Left In Alabama

Privatization and the Juvenile Justice System: A Tale of Abuse, Neglect, and Lack of Oversight

by: countrycat

Tue Mar 04, 2008 at 08:18:37 AM CST


While everyone in Alabama is busy debating the Siegelman prosecution, watching the primaries, or just wishing it were football season, the Associated Press has been busy studying the juvenile justice system across the country.

The disturbing results for Alabama's system mirror those from around the country where public safety functions have been outsourced to private industry.  The for-profit entities, like most corporations, exist to enrich their shareholders. The prison/detention system is a particular issue: it's almost impossible to get information about conditions, inmate complaints, and employee training in these private facilities. Either government agencies don't even bother to ask, or, the information is protected as a "trade secret."

What do they have to hide? Quite a bit apparently. Abuse Figures Murky for Juvenile Centers:

According to the survey, more than 13,000 claims of abuse were identified in juvenile correction centers around the country from 2004 through 2007 – a remarkable number, given that there were about 46,000 detainees when the states were surveyed in 2007.

Just 1,343 of those claims of abuse were confirmed by various authorities. Of 1,140 claims of sexual abuse, 143 were confirmed by investigators.

Experts say only a fraction of the allegations are ever confirmed. These are some of the most troubled young people in the country and some will make up stories. But in other cases, the youths are pressured not to report abuse; often, no one believes them anyway. 

It gets worse:

In 2004, the U.S. Justice Department uncovered 2,821 allegations of sexual abuse by juvenile correction staffers. The government study included 194 private facilities, which likely accounts for the higher numbers than the AP found.

Unfortunately, the report on Alabama reflects the national findings. 

countrycat :: Privatization and the Juvenile Justice System: A Tale of Abuse, Neglect, and Lack of Oversight

The March 3 issue of the Huntsville Times discussed the AP's Alabama report:  Records Shoddy on Privately Run Juvenile Lockups.

Call up Alabama's Department of Yourh Services and staff members can tell you fairly quickly how many claims of assault, sexual abuse, and other violations have been made by young people house in the six youth facilities run by the state.

But the same information is not so readily available for the 26 privately –run facilities that the state agency pays to house youthful offenders. Private detention centers hold about half of the agency's juvenile wards, but DYS says it doesn't routinely keep statistics to show what is going on in those lockups.

The information in the article conflicts somewhat with Alabama's information posted on the "State Juvenile Justice Profiles" site:

Alabama has 14 juvenile detention facilities; 12 are classified as secure and 2 as staff secure. Detention centers are primarily administered by the county executive, but the court and private contractors also administer detention in some counties. Counties fund secure detention with some facilities serving regions of the state.

The AP article refers to "six state-run youth centers." If we assume that the AP has the most updated information, does that mean the state is closing state-run facilities and placing juveniles in private facilities that operate with almost no oversight? I couldn't find an answer to that.

Allen Peaton, spokesman for DYS, acknowledged that the lack of information about abuse claims is a "problem" and noted that the state require centers to track and report abuse and assault claims "when new contracts are awarded in October."

Well, since there's no big hurry, there must not be a problem, right? Well. No.

Alabama didn't even begin compiling statistics on the number of deaths while in custody and claims and confirmed cases of physical, sexual, and emotional abuse by staffers until Jan. 1, 2005!

During 2005, there were 67 abuse claims in the six state-run centers. (Note, this number doesn't match the 14 number from the other site.). "That was the only information available" from DYS. In 2006, the state had 3340 juveniles in custody and 1740 held in private facilities.

The potential for abuse is clear, yet the state has displayed an almost breathtaking lack of interest:

"The Justice Department gives us the list that says 'This is what we want information on,' and it's only the DYS-run programs," DYS executive assistant Marcia Calendar said.

So the state grudgingly tracks information – as little as possible – for Federal government, but not for private facilities. Why not? And why doesn't the DOJ require it either?

Any abuse allegations for private facilities are placed not in a central database, but "into victims' paper files." When the AP requested statistics from private facilities, DYS told the reporter to contact each facility individually.

Only 15 of 26 facilities responded.

Those responding said they had received a total of 62 complaints of physical, mental, and sexual abuse in the three-year survey period.

How were they resolved? Was anyone fired? What are the long-term effects on the child? Nobody knows, because no government agency – federal, state, or local – cares enough to check right now.

The problem isn't just reporting. This USA Today article has descriptions so graphic and creepy that you may want to skip over them:

Other abuse is physical, and often sadistic. For boys at the Hawaii Youth Correctional Facility, authority came in the person of 50-year-old Gilbert Hicks, and he wielded that authority emphatically. 

Hicks was convicted of sexual assault in October 2005 after he "grabbed, squeezed and twisted" a boy's testicles, according to a federal lawsuit.

