The first meeting of the interim Juvenile Corrections Report Review Committee was called to order by Chair Roger Hunt at 9:40 a.m., November 22, 1999, in Room 412 of the State Capitol, Pierre, South Dakota.

A quorum was determined with the following members answering the roll call: Senators Eric Bogue, Dennis Daugaard, Robert Duxbury, Charles Flowers, Harold Halverson, and Fred Whiting; and Representatives J.P. Duniphan, Deb Fischer-Clemens, Roger Hunt, Larry Lucas, Matthew Michels, Orville Smidt, and Mike Wilson. Representative Kenneth McNenny was unable to attend.

Staff members present included Annie Mertz, Senior Fiscal Analyst, and Rhonda Purkapile, Senior Legislative Secretary.

A list of guests present during all or part of the meeting is on file with the master minutes.

(NOTE: For sake of continuity, the following minutes are not necessarily in chronological order. Also, all referenced documents are on file with the Master Minutes.)

Chair Hunt distributed a copy of the proposed rules for the committee (Document #1).

Chair Hunt distributed copies of letters he had sent to the Attorney General, the Governor, and the U.S. Attorney with regard to the committee?s assignment (Document #2). He also provided the committee with a copy of the response he had received from the U.S. Attorney (Document #3).

Representative Michels asked if the Division of Civil Rights is also investigating this matter. Chair Hunt replied that he did not know if they were "investigating"; however, he did know that they are evaluating material provided to them by the Office of Attorney General.

Representative Lucas asked if it would be appropriate for the committee to review the master plan adopted for the Department of Corrections. A copy of the South Dakota Corrections Long-Range Master Plan and the legislative authorization for the development of that plan were provided to the committee (Document #4).

Representative Michels suggested that the committee hear from the Unified Judicial System on the intensive probation program for juveniles that is being utilized in Yankton. Senator Flowers suggested that the committee might want to hear information on the Teen Court program being utilized in Brown County. Representative Wilson suggested that the committee hear from a sitting judge about the court?s perspective on juvenile corrections. Representative Lucas requested information on recidivism rates.

Chair Hunt recessed the committee at 10:40 a.m. and reconvened the committee at 1:05 p.m.

Mr. Michael Buenger, State Court Administrator, Unified Judicial System (UJS), presented the committee with information on the intensive juvenile probation program (Documents #5 & #6). Mr. Buenger reported that federal funding was secured three years ago for a pilot program of intensive juvenile probation to divert juveniles from placement with the Department of Corrections and keep them in their communities. In 1997, 60 juveniles were diverted, with 78 percent of those not committing any type of substantial offenses after 18 months that would bring them back into court. The program had a ratio of 10 juvenile offenders to one court services officer. The juveniles and their families were also required to participate in mental health programs because most of these juveniles were not coming from good family backgrounds.

Mr. Buenger reported that the federal funding for this program is not constant. There is federal funding for the program currently, but it has not yet been secured for the next fiscal year. Consequently, the UJS will be asking for funding in its budget for four state-funded juvenile intensive probation officers at a cost of $140,000, which does not include funding for mental health counseling. He noted that most of the mental health counseling expenses can be paid for with Title XIX funding. The UJS intends to divert 80 juveniles through this program this year at a cost of $140,000, compared to $70 per day at a juvenile facility. The program is currently running in Yankton, Mitchell, Rapid City, and Aberdeen. Since July 27, there have been 32 juveniles in the program with three failures. These cities were chosen for the project because they had expressed an interest in the program.

Representative Duniphan asked if the UJS attempts to recapture costs from those individuals able to pay. Mr. Buenger reported that sometimes restitution has been ordered by the court, but the main emphasis has been restitution to the victims.

Mr. Buenger reported that Teen Court is a diversion program run by prosecutors or state?s attorney offices. They will divert cases to teen court, where the teen comes before his peers, and the teen court determines the penalty. This is good with certain types of offenses, Mr. Buenger reported, noting that a juvenile eligible for intensive probation would probably not be diverted to teen court.

