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“My Brother’s Keeper” Mentoring Pledge Friday, June 13, 2014 Washington, D.C.
June 13, 2014 Posted by
Video: Celebrating Fatherhood and Encouraging Mentorship with the My Brother’s Keeper Initiative

Video: Celebrating Fatherhood and Encouraging Mentorship with the My Brother’s Keeper Initiative

I would not be where I am today without the love, guidance, and support of my father.  He taught me to work hard, to dream big, to give back to my community, and to always remember the responsibility I have to be a role model for my own children.  But as we celebrate Father’s Day this weekend, we must all be mindful of a tragic truth: far too many children simply cannot count on the love and support of an attentive parent.  This is not an individual problem – it’s a national concern that affects each and every one of us.  And that’s why President Obama has launched a national call to action – known as “My Brother’s Keeper” – that’s bringing together government and private groups to address persistent opportunity gaps and provide young people with the support they need to stay on the right path.

Attorney General Holder attends an event with his son, Eric Holder III, and his brother, William Holder. (Credit: Department of Justice)

Attorney General Holder attends an event with his son, Eric Holder III, and his brother, William Holder. (Credit: Department of Justice)

My Brother’s Keeper is uniting Americans from all walks of life to build sustained mentoring relationships that will help countless children across the country.  Study after study has shown just how critical it is for our children to have strong, positive role models.  With the benefits of mentorship, kids are more likely to mature into responsible, confident, and healthy young adults who are better prepared to contribute, and to lead, as full and productive members of society – and to serve as role models themselves.

That’s why I’m honored to join President Obama in calling on all Americans to get involved in My Brother’s Keeper today.  By pledging to serve as a long-term mentor to a young person in your community, you can make a real difference while inspiring others to do the same.  You can provide the positive influence that so many children lack, helping to knock down barriers to success and changing the trajectory of a child’s life for the better.

Attorney General Eric Holder hosts a My Brother’s Keeper discussion with Indian American young men at United Tribes Technical College in Bismarck, ND. (Credit: Denis Neumann, UTTC)

Attorney General Eric Holder hosts a My Brother’s Keeper discussion with Indian American young men at United Tribes Technical College in Bismarck, ND. (Credit: Denis Neumann, UTTC)

The power – and the responsibility – to be a role model for our nation’s young people rests in your hands.  Please take the pledge – at whitehouse.gov/mybrotherskeeper – and do your part to help a new generation of Americans build the better, brighter futures they deserve.

 
Shared Struggles, Shared Successes: Working at the Intersection of LGBTI and Disability Rights
July 21, 2014 Posted by

This post is courtesy of the Civil Rights Division 

During LGBTI Pride Month, advocates, scholars, authors and artists joined officials from across the government at the White House Forum on LGBTI & Disability Issues.  This first-of-its-kind event focused on intersections between the lesbian, gay, bisexual, transgender and intersex (LGBTI) and disability communities, and was attended by representatives from across the federal government.  As the 24th anniversary of the Americans with Disabilities Act (ADA) approaches on July 26, the Justice Department’s Civil Rights Division reflects on the civil rights challenges faced by both communities.

As the arm of the Justice Department tasked with enforcing both the ADA and civil rights laws that protect LGBTI individuals, the Civil Rights Division was proud to participate in this important forum.  Megan Schuller, an attorney in the Disability Rights Section and member of the division’s Lesbian, Gay, Bisexual, Transgender and Intersex Working Group, emphasized the similar challenges faced by LGBTI individuals and by people with disabilities, the unique challenges faced by LGBTI people with disabilities and the fact that both groups are stronger when they work together.

Many of the civil rights challenges faced by LGBTI people also confront people with disabilities.  Both groups are discriminated against in education, employment and housing.  Both groups face stigma from public service providers.  And both groups remain targets of harassment and hate crimes.  The division strives to address these critical issues.

The ADA demands equal opportunity for people with disabilities in public accommodations, employment and state and local services, and stands as a natural intersection of the civil rights struggles of both groups.  Alliances between the disability community and other civil rights movements were critical to passage of the ADA, and provided a united front against challenges to the act, such as efforts to exclude people with AIDS, which were defeated due to the united front of the disability and LGBTI movements. 

As a result, the ADA protects Americans with HIV or AIDS, which disproportionately affect LGBTI people.  Combating stigma and discrimination based on HIV status is crucial to ending this epidemic.  The division’s HIV/AIDS enforcement under the ADA since the National HIV/AIDS Strategy was announced in July 2010 has been robust.  Much of that work has involved allegations that individuals were denied care or were treated differently in health care because they have HIV.  In 2013, the division also successfully challenged the South Carolina Department of Corrections’ policy of segregating and discriminating against inmates with HIV, and in March 2014, reached a settlement agreement with Gwinnett College resolving allegations that the school did not allow a student with HIV to fully participate in its programs and classes. 