When the boy sought medical attention 10 days later because of pain and swelling, Hicks, who had worked at the facility for 24 years, taunted him by asking: "What, you want me to squeeze your (genitals) again?" Hicks allegedly abused two other boys the same way.

His sentence? Five years probation and 90 days in jail to be served on weekends.

What sets the case apart from many others is the successful conviction. Often such cases come down to the word of a guard against that of a teenager with a long criminal record, the primary reason that so few charges of abuse are confirmed and prosecuted, child advocates say.

----- snip -----

But a 15-year-old girl on suicide watch at Columbia Training School used a toe nail and the sharpened cap off a tube of toothpaste to carve the words "HATE ME" backward in her forearm. The girl also said she was shackled 12 hours a day, and forced to wear leg restraints to classes, meals and other activities.

Another 15-year-old girl who spent time in Columbia told the AP she was twice groped by a male guard. She said she reported the abuse.

"They told me I was lying," she said with tears streaming down her face.

"They told me that I was wrong for reporting it, that I shouldn't have brought it up."

Yes,the system is overcrowded and underfunded, but must it be dangerous for the children as well? We aren't talking about violent teenage predators here! Voices for Alabama's Children, a state child advocacy organization, reports that only 9% of juveniles are detained for violent offenses.

In fact, DYS is so flooded with low risk children that young people who are committed to DYS are often placed on a “waiting list” for admission to state custody.  Waitlisted children may languish for weeks or months in juvenile detention centers, where they are confined in small concrete rooms that look and feel like adult prison cells. 

VAC calls the juvenile detention system the "hidden closet" of the juvenile justice system.

Detention centers are primarily used to confine children who are awaiting trial, but there is nothing childlike about these facilities – they look and feel like high security adult prisons.  Children live in tiny concrete cells with solid or barred doors.  Each cell has a metal commode and sink.  Young people sleep on concrete shelves covered with a thin mattress.  In overcrowded facilities, children sleep on the floor.

And these are state run centers. What goes on in the "hidden closets" of private facilities? Maybe some are better and they have innovative operating and rehabilitation programs.

Or maybe they're just warehouses when non-violent children are held in prison-like conditions – only to emerge as the violent criminals the juvenile system hoped to avoid.

Again, from VAC:

Juvenile detention is not just dead time for children – it may also be the best crime school in the state.  Research indicates that the experience of incarceration is the single greatest predictor for future recidivism.  Children in detention gravitate toward the worst possible role models and often return home even more likely to break the law.

"If you put at-risk kids in detention, you increase the possibility they will re-offend." -- Chief Justice Sue Bell Cobb, Supreme Court of Alabama

The problems the state is willing to look away from now won't go away. They'll just grow up and move into our communities. And if we look away and do nothing, then we're part of the problem too.

Out of sight, out of mind only works as long as you keep the problem locked away. We'll eventually have to deal with it, and shouldn't we get control of this situation now, while we still have a chance to help these kids become responsible adults and not tomorrow's child abusers, burglars, and carjackers?

I'd like to see our state legislators deal with this issue and Congressional representatives too.  It would be a nice change from fist-fights in Montgomery and baseball hearings in DC. 

Tags: , , , , (All Tags)
Print Friendly View Send As Email
Share |
Yes, it's long! (4.00 / 1)
There is so much disturbing and compelling information about this issue, I could have made it twice as long - and still left something out.

I'm not short.  I'm fun size!!

Holy cow! (4.00 / 1)

This is so depressing.  I'm glad these things are coming to light and hopeful that Chief Justice Cobb's goal to reduce incarceration of children will be a step in the right direction.

Sometimes we lose sight of the fact that everything the state does, it does with our resources and in our names. 



Work harder and work smarter!

I think the "closet" description is so apt. (4.00 / 1)

We close the doors and forget about the mess inside.

When someday, it's going to be like Fibber McGee's closet.  Our civil society is going to get knocked out by the results of indifference.

Yes, it makes me feel great that Sue Bell Cobb is on the issue. Think how much more she can do when she has Debra Bell Paseur to help her! 



I'm not short.  I'm fun size!!

[ Parent ]
The Gadsden Times has noticed this issue (4.00 / 1)

Who's minding the kids appears in today's issue:

DYS has a responsibility not just to lock up youthful offenders, but to house them safely and to work during their stay to improve the odds that they won't end up in adult jails or prisons as soon as the appropriate page on the calendar turns.

To do that, the agency has to know what's going on in its own facilities - something that's proven a challenge in at least one facility in the past - and those the state contracts with to hold juvenile offenders.


Work harder and work smarter!

this doesn't have to be (4.00 / 2)

The Norwegian prisons found that it's lack of freedom that people object to. Despite having very humane prisons, people were eager to leave. If you need to track a kid, it seems like a house arrest situation, or an ankle bracelet,  would probably be adequate.

