Feds find fault with juvenile detention facility

The U.S. Department of Justice has charged the Terrebonne Juvenile Detention Center with allegations of civil rights violations on the part of staff toward inmates that include improper supervision, sexual misconduct, unnecessary physical restraint, inappropriate use of pepper spray, and excessive application of isolation.

Terrebonne Parish President Michel Claudet along with Terrebonne Parish Juvenile Detention Center Director Jason Hutchinson and Parish Manager Al Levron conducted a news conference Thursday in response to the 26-page report from Assistant Attorney General Thomas Perez, that they had received last Monday, in which Perez documented findings of an on-site investigation of the juvenile detention center from March 22-25, 2010.

The investigation stemmed back to April and May of 2009, when six male correction officers and one female correction officer, including two supervisors, were arrested on charges that they had allegedly exchanged sex for privileges and engaged in mistreatment of the juvenile inmates. The female officer was specifically charged with obstruction of justice. The incidents, according the Justice Department report, occurred between the dates of April 29, 2008, an April 28, 2009. An additional former correction officer was also arrested in connection to the allegations.

On June 24, 2009, a grand jury returned an eight-count indictment against a night shift supervisor, and alleged that he had engaged in unlawful lewd behavior and sexual conduct with four female inmates between the ages of 15 and 16.

On July 13, 2009, the grand jury returned an indictment against a second corrections officer and alleged sexual misconduct with two detained females ages 15 and 16. During that time period Terrebonne Parish attorney Courtney Alcock bypassed the grand jury and brought charges against four other correctional facility employees that related to custodial sexual misconduct.

The Justice Department report revealed that since February 2009 a total of 15 incidents of staff misconduct had been investigated at the facility. It was also noted that in each case staff members were held accountable for their failure to follow required procedure and improper treatment of inmates.

During the news conference, Claudet said that his administration had cooperated with the Justice Department investigation, and stressed that he was concerned about the severity of the allegations. He also suggested that more jobs might be on the line at the corrections facility and in turn left open the possibility that added charges against correction facility employees could take place.

“We have been discussing this with council members [and] have also contacted the judiciary and the district attorney’s office concerning this,” Claudet said to open the news conference. “[We] are working toward resolving the matters in that report.”

Claudet said the report listed several remedial measures, of which his administration had already addressed 60 percent of the matters with remaining items expected to being dealt with within 60 days. “We’ve also contacted and spoken directly with the Department of Justice concerning the report,” he said.

Department of Justice investigators are expected to return to Terrebonne Parish in two months to review procedures and verify that officials have taken appropriate steps in resolving the complaints.

Claudet said in relation to the incidents of 2009, six employees were terminated and two people who were no longer employees at the time the allegations were made we also arrested in addition to the remaining six employees.

“We have taken very seriously these matters and have installed a number of items in effect,” Claudet said. “We received an exit letter on April 22, 2010 [related to the March 2010 Justice Department inspection]. … They had two primary items that were pointed out and these were immediately addressed and completed within the first 60 days. We have [added] an additional person to assist on our night shifts … who is working as additional disciplinary procedures and is certain that all the procedures have been followed and will continue to be followed.

“I want to point out to you that when we got the April 22 letter there were certain things in particular that … I read it and it talks about cooperation and professionalism. It says, ‘We thank you for the continued cooperation and professionalism, the positive working relationship we have developed. We have confidence that the facility leadership will effectively address these issues.'”

The same letter also pointed out that records in the juvenile corrections facility had been “routinely falsified by staff” and that there was a lack of effective youth supervision during the overnight shift.”

Claudet acknowledged areas for needed improvement, and then stated that his concern was in part the difference in attitude between the April 22, 2010, letter, which he took as constructive criticism, and the final report, which was far more accusatory.

“To say I was somewhat surprised by the report that we received on Monday, which was that nine months later, which is to say, it would be an understatement,” Claudet said.

“I’m surprised [because] if you look at [the report] obviously it appears to be a serious document. There is no question. Whereas, they had just gotten out of the facility and we have this information, ‘Oh, your facility leadership’ it says ‘would work to effectively address these issues … to continue cooperation and professionalism.’ When they first came and I met them, I wasn’t there for the exit interview, but when I read this it appears to be quite serious allegations, which I would have thought they would have been knocking on my door the next day. If they had called me or told me something or done something I would have been more than happy to address these issues even quicker,” Claudet said. “Here is April 22, [2010] they leave and it’s Jan. 18, [2011]. I’m just at a loss as to how a report I would consider to have serious allegations would take so long to be produced. Or why [it was not] followed up on a much quicker basis.

