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Colorado Springs legislator’s bill could limit youth confinement

A bill that strictly limits putting juveniles in solitary confinement was introduced Tuesday by lawmakers concerned that the practice is harmful to Colorado’s detained and committed youths.

The Division of Youth Corrections, which oversees 10 facilities across the state, changed its policy in 2015 after parents of a youth put in solitary confinement for 22 days contacted the American Civil Liberties Union. The Gazette reviewed thousands of incident reports that lawmakers opened for scrutiny and found that seclusion was being used as a type of punishment and for extended periods of time, despite a long-standing law prohibiting those actions.

“Clearly, as The Gazette article pointed out, DYC has not felt constrained by their own policies in the past, and policies can change as philosophies and management change,” said Rep. Pete Lee, D-Colorado Springs.

Lee, an advocate for programs that help rehabilitate juveniles rather than incarcerate them, introduced the bill Tuesday with Rep. Beth McCann, a candidate for Denver district attorney.

“Research shows that using solitary confinement, particularly for juveniles, it really can be very harmful for their mental health and development,” said McCann, D-Denver. “To me, it doesn’t really serve a useful purpose except for in an emergency when you need to get the young person out so they are not dangerous to other people. It isn’t really rehabilitative.”

The bill states that a juvenile cannot be placed in isolation or seclusion unless it is an emergency situation where there is an imminent threat of bodily harm. The juvenile must be checked on every 15 minutes, and seclusion can only continue for four hours, at which point a medical doctor and the director of the facility must be consulted. Parents must also be notified.

Lee and McCann said they are working with the division on the policy. They said management of DYC, which is overseen by the Department of Human Services, is concerned about putting a hard limit in state law.

A spokesman for DHS said Monday that they wouldn’t comment on the bill until it had been introduced. It was expected to be read in the House chambers Tuesday afternoon and assigned a bill number.

“I think putting violent, angry, possibly emotionally disturbed children in isolation exacerbates all of their conditions, and we want to move to a more effective and humane program of dealing with juveniles,” Lee said.

Contact Megan Schrader: 286-0644

Twitter @CapitolSchrader

Incident reports from Spring Creek Youth Corrections Facility in Colorado Springs detail the use of administrative seclusion at the facility. Last summer Fabian Quintana spent 22 days isolated in a cell at the facility. The punishment – carried out under a secretive program violating state law – was common practice at all 10 state-run youth corrections facilities in Colorado. The Gazette received the incident reports after a year-long battle. Photo illustration by Mark Reis, The Gazette

MARK REIS

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