ACLU Wants Reform of Youth Correctional Facility
Calls Governor's New Appointment "Good First Step"
August 26, 2003
Honolulu - The ACLU of Hawai'i today called Governor Lingle's appointment of a new director of the Hawai'i Youth Correctional Facility (HYCF) a good first step but wants the state to do much more. The appointment was a direct result of a scathing report released to the Governor by the local ACLU.
The 34-page report details systemic problems with the HYCF ranging from overcrowding and lack of adequate medical and mental health care to the policies of discipline and isolation and guard brutality and rape of wards. The ACLU recommended forty-seven (47) steps to take in order to bring the facility into compliance with generally accepted practices in other youth correctional facilities nationwide.
The ACLU issued a redacted version of its report deleting only personally identifying information regarding wards and guards in order to protect the identity of wards and maintain the integrity of the investigation promised by the attorney general's office.
"The appointment is a promising first step. However, there are very serious problems at the facility which must be addressed immediately. The sheer breadth of dysfunction in the facility and the threats faced by wards is alarming. Each day that goes by puts all of the wards' safety and well-being at further risk. We look forward to having the state investigate our claims and to move as quickly as possible to make the needed corrections," said legal director Brent White.
Some of the report's findings and ACLU recommendations:
- Overcrowding. The facility is designed for 30 but were holding 70 boys.
As a result, male wards are housed two or three to each one-person cell and
are forced to sleep on a mattress on the floor next to the toilet. When overcrowding
is particularly bad, up to six (6) wards at a time sleep in the "TV room"
which lacks running water or a toilet. Wards are forced to use a bucket as
a toilet. The level of overcrowding impacts numerous other living conditions.
ACLU recommendation: The facility needs to adopt a population cap. Legislation
needs to be introduced to prohibit the incarceration of juveniles charged
with non-violent offenses. A substantial number are being incarcerated because
of status offenses (truants, runaways).
- Unduly punitive living conditions. Male wards are routinely locked down
in bare cells for up to 18 hours per day. Wards have not been allowed to
have anything in their cells other than the clothes on their backs, bedding
and a Bible. They are not allowed personal hygiene products such as toothpaste
and soap nor pictures and letters from family and friends. ACLU recommendation:
Eliminate punitive conditions and cease immediately the current practice.
At a minimum, wards must be allowed basic toiletries and access to other
reading material and pictures from family.
- Abusive discipline without due process. The facility does not seem to have
any functioning system of positive incentives to manage youth behavior and
instead relies almost solely on discipline such as room confinement and physical
force. This had led to unconstitutionally abusive disciplinary practices.
Guards routinely exercise inappropriate punishment ranging from verbal threats
to physical force. There is a lack of adequate staff training, oversight
and discipline. The facility lacks any kind of due process protections
for wards as required by law. ACLU recommendation: Put positive incentive
programs into place. Cease immediately reliance on room confinement and physical
force as the primary means of control. Cease lockdowns for periods of longer
than 24 hours. Give wards adequate due process before instituting disciplinary
confinement. Cease other humiliating forms of discipline such as leaving
wards naked in the holding cell, denying food, and physical violence.
- Sexual harassment and assault. There is a woeful lack of female guards
for girl wards. This situation has resulted in several sexual assaults against
girls by male staff over the past few years and at least one recent rape.
ACLU recommendation: Immediately place the guards mentioned on administrative
leave and begin proceedings to terminate and/or criminally prosecute them.
- Lack of privacy in girls facility. In addition to sexual harassment and
sexual assault, girls suffer from lack of privacy when getting dressed, sleeping
and using the bathroom. ACLU recommendation: At least one female guard on
duty at all times.
- Lack of exercise and recreation. Wards receive recreation sporadically
and, oftentimes, not for weeks due to inadequate staffing. When recreation
is provided, it usually lasts only 45 minutes. ACLU recommendation: Adopt
policies to ensure sufficient staffing to prevent cancellation of recreation
time.
- Inadequate schooling and lack of access to education. The facility blatantly
violates state and federal laws requiring that they provide adequate schooling
to every ward. Guards deny wards schooling to punish them for misbehavior.
ACLU recommendation: Comply with special education requirements. Stop the
practice of using denial of school as punishment. Provide adequate vocational
opportunities and inform wards of these programs.
- Unreasonable limitations on outside contact including visits, phone calls
and access to legal counsel. The restrictive visitation policies fall far
short of professional and legal standards. Since many wards are estranged
from their families, this often means that they are completely cut off from
the community and have no outside contact at all. ACLU recommendation: Allow
visitation several hours of the day, several days of the week and allow visits
by adult relatives, family friends and siblings. Provide reasonable access
to phone calls, immediately cease mail restrictions on how many letters wards
may write and to whom and cease the practice of reading outgoing ward mail
and making wards "re-write" letters not acceptable to staff.
- Inadequate medical and mental health care. One full-time nurse is inadequate
and, as a result, many wards must wait long periods of time to get assistance
which can be life-threatening for those with chronic health and/or psychiatric
problems. ACLU recommendation: Hire additional medical staff to ensure access
to care.
- Inadequate grievance procedures. The grievance process is completely
defunct. There is unanimous consensus among wards that the grievance process
is futile and that grievances are thrown away or ignored. ACLU recommendation:
Establish functioning system where there is notice to wards and easy and
confidential access.
The report is a result of ACLU interviews with wards and staff on June 3 and July 23, 2003 visits to the facility. The ACLU inspected physical conditions, interviewed the director, and met individually with approximately 70 wards.
Related Information:
Report of Findings and Recommendations on the Hawaii Youth Correctional Facility
ACLU Rejects Union Demand for Release of Juvenile Facility Information
ACLU Calls Union Lawsuit to Stop HYCF Investigation of Guards Harassment
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