Boot camps to ban manhandling of kids
By MARC CAPUTO AND CAROL MARBIN MILLER, mcaputo@MiamiHerald.com
Miami Herald, February 24, 2006

TALLAHASSEE - In the aftermath of Martin Lee Anderson's death after he was beaten by guards at a juvenile boot camp, state officials want sheriffs to do away with the violent ways of handling kids: No more punches. No more pepper spray. No stun guns.

The Department of Juvenile Justice has told the sheriffs who run the state's five boot camps that the measures will help ensure there will never again be an incident that resembles the videotaped beating of the 14-year-old at the Bay Boot Camp by a scrum of kneeing and punching military-style drill instructors.

Among the measures DJJ wants:

  • Ban the punching, kneeing, wrist-twisting and pressure-point-pushing on nonviolent kids, and prohibit the use of ''electronic devices'' like stun guns and the use of ''chemical agents,'' such as mace-like pepper spray.

  • A nurse must be present when youths exercise, and must have complete authority to halt it and call 911.

  • Give each youth an EKG heart-stress test, a complete physical and drug test.

  • Ensure cameras and defibrillators are readily available.

Some of the sheriffs, such as Polk County's Grady Judd, say the measures, spelled out in individual conversations with DJJ, are good. But Judd said his guards don't use the violent techniques, and added that some of the measures the state wants, such as new equipment, will require extra money from the Legislature. Boot-camp experts and lawmakers who have scrutinized DJJ-related deaths liked what little they heard, but still had criticisms. >

''These sound like good things. The question is: Where have they been all this time? A lot of those things, I'm shocked they're talking about this late in the game,'' said state Rep. Dan Gelber, a Miami Beach Democrat who is a former federal prosecutor who helped convict police officers in brutality cases. DJJ officials told The Miami Herald they would not discuss the policy changes, which still must pass muster with legislative leaders.

SURPRISED

Gelber and the rest of his colleagues on the House justice appropriations committee were surprised Thursday when DJJ's number two man, Chris Caballero, refused to say whether boot-camp guards were legally allowed to inflict pain on nonthreatening children who won't comply with simple commands, such as running laps.

Caballero said he wasn't sure what use-of-force policies applied to which boot camps and when. The camps, which sheriffs run under contract with DJJ, are allowed to use more-violent means to control kids than other lockups.

While refusing to tell lawmakers about the policy overhaul, Caballero ducked specifics, saying an answer to the pain-infliction question could affect the investigation into Martin's death on Jan. 6. Caballero said use-of-force standards generally forbid the nonmedical use of ammonia agents on kids as well as knees to the back -- both of which Martin apparently sustained. He added that pain infliction can be used in some cases, but wouldn't say whether it can be used on kids who are nonviolent. Miami Beach Democrat, on proposals to ban boot-camp guards from punching and using other violent techniques

answer that's applicable here,'' he said. ``It depends on the situation. If it's appropriate to use hammer strikes [punches] or knee strikes, then it is used. If it's not appropriate then someone is acting outside of the scope of their employment and therefore it's outside the scope of the employment and is breaching the curriculum and their training.''

Caballero would not say what's ''appropriate,'' saying such a definition was ''in the standards'' -- referring to the state's voluminous Criminal Justice Standards and Training Commission, a Florida Department of Law Enforcement group that develops guidelines for law-enforcement officers. But the training-commission standards may not apply to most of the guards at Florida's juvenile boot camps.

AMMONIA

Bay County Sheriff Frank McKeithen has decided to close the Panama City boot camp within 90 days. Before announcing he would close the camp, McKeithen also said he banned the use of ammonia agents, which are supposed to be used to revive kids. In the tape showing Martin's manhandling, guards appear to shove the ammonia repeatedly in his face. Shauna Manning, mother of a 14-year-old boy who said he witnessed the incident at the boot camp, said her son told her the guards used the tablets all the time to instill discipline -- and fear. ''They're real sick. They get pleasure out of torturing children,'' she said. Caballero suggested to the legislative committee that the use of ammonia agents in that fashion wasn't permitted for guards.

''Ammonia is not considered a part of their training and their curriculum. Therefore, it can only be used for medical purposes,'' Caballero said. ``It's not part of their everyday behavior modification program as it relates to this particular training program with which this staff is certified.''


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