Justice Department sues TYC, Evins facility

EDINBURG — The Texas Youth Commission has agreed to change safety procedures at Evins juvenile detention center to address federal findings that staff members have violated inmates’ civil rights.

In a lawsuit filed late last week by the U.S. Department of Justice, attorneys claim TYC “has engaged … in a pattern … of failing to ensure that the youth at Evins are adequately protected from harm.” It also cites several incidents of staff assault and youth-on-youth violence over the past several years.

“Unless restrained by this court, (the agency) will continue to engage in the conduct and practices,” the document states.

The suit stems from a 2006 investigation launched after several complaints of abuse surfaced at the facility, which has been the site of several inmate riots and the target of lawsuits by prisoners and former staff members.

Progress

Under a proposed settlement with the federal government, the agency agreed on Friday to provide youth with reasonably safe living conditions and ensure they are protected from violence.

Other stipulations require that agency staff:

* only use restraint — including pepper spray — to maintain security, not to punish inmates;

* provide adequate staffing levels to protect youth from harm;

* develop procedures to allow staff and inmates to report abuse and sexual misconduct without fear of retaliation;

* and appoint a special staff member whose sole responsibility is to meet the requirements of the proposal.

A TYC spokesman was not aware of the legal action on Monday and refused to comment about its specific stipulations.

State Rep. Aaron Peña, D-Edinburg, whose district includes the troubled detention center, said there is already some progress to note.

“It’s better than it was,” he said. “But there’s still much to be done. The entire TYC system was dysfunctional.”

State lawmakers have already addressed several of the reform measures outlined in the Justice Department suit as part of an agency-wide review that became a centerpiece of the 2007 legislative session.

Legislators and youth advocates demanded TYC be restructured after new reports of abuse were filed at facilities across the state.

Three-year deadline

A bill the governor signed in June gave control of the agency to a single, full-time executive commissioner rather than a part-time volunteer board and increased oversight for outside groups. The measure also required a 1-to-12 staff to inmate ratio and removed youth

charged with misdemeanors from the TYC unit.

Many of those changes have not yet been fully implemented at Evins and the other 24 TYC facilities across Texas, said state Sen. Juan “Chuy” Hinojosa, D-McAllen, who authored the reform bill.

“It takes a while to change the direction of a ship,” he said.

Chief among his remaining concerns is the agency’s policy on the use of pepper spray.

“It’s a violent reaction that will only encourage more violence,” Hinojosa said.

Last month, guards at Evins used pepper spray to regain control of a fight involving as many as 18 juveniles.

While TYC policy allows guards to use it as a last resort to prevent violence or injury, the agency reported more than 1,220 incidents involving pepper spray last year, compared to 196 in 2006.

Repeated turnovers in leadership at the Evins facility have also raised concerns.

Current Superintendent Melody Vidaurri took over the Edinburg facility on Oct. 1, after the facility’s previous head left after five months on the job. His immediate predecessor was fired for performance problems, according to TYC.

Friday’s proposed settlement has not received formal approval from a judge, but TYC lawyers and U.S. attorneys have agreed to all of the stipulations, according to court documents. A court hearing is set for April 9.

Once a final judgment is in place, the agency must immediately begin implementing reform measures and complete them within three years, the document states.

“I know that staff at Evins is more optimistic,” Hinojosa said. “But there’s still a whole lot of work that needs to be done.”

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