[House Hearing, 111 Congress]
[From the U.S. Government Publishing Office]
KEEPING YOUTH SAFE WHILE IN CUSTODY: SEXUAL ASSAULT IN ADULT AND
JUVENILE FACILITIES
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON CRIME, TERRORISM,
AND HOMELAND SECURITY
OF THE
COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES
ONE HUNDRED ELEVENTH CONGRESS
SECOND SESSION
__________
FEBRUARY 23, 2010
__________
Serial No. 111-100
__________
Printed for the use of the Committee on the Judiciary
Available via the World Wide Web: http://judiciary.house.gov
U.S. GOVERNMENT PRINTING OFFICE
55-066 WASHINGTON : 2010
-----------------------------------------------------------------------
For sale by the Superintendent of Documents, U.S. Government Printing
Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC
area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC
20402-0001
COMMITTEE ON THE JUDICIARY
JOHN CONYERS, Jr., Michigan, Chairman
HOWARD L. BERMAN, California LAMAR SMITH, Texas
RICK BOUCHER, Virginia F. JAMES SENSENBRENNER, Jr.,
JERROLD NADLER, New York Wisconsin
ROBERT C. ``BOBBY'' SCOTT, Virginia HOWARD COBLE, North Carolina
MELVIN L. WATT, North Carolina ELTON GALLEGLY, California
ZOE LOFGREN, California BOB GOODLATTE, Virginia
SHEILA JACKSON LEE, Texas DANIEL E. LUNGREN, California
MAXINE WATERS, California DARRELL E. ISSA, California
WILLIAM D. DELAHUNT, Massachusetts J. RANDY FORBES, Virginia
STEVE COHEN, Tennessee STEVE KING, Iowa
HENRY C. ``HANK'' JOHNSON, Jr., TRENT FRANKS, Arizona
Georgia LOUIE GOHMERT, Texas
PEDRO PIERLUISI, Puerto Rico JIM JORDAN, Ohio
MIKE QUIGLEY, Illinois TED POE, Texas
JUDY CHU, California JASON CHAFFETZ, Utah
LUIS V. GUTIERREZ, Illinois TOM ROONEY, Florida
TAMMY BALDWIN, Wisconsin GREGG HARPER, Mississippi
CHARLES A. GONZALEZ, Texas
ANTHONY D. WEINER, New York
ADAM B. SCHIFF, California
LINDA T. SANCHEZ, California
DEBBIE WASSERMAN SCHULTZ, Florida
DANIEL MAFFEI, New York
[Vacant]
Perry Apelbaum, Staff Director and Chief Counsel
Sean McLaughlin, Minority Chief of Staff and General Counsel
------
Subcommittee on Crime, Terrorism, and Homeland Security
ROBERT C. ``BOBBY'' SCOTT, Virginia, Chairman
PEDRO PIERLUISI, Puerto Rico LOUIE GOHMERT, Texas
JERROLD NADLER, New York TED POE, Texas
ZOE LOFGREN, California BOB GOODLATTE, Virginia
SHEILA JACKSON LEE, Texas DANIEL E. LUNGREN, California
MAXINE WATERS, California J. RANDY FORBES, Virginia
STEVE COHEN, Tennessee TOM ROONEY, Florida
ANTHONY D. WEINER, New York
DEBBIE WASSERMAN SCHULTZ, Florida
MIKE QUIGLEY, Illinois
Bobby Vassar, Chief Counsel
Caroline Lynch, Minority Counsel
C O N T E N T S
----------
FEBRUARY 23, 2010
Page
OPENING STATEMENTS
The Honorable Robert C. ``Bobby'' Scott, a Representative in
Congress from the State of Virginia, and Chairman, Subcommittee
on Crime, Terrorism, and Homeland Security..................... 1
The Honorable Bob Goodlatte, a Representative in Congress from
the State of Virginia, and acting Ranking Member, Subcommittee
on Crime, Terrorism, and Homeland Security..................... 3
The Honorable John Conyers, Jr., a Representative in Congress
from the State of Michigan, and Chairman, Committee on the
Judiciary...................................................... 4
WITNESSES
Ms. Brenda V. Smith, Professor, Washington College of Law,
American University, Washington, DC
Oral Testimony................................................. 11
Prepared Statement............................................. 14
Mr. Troy Erik Isaac, President, Hands On Advocacy Group, North
Hollywood, CA
Oral Testimony................................................. 26
Prepared Statement............................................. 28
Mr. Bernard Warner, Chief Deputy Secretary for Juvenile Justice,
Department of Corrections and Rehabilitation, Division of
Juvenile Justice, Sacramento, CA
Oral Testimony................................................. 32
Prepared Statement............................................. 34
Mr. Gabriel A. Morgan, Sheriff, Newport News, VA
Oral Testimony................................................. 37
Prepared Statement............................................. 39
Ms. Grace Bauer, Campaign for Youth Violence, Washington, DC
Oral Testimony................................................. 43
Prepared Statement............................................. 45
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING
Prepared Statement of the Honorable John Conyers, Jr., a
Representative in Congress from the State of Michigan, and
Chairman, Committee on the Judiciary........................... 5
APPENDIX
Material Submitted for the Hearing Record........................ 61
KEEPING YOUTH SAFE WHILE IN CUSTODY: SEXUAL ASSAULT IN ADULT AND
JUVENILE FACILITIES
----------
TUESDAY, FEBRUARY 23, 2010
House of Representatives,
Subcommittee on Crime, Terrorism,
and Homeland Security
Committee on the Judiciary,
Washington, DC.
The Subcommittee met, pursuant to notice, at 4:02 p.m., in
room 2141, Rayburn House Office Building, the Honorable Robert
C. ``Bobby'' Scott (Chairman of the Subcommittee) presiding.
Present: Representatives Scott, Conyers, Jackson Lee,
Gohmert, and Goodlatte.
Staff Present: (Majority) Bobby Vassar, Subcommittee Chief
Counsel; Jesselyn McCurdy, Counsel; Liliana Coronado, Fellow,
Federal Public Defender Office Detailee; Veronica Eligan,
Professional Staff Member; (Minority) Caroline Lynch, Counsel;
and Kimani Little, Counsel.
Mr. Scott. Good afternoon. I would like to welcome you
today to the Crime Subcommittee hearing on ``Keeping Youth Safe
While in Custody: Sexual Assault in Juvenile and Adult
Facilities.''
Traditionally, the juvenile justice system was designed to
provide a therapeutic and rehabilitative environment for
youthful offenders. Most juvenile justice facilities focus on
rehabilitating youth so that they can return to their
communities and lead productive lives. A young person may get
involved in the juvenile justice system once or twice and then
never return. But if a young person is sexually abused while in
custody, he or she will suffer lifelong trauma from that abuse,
which often results in mental illness, substance abuse, and a
higher likelihood of involvement in the criminal justice and
juvenile justice systems.
Every day there are approximately 93,000 youth confined in
juvenile detention facilities in the United States. The
government has an obligation to prevent any abuse of young
people who come into its care and certainly to prevent sexual
abuse. Preventing, detecting, and responding to sexual abuse of
institutionalized youth demands age-appropriate interventions
to assure that they are not sentenced to the lifelong
consequences of that violence.
Currently, there is no comprehensive research on the
characteristics of youth who are at greatest risk of being
victims of sexual assault while in custody. However, we do know
that young people who have a history of abuse and are small in
size, inexperienced with the justice system, and suffer from
mental or physical disabilities are frequently more vulnerable
to sexual assaults.
Indeed, some studies suggest that youth with a history of
abuse and neglect may be extremely susceptible to subsequent
abuse. Youth with history of childhood abuse and neglect often
feel helpless against adults, particularly in an environment
such as a juvenile detention center.
