| Wednesday, October 22, 2003
EDITORIAL: Youth center investigation moving in right
direction
Court documents contend this: Lars Olsen, superintendent of the
former Maine Youth Center, not only knew about, but approved of
a teenage resident's repeatedly being locked in solitary confinement
and shackled for far longer than the center's policies allow.
These are only allegations, but they are extremely troubling.
Thus it is only right that the state Department of Corrections
announced this week that Olsen will step down while an investigation
ordered by Gov. Baldacci takes place. The probe stems from charges
in a lawsuit by the teenager alleging that Olsen and 13 other
current and former state employees violated youth center rules
that limited the use of solitary confinement and restraint.
IT IS BEST THAT Olsen not lead the facility in South
Portland - now rebuilt and known as the Long Creek Youth Development
Center - until the facts of the matter can be determined.
The governor is also to be commended for announcing Tuesday
that he has selected an independent investigator, Portland lawyer
Ralph Lancaster, to lead the probe.
It's a good choice for several reasons. Lancaster has a strong
investigative background - he formerly was an independent counsel
investigating charges of impropriety against U.S. Labor Secretary
Alexis Herman. Also, he is known as thorough and even-handed.
Additionally, putting Lancaster in charge shifts the responsibility
for the investigation away from Corrections Commissioner Martin
Magnusson. Magnusson was the wrong choice to look into the matter
because it involves his department and he is a named defendant
in the lawsuit.
MAGNUSSON announced Tuesday that Rodney Bouffard, the
youth center's manager of operations, will become interim superintendent.
Bouffard is not named in the lawsuit and appears to be a good
choice.
He was credited with producing positive change at the Augusta
Mental Health Institute as superintendent there from 1996 to 2000.
In his two years at the youth center, he's spoken out for rehabilitating
the residents there - who range in age from 11 to 21 - instead
of punishing them.
That wasn't the way that Michael T., a former youth center resident
who is now 21, says he was treated. His lawsuit alleges shocking
instances of repeated abuse during five incarcerations between
1995 and 1999.
It says that in one instance, the teenager was locked up alone
in a cell for nearly three months - even though the youth center's
policy at the time limited solitary confinement to three days.
ACCORDING TO the suit, he also was shackled with restraints
for more than two days - 49 hours - when the center's maximum
allowable time was just 30 minutes. He claims he remains emotionally
and physically damaged from his treatment.
His complaint alleges that Olsen, superintendent since 1998,
was among senior staff members who authorized and approved such
measures. In fact, Olsen is alleged to have personally ordered
or approved the youth's confinement beyond set policy limits 27
times.
Olsen is being reassigned to the Department of Correction's
central office in Augusta while the investigation is pending.
That is appropriate.
However, if the governor should determine the allegations against
Olsen are substantially true, mere transfer isn't enough: He should
be fired for cause.
CORRECTIONS OFFICIALS contend in court papers that -
even if the allegations are true - youth center policies allowed
set limits to be exceeded at times. However, that argument doesn't
justify such excessive and abusive treatment as this teenager
allegedly received.
Also, it calls into question officials' contention that residents
are no longer kept in isolation at the new $34 million Long Creek
facility and restraint times now are "measured by minutes."
Yes, that is the policy - but it appears youth center disciplinary
policies haven't been followed before. What is the actual practice
at Long Creek now? That's something that Lancaster's probe should
scrutinize, too.
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