In response to committee questions, Mr. Buenger presented the committee with information on juvenile case activity from FY97 to FY99 through the Unified Judicial System (Document #13).

Mr. Mark Barnett, Attorney General, and Mr. Larry Long, Deputy Attorney General, presented the committee with a copy of the investigative report summary and affidavit filed in the Gina Score case (Document #7). Mr. Barnett indicated that the investigation is ongoing and they have an open line of communication about the investigation with Secretary Bloomberg from the Department of Corrections. He reported that virtually every female and staff that have been involved with the Intensive Program (IP) for girls have been interviewed, with the exception of one former female juvenile, who now lives in a remote area in Alaska. Mr. Barnett reported that as the case proceeds, the vast majority of his file will become a matter of public record, which will then be made available to the committee. Mr. Barnett presented the committee with a copy of the statutes that prohibit him from publicly discussing the case before trial (Document #8).

Mr. Barnett reported that his office will not be involved in the civil portion of this case, noting that the public liability pool operates separately from his office.

Representative Lucas asked if there was an investigation of previous child abuse complaints before this investigation began on July 21. Mr. Barnett responded that his office was not aware of any abuse allegations until after the Gina Score incident.

Senator Daugaard asked if there should be a different policy or procedure for reporting alleged child abuse incidents when a child is in the custody of the state. Mr. Barnett replied that in any case where there has been an allegation that a branch of government has done something they should not have, it is always helpful to have an outside agency look at the issue. In this case, he considered the State?s Attorney and the sheriff as independent from the state program.

In response to committee questions, Mr. Barnett indicated that his office was contacted by the Federal Bureau of Investigation (FBI) early in the investigation and have supplied them with all the information collected in the investigation. He also indicated that his office has met several times with both the FBI and the U.S. Attorney?s Office.

Senator Whiting commented that it has been suggested that it might be worthwhile to have a public defender or other watchdog agency to look out for the well-being of these juveniles when in state facilities. Mr. Barnett replied that this would be more of a policy decision to be made by the Governor or the Legislature.

Representative Lucas asked if charges will be filed against those that did not report the incidents of child abuse or against those that did not take the proper steps once reported. Mr. Barnett replied that his job is to enforce the law, and if he can prove that someone broke the law, he will bring the case.

Ms. Mertz presented the committee with information on juvenile corrections taken from the Department of Corrections web page (Document #9) and with two monthly reports (July 1999 and October 1999) on juvenile population distribution and capacities (Document #10).

Mr. Jeff Bloomberg, Secretary, Department of Corrections, presented the committee with copies of statutes distinguishing between Children in Need of Supervision (CHINS) and delinquents (Document #11). Mr. Bloomberg reported that a juvenile cannot come into any Department of Corrections (DOC) program without first coming before a judge and being adjudicated and committed to the DOC, which is only one of nine alternatives a judge has with a CHIN and one of eight alternatives available to a judge for a delinquent. Mr. Bloomberg also reported that the court can remove a child from DOC custody after holding a hearing; he indicated that this has happened three or four times since this has been placed under DOC direction.

Mr. Bloomberg presented the committee with information on adjudications and commitments to DOC from FY95 to FY99 (Document #12).

Mr. Bloomberg reported that there are three types of juvenile actions in South Dakota: 1) abused and neglected; 2) Chins (children beyond parental or guardian control, habitually truant, or status offenders); and 3) children committing crimes that would be crimes if they were adults. Secretary Bloomberg suggested that the Legislature might want to discuss the issue of placing CHINS with the Department of Social Services rather than the DOC. He noted that every delinquent the DOC gets is also a Chin because they are beyond parental control; however, not every Chin is a delinquent. Some of these juveniles would be considered delinquents but for a plea bargain. He questioned whether the habitually truant or runaways should be placed under the DOC.