Also, housing youth who are inexperienced with older and
more experienced juveniles can create a dangerous environment
in detention centers. Rates of sexual abuse appear to be much
higher for combined youth than they are for adult prisoners.
According to a 2006 BJS report, young people in juvenile
facilities are five times more likely to be sexually assaulted
than adults in jails and prisons. Juveniles are more frequently
victimized because they are poorly equipped to respond to
sexual advances by older youth or adults.
In 2004, the U.S. Department of Justice began investigating
conditions in a juvenile correctional facility in Plainfield,
Indiana, based on reports of widespread physical and sexual
violence. Investigators were taken aback by the age and size
difference between many of the youth being sexually assaulted.
Youth as old as 18 were assaulting or coercing children as
young as 12. Some of these children weighed as little as 70
pounds, and some of the youth who were perpetrators of the
abuse weighed as much as 100 pounds more than their victims.
Adult jails and prisons are especially difficult places for
juveniles to survive safely, because many adult facilities fail
to provide youth with basic services, such as family
counseling, career training, and educational programming. While
only 20 percent of youth in juvenile facilities are confined
for violent offenses, nearly 50 percent of adult prisoners are
violent offenders who are incarcerated for longer periods of
time. Research consistently shows that younger prisoners who
lack the experience and knowledge to deal with the volatile
environment are at greater risk of being sexually abused while
housed in prisons and jail.
In 2003, the Prison Rape Elimination Act was enacted, and
it is one of the few Federal laws to address sexual violence in
correctional and detention settings. This legislation was a
bipartisan effort led by Senators Ted Kennedy in the Senate and
Jeff Sessions in the Senate and Representatives Frank Wolf and
myself in the House. As a result of PREA, the Bureau of Justice
Statistics is now responsible for collecting data about the
prevalence of sexual violence in adult correctional and
juvenile detention facilities.
Last month, BJS released the first report based on a
national survey of sex abuse in juvenile residential detention
facilities. The report found that 12 percent of youths surveyed
in State juvenile justice facilities reported sexual
victimization by another youth or faculty staff over the past
year. Approximately 10 percent of the youth surveyed reported
incidents staff, and 2 percent reported incidents involving
another resident. Over 90 percent of the youth in the surveyed
facilities were male, and approximately 95 percent of all youth
reporting staff sexual misconduct said that they had been
victimized by a female staff person.
The survey identified 13 facilities that had a high rate of
sexual victimization, including, unfortunately, two facilities
in Virginia. And the survey also identified 11 facilities that
had a low rate of victimization. The report concluded that
smaller facilities and those that held youth for less than 5
months had the lowest rates of abuse.
This most recent report highlights how important it is for
the standards that were proposed by the PREA Commission in June
2009 be adopted as soon as possible. Presently, the Department
of Justice is in the process of reviewing the standards, and we
hope the DOJ will make it a priority to adopt and implement the
commission's recommendations to protect our young people from
being victims of sexual abuse.
We have several witnesses who will testify during today's
hearing and help us find solutions to the problem of young
people being sexually assaulted while in custody.
And now it is my pleasure to recognize the acting Ranking
Member of the Subcommittee and my colleague from Virginia, Mr.
Goodlatte.
Mr. Goodlatte. Well, thank you, Mr. Chairman.
This hearing is the most recent installment in a series of
hearings that this Subcommittee has held on issues within the
juvenile justice system. Today's hearing focuses on sexual
assaults against juveniles who are incarcerated in juvenile and
adult correctional facilities.
The majority called this hearing in response to a report on
the subject that was recently released by the Bureau of Justice
Statistics, or BJS, at the Department of Justice. The
Department of Justice was required to publish the report by the
Prison Rape Elimination Act of 2003. The act was passed for the
purpose of developing national standards to prevent and detect
incidents of sexual violence in correctional facilities and to
make facilities more accountable for incidents of sexual
assault in prison. The act was cosponsored by the gentleman
from Virginia and Chairman of this Subcommittee, Mr. Scott.
The findings within the report are based on surveys of
juvenile inmates from 195 facilities in all 50 States. The most
eye-popping statistic is that 12 percent of incarcerated
juveniles, or more than 3,200 young people, reported being
raped or sexually abused in the past year by fellow inmates or
prison staff. About 2.6 percent reported an incident involving
another youth and the use of force, and 10.3 percent reported
an incident involving facility staff.
Of the youth who reported an incident involving facility
staff, about 4.3 percent of youth said they had sex or other
sexual contact with facility staff as a result of force. The
remaining 6.4 percent of youth reported sexual contact with
staff without coercion.
In addition, 13 detention centers around the country were
cited for having a high rate of sexual misconduct, where at
least 20 percent of juveniles incarcerated there said they were
assaulted.
This report is noteworthy, as it provides an authoritative
and detailed snapshot of the problem of sexual abuse in State
juvenile facilities. Of course, the administering of justice to
juvenile offenders is largely the domain of the States, as
there is no Federal juvenile justice system.
As officials have learned more about this problem, a number
of States have implemented measures to attempt to reduce of
instances of youth-on-youth and staff-on-youth sexual
victimization. Mr. Gohmert, the Ranking Member's home State of
Texas instituted a number of reforms. 13,500 cameras and video
recording technology have been put in place, allowing the
agency and Office of Inspector General to examine the times and
locations where incidents are alleged to occur. Further,
corrections staff have received training to better identify
behaviors indicative of sexual misconduct. Most importantly,
the State has also adopted a zero-tolerance rule for sexual
victimization.
The Tennessee legislature is considering proposals to use
outside specialists to interview juveniles about sexual abuse
claims and to collect information for prosecution. In response
to reports of sex abuse by staffers in juvenile facilities, at
least one facility has installed cameras in all living units in
the last 6 months to ensure children are safe.
States like my home State of Virginia and Louisiana are
also considering legislative and executive solutions to this
problem. I applaud the effort of these States to address this
issue. I expect that other States will look to these approaches
as they determine what measures to adopt to combat sexual
assault in correctional facilities.
In conclusion, I would like to welcome the witnesses to
today's hearing, and I look forward to their testimony.
And I yield back my time. Thank you, Mr. Chairman.
Mr. Scott. Thank you.
The gentleman from Michigan, the Chairman of the full
Committee, Mr. Conyers.
Mr. Conyers. Thank you, Chairman Scott. And I am happy to
see your colleague from Virginia with you as the temporary
Ranking Member.
First of all, I want to congratulate you on your courage to
bring forward for testimony the ugliest part of the
incarceration system in America. What is going on is
outrageous. And it is to your credit and the Committee's that
you have brought this matter to light. There are no holds
barred. We are going to change this not just at the Federal
level, but we can be influential at the State level.
I am proud of a witness list that includes Troy Erik Isaac,
who has a story to tell since he was 12 years old that is
unbelievable, and Mrs. Grace Bauer, who is organizing our
citizens throughout the country to do something about this. I
am so glad both of them are witnesses here.
Now, the easiest thing to do is to get juveniles out from
under the Prison Litigation Act, which, since 1996, has
prevented us from getting to deal with this problem rather than
helping us with it. And so I look forward to working with you
and everyone on your Committee to that end.
I will ask unanimous consent to put my statement in the
record and yield back.
[The prepared statement of Mr. Conyers follows:]
__________
Mr. Scott. Thank you.
And I will ask our witnesses to come forward as they are
being introduced.
Our first witness is Professor Brenda V. Smith, professor
at American University's Washington College of Law, where she
teaches community and economic development law, legal ethics,
and women in criminal law. She has served as a commissioner on
the National Prison Rape Elimination Act Commission and is the
project director and principal investigator for the Department
of Justice's National Institute of Corrections Cooperative
Agreement on Addressing Staff Sexual Misconduct with Offenders.
