Legislative Activity

04/23/04 Angry counties face juvenile-lockup tab
Rene Stutzman, Orlando Sentinel

Will Florida's counties finally pay attention to the waste that has been occurring with the overuse of juvenile detention?

The Florida Legislature will likely shift the cost of operating the state's 25 juvenile-detention facilities to Florida's counties. Rep. Sandra Adams, R-Orlando said that the change could be for the best if county officials get involved in running the facilities. The Orlando Sentinel reported recently that the Florida Department of Juvenile Justice is one of the most prolific child abusers in the state.

04/13/04 House panel wants abuse facts
Rene Stutzman, Orlando Sentinel

Committee member Rep. Mitch Needelman, R-Melbourne, blames "a culture problem" at the agency that "allows kids to die." He said Monday that he intends to ask the Florida Department of Law Enforcement to investigate agency managers for possible criminal wrongdoing. "I don't think sitting behind a desk in a suit in Tallahassee should exempt anybody from criminal charges," Needelman said.

04/14/04 Bush says committee welcome to look at DJJ
Staff and News Services, Tallahassee Democrat

Gov. Jeb Bush said Tuesday that he would welcome a renewed legislative inquiry into the Department of Juvenile Justice's treatment of young offenders.

03/31/04 Juvenile justice inquiry widens to include workers who have been harassed
Mark Hollis, Sun-Sentinel

Legislators will ask the Florida Department of Law Enforcement and South Florida prosecutors to look into possible criminal violations stemming from testimony that juvenile justice employees gave earlier this month.

"If [employees] tell us the truth, they shouldn't have to fear for their jobs," Barreiro said.

Senate Bill SB 2564 Costs of detention centers to be shifted from state to counties?

If the counties have to pay, maybe they will pay more attention to the ludicrous reasons that many kids end up in detention! But, it appears that a bureaucratic nightmare exists in the method of calculation of who pays for what, depending on if the child is a residence of the county or whether the child has been adjudicated or not.

GENERAL BILL by Appropriations and Crist Juvenile

Detention: provides that it is policy of state that state & counties have joint obligation to financially support detention care provided for juveniles; requires Juvenile Justice Dept. to develop methodology for determining amount to be paid by such counties; requires Chief Financial Officer to withhold funds if county fails to remit required amount to department; provides that act fulfills important state interest, etc. Creates 985.2155. Effective Date: 10/01/2004

 

03/29/04 Tragedies spark overhaul of juvenile justice department
Ron Hurtibise, Daytona News-Journal

Shaken by preventable deaths, scathing grand jury reports, and shocking revelations by employees, the state Department of Juvenile Justice faces a sweeping overhaul. The goal: to eliminate what one legislator called "a deep-seated culture that doesn't really put kids first."

Children's rights advocate Cathy Corry, who testified before the committee last fall, said she was cautiously optimistic that Bush and Denman are serious about changes. "I'm ecstatic, but I realize it's not going to change overnight," she said.

03/16/04 More money urged for DJJ
Gary Fineout, Miami Herald

Gov. Jeb Bush suggests using a $1.1 billion budget windfall to build schools, buy conservation land and to hire more employees at the Department of Juvenile Justice.

''The Omar Paisley case illustrated a need for several improvements,'' said Jacob DiPietre, a spokesman for Bush. The governor asked lawmakers Monday to spend an additional $7.2 million on the state agency.

If approved by lawmakers, more than $1 million of the $7.2 million request would be used to hire 242 additional employees, most of them at detention centers.

Nearly $2 million would be spent to upgrade or replace closed-circuit televisions used in detention centers, while $305,000 would be spent to provide round-the-clock medical care for teenage criminals housed at the centers.

03/10/04 Legislative Agenda II: Repair troubled DJJ
Editorial, Miami Herald

OUR OPINION: JUVENILE-DETENTION SYSTEM NEEDS REVIEW, FUNDING

The term outrage has become synonymous with the death of Omar Paisley, the teenager who died on June 9, 2003, while in the custody of the Miami-Dade juvenile-detention center staff. The latest person to be outraged is Florida Department of Juvenile Justice Interim Secretary C. George Denman. What prompted Mr. Denman's joining the general consensus on the circumstances of Omar's death is a 221-page investigative report by the DJJ's inspector general.

