LA Juvenile Hall Audit Finds Problems Involving Pepper Spray, Force Incidents, Lack Of Supervision

Problems With Pepper Spray, Force Incidents, Lack Of Supervision Found At LA Juvenile Hall
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The Los Angeles County Probation Department is stumbling in its implementation of reforms demanded by the U.S. Justice Department at juvenile halls, according to a recent audit.

In a report to the county Board of Supervisors, Auditor-Controller Wendy Watanabe explained her office continued monitoring the juvenile halls after the DOJ concluded in 2009 that the department had already completed the reforms listed in a consent decree.

After an audit early last year, she noted, "Probation was not always complying with all the settlement agreement requirements."

Follow-up audits -- one at the beginning of this year, and another conducted recently -- tracked the problems and found they had not been corrected.

"Overall, Probation has not made significant progress," Watanabe wrote in her report.

Probation deputy chief Sharon Harada said the department strives to fulfill the consent decree as much as possible.

"We do internal checks but it's a daily process and we have three shifts in every juvenile hall," Harada said.

"We do the best we can," she added. "We always want to be in compliance. Sometimes, we are not always 100 percent, but we are definitely trying."

The audit found that juvenile hall staff sometimes abandoned minors who required "enhanced supervision," and pepper sprayed minors despite risks to their health.

It also noted that supervisors did not always properly review incidents of staff resorting to force against minors.

"Probation management needs to continue to ensure that supervisors conduct timely and thorough reviews of use of force incidents (i.e. involving soft restraints, chemical restraints, or physical interventions)," the audit said. "Probation management also needs to ensure that staff members do not leave their assigned post, or leave minors unattended while on enhanced supervision status."

The audit found an instance where a staffer left 10 minors unattended. There were also cases where staffers left one or two minors without supervision.

Staff at the juvenile halls are supposed to list the names of minors who cannot be subjected to pepper spray because they're on psychotrophic medication or have fragile medical conditions, such as heart disease and asthma.

The audit, however, found that six of the 48 minors pepper sprayed from December 2012 through February 2013 were on that "do not spray" list.

In a letter to Watanabe, Probation Chief Jerry Powers explained three of the minors were involved in a gang fight, two others were trying to escape, and one minor was assaulting staff, making the use of pepper spray "acceptable under the circumstances."

He acknowledged, however, that staff should have immediately reported their use of pepper spray, and referred the minors to mental health consultation afterwards.

Not all of the staff had the required pepper spray canisters. During the audit, two had to retrieve theirs from their car and their locker, another admitted having left hers at home, while another said his had been stolen over a month ago.

One staffer's canister was missing nine bursts of pepper spray. She said it was because she had dropped it at home a month before, causing it to discharge.

Powers agreed with the findings of the audit, and said "corrective action" is underway.

"Additionally," he added, "Probation's internal audit team has conducted random audits at the juvenile halls to identify deficiencies in staffing, specifically in the supervision of minors who have been placed on enhanced supervision status."

Powers said staffers have been provided written instructions on proper procedure. In at least one case, disciplinary action is being considered.

On the plus side, the audit found that Probation has been able to implement strategies for reducing youth-on-youth violence, including training staff in behavior management and response to gang dynamics.

(c)2013 the Daily News (Los Angeles)

