Reacting to a report that Ohio must pour tens of millions into juvenile detention centers as a result of federal litigation, CNN on Friday presented an excellent, extended feature on sexual and physical abuse at juvenile lockups, citing incidents in Texas but also many other states. I'd encourage everyone interested in juvie justice to read it.
The news from other states suggests that Texas' problems aren't unique, but also that we've got a long way to go to reach the minimum standards feds are requiring elsewhere.
In Ohio, reported AP, ordered changes resulted from a 2004 lawsuit where the state did not comply with settlement terms, so they're just a little ways down the line from where Texas is now with its federal litigation. The feds sued over TYC's Evins unit, but the federal district judge in the case recently refused to accept the settlement, declaring it had no teeth. The US Department of Justice has sued over abuse at juvie facilities in Arkansas, Georgia, Hawaii, Indiana, Maryland, Mississippi, New Jersey, Oklahoma, Texas, Puerto Rico, and the Northern Mariana Islands.
"In addition to overcrowding and excessive force," said AP, "a report found that guards regularly place children in solitary confinement for inappropriately long periods of time, a practice that "is unconstitutional on its face" and should cease immediately." TYC's Ombudsman has complained about the identical practice in Texas, so here's more evidence the tactic may not pass constitutional muster.
In related news, the Austin Statesman's Mike Ward and Senate Criminal Justice Chairman John Whitmire tag teamed again today for another story proposing TYC's outright abolition. The Governor's new conservator opposes the idea, and House Corrections Chair Jerry Madden told Ward he does not favor "shutting anything down or drastically changing anything until we know what we're replacing it with." Still the headline reads, "Plan to close TYC gathers support." I'm not so sure about that. The main supporters of the plan appear to be Chairman Whitmire and Mike Ward himself.
The irony here: Last year the "Blue Ribbon Panel" appointed by the Governor recommended downsizing TYC and shifting to small regional facilities with a greater emphasis on community corrections. Whitmire and other legislators didn't take the idea seriously. But now that his personal choice to run the agency is out the door, he's ready to defenestrate TYC without blinking an eye.
Don't get me wrong. I think it'd be just fine to further downsize TYC (its inmate population has already been cut in half) if, as the story suggests, the Legislature decided to "piggyback some programs with the Texas Juvenile Probation Commission, which funds county-based treatment programs for youths on probation," and it "would not include any unfunded mandates for counties."
So it's not the idea, per se, but proposing it in a fashion akin to uncorking a flash-bang grenade in a crowded theater. The proposal clearly blind-sided the conservator, and has the potential to harm the agency's all-important recruiting efforts. (Would you go to work for an agency you thought wouldn't exist in a year?) It also reverses the legislative trajectory coming out of 2007, when millions were sunk into upgrading TYC facilities. No one can predict the future, but IMO Mike Ward overstated both the level of support for the plan and the ultimate likelihood that TYC will be "abolished," unless by that you only mean "renamed."
The Joint Select Committee on TYC has scheduled a hearing on April 16, so hopefully then we'll get more significant details about Whitmire's proposal, and a sense of what other legislators think of the idea.
Subscribe to:
Post Comments (Atom)
.jpg)
47 comments:
I agree with your Flash bang theory as you put it. All they did was set off a bomb in TYC.I myself has already begun looking for a new job. I would be stupid not to at this point. Can not wait around to see if I can feed my family and pay my bills. I see tons of staff leaving TYC in the next few weeks or months due to the news of closing down TYC. The kids,will be out of control once they get word of this and they will.
They will believe they are going to be set free! The mindset of employee's will be "I don't have take this crap, I am losing my job anyway". Talk about a mess to come, nothing compared to the last mess.
One other thing, none of these newspapers have said one word on how this decision will impact the people that work at TYC, who are close to retirement,have many years into the system or new hires. Not one word of our welfare in all of this. Shows you that the state does not care about the workers one bit, but they NEVER HAVE GAVE A RATS ASS ABOUT US.
It amazes me that one man and one wannabe (Mike Ward) could create such a mess. Every single time the Statesman calls wanting to sell me a subscription, I decline in the name of Mike Ward. I encourage all of you to do the same.
