Feds probe
isle youth prison

The investigation comes a year
after the ACLU found teens were
kept in adverse conditions

The U.S. Department of Justice has started a civil rights investigation of the state's troubled youth prison in Kailua, state officials confirmed yesterday.

"In conducting the investigation, we are obliged to determine whether there are systemic violations of the Constitution or laws of the United States in the conditions at the facility," said a letter that Gov. Linda Lingle received last week. "Our investigation will focus on protecting residents from harm."

"We believe that you and other state officials want to operate the Hawaii Youth Correctional Facility consistent with the requirements of the Constitution and federal law," it said.

The agency did not disclose what prompted the investigation, but said if it finds violations, it will give the state "detailed, written findings and identify the minimum measures we believe are necessary to remedy the violation" and see what financial, technical or other federal assistance is available to help the state correct deficiencies.

The federal investigation comes a year after the American Civil Liberties Union, in cooperation with the Lingle administration, inspected the Hawaii Youth Correctional Center in the summer of 2003, resulting in the report of the rape of a female inmate and allegations that teenagers were kept in crowded, unsanitary and brutal conditions.

"The fact that the federal Department of Justice has determined that it is appropriate to launch a formal investigation into conditions at HYCF establishes that there are serious concerns about the facility," said Lois Perrin, ACLU-Hawaii legal director.

She said the ACLU did not request a federal investigation, but has provided information to the Justice Department.

In response to Assistant Attorney General Alexander Acosta's letter notifying the state of the probe, Lingle said the state "is committed to fully cooperate with you in your investigation, and in providing any resources necessary."

However, she noted that her administration has been working to make improvements at HYCF under the guidance of First Deputy Attorney General Richard Bissen.

"If you do find problems and/or violations at the facility, we look forward to working with you to try to resolve them in a way that does not involve federal court litigation," Lingle wrote.

The ACLU's 34-page report to Lingle last August said some male inmates were left naked in a holding cell, denied food and subjected to "physical violence." The report claimed "a pattern of egregious conduct and conditions at (the youth facility) that violate minimum professional and constitutional standards."

The ACLU complained in June to the state administration that after last year's investigation, follow-up visits and interviews with inmates indicated the problems persisted.

Bissen pledged cooperation.

"I'd rather there not be a federal investigation, but no one knows precisely what initiated this," he said.

He outlined the administration's efforts to improve conditions.

"We've focused on reducing the population," he said. "It was in the 90s a year ago and in the 50s now. We have new policies in place. We have worked some things out with the union, including gender posting, meaning we use female guards for female wards.

"We've changed policies on phone calls, on visitations and having items in the cells. We've hired a new administrator who has a different perspective on the treatment of the wards," including seeking alternatives to incarceration, Bissen said.

Bissen said the federal investigators have not yet notified the state about when they will start visiting the facility.

The state announced last week it was working to move all girls out of the youth prison.

The Office of Youth Services started by transferring four girls from the facility to neighbor island group homes, where they will be enrolled in rehabilitative programs.

Bissen said once the girls' unit is empty, it will be available for male wards and could see an end to double-bunking wards.

"We're close to where we can move short-term boys to what used to be the girls' facility," he said. "It's an exciting step for us because no one in the system can remember a time with just one ward in a cell. We hope to accomplish that before the federal investigators get here."