article: On February 26, 2013, the Department of Justice Civil Rights Division sent notice to the Alabama Department of Corrections that it would be conducting an investigation of the Julia Tutwiler Prison. The investigation sought to address allegations that prisoners were subjected to sexual abuse by prison staff in violation of their constitutional rights; allegations that the prison failed to report and prevent sexual abuse; and allegations that the prison failed to provide adequate mental health and medical care to victims of sexual abuse. On January 17, 2014, the DOJ issued a findings letter. The department's findings detailed unconstitutional conditions that subjected women prisoners to a substantial risk of harm. These conditions included staff sexual abuse and sexual harassment of prisoners, prison officials' failure to adequately respond to and investigate allegations of sexual abuse and harassment, and systemic deficiencies that directly contributed to staff and prisoner sexual abuse and staff sexual harassment. On May 28, 2015, the DOJ Civil Rights Division filed this lawsuit against the state of Alabama and its Department of Corrections (ADOC) under CRIPA for the heinous sexual abuse committed by the ADOC's male officers at Tutwiler. And the parties had reached a settlement agreement and subsequently submitted a motion for its approval, which Judge Myron Thompson accepted on June 18, 2015. The court issued a consent decree and designated an independent monitor. The settlement required the ADOC and Tutwiler to make recommended changes and file compliance reports every six months. The substantive part of the settlement agreement contained sections on General Policies and Procedures, staffing and training, risk assessment and education, rights to privacy and reporting, and response and investigation procedures to reports of sexual assault. The policy section of the agreement required ADOC and Tutwiler to: <ul> <li> Develop, submit to the Monitor and DOJ for review, and implement policies and procedures regarding the management of lesbian, gay, bisexual, transgender, intersex, and gender nonconforming prisoners; <li> Comply with its policy ensuring women receive essential supplies; <li> Develop and implement policies and procedures that incorporate gender-responsive strategies, including policies and procedures governing the use of force against women prisoners and other disciplinary actions; <li> Develop, submit to the Monitor and DOJ for review and implement facility-specific policies and operational practices specific to Tutwiler' s population regarding the supervision and monitoring necessary to prevent inmates from being exposed to an unreasonable risk of harm from sexual abuse and harassment; and <li> Revise and/or develop and implemen any other policies, practices, procedures, protocols, training curricula, and other written documents as necessary, including but not limited to, screening tools, logs, handbooks, manuals, and forms. </ul> The consent decree was set to be in effect until ADOC was found in substantial compliance in three consecutive compliance reports. The monitor filed the first report on February 26, 2016 on the assessment period for May–Dec. 2015. The monitor noted positive progress and granted a 3-month extension for compliance on the general policies and procedures and training. From February 2016 through August 2019, the monitor filed a total of eight reports indicating steady progress. In the eighth and most recent report, the monitor noted that Tutwiler and the ADOC achieved "substantial compliance" with 41 sections of the settlement agreement and "partial compliance" with two sections of the agreement. As of August 2019, Tutwiler's and the ADOC's general policies continued to work toward preventing sexual abuse and harassment. The monitor noted that staff exhibited knowledge of procedures related to reporting sexual harassment, safety for inmates, and investigative processes. In addition, the monitor found that Tutwiler and the ADOC fully implemented the required Behavior Intervention & Discipline Policy and Disciplinary Segregation policies. Tutwiler's and the ADOC's use of camera recording also satisfied the monitor, although the monitor found that audio capabilities would further surveillance efforts. Further, the ADOC's and Tutwiler's inmate education program communicating the right to be free from sexual abuse and harassment and right to privacy satisfied their duties as outlined in the agreement. The monitor found some challenges still exist at the Tutwiler facility. Specifically, staffing vacancies could impact safety and security at the facility. Additionally, recruitment and retention problems with women candidates do not allow for a finding of substantial compliance with terms in the agreement. As of November 2019, the monitor will conduct further research on compliance and submit a ninth report to the court in December. The case is ongoing. (There were also two earlier CRIPA matters involving Tutwiler. The first was in the mid 1980s. For information, see <a href="http://www.clearinghouse.net/detail.php?id=550">PC-AL-0023</a>. The second was in the mid 1990s. See <a href="http://www.clearinghouse.net/detail.php?id=534">PC-AL-0006</a>.)
summary: In 2013, the DOJ Civil Rights Division investigated the Julia Tutwiler Prison in Alabama. After sending the state Department of Corrections a findings letter in January 2014, the DOJ filed this suit against the state of Alabama and Department of Corrections in 2015 for heinous sexual abuse committed by the ADOC's male officers the prison. The parties reached a settlement agreement approved by the court in an enforceable consent decree, which required the ADOC and Tutwiler to make recommended changes and file compliance reports every six months. The case is ongoing.