I just want to encourage you guys to hang on and have faith that this agency will look different, act different, and have a more meaningful purpose in the future. If you react to the mess John Whitmire has created, then you've given him just what he wanted. Don't give him that power and stay on board.
In addition, I will abide by the "respect rule" created by our host and quit referring to John Whitmire as "Elmer." I have a new name for him anyway and it's smelly and not appropriate in the public forum.
Whitsfoe
I know, Whitsfoe, we have that conversation, then THIS comes up, like a fat piñata inviting a bloggerly flame war! I almost didn't post on it for that very reason. :)
"Abolishing" TYC is a catchy way of putting it... but, I share your skepticism about Whitmire's motives.
It's worth noting, yet again, that when TYC was created nearly 60 years ago it was intended to oversee mostly smaller community-based programs and facilities.
And it didn't happen, largely b/c the lege wouldn't pay for it. Retrofitting an entrenched, institutionally driven system costs a lot of money on the front end... the savings come down the road.
Back then, the lege didn't want to pony up that front end money, and the cure was in some ways worse than the disease as a result. TYC became almost solely a youth prison agency, with all the bad features described in the CNN piece. And then Morales happened, and you know the rest.
Gauging Whitmire's comments thus far about saving money, he seems intent on repeating the errors of the 1950s. I don't see any signs of long-term planning here. Maybe I'm wrong; I hope so.
Bill Bush
Get out while the getting is good, TYC will not be around this time next year. Everyone in the Lege is sick of the mess, and most of them read this blog, and know what we think about them.
Senator Whitmire is just being true to himself. From the git-go he has complained about TYC costing too much. He was instrumental 12 years ago in the push to create large institutions, and building those incredibly stupid open-bay dorms - all in the name of saving money.
Prisons are a lot less expensive than rehabilitation facilities for youth. In his view, the 2 percent who fail in the local probation-run programs end up in TYC as throw-away kids who are just to be warehoused until they can move on to the big-boy institutions. He has finally come out and said what has really been on his agenda all along - ditch TYC and house that 2 percent in a "juvenile" division of TDCJ.
Like Whitsfoe, I am trying hard to be polite... Old Salty
Lets try to be honest with all this bologna being spewed by Whitmire. It is true that he had no issues when TYC was being shaped into a Jr. TDCJ with all the new positions that his "Close Friend" Dementia Pope was attempting to run the agency.
Now that she was dumped on her rear, Whit believes TYC should be shut down. I just wish at some point they will have a hearing and someone with balls will step up to the plate and point their finger at Whit and ask him whose decision was it to build these 96 bed dorms that TYC currently has?
Why did he sit on the sideline when one of the most incompetent Directors any State agency had ever seen run or waste the past year placing her flunkies in positions where they were way over their head.
We are actually moving forward after the Pope debacle and Whit just cannot stand the possibility that Mr. Nedelkoff may know what he is doing. This is nothing more than sabatoge, who would want to be the Director or Commissioner at TYC with the possibility of this agency closing (according to Whit), also this crap makes it difficult to recruit JCO's, Case Managers, etc, the guy is a real loser and I would ot waste any time discussing Mike Ward.
"Chuy"
I read with interest your comments on punishment since this has been my opinion for quite a while. There has been little investment in training staff who work with juveniles to take a rehabilitative approach towards their job, and I often observe them yelling at the youth, reacting by taking away privileges, embarassing or dressing them down in front of their peers. How much more difficult is it to think about how to intervene, model appropriate behavior, offer them positive options for handling the situation appropriately?
Mr. Nedelkoff proved again this week that he is a class act who has a deep respect for people.
Grits...... want to know the key to helping a youthful offender actually change their life for the better .... look up Gulfcoast Trades Center.... ofcourse, the kid has to first want a future for himself first. Gulfcoast gives kids the ability to actually get something for themselves. GED, drivers license and a trade. Then they help find the kid work when they are released. Vocational programming is the answer for many kids but certainly not all. The right kids have to be placed in these facilities. Ex : under 16 isn't appropriate and if you get alot of kids that don't care about themselves or their future then they can ruin the whole facility.
