Kiss the evening sky and say bye, bye bye,As is usual, the drumbeat of bad news about the Texas Youth Commission failed to cease just because of I was away from the blog for a few days.
Tomorrow knows no sorrow like today,
And should it come to pass the day's no better than the last,
We'll live it best we can, anyway.- Terry Hendrix, "Hey Now," The Art of Removing Wallpaper
Civil lawsuit filed against GEO Group for alleged Coke County abuses
The Brooklyn-based blog JuvieNation brings the word that:
Seven inmates who were held at the Coke County Juvenile Justice Center have filed a federal civil rights suit against the GEO Group, the AP reports. The Texas Youth Commission facility, which was handed over to the private prison behemoth GEO Group in 2003, was abruptly shut down in October after a surprise TYC audit found “unsafe conditions” at the facility. ...
According to the AP, the inmates allege “they were mentally, physically and sexually abused in 2006 and early 2007 by David Andrew Lewis, 24, who worked the night shift until he was fired in March.” Lewis, a registered sex offender, was dismissed after TYC officials learned he was on the public sex offender registry. Lewis claims he divulged his sex offender status when he applied for the position. A GEO spokesman had no comment.
Howard Witt at the Chicago Tribune brings news that a former JCO already accused of sexually molesting several youth has been indicted for allegedly assaulting a mentally disturbed girl at the Ron Jackson unit in Brownwood. However, "youth prison authorities have declined to grant clemency to the girl." The Paris News has more, including news that the Governor's office is reconsidering the case as of Friday. This girl was the same young arsonist whose story was paired by Witt in a feature last spring with Shaquanda Cotton, who was released after a much-celebrated media circus.
Though originally the story was framed to portray Cotton receiving a comparatively raw deal, possibly based on race, as Witt has followed up the story has shifted, demonstrating that the travails of the mentally ill in Texas youth prisons create their own types of discrimination and their own horror stories.
The question of clemency for this one girl, however compelling her individual case, symbolizes the plight of many more mentally ill youth in TYC, just like the adult prison system has become the de facto treatment of last resort (and sometimes first resort) for many mentally ill Texans. Hopefully this case will inspire not just new attention to the needs of this one teenager, but to the staggering human and monetary costs of underinvesting in mental health treatment before people wind up in prison. Particularly in the wake of draconian budget cuts in 2003, but really throughout its history, Texas has failed to provide sufficient mental health treatment in community settings, and instead simply criminalizes anti-social behaviors, somehow expecting punishment to send a rational message to an irrational mind.
NY Times: Feds should sue over "Spray First" force policy
Meanwhile, the New York Times published yet another staff editorial last week ("Harsh Treatment of Youthful Offenders," Dec. 8) criticizing TYC's proposed "Spray First" policy requiring officers to use pepper spray before manual restraints. The editorial follows a recent public hearing and a public policy report criticizing the practice from the Texas Criminal Justice Coalition. The Times suggested that if TYC enacts the new policy, the US Department of Justice should sue the agency and take matters into their own hands:
Reader Poll on Future of TYCIn a worrying sign that the right lessons have not been learned, the commission’s new leadership is proposing a rule change so it can make more frequent use of pepper spray against unruly detainees. Juvenile justice experts, the federal courts and the Justice Department have all condemned excessive use of pepper spray.
Pepper spray is a caustic substance that produces burning and respiratory distress and can also cause nerve damage. In addition to being inhumane, the policy is counterproductive. It undermines institutional discipline, further angering and alienating young detainees.
The agency claims that the new policy is necessary to help understaffed institutions maintain control. It also insists that the spray will be judiciously used. In a lawsuit filed earlier this year, however, Texas child welfare advocates charged that the system was using pepper spray excessively, including on mentally ill detainees who were supposed to be exempted. Among the cases cited in court documents was that of a mentally ill 15-year-old who was said to have been sprayed three times while attempting to harm himself.