England has private prisons. They also have State Inspectors. If a facility gets bad marks, they simply threaten to jerk the funding and confiscate the facility.

They shape up in a hurry, then.  These companies spend millions building, staffing, and maintaining these facilities. The last thing they want is to have it taken away. 

People also sleep on the floor in county lockups, and in some prisons as well.  

We can watch seals swim under the Arctic ice. We can watch a star burn out. We can look through building walls. We can hear conversations thousands of miles away.

We can't look after a 14 year old? 



When in doubt tell the truth. It will confound your enemies and astound your friends.---Mark Twain


Oversight is key, you're exactly right! (4.00 / 1)

If the private facilities know that someone is watching and they'll lose their contracts if they don't do the job properly, then the system works - at least at a bare minimum level.

But if there's no oversight and no reporting requirements, then the incentive is there to cut corners and use the place as a cash cow for the corporation.

We all know, though, that oversight is a dirty word in the Bush Administration.  Never mind that President Goober himself would have probably ended up in one of these facilities were it not for his family connections and money. 

For more horrifying tales of private prisons and detention facilities, check out this New Yorker article.  I had just finished reading it this weekend.  Then, this AP report sent me over the edge in outrage.

The Lost Children: Immigrant Families in Detention 

Hutto is one of two immigrant-detention facilities in America that house families—the other is in Berks County, Pennsylvania—and is the only one owned and run by a private prison company. The detention of immigrants is the fastest-growing form of incarceration in this country, and, with the support of the Bush Administration, it is becoming a lucrative business.

The article notes that many of these people were not illegal immigrants.  The family quoted in these excerpts were refugees from Iran seeking political aslyum! 

Families were placed in former inmate cells. Each cell had a twin bed or a bunk bed with a thin mattress, a small metal or porcelain sink, and an exposed toilet. Generally, mothers and very young children stayed together in one cell, fathers in a separate cell, and older children in another. Husbands and wives were not allowed to visit each other’s cells. Masomeh told me, “For three days, Majid had a fever, and I wasn’t allowed to go to in and ask, ‘How are you?’ ”

 The living conditions were bad enough that the employees complained to the company and asked the community for help.

Children were regularly woken up at night by guards shining lights into their cells. They were roused each morning at five-thirty. Kids were not allowed to have stuffed animals, crayons, pencils, or pens in their cells. And they were not allowed to take the pictures they had made back to their cells and hang them up. When Hutto opened as an immigration-detention center, children attended school there only one hour a day. Detainees, including children, wore green or blue prison-issue scrubs.

In November, 2006, Krista Gregory, who lives in Austin and works with church groups there, got a call from a couple of Hutto employees who, she says, were unhappy about the lack of supplies for child detainees. Gregory arranged for local churches to donate toys, baby blankets, and Bibles.

 Welcome to America, folks!

Finally, everyone's favorite organization, the ACLU filed suit.  And even the GOP judge was horrified.

U.S. District Court Judge Sam Sparks, a sixty-eight-year-old lifelong Texan, presided over the A.C.L.U. case. He is not a typical Austin liberal. He is the grandson and great-grandson of county sheriffs, and was appointed to the federal bench by George H. W. Bush. At the first hearing about Hutto, on March 20, 2007, he sounded irascible. More than once, he made the point that the immigrants housed at Hutto had intentionally broken U.S. laws by coming here without a visa.

He admonished Gupta, the lead A.C.L.U. attorney, “Take the cotton out of your ears.” Yet, as Judge Sparks listened to testimony, he grew increasingly critical of the government. When he learned that children were required to be in the room even when their parents were sharing brutal stories with lawyers, he snapped at the government’s attorney, Victor Lawrence, saying that the rule “best not apply tomorrow.” Lawrence assured him that improvements had been made at Hutto, and would continue to be made.

Sparks responded, “Why did there have to be changes in the first place? I mean, this is detention. This isn’t the penitentiary. Even in the penitentiary, the lawyers can see their clients one-on-one, and do not have to speak in front of children!” Lawrence said, “Your Honor, you know, part of this is the novelty of the facility itself. It’s a family detention center.” Sparks replied, “That’s right. And the government didn’t see fit to issue any regulations. The government hadn’t seen fit to go back into the Flores settlement for modification.”

 Read the whole article.  It will make your hair stand on end.



I'm not short.  I'm fun size!!

[ Parent ]
PREMIUM AD

blog advertising is good for you

Go to Left in Alabama's Flickr Photostream!