She earned her Bachelor of Arts degree from Spelman College,
her Juris Doctorate from Georgetown University Law Center.
Our second witness is Troy Erik Isaac. He was 12 years old
when he was first sent to juvenile hall in California. As a
young slender child, the larger boys immediately began to
harass him. He was raped repeatedly and received no help from
the staff at the facility. The abuse sent Troy into a cycle of
imprisonment that lasted 22 years, accompanied by many more
rapes and assaults. He left prison 2 years ago, vowing never to
return. And he has cofounded a nonprofit organization in Los
Angeles that conducts peer counseling and advocacy.
The third witness would be Mr. Bernard Warner, who is the
chief deputy secretary for California Department of Corrections
and Rehabilitation, Division of Juvenile Justice. He has 27
years of diverse nationwide experience with both adult and
juvenile corrections. He has served in leadership positions in
juvenile justice systems in Florida, Arizona, and Washington
State. And he has developed a youth-centered vision for reform
of the Department of Juvenile Justice. He received his Bachelor
of Science degree with honors from Southern Illinois
University.
Our next witness will be Sheriff Gabriel Morgan of my
hometown, Newport News, Virginia. He is responsible for the
daily custody and care of more than 620 prisoners. Prior to
being elected sheriff, he served as the special agent in charge
of the Virginia Department of Motor Vehicles Investigative
Services. He served his country with over 21 years with the
U.S. Army. He is a graduate of the University of the State of
New York at Albany and the Army's Command and General Staff
College. And I certainly want to welcome my hometown sheriff
with us today.
The final witness will be Grace Bauer. She is leading a
national caucus of parents who have children involved in the
juvenile justice system. Several of the mothers she is working
with had sons who committed suicide while in adult facilities.
Since joining the Campaign for Youth Justice in 2008, she has
worked to unite parents and allies with children involved in
the adult criminal justice system.
Now, each of our witnesses' written statements will be
entered into the record in its entirety, and I ask each witness
to summarize your testimony in 5 minutes or less. And to help
you with that time, there is a timing device in front of you
that will begin green, will switch to yellow with 1 minute
left, and when it turns red your 5 minutes have expired.
And we will begin with Professor Smith.
TESTIMONY OF BRENDA V. SMITH, PROFESSOR, WASHINGTON COLLEGE OF
LAW, AMERICAN UNIVERSITY, WASHINGTON, DC
Ms. Smith. Good afternoon, Chairman Conyers and
Representative Scott, and also to the Ranking minority Member,
Mr. Goodlatte. Thank you for inviting me here today to speak
and for the opportunity to speak with other Members of the
Subcommittee on Crime, Terrorism, and Homeland Security.
I think you can see from the introduction, the resume that
you read that I lead a little bit of a double life. While I am
professor at American University in the law school, I have been
deeply involved and vested in issues related to sexual violence
in custodial settings for well over 20 years, dating back to my
work as lead counsel in Women Prisoners v. The District of
Columbia. In 2003, I was appointed by then-House Minority
Leader Pelosi to serve on the Prison Rape Elimination
Commission. And I served in that capacity until August 2009,
when the commission sunsetted.
Congressman Scott, I know that you are familiar with the
previous trajectory given that you, along with Representative
Wolf, were the primary sponsors in the House. That marvelous
and incredibly successful effort built on the work of Chairman
Conyers, who introduced the Custodial Sexual Abuse Act of 1998
in response to an earlier report by Human Rights Watch
specifically addressing sexual abuse in custody. And I wanted
to, sort of, acknowledge those efforts as well.
One of the many things that PREA did was that it created
the commission. And so what I am going to do today is I am
going to talk some about the commission process, I am going to
talk about our findings. Second, I want to mention briefly the
Bureau of Justice Statistics. And third, I want to talk about
what I have learned with working with 12 juvenile justice
agencies and provide a number of recommendations for moving
forward.
First, thank you so much for, in your initial testimony,
talking about the importance of DOJ moving forward quickly and
expeditiously with consideration of the standards. The
commission issued its standards on June 23rd of 2009. And, at
this point, the Department of Justice is going through a very
similar process to the process that we went through over the
course of 5 years. We have actually talked to the Department
and asked and sent, actually, correspondence to the Attorney
General, asking that he expedite this process, particularly
given the shocking statistics that recently we learned of from
the BJS report.
In its study, one of the things that the commission found
is that juveniles in confinement are much more likely than
incarcerated adults to be sexually abused and that they are
particularly at risk when confined with adults.
Additionally, one of the other findings that the commission
found is that juvenile agencies are in increased need of
training and education for staff and youth on addressing sexual
violence in custody.
The commission also found, like in other settings, internal
reporting procedures were barriers to addressing sexual abuse
in custody. And that may in some way explain the significant
disconnect between the statistics that youth reported, the
incidents that youth reported, and the incidents that
correctional authorities reported. The findings were about
three times different.
One of the other things that we also found is that the
developmental profile of youth means that youth must have
access to family and legal representatives.
I think, Mr. Scott, you have already talked tremendously
about youth imprisoned in adult settings. I think that one of
the other important findings that the commission made was that
youth convicted as adults and housed in adult facilities were
at the greatest risk of sexual violence in custody. Again,
referring to Congressman Conyers's home State, I would really
recommend to the Committee the important work that Deborah
LaBelle has done in terms of looking at the situation of youth
housed as adults.
One of the things that I also want to talk about
specifically with regard to our standards--I know that I only
have a short period of time--is the piece related to the Prison
Litigation Reform Act. One of the things that we have done in
our standards is change the exhaustion requirement specifically
for reporting these kinds of incidents but made a strong
recommendation that PLRA be amended specifically to deal with
these issues.
Finally, what I want to talk about, or I want to end my
time talking about, is what we found when we worked with 12
jurisdictions. We learned that there is a different culture
that exists in juvenile agencies and that juvenile agencies
have different legal obligations, a lower obligation. They are
not looking--they are not bound by the very strict requirements
of cruel and unusual punishment, but really a lower standard of
due process.
The most important finding that we made is that there is a
very different level of knowledge on this issue and that, for
the most part, juvenile agencies have really not taken on this
issue. At the same time, we found that juvenile agencies were
very concerned with addressing this issue, which seems to us to
present a real opportunity here.
I see that I am running out of time, but what I want to do
is I want to end with my recommendations and hopefully can talk
a little bit more in the Q&A period. I have listed in my
testimony about seven recommendations that I would hope that
the Committee would look toward.
First, to support the enactment of the standards
recommended by the National Prison Rape Elimination Commission
and to push the Attorney General to move very quickly with
that.
Second, to strengthen the ability of the Office of Juvenile
Justice and Delinquency Prevention to address these issues as
part of their compliance efforts by passing the juvenile
justice reauthorization. Currently, the Senate bill offers the
possibility of, for the first time, addressing dangerous
conditions of confinement. And we believe that is appropriate
and that it should also include provisions for independent
monitoring.
We also believe that in whatever comes out of the standards
that the Attorney General passes, that there should be specific
funding for juvenile justice agencies. In the initial funding
for PREA, most of that funding went to prisons; very little
went to juvenile justice agencies or community corrections
agencies.
We also believe that there needs to be additional data
collection by BJS, which I understand is going to happen,
specifically looking at juveniles in adult facilities.
I will end my testimony there, and I look forward to
hearing back with other questions.
[The prepared statement of Ms. Smith follows:]
Prepared Statement of Brenda V. Smith
__________
Mr. Scott. Thank you.
Mr. Isaac?
TESTIMONY OF TROY ERIK ISAAC, PRESIDENT,
HANDS ON ADVOCACY GROUP, NORTH HOLLYWOOD, CA
Mr. Isaac. Good afternoon to Mr. Chairman and to the
Committee. My name is Troy Erik Isaac.