These accounts are reminiscent of the heart-wrenching cases in Los Angeles County, Calif., where authorities were called to account for pepper-spraying pregnant girls, suicidal youth and detainees whom doctors had ordered exempted because of respiratory problems. Faced with the threat of a federal lawsuit, Los Angeles County reformed its disciplinary practices. According to a recent analysis by the Washington-based Center for Children’s Law and Policy, the county achieved its improvements by retraining its staff, improving mental health services and embracing less violent systems of crisis management.
Texas needs to follow the same course. If it will not, the Justice Department should ensure that it does.
At this point, given that TYC continues to insist on ignoring expert advice and plowing ahead with its pepper spray policy, not to mention driving away its core staff in droves, a DoJ lawsuit seems like a likely possible outcome; in fact, maybe it should have been one of the options on last week's reader poll, which posed the question:
Which will happen first at the Texas Youth Commission?The third of readers (150 voted, in addition to 106 comments on the post posing the question so far) who thought that more facility closures will be announced are probably betting with the odds - with staffing so low and the agency underbudgeted for the biennium, it's hard to imagine how the trends that would force further downsizing can be reversed without an infusion of both money and more importantly competent leadership. At the moment, neither appear to be forthcoming.
- The National Guard or state police are called in to guard TYC facilities because they're shortstaffed (9%)
- Acting Executive Director Dimitria Pope is relieved of her position (22%)
- A new conservator is appointed (11%)
- TYC announces more facility closures (34%)
- The 81st (2009) Texas Legislature convenes (22%)
As for replacing Acting Executive Director Dimitria Pope, the 22% who thought she'd be removed next probably were engaging in wishful thinking. Supposedly candidates being asked to become TYC's next "conservator" have been told that Ms. Pope is a mandatory part of the package, a requirement that convinced a couple of good possible choices to turn the Governor down for the job.
Most readers don't appear to think that staffing problems would come to a head - only 9% thought outside agencies would have to be called in for emergency staffing of youth prisons. But readers were similarly pessimistic that a new conservator would be found who is willing to take the thankless job, with only 11% thinking a new conservator is coming soon, despite evidence the Guv's folks are prowling for candidates.
That pessimism may be well-founded if it's true the TDCJ transplants currently running TYC have been declared untouchable. Who would take the job under the condition that the people who've nearly wrecked the place and alienated most of their staff all must keep their jobs?
In any event, 22% of readers voted with me on this one, that the 81st Legislature occurs before any of those things. In other words, what will happen? Probably the worst possible outcome: Nothing. Things will just stay really screwed up, the people in charge won't be held accountable, legislators running for re-election will tell their constituents the agency is "fixed," and 2009 will roll around with little having changed from the status quo.
I hate to encourage such pessimism, but I fear state leaders have missed their most important opportunity to reform the agency, and that the malaise that's set in may become semi-permanent. After all, it's easier to do nothing than make any of the bold moves that would actually be required to pull the agency out of this quagmire.
Should the DoJ get involved? Probably. At this point I don't think they could mess things up any worse.
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30 comments:
The only reason Cotton was released was the simple fact that She is Black,,,This Girl is White. I read the news articles on the Cotton Case and everyone including the Gov. backed down to the fact that She had old Al. Sharpton and the Black Panthers involved. Should She have gotten released ??? No She needed to finish Her Sentence She was convicted as was this other Girl...
It should come as no surprise to anyone that the Goodhair won't give up the Pope even if doing so could save TYC. It has long been a personal opinion that the State of Texas (Goodhair, the Lege, the agency)has a serious aversion to admitting that it has made a terrible mistake in putting Pope in charge of TYC. If the Pope were to be dumped that would mean that Goodhair, Kimbrough, Owens, Whitmire, Hinojosa, et al would have to take responsibility for this monumental screw up. Lord knows we can't have that, now can we? All Dementia and her toadie, the Humpster have done is create a new prison class from what was supposed to be the future of Texas. More and more the feeling is growing that the only possible hope for TYC and Texas is that the DOJ will get off its collective arse take over the agency. They don't have to listen to the Guv's rediculous stipulation that the Pope is untouchable. Since the current regime has rendered itself impotent, it's time for the Feds to step. Maybe we can still salvage TYC...and maybe it's already beyond salvage. The beat goes on.....
is there a posting for the job of conservator? I will give it a shot!! What am i going to do, mess it up worse? not likely.
