TSEU
proposals for consideration in restructuring the Texas Youth Commission
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I. The
rehabilitative component of TYC’s mission should get more attention
Up to 1995 the Texas Youth Commission was considered to be a rehabilitative
agency, and was funded in Article II of the appropriations act. The
environment from the late 1970's to the mid 1980's was heavily influenced
by the results of the Morales federal lawsuit, which found that many
youth committed to TYC were subjected to treatment that violated their
constitutional rights. From the late 70's to the mid 80's, TYC and its
staff were dedicated to a mission that was defined as rehabilitation
___ The gradual change to consideration
of TYC as a corrections agency brought many philosophical and policy
changes to the agency. It has reached the point that general public
and legislative discussion revolves around concepts like “youth
prisons,” “inmates,” “guards,” and the
like.
___ A return to an understanding that the
mission of TYC is rehabilitation is vital. This has to be reflected
in policies, design of physical plant, expectations of staff, and in
many other areas. This change will not happen quickly, with a simple
set of legislative prescriptions, but would be a program to be enacted
over several years. Such a change would have to be accompanied with
the understanding that it would cost more to operate such an agency.
II. The problems in TYC
are part of a broader crisis of reduced resources in communities.
___ Many of the questionable commitments
to TYC result from desperation of local authorities who have no other
resources. While funding for mental health and similar services has
been continuously reduced, the number of youth committed to TYC who
have severe mental health/ behavioral issues has increased. This reflects
the realities for local authorities, who feel as though they have no
other options for many youth. The State of Texas must address these
issues if the TYC crisis is to be addressed constructively.
III. Adequate staff is
the central problem in TYC facilities
___ TYC is, and has been, dangerously understaffed
for years. The agency is allocated too few staff positions to assure
adequate staffing on a day-to-day basis, and staff turnover makes it
worse. Work in the agency is so difficult, dangerous, and poorly compensated
that the turnover – over 50% annually – constantly drains
the pool. We need to be able to attract and keep qualified staff. Not
everyone is cut out for work in TYC: it takes high levels of emotional
and intellectual maturity, patience, and courage.
___ Adequate staff – in both numbers
and skills – can defuse dangerous situations and deal with problems
in constructive ways, and when there are too few staff, potentially
violent situations turn into actually violent ones. One staff person
alone in a group of 20 or more youth cannot control situations, and
very often becomes the targer of violence. TYC staff have an on-the-job
injury rate of about 22% annually, over four times the average for state
agencies.
___ Better pay, access to the special retirement
supplement now available to employees in the adult prison system, and
affordable health care would allow the agency to be more selective in
hiring, and to keep trained staff. On-the-job safety issues and basic
working conditions are also part of the equation, and they won’t
get better until we have more staff on the job.
IV. Key issues that should
be addressed in SB 103
A. Include provisions
that provide a fair and transparent system to address allegations of
impropriety, malfeasance, substandard work performance, or related issues.
1.) Incorporate
specific provisions into Section 14 (Office of the Inspector General)
that allow employees to report any allegations of impropriety or violations
of policy directly to the OIG.
2.) Incorporate
the provisions of 79R HB 1843, which set policies and procedures to
resolve employee complaints and grievances, into a section of SB 103.
B.
Include provisions that will promote recruitment and retention of good
employees
1.) Incorporate
the provisions of 80R HB 3330, which make the LECOSRF supplemental retirement
plan, accessible to TYC employees.
2.) Incorporate
provisions that mandate the agency to create a career ladder plan for
case managers that gives these employees incentives to remain with the
agency in front-line, youth-contact positions.