When I was 12 years old, I entered into juvenile hall for
nonviolent crimes: vandalism; you know, this one girl told me
at a Shakey's Pizza Parlor that my sister wasn't an actress, so
I threw salad on her and ended up going into juvenile hall.
When I entered into juvenile hall, it was very scary. When
I was on the streets of Burbank, California, I thought that I
was tough. I thought that I was, like, the big person. But then
when they opened those doors and I walked in there, I was hit
full-blown with a dose of reality. Staff members ridiculed me.
Staff members said, ``You know, you look like you are a sissy.
You look like you are feminine.'' And although I was feminine,
although I carried the characteristics of my mother, that was
disrespectful.
It would have been nice if he could have gave me a heads-up
and he could have advised me that what you are getting yourself
into is going to be really bad for you, and you can go here to
a safer haven where you won't be subjected to abuse, assault,
and rape.
I entered into the juvenile system, and there was gangs
there. One particular gang was the Pasadena Devil Lanes, and
they are very known in Los Angeles.
So the same things the staff members saw in me the inmates
saw in me. So they forced me to oral copulate them in the
shower area. Staff members were around; oftentimes they turned
their back. I didn't feel encouraged to go to staff members.
The same ridicule that the inmates were giving me the staff was
giving me. So I had to figure out, what am I going to do? I
started mutilating myself, cutting on my wrists, telling staff
members that I was suicidal just to go to isolation. They would
put me into isolation. I would be by myself, but it was very
depressing.
And that oftentimes happens to young people when they go
into juvenile systems and they don't know what it is about. And
that is what PREA is about. PREA would advise young people,
``This is what is going on. If you feel uncomfortable, this is
where you can go for help.''
Nurses also are available to give crisis intervention and
help young people. When you are young and when you are going in
the prison system, no one wants to be considered a snitch. ``If
you are a snitch, well, you know what? We are just going to
beat you up. You are not supposed to tell on us.'' And that is
what happens oftentimes in juvenile hall.
So if you have PREA, if you have training--staff have to
get hands-on training to deal with people and help people.
I went to the California Youth Authority, where I was raped
repeatedly. No one was there to help me. No one gave me
anything. And I was raped over and over and over again. That
continued into the adult correctional facilities, where a guy
would say, ``Move into my cell. Go to committee, tell committee
to move you into my cell.'' I would do such, and after that I
am repeatedly raped, over and over again. And after I get out,
the staff member says, ``I would have never put you in there if
it was up to me.'' Well, if PREA is enacted, it would be up to
him. He would be able to say, ``I am going to move you. I want
to take care of you. I want to get you to a safer haven.'' And
that is what PREA does.
There with so much disrespect and hate in prisons coming
from staff on inmates, inmates on staff. And I want to add to
this that staff members, as well, get raped. At 20 years old,
when I was at Vacaville State Prison, a medical technical
assistant was knocked unconscious and raped. So rape is very
here and very in your face. It happens to young people, it
happens to old people, and it happens to staff.
I am now the president of Hands On Advocacy Group. And I
work with young people, I work with old people, I work with
disability, homelessness in LA County. And I would love this
Committee to urge Mr. Holder to implement PREA. And if we need
to tweak it, we need to tweak it. But we need to keep
everything adopted to move forward to help people.
Thank you so much for listening to my story. Thank you.
[The prepared statement of Mr. Isaac follows:]
Prepared Statement of Troy Erik Isaac
__________
Mr. Scott. Thank you.
We are going to have votes in a few minutes, so we are
going to have to break. But let's continue with the testimony.
I think we can take at least the next one, maybe two.
TESTIMONY OF BERNARD WARNER, CHIEF DEPUTY SECRETARY FOR
JUVENILE JUSTICE, DEPARTMENT OF CORRECTIONS AND REHABILITATION,
DIVISION OF JUVENILE JUSTICE, SACRAMENTO, CA
Mr. Warner. Thank you. Chairman Scott, Chairman Conyers,
Ranking Minority Member Goodlatte, thank you for the
opportunity to speak this afternoon about the important issue
of keeping youth safe in juvenile facilities.
Clearly, a report released 2 months ago by the Bureau of
Justice Statistics on sexual victimization in juvenile
facilities has cast a bright light on the vulnerability of
youth in our care. While there were alarming rates noted in
many facilities, the truth is any sexual assault is
unacceptable.
As chief deputy of California Division of Juvenile Justice,
I am responsible for approximately 3,000 juvenile offenders
between the ages of 12 and 24 on parole and housed in five
large institutions. The State juvenile justice system in
California is reserved for the highest-risk, highest-need youth
who cannot be managed at a local level. Over 95 percent are in
for serious violent crimes, and many have significant mental
health and substance abuse issues. There is no greater
responsibility I have than to keep youth and staff safe in our
facilities.
In California, the juvenile justice system is part of the
adult correction system, who also operates the largest prison
in the country. In both juvenile and adult corrections, we have
taken the Prison Rape Elimination Act very seriously and were
early implementers of policies and procedures to ensure every
effort was made to eliminate victimization.
And following Mr. Isaac, it is clear that I am presenting
an environment which is much different and much more reformed
than his experience in our system. Key strategies such as
employee training, offender education, and appropriate
classification of youth have, I believe, had a significant
impact on reducing victimization. We have established pilot
sites that work with Just Detention International for
independent review of our compliance with PREA policies and
practices.
As a result of a consent decree signed 5 years ago, DJJ has
implemented many reforms to improve safety of our youth: better
staffing, smaller living units, enhanced training in trauma
informed care, specialized programs for those with mental
health issues, and engaging families. All have contributed to
improvements and cultural change that has reduced
victimization.
Our facility in the Los Angeles area, which has housed the
most violent gang-entrenched youth in any correctional
environment, actually was listed as a facility with a low rate
of victimization. Some of this is attributed to the reforms
that I previously mentioned.
In addition to representing California, I am also the
current president of the professional association of State
agency juvenile directors called the Council of Juvenile
Correctional Administrators. Approximately 90 percent of the
States in the country work with this association. Our mission
is to educate and train State directors on evidence-based
practices and promising programs, building tools for
practitioners that are grounded in research and data that
result in positive outcomes for youth, staff, and families.
Last month, CJCA convened a panel of State directors,
including those leading facilities highlighted as worst in the
BJS report, to talk and strategize about ways to eliminate
sexual violence in facilities. All the directors from the
nearly 25 States present agreed that the most effective way to
prevent sexual victimization is to ensure youths' safety--from
all risks and dangers posed by facility life. Standards
defining policies and procedures specific to sexual
victimization alone will fall short of ending abuse in our
facilities unless we change the culture.
There needs to be a broader focus and support for creating
an environment that is safe for youth, establishing a culture
that appropriately defines boundaries between staff and youth
under our care. How we make decisions as to where youth are
housed, what programs and services we provide for them, and the
expectations for staff to appropriately engage youth is
critical in ending victimization in our facilities.
As individual States and as a national association, we are
committed to working with Federal partners to reduce and
eliminate sexual violence in facilities. We participated in the
Department of Justice listening sessions. We were able to
inform them on feedback in terms of their proposed standards
for juvenile facilities. We are looking at a standard-by-
standard comment and review that will strengthen those
standards and, ultimately, effectively change the victimization
of youth in facilities. Although there is some concern about
the fiscal impact of implementing the standards, we also
understand you cannot put a price on preventing victimization.
As we look toward solutions to improve the safety of youth
in our care, we look to the Office of Juvenile Justice and
Delinquency Prevention for resources to support technical
assistance. The development and implementation of best
practices which support staff training, youth assessments, and
programs designed to improve the climate in detention
facilities is critical for long-term improvements in the
juvenile justice system. While progress has been made,
certainly the BJS study demonstrates unacceptable failure
throughout the country.
