Mr. President I rise this morning to update this House, and indeed the nation on where we are, having received the INDECOM Special Investigation Report into the Rio Cobre Juvenile Correctional Centre less than two weeks ago.
Mr. President, I had committed when I became a Minister, to always bring to the attention of the Senate any issues found, regardless of how unpleasant, once deemed appropriate to do so. You see Mr. President, we cannot stand in this House only in times of convenience and comfort, we have to be prepared to bring the facts to the public even when it is uncomfortable to do so.
This report certainly doesn’t make for easy reading. It is the third in a series of special investigations by INDECOM into DCS (Department of Correctional Services) facilities. There have also been, in recent times, reports from the Office of the Public Defender into allegations of abuse and an alleged hunger strike at the Saint Catherine Adult Correctional Centre along with internal reviews conducted by the Internal Audit department and the Inspectorate Branch under Ministry of National Security.
Though not the focus of today’s statement to the Senate, by way of update, the internal audit conducted into the circumstances surrounding the death of inmate Noel Chambers and the treatment of the mentally ill within our facilities, has been completed and will be tabled in both the Lower and Upper Houses of the Parliament soon. As appropriate, I will seek Cabinet’s formal approval for this report next week and members can expect no delay in the reports tabling as per the commitment provided in June 2020.
Mr. President, there are other reviews taking place both by state agencies and international partners. Some of these reviews have been invited; some are by independent agencies fulfilling their remit. I expect more of the same in the short term, while necessary fixes are made.
Mr. President, I’ve had the opportunity to read and review such reports dating back to 2005. The greatest discomfort I have felt in reading and reviewing these documents has come from the realization of how similar they all are. Mr. President, it is impatient of debate that the correctional services have suffered greatly because of chronic under investment and neglect. If one is to review these documents, it will become abundantly clear that certain areas remain common to all. These primary areas of commonality include:
- Ghastly condition of all infrastructure
- The week management controls which have led to many administrative bridges
- Urgent need for the development of standard operating procedures for several sections of the operation.
However, Mr. President, the focus of this morning’s statement is indeed the most recent report into the Rio Cobre Juvenile Correctional Centre.
Mr. President, the first issue I would like to raise this morning is as it relates to the issue of ‘uncontrollable children’ in correctional facilities. Mr. President let us state categorically, they should not be there. The situation has arisen because of the discretionary power granted to the courts by the “Child Care and Protection Act” Section 24 subsection 2b. This allows a Judge to issue a Correctional Order to a juvenile deemed uncontrollable.
Successive administrations have committed to correcting this wrong. Mr. President this discretion must be removed, quite frankly we have spoken about it for too long and it is time to act. Mr. President, this administration will act! Commitment has already been given by the Minister of Education, Youth and Information, Hon. Minister Fayval Williams, and reiterated by Minister of State, Hon. Robert Morgan.
This will ensure that this injustice does not recur in the future. As it relates to the 26 juveniles who are deemed uncontrollable, who are in the custody of DCS, arrangements are being made to firstly have them separated from those juveniles who have been criminally charged or convicted, while consultations are had with the Courts and the Minister of Education in a bid to seek their permanent and appropriate relocation.
Mr. President, colleague Senators, a correctional facility is simply not set up to deal with the nuanced issues facing juveniles deemed uncontrollable. In fact, our correctional officers are simply not trained to manage them and provide the necessary psychosocial support. They are trained to manage those on remand, or those convicted of criminal offenses. To my mind, the injustice is compounded when one considers the profile of the population of our wards.
Mr. President, we have just over 200 juveniles in our custody. Approximately 17% of them were sent to us by the Courts after being deemed uncontrollable. One must remember the DCS is a ‘creature of instruction’.
However, Mr. President, just for colleagues to understand and appreciate the issues a correctional officer will face in executing his or her duties, I thought important to share the profile of the population of wards. You see Mr. President, we have wards, who have been remanded and convicted for crimes including murder, shooting, illegal possession of firearms and ammunition, rape, buggery, robbery, house breaking, and destruction of property amongst other crimes.
One can imagine that creating the ideal process for securing, and rehabilitating our wards is indeed challenging. In fact, some of the dangers faced by our correctional officers working in juvenile facilities are no different than those working in adult facilities.
Mr. President, contained in the INDECOM report are several issues grounded in the appropriateness of disciplinary measures and allegations of heavy-handedness. Now though, much of the report and assessment of the allegations has been deemed inconclusive by the investigators, therefore, we have taken the steps to invite the appropriate external agencies including the CPFSA and CISOCA, to investigate. Further we have asked the Inspectorate branch, within the Ministry of National Security to review the situation and determine if there are indeed administrative breeches.
