Civil Rights of Institutionalized Persons Act
PL 96-247 (H.R.10), enacted 05/23/1980

PUBLIC LAW 96-247—MAY 23, 1980 
94 STAT. 349 
Public Law 96-247 
96th Congress 
An Act 
To authorize actions for redress in cases involving deiirivations of rights of institu- 
May 23,1980 
tionalized persons secured or protected by the Constitution or laws of the United 
[H.R. 10] 
States. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, That this Act may be civil Rights of 
cited as the "Civil Rights of 
Institutionalized Persons Act". 
p"e?sonsXt 
SEC. 2. DEFINITIONS. 
42 U
S
C 199^ 
note. 
As used in this Act— 
42 use 1997. 
(1) The term "institution" means any facility or institution— 
(A) which is owned, operated, or managed by, or provides 
services on behalf of any State or political subdivision of a State; 
and 
(B) which is— 
(i) for persons who are mentally ill, disabled, or retarded, 
or chronically ill or handicapped; 
(ii) a jail, prison, or other correctional facility; 
(iii) a pretrial detention facility; 
(iv) for 
juveniles— 
(I) held awaiting trial; 
(II) residing in such facility or institution for purposes 
of 
receiving care or treatment; or 
(III) residing for any State purpose in such facility or 
institution (other than a residential facility providing 
only elementary or secondary education that is not an 
institution in which reside juveniles who are abjudi-
cated delinquent, in need of supervision, neglected, 
placed in State custody, mentally ill or disabled, men-
tally retarded, or chronically ill or handicapped); or 
(v) providing skilled nursing, intermediate or long-term 
care, or custodial or residential care. 
(2) Privately owned and operated facilities shall not be deemed 
"institutions" under this Act i
f
— 
(A) the licensing of such facility by the State constitutes the 
sole nexus between such facility and such State; 
(B) the receipt by such facility, on behalf of persons residing in 
such facility, of payments under title XVI, XVIH, or under a f use i38i, 
State plan approved under title XIX, of the Social Security Act, H^f^^^ 
constitutes the sole nexus between such facility and such State; 
or 
(C) the licensing of such facility by the State, and the receipt by 
such facility, on behalf of persons residing in such facility, of 
payments under title XVI, XVIII, or under a State plan approved 
under title XIX, of the Social Security Act, constitutes the sole 
nexus between such facility and such State; 
(3) The term "person" means an individual, a trust or estate, a 
partnership, an association, or a corporation; 
42 USC 1396. 
94 STAT. 350 
PUBLIC LAW 96-247—MAY 23, 1980 
42 use 1997a. 
use prec. title 1. 
Attorney's fee, 
allowance. 
42 use 1997b. 
(4) The term "State" means any of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, or any of the territories 
and possessions of the United States; 
(5) The term "legislative days" means any calendar day on which 
either House of Congress is in session. 
SEC. 3. INITIATION OF ACTIONS. 
(a) Whenever the Attorney General has reasonable cause to believe 
that any State or political subdivision of a State, official, employee, or 
agent thereof, or other person acting on behalf of a State or political 
subdivision of a State is subjecting persons residing in or confined to 
an institution, as defined in section 2, to egregious or 
flagrant 
conditions which deprive such persons of any rights, privileges, or 
immunities secured or protected by the Constitution or laws of the 
United States causing such persons to suffer grievous harm, and that 
such deprivation is pursuant to a pattern or practice of resistance to 
the full enjoyment of such rights, privileges, or immunities, the 
Attorney General, for or in the name of the United States, may 
institute a civil action in any appropriate United States district court 
against such party for such equitable relief as may be appropriate to 
insure the minimum corrective measures necessary to insure the full 
enjoyment of such rights, privileges, or immunities, except that such 
equitable relief shall be available under this Act to persons residing 
in or confined to an institution as defined in section 2(l)(B)(ii) only 
insofar as such persons are subjected to conditions which deprive 
them of rights, privileges, or immunities secured or protected by the 
Constitution of the United States. 
(b) In any action commenced under this section, the court may 
allow the prevailing party, other than the United States, a reasonable 
attorney's fee against the United States as part of the costs. 
(c) Any complaint filed by the Attorney General pursuant to this 
section shall be personally signed by him. 
SEC. 4. CERTIFICATION REQUIREMENTS. 