Visit the Daily News (Los Angeles) at www.dailynews.com

Distributed by MCT Information Services

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Before You Go

"Juvenile In Justice" Photographic Series
(01 of11)
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A.N, age 18, from Opalaka. He will be here for four months according to the court. He is here for burglary, and has ten open cases of more burglaries from the past. He has been here six times, or more. His parents don't live together, his mom is an outreach worker, his dad does trucks. He did not attend school outside The Center. He went to a program called CATS, and spent six months in a moderate risk program. He has three brothers and a younger sister, another sister died very young from health conditions.Miami-Dade Regional Juvenile Detention Center (Juvenile Justice Center), 3300 Northwest 27th Avenue, Miami, Florida, 33142. The Center is run by the Department of Health and Rehabilitative Services and has a maximum bed population of 226, but can exceed that number by more than 100. According to their own material, The Center has an average length of stay, per youth, of 13 days. "Juvenile In Justice," Richard Ross. (credit:Richard Ross)
(02 of11)
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At the Youthful Offender System facility in Pueblo, Colorado. The Orientation Training Phase is set up to run like a boot camp."Juvenile In Justice," Richard Ross. (credit:Richard Ross)
(03 of11)
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C.C, age 16, an 11th grader, has been here one week. I ask him “How was lunch?” and he responds, "Junk." He is under court order to stay isolated from other kids. While the room has a capacity of 8, only 3 boys are staying in the room. C.C was adopted and has been in foster care for about 11 years. He committed a crime when he was in 7th grade –- residential burglary -- but nothing really bad since then, just lots of probation violations, like being tardy to school, and not appearing at his parole officer meeting. He says that "drug court saved my life." His mom is into drugs and his dad was deported to the Phillippines. C.C. has three sisters and lets me know that all the kids are split up. He sees them once in a great while. The only person who visits him is his YMCA drug counselor.Hale Ho'omalu Juvenile Hall, Honolulu, Hawaii. At the time these images were shot, the facility was under a Memorandum of Understanding from the Department of Justice; It has since been shut down and replaced with a new facility."Juvenile In Justice," Richard Ross. (credit:Richard Ross)
(04 of11)
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Mendota Juvenile Treatment Center is on a historic native American encampment on Lake Mendota, WI. Average stay here is 8 months. It houses 29 individuals at a time and is always at full capacity. The units are for emotionally and mentally disturbed juveniles, some of which are self-abusive or suicidal. Kids are here not for the severity of their crime but for their failure to institutionalize their behavior. Kids must be released at age 18, sometimes with no transition options available to them. The facility operates on a basis of treatment and punishment when needed."Juvenile In Justice," Richard Ross. (credit:Richard Ross)
(05 of11)
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D, age 16, from Seattle. At home, he lives with his mother, ten-year-old brother, and step father. He does not know his real father. He doesnât like school and has been suspended. He spends his time at home hanging with his friends. He has two older brothers and one older sister, all in their 20s+, and they all don't live at home. He has been at King County for about a week and has been here 3 other times. They are thinking of moving up his charges to Robbery 1. He might be going to a decline status, not an auto decline, a person on person crime. He might be going to RTC to break the detention cycle.King County Youth Service Center houses the Juvenile Detention Center, Juvenile Court and Juvenile Court Services, as well as juvenile divisions of the Prosecuting Attorney's Office and the Department of Judicial Administration. The Youth Service Center is located in Seattle's Central District neighborhood."Juvenile In Justice," Richard Ross. (credit:Richard Ross)
(06 of11)
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July 2010, Gabriel is small African American kid in cell. He is viewed through window as well. 14 year old. Been here for a week. In Observation room. He goes to class in the AM and then comes back to his room; he doesn't read, doesn't watch TV. He sits in the cell. He eats in the cell. He was supposed to come home today, but his Aunt didn't come. He can't live with his mother nor father. Iâve been here three times before. This is the longest. So his aunt doesn't visit. She is never sure when the visiting days are. He didn't tell his aunt that he is here (she has to be notified) He is low functional. He has a very slow mannered speech. CPS must be involved as well. He has been charged with battery against his aunt. Caldwell Southwest Idaho Juvenile Detention Center. Kids aged from 11-17 years old. When they turn 18, they are released to an adult institution. Discretionary days-violation of probation, stays at the facility for a while. Prison population contains more Hispanic youths than the general population. Isolation Cells. Kids eat in cells. Average stay is 14 days, some kids stay longer. "Juvenile In Justice," Richard Ross. (credit:Richard Ross)
(07 of11)
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Caldwell Southwest Idaho Juvenile Detention Center. Kids aged from 11-17 years old. When they turn 18, they are released to an adult institution. Discretionary days-violation of probation, stays at the facility for a while. Prison population contains more Hispanic youths than the general population. Isolation Cells. Kids eat in cells. Average stay is 14 days, some kids stay longer. (Multiple values) There are six girls here today.2 of the girls runaway/curfew violations.1 lewd and licivious conduct, molestation abuse1 controlled substance1 trafficking methamphetamine1 burglary and marijuanaDrugs of choice are meth, weed, a SLIGHT rise in Spice-Salvia)"Juvenile In Justice," Richard Ross. (credit:Richard Ross)
(08 of11)
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I have been here about three weeks. I got picked up for VOPNot much to do here. Mostly I write on the wall. I really don want to talk to you.- A.W, age 16Harrison County Juvenile Detention Center in Biloxi, Mississippi is operated by Mississippi Security Services (formerly the Biloxi City Jail) currently run by Director Warden. A fire in 1982 killed 27 inmates. There is currently a lawsuit against them, which has forced them to reduce their inmate population. They must now maintain an 8:1 inmate to staff ratio. "Juvenile In Justice," Richard Ross. (credit:Richard Ross)
(09 of11)
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Washoe County Detention Facility, Reno, Nevada. Built in 2004 for a capacity of 108, all juveniles here are pre-adjudicated. The facility holds youth for up to 30 days before transferring them to commitment."Juvenile In Justice," Richard Ross. (credit:Richard Ross)
(10 of11)
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(11 of11)
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"Juvenile In Justice," book cover by Richard Ross. (credit:Richard Ross)