LA Coordinated System of Care

Emergency.Louisiana.gov

Federal Laws

Prison Rape Elimination Act (PREA) PUBLIC LAW 108-79-SEPT. 4, 2003


CONSTITUTIONAL RIGHTS

According to the U.S Constitution, 14th Amendment, Section I: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.  No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property without due process of the law; nor deny any person within its jurisdiction the equal protection of the laws.

Youth have the right to:

  • medical care
  • mental health care
  • treatment
  • protection from harm
  • freedom from abusive and arbitrary discipline
  • a free and appropriate public education
  • access to Courts
  • decent living conditions
  • the right to investigation and response

OJJ has the responsibility to maintain the health, welfare and rehabilitation of youth in its care.  Mental health services include trained staff providing services that may include the following:

  • emergency mental health services
  • a professional evaluation and development of a treatment plan
  • periodic follow-up evaluations
  • regular mental health services, including treatment

All youth in our care have the right to treatment to strengthen pro-social behaviors which will aid in their rehabilitation.

OJJ is responsible for maintaining safe environments for our youth.  This means protection from harm from themselves, each other and staff.

The use of excessive force or corporal punishment violates the youth’s due process rights.  Youth have the right to be free from threats, taunts, random strip searches and abusive and arbitrary discipline.

The state must also provide youth with an adequate educational program.  Youth must receive all the rights to special education afforded to youth and citizens not in custody.  (See the section on Education Services.)

Youth have a constitutional right to access to courts, including access to attorneys.  Facility staff cannot read attorney-client mail or place restrictions on visits between youth and their attorneys.

The state must provide youth with decent living conditions.  This includes, but is not limited to, heating and cooling, clothing, privacy, food, sanitation, hygiene and recreation.

Youth have the right to investigation and response including procedures to address complaints.