Juvenile justice critic shows interest in top job
03/09/04 - Steve Bousquet, St. Petersburg Times
State Rep. Gus Barreiro, a Miami Beach Republican and critic of the state's beleaguered juvenile justice agency, is a candidate to run it. Gov. Bush called Barreiro's criticisms of the department "justified," and said the lawmaker's intense review of the death of Omar Paisley "is exactly what the Legislature should be doing: in a fair way, to point out problems."
02/17/04 Cathy Corry's recommendations to Select Committee-Juvenile Facilities

From: cathycorry@juno.com
To: gelber.dan@myfloridahouse.com,kravitz.dick@myfloridahouse.com, speaker@myfloridahouse.com,barreiro.gustavo@myfloridahouse.com, planas.jc@myfloridahouse.com, llorente.marcelo@myfloridahouse.com, needelman.mitch@myfloridahouse.com, adams.sandy@myfloridahouse.com, whittier.shari@myfloridahouse.com, holloway.tee@myfloridahouse.com, roberson.yolly@myfloridahouse.com
Date: Tue, 17 Feb 2004 09:25:50
Subject: Select Committee-Juvenile Facilities-RECOMMENDATIONS

cathycorry@juno.com To: bilirakis.gus@myfloridahouse.com Cc: kime.chandy@myfloridahouse.com
Date: Tue, 17 Feb 2004 09:22:43
Subject: Select Committee-Juvenile Facilities-RECOMMENDATIONS

February 17, 2004

To: Florida House of Representatives, Select Committee on Juvenile Detention Facilities
From: Cathy Corry, concerned citizen and founder of Justice4Kids.org, Inc.- - www.justice4kids.org Subject: Juvenile Justice Facilities - suggested recommendations

For 3 years, I have consistently been aware of the various aspects in which the juvenile justice system fails our children. I support the recommendations of the Miami-Dade County Grand Jury and commend the 21 members for the dedication and compassion they exhibited for such an anguishing task. The report of the Grand Jury is a clear indication of the systemic problems that permeate our Florida Department of Juvenile Justice.

For the physical safety and emotional well-being of all children in Florida’s juvenile justice facilities, I respectfully submit the following recommendations:

Removal of Bill Bankhead, Frank Alarcon and Larry Lumpee.

Their departure is necessary to begin changing the culture of DJJ. The removal of the Regional Directors of Detention is also essential.

Independent Citizens Oversight Committee

Meet quarterly and report directly to the Governor.
Review abuse/neglect allegations and general grievances of detained youth.
Design mechanism where parents will have their input solicited in critical matters.

Quality Assurance:

Random surprise QA Reviews - NO notification!
Include citizen advocates on the QA advisory counsel.

Abuse/Neglect Reviews:

ALL incidents of injury or takedown need to be reviewed by the Inspector General and not at the regional level.
Establish an expert advisory council to review critical incidents and mortality.
During interviews of youth who have complained of abuse, all youth should be interviewed without ANY facility staff present. Staff must be distanced audibly and visually so as to not intimidate or threaten the youth.

Surveillance:

Videotaping should be expanded to include areas currently hidden from monitoring.
Equipment should be maintained to meet specific minimum standards.
Tapes should be labeled and stored daily in a locked ‘dropbox’ that can only be opened by a person independent of the facility. This person should periodically review the quality and content of the tapes.
Implement increased surveillance for facilities that receive a substandard QA rating. This increased surveillance could include remote video monitoring.

Mental Health:

A child diagnosed with a mental disorder should not get new criminal charges as a result of acting out.
A child who escapes from a facility should not get a new felony charge. The escape event should only affect their risk assessment and the potential placement of the child in a higher risk program

Facility Specifics:

Mandatory minimum ratios of staff to youth.
Maximum population counts per building or mod (in addition to per facility) to eliminate mod overcrowding.
Refer to youth housed in detention as ‘children’ instead of ‘detainee’.
Discontinue use of detention staff titles that follow military/law enforcemen rankings: Captain, Lieutenant, etc.
Permit a softbound book in the children’s rooms (cells) at all detention centers!

Black legislators demand resignation of Florida's Juvenile Justice secretary

"To have a secretary so unfazed by it all suggests to me that perhaps he needs another job," [Senator] Dawson said.

"The grand jurors who investigated Paisley's death said...they were appalled by the "utter lack of humanity" demonstrated by many of the staff members at the Miami-Dade County Regional Detention Center.

"Gov. Jeb Bush said...that he still has confidence in Bankhead." To read the full article in the Sun-Sentinel, click here.