(a) At the time of the commencement of an action under section 2 
the Attorney General shall certify to the court— 
(1) that at least 49 calendar days previously he has notified in 
writing the Governor or chief executive officer and attorney 
general or chief legal officer of the appropriate State or political 
subdivision and the director of the institution of— 
(A) the alleged conditions which deprive rights, privileges, 
or immunities secured or protected by the Constitution or 
laws of the United States and the alleged pattern or practice 
of resistance to the full enjoyment of such rights, privileges, 
or immunities; 
(B) the supporting facts giving rise to the alleged condi-
tions and the alleged pattern or practice, including the dates 
or time period during which the alleged conditions and 
pattern or practice of resistance occurred; and when feasible, 
the identity of all persons reasonably suspected of being 
involved in causing the alleged conditions and pattern or 
practice at the time of the certification, and the date on 
which the alleged conditions and pattern or practice were 
first brought to the attention of the Attorney General; and 
(C) the minimum measures which he believes may remedy 
the alleged conditions and the alleged pattern or practice of 
resistance; 
PUBLIC LAW 96-247—MAY 23, 1980 
94 STAT. 351 
(2) that he has notified in writing the Governor or chief 
executive officer and attorney general or chief legal officer of the 
appropriate State or political subdivision and the director of the 
institution of his intention to commence an investigation of such 
institution, that such notice was delivered at least seven days 
prior to the commencement of such investigation and that 
between the time of such notice and the commencement of an 
action under section 3 of this Act— 
(A) he has made a reasonable good faith effort to consult 
with the Governor or chief executive officer and attorney 
general or chief legal officer of the appropriate State or 
political subdivision and the director of the institution, or 
their designees, regarding financial, technical, or other as-
sistance which may be available from the United States and 
which he believes may assist in the correction of such 
conditions and pattern or practice of resistance; 
(B) he has encouraged the appropriate officials to correct 
the alleged conditions and pattern or practice of resistance 
through informal methods of conference, conciliation and 
persuasion, including, to the ejftent feasible, discussion of 
the possible costs and fiscal impacts of alternative minimum 
corrective measures, and it is his opinion that reasonable 
efforts at voluntary correction have not succeeded; and 
(C) he is satisfied that the appropriate officials have had a 
reasonable time to take appropriate action to correct such 
conditions and pattern or practice, taking into consideration 
the time required to remodel or make necessary changes in 
physical facilities or relocate residents, reasonable legal or 
procedural requirements, the urgency of the need to correct 
such conditions, and other circumstances involved in cor-
recting such conditions; and 
(3) that he believes that such an action by the United States is 
of general public importance and will materially further the 
vindication of rights, privileges, or immunities secured or pro-
tected by the C!onstitution or laws of the United States, 
(b) Any certification made by the Attorney General pursuant to 
this section shall be personally signed by him. 
SEC. 5. INTERVENTION IN ACTIONS. 
(a)(1) Whenever an action has been commenced in any court of the 
United States seeking relief from egregious or flagrant conditions 
which deprive persons residing in institutions of any rights, privi-
leges, or immunities secured or protected by the Constitution or laws 
of the United States causing them to suffer grievous harm and the 
Attorney General has reasonable cause to believe that such depriva-
tion is pursuant to a pattern or practice of resistance to the full 
enjoyment of such rights, privileges, or immunities, the Attorney 
General, for or in the name of the United States, may intervene in 
such action upon motion by the Attorney General. 
(2) The Attorney General shall not file a motion to intervene under 
paragraph (1) before 90 days after the commencement of the action, 
expept that if the court determines it would be in the interests of 
justice, the court may shorten or waive the time period. 
(b)(1) The Attorney General shall certify to the court in the motion 
to intervene filed under subsection (a)— 
(A) that he has notified in writing, at least fifteen days 
previously, the Governor or chief executive officer, attorney 
Notification of 
investigation. 
u s e prec. title 1. 
42 u s e 1997c. 
Certification to 
court. 
79-194 
O—81—pt. 1 
26 : QL3 
94 STAT. 352 
PUBLIC LAW 96-247—MAY 23, 1980 
Attorney's fee, 
allowance. 
42 u s e 1997d. 
42 u s e 1997e. 
Grievance 
resolution 
standards. 