Mr. Doug Herrmann, Director, Custer Youth Corrections Center (CYCC), presented the committee with information on the programs operated at the CYCC (Document #14). He reported that the CYCC operates correctional and secondary placement programs within the DOC. Secondary placement programs have been developed for those individuals who are unable to go home after completing other programs.

Mr. Herrmann reported that Living Center A is a correctional program that houses those who are screened out of the boot camp program. This program does not deal with a lot of high-risk youth--those would be placed at the State Training School. Education is a core component at the CYCC. Living Center B is a secondary placement program, with a home atmosphere. Typically, older youth will be placed in this program because the CYCC does have the ability for some vocational training. QUEST is a 24-bed girls unit located in Custer State Park and is licensed by the Department of Social Services as a group home.

Representative Fischer-Clemens asked how a girl would be chosen for QUEST versus placement at the State Training School. Mr. Herrmann replied that assessments for placement are done by the DOC. Girls that come into QUEST are a different classification and they do not typically have the offense history as those that are placed at the State Training School (STS).

Mr. Herrmann also referenced the Salaried Foster Care program for placement of youth after they have completed the correctional programs. A salary of $18,000 per year is paid to one of the foster parents, who agrees to take at least three or four juveniles into their home permanently. There is also a per diem paid for each juvenile. These juveniles are still in DOC custody and parental rights have not been terminated. In response to committee questions, Mr. Herrmann indicated that the DOC is exploring developing more salaried foster care homes as more referrals for placement come in. Their goal is to develop ten new homes in one year. Secretary Bloomberg added that this program is the cheapest placement of juveniles in DOC programs.

In response to committee questions, Mr. Herrmann indicated that 25 percent of the parents do not have any contact with their child in placement, another 25 percent have infrequent contact, and 50 percent of the families have frequent contact with their child in placement.

In response to committee questions, Mr. Herrmann indicated that before force is used against a juvenile, it must be deemed that the youth is in immediate danger to himself or others. All other methods must be exhausted before staff would put their hands on them. All reports must be fully documented and channeled to the immediate supervisor and then to Mr. Herrmann for review. These reports are often used as training tools. He noted that they have had very few incidents.

Senator Halverson asked if juveniles repeat programs if they get into trouble again. Mr. Herrmann replied that they are not necessarily placed into the same program, although they could be. They would have to go through the DOC intake process again for placement recommendation.

In response to a question from Representative Fischer-Clemens, Mr. Herrmann reported that typically, there are consequences for juveniles based on their behavior. They are not deprived from seeing family members; however, they might not get an off-campus visit. Most placements in a cell are less than a few hours; if over a 24-hour period, mental health staff checks on the juvenile. He stated that rarely do they have a juvenile placed in a cell for longer than two days; however, they have had longer (two to three weeks) pending other placement or if the juvenile represents a danger to himself or others.

Representative Lucas asked if medical staff dispenses medications. Mr. Herrmann replied that his regular staff dispenses medications after receiving a two-hour training from medical staff.

Representative Smidt commented that he has never viewed the program at Plankinton as a boot camp because the concept and environment is different than the boot camp at Custer. Secretary Bloomberg acknowledged that there is a large difference between the girls? program at Plankinton and the boys? program at Custer.

Mr. Bloomberg presented the committee with a copy of a map of the State Training School campus (Document #15). He noted that the juvenile prison was opened in 1997. The entire campus, with the exception of one garage, is now fenced but it is divided into three sections.

Ms. Kristi Bunkers, Director, Department of Corrections Classification/Community Services, presented the committee with information on the classification process of juveniles (Document #16) in the DOC system. Ms. Bunkers testified that Intake is a three-phase process: 1) initial collection of data; 2) placement at an intake center; and 3) summary of data/placement. The structured classification process allows the department to look at each individual?s risks as well as needs. The risk of violence, escape, or repeat criminal behavior is also assessed. Classification is an ongoing process?juveniles are given a chance to redeem themselves and work their way down to a lower classification and eventual release.

