CYA was not set up to house first time
juvenile offenders arrested for relatively
minor offenses. Many violent gang members,
sexual offenders, and other violent and
repeat offenders are housed there.
CYA
was first opened in 1943 as a reform school.
Today it functions similar to adult state
prisons. In 1996, more than 10,000 individuals
were housed at CYA. At the time, about
8,500 of the individuals were juveniles
and 1,500 were young adults.
Over
the past eight years, prosecutors have
punished more juveniles in adult court.
In 2002, the California District Attorneys
Association campaigned to get the "Juvenile
Crime Initiative" otherwise known
as Proposition 21 passed by the voters.
Proposition 21 allows the prosecution
to longer have to ask the juvenile court
judge permission to pursue a criminal
case against a child in adult court. Under
Proposition 21, children 14 years of age
or older charged with committing certain
types of serious felonies could be directly
prosecuted in adult court. This has contributed
to a decline in population at the California
Youth Authority which in 2004 only has
population of 4,300 compared to over 10,000
inmates 8 years prior.
Accordingly, fewer juveniles are committed
to the California Youth Authority and
more children are committed to serve time
in adult state prisons for much lengthier
sentences including life. It costs California
$80,000 annually for each child housed
at CYA. The CYA houses individuals between
the ages of 12-25 and operates eleven
locations and four
youth forestry camps.

Copyright 2001, George Kita
In
December 2003, one juvenile suffered
multiple puncture wounds to his lower
leg when a California Youth Authority
guard allowed his dog to attack a juvenile
inmate who was following orders and
lying on the floor. In an effort to
clean up its bad image, the California
Youth Authority decided to ask Prosecutors
to file criminal assault charges against
that officer.
Since 1996, 16 children committed suicide.
In January 2004, two 18 year olds committed
suicide. They could not tolerate the
horrible day to day problems at the
California Youth Authority. They were
found hanging in their cells.
At
one CYA facility in Chino, prison guards
used mace four times a day on children.
Attacks by other inmates occurred 10
times in a day, during a four month
period in 2003.
A recent
death remains unexplained. The death occured on Sunday September 5, 2004
at N.A. Chaderjain Youth Correctional Facility in Stockton. The cause
of death has yet to be determined. This is the same facility where
CYA counselors were caught on a videotape punching and kicking two
wards in January 2004.
Violence goes all the way up the chain of command.
The Superintendent of Stockton's N.A. Chaderjian Youth Correctional Facility had his position terminated in August 2005 for reportedly grabbing a handcuffed wards hair and jaw after he was being escorted to another unit after a fight involving 44 youths in May 27, 2005, according to the Inspector General Matthew Cate. The Inspector General concluded that ward was already under safe control when the incident occurred and therefore the incident violated the use of force policy. In addition, the Inspector General concluded that the failure to report the incident by employees who witnessed the incident should be disciplined.
On August 31, 2005, Joseph Daniel Maldonado, 18 of Sacramento hanged himself. His death marks the third death in eighteen months following a poisoning case and a unsolved case at Stockton's Chaderjian Youth Correctional Facility.
The San Luis Obispo
Grand Jury that examined Paso Robles Youth Correctional Facility in
2000 made a finding that CYA used "excessive chemical restraints."
Children are often
treated like animals in a zoo. A state study recently found that children
were often "locked in cages as punishment." They would receive
their schooling while they were sitting all day in little individualized
cages. The state study also found that those with mental problems
are "frequently drugged and improperly cared for."
The
California Youth Authority has been a failure when it comes to providing
treatment and help. At the El Paso de Robles Youth Correctional Facility,
the entire medical department staff informed the facility's Superintendent
on May 31, 2001 that mental health care services cannot be provided
to everyone due to a "virtually intolerable" workload. There
was only one full time psychologist and one part time contract psychiatrist
to serve 750 wards, 91 of which had histories of suicide attempts
and more than 200 wards were on the waiting list.