Candidates
Alabama Democratic Party

Governor:
Ron Sparks
Lt. Governor:
Jim Folsom, Jr.
U.S. Senate:
William G. Barnes
Congress, AL-02:
Bobby Bright
Congress, AL-05:
Steve Raby
Congress, AL-07:
Terri Sewell
Alabama Attorney General:
James Anderson
Alabama State Auditor:
Miranda K. Joseph
Public Service Commission:
Susan Parker, PSC Place 2
Alabama House of Rep.:
Nathaniel Ledbetter, HD24
Virginia Sweet, HD43
Patricia Todd, HD54
Susan Pace Hamill, HD63
Joe Hubbard, HD73
Alabama Senate:
Tammy Irons, SD1
Greg Varner, SD13
Alabama Supreme Court:
Rhonda Chambers, Pl. 1
Tom Edwards, Pl. 2
Mac Parsons, Pl. 3

SEARCH




Advanced Search



A community blog for progressive politics, ideas and current events in Alabama. Register now to join the conversation.


Friend and Follow Left In Alabama:

Join LIA's Facebook Page Go To LIA's Twitter Page

MENU
- Mobile

Make a New Account

Username:

Password:



Forget your username or password?


Contact us:




Please take our Blog Reader Project survey.

Support Left in Alabama with a Donation!

Your Amazon purchases can help fund this blog:
Support Left in Alabama


STANDARD ADS

T.H.E. Social Work Agency
Adoption home studies & care management services in the North Alabama area.
Licensed, certified, caring social workers.

Democracy Interactive
blog advertising is good for you


Arise Daily News
ALABAMA BLOGS
Alabama Moderate
Alabama Democratic Party Blog
Beitel Blog
Bessemer Opinions
Birmingham Blues
Birmingham Science Examiner
Blue Dots in Alabama
Blue Jean Journalists
Doc's Political Parlor
Fishbowl America
freeThinkBham
Greg Varner's blog
The Haze Filter
Hard Boiled Dreams of the World
King Cockfight
Legal Schnauzer
Loretta Nall
New England Sketches
OsborneInk
Peace Takes Courage
The Peanut Butter and Jelly Chronicles
Pippa Abston's Blog
Rancho Spenardo
Reasonable Words
Red State Diaries
Scottsboro Stories
The Snake Pit
The World Around You
Thomason Tracts
Toxic Culture
Thoughts & Rants of an Independent
Time is Spherical, Not Linear
Watch for Snakes n ~~Scottsboro~~
WriteChic Press

ALABAMA RESOURCES
ACLU of Alabama
Alabama Arise
Alabama Citizens for Constitutional Reform
Alabama Conservationist
Alabama Democratic Conference
Alabama Democratic Party
Alabama Federation of Democratic Women
Alabama Hotline
Alabama Legislature
Alabama Poverty Project
Alabama Secretary of State's Office
Blue River Democrats
Encyclopedia of Alabama
Equality Alabama
Greater Birmingham Ministries
Initiative and Referendum
League of Women Voters of Alabama
Madison County Democrats
Madison County Democratic Women
Marshall County Democrats
Over the Mountain Democrats
Rocket City Democrats

SOUTHERN BLOGS
Blue Oklahoma
Burnt Orange Report
Daily Kingfish
Facing South
From a Buick
KnoxViews
Media Gadfly
The Old Black Church
Pine Belt Progressive
Progressive Electorate
plezWorld
Tondee's Tavern
West Virginia Blue

BLOGROLL
African American Political Pundit
AmericaBlog
An Examination of Free Will
Bartcop
Bitch Ph.D.
Blog for Rural America
Blogs United
Balloon Juice
Blue Gal
Booman Tribune
Chris Mooney
Corrente
Crooks and Liars
Daily Diatribes
Daily Kos
Docudharma
EENR Blog
Eschaton
Firedoglake
First Draft
FiveThirtyEight
Gun Toting Liberal
Hullabaloo
Jack and Jill
Juan Cole
La Vida Locavore
The Left Coaster
The Mississippifarian
MyDD
My Left Wing
NASA Watch
Notion's Capital
Oliver Willis
Open Left
Orcinus
Paul Krugman
Plush Life
Political Cortex
Riverbend
Scoobie Davis
Senate Guru
Spocko's Brain
Swing State Project
Suburban Guerilla
Talk To Action
Talking Points Memo
The Airport Report
The Field Negro
The Oil Drum
Think Progress
US Politics News


RESOURCES
2010 racetracker
Anzalone Liszt Research
Center for American Progress
FEC Electronic Report Retrieval
Follow the Money
In Their Boots
New Organizing Institute
Opensecrets
Pew Research Center
Pollster
Progressive States Network
Stateline
CONSERVATIVES
Jon Swift
Flashpoint
Right in Alabama

Subscribe

 Subscribe in a reader

Subscribe in NewsGator Online

Add to Excite MIX

Subscribe in FeedLounge

Subscribe in Bloglines

Add to My AOL

Add Left In Alabama - Front Page to Newsburst from CNET News.com

Add to Google Reader or Homepage

Powered by FeedBurner

Add to Technorati Favorites


Powered by: SoapBlox