The Fair Housing Act prohibits discrimination on the basis of sex, which may include discrimination based on a person’s nonconformity with stereotypes associated with that person’s real or perceived gender, as well as on the basis of disability.  Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 also protect students from discrimination on the basis of sex, while the ADA and the Rehabilitation Act prohibit discrimination against students with disabilities. 

The division’s settlements with the Arcadia School District in California and the Anoka-Hennepin School District in Minnesota also show that sex-based harassment and discrimination will not be tolerated and the division will use the laws and tools it has to fight the next generation of civil rights challenges. 

The division also vigorously prosecutes hate crimes, including crimes against LGBTI persons and individuals with disabilities.  The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009 criminalizes violence committed because of actual or perceived gender, sexual orientation, gender identity or disability, if linked to interstate commerce.  Since the act’s passage, the division has made indictments in 27 hate crimes cases, including six separate cases in which 10 defendants committed offenses because of sexual orientation.  In 2013, the department charged five people with a hate crime for abuse of victims with mental disabilities; the first case in the nation to challenge a hate crime against people with disabilities. 

Though much progress has been made in these areas, substantial work remains.  To illustrate, while the ADA protects individuals from disability-based discrimination in employment, the civil rights laws do not yet fully protect individuals from discrimination in employment on the basis of their LGBTI status.  The same is true of education, housing and other areas where there are not explicit prohibitions of discrimination based on sexual orientation.  Even so, the division is committed to using every tool available to fight for the rights of LGBTI individuals and persons with disabilities.  As the White House Forum reminded its participants, those battles are essential to achieving a more equal America for all.

POSTED IN: Civil Rights Division  |  PERMALINK
Helping Civil Legal Aid Attorneys Identify and Respond to Elder Abuse
June 17, 2014 Posted by

This blog is courtesy of Meg Morrow, an attorney advisor for the Office for Victims of Crime (OVC).  Ms. Morrow manages OVC’s efforts to respond to elder abuse.

The Office for Victims of Crime (OVC) joins with other components within the Department of Justice to acknowledge the prevalence of elder abuse in the United States and to recognize promising advances in the field.  Having recognized World Elder Abuse Awareness Day on June 15, 2014, we can glean hope from the increase in awareness and recognition of elder abuse, neglect and financial exploitation in this country while facing the challenges of the work that remains.

OVC believes that the more we educate victim service providers, criminal justice professionals and allied practitioners about victim issues, the better able those professionals are to serve victims who need those services.  In the area of elder abuse, OVC has worked diligently to develop training for the full range of professionals who interact with elders who may be victims of abuse, including victim service providers, physicians, nurses, law enforcement, adult protective services, aging services providers, judges and court personnel and community corrections professionals.

In that spirit, OVC teamed with the department’s Elder Justice Initiative and Access to Justice Initiative to develop an interactive, online curriculum for legal aid and other civil attorneys on identifying and responding to elder abuse.  As Deputy Attorney General James Cole said when he announced this collaboration, “Legal services programs have a unique opportunity to prevent and remedy elder abuse.”

Funded through the Elder Justice Initiative, this curriculum includes six one-hour modules that address a range of issues relevant to civil attorneys who serve older clients in the course of their practice.  This training has the basic information and tools attorneys can use to identify and address the needs of their older clients who may be experiencing some form of abuse.

This week, the Department released the first three modules of the curriculum: What Every Legal Services Lawyer Needs to Know About Elder Abuse; Practical and Ethical Strategies; and Domestic Violence and Sexual Assault.  The three remaining modules, Elder Abuse in Long-Term Care; Financial Exploitation; and Guardianship, Conservatorship and Surrogate Decision Making, are scheduled for release later in the summer.

Legal aid attorneys regularly work with older clients who are victims of elder abuse, but too often the attorneys do not recognize the warning signs of abuse or know where to turn for help.  With this curriculum, the department aims to ensure that these critical allied practitioners have the resources they need to identify the abuse and take action.

Later this summer, Access to Justice is issuing a case study, Civil Legal Aid Supports Federal Efforts to Prevent and Remedy Elder Abuse, which will be made part of the Legal Aid Interagency Roundtable Toolkit that Associate Attorney General Tony West recently announced at the April 8, 2014, White House Forum on Increasing Access to Justice.  This case study will explain the unique role civil legal aid lawyers can play in helping to prevent and remedy elder abuse.