In addition, tools that measure change must also be
available to all the jurisdictions so agencies can benchmark
progress or identify barriers to safe facilities. CJCA is
currently working with OJJDP to develop existing performance-
based standards that will allow for a continuous improvement
process and more effectively show data that reflects concerns
around victimization in our facility.
Thank you for the opportunity to testify.
[The prepared statement of Mr. Warner follows:]
Prepared Statement of Bernard Warner
__________
Mr. Scott. Thank you very much.
Sheriff Morgan?
TESTIMONY OF GABRIEL A. MORGAN, SHERIFF,
NEWPORT NEWS, VA
Sheriff Morgan. Good afternoon, Members of Congress,
especially Congressman Bobby Scott, who has been a lone voice
in the wilderness as it relates to juvenile justice. I thank
you for your efforts.
I am here today to add my voice to the overwhelming body of
work that states that incarcerating juveniles in adult
facilities is dangerous and the practice is counterproductive
in reducing crime.
The number of youth held in adult jails on a daily basis
exceeds 7,500, and the number of youth processed as an adult is
approximately 200,000. In a 2007 study commissioned by the
Campaign for Justice, entitled, ``To Punish a Few, Too Many
Youth Caught in the Net of Adult Prosecution,'' that study
found that two-thirds of approximately 200,000 were subject to
pretrial detention in adult facilities. What that basically
means is that we have so many youths that go into pretrial, and
they are subject to pretty hard circumstances.
The study also discovered that as many as one-half of the
youth prosecuted in the adult system do not receive adult court
conviction. So, although they are going into pretrial, they are
not really being convicted. And they are suffering while being
in adult facilities.
Most youth who were not convicted as an adult spent
approximately a month in an adult facility. And fewer than 25
percent of the convictions in adult court resulted in a prison
sentence. The majority of youth sentenced to probation or given
a juvenile sanction were held in pretrial. When you look at
that, you want to say, what did we really accomplish by putting
them in an adult facility?
In the late 1800's, Illinois instituted a juvenile court
system that subsequently served as a model throughout the
United States. The institution of a juvenile court system was
designed to protect the welfare and rehabilitation of youthful
offenders. This system created the specialized detention
center, training schools, and the youth centers apart from
adult offenders and facilities. Their aims were to provide a
structured, rehabilitative environment in which the education,
psychological, and vocational needs of the youthful offender
could be addressed.
Starting about 1987, juvenile crime started to escalate and
continued on that trajectory until 1996. It should be noted
that the juvenile crime rate has receded. However, a growing
perception exists that the juvenile justice system is
ineffective and we need to treat juveniles as adults.
Nothing could be further from the truth. It is my
observation, and most of the empirical data supports, minors
are granted special civil rights to education, training,
medical and emotional care that are unique to children. These
rights are extremely difficult to enforce in an adult jail
facility. An adult jail facility lacks the resources,
specialized staffing, and the physical plant to deliver
required services.
Youthful offenders often present behavior problems when
they are placed in general population. These same juveniles are
more likely to be victims of brutal crimes that may include
sexual assault. Again, our ability to effectively manage the
juvenile safety is tenuous at best. Most of the time, we are
forced to put them in protective custody or some sort of
administrative segregation for their own protection. This
amounts to additional punishment inasmuch as juveniles are in
isolation cells for the majority of the day.
These findings and many cited in my written submission begs
the question, is this a violation of the Eighth Amendment of
our Constitution? Further, as a civilized body, are we
guaranteeing the provisions of the 14th Amendment due process
and equal protection clause?
In my submission, there is a story about overcrowding in my
facility and the fact that mental health and the inability to
deal with that population and what occurred. The tragedy that
occurred basically prompted something to happen. What we heard
from Mr. Isaac also says that tragedy occurs daily. Many
juveniles have fallen through the cracks.
In my State, at the age of 14 a juvenile can be subjected
to adult jails. As a criminal justice practitioner, I must also
caution of unintended consequences of good-meaning laws. Please
do not saddle us with unfunded mandates that would impossible
to accomplish without additional resources.
Politicians talk about getting tough on crime. We really
need to look at being focused more on prevention,
rehabilitation, and reintegration. We cannot afford to continue
in the manner that we have been going over the last 30 years,
as it results to juvenile justice. We are wasting human
capital, along with money that could provide greater return on
our investment. Prevention is cheaper than correction.
Thank you for allowing me this time.
[The prepared statement of Sheriff Morgan follows:]
Prepared Statement of Gabriel A. Morgan
__________
Mr. Scott. Thank you.
As indicated, we have a series of five votes that will take
at least a half an hour. We will get back as soon as we can.
The Committee stands in recess.
[Recess.]
Mr. Scott. The Subcommittee will now come to order. We have
been joined by the Ranking Member, Judge Gohmert from Texas,
and the next witness to testify is Ms. Bauer.
TESTIMONY OF GRACE BAUER, CAMPAIGN FOR YOUTH VIOLENCE,
WASHINGTON, DC
Ms. Bauer. Afternoon, Chairman Scott and Committee Members.
I am a parent of a child who has been involved with both the
juvenile and adult criminal justice system. I work with the
Campaign for Youth Justice in D.C., organizing families whose
sons and daughters have gone through these systems as well. I
would like to thank you and everyone here today for focusing on
an issue of critical importance that for decades has been
ignored or treated with sneers and ignorance. It is only
through the hard work of many in this room that this issue is
discussed at all.
We have seen the statistics. Within the past year over 13
percent of youth in juvenile facilities reported sexual
victimization by either staff or other youth. In addition,
these abuses extends to youth who are prosecuted in the adult
criminal justice system. Although the BJS study saddens me; it
is not a surprise.
As you listen today to what have become the nightmares of
my life in the past 9 years, I ask that you hear the voices of
the parents and children who are not here before you today.
In 2001, my 13-year-old son, who weighed 90 pounds soaking
wet, was sentenced to 5 years in the Department of Corrections'
custody in Louisiana. I believed that the system would care for
my son and get him back on the right track. Unfortunately, I
could not have been more wrong. In 1998, The New York Times
referred to the facility where my son was held as a place that
many legal experts say is the worst in the Nation.
He had to fight for food and do without when his size
failed to hold off other children who were suffering from
malnutrition and desperation.
Many times we traveled 5\1/2\ hours only to be told our son
was denied visitors that day or was in the infirmary. The times
that we did see him we saw the evidence of the physical abuse
he was enduring day after day, mostly at the hands of poorly
trained and underpaid staff. We saw, on a regular basis, black
eyes, burst eardrums, broken jaws, and broken arms.
After his release, my son was diagnosed with post traumatic
stress disorder and the emotional toll on him and our family
can only be described as complete hell. I wish that I could say
that what happened to my son was a rarity or that we have moved
past that and these things are no longer happening to children.
Let me be very loud and very clear when I say that over the
past 9 years, not 1 week has gone by that I do not hear similar
pleas and cries for help from other parents just like myself in
very similar situations.
Consider a 13-year-old boy who gets put into a cell with an
older, bigger youth and is brutally raped while prison guards
stand outside the cell and place bets on who is going to win
the battle. Or a 14-year old girl who is physically and
sexually assaulted by her father and runs away to live on the
street, then is picked up and locked up and repeatedly raped by
those in authority. And this time she has nowhere to run to. Or
a mother who cannot approach her own son without alerting him
that she is coming because he may have a panic attack or strike
out in blind fear that he is being attacked again.
What I hate most is that, after all of this time, I still
don't have any answers for the families that I talk to. Many
administrators and other State government authorities continue
to doubt the repeated findings of sexual assaults in their
facilities and cannot accept the overwhelming evidence that
this exists.