Chair Hunt asked what determines the placement of low risk females at either Plankinton or the QUEST program. Ms. Bunkers replied that treatment needs, sexual abuse issues, and chemical dependency issues would all play a factor in this placement. She noted that the IP program for females at Plankinton is actually shorter than the QUEST program at Custer.

Ms. Bunkers reported that there are 39 Juvenile Corrections Agents (JCAs) located in 16 offices statewide. A JCA is assigned to each child in the DOC system and follows them through the system from the time of intake, the DOC program, and follow-up after release. The average caseload for the JCA is 40 juveniles. The JCA is also responsible for meeting with family members and informing them about the DOC process and programs. The JCAs work closely with court service officers because they are more familiar with the child at the time of intake.

Ms. Bunkers testified that the DOC has the responsibility to determine the most appropriate aftercare placements for these juveniles, noting that most return home.

In response to committee questions, Ms. Bunkers reported that there are 57 juveniles in alternative care placements (private placements), but the program is actually budgeted for 40.

Ms. Crystal Van Vooren, Warden, Juvenile Prison, State Training School (STS), presented the committee with charts of the programs offered at the STS (Document #17). Ms. Van Vooren testified that the STS deals with the highest risk juveniles in the entire DOC system. These are the juveniles that are kicked out of all other programs and the toughest to handle. Programs include individual counseling, education classes, religious services, family visits, and working on individual skills. She acknowledged that there is a disciplinary unit within the STS and the juveniles do not attend school while in the disciplinary unit. They are in the process of establishing a step program for the juveniles to work their way through and eventually out of the building. She noted that the girls brought into the STS for the intake process are now kept separate from the high risk girls housed at the STS.

Senator Flowers asked about the isolation policy. Ms. Van Vooren replied that they are developing a process for this because they want to keep any placement in isolation on a short-term basis; however, she noted that the girls in isolation are high assault and escape risks. At times, placing them in cells is necessary based on certain behaviors and what has happened. Each situation is different. Ms. Van Vooren noted that she is exploring other options than keeping them confined to their cells for bad behavior.

In response to committee questions, Ms. Van Vooren stated that she currently has 25 guards, with vacancies for four sergeants, three correctional officers, and one lieutenant. She noted that the STS operates the same programs as operated at the CYCC.

Representative Michels asked if there is an emergency response team located on site at STS. Ms. Van Vooren replied that there is not. She stated that there was an overwhelming response from outside law enforcement during the recent incident at the juvenile prison when certain male juveniles would not return to their cells. She called for extra help because to take STS staff from other areas of the facility would have left those juveniles unsupervised.

Chair Hunt recessed the committee at 5:55 p.m.

Chair Hunt reconvened the meeting at 8:43 a.m. A quorum was determined with the following members answering roll call: Senators Bogue, Daugaard, Duxbury, Flowers, Halverson and Whiting, and Representatives Duniphan, Fischer-Clemens, Hunt, Lucas, Michels, McNenny, Smidt, and Wilson.

Mr. Cory Nelson, Juvenile Coordinator, Department of Corrections, presented the committee with information on the Juvenile Aftercare Program (Document #18). Mr. Nelson reported that aftercare is services a juvenile receives when he/she leaves the DOC programming. He noted that these juveniles are still under the custody of the DOC. The Intensive Family Services program plays a significant role in determining if the juvenile?s home is the appropriate placement once they leave DOC programming.

Mr. Nelson reported that in September 1999, there were 1,188 juveniles under the guardianship of DOC, with 601 of those located in South Dakota communities. All of these juveniles must sign an aftercare contract and agree to abide by those rules. In response to questions, Mr. Nelson indicated that the Unified Judicial System supervises those juveniles on probation coming into South Dakota from other states.

