BY HAND The Honorable Patricia C. JessamyState's Attorney for Baltimore City Clarence Mitchell, Jr. Courthouse 100 N. Calvert Street, Rm 208 Baltimore, Maryland 21202 The Honorable Ellen M. Heller Administrative Judge Circuit Court for Baltimore City 111 N. Calvert Street, Rm 534E RE: Request for Grand Jury Investigation of the Baltimore City Detention Center Dear Judge Heller and Ms. Jessamy: On November 4, 1999, Human Rights Watch will release a report entitled No Minor Matter: Children in Maryland's Jails.(1) While the Report discusses conditions at several adult jails throughout Maryland, the most disturbing findings concern the treatment of juveniles at the Baltimore City Detention Center ("Jail"). The Report exposes serious violations by Jail officials of Maryland and federal law. Given the severity of the conditions found by Human Rights Watch, we respectfully request that a grand jury immediately be convened to investigate and report on the conditions at the Jail as mandated by Md. Ann. Code art. 27 §§ 703 and 703 ½ (1996). No Minor Matter exposes very serious allegations of official misconduct and abuse of children. Unfortunately, the conditions identified are neither new nor previously unknown. The mistreatment of juveniles at the Jail is a longstanding problem that has been the subject of much media attention. Human Rights Watch has contributed significantly to the debate by conducting a thorough well-researched investigation and by issuing a thoughtful and balanced report. We earnestly hope that this Report will serve as a clarion call to responsible officials to finally take definitive action. Maryland law gives you unique power, through the use of the grand jury, to make a difference. I. Human Rights Watch Found Deplorable Conditions The most significant findings made by Human Rights Watch include the following:
The Human Rights Watch report documents instances of physical abuse and assault on incarcerated youth by staff. No Minor Matter at 83. The described incidents were unprovoked or were in response solely to a verbal assault. Assaults by staff and the use of excessive force violate Article 24 of the Maryland Declaration of Rights, the Due Process Clause of the Fourteenth Amendment to the United States Constitution, and the Maryland Criminal Code.See Md. Ann. Code Art. 27 § 35C (1996 & 1998 Supp.).
The Human Rights Watch report describes a climate of violence and fear at the Jail. Fights are a regular occurrence and the facility is awash in home-made knives. No Minor Matter at 71. Youngsters claim that, in some instances, staff provide them with the weapons or with other contraband. Id.
Staff encourages the violence between youthful prisoners. In a ritual called the "square dance," guards lock two young inmates in an eight foot by eight foot holding pen to beat each other. Id. at 72-73. Children suffer broken noses, serious cuts and bruises. Until recently, these gladiator matches were conducted with bare fists, but now staff give the youth boxing gloves. Id. In other cases, children describe staff indifference to threats from older prisoners. In one case, a child had to engage in suicidal behavior to be moved from a cell adjacent to adult prisoners who daily threw human feces into his cell. Id. at 1. Staff must take reasonable precautions to protect children from obvious risks of harm. The failure to do so deprives these youth of their civil rights. See generally Farmer v. Brennan, 511 U.S. 825 (1994); See also Youngberg v. Romeo, 457 U.S. 307 (1982); Alexander S. v. Boyd, 876 F. Supp. 773 (D. S.C. 1995).
The report of these fights should not come as a surprise to Baltimore residents. For the past three years, local newspapers have often reported about violence between prisoners at the Jail. Several stories offered accounts of youth and young adults having been brutally attacked with homemade knives resulting in multiple stab wounds. See, e.g., Ivan Penn, Detention Center Inmate Stabbed by Other Prisoners, Baltimore Sun, July 26, 1997, at 3B. See also Richard Irwin, Inmate, 15, Stabbed During Attack by Other Teens at Detention Center, Baltimore Sun, June 10, 1996, at 4B.
The Report found serious deficiencies in the provision of medical and mental health services. Children who requested medical attention waited days or weeks to see a provider or were denied medical care altogether. No Minor Matter at 86. Of acute concern is the denial of regular and routine gynecological services for young women. Id. at 88. This population is at high risk for serious reproductive illnesses. Deliberate indifference to the serious medical needs of these children violates the constitution of the United States. See generally Estelle v. Gamble, 429 U.S. 97 (1976).