No one deserves to be violated, and the repeated stories
show that what we can expect of State juvenile system
authorities when it comes to protecting our children, even with
a mandate to keep them safe. While I do not fault individuals
who believe they are acting in a child's best interest, the
blame I do feel is directed at those who have heard my story,
my son's story and the stories of other families, and failed to
act on those experiences.
Therefore, in closing I echo The Washington Post editorial
printed this weekend and call on Congress to reauthorize the
Juvenile Justice and Delinquency Prevention Act, which would
provide protections to youth in both juvenile and adult
facilities.
I also call on the Department of Justice to fully implement
the recommendations of the National Prison Rape Elimination
Commission.
Every day that passes without these policies in place,
countless numbers of children suffer. And if the statistics in
the BJS report are not enough, I ask you to consider that one
of these children who were beaten, raped, and assaulted are the
child's picture that you hold in your wallet.
Try to understand the fear that you would have for your
loved ones in similar situations and imagine, too, the
helplessness of having no way to stop or even address that kind
of sickening violence.
If these were your children, we would not continue to hold
hearings, create commissions, or issue more reports. Instead,
we would do what is right and take action immediately to
protect our future and the lives of our children.
Thank you so much for your time.
Mr. Scott. Thank you Mrs. Bauer.
[The prepared statement of Ms. Bauer follows:]
Prepared Statement of Grace Bauer
ATTACHMENT
__________
Mr. Scott. I would like to move to questions from our panel
under the 5-minute rule. I will start with Mr. Isaac. You can
tell me about the Hands-on Advocacy organization.
Mr. Isaac. Yes, Hands-on Advocacy Group was started about a
year and a half ago. I started when I got out of prison. I was
an independent advocate. So I wanted to give back to the very
community that I took away from. So I went out just looking for
people who needed help.
It got bigger. So Priscilla, she has a not-for-profit and
she is a community education-based not-for-profit and she came
to me and said, You know, you need to have more people to help
you, because you are out there just doing it by yourself. So I
deal with police. I deal with disabilities. I deal with people
who are homeless. I deal with real estate brokers to have them
open up their houses so they can get people off the streets,
and we get them on general relief and get them on SSI, and I
have attorneys that help me with that. So she said, Why don't
you partner with me?
So what we did was doing business as a DBA, and we did a
partnership agreement and we got everything legal and
notarized. And I am with her, but I am in charge of Hands-on
Advocacy Group. And she sits with me as my chief financial
officer. And we are doing grants this year. And we plan on
hiring staff this year because we are going to be covering so
many areas in the city of Los Angeles.
Mr. Scott. Thank you. Ms. Bauer, you made complaints to
various officials. What happened after you made complaints?
What was the response?
Ms. Bauer. I tried to report it to the juvenile facilities
where my son was, but I kept getting shifted from one person to
another over a 3-month period. So I eventually wrote a letter
to Secretary Stalder, the Department of Corrections head in
Louisiana at that point, and I got a form letter back. And that
was all that was ever done to address the assault of my son.
Mr. Scott. Mrs. Smith, what is the status of the PREA
recommendations?
Ms. Smith. The current status is that the Department of
Justice is going through a process where they have a working
group. The working group has had listening sessions really
going over much of the same territory that we have already trod
for 5 years. My understanding is that in the next month or so,
they will be putting our standards out for formal comment
again, and that they actually are not anticipating that a final
rule will issue from the Department of Justice before 2011.
Mr. Scott. Are the recommendations published so that
corrections officials know what the recommendations are?
Ms. Smith. Absolutely. We did an excellent report which is
available on the Web site and we did a great release. And so
what those proposed standards that also are in adult, juvenile,
community corrections, immigration detention facilities, are
available. And as you have heard a number of these
jurisdictions are early adopters.
Mr. Scott. Sheriff Morgan, have they made the
recommendations to local sheriffs?
Sheriff Morgan. Yes, they have. And Congressman, I believe
that at this point, the National Sheriffs Association came back
with some comments or recommendations. And I think those were
already taken under consideration. So I will tell you that my
facility was also surveyed, and I think they did a wonderful
job.
Mr. Scott. Do you see any problem implementing any of the
recommendations?
Sheriff Morgan. Personally? No.
Mr. Scott. Are there costs associated with those
recommendations?
Sheriff Morgan. There could be some costs associated with
it and we are waiting for some interpretation to really
understand where the funding would be, if it is interpreted one
way versus the other. And I think we are waiting on an answer
from them on that now.
Mr. Scott. I have other questions. We will have a second
round. Judge Gohmert.
Mr. Gohmert. Thank you, Chairman. And I do apologize for
going late. It seems we scheduled so many things, but I
reviewed the material last night and I appreciate so much your
participation.
I was curious, Professor Smith, in juvenile facilities
where cameras and electronic monitoring are available, are
there different rates of reporting sexual abuse?
Ms. Smith. I think one of the things that is excellent
about your question is you talk about one of the actual
standards that we recommended, and one of those standards is
specifically that agencies look at how cameras or video
monitoring might help.
I actually don't have the information on whether it is
different or not, but my--what I have heard is that they are a
great help. At the same time, one of our other commissioners
said that a camera never stopped anybody from going over the
fence. And so it is very important that that camera also be
connected with staff training and also accountability as well.
And so we think that they are an important tool, but we
also think that they have to be integrated with the change in
practices and culture by staff.
Mr. Gohmert. Thank you, Professor.
Sheriff, that leads to another question to you. You know,
one of the things that we read is that there is a high
percentage of reported sexual incidents involving female
correctional officers and male inmates. How difficult is it to
ensure--or can you ensure that there are just male guards over
male inmates?
Sheriff Morgan. How difficult it is? I will tell you that
it is not difficult by practice, but it may be discriminatory
by law. And because of that, females are afforded the same
rights as male correctional individuals, and they work all the
jobs and they are interchangeable.
So there is a law issue that we would have to overcome. And
then there is also the question about ratio of staff. Right now
females are an ever-increasing number in the correctional field
and, as a result, you would have to designate positions male-
only to be able to achieve your goal.
Mr. Gohmert. Do you think it is a goal worth achieving?
Sheriff Morgan. No. I believe that a correctional officer
is a correctional officer, whether it be male or female.
Mr. Gohmert. But you are familiar with the high percentage
of female sexual interaction with male inmates, right?
Sheriff Morgan. I am. But again it goes back to training.
It goes back to supervision. It goes back to leadership from
the top and involvement. We have good and bad in every
profession. And to penalize females per se from the ability to
move up and to move throughout the ranks----
Mr. Gohmert. Well, you couldn't penalize them from being
able to move up. I mean, that would be grossly unfair.
Sheriff Morgan. Most places we have more men than women
incarcerated, so they would be limited.
Mr. Gohmert. And you don't want to encourage bringing in
more female inmates. I am being facetious, of course.
Let me ask, Mr. Warner, as a result of your studies, what
would you hold up or recommend as the most model facility you
have encountered?
Mr. Warner. Well, I don't know if I could name a specific
facility, but I could describe the culture within that
facility. And in your State of Texas, Cherie Townsend, who has
taken over the Texas Youth Commission, is doing a great job in
reforming that system. It is, as the sheriff said, about
training staff and about leadership in facilities and with the
zero tolerance against victimization. It is training. It is
identifying vulnerable youth in our systems so that we can
provide appropriate supervision for them and minimize
victimization. I think that it is really around accountability
of staff and making sure that they are doing their job.
So I think it is really a series of tools. It is around the
culture of our facilities. And in se facilities with low rates
of victimization, there is strong leadership that says--that
really dictates boundaries between staff and youth in our care.
And those facilities with high rates of victimization, those
boundaries have dissipated, unfortunately, and youth have been
exploited.
Mr. Gohmert. Do you see cameras as being important in that?