Publication in 
Federal 
Register. 
general or chief legal officer of the appropriate State or political 
subdivision, and the director of the institution of— 
(i) the alleged conditions which deprive rights, privileges, 
or immunities secured or protected by the Constitution or 
laws of the United States and the alleged pattern or practice 
of resistance to the full enjo3mient of such rights, privileges, 
or immunities; 
(ii) the supporting facts giving rise to the alleged condi-
tions, including the dates and time period during which the 
alleged conditions and pattern or practice of resistance 
occurred; and 
(iii) to the extent feasible and consistent with the interests 
of other plaintiffs, the minimum measures which he believes 
may remedy the alleged conditions and the alleged pattern 
or practice of resistance; and 
(B) that he believes that such intervention by the United States 
is of general public importance and will materially further the 
vindication of rights, privileges, or immunities secured or pro-
tected by the Constitution or laws of the United States. 
(2) Any certification made by the Attorney General pursuant to 
this subsection shall be personally signed by him. 
(c) Any motion to intervene made by the Attorney General pursu-
ant to this section shall be personally signed by him. 
(d) In any action in which the United States joins as an intervener 
under this section, the court may allow the prevailing party, other 
than the United States, a reasonable attorney's fee against the 
United States as part of the costs. Nothing in this subsection 
precludes the award of attorney's fees available under any other 
provisions of the United States Code. 
SEC. 6. PROHIBITION OF RETALIATION. 
No person reporting conditions which may constitute a violation 
under this Act shall be subjected to retaliation in any manner for so 
reporting. 
SEC. 7. EXHAUSTION OF REMEDIES. 
(a)(1) Subject to the provisions of paragraph (2), in any action 
brought pursuant to section 1979 of the Revised Statutes of the 
United States (42 U.S.C. 1983) by an adult convicted of a crime 
confined in any jail, prison, or other correctional facility, the court 
shall, if the court believes that such a requirement would be appropri-
ate and in the interests of justice, continue such case for a period of 
not to exceed ninety days in order to require exhaustion of such plain, 
speedy, and effective administrative remedies £is are available. 
(2) The exhaustion of administrative remedies under paragraph (1) 
may not be required unless the Attorney General has certified or the 
court has determined that such administrative remedies are in 
substantial compliance with the minimum acceptable standards 
promulgated under subsection (b). 
(bXD No later than one hundred eighty days after the date of 
enactment of this Act, the Attorney General shall, after consultation 
with persons. State and local agencies, and organizations with back-
ground and expertise in the area of corrections, promulgate mini-
mum standards for the development and implementation of a plain, 
speedy, and effective system for the resolution of grievances of adults 
confined in any jail, prison, or other correctional facility. The 
Attorney General shall submit such proposed standards for publica-
PUBLIC LAW 96-247—MAY 23, 1980 
94 STAT. 353 
tion in the Federal Register in accordance with section 553 of title 5, 
United States Code. Such standards shall take effect thirty legislative 
days after publication unless, within such period, either House of 
Congress adopts a resolution of disapproval of such standards. 
(2) The minimum standards shall provide— 
(A) for an advisory role for employees and inmates of any jail, 
prison, or other correctional institution (at the most decentral-
ized level as is reasonably possible), in the formulation, imple-
mentation, and operation of the system; 
(B) specific maximum time limits for written replies to griev-
ances with reasons thereto at each decision level within the 
system; 
(C) for priority processing of grievances which are of an 
emergency nature, including matters in which delay would 
subject the grievant to substantial risk of personal injury or 
other damages; 
(D) for safeguards to avoid reprisals against any grievant or 
participant in the resolution of a grievance; and 
(E) for independent review of the disposition of grievances, 
including alleged reprisals, by a person or other entity not under 
the direct supervision or direct control of the institution. 
(c)(1) The Attorney General shall develop a procedure for the 
prompt review and certification of systems for the resolution of 
grievances of adults confined in any jail, prison, or other correctional 
facility, or pretrial detention facility, to determine if such systems, as 
voluntarily submitted by the various States and political subdivi-
sions, are in substantial compliance with the minimum standards 
promulgated under subsection (b). 
(2) The Attorney General may suspend or withdraw the certifica-
tion under paragraph (1) at any time that he has reasonable cause to 
believe that the grievance procedure is no longer in substantial 
compliance with the minimum stsmdards promulgated under subsec-
tion (b). 