Senator Halverson asked if the department has plans to increase the number of staff involved in the aftercare program. Mr. Nelson replied that the ideal caseload would be 30-35 juveniles per agent because with a larger caseload, it is difficult to properly supervise these juveniles. He also noted that it is difficult to provide services to these juveniles in rural areas. Senator Flowers asked if fewer juveniles would be returning to the system if more aftercare staff were available. Mr. Nelson replied that this is really a double-edged sword, because the more staff available for monitoring, the more violations they will catch.

In response to committee questions, Mr. Nelson indicated that they are trying to get more mentoring programs started in communities; however, the problem with this is that people are just too busy.

Mr. Nelson testified that the aftercare program is individualized for each juvenile. A list of juveniles on aftercare is provided to all local law enforcement and school administrators in each community, along with the conditions of their aftercare.

Mr. Nelson reported that this program seems to be successful, with a recidivism rate of 8 percent after being off the program for one year. He stated that the aftercare program was instituted when the law changed the placement of juveniles to the DOC in 1996. The average length on aftercare is 18 months, compared to 90 days when with the Unified Judicial System.

In response to committee questions, Mr. Nelson indicated that the juvenile?s progress on his issues will drive his release from correctional facilities. If a juvenile comes in as a high or medium risk juvenile, he must work his way down to a low risk classification before release from the correctional facility.

In response to committee questions, Secretary Bloomberg stated that the juveniles most likely to be revoked are those who: 1) are younger; 2) do not have a stable home environment; and 3) are having trouble in school. Juveniles that are in school, involved in activities, and have jobs are less likely to be revoked. Secretary Bloomberg stated that the juveniles who do the best on aftercare are the ones on independent living.

In response to questions from the committee, Secretary Bloomberg presented the committee with information on the revocation rate by facility (Document #19) and outcome success from different scenarios (Document #20).

Secretary Bloomberg reported that the department has terminated its contract with Dakota Mental Health and has contracted with the Department of Human Services to provide mental health services for juveniles. They will add a couple of full-time staff members at the STS from the Department of Human Services. The department has increased the psychiatric time available on the campus at the STS, which will probably be further increased in the future. Secretary Bloomberg also reported that there was a backlog of juveniles waiting placement at Yankton for mental health treatment because there was no bed space available for juveniles; however, the Department of Human Services has made more bed space available, which has helped shorten this waiting list.

Ms. Betty Oldenkamp, Director, Division of Mental Health, Department of Human Services, testified that the department will place two staff at the STS, one being a doctoral level psychologist. They have hired one licensed professional counselor. Prior to July there were no psychiatric services available at the STS--now the department has contracted with Dr. Sounde from the University of South Dakota to come in 15-20 hours per month; he is a board-certified child and adolescent psychiatrist. Follow-up on psychotropic medications will now be performed by Dr. Sounde.

Ms. Oldenkamp testified that the department feels it should be doing a better job of identifying these juveniles earlier and treating their symptoms to hopefully divert them from the corrections system. She noted that the Custer facility will operate as it has in the past until the program is up and running at Plankinton. The department will participate in the evaluation and assessment process. Dr. Ted Williams from the SD Developmental Center-Redfield (SDDC-R) will come to the STS one day per week to assist with the intake process and in the area of program development. Ms. Oldenkamp indicated that the division will be preparing a summary report of its recommendations to the Department of Corrections.

Ms. Oldenkamp reported that in October, 70 juveniles, or 45 percent, at the STS were on psychotropic medications such as Ritalin, anti-depressants and anti-psychotics. The division contracts with Dr. Sounde at $112 per hour and is looking into how to provide for these services and supplement them with other medical staff on site.

In response to committee questions, Secretary Bloomberg said the department has decided not to implement its own program for the treatment of sex offenders. The only program that currently treats juveniles on an in-patient basis in South Dakota is the Our Home program in Huron. The department currently has ten slots available in this program. The program takes 12-18 months to complete.

Secretary Bloomberg reported that the department is planning on developing training for staff who work with children who have been victimized. Additional training will also be provided on monitoring of medications. He noted that 20 hours of training is necessary for staff to dispense medications, and the department has until February 2000 to get everyone trained. Ms. Oldenkamp added that the division will develop a policy for the nursing staff on medication refusals and the monitoring of those situations.

