The state of
Hawaii announced an agreement with the Department of Justice
on Tuesday to make "sweeping and comprehensive changes" at
its only youth prison, hours after a federal judge
ordered an end to the abuse of its inmates.
The announcement came after U.S. district judge
Michael Seabright granted a preliminary injunction
against the Hawaii Youth Correctional Facility in a
lawsuit brought by the American Civil Liberties Union on
behalf of LGBT youth. The 77-page, detailed injunction
said court records were "replete with documents and
testimonial evidence demonstrating verbal harassment
and abuse" of inmates by prison officials. It added that
supervisors were aware of abuse, "yet they took no
meaningful steps to remedy the conditions."
Lois Perrin, legal director for ACLU Hawaii,
said the injunction would ensure that inmates "are
free from discrimination and abuse, which is rampant
at that facility." "It was horrific," Perrin said.
"Our clients feel very vindicated." Seabright is waiting for
the ACLU and the state to agree on the language for a
final order, which Perrin expects to be issued in a
few weeks.
Gov. Linda Lingle expressed concern about the
conditions cited by the court. "We accept Judge
Seabright's findings, and I am very troubled by the
conditions he describes," she said. "Harassment of any of
the wards at the HYCF, whatever their race, gender, or
orientation, is totally unacceptable. Harassment will
not be tolerated."
Hawaii attorney general Mark Bennett said the
state was "disappointed" that the court found
conditions so severe. "We are going to need to move on
and make certain that what Judge Seabright finds did
occur and won't happen again," he said. "Everybody
connected with the facility is saddened by these findings."
Bennett said the three-year deal between the
state and the Justice Department is designed to ensure
that there are polices to protect inmates' rights and
to provide them with grievance procedures. The state
also said it has hired a national expert on secured youth
facilities to assist. "These are problems that cannot
be fixed overnight," Bennett said. He said he could
not estimate how much the changes would cost.
The lawsuit, filed in September, declared that
immediate action is needed at the troubled Kailua
prison, which the Justice Department described as
"existing in a state of chaos" in a highly critical report
last summer. In October a former guard there was
sentenced to 90 days in jail and five years' probation
for grabbing and twisting a teenage inmate's genitals
through his clothing. Bennett said recent problems should
not be attributed to Lingle's administration because
they have been present since the 1980s. He said since
the Republican governor took office, the state has
brought down the number of youths at the prison and raised
salaries of staff.
Perrin, however, said the state hasn't kept its
word to significantly improve the prison. "We are very
dubious, because 2-1/2 years ago, the administration
promised that it would make certain changes," she
said. "Since that time, very little has changed." (AP)