(d) The failure of a State to adopt or adhere to an administrative 
grievance procedure consistent with this section shall not constitute 
the basis for an action under section 3 or 5 of this Act. 
SEC. 8. REPORT TO CONGRESS. 
The Attorney shall include in his report to Congress on the 
business of the Department of Justice prepared pursuant to section 
522 of title 28, United States Code— 
(1) a statement of the number, variety, and outcome of all 
actions instituted pursuant to this Act including the history of, 
precise reasons for, and procedures followed in initiation or 
intervention in each case in which action was commenced; 
(2) a detailed explanation of the procedures by which the 
Department has received, reviewed and ev£duated petitions or 
complaints regarding conditions in institutions; 
(3) an analysis of the impact of actions instituted pursuant to 
this Act, including, when feasible, an estimate of the costs 
incurred by States and other political subdivisions; 
(4) a statement of the financial, technical, or other assistance 
which has been made available from the United States to the 
State in order to assist in the correction of the conditions which 
are alleg:ed to have deprived a person of rights, privileges, or 
immunities secured or protected by the Constitution or laws of 
the United States; and 
Effective date. 
Minimum 
standards 
provisions. 
Prompt review 
and certification 
of systems 
procedure. 
Suspension or 
withdrawal of 
certification. 
42 u s e 1997f. 
u s e prec. title 1. 
94 STAT. 354 
PUBLIC LAW 96-247—MAY 23, 1980 
(5) the progress made in each Federal institution toward 
meeting existing promulgated standards for such institutions or 
constitutionally guaranteed minima. 
42 u s e 1997g. 
SEC. 9. PRIORITIES FOR USE OF FUNDS. 
(a) It is the intent of Congress that deplorable conditions in 
institutions covered by this Act amounting to deprivations of rights 
use prec. title 1. protected by the Constitution or laws of the United States be 
corrected, not only by litigation as contemplated in this Act, but also 
by the voluntary good faith efforts of agencies of Federal, State, and 
local governments. It is the further intention of Congress that where 
Federal funds are available for use in improving such institutions, 
priority should be given to the correction or elimination of such 
unconstitutional or illegal conditions which may exist. It is not the 
intent of this provision to require the redirection of funds from one 
program to another or from one State to another. 
42 u s e 1997h. 
SEC. 10. NOTICE TO FEDERAL DEPARTMENTS. 
At the time of notification of the commencement of an investiga-
tion of an institution under section 3 or of the notification of an 
intention to file a motion to intervene under section 5 of this Act, and 
if the relevant institution receives Federal financial assistance from 
the Department of Health and Human Services or the Department of 
Education, the Attorney General shall notify the appropriate Secre-
tary of his action and the reasons for such action and shall consult 
with such officials. Following such consultation, the Attorney Gen-
eral may proceed with an action under this Act if he is satisfied that 
such action is consistent with the policies and goals of the executive 
branch. 
42 u s e 19971. 
SEC. 11. DISCLAIMER—STANDARDS OF CARE. 
Provisions of this Act shall not authorize promulgation of regula-
tions defining standards of care. 
42 u s e 1997J. 
SEC. 12. DISCLAIMER—PRIVATE LITIGATION. 
The provisions of this Act shall in no way expand or restrict the 
authority of parties other than the United States to enforce the legal 
rights which they may have pursuant to existing law with regard to 
institutionalized persons. In this regard, the fact that the Attorney 
General may be conducting an investigation or contemplating litiga-
tion pursuant to this Act shall not be grounds for delay of or prejudice 
to any litigation on behalf of parties other than the United States. 
Approved May 23, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-80 (Comm. on the Judiciary) and No. 96-897 (eomm. of 
Conference). 
SENATE REPORT No. 96-416 accompanying S. 10 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): May 16, 23, considered and passed House. 
May 24, considered in Senate. 
Vol. 126 (1980): Feb. 26, 27, S. 10 considered in Senate. 
Feb. 28, H.R. 10 considered and passed Senate, amended, in lieu 
of S. 10. 
Apr. 23-25, 28-30, May 1, 6, Senate considered and agreed to 
conference report. 
May 12, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 16, No. 21 (1980): May 23, Presidential statement.