Ms. Oldenkamp stated that the availability of adolescent psychiatric treatment beds in South Dakota has been an issue that the Department of Human Services is addressing. Consequently, they are converting one of the acute adult psychiatric units in Yankton to an adolescent unit which will open November 29. It is anticipated that this unit will be full within two weeks. A total of 23 beds will be available; however, the ideal situation would be single occupancy at 15 beds.

Ms. Oldenkamp testified that Mr. Chris Peterson, Acting Director, STS, changed the policy for suicide precaution. Previously any staff could place a juvenile on suicide precaution and any staff could remove them from suicide precaution. Now, they can be removed from suicide precaution after evaluation by a mental health professional.

In response to questions, Ms. Oldenkamp stated that all children are screened at the time of intake for mental health issues. Throughout their stay, if issues are noted, another mental health assessment can be done and appropriate services provided.

Representative Wilson asked if there is a maximum number of days a juvenile can be held in isolation before transfer for other services. Ms. Oldenkamp replied that she did not believe there is a policy in place at the STS, but that at Custer there is a three-day limit for suicide precaution.

Senator Whiting asked if the Division of Mental Health will be reviewing the restraint policies. Ms. Oldenkamp replied that they most definitely will be with regard to suicide precautions. She added that they would be happy to review this with regard to disciplinary situations. She noted that there is a difference in philosophy between treatment and correction.

Mr. Mark Snyder, Superintendent, Boys Boot Camp, presented the committee with information on the program (Document #21). Mr. Snyder testified that the Boys Boot Camp opened in 1996 and they have since graduated 1,000 young men. After the Gina Score incident at the STS, the Boot Camp reviewed all of its policies and procedures and was very comfortable with the current status of those policies. Mr. Snyder reported that the boot camp is the quickest way for juveniles to proceed through the corrections system. It is the goal for these individuals to go back to their communities and become law-abiding citizens. He noted that 100 percent of the juveniles at the boot camp are on the best medication for depression--physical exercise.

In response to questions, Mr. Snyder indicated that 15-20 percent of these juveniles are on Individual Education Plans (IEPs), and the boot camp contracts with the Black Hills Special Services Cooperative for special education services. He reported that, on average, there is a two-grade level increase in the boot camp juveniles upon completion. In many cases, the drill instructor is the first positive role model these youth have seen in their lives.

Chair Hunt asked how many of the drill instructors have a military background. Mr. Snyder replied that 80 percent of the drill instructors come from a military background. He noted that it is sometimes just as easy to take someone with a criminal justice degree and teach them the drill instructor job. He noted that the boot camp recruits nationwide for drill instructors. Background checks are done on all drill instructors. Even with background checks, Mr. Snyder indicated that the staff must be constantly scrutinized. The tone is set from the very beginning because the boot camp will not tolerate abuse of the juveniles in the program. He also noted that the drill instructors do everything they ask the juveniles to do.

Mr. Snyder reported that there is a nurse on duty each day and a nurse on call 24 hours a day, as well as a nurse practitioner and doctor visiting once a week.

Chair Hunt recessed the committee at 12:05 p.m. for lunch and reconvened the committee at 1:05 p.m.

Mr. Snyder reported that the boot camp is a three-phase program, with each phase lasting 40 days. There are three counselors, each with a group of ten young men. He noted that the counselors also serve as one of the many checks and balances against abuse.

Representative Duniphan asked how many disciplinary problems the boot camp has had with its staff. Mr. Snyder replied that the Department of Social Services was called twice and the Department of Criminal Investigation was called once.