Next meeting of the Select Committee on Juvenile Detention Facilities

Start Date and Time:  Wed, Mar 10, 2004 - 5:30 pm
End Date and Time:  Wed, Mar 10, 2004 - 7:30 pm
Location:  Reed Hall (102 HOB)
Duration: 2 hours
Meeting Overview/Summary: Testimony from Requested Witnesses

 

Closer to our goal

January 20, 2004:
A former Volusia Juvenile Detention Officer provided testimony regarding abuse/neglect in the facility to the legislative House Select Committee on Juvenile Detention Facilities in Tallahassee. See news report, below, by Ron Hurtibise of the Daytona News Journal. He has diligently continued to expose the problems within DJJ, as noted in this excerpt from the news report: "After Snead's testimony, committee members discussed possible remedies to the problems Snead raised. One would involve separating the Inspector General's office from the department's chain of supervision so complaints would be investigated independently."

Daytona Beach New-Journal
Miami Herald

 
  Legislative Select Committee on Juvenile Detention Facilities continues investigating abuse and neglect in Florida's Juvenile Detention Facilities
Do you have information on abuse or neglect of youth in any Florida juvenile detention or commitment facility?  Your information can help change the Department of Juvenile Justice!  Contact Us
to provide details to justice4kids.org and we will send your information to the Committee.  Or, e-mail Committee Chair Gustavo "Gus" Barreiro or call his office at 305.643.7324.
 
On October 8, 2003, Florida's Legislative Select Committee on Juvenile Detention Facilities convened in Clearwater. Click here for excerpts of testimony from both the Clearwater and Miami meetings.    

Larry Lumpee, DJJ's
Assistant Secretary of Detention, answers questions during the Legislative Select Committee hearing in Clearwater 10/08/03.
"And your problem is?"
This was Larry Lumpee's response to the mother of Shawn Smith when she called him to say she has just learned that her son had died in his care. - 10/30/01

Two nurses facing murder charges surrender Wednesday morning
 Carol Marbin Miller, The Miami Herald, Jan. 28, 2004
Florida lawmakers said they will seek legislation to reform a juvenile justice agency grand jurors said was plagued by ``incompetence, ambivalence and negligence.''

Lawmaker blasts Juvenile Justice leaders
Ron HurtibiseRep. Gus Barreiro, R-Miami Beach, sharply criticized department Secretary W.G. "Bill" Bankhead's handling of the department, and called on Gov. Jeb Bush to "look at" the top ranks of the department, starting with Bankhead. Bankhead "is not equipped to run this department," Barreiro said. "He's lost five kids on his watch. That's inexcusable. Someone should be held responsible." Preliminary findings of the legislative committee include: Officials in charge of detention centers have "covered up" what could be a "huge" number of abuses.

Youth lock up official losing his job
Carol Marbin Miller, The Miami Herald, Nov. 19, 2003
[Victor] Davidson, a juvenile justice employee for 25 years with a series of arrests and administrative reprimands over the years, was in charge of the Miami-Dade Juvenile Detention Center on June 9 when 17-year-old Omar Paisley died of a ruptured appendix after begging nurses and officers for help.

Parents Urge Juvenile Justice Changes
Rod Challenger, The Tampa Tribune, Oct. 9, 2003
"Rep. Gustavo Barreiro, R-Miami Beach, said the department appears to suffer from a lack of communication and accountability."

Mistakes resulted in fatal fight
Curtis Krueger, The St. Petersburg Times, Oct. 9, 2003
"'The department has this philosophy of just circling wagons and of trying to minimize the damage instead of just confronting the situation and dealing with it,' said Rep. Gustavo "Gus" Barreiro, chairman of the Select Committee on Juvenile Detention Facilities."

Criminal negligence Series
Editorial, St. Petersburg Times, Sep. 20, 2003
"Like other teens before him, Omar Paisley died in a system that tolerates abuse and neglect, fails to hold employees accountable and too often regards delinquents as little adults who need to be broken rather than troubled youth who need to be fixed." To contact the editor, click here.

Youth crime detention is protest target
Curtis Krueger, St. Petersburg Times, Sep. 20, 2003
"Florida needs better training for detention workers, improved mental health services and an approach that looks for ways to rehabilitate youths without locking them up."

Lawsuit filed over teen's injury
William R. Levesque, St. Petersburg Times, Sep. 24, 2003
"[The counselor] grabbed her arms and brought them behind her back and twisted, breaking the humerus bone in her upper arm."
 

