Page:United States Statutes at Large Volume 94 Part 1.djvu/399

 PUBLIC LAW 96-247—MAY 23, 1980

94 STAT. 349

Public Law 96-247 96th Congress An Act To authorize actions for redress in cases involving deiirivations of rights of institutionalized persons secured or protected by the Constitution or laws of the United States.

May 23, 1980 [H.R. 10]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be civil Rights of cited as the "Civil Rights of Institutionalized Persons Act". p"e?sonsXt SEC. 2. DEFINITIONS. 42 USC 199^ note. As used in this Act— 42 USC 1997. (1) The term "institution" means any facility or institution— (A) which is owned, operated, or managed by, or provides services on behalf of any State or political subdivision of a State; and (B) which is— (i) for persons who are mentally ill, disabled, or retarded, or chronically ill or handicapped; (ii) a jail, prison, or other correctional facility; (iii) a pretrial detention facility; (iv) for juveniles— (I) held awaiting trial; (II) residing in such facility or institution for purposes of receiving care or treatment; or (III) residing for any State purpose in such facility or institution (other than a residential facility providing only elementary or secondary education that is not an institution in which reside juveniles who are abjudicated delinquent, in need of supervision, neglected, placed in State custody, mentally ill or disabled, mentally retarded, or chronically ill or handicapped); or (v) providing skilled nursing, intermediate or long-term care, or custodial or residential care. (2) Privately owned and operated facilities shall not be deemed "institutions" under this Act if— (A) the licensing of such facility by the State constitutes the sole nexus between such facility and such State; (B) the receipt by such facility, on behalf of persons residing in such facility, of payments under title XVI, XVIH, or under a f use i38i, State plan approved under title XIX, of the Social Security Act, 42 USC 1396. H^f^^^ constitutes the sole nexus between such facility and such State; or (C) the licensing of such facility by the State, and the receipt by such facility, on behalf of persons residing in such facility, of payments under title XVI, XVIII, or under a State plan approved under title XIX, of the Social Security Act, constitutes the sole nexus between such facility and such State; (3) The term "person" means an individual, a trust or estate, a partnership, an association, or a corporation;