Representative Wilson asked if handcuffs and leg shackles are used at the boot camp. Mr. Snyder replied that these are used only for transportation purposes and not used as any form of restraint or punishment. Mr. Snyder stated that juveniles are not placed into an isolation cell without first notifying him. Everything is documented and reviewed. He noted that use of force has been very minimal at Custer. Mr. Snyder reported that the juveniles are sent to the boot camp to be rehabilitated and not to be punished. He sees his job as having a positive effect on these kids? lives.

Representative Duniphan asked if some juveniles repeat the program. Mr. Snyder replied that they do have juveniles who repeat the program, and if they do come back, they repeat the entire program.

Representative Fischer-Clemens asked if there would ever be times when juveniles would not be in education classes every day. Mr. Snyder said that this would not happen unless they had to meet with a counselor or doctor for some reason. Deprivation of education is not used as a disciplinary tool.

Mr. Bloomberg presented his report to the committee (Document #22). He stated that one problem with what has happened during the last five months is that many staff members have been painted with a really broad brush of not caring for these children and this is just not true. Most of these people do not take these jobs for money because they are not paid that well; they take the jobs because they like working with children.

Mr. Bloomberg stated that one issue that has arisen is the whole area of reporting--whom do you report these incidents to, who sees these reports, and what steps should be taken upon receipt of a report. A system now has been established at the STS for reporting every incident. There was a system in place, but it did not work in the past.

Senator Whiting suggested an ombudsman or trouble shooter who could focus on these incidents. Secretary Bloomberg replied that there is probably some merit to this idea, but logistics becomes a problem. He noted that there are 900 employees within the DOC with over 300 employees in the juvenile area. The key is to eliminate abuse and keep track of incidents as they are happening.

Mr. Bloomberg reported that an internal review of all policies, procedures, and operation memos has been conducted. Technical assistance has been requested from the Office of Juvenile Justice to review all policies and procedures at the STS. Very few policies and procedures have been changed since Gina Score died, he added. The shortcomings of the department were in how these incidents were tracked and the oversight of employees to ensure that policies are followed. He noted that policies are developed for the DOC system-wide, but operational manuals are left to the discretion of each institution; however, those operation manuals must remain consistent with overall DOC policies.

Mr. Bloomberg reported that all staff at the STS have received follow-up training on DOC policies and procedures. They have received additional training on the use of force and the code of ethics. All security staff now complete pre-service training from DOC training staff. The department has established a mentor program for new juvenile corrections officers. He noted that the new warden is a "by the book" type of person with regard to employees and personnel policies. Mr. Bloomberg stated that you can never do enough training and he is hopeful to allocate staff and resources to the training effort through the budget process. The need for additional staff is also being reviewed as part of the budget process. There is also a need for additional counselors; however, all these proposals cost money.

Mr. Bloomberg reported that the medical screening was obviously an issue with the Gina Score incident. The department requested a review of the medical screening form by physicians and all reviews deemed it proper. He noted that the DOC must rely on the medical professionals to judge if a juvenile is appropriate for the program. The department has also requested that the Office of Juvenile Justice review all medical practices at the STS. In addition, the department has requested exercise experts from South Dakota State University to design an exercise program for the STS.

In response to committee questions, Mr. Bloomberg indicated that the DOC now contracts with Rapid City Regional Hospital for services at Custer and continues to contract with Sioux Valley Hospital for services at the STS, which has been subcontracted to Wessington Springs.

Mr. Bloomberg testified that one nurse has been added to the STS to increase the nursing available to two full-time nurses. They have also increased the physician assistant and physician coverage at the STS. In response to committee questions, Mr. Bloomberg stated that even the best first aid training of the staff would not have prevented the death of Gina Score because she was turned over to the care of the medical staff.

After Gina Score?s death, Mr. Bloomberg reported that the DOC implemented an immediate step-down of the physical training program. A review of the treatment modality for the entire facility is now being conducted with regard to the Positive Peer Culture (PPC) program that is utilized. Mr. Bloomberg expressed some concern with the use of the PPC program, but he noted that the staff supports the program. He stated that it is important to ensure that the staff uses this properly.

