Senator Calls Drug Audit of Youth Corrections ‘Disturbing’

State Senator Lucia Guzman (Senate District 34), uses the words ‘disturbing’ and ‘alarming’ to describe the reactions of members of the Legislative Audit Committee to the findings of a recently released audit on the use of medications in Colorado youth corrections facilities. Senator Guzman, Chair of the Judiciary Committee, has studied national trends in the juvenile justice system.

In an exclusive interview with Catherine Strode, she expresses her view that Colorado is on the ‘wrong path’ and needs to change its direction on its approach to dealing with youth in the criminal justice system.

What is your reaction to the audit report on the over use of psychotropic drugs in the Division of Youth Corrections?

“That report was very disturbing to all of us on the audit committee, not just myself. Disturbing, and in an alarming way, to hear about the irregularities in terms of the supervision of these kids and their medical needs. It was just very disturbing. I think that this will certainly lead to major changes. This is not an adequate, efficient, or just, way to deal with our kids that are incarcerated.”

Do you feel there is too much reliance by staff on chemical restraints of these kids?

“It certainly seems so from this report. But of course we have only had one view. That report did seem to say to us that staff move in that direction too quickly and we don’t know the outcome. There’s not a set of criteria that they’re using. It just needs better supervision, better attention all the way around.”

Do you think there will be legislation coming out of this next session regarding this topic?

“I would imagine that there will be. When this information got out, it was surprising to all of us. I would imagine there’s already work going on either individually, or within groups that have concerns, so legislation could be on the brink. I think there might be something in terms of the medication, the drug maintenance, the drug system that might be used there. I did ask my colleague, Dr. Irene Aguilar, to review the report and give us insight and information and possibly a sense of how this can be done in a better way and if legislation is needed. I think the funding is definitely important but there are so many of these other issues that are just as important and I think if we can steer the issues in that right direction, we can get some stuff done.”

How will Colorado put a new system into place for oversight?

“The Department of Human Services did agree with all of the recommendations that were recommended that day. Now, the Department has the responsibility of carrying those things through. However, that doesn’t negate legislators working together and finding legislative opportunities to bring the services into a better compliance. There are many ways that can occur: by the Department reviewing the recommendations and setting up protocols, regulations, rules, to operate under to bring about a more efficient program; also, the legislature can continue this movement to rectify the concerning issues we found there. There will need to be funds as well. When you have an organization, you have a program, you have good supervision, you have good leadership, you have the staff that are willing and ready to work, funding should not be the major reason why there are inadequacies in terms of dealing with our kids.”

What national trends in the juvenile justice system do you think Colorado should be emulating?

“The national trends that we’ve studied on the Judiciary Committee say that evidence based research is the foundation. I’m not sure if the Department of Human Services is using this approach within the Youth Division. If we just look at the national trend of using evidence-based practices, even if we don’t look at specific trends in regards to medications, right there would say to us that we’re on the wrong path right now. We really need to change our direction, and know what we’re doing, do what we need to do, and make a difference in the lives of these kids.”

What do you feel is the most effective means of promoting rehabilitation and reducing recidivism rates?

“From the very time a child is picked up or arrested, there should be the best opportunities for them to receive not only legal advice, but be evaluated correctly. From the time they are in the hands of our public officials, our public programs, that is essential. They should be looked at holistically: what have they done before, what is their family life like, what are their issues, with the idea that these kids belong to Colorado. These children should be given the opportunity to reform their lives, to restore their sense of quality, and to bring them to the place where they are mature Colorado citizens giving back to Colorado in such a wholesome way. That attitude has to be there and it has to be backed up by important staff, by protocol, by proper research, by professionals who know what they are doing and why they’re doing it – by putting that child first.”

AdvocacyDenver has a position paper on juvenile justice. Do you think we should add a piece on chemical restraints?

“Yes. Absolutely. I do believe you should do that. You are an organization that we depend on, and I think to add that to your report, to your research and findings, would be helpful to the General Assembly as well as to the people of Colorado and to the juveniles and the kids that are in our system.”