I've sent many a kid to residential treatment (placement) over the last 15 years and Gulfcoast has provided the most success but it isn't the answer for every kid by any means.
Substance abuse treatment facilities are the other types of facilities that offer something our delinquent children need.
Punishment placement just doesn't work for the most part except that a kid is removed from the community for a short time (No more victims while they are gone).
The primary problem with removing these kids and trying to "fix" them is that they are coming back to the same place. Same home, school, friends, etc. Matter of time before they fall back into old habits.
I am not trolling. I have a legit question/concern. How is pepper spray being used on other campuses? In what type situations are youth being sprayed?
I know that some youth are still being sprayed simply for not following instructions and I don't think we have support to do that if someone starts asking questions.
Most kids, some with more help than others, can grow out of their problems if you don't do anything to harm them further i.e. sending them back to the same abusive or gang-infested area, subjecting them to emptional abuse in any lock-up, leaving them to defend themself in lock-up with more street-wise kids.
TYC does not work. THere is no question about it. I'm not saying to just abolish it, but we have to face the facts. We have lost any youth that has been housed in TYC for the last (at least) year because everyoen is too busy running around trying to cover their own a%*, pointing the finger or passing the buck and too scared to make a decision. The groups have to be smaller, the youth have to be closer to home, they have to feel safe (not warm and comfortable as home) but basic safety is necessary for change to occur, and they HAVE to be held accountable when they violate clear expectations and they HAVE to be allowed to earn some privileges - if they abuse them or manipulate to get them, they lose them. It's not that difficult, but it cannot be done with 2 staff or sometimes 1 staff trying to manage 30 youth being housed together.
Smaller groups, better ratio's, not closer to home. Once again please look at Al Price and Evins for these closer to home experiments and you will find your answer.
Closer would work if you get build 100 miles away from the Houston area, or the Evins area, it just does not work. I know some of you will jump all over this but we already have proof that it does not work.
I would also venture to say if the State wanted to build these smaller facilities they would appropriate the money and would have already started, they have not with the exception of one being approved to build this year.
Now, why was TYC approved to start the renovations of all of the already build 96 bed dormitories starting this month? Whitmire knows this was approved but he is now making these type of comments. The Ledge approve Millions of dollars to begin this project, does he not care about this wasteful spending if these dorms will never be put to use. He is blowing smoke trying to get a reaction because his girl is no longer running the show.
Yez.... the truth will be revealed this summer if they continue to renovate those 96 bed units.
But then again, they still built Sheffield despite our warnings of a human resources nightmare. And look at it now, gathering dust on an EIGHT MILLION dollar state-off-the-art facility.
Yall just need to chill and quit reacting to John Whitmire and Mike Ward. Try to be patient and remind yourselves of this proven fact: no one has ever lived forever and John Whitmire is a hell'uva lot older than many of us. :)
Whitsfoe
The home environment has to change while the kid is gone. The main problem for kids in TYC is the environment they come from.
To act like the families of TYC kids are so supportive is silly... they're at least half the reason the kids end up there... not always but most the time.
I AGREE with 2:11 wholeheartedly. We cant just send them back home with nothing changing in their past environment. Seen it too many times.
New skills/new attitudes - then we send back to the same schools, gangs, families - who HAVENT changed, and what do you expect? Only a matter of time till they are back at it.
I copied and pasted this post over to this one for two reasons:
1. It's a good idea, and
2. It's the kind of post that exemplifies the creative and thoughtful problem-solving skills that many in TYC have, but haven't been expressed on this blog.
Whoever wrote this, a big wet kiss on the forehead to you. Very well put. - Whitsfoe
"What we need is a medium. We go from "High" restriction programs to virtual freedom - and that includes HWH placements. We have kids that come in, learn and do well early that need to be removed from a high restriction program to a medium restriction program and not have to wait for the mlos to expire. All too often I see kids come in and earn their phases early only to lose them later because they are locked up in a facility that has a very negative peer culture just feeding off one another. We need to move the good kids out earlier and hang on to those Billy Badasses. Take down the fence at certain facilities - CRTC, Crockett, WTSS, and Gainesville and make them medium restriction programs."