OVC will continue to work with our partners at the department to expand services that address the needs of elder abuse victims.

I encourage legal aid lawyers, other civil attorneys and any other professionals seeking to learn about the identification of elder abuse to access the new training modules to learn more about what they can do to address elder abuse.

To learn more information on OVC’s efforts to enhance the response to elder abuse victims, please visit the office’s website.

POSTED IN: Access to Justice  |  PERMALINK
Secretary Duncan and Attorney General Holder Announce New Efforts to Address the Needs of Confined Youth
June 9, 2014 Posted by

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This past March, staff from the Departments of Justice and Education met at the Robert F. Kennedy Center for Justice and Human Rights to hear from a group of seven formerly incarcerated youth. This amazing group – most of them now over the age of 18 – shared their experiences with the juvenile justice system. 

No two stories were the same.  Some youth shared that they received no educational services at all, not even books to read, during their time in the facility.  While several youth had been identified as having disabilities before they were incarcerated, many did not receive services aligned with their individualized education programs.  Among the students who did receive instruction, the courses available did not provide credits toward a high school diploma. 

We are grateful to these youth for their resilience, leadership, and bravery as they speak out about their experiences.  It is time that we match our gratitude with a new commitment to reform, to ensure that every child placed in a facility has access to high-quality education services and the supports they need to successfully reenter their schools and communities. 

Today, leaders from 22 agencies joined us for a Federal Interagency Reentry Council meeting to discuss actions to reduce reentry barriers to employment, health, housing and education for individuals who are transitioning from incarceration to community.  The meeting comes on the heels of the My Brother’s Keeper Task Force Report, submitted to President Obama last week, which recommends new action to address the persistent opportunity gaps faced by too many youth, particularly boys and young men of color, and ensure that all young people who are willing to do the hard work to get ahead can reach their full potential , including new efforts to enforce the rights of incarcerated youth to a quality education. 

In keeping with that recommendation, we announced to our federal partners that we sent a letter to each state school superintendent and each state attorney general.  The letter highlights the importance of supporting youth in facilities, describes how federal dollars can fund improved services and signals our coming work to clarify the components of high-quality correctional education services.

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This step continues recent work by federal agencies to support incarcerated youth in juvenile justice facilities.  We’ve funded model demonstration projects for students with disabilities returning from juvenile facilities and commissioned a report from the National Academy of Sciences to better understand the developmental needs of incarcerated youth.  Moving forward, our departments will invest in a joint initiative to design an evidence-based education model for returning youth and to support demonstration projects in selected jurisdictions.    

Our work builds upon the recent groundswell of state and local efforts, as well as private initiatives and investments in research, dedicated to strengthening services for incarcerated youth.  Last year, we were amazed by the efforts at Maya Angelou Academy at New Beginnings Youth Development Center to provide all youth with access to English, Math, Social Studies and Science classes aligned with the standards of the District of Columbia’s public schools.  During our visit to the facility, students were reading Night, by Elie Wiesel. 

Maya Angelou Academy has set the bar higher for our youth in juvenile justice, and others are doing the same. 

States such as Oregon, Indiana and Pennsylvania are increasing access to technology as one strategy for connecting youth in juvenile facilities with academic content comparable to their peers in traditional schools. 

Thanks to the Council of State Governments Justice Center, we now have consensus among researchers, practitioners and advocates – from the fields of education, health, juvenile justice, and law enforcement – regarding the necessary steps to keep youth in school, prevent their entry into the justice system and ensure that youth in facilities get the supports and services they need. 

Plenty of work remains. Too many places still exist where youth in facilities do not have access to quality education services, or worse, receive no services at all. We know that there is often confusion among education and justice officials about who is responsible for students’ education once they are placed in a juvenile detention setting.  But we are heartened by the work of the Council of State Governments, the National Academy of Sciences, and others – an effort that represents growing national agreement that we have a collective responsibility to support, nurture and prepare juvenile justice-involved youth.   

That’s why we spoke up in a recent federal lawsuit in support of incarcerated youth with disabilities who alleged that they were placed in solitary confinement for 22 hours or more per day, discriminated against on the basis of their disability, and denied their right to a free and appropriate public education. 

As noted in the My Brother’s Keeper Task Force report, when young people come into contact with the juvenile or criminal justice systems, these interactions should not put them off track for life.  The president has set a goal that, by 2020, our nation will have the highest proportion of college graduates in the world and that all Americans complete at least one year or more of college or career training.  We must ensure that our youth in correctional facilities can play their part in achieving that vision.

