US Department of Justice investigates youth correctional facilities in Kentucky

(LEX 18) — Kentucky’s juvenile court system is currently facing numerous challenges. Last month, the U.S. Department of Justice announced an investigation into Kentucky’s juvenile correctional facilities.

According to the Justice Department, the investigation will determine whether Kentucky protects children housed in these facilities from harm caused by excessive force by staff, prolonged and punitive isolation, and inadequate protection from violence and sexual abuse. The investigation will also determine whether Kentucky provides adequate mental health services, as well as necessary special education and similar services, to children with disabilities.

After a series of violent outbreaks at youth prisons, Gov. Andy Beshear authorized the use of pepper spray and tasers for juvenile corrections officers. On Wednesday, DJJ Commissioner Randy White told lawmakers on the Judicial and Judicial Budget Review Subcommittee that assaults on staff have dropped by about 40% since pepper spray was distributed.

White explained that all pepper spray use is investigated by the Internal Investigations Department, which is independent of the DJJ and reports directly to the Minister of Justice and Security.

According to White, there were 107 investigations into the use of pepper spray, and 14 of those were classified as “proven misuse.” However, no Tasers were used.

Governor Beshear defended the use of pepper spray for juvenile corrections officers, saying employees should have the tools to protect themselves and others.

On Wednesday, Republican Senator Chris McDaniel reiterated that employees should not be afraid to “maintain order.”

“We cannot maintain order if our personnel do not feel safe performing essential tasks,” McDaniel said.

“Probably the majority of the people you’re dealing with are young men who are probably strong, who have acted out of line before and who, frankly, have been violent more than once in their lives,” he added. “So if they’re dealing with pepper spray or potentially electronic tasers – which you haven’t had to use yet – to keep order in these facilities, sometimes those are the things we need to do if we want to keep people safe. Money is enough to get them into the facility. But if you have to be afraid of getting beat up all the time, you’re not going to stay very long.”

White told lawmakers that the population of youth correctional facilities has changed over the past decade, with the number of non-felony charges declining while the number of serious crimes such as rape and murder has increased.

As of May 29, 2024, there are 238 children and youth in Kentucky’s juvenile detention centers. 157 of them are charged with a serious crime. 21 are charged with felony/felony A, 51 with felony B, 37 with felony C, and 48 with felony D.

“Youths tend to be more violent inside the facilities – both outside and whenever they get there,” White said.

One area where Kentucky has seen improvements is staffing. White told lawmakers that salary increases have helped recruit and retain juvenile corrections officers.

However, he expressed concern that the number of children and youth housed in DJJ detention facilities in Kentucky could increase significantly due to new laws. He said ensuring the safety of children and staff is already a challenge and the facilities are not operating at full capacity.

“We believe we can handle the influx,” White said, “but it’s going to be tight. It’s going to be a challenge.”

“It’s going to be a financial challenge for us. We have to look at our budgets and try to predict what that cost increase is going to be,” he added. “It’s also going to put more offenders on the ground in the facilities that we have to care for on a daily basis.”