Now that's an idea.... it cost a hell'uva lot less to take down a fence than it would to build new facilities. We'd still have a problem with the facilities being remote, but if kids earned the privilege to go home on a weekend or two, what difference does it make? Those of you who have been around a while, do you remember when we used to do this? Ha! We even covered the cost of travel. We've come full circle in 15 years folks!
So whadda ya’ think John Whitmire fans?
I agree that we place them at risk sending them right back in the same neighborhood that they came from. Whats even worse, when we release them, they are required to go back and attend the alternative schools so we are putting them at an even higher risk unless they have their GED and some are too young or not even able to pass the GED
WOW Grits!! This blogstring is so full of good ideas and productive insights. I'm glad the A-holes who have been so radical and mean lately have found something else to do. Great stuff folks!
With regard to kids being placed in alternative education programs upon their release from TYC facilities to parole, that is a BIG time problem in that they are being set up for failure. That sucks - but since we are all comphy sharing information, contact Advocacy Inc. and talk to this dude named Richard. If the kid on your caseload is in special education, he can help. He helped me with this problem. I just can't remember his last name. Just sharing information like a good advocate, and yes, I'm back :) cable and all… thanks to ole’ John – I am forever his - Whitsfoe
I don't believe that all of TYC has a punishment culture.
I also don't disagree with a shift in the mindset to smaller facilities, however there are significant and costly barriers to accomplish this.
If money is Whitmire's concern then what he is preaching does not make any sense.
Ultimately money will have to be spent. Look at the recidivism rates of youth who complete SOTP and C&SVOTP specialized treatment program in Texas and you will see, along with other programs like those at Mendota, that the real savings comes from spending more money to provide more intensive treatment to help with the most troubled/violent youth.
I do believe serving the "general offenders" closer to home will ultimately have positive outcomes, they are just going to not come cheap.
Whitmire needs to figure out what he is selling, and how much it is going to cost him.
I also completely oppose having sentenced offenders and VOA offenders being absorbed by the juvenile department of TDCJ. If anything the juvenile department of TDCJ should be under the purvue of the "new" commission.
Whitsfoe,
I assume you are referencing Richard Lavallo in the Austin office of Advocacy, Inc. on the DAEP issue.
Howard A. Hickman
Whitsfoe his last name is Lavallo, Richard Lavallo.
"Chuy"
That's him - and there's your bean. Richard Lavallo. Special Ed. Advocay Inc.
Whitsfoe
wow. start talking about money and the contractors come with all sorts of good ideas.....FOR A PRICE.
wow, Thank for the information on the Richard Lavallo. This will be helpful. It has always been a concern. Now what do we do for those who are not special ED. Maybe Whitmire can help us with this one??
Gulf Coast Trades Center is a good place for some kids, but not all kids. They don't have a fence to keep in the runners. It would be great if Texas had more private placements like GCTC to handle all of the kids that would benefit from vocational training. I have thought for years that TDCJ would absorb TYC, and it looks like it will finally happen. Of course the lege needs to do it, and the first step will be to automatically send the sentenced offenders to TDCJ. No second and third chances anymore. I would bet that 80% of the SO's were sent to TDCJ anyway, so you might as well send them there to begin with. Judges and juries need to get serious with violent teen criminals and sex offenders.
10:38.
"Judges and juries need to get serious with violent teen criminals and sex offenders."
What state are you in? This is Texas.
Judges and juries are quite serious about locking people up. Texas is the best in the country at that.
You don't know what you are talking about with sending the sentenced offenders directly to TDCJ. Youth who complete the C&SVOTP program have very low recidivism rates.
The youth we send to TDCJ should have such opportunities.
10:38,
Under the old administration, 32% of sentenced offenders went to the Institutional Division of TDCJ from TYC, so your 80% is not a good bet.