Panel investigates teen's death in Miami-Dade detention center
Associated Press; Sep. 11, 2003
"Mildewed sheets and pillows. Blood-stained towels. Roaches on the floor. Lack of medical care..."

Jail super[intendent] moved within system
He was in charge when teen died
Carol Marbin Miller, The Miami Herald, Sep. 11, 2003
"When [DJJ Sec] Bankhead insisted Omar's death was not indicative of larger, systemic problems, several lawmakers pounced."

'Isolated' cases all too common
Jim DeFede/Commentary, The Miami Herald, Sep. 11, 2003

'An isolated incident.' "Whenever state bureaucrats start trying to cover their own incompetence by trotting out those three little words, you can rest assured it will only be a matter of time before other examples begin to emerge."
Omar's mother, Cherry Williams, . . . spoke softly, but made her desire clear: "I want justice.''
Three little words that actually have meaning.

Teen who died pled for help in writing
Was in acute pain 3 days in lockup

Carol Marbin Miller, The Miami Herald, Sep. 10, 2003
''If, as the hospital states, late documentation is an acceptable medical practice, how are the medical or DJJ staff to know what happened during the prior shift or prior day?'' he said. [Rep. Gustavo ''Gus''] Barreiro, [R-Miami-Dade] called the late entries part of "a big cover-up.''

Omar's death cries for an answer
Who killed Omar Paisley?
Jim DeFede/Commentary, Miami Herald, Sep. 09, 2003

"Bankhead has to take responsibility for a culture within the DJJ that ultimately led to Omar's death. It is a culture that at best treats these children with indifference and at worst allows them to die like animals."

Ex-guard gets probation for sex with teen inmates
[at Florida Institute for Girls]
Wire Reports, St. Petersburg Times, Oct. 9, 2003
"Larry Curry would have faced up to 60 years in prison if convicted by a Palm Beach County jury on all charges. The plea bargain does not prohibit him from returning to work in a similar position."

Grand jury look is good for [juvenile] prison
 Howard Goodman, Sun-Sentinel, October 2, 2003
"The Department of Juvenile Justice, responsible for the [Florida Institute for Girls], has logged more than 150 formal allegations of sex and violence among the staff members and inmates."

My son Steven
"Steven had his operation over two weeks ago and I still don't know what was done to my son." ~Steve Watson 11/26/03

The Committee has done more harm than good
"I felt that after 18 months my nightmare was over. No longer will I have to send letters to the Governor for help. As of now, the committee has done more harm than good..." ~Steve Watson 10/23/03

Why does Judge Webb let this abuse continue?
Retaliation against Steven Watson for speaking out? You decide!
"[DJJ
reminded] me that [my son] could be there till he’s 22 if things with him don’t start shaping up." ~Steve Watson 10/18/03

What’s happening to my son?
"[Judge Webb, when told my child needed an operation] said of my son, and I quote: "His ankle bone must be connected to his attitude bone!" ~Steve Watson 10/8/03

Proposed recommendations presented by the Select Committee during a meeting with DJJ
on Dec 10, 2003:

Proposed Recommendations

In Process of Being Implemented

Implemented

Policy/Rule that in the event of a medical emergency, any staff may call 911.

A directive has been given to staff by DJJ Secretary

 

Policy/Rule that DJJ leadership will make contact with the family in instances of death of a detainee in the custody of the department.

A directive has been given to staff by DJJ Secretary

 

Policy/Rule that in medical emergencies, if the family of the detainee cannot be contacted, local law enforcement will be notified to assist in apprising the family of the emergency.

 

Yes

Policy/Rule that a detainee may be interviewed without other facility staff present.

 

No.  Recommendation not yet presented to DJJ.

Policy/Rule that a video tape is not used more than 6 times.

 

No.  Recommendation not yet presented to DJJ.

Policy/Rule requiring that video camera operation and recording quality is checked at the beginning of every shift by incoming staff.  Will have a consequence if not followed.

 

No.  Recommendation not yet presented to DJJ.

Policy/Rule that all detention surveillance tapes be saved for 90 days.  If an incident is reported, the tape must be saved for a minimum of 6 months.

 

No.  Recommendation not yet presented to DJJ.

Requirement that the department keep a confidential report of detention staff, by name, that have substantiated or founded allegations of excessive or improper use of force, but have not been terminated.  The information in this report should be accessible to Legislative Members or staff by employee name or incident number.  This information should include an indication of whether the incident was referred to the Inspector General’s office or if criminal charges were filed.

 

No.  Recommendation not yet presented to DJJ.

 

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