In 2006, Hawaii entered into a settlement agreement with the U.S. Department of Justice following serious allegations of mistreatment of youth and inadequate services at the Hawaii Youth Correctional Facility (HYCF) in Kailua.
As a member of the team monitoring compliance with the education provisions of the agreement, I observed substantial progress over several years as education, mental health, and custody staff created an environment that enabled young people to leave HYCF more competent and better prepared to reenter their communities and become responsible young citizens.
The educators at Olomana School at HYCF created an intensive literacy program, improved special education services, and expanded technical education. Custody staff implemented intensive social skills programs. A partnership developed between education staff — employees of the Department of Education and the custody staff — employees of the Office of Youth Services (OYS).
In 2010, the case was dismissed when the monitoring team found the state in substantial compliance with the terms of the settlement agreement.
During the past two years, I have visited Olomana School on a number of occasions. I have observed teachers refining their instructional skills, implementing project-based learning, and using data to make instructional decisions.
At the same time, I have seen a deterioration in the working relationship between the leadership at HYCF and their Youth Corrections Officers (YCOs) and a decline in the activities and opportunities provided by HYCF to youth afterschool and on weekends.
Evidence-based programs that help youth manage their anger and treat substance abuse have been discontinued. These programs, instituted following the settlement agreement, have been replaced by culturally based programs that focus on Hawaii heritage and traditions. These new programs are a valuable part of a well-rounded schedule of activities, but they are no substitute for evidence-based programs that address anger management and drug abuse.
In contrast to well-run facilities, the current HYCF leadership infrequently meets with the school team and rarely consults with them about important issues affecting youth. For example, educators and other professionals no longer participate in discussions about parole at HYCF. In many respects, the decision-making style and culture at the facility resembles an adult corrections model and fails to integrate the positive youth development approach and collaboration among staff that is common to many juvenile correctional facilities across the U.S.
In recent years, falling juvenile crime rates and evidence-based programs for incarcerated youth have led to dramatic declines in the number of youth in custody across the U.S. In 2014 Hawaii took steps to reform its juvenile justice system by passing House Bill 2490, legislation that has improved community supervision and reduced the number of incarcerated youth.
OYS leadership and the current management at HYCF have compromised the changes in the juvenile justice system ushered in by the settlement agreement in 2006. Considerable evidence shows that well-developed education and treatment programs in juvenile corrections are cost-effective as they reduce crime and recidivism.
During the past 30 years, two states that I am very familiar with — Arizona and Maryland — experienced not one but two settlement agreements involving conditions of confinement and inadequate services in juvenile corrections. Reforms instituted following initial settlement agreements deteriorated over time and both states experienced costly investigations and new settlement agreements.
Citizens need to hold policy makers accountable for the wise use of public resources. Agencies need to ensure that youth placed in their care have the opportunity to learn new skills and become productive adults. Ensuring that troubled youth learn new behaviors and become productive members of the community is everybody’s business.