Senator Eliot Shapleigh - El Paso, Texas

AUSTIN - The constitutional rights of youths detained at the Evins Regional Juvenile Center in Edinburg have been violated, the Department of Justice has found.

The federal government announced an investigation of Evins last June. The findings were sent to Gov. Rick Perry in a letter from Assistant Attorney General Wan J. Kim on Thursday.

“We conclude that certain conditions at Evins violate the constitutional rights of the youth residents. In particular, we find that children confined at Evins are not adequately protected from harm,” Kim wrote.

The rights of the detained youths are covered by the Civil Rights of Institutuonalized Persons Act (CRIPA).

Public awareness of the problems at Evins began with a riot in 2004.

Among other findings, investigators said the rate of assaults at Evins was approximately five times the national average.

“Our investigation reveled that the unacceptable level of youth violence at Evins results from systemic deficiencies: inadequate staffing, inadequate programming, inadequate classification, and a dysfunctional grievance system,” Kim wrote.

Kim said investigators found that many of the youths interviewed at Evins had “favorable things to say” about specific staff members and indicated that these individuals carried out their job responsibilities in a professional and fair manner.

Kim said investigators also found that in many instances, Evins has taken strong disciplinary action, including termination of employment, against employees who use “inappropriate force techniques.”

However, the letter also states that Evins “fails to adequately protect” the youths in its care from youth and staff violence.

“Our investigation revealed an unacceptably high rate of youth violence at Evins. The atmosphere at Evins is chaotic and dangerous. Youths frequently fight with each other without detection or intervention by staff,” Kim wrote.

Investigators said staff members were unable to manage youths’ behavior due to inadequate staffing.

According to information provided by the Texas Youth Commission, there were 1,025 reported youth-on-youth assaults at Evins in 2005, an average of 2.8 per day. For the first six months of 2006, there were 568 reported youth-on-youth assaults, an average of 3.1 per day.

“This frequency of assaults is a substantial departure from generally accepted professional standards,” Kim wrote.

“Nationally, facilities comparable to Evins typically report an average of 0.241 youth on youth assaults per 100 days of confinement which, for Evins, correlates to 1.235 assaults per 100 days of confinement. Thus, the rate of assaults at Evins is approximately five times the national average.”

Kim said that while the number of youth-on-youth assaults at Evins is “alarming,” the actual number of youth assaults is likely to be even higher than what is reported.

“During our tour, youths consistently reported that there are numerous incidents of youth-on-youth violence about which staff are unaware,” Kim wrote.

Investigators said fights were likely fought in “blind spots” where there were no cameras. Kim lists eight such examples, saying fights are a “regular part of the culture” on the living units.

“Youths consistently reported that they did not feel safe,” Kim wrote, citing the comment of one youth who said: “In a gang you’re not safe, but safer.”

Kim said some youths identified specific members of the corrections staff who they felt were fair and conscientious in executing their duties.

“Nevertheless, our investigation revealed an unacceptably high degree of physical abuse of youths by staff at Evins,” Kim wrote. “We also found a disturbing consistency in the youths’ accounts of the use of unnecessary physical restraint and excessive force by many Evins’ staff.”

Kim listed five examples.

Kim said investigators also reported that staff felt they were not adequately trained.

Kim lists a nine-point remedy plan, including ensuring that all youths are adequately protected from physical violence from staff and other youths.

The remedy must also include providing adequately trained staff to safely supervise the residents at all times, Kim wrote, as well as ensuring that there is an adequate and appropriated behavior modification system in place.

If the remedies are not addressed, Kim wrote, the Attorney General could initiate a lawsuit pursuant to CRIPA “to correct deficiencies of the kind identified in this letter 49 days after appropriate officials have been notified.”

Kim sent copies of the letter to Texas Attorney General Greg Abbott, Edward Glenn Owens, the acting executive director of the Texas Youth Commission, Neil Nichols, general counsel of the Texas Youth Commission, Bart Caldwell, superintendent at Evins, and U.S. Attorney Don Degabrielle, Jr.