Whitmire wants Pope, so Pope stays. It is that simple. Goodhair is not strong enough to stand up to the Dean. This thing all started as a way for Dean Whitmire to get Goodhair backed in a corner. He has succeeded. The kids call it "punking." Whitmire has punked ole Goodhair big time!
I'll bet the old Dean is giggling in his whiskey! He will win re-election in a landslide, and Goodhair will sink into oblivion.
"Grits" poll of readers of what will happen next at TYC was interesting. The conclusion appears to be that TYC may close some facilities because of understaffing, but nothing much else will change--not their pepper spray policy nor the problematic executive director, Dimitria Pope, now apparenlty responsible for so much miserable, not anything. Unless, of course, the U.S. Department of Justice intervenes. The problem there is that George Bush's Justice Department under former Attorney General Alberto Gonzalez downgraded the priority of traditional civil rights issues such as race, handicap, abuse in children's prisons, etc. in favor of strong advocacy for Christian religious groups issues. For instance, a church denied the right to build a church because of zoning restrictions gets prompt intervention from Justice, whereas the abuse of the mentally ill by pepper spray at TYC gets the once over. It would be nice if the Rev. Al Sharpton, Martin Luther King III, Sen. Ted Kennedy and other advocates for civil rights would come to Texas and march on the TYC Central Office in Austin. From what "Grits" is saying, we shouldn't count on "wishful thinking" like Dimitria Pope being dimissed, and certainly not on help from national advocacy groups. Sadly, I think "Grits" is right about things at TYC not changing very much at all.
It's not going to change unless TDCJ goes. It's that simple. We all fear they're going to roll us during sunset - just like they've been trying to do for years - right under TDCJ.
Defeat Whitmire, Houston.
I would like for someone (Scott) to ask why Humpster can defy a court order, intimidate staff by moving them when they do not violate youths rights by due process, and still stayed employed. I was under the impression that TYC went under conservatorsship because the staff were not speaking up? Now when we do we become targets.
Bronco stays because he and Pope are doing exactly what Whitmire wants them to do. The Governor is not going to make a move against Whitmire. He tried with Jayboy, but Whitmire turned immediately let Jayboy know who was really running things. The governor is weak and powerless, and Whitmire has him by the short hairs.
10:13 I can stay because I did nothing wrong. You got moved because of policy. A policy that existed long before I got here and one that this new administration will use.
10:22 Short hairs my azz. He got the guv bent over..... :)
10:23 are you implying that the staff who were moved did something wrong? If so how would you know this unless of course you are the Hump?
The 7 inmates who are suing GEO are they also suing TYC? TYC was the provider of oversight and monitoring were they not. The grievances the youth filed over the years were sent to a TYC Youth Care Investigator. I was just curious if the attorney included this?
The lawsuit can be found at http://www.texasjustice.org/geo1.pdf
Bronco is correct - moving Assistant Supts is not anything new. The reason for moving them... that is, perhaps, another story.
The lege is finally coming to life to solve the crisis in Texas. The committees have prioritized the problems and are actively speeding toward solutions!
First on their agenda: NFL Network and the major cable company(s) operating in Texas. The folks in Austin couldn't watch the Cowboys football game at home on their cable TV; In less than a month a committee is listening to Jerry Jones explain what NFL Owners want.
The committee hearing room was packed with Cable Company employees wearing red shirts (or at the very least, friends of the cable company).
Any bets on which committee( TYC issues or NFL Network issues)resolves ANY of their issues first?
GFB readers/TYC employees/concerned citizens obviously have a lower priority than televised football games. How sad!
Retired 2004
When will you all get tuckered out talkin all this horsemess. Look folks, if you want to straighten the mess our fine state as got itself into there is only one solution. One good ole boy said it very clear, wipe the slate and the state clean of career politicians, run the SOB's out of town next election and start over.
Some people have gotten to powerful to be able to run anything or anymore in this state.
this mess is at the point, and then some that we can smell it up here Juarez.