Howard A. Hickman
Neither TYC nor the legislature can automatically send SOs to TDCJ. It takes a judge to do that. In most cases, the SOs are the best behaved kids on campus. The problem with mixing them in with other offenders is that in many ways it sets them up. So-called General offenders are not necessarilly non-violent. Assault is a Class A misdemeanor. Some of those highly assaultive General offenders target the SOs because they know that if the SO fights back, he can get sent back to the judge with a recommendation for transfer to TDCJ-ID. Some of the classified violent offenders actually have a much shorter history of delinquency than the so-called General Offenders. The VOs are so classified because of the nature of their particular crime - such as robbery, aggravated assault, assault with a deadly weapon, etc. even if it is the only crime they committed. Many General offenders, on the other hand, have a long history of gang involvement, assaults, car thefts, etc. The terminology can get very confusing. Old Salty
What I see as the biggest long-term problem with TYC has been the "one size fits all", or to be more accurate, the "one program fits all" approach that we have traditionally taken with regards to institutions. There needs to be greater differentiation of programs, based upon the behavior and progress of the youths. Hardcore, highly criminally-minded youths prey upon and corrupt those youth who might be more amenable to rehabilitation.
I like the idea someone posted above about taking down the fences at some of the institutions, along with making them smaller, and (1)creating programs for first-timers and younger youth and (2) programs for youth who are progressing towards release. There also needs to be some kind of pre-release institutions (either small low-medium restriction facilities or half-way houses) near each of the major urban areas. These programs should stress family reintegration where the families are willing and amenable, or independent living preparation for those who do not have approved homes.
I also agree with the posters who are calling for more vocational skills training programs. Kids who have achieved significant vocational skills while in TYC have a much lower recidivism rate than those who have not. Contract programs such as Gulf Coast Trades Center provide an excellent option, especially for youth for whom return home is not an option.
The problems is that strong, innovative programs require a lot of upfront money. The savings are long-term. Politicians get re-elected for providing short-term fixes. John Whitmire is a perfect example of this. He does not now, nor has he ever, wanted to spend much money on TYC youth. There just aren't enough votes in it. I really can't blame him - he is just reflecting the realities of the electorate. Old Salty.
You folks in the ledge reading this, listen to what Old Salty just said... he's emphasizing vocational programs somewhat here.
When kids come out of our facilities with at least a GED in hand and a CATE certificate, they don't have to work at McDonalds or Burger King. They don't have to be clerks at convenience stores. But most importantly, they don't have to deal in drugs to make a mint.
We have some kids coming out of these programs with these certificates that make more than I do in about two years. I'm not kidding either - I've seen it.
One kid of mine took the money he made in a welding trade he learned in TYC, heard about underwater off shore welding, invested his saved money ON HIS OWN, got that certificate, got more experienced in deep water wielding, and is now training others, and get this - he's making twice what I make and tests clean every month. Exxon.
His committing TYC classification? Chronic Substance Abuse Dealer. Go figure. Not only does he make more money than me, his home blows mine away, and we won't even discuss wives. He doesn't have to draw a circle around his to give her a hug like I do.
He's sends me birthday cards every year at the facility. I was his casemanager.
You outside security guys at Gainesville would flip your wig if you know who I was talking about.
There's no somewhat about it. The average IQ of youths in TYC is 80. That is significantly below average. About 80% of the TYC youth have experienced nothing but failure in traditional academic settings. The emphasis for them needs to be on giving them marketable skills. Most importantly, they need to experience success. I'll never forget the little kid who said that he was not good in school, he was not good in sports, but he was the best car thief in his neighborhood. I have seen the vocational teachers work wonders with some of these kids.
There are the two elements TYC needs to achieve with these kids, (1) give them the experience of achieving success at something other than crime, and (2) give them a marketable vocational skill. Old Salty
The average IQ is not 80. Closer to 90 than 80.
Also IQ scores are very misleading, often times underestimates related to language, decreased education, and motivational variabilities.
But yes I agree, motivating youth to take part of available educational and vocational programming is an important task of all TYC staff. Seems there should be more available.
And yes I have thought about the welding career myself.
For those of you who knew Chester Clay, he passed away this week. He had a heart attack. His service will be held in Corsicana on Sat.
Please keep his family in your prayers.
We heard 11:02. May God be with his wife and Chad. We have been in shock all day, and are mourning this loss. But we are trying to keep it off the blog out of respect. - Whitsfoe
I meant no disrepect to him or his family, I am sorry. He was a good man.
I must echo the sentiments regarding Chester. What a shame. He was way too young. I had the opportunity to work with his son, Chad, at Corsicana and he was a fine young man.