The Human Rights Watch Report describes overcrowded, filthy and unhealthy conditions. Plumbing is often broken or inadequate, ventilation and light are poor, and efforts to clean and repair are rare. Some children are confined to cells with no natural light. Compounding the uncleanliness of the environment is the virtual impossibility of children to obtain clean clothes or bedding. Some children report wearing the same underclothes for two weeks at a time and sleeping on "grimy foam pads or filthy cloth pallets with little padding." Cockroaches infest the institution and children report finding mouse droppings in their clothing. No Minor Matter at 46-67. Unfortunately, the deplorable physical conditions that were reported by the Human Rights Watch should not surprise most Baltimore City residents. Described by a state official as an "old-style jail you see on television," the Jail was built in the late 1800's, and is a disheartening reminder of the crime that plagues this City as well as other urban centers in this nation. Id. at 46. The daily number of over 3,000 prisoners only increases the wear and tear on an already antiquated facility. However, subjecting any prisoners, particularly young offenders, to roach and rodent infested cells that are poorly lit, heated and ventilated is appalling and unacceptable.
Children reported to Human Rights Watch that they were given small, inadequate and poorly prepared portions of food. Id. at 64. As teenagers, these children have significant nutritional needs to maintain health, to develop physically and for comfort. The denial of food is callous and cruel.
While the educational programming at the Jail "offers virtually the only regularly scheduled activities for youths in the detention center[,]" id. at 96, a substantial percentage of youth, almost 15%, receive no educational services at all because they are in administrative segregation. Id. at 98. Many students with special education and related services are denied federally mandated services. Id. See also Individuals with Disabilities Education Act, 20 U.S.C. § 1412 et. seq. (1997); Md. Code Ann., Educ. § 8-401 et. seq. (1997) . Additionally, youngsters at the Jail receive three hours and fifteen minutes of classes, No Minor Matter at 96, which is below the mandatory requirement under state law. See Md. Code Ann., Educ. § 7-103.
Discipline in the Jail is arbitrary and excessive. Children confront a Kafkaesque world in which they are held responsible to comply with rules that have never been provided to them. Id. at 74. They are subjected to disciplinary procedures without notice and punishments are meted out in a arbitrary and unreviewable manner. Id. at 75. They are often confined for long periods of punitive segregation, under severe and unhealthy conditions, without notice or hearing. Id. at 80-81. These procedures clearly violate the standards of due process required by the United States Constitution. See Sandin v. Connor, 515 U.S. 472 (1995); Hewitt v. Helms, 482 U.S. 755 (1987). II. Sections 703 and 703 ½ of Article 27 of the Annotated Code of Maryland Grant the Circuit Court for Baltimore City the Authority to Conduct An Annual Grand Jury Investigation of Correctional Facilities in Baltimore City The Maryland General Assembly has created a mechanism to monitor the conditions and treatment of prisoners at correctional facilities in this City. Section 703 of Article 27 of the Annotated Code of Maryland provides that at least once a year, the circuit court of a county shall commission a grand jury to inquire into the conduct and management of each State correctional institution or facility within its jurisdiction. Md. Ann. Code art. 27, § 703. Under this Section, the grand jury may "make presentations of all offenses and omissions of any person in or relating to said State correctional institutions or facilities." Id. Additionally, § 703 ½ provides that, at least once a year, a grand jury shall visit the jail and "inquire into its condition, the manner in which it is kept and the treatment of the prisoners, and report their findings to the court." Finally, the State's Attorneys Office for Baltimore City may petition the Court to extend the term of the current grand jury, see Md. Code Ann., Cts. & Jud. Proc. § 8-107(c), or petition the Court to summons an additional grand jury to investigate the conditions of the jail. § 8-108. Given the findings in the Human Rights Watch Report and the Jail's history of deplorable conditions, overcrowding and violence, a grand jury investigation of the jail is both timely and imperative. Annual investigations of State correctional institutions and facilities are presumably essential endeavors to State legislators as §§ 703 & 703 ½ are the only statutory authority for Maryland grand juries to report on non-criminal matters. III. African American Youth Suffer the Most from these Conditions Finally, we are very troubled about the disproportionate burden these conditions impose on African American youth. Human Rights Watch found that more than one-half of the children being held for adult court are from Baltimore and are housed in the Jail. No Minor Matter at 2. The overwhelming majority of these children come from minority, predominately African American communities. Id. at 2 & 20. We are concerned that these conditions are permitted to prevail because they principally affect poor children of color. The race and class of children should not be permitted to diminish the need to treat them in a decent and humane manner. It is our hope that you will utilize the authority given to you by Maryland law to address these egregious conditions. We thank you in advance for your consideration. Sincerely yours, Jonathan M. SmithExecutive Director |