Despite angry and loud calls for the Minister to fire people at will, I think colleague Senators Gayle and Brown would understand more than most why that is not appropriate and in fact not legal. Quite frankly, the Minister has no such power to wantonly fire anyone. We will however, in consultation with the Office of the Services Commission pursue any and all disciplinary measures deemed appropriate once investigations are concluded.
Mr. President, I thought it important to note that despite, not being listed in the report as infractions which have caused disciplinary action to be applied, some of the infractions have included the throwing of feces and semen at our correctional officers and staff; the destruction and vandalism of the facility including the destruction of a TV for the dorms; and the gang beating of another ward. All of which would’ve taken place within the same period of this report.
Discipline
Mr. President, that aside the question still arises as to what is the appropriate form of discipline for our juveniles, how should it be applied, and have our officers stuck to the established standards.
Now I won’t spend the time allotted to me for this statement going through every procedure as listed currently in our SOPs and train manuals. However, to note that even inmates and wards are entitled to hearings in the facility, the principle of natural justice is not dispensed of, inside facilities. There also must be appropriate documentation held in all cases.
Mr. President, the use of the “Jail Block” has come under scrutiny. Despite being used for years; its use must be reviewed. I have already issued written instructions to the Commissioner of Corrections, Lt. Col. Gary Rowe, which include the following:
- The “Jail Block” is not to be used without written instructions from the Superintendent.
- The intention for the area is not that it is to be used as a punishment, but rather as an area of separation when the assessment of the Superintendent is, that either the ward is in danger or endangering the well-being of others.
- Under no circumstances should the ward/wards be stripped.
- If there are concerns about the ward being a danger to himself, the appropriate consultation with the medical officer must be had and they must be placed in the Suicide Watch Rooms designated for such, while they receive care as opposed to the “Jail Block”.
Additionally, for information the area has two cells, and urgency work will be done to add an additional bathroom area, and the area will be reconfigured to ensure that no request has to be made of anyone in the area to use the bathroom.
Mr. President, for context, the most recent use of the “Jail Block”, was to separate 4 boys from the ward population after they had gang beaten another boy. This was to ensure his safety.
There are in the report other allegations of abuse, I have instructed the Commissioner Gary Rowe to forward these allegations to relevant state agencies for further investigations. The report also alleges that the proper standard of reporting was not maintained and this will be a focus of the Inspectorate branch as it conducts its investigation.
One thing is for sure, a critical part of any rehabilitation programme must be indeed discipline, however, this must be administered in an appropriate and consistent manner.
Education
Mr. President, an area of particular concern to me in the report were allegations related to students being barred from sitting examinations. Though this matter is also the subject of investigation, I think it important to update the Senate on preliminary findings because of the gravity of the allegations. The findings so far, have not supported this allegation, (admittedly the INDECOM Report also says no evidence have been found of an effort to bar students). However, the listed allegation in the report lacks context. In one of the cases the ward, which had been released from the institution, returned to sit exams and was barred from entry after trying to smuggle contraband. Arrangements were made for him to sit the exam at another institution, and similar infractions occurred and he had to be removed there as well.
Without going into detail, for obvious reasons, only one of the cases gives me concern, and I will be monitoring the outcome of that investigation very closely, and commit to updating the Senate on its conclusion.
I think it important to state that the access to education is a critical pillar to the rehabilitation process, and we will not allow any hindrance to be placed in the way of the wards, in our care.
The Remedy
Beyond this Mr. President, I think it important to update the Senate and indeed the nation that we have convened a ‘Working Group’ to address much of the issues in the report, but with particular focus on the ‘duty of care’ to these inmates. The work will include:
- The focus on developing SOP’s which are in line with best practices and culturally appropriate for the discipline of inmates.
- Enhanced training for our officers who interface with juveniles.
- Enhanced training for our inmates.
- The conducting of a review of the educational programme within our facilities.
- An evaluation of the psychosocial support available to wards.
Chief Technical Director, (CTD) Shauna Trowers at the MNS will chair this working group and the following groups have been invited to nominate a representative and participate:
- The MOEYI
- The MOHW
- The Public Defender
- CISOCA
- The Children’s Advocate
- CFPSA
- UNICEF
- The Psychiatric Association
- The Disabled Community
Mr. President, I will also be engaging the unions representing the correctional officers within the facilities to provide representation on the working group.
