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MICHIGAN WOMEN'S PRISONS SETTLE ALLEGATIONS OF SEXUAL

WASHINGTON, D.C. -- Female inmates housed in Michigan prisons will now be protected from sexual assaults, sexual harassment, and unnecessary invasions of privacy under an agreement reached today between the Justice Department and the State of Michigan.

The agreement, filed in U.S. District Court in Detroit, resolves a complaint brought by the Justice Department in March 1997, alleging that inmates at the Crane and Scott Correctional facilities were subjected to sexual misconduct and unlawful invasion of privacy.

"No woman should fear sexual assault from individuals sworn to protect them," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. "Today's agreement ensures that female inmates in Michigan's prison system no longer have to live with that fear. The agreement goes a long way toward protecting women from unacceptable behavior."

The Justice Department began looking at Michigan's facilities in June 1994, after receiving complaints about alleged misconduct by staff. On March 10, 1997, the Department filed suit against the state under the Civil Rights of Institutionalized Persons Act (CRIPA), enacted in 1980 to protect the rights of people housed in state and local governmental institutions, including state prisons. The Department has interviewed hundreds of inmates, participated in the depositions of more than 170 inmates and approximately 70 employees, and reviewed thousands of documents, including investigation reports, and inmate and employee files.

Under today's agreement, the State of Michigan will:

institute a 6-month moratorium on cross-gender pat-down searches on female inmates to determine the effectiveness of the policy;

prohibit male staff from being alone with female inmates in settings that are not clearly visible to other staff or inmates;

require male officers to announce their presence in any areas where inmates could be in a state of undress;

strengthen its preemployment screening of correctional staff to include search for domestic violence history and revise its screening for non-correctional staff, so that those employees will undergo the same rigorous preemployment screening as correctional staff;

conduct background checks after every five years of an employees's service;

educate employees and inmates about reporting and prevention of sexual misconduct and unnecessary invasions of inmate privacy; and,

hire a Special Administrator, who will be responsible for addressing female offender issues, including sexual misconduct and invasions of privacy, and will conduct random interviews with inmates.

The state will also strengthen investigative techniques, including requiring face-to-face interviews of victims and suspects and searching for past allegations of misconduct by suspects. Inmates who have been subjected to serious sexual misconduct or sexual harassment will also be approached and affirmatively offered psychological services.

The settlement requires an agreed upon expert to tour the facilities three and six months after the execution of the agreement. If the expert finds after the second tour that Michigan is in substantial compliance, the complaint will be dismissed. If Michigan is not found to be in substantial compliance, the United States may resume litigating the claims raised in its complaint.

Earlier this year, the Department entered into a similar settlement agreement to resolve its lawsuit covering Arizona women's prisons, which was filed the same day as United States v. Michigan, alleging sexual misconduct and unnecessary invasions of privacy. The Department is pleased that both cases have now culminated in agreements that will minimize such conduct.

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