Transparency and Reform in the Texas Youth Commission
In early 2007, the Texas Youth Commission was placed under conservatorship
and the agency began a complex overhaul of its structure, policies and procedures in response to allegations of system-wide
physical and sexual abuse of youth in TYC. As part of our juvenile justice work,
Texas Appleseed closely monitors the treatment of incarcerated youth—and in 2007, successfully teamed with
Advocacy Inc. to bring suit against TYC to prevent a dramatic increase in the use of pepper spray to maintain
order in youth facilities.
Latest News
- After being sued twice to stop expanded use of pepper spray, the Texas Youth Commission agreed to abide by its existing administrative
rule regarding use of pepper spray—and is reporting a significant drop in pepper spray use in its facilities.
- TYC is reexamining its use of force policy.
Project Background
During the 2007 legislative session, lawmakers passed Senate Bill 103, an ambitious and comprehensive reform bill aimed
at correcting problems that led to abuse of youth in TYC facilities. As an outgrowth of its work around fair defense of
juveniles, Texas Appleseed monitors how young people, particularly those with mental and emotional disabilities, are treated in TYC.
In September 2007, with the pro bono support of George & Brothers, L.L.P., Texas Appleseed and Advocacy, Inc. filed a petition
in Travis County district court seeking to set aside an August 2, 2007, executive directive that led to a dramatic increase in use
of pepper spray on youth in TYC. The suit alleged that the executive directive circumvented rule-making procedures required under the
Administrative Procedure Act. It was filed on behalf of three plaintiffs, each of whom had a disability or mental illness and suffered
injury after exposure to pepper spray. After TYC settled the suit and pulled down the August 2, 2007 directive, reports that the agency
was using pepper spray in violation of the settlement agreement led the parties back into court. TYC again entered into a settlement
agreement, this time issuing an agency-wide memo directing a return to a policy that has led to a dramatic reduction in pepper spray use
in recent months. The TYC is continuing to review its overall use of force policy.
To read the new compromise agreement, please click
here. To read the new compromise agreement addendum, click
here. To read the Motion to Enforce, click
here. To read the settlement agreement, click here.
To read the original petition, click here.
Pro Bono Partners & Collaborators
- Jim George, Past Chair of Texas Appleseed and partner George & Brothers, L.L.P. Served as as lead counsel in the lawsuite against the Texas
Youth Commission.
- Richard Lavallo, Senior Attorney with Advocacy Inc. partnered with Texas Appelseed in advocacy and legal action around the pepper
spray issue.
2007 Major Accomplishments
- Pepper spray use in TYC facilities dropped significantly following the second settlement agreement in litigation brought by
Texas Appleseed and Advocacy Inc.
- TYC is considering a new use of force policy that includes pepper spray.
Media Coverage
"Report Criticizes Harris County Juvenile Facilities"
Houston Chronicle,
March 24, 2008
"Harsh Treatment for Youth Offenders"
Editorial New York Times,
December 8, 2007
"Teen Inmates Pepper-Sprayed on Videotape"
Austin American-Statesman,
December 4, 2007
"TYC Considers Changes To Use-Of-Force Policy"
KXAN.com,
December 4, 2007
"TYC Urged to Limit Pepper Spray"
Houston Chronicle,
December 3, 2007
"State, Youth Advocates Reach Deal to Limit Pepper Spray"
Austin American-Statesman,
November 30, 2007
"TYC Agrees to Change Pepper Spray Policy"
Houston Chronicle,
November 29, 2007
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