Mr. Warner. I think cameras help. What I would not want is
for staff to rely too much on cameras and believe that they
don't have to be out. What we know is that communication is
critical; That you need to engage with youth and you need to
develop trust with youth in our care. So additional cameras is
helpful, but not as avoidance of paying attention to staff
behavior in facilities.
Ms. Smith. Mr. Gohmert?
Mr. Gohmert. Yes, ma'am.
Ms. Smith. I would actually like to pipe in about
something. You actually asked a question related to cross-
gender supervision. And I recognize that that has been a
standard that has been quite controversial that the commission
has recommended. And I want to say that the commission did not
come to recommend that standard lightly. But since we are
talking about juvenile justice, I think that one of the things
that we have to be very clear is that the legal basis for same-
sex supervision in juvenile settings is quite different than
that in adult settings. In fact, case law is exceedingly clear
that you can have gender-specific supervision in juvenile
facilities because you are concerned about the rehabilitation
of youth.
Mr. Gohmert. Because that really should be the number one
consideration.
Ms. Smith. Exactly. And all of the decisions that have
specifically talked about that have been very specific to say
that you could have same-sex supervision for both males and
females. And so I want to make sure that that is in the record.
And I would be happy to provide authority for that as well.
Mr. Gohmert. I very much appreciate you coming back in.
Thank you.
Thank you, Mr. Chairman, I realize my time has expired.
Thank you.
Mr. Scott. The gentlewoman from Texas.
Ms. Jackson Lee. I thank the Chairman. I can't imagine a
more important hearing. This is devastating, but it is
important. I don't know--frustrated by talking about cameras to
try to control human behavior in attacking the most vulnerable.
I just wish that there was some moral compass that people would
know: Let me stop.
Professor Smith, tell me, is this an epidemic? What has
your research found as relates to these incidences? And let
me--being Open Records Act, I come from the State of Texas and
I know that they had to be part of your research. We had a very
unfortunate period of time of abuse in our juvenile justice
system. And I should take away the word ``justice.'' So tell me
how expensive, how far-reaching, how much of an epidemic is
this? How much of an outcry should be made on this
Ms. Smith. I think that the fact that you are holding a
hearing and the fact that it is so open speaks to how serious
this problem is. It is a long-standing problem. It was a
problem--I mean it has been a problem ever since we have had
prisons. And I think one of the things that was referenced
earlier is that this body's attempt to deal with this problem
has been long-standing and actually goes back at least 10 years
when Congressman Conyers introduced the Custodial Sexual Abuse
Act.
One of the things that I also wanted to take the
opportunity to say--and actually I talked to a number of people
in the audience--while these numbers that the Bureau of Justice
statistics has come forth with are shocking, the fact is, what
do we know about sexual abuse in the community? One, we know
that it is significantly underreported. The people who the BJS
have are the people who actually stepped up and said something.
What you can be sure of is that those numbers are actually
higher. And so to the extent that you talk about that it is an
epidemic, I think that what it is, it is a feature of our
correctional----
Ms. Jackson Lee. I am sorry that I was delayed and missed
your testimony, but would you recommend total elimination of
juveniles in our adult system, in the Federal system?
Ms. Smith. Absolutely. Absolutely. In fact, one of the
recommendations in the commission's report is that juveniles
who are under 18 should not be housed as adults. And one of the
things that I also have to really sort of put a plug in because
I am a resident of the District of Columbia, one of the things
that you know is that the standards will be applicable to the
Federal Bureau of Prisons, and so obviously this will have a
huge impact on Federal know prisoners but it will also have a
huge impact on District of Columbia prisoners who, unlike any
other community in this country, are housed in Bureau of Prison
facilities all around the country.
Ms. Jackson Lee. And you have a lot of juveniles because
this is a city.
Ms. Smith. Absolutely. And in fact there are District of
Columbia juveniles incarcerated in facilities as far away as
North Dakota.
Ms. Jackson Lee. Let me ask Troy, let me thank you for your
courage. And I want to go to Grace as well and express my
concern for these children. And you are how old, Troy?
Mr. Isaac. I am 36 now.
Ms. Jackson Lee. This happened to you when?
Mr. Isaac. This happened from the ages of 12 to 18 in
youth, and then from the ages probably about 20 to maybe 30 or
so in adult correctional facilities. So it has been a long
period of time.
Ms. Jackson Lee. We should be grateful for your
willingness, your sanity, and sanctity. And I know that you are
working on this issue. Give us your bottom line. If we had to
run out right now and do something, what would you tell us to
do? What would be the first thing we needed to rush to do?
Mr. Isaac. As it relates to youth, young people, there has
to be a hands-on approach when they walk through the door. They
have to be advised of their rights. They have to understand
what they are getting themselves into, and they have to be
given a vulnerable assessment format where basically you ask
them questions, and their answers to those questions, you are
able to better place them in the juvenile system, versus
sending them out to a general population yard where they could
be assaulted, beaten and raped like I was. So if you give
someone a choice, then they will be better off.
Ms. Jackson Lee. Did you ever go to your custodian, is
there anybody you thought you could go to?
Mr. Isaac. At the time I was growing up, absolutely not.
Because the same staff members that I needed to trust in
disrespected me, ridiculed me by the way that I looked, by the
way that I talked. There were times when Black fellow inmates
would tell me, You sound like you're White. Whatever that
means. I am just talking like I talk.
Ms. Jackson Lee. Where were you incarcerated?
Mr. Isaac. In California, I was in Central Juvenile Hall. I
was in Los Padrinos Juvenile Hall, I was in the California
Youth Authority Francine Nellis School, O.H. Close in Ventura.
And the adults, I have been in every major--like Pelican Bay
State Prison, Corcoran State Prison.
Ms. Jackson Lee. It is an epidemic everywhere that you
went?
Mr. Isaac. Everywhere that I went, except the California
Correctional Institution. If I had to pick a prison, that is
one prison in California that I would pick because they have
exceptional staff.
Ms. Jackson Lee. We are glad that you don't have to pick it
again.
Could I get Grace, what would be the first thing you would
want this Committee to do, the first thing in terms of the
crisis that your son experienced?
Ms. Bauer. Pass the Juvenile Justice Delinquency and
Prevention Act. Get those protections in place as soon as you
possibly can and pass the PREA recommendations and get them
into place. We have to move somewhere. We just cannot continue
to sit on the fence.
Ms. Jackson Lee. Well, let me thank all of you, all the
witnesses that I did not get a chance to pose questions to you,
read some of your testimony. Let me thank the Chairman and the
Subcommittee Ranking Member for something that should set all
of our hair on fire and should cause us to move with swift and
immediate speed. Thank you. I yield back.
Mr. Scott. Thank you.
Professor Smith, there are several--in the BJS survey there
were several facilities that scored very poorly on this issue;
unfortunately, two of them in my home State of Virginia. What
is being done to--what has been their response and what is
being done?
Ms. Smith. Well, one of the features of the act--I want to
make sure that I get it right--is an institutional review
panel. And my information is that if they are in that high
number, then they actually have had to appear before the
institutional review panel. And I believe that sort of the
transcripts of that appearance should be available. So I think
on that level, that is what is happening with them.
I think on the other level, and certainly something that
the act tried to do and that the standards tried to do is to
sort of shine the light, to put some sunshine on it, and then
have some accountability in the same way that you are trying to
bring some accountability here, to have that accountability
locally.
In terms of litigation, which it seems to me where I wear
my other hat as a litigator, I think I might be writing up a
complaint at this time if I were in that position. But I think
it is very difficult for people to take action in that way
because of significant hurdles that the Prison Litigation
Reform Act represents.
