 "Photo: Tina Hogue")
Local residents criticized the Texas Youth Commission's proposed draft of a use-of-force policy as vague, among other problems, at a public hearing Monday.
Representatives from advocacy groups and the commission attended the meeting in the Brown-Heatly Building on North Lamar Boulevard, where the commission's offices are located.
The draft limits the use of pepper spray and physical restraint to three situations: "to prevent loss of life, damage to property or imminent bodily injury."
It also suggests pepper spray should be used before physical restraint in violent situations.
Richard LaVallo, an attorney for Advocacy Inc., said some parts of the draft are vague and may allow for the use of pepper spray against mentally ill youths.
"The big thing that needs to be fixed is their culture," LaVallo said. "Are we going to treat kids or force kids to comply?"
He said that there is only one facility dedicated to mentally ill youths and in most cases they are among the general population. LaVallo said 41 percent of incarcerated youths suffer from mental health problems.
Rodney Rowch, a commission officer in attendance, expressed his support for the use of pepper spray in some cases. He said he has previously used pepper spray while on duty.
"I was trained to use pepper spray at times and was denied the use of that pepper spray," Rowch said. "One of my colleagues was also denied. About a week later, a youth was severely injured in an incident, where if she had the opportunity to have pepper spray, would not have
happened in my opinion."
The group does not oppose the use of pepper spray in situations that would cause serious injury or death to youth or staff, LaVallo said.
"But just to have it there to spray kids when there isn't a threat of harm or to threaten kids, 'if you don't behave we're going to spray you,' that is a violent act," he said. "That's not teaching kids how to behave and prepare them for life after TYC."
LaVallo noted that other measures can be taken before pepper spray is implemented, including softer physical restraint.
"Physical restraint, if it's done properly, is not wrestling kids to the ground," LaVallo said. "We're not in a rodeo; we're not bull riding. The reality is that there are techniques that are used that are effective in de-escalation in crisis intervention."
Others in attendance criticized the commission for punishing rather than rehabilitating youths.
"These youths are not going to be in your care forever," said Aaryce Hayes, a social worker for the advocacy group. "When they leave here and they go into the community and they have not learned self-control, then it's going to be law enforcement that is going to be that external control. They may not be back in your system, but they will be in the adult system instead."
Steve Foster, the commission's general counsel and moderator of the meeting, said he will send the comments back to commission officials.
"This issue is such a fine line in trying to ensure that you have an orderly facility versus the safety of the youth and our staff," Foster said. "I wish we could do something that would instantaneously create order. Order allows for the time of rehabilitation. Control just makes someone stand or sit."
LaVallo said that he hopes the commission will consider the group's recommendations.
"If it doesn't work out, then we'll have another lawsuit," LaVallo said. "We want to work things out."
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