Rachel Smith,Lucas AulbachLouisville Courier Journal
The U.S.Department of Justice has opened a statewide investigation into conditions at eight youth detention centers and one youth development center run by the Kentucky Department of Juvenile Justice, federal officials announced Wednesday afternoon.
The DOJ Civil Rights Division’s Special Litigation Section, alongside U.S. Attorney's Offices in Kentucky, will investigate whether the state protects the facilities' occupants from "excessive force by staff, prolonged and punitive isolation and inadequate protection from violence and sexual abuse," according to the news release.
The federal investigation comes less than six months after a new audit into the state's juvenile detention centers, which include those in Adair, Boyd, Breathitt, Campbell, Fayette, Jefferson, McCracken and Warren counties, detailed persistent problems in the facilities. The centers are primarily used to hold children who are awaiting a court hearing.
The report, which comes from CGL Management Group and was released at the beginning of the year by state Auditor Allison Ball, found that isolation of kids is used too often, citing 1,579 instances of isolation through just eight months in 2023 — a rate of 197 per month. In many cases, it was used as a punitive measure rather than being deployed just to keep staff and other children safe.
Use of force is also too common, it found, with no policy in place for using chemical agents, tasers — distributed at several locations without direction or serious training, according to the report — and other security control devices.
At the Adair County Juvenile Detention Center alone, with a capacity of 80 kids, pepper spray was deployed 41 times in the first 10 months of 2023.
The DOJ will also investigate whether the state provides adequate mental health services and required special education and related services to children with disabilities — conditions that were also criticized in the report.
“Confinement in the juvenile justice system should help children avoid future contact with law enforcement and mature into law-abiding, productive members of society. Too often, juvenile justice facilities break our children, exposing them to dangerous and traumatic conditions,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in the release.
Shortly after the DOJ announced its investigation, Gov. Andy Beshear said his administration has enacted extensive reforms to the Department of Juvenile Justice, including the separation of males and females into different facilities, additional staff training, and the hiring of more psychologists, social workers and security experts.
“While the General Assembly has provided some help, it recently failed to fund two needed detention facilities, as well as a specialized residence for juveniles with extensive mental illness. Funding was also denied for additional safety improvements," Beshear said. "The Department of Juvenile Justice will cooperate with the Department of Justice while also strongly advocating for the safety of its staff.”
Beshear's statement referred to Senate Bill 242. Sen. Danny Carroll, a Benton Republican and chair of the Senate Families and Children Committee, filed the legislation that called to invest $165 million into building three new detention centers and make other changes to the department. The bill stalled in the House, though.
In a statement, Justice and Public Safety Cabinet Secretary Keith Jackson said he looks forward to speaking with federal investigators because "no members of our leadership have been interviewed, and we have not had the opportunity to discuss any incident, policy or issue with the Department of Justice.”
After the audit was publicly released earlier this year, some state officials took issue with its findings.
A use-of-force policy was put in place by the department a year ago, according to a previous statement by the justice cabinet, and each detention center has a memorandum of understanding with a local law enforcement agency in the event of an emergency on-site, despite suggestions to the contrary.
During a Feb. 8 Team Kentucky briefing in Frankfort, Beshear said state officials "always want to do better" and learn from incidents that arise. But equipping officers with pepper spray was "absolutely necessary," he said.
Larry Chandler, the department's then-interim commissioner, "thinks we’ve seen about a 40% decline in violent incidents since its introduction," Beshear said.
State Sen. David Givens, a Greensburg Republican who called for accountability on the Senate floor in February after the audit was released, said Wednesday that Frankfort lawmakers remain committed to "addressing these serious issues."
"It is disheartening that such measures are necessary, but we hope the impending federal investigation will serve as a crucial wake-up call for the Beshear administration," Givens said in a statement. "This is an opportunity to reaffirm commitment to the welfare of Kentucky's troubled youth and to ensure the safety of the staff in these facilities."
People with relevant information are encouraged by the DOJ to contact the department by phone at (888) 392-8241 or by email at Kentucky.Kids@usdoj.gov.
