Case 3:94-cv-02080-FAB Document 2083 Filed 07/15/24 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

UNITED STATES OF AMERICA,

Plaintiff,

v. Civil No. 94-2080 (FAB)

COMMONWEALTH OF PUERTO RICO, et

al.,

Defendants.

ORDER REGARDING SAFETY ISSUES IN THE VILLALBA FACILITY

This Court scheduled a Status Conference for 9:00 a.m. on

August 22, 2024 to address remaining compliance matters regarding

youth facilities operated by the Department of Corrections and

Rehabilitation. The conference agenda includes a discussion by

the Monitor and parties relative to conditions specifically in the

Villalba facility.

On July 10, 2024, the Monitor filed an Interim Compliance

Report due to serious concerns regarding the safety and security

of youth and staff in the Villalba facility. Those concerns

escalated after a violent assault of a youth in that facility

during which the youth was slashed, requiring hospitalization for

more than a week due to the serious nature of his injuries. The

Monitor has documented a myriad of other less serious yet equally

disturbing assaults against youth and staff in the Villalba

facility, as well a lack of control over dangerous contraband, and

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Civil No. 94-2080 (FAB) 2

the failure of the facility to effectively manage the Villalba

facility population without violence, threats, and intimidation,

which has resulted in many youth being placed in isolation or even

requesting to be isolated.

The Monitor also catalogued a lengthy history of the

Commonwealth’s failure to acquire necessary security equipment and

other resources to aid in reducing contraband and increasing

transparency through video surveillance. The Court’s most recent

Order from the March 12, 2024 hearing set a firm deadline of June

30, 2024 to “complete the installation of video cameras, ensure

that the equipment is fully operational, replace or repair existing

damaged or inoperable video cameras, and have the appropriate video

surveillance officers in place”. (Docket No. 2042.) Yet the

Commonwealth’s Motion in Compliance with Order filed on June 29,

2024 makes clear that the work is still not completed even after

multiple representations made to this Court about projected

completion dates. (Docket No. 2077.) The Commonwealth has also

made multiple representations to this Court since at least October

2023 relative to the acquisition, installation and use of the

Intercept Tek84 machine to conduct full body scans, but this

equipment has yet to be put into use.

After thirty (30) years of this case being open, there can no

longer be excuses made for why the Commonwealth cannot make the
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Civil No. 94-2080 (FAB) 3

necessary improvements which can bring about substantial

compliance in the remaining areas of the Consent Decree,

particularly those requiring the Commonwealth to provide adequate

supervision of the youth in its care, and make meaningful efforts

to keep them reasonably safe. The prevalence of knives and other

weapons, and the level of assaults, threats, and intimidation

against youth and staff by other youth, as described by the Monitor

in her Motion, cannot and will not continue without sanctions for

those responsible.

ACCORDINGLY, it is ORDERED:

The Commonwealth shall prepare a detailed plan for how it

will remediate the safety and security concerns raised in this

Motion, and submit its plan to the Monitor and the USDOJ no later

than August 9, 2024. The Monitor and the USDOJ shall provide

recommendations and comments on the Commonwealth’s draft plan by

August 16, 2024. The Court shall consider the Commonwealth’s plan

at the August 22, 2024 Status Hearing and will enter Orders as

appropriate. The plan shall consider, but not be limited to, the

following issues:

• A strategy for how the Villalba facility will

address the youth “leadership” structure within modules,

and across modules, to ensure that all youth have equal

status in the modules, and that there be zero tolerance

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Civil No. 94-2080 (FAB) 4

for violence, threats, and intimidation by youth who

want to exert perceived power over other youth. This

strategy should include officer-controlled plans for

cleaning and other activities, with no option for youth

to control those processes, or what youth or officers

can be in any module.

• Strategies for implementation of the March, 2024

interdiction plan, including necessary resources,

interagency cooperation, and aggressive implementation

of a zero-tolerance policy among officers or other staff

who bring contraband into the facilities.

• Strategies to establish a zero-tolerance policy

against weapons among youth, including a range of

meaningful consequences for possession of weapons, their

use, or threats of use, and protection for those who

come forward to report. Meaningful sanctions should be

considered, as well as more robust opportunities for

engaging programs and opportunities.

• Consideration of a module created for those youth

who pose a serious risk of harm to others as has been

demonstrated by institutional history, with robust

services, but enhanced security, enforcement and

staffing.
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Civil No. 94-2080 (FAB) 5

• Establishment of modules based on good behavior,

program participation, and other factors for those youth

who want to participate in the programs but are

threatened or intimidated not to participate in the

programs by others.

• Consideration of a unit management model, with

input from the union, so that there is consistency in

matching officers with specific modules in order to

establish stability.

• A thorough analysis of the daily roster practices

in the Villalba facility to identify weaknesses in the

assignment process, and how better to utilize the

officers that are assigned to that facility.

• Given the longstanding nature of these issues in

the Villalba facility, whether or not the existing

leadership and supervisory structure can make the

necessary culture changes in the Villalba facility, and

if not, what staffing resources are needed to do so.

The plan will address all areas of concern noted by the

Monitor, identify those involved in developing each section of the

plan, specify the strategies which will be used, who will be

responsible, a timeframe for implementation which meets the urgent

nature of the situation, and the specific outcome measures used to

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Civil No. 94-2080 (FAB) 6

determine improvements in safety and security. The Commonwealth

shall report progress on its strategies and outcome measures on a

monthly basis to the Monitor and the USDOJ.

If adequate outcomes are not achieved by this plan, the

Commonwealth will be subject to possible contempt proceedings for

continuing to allow youth to be placed at risk under these

circumstances.

Further, the Court DENIES the motion of the Commonwealth for

a continuance in the installation and operation of the video

equipment in the Villalba facility and finds that ample time has

been allotted after more than two years for this project to have

been completed. Video cameras are an essential tool in protecting

youth and staff from harm, and in aiding investigations involving

possible abuse or neglect. No later than August 9, 2024, The

Commonwealth shall show cause as to why it should not be held in

contempt by this Court for failing again to meet its obligations

and comply with the Order of this Court dated March 12, 2024.

(Docket No. 2042.)

Finally, the failure of the Commonwealth to have in place at

least one of the Intercept Tek84 detection machines, after multiple

representations made to this Court, is inexcusable. The

Commonwealth shall have the Intercept Tek84 detection equipment

installed and operational in the Villalba facility no later

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Civil No. 94-2080 (FAB) 7

July 20, 2024. The Commonwealth shall verify this compliance by

motion, including that the appropriate administrative orders are

in place by the Secretary for its use and operation. The failure

to do so may result in a contempt finding by this Court or other

sanctions for continued non-compliance with this Order.

IT IS SO ORDERED.

San Juan, Puerto Rico, July 15, 2024.

s/ Francisco A. Besosa
FRANCISCO A. BESOSA
SENIOR UNITED STATES DISTRICT JUDGE