Mr. Bloomberg reported that a trained crisis intervention team member is now notified prior to the use of force to attempt to deescalate any situation and avoid the use of force. Unit officers now conduct daily security and safety inspections of cell and living areas. Weekly cell inspections are performed by senior staff. Shift change briefings and shift logs have been implemented, along with additional security procedures. He noted that new admissions to the Female Secure Unit are no longer automatically placed in secure cells if there is no reason to believe that they are suicidal. Daily senior staff meetings have been implemented to review incident reports, as well as weekly juvenile placement meetings. Major incidents and emergencies are to be reported to parents and the juvenile corrections officer by facility staff at the time of or immediately following the incident.

Senator Flowers asked about the girls program located in Watertown. Mr. Bloomberg stated that a secondary placement program was begun for girls at Custer and was called the Lamont Program. This was moved to Watertown because it was a larger community, vocational education was more readily available, and there is a link with the Watertown School system for high school education needs. The numbers and dollars were not available to support two programs, so the program in Custer was discontinued. Fourteen girls were transferred from Custer to Watertown. This program and the West Farm Program were transferred this summer to the Department of Human Services so they can access federal funding.

Senator Flowers asked if the staff at the STS has the option of making judgment calls with regard to physical activity even though the doctor has cleared the juvenile for activity. Mr. Bloomberg stated that at the Custer program, there is discussion between staff and medical personnel with regard to physical conditions, etc., and this needs to take place at the STS. Representative Fischer-Clemens stated that the physician was appropriate in clearing Gina Score for physical activity because obese people need exercise; however, she should have been allowed to stop when she asked to stop.

Representative Fischer-Clemens asked Mr. Bloomberg if the department assists families in visiting their children while in placement. Mr. Bloomberg replied that parents are allowed to visit, but the department does not provide transportation expenses. The children are never prevented from writing to their parents. They are not allowed to make direct calls from the institution to their homes, however.

Representative Fischer-Clemens asked about the situation with the locks on the cell doors at the juvenile prison. Mr. Bloomberg reported that the doors have now been fixed. There had been a problem getting the doors adjusted properly. The easiest way to deal with this before it was fixed was to put the doors in the override position. There was a staff directive two weeks before the incident to not put these doors in the override position in any case. This directive was ignored, which resulted in the juveniles getting out of their cells. Representative Fischer-Clemens asked if this staff person was demoted and resigned because of this issue. Mr. Bloomberg replied that there were other factors involved.

In response to questions on gang issues, Mr. Bloomberg reported that there is a gang problem with both adult and juvenile inmates, but more in the juvenile area. The DOC tries to identify and separate these juveniles and prevent them from displaying gang symbols and tattooing, etc. It has become somewhat better now that they all have to wear the same kind of clothing and are not allowed to wear their own clothes.

In response to questions, Mr. Bloomberg reported that the DOC has not advertised outside the state of South Dakota to recruit for $8.50 per hour jobs at the STS. They have advertised nationwide for other jobs such as the superintendent, etc.

Representative Wilson expressed concern with the non-reporting of apparent child abuse incidents. Mr. Bloomberg replied that he is also troubled by incidents not being reported; however, he felt that most people that saw something happening assumed that it was already being handled elsewhere. He stated that what is really needed at the STS is a chief executive officer to handle these issues.

Representative Wilson also expressed his concern that the constitutional rights of these juveniles are being violated by state agencies when they are not sent home upon completion of the programs. Mr. Bloomberg disagreed, noting that these juveniles are under DOC custody until the age of 21.

Chair Hunt proposed that the next meeting be set for December 14 in Pierre. He stated that prior to that date he would take any comments or suggestions from the committee on what should be included in the committee?s report and he would then draft a report for the committee?s perusal at the meeting.

Representative Michels requested budget information on the DOC and juvenile corrections. Representative Lucas stated that the Appropriations Committee should deal with any funding issues.

Chair Hunt adjourned the meeting at 4:00 p.m.