Senate committee hears bill to manage overcrowding at juvenile rehabilitation facilities; residents urge caution

Engrossed Second Substitute Senate Bill 52-78, which the Senate Human Services Committee heard on June 25, would set a rated bed capacity for state juvenile rehabilitation institutions, require the Department of Children, Youth, and Families to plan when occupancy reaches 90% of that capacity, and authorize population-reduction steps if an institution exceeds 105% of rated capacity.

The bill also creates narrow pathways to transfer certain young people from juvenile rehabilitation institutions to Department of Corrections facilities, allows transfers to work-release for some adult-convicted people whose offenses occurred before age 18, and requires DCYF to adopt rules for an internal behavioral-management infraction system.

The measure’s sponsor, Sen. John Braun, said the bill is intended to give the agency tools to manage severe overcrowding at Green Hill School, which he said has been operating well above its rated capacity. "Right now, we're running somewhere between 240 and 250 residents any given day, with a capacity of 180," Braun told the committee. He said overcrowding has created unsafe conditions and reduced the agency’s ability to deliver rehabilitation services.

Several residents of Green Hill School testified remotely against provisions that would send young people to adult prison under some circumstances. Kyle Lanay, identifying himself as a resident at Green Hill School, said he had been there seven years and described deep morale problems after prior transfers to the Department of Corrections: "…no matter what we do, it just seems like we can't be good enough…this is a systematic failure," Lanay said. Brian Rodriguez Hernandez, another Green Hill resident, said the risk of transfer left many residents without hope and said he opposed the bill.

Committee counsel Luke Whitcomb explained the bill’s principal mechanics: define rated bed capacity; require DCYF to begin mitigation planning at 90% capacity; require population-reduction actions if population exceeds 105% of rated capacity, including transfers to community facilities or community transition services; and limit certain placements of people convicted in adult court when facilities are at or over the 105% threshold.

The bill allows DCYF to transfer some people convicted in adult court of offenses that occurred while they were under 18 to Department of Corrections work-release facilities and to transfer individuals age 21 (or age 18 who have served at least three years) who have “consistently refused” programming. It also creates a process for early release of certain adult-sentenced individuals under defined conditions and requires DCYF to adopt internal behavioral management rules and a system to respond to continuing serious safety threats within institutions.

Public-commenting residents stressed program access and treatment rather than transfer. Christian DeVay (Otse Wella Ford), who said he was neither pro nor con but worried about losing rehabilitative opportunities, said: "We are against any policy or law that will prohibit young people from bettering themselves." Ronald Acreson Jr. credited recent improvements in education and said stronger community-based programming is necessary before considering transfers.

Agency representatives and advocates who testified later in the hearing said the bill is part of a package of measures to address capacity, including other bills and facility investments. DCYF representatives signaled they support technical adjustments to ensure the bill is implementable and aligned with legislative intent.

The committee did not take a vote. Sponsors and some stakeholders said they expect to continue negotiating language on transfer criteria, age thresholds and procedural protections before any final action.

Ending: The committee paused the public hearing on SB 52-78 to hear additional juvenile justice bills and testimony. Lawmakers indicated follow-up technical discussions with DCYF and other stakeholders would continue before the bill is advanced.