Mr. Scott. You mentioned one hurdle and that is exhaustion,
which is totally inappropriate for a juvenile to have to
exhaust all administrative remedies. There are other hurdles
like physical injury. What impact does that provision have?
Ms. Smith. I think one of the things that is very
interesting is the information in the BJS report where they
talk specifically about whether these assaults resulted in
physical injury. Given that and given what the PLRA said, even
those these are individuals who experienced sexual abuse, if
there was no obvious physical injury they would not have their
day in court. I think that that is really, really problematic.
Mr. Scott. Is there any justification for juveniles to be
under the Prison Litigation Reform Act to begin with?
Ms. Smith. The reality is there is not any justification
for anybody to be under the Prison Litigation Reform Act. But
since you have asked the question about juveniles, given what
we know about juveniles cognitively, it is very difficult for
them to meet those time frames. It is very difficult for adults
to meet it and certainly juveniles wouldn't be able to.
Mr. Scott. Several people have mentioned the Juvenile
Justice Delinquency Prevention Act. Mr. Isaac, what should we
do in that act to improve the situation?
Mr. Isaac. Well, of course, Mr. Chairman, in relationship
to victimization, we know that age certainly IS the indicator
of vulnerability. California is one of the few jurisdictions in
the country that have youth up to the age of 24, young adults
in our juvenile system. But we do separate those youth under 18
from those youth over 18. I think the provisions in the
Juvenile Justice Delinquency Prevention Act certainly enhance
our ability to protect the vulnerabilities of youth in our
care.
Mr. Scott. Are there any changes we need to make in the act
as we reauthorize it?
Mr. Isaac. Well, I think----
Mr. Scott. I mean it has protections now. If we
reauthorize, it gives us opportunity to improve it. Are there
any improvements that you would want to suggest?
Mr. Isaac. I think that there is a general interest in
moving forward with reauthorization and working with what is
currently provided for in the act. I look at it more broadly in
terms of the State's interest and continuing to work with OJJDP
and developing promising programs, and, really as I talked
about, changing the culture in our facilities. So enhancing
beyond the protections, just the opportunity to improve
practices would be tremendous asset.
Mr. Scott. And Professor Smith, just to change the subject
a little bit, and we can come back to this. Is there any
concern about the allegations being lost in ``he said, she
said,'' and whether or not the allegations are actually
accurate?
Ms. Smith. Absolutely. Certainly one of the other standards
that we have is a standard related to investigations. Again, a
very rich source of information is the BJS report where
actually you have an incredible large number of unsubstantiated
and unfounded claims, which means that investigative procedures
are just not really that strong. We believe very strongly that
there should be training and that there should be specific
evidence protocols, so on and so forth, to enhance the ability
to get to the truth and to also substantiate those things.
Mr. Scott. And you wanted to say something about JJDPA?
Ms. Smith. I did. Not being a shy person at all, I actually
had some suggestions about what you might do to improve the
act. Certainly I talked a bit about it in my testimony.
In the Senate bill, there is a provision that for the first
time allows the agency to look at dangerous practices. And
certainly before, you did not look at conditions of
confinement. And I think that that is really useful for the
Office of Juvenile Justice and Delinquency Prevention to do.
And so sexual misconduct and sexual abuse would be a part of
that.
I think another piece that is very important is to have
independent monitoring. Currently, most of the monitoring that
Juvenile Justice--that OJJDP does is through a compliance
monitor system. One of the recommendations, strong
recommendations of the act, is independent monitoring,
independent audits. And I think that that would be very
instrumental and a very important piece for the
reauthorization.
And I think the third thing would be to give OJJDP some
money. Because the fact is that one of the things that we saw
in just the response to the Prison Rape Elimination Act, that
they were not one of the agencies that received funding under
the act. That money went to the Bureau of Justice Assistance,
and, as a result, juvenile justice agencies did not get the
same kinds of support and resources to even begin thinking
about implementing the standards. And I think that they need
their own money and the ability to send that money out to do
technical assistance and training because they are familiar
with those communities and where that money would be best
spent.
Mr. Scott. Thank you. The gentleman from Texas.
Mr. Gohmert. Just briefly. You mentioned some great
recommendations, Professor Smith. Are you familiar with the
overall recommendations of the commission--well, I am sure you
are. You helped on that. Are you familiar with any estimates on
the cost, overall, if all of the recommendations were
implemented?
Ms. Smith. You know, that is very interesting, the cost
issue. Currently, there is a study that is being funded, and I
believe that Booz Allen Hamilton, is doing that study, and I
was very interested to hear Ms. Bauer talk about what happened
and that she wrote a letter to Richard Stalder and did not get
a response. He is one of the people who is consulting on that
study.
Mr. Gohmert. We better run that down then.
Ms. Smith. Anyway, I guess one of the things that I would
say is that the commission takes the position that in looking
at costs, that different jurisdictions are going to be at
different places. And so places like Virginia, or Texas, or
California, who have made a significant investment in running
safe and secure facilities aren't going to have the same costs
as someone else who has not really been doing anything, has
been waiting for the standards to come down, and saying then I
will comply.
I think the commission's position is that the cost of
running constitutional and safe facilities shouldn't be lumped
onto the cost of complying with the standards. There are some
things that you should be doing in any event to run a safe and
secure environment.
We also believe that the costs of not running
constitutional facilities should be a part of that study. So
the amount of money that people have to pay to settle
litigation--for example Michigan, who had to pay $100 million
to settle staff sexual misconduct litigation. So that is what I
would say about the cost, that there is a certain complexity to
it.
Mr. Gohmert. But cost assessments do help. Obviously you
can't put a value on the kind of hell that Mr. Isaac went
through. You cannot put a price on that.
Ms. Smith. Exactly.
Mr. Gohmert. But at the same time, this Committee is not an
Appropriations Committee. And the appropriators always look at
what do you get the greatest return for, on which investment.
So it is one of the things that we do have to inquire about.
Ms. Bauer, I have not asked you a question earlier, and
understanding what Professor Smith is talking about, you have
had such tremendous experience, unfortunately unpleasant, but
we hear from jails and prisons saying the cost of just putting
one inmate per cell is just so high. From what you have seen
from all of your experience, if there were one thing that could
really make more difference than anything else, do you have any
recommendation like that?
Ms. Bauer. I do indeed, and I thank you for asking me that
question. It is clear in my written testimony, but not so in my
oral testimony, that my son was in jail for stealing a $170
stereo out of a pickup truck with two other boys and got 5
years in a Louisiana State training institute at that time.
When we talk about cost, the damage that has been done is
immeasurable to his life and to lots of others, as you have
said. But had my son gotten grief counseling, it would have
cost approximately $28 per session. I did not know that at the
time. He lost his grandmother and if he had gotten grief
counseling at $28 per session for a 6-month period, compared to
$120,000 a year that it cost to house him in the Tallulah
facility, what do you think? And now the State has housed him
for 5 years in the State of Louisiana in an adult facility. So
the cost to taxpayers for my son could have been much cheaper
in the beginning than it has been in the end. When we lock up
nonviolent offenders in these situations we are cutting off our
nose to spite our faces in terms of cost, and it is time that
we had that culture shift, and it is time that people woke up
and realized that there is a major problem in this country with
over-incarcerating individuals because they are poor or
mentally ill.
Mr. Gohmert. Thank you. Thank you all.
Mr. Scott. I would like to thank our witnesses for your
testimony today. We will follow up with the Department of
Justice on the status of the recommendations.
And other Members may have additional written questions
which we will forward to you and ask that you answer promptly
as you can so the answers may be made a part the record. The
hearing record will be remain open for 1 week for the
submission of additional materials. And without objection, the
Subcommittee stands adjourned.
[Whereupon, at 6:25 p.m., the Subcommittee was adjourned.]
A P P E N D I X
----------
Material Submitted for the Hearing Record