Old Salty - Regarding the one size fits all approach, I couldn't agree with you more. Many in TYC upper administration and clinical management also agreed. You can thank the Texas legislature again for much of that problem - when they set benchmarks requiring TYC to fill state-operated beds before using contract beds. In order to have a good variety of special programs, you have to estimate the number of youth needing each and dedicate beds and resources for the program. You also have to be prepared for beds to sit empty if you didn't have enough youth needing that particular program at the time. Apparently that was not considered acceptable. Still I think we could have done more in this regard and my one regret is not getting more opportunity to work on that. I agree with those posters who feel we need more levels of care for different offenders. Of course if juvenile programming moves to the County level, it will be even worse. Except for a few of the largest counties, it won't make sense to provide much specialized programming - the numbers just won't support it.
>Don Brantley
Chester Clay was a very good man and an advocate for the youth in TYC. His premature and untimely death was sad news to say the least among his close friends. My prayers and hopes are for healing of the scar left by Chester’s death in his family and in his many friends. It is too bad Chester was not able to complete the work he had been evolved in, at the federal level, to improve the care of children in the state’s juvenile justice system. Juvenile justice lost a true professional with the death of Chester Clay.
We loved him like a kid loves his dad and Chester loved us like we we were one of his even though we were not. It was unconditional love.
Thanks "Daddy-Oh"... I will miss you. CRTC - 1998. GWB
Does anyone know what the agenda is for next week's legislative hearing (April 16th)?
Yes I do...as follows:
AGENDA:
9:00 a.m. -9:30 a.m. Opening comments by John Whitmire - an opening toast to his recent support to his proposal to Harris County Officials he's recently intimidated to support his proposed closure, or rather "abolishment," of the TYC;
9:30 a.m. - 10:00 a.m. Special guest, Senator Ted Kennedy, who will discuss the savings of Tax Payer Dollars with regard to converting the seized FDLS compound in West Texas and converting it into a state run TYC facility;
10:00 - 10:15 a.m. Senator John Whitmire proposes a toast to US Senator Ted Kennedy, recognizing his career achievement wards, but forgetting the "a" on awards and falling into the platforms of talking about wards of the state;
10:15 - 10:30 - Break
10:30 - 10:45 - longer break needed.
10:45-12:00 - Announcement made that inclement weather is approaching and session to reconvene at 1:00 p.m.
1:00 p.m. - 2:00 p.m. "The Hillary v. Obama Race: Impact on Texas. Brotha' or Motha' - choose one. Open debate.
2:00p.m. to 3:00 p.m. - Ted Kennedy poses a toast and another post ?????
3:00 - 5:00: John Whitmire reveals his budget proposals for Texas; all the while TABC agents raid the Village and take away his wives and his assets. Bartender arrests are imminent, as are the bar maids that escaped West Texas.
It was a dream. Call Whitmire’s office for your details.
End of session.
Counties are and have been busting at the seams when it comes to youth offenders. Why would any rational person believe the counties would take responsibility for all of their youth. Also, if this is the case why has it been over 17 years when TYC last ahd a Halfway House in the Harris County area? Could it be they would rather not have all of the youthful offenders in their backyards, even though TYC has been trying for years to construct one, it has been blocked.
This past session the lesgistlators appropriated millions of dollars to renovate all of the TYC 96 bed dorms that they approved back in 1994. If they wanted to close TYC why would they give this money away, might be hard to get re-elected next time around.
Could the comment by Whitmire be a pre-cursor to the April 16th meeting, if you re-call he wanted more than one facility shut down and Mr. Nedelkoff only closed Sheffield.
What about infrastructure, where will these Counties house 2500 offenders, where will the money come from, session is over. Some of you trolls need to use just a little common sense before you post.
CRTC's programs are being evaluated for closure. The buildings and infrastructure have become very expensive to keep running.
Yeah, let the counties provide treatment for youth with mental health issues... I'm sure that the rural counties will love that! TYC has been a dumping ground for kids with mental health problems, since MHMR is useless in that regard.
Lisa Cooke ( SUPT of McFadden Ranch) was terminated today.
Post a Comment