Concerning
the CYA sex offender program, in December of 1999, there were 1,052
sex offenders but only 259 beds. In March 2001 there were 1,102 identified
sex offenders in CYA institutions but only 312 in treatment beds.
In April of 2002, there were 783 children in need of sex offender
treatment but there were only 169 specailized treatment beds.
Children
also do not get the minimum required education at the California Youth
Authority. The California Education Code section 46141 requires 240
minutes of education per student per day. The California Youth Authority
fails to meet this legal requirement. Classes are routinely cancelled
at the various CYA institutions. Childen at the Ventura Youth Correctional
Factility received only 54% of their required educational curriculum.
Approximtely 644 classes were cancelled each month according to the
Office of Inspector General Mangagement Review Audit in June 2002.
At another CYA facility, children were discouraged to attend school
and were required to perform janitorial duties of their units during
school hours.
Approximately
one third of the CYA high school population receive special education.
However, these students do not receive the required individual Educational
Plan (IEP) services.
As
a result of the CYA abuses and inadequate treatment and living conditions,
a lawsuit was filed in January 2003 by the nonprofit Prison Law Office,
Disability Rights Advocates with the help of volunteer attorneys against
the the California Youth Authority in the case of Farrell vs. Harper.
As a result, a consent decree was agreed by the parties in November
2004 and filed with the Superior Court of Alameda County. Donna Brorby
was appointed as Special Master. Logan Hopper was hired as an expert
in the field of programmatic acccess for children with disabilities.
A very important concession that came out was that the CYA is required
to develop a formal criteria for accepting children and to comply
with Welfare and Institutions Code section 736. More importantly,
the consent decree agreement states that the California Youth Authority
"shall not accept more wards than can be materially benefitted
by the CYA's reformatory and educational discipline, nor shall the
CYA acceept wards for whom the CYA does not have adequate facilities."
Despite the November 2004 settlement and consent decree, the CYA continues to fail.
The High School at N.A.Chaderjian Youth Correctional Facility in Stockton was stripped of its accreditation in May 2005 by the Western Association of Schools and Colleges. All future Diplomas from this Stockton CYA facility will not carry the WASC accreditation. School administrators quit after brief stints on the job. The school has had four principals since 2002. Teachers still don't show up to work. As a result, the school continues to have declining student test scores.
The Whittier Daily News newspaper has reported that State Senator Gloria Romero stated on July 6, 2007 that she has requested the CYA to investigate claims that bodies of 28 deceased wards are buried at the former Fred C. Nelles Youth Correctional Facility. The Senator stated she received an anonymous letter from a person who claimed that he or she worked at the CYA. Nelles remained open for 113 years until budget cuts shut it down in 2004. The burials reportedly took place up to the 1930's.
If
your child is facing a commitment to the California Youth Authority,
contact the Law Offices of George Kita for a free consultation.
If
your child is already committed to the California Youth Authority
and is not receiving the services he is required under California
law, contact Attorney George Kita to discuss the possibility of bringing
your child back to Juvenile Court for possible sentencing modification.
More often than not, many juvenile courts refer children to the California
Youth Authority because they struggled in rehabilitation at the local
level, such as juvenile hall and camp. As a result, the California
Youth Authority has become a dumping ground for many children who
have relatively minor offenses but who have failed in rehabilitation
at the local level.
California Youth Authority has earned a poor reputation. Don't
be fooled by the positive spin placed
on the "Dvision of Juvenile Justice." DJJ will always be known as the California Youth Authority despite the recent name change this year. Don't be fooled by the positive spin put on the California Youth Authority by
the prosecutor. Simply put, the
California Youth Authority is not designed
for rehabilitation. The day to day misery
is nothing but punishment. It is a state
prison for children. Your child would
be better off with some other alternative such as camp, suitable placement, a residential drug treatment program or other appropriate program. Contact George
Kita, former juvenile Deputy District
Attorney for a free consultation
at
(626) 975-2080 or at (866) 548-2529 or email at juvylawyer@aol.com.
There are other options.