The constitutional rights of youths detained at the Evins Regional Juvenile Center in Edinburg have been violated, the Department of Justice has found. In a letter sent Thursday, Gov. Rick Perry was told assaults at the unit were five times the national average.

AUSTIN - The constitutional rights of youths detained at the Evins Regional Juvenile Center in Edinburg have been violated, the Department of Justice has found.

The federal government announced an investigation of Evins last June. The findings were sent to Gov. Rick Perry in a letter from Assistant Attorney General Wan J. Kim on Thursday.

“We conclude that certain conditions at Evins violate the constitutional rights of the youth residents. In particular, we find that children confined at Evins are not adequately protected from harm,” Kim wrote.

The rights of the detained youths are covered by the Civil Rights of Institutuonalized Persons Act (CRIPA).

Public awareness of the problems at Evins began with a riot in 2004.

Among other findings, investigators said the rate of assaults at Evins was approximately five times the national average.

“Our investigation reveled that the unacceptable level of youth violence at Evins results from systemic deficiencies: inadequate staffing, inadequate programming, inadequate classification, and a dysfunctional grievance system,” Kim wrote.

Kim said investigators found that many of the youths interviewed at Evins had “favorable things to say” about specific staff members and indicated that these individuals carried out their job responsibilities in a professional and fair manner.

Kim said investigators also found that in many instances, Evins has taken strong disciplinary action, including termination of employment, against employees who use “inappropriate force techniques.”

However, the letter also states that Evins “fails to adequately protect” the youths in its care from youth and staff violence.

“Our investigation revealed an unacceptably high rate of youth violence at Evins. The atmosphere at Evins is chaotic and dangerous. Youths frequently fight with each other without detection or intervention by staff,” Kim wrote.

Investigators said staff members were unable to manage youths’ behavior due to inadequate staffing.

According to information provided by the Texas Youth Commission, there were 1,025 reported youth-on-youth assaults at Evins in 2005, an average of 2.8 per day. For the first six months of 2006, there were 568 reported youth-on-youth assaults, an average of 3.1 per day.

“This frequency of assaults is a substantial departure from generally accepted professional standards,” Kim wrote.

“Nationally, facilities comparable to Evins typically report an average of 0.241 youth on youth assaults per 100 days of confinement which, for Evins, correlates to 1.235 assaults per 100 days of confinement. Thus, the rate of assaults at Evins is approximately five times the national average.”

Kim said that while the number of youth-on-youth assaults at Evins is “alarming,” the actual number of youth assaults is likely to be even higher than what is reported.

“During our tour, youths consistently reported that there are numerous incidents of youth-on-youth violence about which staff are unaware,” Kim wrote.

Investigators said fights were likely fought in “blind spots” where there were no cameras. Kim lists eight such examples, saying fights are a “regular part of the culture” on the living units.

“Youths consistently reported that they did not feel safe,” Kim wrote, citing the comment of one youth who said: “In a gang you’re not safe, but safer.”

Kim said some youths identified specific members of the corrections staff who they felt were fair and conscientious in executing their duties.

“Nevertheless, our investigation revealed an unacceptably high degree of physical abuse of youths by staff at Evins,” Kim wrote. “We also found a disturbing consistency in the youths’ accounts of the use of unnecessary physical restraint and excessive force by many Evins’ staff.”

Kim listed five examples.

Kim said investigators also reported that staff felt they were not adequately trained.

Kim lists a nine-point remedy plan, including ensuring that all youths are adequately protected from physical violence from staff and other youths.

The remedy must also include providing adequately trained staff to safely supervise the residents at all times, Kim wrote, as well as ensuring that there is an adequate and appropriated behavior modification system in place.

If the remedies are not addressed, Kim wrote, the Attorney General could initiate a lawsuit pursuant to CRIPA “to correct deficiencies of the kind identified in this letter 49 days after appropriate officials have been notified.”

Kim sent copies of the letter to Texas Attorney General Greg Abbott, Edward Glenn Owens, the acting executive director of the Texas Youth Commission, Neil Nichols, general counsel of the Texas Youth Commission, Bart Caldwell, superintendent at Evins, and U.S. Attorney Don Degabrielle, Jr.