March 16th, 2018 ATTN: Bryan Collier, Executive Director TDCJ 209 W. 14th Street 5th Floor, Daniel Price Building Austin, Texas, 78701 Mr. Collier, It has come to my attention that repeated allegations of neglect, abuse, and misconduct in the Youthful Offenders Program at the Clemens Unit went ignored and now, in an effort to remedy the problem, the Texas Department of Criminal Justice has decided to move the program to a new unit. I am concerned that in an effort to appease complaints, TDCJ has chosen to move the program rather than address the systemic problems that appear embedded within the program itself. That is why I am calling for an investigation into the Youthful Offender Program and its “culture of cover-up” alleged by whistleblower and former supervisor, Dominique Mitchell. Ms. Mitchell has made a number of allegations about the program and TDCJ’s responses to her complaints:1 1. 2. 3. 4. 5. Sexual assault of a minor inmate by an adult inmate working as janitor Taunting of mentally ill minor inmates by guards Excessive solitary confinement of minors Unsupervised inmates leading to altercations Retaliation by TDCJ for Mitchell’s reporting The concerns in this reporting are not unfounded as TDCJ did eventually fire a supervisor and chose to move the program from the Clemens Unit to the Ellis Unit. However, there needs to be an investigation into the systemic flaws of the Youthful Offender Program to ensure that all minors in TDCJ custody are protected, justice is being served appropriately, and tax dollars are being used efficiently. See, McGaughy, Lauren “’Culture of cover-up:’ Warden forced to retire from prison where whistleblower says teen abused” Dallas Morning News 7 Mar 2018, available at: https://www.dallasnews.com/news/crime/2018/03/07/officials-quietly-resigned-retired-texas-prisonwhistleblower-says-teen-inmates-abused 1 1 I am concerned that moving the program to the Ellis Unit is a way to quell public concern without addressing the fundamental flaws that have been alleged, most important of those being the protection of minors in TDCJ custody. While offenders in Texas are considered adults at the age of 17, federal law explicitly calls for inmates under the age of 18 to be housed apart from their adult counterparts, and as reported incidents in the Clemens Unit have shown, TDCJ has not always done this successfully. Simply put, sexual assault should never be a part of the punishment. Respectfully, State Representative Briscoe Cain 2