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Posted on Fri, Feb. 24, 2006
JUVENILE JUSTICE
Boot Camps to Ban Manhandling of
Kids
The State's Juvenile Justice Agency Wants to
Avoid Another Boot Camp-Related Death and Wants to Do Away With the
Violent 'Pain-Compliance' Techniques.
By MARC CAPUTO AND CAROL MARBIN MILLER
mcaputo@MiamiHerald.comTALLAHASSEE
In the aftermath of Martin Lee Anderson's death
after he was beaten by guards at a juvenile boot camp, state officials
want sheriffs to do away with the violent ways of handling kids: No more
punches. No more pepper spray. No stun guns.
The Department of Juvenile Justice has told the
sheriffs who run the state's five boot camps that the measures will help
ensure there will never again be an incident that resembles the
videotaped beating of the 14-year-old at the Bay Boot Camp by a scrum of
kneeing and punching military-style drill instructors.
Among the measures DJJ wants:
• Ban the punching, kneeing, wrist-twisting and
pressure-point-pushing on nonviolent kids, and prohibit the use of
''electronic devices'' like stun guns and the use of ''chemical
agents,'' such as mace-like pepper spray.
• A nurse must be present when youths exercise, and
must have complete authority to halt it and call 911.
• Give each youth an EKG heart-stress test, a
complete physical and drug test.
• Ensure cameras and defibrillators are readily
available.
Some of the sheriffs, such as Polk County's Grady
Judd, say the measures, spelled out in individual conversations with DJJ,
are good. But Judd said his guards don't use the violent techniques, and
added that some of the measures the state wants, such as new equipment,
will require extra money from the Legislature. Boot-camp experts and
lawmakers who have scrutinized DJJ-related deaths liked what little they
heard, but still had criticisms.
''These sound like good things. The question is:
Where have they been all this time? A lot of those things, I'm shocked
they're talking about this late in the game,'' said state Rep. Dan
Gelber, a Miami Beach Democrat who is a former federal prosecutor who
helped convict police officers in brutality cases.
DJJ officials told The Miami Herald they would not
discuss the policy changes, which still must pass muster with
legislative leaders.
SURPRISED
Gelber and the rest of his colleagues on the House
justice appropriations committee were surprised Thursday when DJJ's
number two man, Chris Caballero, refused to say whether boot-camp guards
were legally allowed to inflict pain on nonthreatening children who
won't comply with simple commands, such as running laps.
Caballero said he wasn't sure what use-of-force
policies applied to which boot camps and when. The camps, which sheriffs
run under contract with DJJ, are allowed to use more-violent means to
control kids than other lockups.
While refusing to tell lawmakers about the policy
overhaul, Caballero ducked specifics, saying an answer to the
pain-infliction question could affect the investigation into Martin's
death on Jan. 6. Caballero said use-of-force standards generally forbid
the nonmedical use of ammonia agents on kids as well as knees to the
back -- both of which Martin apparently sustained. He added that pain
infliction can be used in some cases, but wouldn't say whether it can be
used on kids who are nonviolent.
Miami Beach Democrat, on proposals to ban boot-camp
guards from punching
and using other violent techniques
answer that's applicable here,'' he said. ``It
depends on the situation. If it's appropriate to use hammer strikes
[punches] or knee strikes, then it is used. If it's not appropriate then
someone is acting outside of the scope of their employment and therefore
it's outside the scope of the employment and is breaching the curriculum
and their training.''
Caballero would not say what's ''appropriate,''
saying such a definition was ''in the standards'' -- referring to the
state's voluminous Criminal Justice Standards and Training Commission, a
Florida Department of Law Enforcement group that develops guidelines for
law-enforcement officers.
But the training-commission standards may not apply
to most of the guards at Florida's juvenile boot camps.
AMMONIA
Bay County Sheriff Frank McKeithen has decided to
close the Panama City boot camp within 90 days. Before announcing he
would close the camp, McKeithen also said he banned the use of ammonia
agents, which are supposed to be used to revive kids. In the tape
showing Martin's manhandling, guards appear to shove the ammonia
repeatedly in his face.
Shauna Manning, mother of a 14-year-old boy who
said he witnessed the incident at the boot camp, said her son told her
the guards used the tablets all the time to instill discipline -- and
fear.
''They're real sick. They get pleasure out of
torturing children,'' she said.
Caballero suggested to the legislative committee
that the use of ammonia agents in that fashion wasn't permitted for
guards.
''Ammonia is not considered a part of their
training and their curriculum. Therefore, it can only be used for
medical purposes,'' Caballero said. ``It's not part of their everyday
behavior modification program as it relates to this particular training
program with which this staff is certified.''
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