PERTH - Four juvenile detention centers in New York state, including the two facilities on the Tryon Residential Center campus, will be placed under federal oversight with strict limits on the use of restraint under a settlement reached with the U.S. Department of Justice, Gov. David Paterson announced Wednesday.
Conditions at the Tryon campus, which is run by the state Office of Children & Family Services, have been in the spotlight the last several years with employees complaining about unsafe work conditions in light of changes the state made with how and when residents can be restrained. OCFS also has downsized Tryon and plans to shut down the boys component of Tryon by early 2011.
Tryon employees first told The Leader-Herald in summer 2008 that conditions at Tryon had become increasingly violent and unsafe for staffers following changes made after the death of 15-year-old Darryl Thompson of the Bronx, who died after being restrained on Nov. 19, 2006.
The settlement announced by the governor affects the Tryon Girls Center, as well as the boys component of the Tryon campus. Other facilities affected include the Finger Lakes Residential Center and the Lansing Residential Center in Tompkins County.
The settlement prohibits youth division aides from using physical force except in limited circumstances, including cases in which a youth's safety is threatened. It also requires adequate mental health care.
Measures will be phased in over the next two years. Paterson said reforms will result in improvements to the policies and practices dealing with the use of restraints, incident reporting, emergency response and mental health care for youths placed at the four OCFS juvenile justice facilities.
The agreement sets forth protocols and documentation requirements for youths who are prescribed psychotropic medications or who refuse to take psychotropic medications.
State Assemblyman Marc W. Butler, R-Newport, said this morning he was unaware of the settlement.
"We [the state] knew there was some discussion with the Department of Justice," Butler said. "It doesn't look like there was much of a surprise."
He said he "continues to be supportive" of initiatives that provide mental health counseling at juvenile detention facilities.
"With this historic settlement agreement, New York takes another step toward achieving true transformation of our juvenile justice system," Paterson said in a news release.
OCFS Commissioner Gladys Carrion said in a prepared release: "We can continue to move forward with the many improvements we have been implementing, including introduction of our New York and Sanctuary Models."
Michael Geraghty, president of Local 559 of the Civil Service Employees Association - the union for Tryon YDAs - couldn't be reached this morning.
OCFS Acting Director Susan Steele said earlier this month her agency is trying to "creatively" use Tryon employees, "who, by law, have a year there until closure of Tryon Boys is effective."
She reported these early July resident population numbers: Tryon Girls Secure, four girls; Girls Reception, five; Tryon Girls Limited Secure, 34; Tryon Boys Limited Secure, three boys.
Steele said the equivalent of 130 full-time employees currently staff Tryon girls programs, while the Tryon boys side has the equivalent of 140 full-time employees.
"Tryon's lower population is reflective of statewide and national trends," Steele said. "Systemwide, fewer youth are being placed with OCFS. Counties and New York City are doing great work by providing alternatives, diversions and community programs that wrap programs around families, close to home. These local programs are both successful and more cost-effective than residential programs."
Steele said employees must be kept on the payroll for one year until the closure is completed, unless they volunteer to be relocated. In the interim, OCFS is temporarily redeploying Tryon employees to fill in at other OCFS locations and do transports.
Steele said the Tryon campus includes programs that must be maintained and certain services that must be provided, such as cooks and teachers. Staff assigned to Tryon also are preparing for the shutdown, conducting inventory and moving, she said. They are involved with campuswide maintenance of infrastructure for continuation of girls programs at the campus.
Michael Anich covers Johnstown and Fulton County news. He can be reached at johnstown@leaderherald.com.