This will not be a committee for announcement purposes. The TOR will be published and the completion of the work will target a 90-day deadline.
This group will be given the 100% support of DCS, and total access to our facilities to ensure the plan when completed, is indeed the road map to ensure discipline, education and the care, physical and psychological for our wards is appropriate and achieves the goal of rehabilitation.
Infrastructure
Mr. President, the state of the infrastructure in the Department of Correctional Services is well known to be abominable. The state of affairs has been exacerbated by the budgetary cuts because of the impact of the COVID-19. Though, as at the end of 2019, we had spent considerably more than the previous administration on improving the infrastructure and providing greater access to sanitation. It simply was not enough.
The cut of over $300million from the 2020-21 capital budget was a hard pill to swallow; though it was expected and understood, this allocation represented well-needed investment to continue to improve conditions in the facilities.
That aside Mr. President, the issue of the condition of DCS infrastructure has once again been placed front and center in the INDECOM Special Investigation Report into the Rio Cobre facility.
The report said:
“The facility is in relatively good condition and overall the words commented favorably on many aspects of the regime – namely the cleanliness, food, recreation and ablutions. However, The physical infrastructure in some areas was very poor, specifically the bathrooms in the dormitories were observed to be in very poor condition with the toilets missing seats lids and were heavily stained. The Absence of doors of doors on the toilet stalls was holy unsatisfactory and deprives Words of privacy and dignity. Broken facets On face basins and leaking showers require immediate remedial repairs”.
Now on the face of it, from my own observations from a tour of the facility yesterday, these are fair criticisms and require immediate attention. The necessary process to have these matters addressed is underway.
I however, wish to update colleagues on work, which has been done on the facility and is indeed under way with a targeted completion date of April 15th.
$171Million JMD is being spent on the facility.
| Monies Allocated to Repair of Facilities/Capital Works |
| |
| Financial Year |
Amount ($’000) |
Financial Year |
Amount ($’000) |
| 2016/17 |
283,000 |
2015/16 |
110,000 |
| 2017/18 |
170,750 |
2014/15 |
200,000 |
| 2018/19 |
108,000 |
2013/14 |
176,400 |
| 2019/20 |
287,000 |
2012/13 |
111,249 |
| 2020/21 |
86,400 |
2011/12 |
39,800 |
| TOTAL |
935,150 |
TOTAL |
637,449 |
The above represents expenditure for DCS facilities over the past 10 years.
Please note also that the Current year 2020/2021 the original estimate is set out below:
|
|
|
Original Estimate |
Revised Estimate |
| TOTAL CONSTRUCTION PROJECTS |
|
|
393,000 |
86,400 |
|
|
|
|
|
| PURCHASE OF MOTOR VEHICLES |
|
|
151,000 |
87,749 |
|
|
|
|
|
| TOTAL CAPITAL BUDGET |
|
|
544,000 |
174,149 |
Fiscal Years 2016/17 to 2019/20 (4-year period), the spend on DCS capital would have yielded almost a billion, with the precise amount noted (based on info received) would be $848.75 M
However, I believe the time has come to approach the development and maintenance of our facilities in a structured and systematic manner. Similar to the approach used for the upgrade of over 100 police stations in the “Project R.O.C”.
The approach we will take will include the following phases and steps:
First phase:
- A risk assessment of all facilities by the Jamaica Fire Brigade to determine risk levels for fires and other disasters to ensure remedial work is prioritized in line with a risk assessment.
- An engineering assessment of all facilities to properly determine the conditions and the costs for renovations and maintenance of our facilities.
Second phase
- The continued engagement of DBJ to develop the financial modality for funding of a new adult correctional facility.
- The process of getting ‘shovel ready’ for the following necessary infrastructure developments:
- A forensic ward;
- A prison infirmary;
- Suicide watch rooms in all facilities;
- A massive sanitation upgrade of all facilities;
- Digital court room build outs;
- A “Super-max” facility for some of our worst gang leaders and violence producers.
- A joint project with a NGO, which I will name in short order to relocate all bedridden inmates.
This Mr. President, is the work that must be undertaken to bring the DCS into the 21st century, along with a full overhaul of the Corrections Act and an updated training programme.
Mr. President, the reading of the reports from the last 10 years has been a “heavy” exercise, but we have a duty to make the changes necessary to ensure better outcomes for those in our custody and indeed better security outcomes by targeting a 50% reduction in the current recidivism rate.
Mr. President, with that I close and invite responses and questions from my colleagues in the opposition.
