A security fence surrounds the entrance to the Lincoln Hills School for Boys and Copper Lake School for Girls complex in rural Irma, Wisconsin, in this file photo. Some youths in custody have been telling their legal representation that they are being “isolated for prolonged periods.” (Dan Young / USA TODAY NETWORK-Wisconsin)
By Devin Blake
This story was originally published by Milwaukee Neighborhood News Service, where you can find other stories reporting on fifteen city neighborhoods in Milwaukee. Visit milwaukeenns.org.
A federal judge has stated that he will not permit changes to a 2018 legal settlement that limits disciplinary practices at the state’s youth prisons.
The judge wrote a letter on Aug. 20 explaining his reasons after state lawmakers told the Wisconsin Department of Corrections that staff need more discretion in disciplining incarcerated youths.
The judge’s refusal to permit these changes is a win for the incarcerated youths as well as prison staff, according to legal experts.
“Legislative Republicans know they share culpability for the outrageous conditions of our prisons and youth justice facilities,” said Sen. Kelda Roys, D–Madison, a member of the state’s Senate Committee on Judiciary and Public Safety. “Instead of implementing evidence-based best practices … Republicans are advocating for more use of pepper spray on children.”
Current practices
At the state’s youth prisons, Lincoln Hills School for Boys and Copper Lake School for Girls, there are clear rules about what discipline is and is not allowed.
These rules include bans on the punitive use of solitary confinement and the use of pepper spray. Strip searches and mechanical restraints, like belly chains and handcuffs, are restricted.
Experts in criminal punishment and juvenile corrections say that these rules are clearly important to have in place.
Solitary confinement can lead to both physical and psychological damage, including an increased risk of suicide, according to Craig Haney, distinguished professor in the psychology department at the University of California, Santa Cruz, and a researcher on the effects of solitary confinement.
This confinement can be especially harmful to children and adolescents.
Youths at Lincoln Hills and Copper Lake have consistently complained about prolonged periods of confinement.
Pepper spray also has a long-documented record of harmful effects.
“I think banning the use of pepper spray in juvenile detention facilities is really not a radical act,” said Zoe Engberg, clinical assistant professor at University of Wisconsin Law School. “In 2018 … 35 states had already done this – they already completely prohibited the use of pepper spray in juvenile facilities.”
The reason for this, Engberg said, is because it has both short-term and long-term health consequences, on every single person in the vicinity of the spray, including those who might have medical or mental health issues.
‘Get the bullseye off their back’s
Members of the state Senate Committee on Judiciary and Public Safety as well as the state Assembly Committee on Corrections believe they are justified in their request to make changes to the consent decree for Lincoln Hills and Copper Lake.
Among those who made the request are the chairs of both committees, Sen. Van Wanggaard, R–Racine, and Rep. Michael Schraa, R–Oshkosh, respectively.
They, and other colleagues, made their request to the Department of Corrections after a 16-year-old boy at Lincoln Hills assaulted two staff members in June.
One of the victims, Corey Proulx, died as a result, according to the Department of Corrections.
“Lincoln Hills (and Copper Lake) staff need to get the bullseye off their back, so that they may safely and efficiently ensure the security and welfare of themselves and the residents … ,” the committee members stated.
The letter also alleged that a number of violent incidents have gone unreported to law enforcement and the general public.
Legal context
The cause of the danger, the letter stated, is the 2018 consent decree, a legally-enforceable agreement limiting previously-used disciplinary tactics.
The consent decree resulted from a 2017 lawsuit filed on behalf of youth at Lincoln Hills and Copper Lake, and it alleged youth had been subjected to unconstitutional treatment, including unlawful solitary confinement, mechanical restraints and pepper spraying.
Wisconsin Gov. Tony Evers sent a letter to the judge overseeing the consent decree, essentially making the complete opposite claim as Wanggaard and Schraa.
“We have seen staff assaults at Lincoln Hills (and Copper Lake) on the decline, and the facility’s workers’ compensation claims continue to show an overall downward trend,” Evers wrote.
The judge did not address claims about relative safety at the prison. Instead, he said that “if some provision in the consent decree poses a risk to youths or staff, I’d like that to be put on the record in the case so I can address it properly.”
“The problems at Lincoln Hills (and Copper Lake) have deep roots. … But it appears to me that the path forward was recognized in 2018,” he wrote. “I would encourage the legislature and the governor to commit to that path … .”
Responses
The American Civil Liberties Union of Wisconsin and the Juvenile Law Center, which filed the 2017 lawsuit, both agree with the judge.
In a joint statement, they said that the death of Proulx was “heartbreaking,” but “rolling back the reforms made at Wisconsin’s youth prisons will not lead to more safety.”
Rose Scott, president of Prison Action Milwaukee, thinks efforts at the prisons should be focused on moving forward, not backward.
Prison Action Milwaukee is a local nonprofit that advocates for individuals impacted by the criminal legal system.
“They should not bother that decree,” Scott said. “They should close those two places (Lincoln Hills and Copper Lake) down,” referring to legislation mandating the closure of the prisons and the building of new ones.
In an email, Wanggaard expressed disappointment in Evers and the Department of Corrections.
“I will continue to push for responsible training and tools at Lincoln Hills (and Copper Lake) to ensure the safety of juvenile inmates and staff,” Wanggaard said.