Judge approves TYC settlement

McALLEN - A federal judge has approved a settlement between the U.S. Justice Department and the state of Texas, ending a three-month dispute over civil rights violations at Evins Regional Juvenile Facility.

U.S. District Judge Ricardo Hinojosa signed the finalized agreement Monday, the TYC announced Wednesday.

During multiple hearings earlier this year, Hinojosa expressed reservations about initial drafts of the settlement agreement.

The commission's conservator, Richard Nedelkoff, hailed the final agreement as a "critical milestone" for the safety of inmates at the Edinburg youth detention center.

"If we are to have any success in rehabilitating youth, we must first provide them a safe and responsive environment so they can concentrate on their treatment programs, instead of worrying about being in danger," he said in a statement.

The U.S. Department of Justice sued Evins and the state after an investigation revealed employees failed to protect inmates from staff abuse and youth-on-youth violence.

The state and federal governments also issued a proposed settlement agreement the same day that:

l established guidelines for maintaining safe living conditions,

l required the facility maintain adequate staffing levels,

l restricted the use of youth restraints,

l and assured employees and youth that they could report abuse without fear of retaliation.

Hinojosa refused to approve the order in March, saying it did not contain adequate criteria for him to measure progress.

The approved settlement does not alter any of the changes originally proposed in February but includes timelines for reforms at the facility. Both parties will be back in court in one year to determine whether Evins has complied with the settlement's orders.

It also calls on the youth commission to hire a compliance coordinator that would monitor reform efforts at Evins. Nedelkoff named Sylvia Martinez, a 12-year veteran of the commission, to serve in that role.

She has previously worked as the southern regional director for the agency and as a parole supervisor in the TYC's Harlingen district office.

State lawmakers have already addressed several of the reform measures outlined in the settlement as part of a commission-wide review that became a centerpiece of the 2007 legislative session. But many of the changes stipulated in the law have yet to fully implement at Evins and the other 24 facilities across the state.

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Jeremy Roebuck covers courts and general assignments for The Monitor. You can reach him at (956) 683-4437.