“Going through the report it talks about various remedial actions and, again, we immediately jumped on that. Jason [Hutchinson] has already prepared a draft of a response to the letter and we’ve contacted what we feel are all the necessary individuals, and a couple of the major points in this report we feel are items you would have questions about,” Claudet said.

Levron noted that the juvenile detention center has been in place since September 1998 and operated during most of the past 12 years without reports of improper activity on the part of staff members.

“To the best of my knowledge, but for the recent incident, there has not been any indication that there was any trouble with respect to technical violations of any of the youth rights,” Levron said. “The nine months lapsing between the April [2010] letter and the January [2011] letter certainly leave one to believe that if there were some issues of concern they probably would not have been major. One would reason that if it were of great consequence this letter would have been delivered immediately. Unfortunately, nine months elapsed and here we are in January and we are attempting to resolve and make sure the parish is in full compliance with all these issues.”

Levron said that at the time Justice Department investigators were touring the facility there was no indication of them spotting criminal activity or technical violations of the intent of incarceration of youths at the center. “We are pledging our cooperation and desire to get this behind us,” he said.

Claudet noted that while the Justice Department report listed damaging charges, the facility had received exemplary marks regarding educational aspects.

Hutchinson has been director of the facility since it opened and according to Claudet, other than the current report of issues, there has not been one call or complaint made in regard to Hutchinson’s management.

“Since the beginning of the [juvenile detention center] opening we’ve booked about 10,000 children,” Hutchinson said. “In April 2009 I had received a phone call from the detective’s bureau with the Terrebonne Parish Sheriff’s Office that one of our residents that had gotten out of the facility had lodged a complaint. The resident that lodged the initial complaint was not actually in the facility at the time it happened. When the complaint was lodged it was brought to law enforcement from the outside.

“They instituted an investigation in bringing in the difference children and through questioning them they started indicating that there were concerns and there may have been others involved in this activity. Now it is pretty well documented. We had those that were still arrested,” Hutchinson said.

After an initial eight individuals were arrested in connection with the allegations mentioned in the Justice Department report, four additional individuals have been terminated for breaches of policy. “Some [of these] were violations to policies we began implementing 10 months ago,” Hutchinson said.

Hutchinson explained that regardless of those allegations listed in the Justice Department report, many of the standards expected by both state and federal agencies have changed as juvenile detention facilities have been undergoing a shift from detention centers to ones of treatment and therapy.

Hutchinson said some of the complaints issued in the Justice Department report could be corrected by adding a page of new requirements to existing forms. He also noted that many of the individuals at the Terrebonne Parish Juvenile Detention Center have mental and behavioral issues that need to be addressed differently than those who are there because of blatant criminal activity. He said that although the facility is designed to prevent opportunity for suicidal attempts, there have been children present with those tendencies that will go as far as trying to harm themselves by twisting clothing around their necks. He did not say how often this action takes place but did say there had never been a suicide committed at the facility.

“We’re already moving in the direction [of making improvements]. The education program is already top notch at our facility. That’s because of the direction we want to go. We want to create a facility that is more than just a penal type of home. My whole focus right now is on the 28 measures to make sure that those that are not in compliance we adjust. It’s all about being the very best you can be,” Hutchinson said.

Hutchinson said that his facility is already ahead of the Justice Department recommendations because changes were being made following the inspection in March 2010.

Talk has been offered on building a new juvenile detention facility that moves away from a jail-like setting and more into the realm of a treatment center. Neither Claudet nor Hutchinson said if the Justice Department report helps in justifying that project.

“I have a personal goal that we would have a new facility no later than Aug. 1,” Hutchinson said. “But in order for that to happen there are some courses that we have to get certified in to teach our own employees [on property procedures].”

As for what he expects to be the next step in the Justice Department investigation, Claudet admitted he was not certain. “It’s not like I deal with this every day,” he said.

Terrebonne Parish Juvenile Detention Center Director Jason Hutchinson (left) is joined by Parish President Michel Claudet and Parish Manager Al Levron as they address U.S. Justice Department findings of mismanagement of the correctional facility. MIKE NIXON