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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." |
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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!
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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. |
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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 |
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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 |
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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. |
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| 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. |
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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 Hurtibise,
Daytona Beach News-Journal, Dec.31, 2003
Rep. 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."
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'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
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Proposed recommendations presented by the Select Committee during a meeting
with DJJ
on Dec 10, 2003:
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Proposed
Recommendations |
In Process
of Being Implemented |
Implemented |
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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 |
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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 |
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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. |
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Yes |
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Policy/Rule that a
detainee may be interviewed without other facility staff present. |
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No. Recommendation
not yet presented to DJJ. |
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Policy/Rule that a
video tape is not used more than 6 times. |
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No. Recommendation
not yet presented to DJJ. |
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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. |
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No. Recommendation
not yet presented to DJJ. |
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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. |
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No. Recommendation
not yet presented to DJJ. |
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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. |
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No. Recommendation
not yet presented to DJJ. |
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