First phase of youth facility probe done

By Peter Boylan
Advertiser Staff Writer

Federal investigators have finished the first phase of a civil-rights investigation into conditions and practices at the Hawai'i Youth Correctional Facility and are working to compile their findings to deliver to the state early next year.

Two investigators with the U.S. Department of Justice and two independent juvenile justice experts from Washington, D.C., were at HYCF last week conducting an inquiry. The probe is not criminal in nature, but instead is aimed at finding whether the constitutional rights of wards are being violated.

The investigation comes a year after a critical report by the American Civil Liberties Union detailing allegations of rape, brutality and crowding at the facility. The August 2003 report was critical of living conditions and programs, as well as the treatment of the wards by some adult guards.

The investigation was initiated under the Civil Rights of Institutionalized Persons Act. Enacted by Congress in 1980, the act addresses the rights of individuals who reside in institutions run by the government.

Under law, the Justice Department may investigate if there is reasonable cause to believe that a state or a state agency is engaged in a pattern or practice of depriving institutionalized individuals of their constitutional rights.

Lois Perrin, ACLU legal director, met with Justice investigators last week, and said that the impression she got from them was not favorable.

"I was left with the distinct impression that a scathing report will be issued by the DOJ in approximately three to four months," Perrin said. "I expect a report that confirms many of the concerns raised by the ACLU and I suspect that there are other problems out there as well with respect to the staff."

Sharon Agnew, director of the Office of Youth Services, the state department responsible for HYCF, said there was a "wonderful attitude of cooperation" while the investigators were in town.

She said she got the impression that investigators were impressed by improvements made at HYCF since the ACLU report was released.

Reach Peter Boylan at 535-8110 or pboylan@honoluluadvertiser.com.