FRANKFORT, KY (October 12, 2023) – Senator Brandon Storm, R-London, led a meeting of the statutory Legislative Oversight and Investigations Committee (LOIC) meeting on Thursday as lawmakers posed questions to officials of the Kentucky Justice and Public Safety Cabinet (JPSC) and Department of Juvenile Justice (DJJ), and heard concerns from Kentucky Department of Public Advocacy (DPA) representatives.

BACKGROUND

Incidents of rioting and violence directed at staff and other youth, including sexual assault, have been widely reported. Lawmakers responded during the 2023 Legislative Session, creating a DJJ work group, ultimately resulting in comprehensive reforms and substantial funding to address the crisis within the agency. Lawmakers have made continued calls for accountability, but there has been little action by Governor Andy Beshear’s administration to root out what some lawmakers have called a toxic culture within DJJ.

Thursday’s meeting focused on the use of oleoresin capsicum spray, commonly known as pepper spray, ongoing investigations within DJJ, and the conditions of youth at juvenile detention centers.

CONDITIONS OF YOUTH – REPORTS OF ISOLATION, DUE PROCESS RULES NOT FOLLOWED

Officials from DPA, which represent those charged with a crime but cannot afford an attorney, addressed concerns for accused youth in the state’s care, reporting findings regarding the Adair Youth Detention Center (AYDC) that included isolation of youth in breach of policy.

DPA representatives testified that isolation may not be used as a form of punishment and may only be utilized if there is a major rule violation, such as sexual harassment or an attempted escape. Representatives also outlined due process rules. DPA—citing DJJ documents, reports from DJJ through open records requests, interviews with employees, and client files—found the facility placed youth in “non-behavioral isolation” without following due process policies.

Cases cited included youth being left in a cell after being pepper sprayed without being properly decontaminated, lack of access to grievance forms, no access to mental health treatment, and more.

A DPA official represented an argument that prolonged use of isolation has been shown to increase aggressive behavior. DPA officials also expressed frustration with DJJ, saying they used to meet monthly with the agency to share concerns but ceased meeting because they felt their concerns were not being heard.

In response to DPA testimony, officials with JPSC and DJJ denied knowing the information cited. They said isolation, as described, is not currently happening in youth detention facilities.

“No reasonable person can expect us to respond to something we haven’t seen,” JPSC Secretary Kerry Harvey said.

INVESTIGATIONS

An initial report from the Adair Community Voice in November and subsequent reports from the Lexington Herald-Leader, WAVE 3 News, and more have widely documented cases of riots, sexual abuse of a young girl, and inaction by those in charge. A Wednesday report by John Cheves of the Herald-Leader indicates DJJ did not act swiftly when presented with allegations of sexual abuse by a correctional officer, a case still under investigation.

Lawmakers were informed that since 2015, there have been 55 sexual-related reports filed, with six being substantiated. According to testimony, reports are investigated by the Internal Investigations Branch (IIB), which is independent of DJJ, and by staff with law enforcement backgrounds. Cases are determined to be credible based on the preponderance of evidence. IIB makes the final determination on whether a case is substantiated or unsubstantiated.

OC SPRAY

Major provisions of DJJ reform legislation, Senate Bill (SB) 162 from the 2023 Legislative Session, included requirements of access to mental health treatment for youth, increased salaries and facility infrastructure upgrades, and reorganization to strengthen communication and accountability.

The Beshear administration authorized staff use of OC spray before reform legislation, which codified its use for defensive purposes.

Discussion included agreement that the spray must be used with caution and only to deter more significant harm.

DJJ’s Office of Detention and JPSC’s IIB stated spray is only used for defense purposes, not punishment. Under SB 162, reports are filed immediately, offices are notified, and reviews are conducted to determine if there was misuse. Staff is debriefed after an incident.

IIB representatives reported approximately a dozen instances of unauthorized use of the spray, which the Office of Detention said included disciplinary action and, in some cases, dismissal.

CAMPBELL COUNTY DETENTION CENTER

According to Harvey and DJJ Commissioner Vicki Reed, the Campbell County youth detention center will start housing lower-level offending male youth with a target date of November 1. This will include female youth being moved to Boyd County. New staff are currently receiving training.

Senator John Schickel, R-Union, has previously expressed the need for a regional facility that can house males and females and has articulated his frustration with some regional youth being transported hours away from their families and community.

“Staffing shortages are definitely a factor, especially when you’re operating a 24-hour operation, but we have lots of 24 hour operations. We have our dispatch center, we have our jail, we have our police department, and we find a way to keep those kinds of critical services open and this is no different,” Schickel said in a July interview.

WHAT’S NEXT?

Storm and LOIC will meet two more times during the 2023 Interim. The next meeting is scheduled for 1 p.m., Thursday, November 16; the final meeting will be at 1 p.m., Thursday, December 14. The next meeting of the Juvenile Justice Oversight Council, co-chaired by Sen. Whitney Westerfield, R-Fruit Hill, and chair of the Senate Judiciary Committee, is scheduled for 10 a.m., Tuesday, October 31. Meeting agendas are not finalized and are subject to change. Visit legislature.ky.gov for meeting agendas.

“I think today’s meeting was informative, and there are some positive things we can take away from it,” Storm said upon the meeting’s conclusion. “I am concerned about what we heard from DPA and the lack of belief that their concerns are heard. I wanted to invite them here today because they have a valuable perspective and provide a critical service. I hope we can mend bridges between DPA and DJJ because we must balance protecting staff and youth and ensure the holistic well-being of those within these facilities.”

CLICK HERE to find more information on LOIC, such as membership, and to access meeting materials and agendas. Live coverage of meetings can be found at KET.org/legislature and via the Legislative Research Commission YouTube Channel. Past meetings are archived via KET and the LRC YouTube Channel.