 

June 2014 Update on the Tax Division’s Program for Non-Prosecution Agreements or Non-Target Letters for Swiss Banks
June 5, 2014 Posted by

The following post appears courtesy of the Tax Division

On Aug. 29, 2013, the Department of Justice released its Program for Non-Prosecution Agreements or Non-Target Letters for Swiss Banks.  The Program required Swiss banks to submit letters of intent to the Tax Division no later than Dec. 31, 2013, requesting consideration for a non-prosecution agreement.  In January 2014, Assistant Attorney General Kathryn Keneally of the Tax Division announced that the Tax Division had received 106 letters of intent. 

The Tax Division has been engaged in extensive discussions with those institutions.  Based on these discussions, the Tax Division has announced additional comments regarding the Program as well as extensions of certain Program deadlines.    

The Tax Division has published on its website a document that contains these additional comments.

POSTED IN: Tax Division  |  PERMALINK
Bureau of Justice Statistics Recognized for Studies on Prison Rape
June 5, 2014 Posted by

Courtesy of the Bureau of Justice Statistics, Office of Justice Programs

The Bureau of Justice Statistics (BJS) and its data collection agents received the 2014 Policy Impact Award from the American Association for Public Opinion Research (AAPOR) for their innovative and salient efforts to measure sexual victimization in correctional facilities under the Prison Rape Elimination Act of 2003 (PREA).

AAPOR, a leading association of survey research professionals, stated in the award citation, “the findings, and their extensive publicity, have triggered special investigations by governors and state legislatures and immediate changes in policies and plans of action. Findings from the project are now cited extensively in training for correctional administrators on how to prevent and respond to prison rape. Without these data, national standards for best practices to eliminate rape and other related violence among prisoners could not have been promulgated.”

BJS has released 14 separate reports on prison rape since 2004. Television, print media, researchers and public interest groups extensively covered the findings at local, state and national levels. Coverage included 32 articles in newspapers and magazines and a series of four articles in The New York Review of Books.

AAPOR selected the PREA team for its outstanding work developing a state-of-the art, multi-measure, multi-mode approach that relied on both victim self-report surveys and administrative records. When Congress passed the PREA bill in 2003 it required BJS to measure sexual victimization in correctional facilities and publish rankings of facilities with the highest and lowest rates of sexual victimization. At that time there was no infrastructure for such a data collection and there was little agreement on a methodology that would generate accurate estimates. Both inmate self‐reports of sexual victimization and reports from facility administrators were considered high risk for both over-reporting and underreporting of incidents.

“We had to develop a complex statistical infrastructure that would enable us to measure a very sensitive issue that was far more nuanced than we knew,” said Allen J. Beck, BJS Senior Statistical Advisor and program lead. “The prison rape data collection represents a 10-year effort to build a program for accurately measuring the prevalence of sexual victimization in the nation’s more than 7,600 correctional facilities covered under PREA,” he added.

The BJS-led team actively reached out to all stakeholders as it developed survey protocols, measurement strategies and reporting criteria. The team established definitions of sexual victimization that would hold true for each survey and facility, addressed complex human subject concerns such as protecting respondents from retaliation by other inmates or facility staff, set statistical standards for defining high-rate facilities and developed a plan for disseminating the findings. Almost immediately upon release, the BJS data led to several direct policy or program actions at local, state, and federal levels.

The PREA statistics program includes four separate collections: the Survey on Sexual Violence, the National Inmate Survey, the National Survey of Youth in Custody, and the National Former Prisoner Survey. These combined surveys reach a level of data collection not seen previously. They assess the incidence of sexual victimization in correctional facilities through victim self-reporting, survey facilities’ administrative records, reach out to ex-offenders now living in the community, and survey youth held in juvenile and adult facilities.

The PREA effort shows the effectiveness of combining the talents of BJS and four major data collection agencies―RTI International, Westat, NORC at the University of Chicago, and the U.S. Census Bureau. In addition to Allen J. Beck, BJS principal staff involved in the PREA research were former BJS statisticians Paige M. Harrison, Paul Guerino and Christopher J. Mumola. Among the data collection agencies, the principal staff included David Cantor, John Hartge and Tim Smith at Westat; Marcus Berzofsky, Rachel Caspar and Christopher Krebs at RTI International; Candace Johnson at NORC; and Greta Clark at the U.S. Census Bureau.

Allen J. Beck accepted the 2014 Policy Impact Award from AAPOR on behalf of the PREA team at the annual AAPOR conference in Anaheim, Calif. on May 17.

Dr. Beck is also a former recipient of the Attorney General’s Award for his work on PREA.

Visit www.bjs.gov for all BJS PREA-related reports and documents and additional information about BJS’s statistical publications and programs.

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