Moving Asst. Supt. against their will is something new. The Agency just started doing this when TDCJ transplants took over. The policy referred to is poorly written and the old Administration never moved an Asst. unless the move was agreed upon. TYC and this policy will eventually be put to the test in Court. This is just another form of constructive discharge being used by the poor leaders in Central Office these days. Move them until you find a place they won't or can't go, so they will leave TYC. Pitiful leadership will be the downfall of what was once a great Agency.
Every time I read about the issues and debate on pepper spray and tasers, one word screams through my mind - LAZY.
...to physically exert themselves in doing their jobs?! Are you sure that was in the job description....?
12:37 - I hate to be in the position of defending, or even seeming to be defending Mr. Humphrey's moves, but I was told by an assistant superintendent over 15 years ago that when one accepts the position of either assistant supt. or supt., the understanding is that you can be moved at any time, for any reason, for the good of the agency. So, it is a long-standing policy. The diffence is that the policy was rarely invoked, and Mr. Humphrey is using it as a punitive measure. Old Salty
That lawsuit makes for some interesting reading. I did some lunch-time research on the plaintiffs - very interesting. This is sounding to me very much like when the lawyers piled on on the Catholic church. There were some very real cases, but there was also a lot of profiteering from lawyers of people who imagined their victimization. (I'm not a Catholic, by the way; and I do not mean to minimize, in any way, the very real suffering of those who were victims of abuse - it's just that there is a certain class of lawyers who are like sharks who smell blood in the water.) Old Salty
Old Salty,
I fully expected you to agree with the Humpster. My point is that the policy is vague and although that may have been the understanding of that Asst. Supt., it has not been the practice until recently, and it will be taken up in Court. Who knows, maybe you will get a chance to be in the courtroom.
7:31 - Believe what you want. If you think I am a supporter of Bronco just because I said he was right on one point, you have obviously not read most of my posts. You obviously did not read my disclaimer at the beginning of the post. Note also, that I did not endorse his use of the policy. Old Salty
Salty,
You are going off what you were told. Do you believe everything you hear? One's actions in the past show one's true loyalties.
9:20 - what is that supposed to mean? "Ones actions in the past..."
You obviously don't know me. And the assistant supt that told me about the unwritten policy on transfers 15 or so years ago, got transfered. I know of two others who got transferred similarly. As far as I know, they were not punitive transfers, though, since all three eventually got promoted.
Any student of history can tell you that tyrants often dig up old, seldom used laws, customs and policies to justify their unjust actions. I think that is what Billy did. I am angry about that. I know Jeff very well, and I know that he stood up to Billy, and bingo - he is moved to Vernon. No matter that his wife, a former TYC employee, had just started nursing school and they have young children in school. Disagree with these folks and they will find a policy to deal with you.
Now, if you can read support for this regime in what I have just written, then your anger has really gotten the best of you. Old Salty
Old Salty,
No anger here, we all know you ride the fence. It's what you've done best throughout your career.
One of the things that has amazed and impressed me over the years is the number of people of faith who work for TYC. Protestants, Catholics, Jews and Muslims who see what they do as more of a ministry than a job. These are people who do not agree on the particulars of their faith, but who approach their work as a calling. There are a lot of such folks still working for TYC.
Some of us have said some ugly things about each other and about our current and past administrators. I have been guilty of that. So for myself, and for all those who claim to be people of faith, we need to start living by our faith. The kids are still with us, and they still need our help. I read Psalm 37 this morning and it was helpful to me, perhaps it will be helpful to some of the rest of you. Old Salty
Old Salty,
That may be the wisest thing I've heard from you in a long time. God Bless you, you are in my prayers.
Sincerely,
7:31, 9:20, and 7:10
Thank you. If you are in a praying mood, please pray for TYC and especially for the kids and the staff who work directly with them. I am not responding facetiously, I am serious. O/S
I do every day.
You all need to read the Dallas Morning News. Today's edition has an article quoting Ms. Pope that, once again, shows her ignorance. When is the lege going to say enough is enough???
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