The Violent Crime Control and Law Enforcement Act of 1994, 34 U.S.C. § 12601, authorizes the Attorney General to seek equitable and declaratory relief to eliminate a pattern or practice of illegal conduct by agencies responsible for the administration of juvenile justice or the incarceration of juveniles. Investigations involving the administration of juvenile justice address issues in the delinquency process, including actions that undermine key due process protections, equal protection, and other constitutional safeguards in juvenile proceedings. Investigations involving the incarceration of juveniles cover an array of issues in the operation of juvenile justice facilities, including abuse, crowding, medical and mental health care, fire safety, sanitation, security, adequacy of treatment and training, and education. This enforcement authority with respect to juvenile facilities supplements the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §§ 1997 to 1997j, which also covers juvenile facilities.

When a United States Attorney’s Office receives a complaint or other information suggesting a violation of CRIPA or Section 12601, that office should forward the complaint or other information to the Special Litigation Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The Attorney General must sign the complaint if it alleges a CRIPA violation. The United States Attorney’s Office and the Special Litigation Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

[updated December 2022]