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US Department of Justice launches investigation into Colorado prisons, youth detention centers

Sam Tabachnik, The Denver Post on

Published in News & Features

DENVER — The U.S. Department of Justice has launched an investigation into the conditions inside Colorado’s prisons and juvenile detention facilities, the federal agency announced Monday.

The probe will examine “policies and practices” within the Colorado Department of Corrections and Division of Youth Services “to ensure that DOC inmates and youths in the custody of DYS are being afforded their rights under the U.S. Constitution and federal law,” the Justice Department said in a news release.

“The Constitution protects every American, whether they are a young person confined in a juvenile facility or an elderly person confined to a prison,” Assistant Attorney General Harmeet K. Dhillon said in a statement. “We are committed to upholding our federal civil rights laws so that no one is subject to unconstitutional mistreatment when held in state custody.”

The Justice Department, in a letter Monday to Gov. Jared Polis, said the investigation will determine whether Colorado engaged in a “pattern or practice of violating the constitutional rights of prisoners held at DOC facilities by failing to provide adequate medical care and safe and sanitary physical conditions of confinement, and whether Colorado violates the rights of detainees by failing to protect youth in DYS facilities from use of excessive force and failing to provide adequate nutrition to detainees.

“The Department will also consider whether Colorado violates prisoners’ and detainees’ right to free exercise of religion by housing biological males in units designated for females,” the letter continued.

A Polis spokesperson could not be reached immediately for comment.

The government’s investigation comes on the heels of The Denver Post’s reporting about the conditions inside the state’s juvenile detention facilities.

Last month, 10 parents told The Post that their kids were losing concerning amounts of weight at the Youthful Offender System facility in Pueblo due to a lack of food. One individual, a 22-year-old, was hospitalized after going into renal failure due to malnourishment, his family said.

 

The allegations prompted state correctional staff to change inmate privileges concerning the purchase of food.

In March, The Post found internal, nonpublic critical incident reports showed rampant allegations of excessive force by staff members at the state’s youth detention and commitment facilities, serious injuries sustained by teens while being physically restrained, a litany of illicit drugs entering secure facilities and several allegations of staff members engaging in sexual relationships with youth in their care.

The Division of Youth Services in August removed all youth serving sentences at the Lookout Mountain Youth Services Center in Golden over what staff and advocates called deteriorating safety conditions.

The Justice Department’s announcement also comes on the heels of Colorado officials denying President Donald Trump’s request to move former Mesa County clerk Tina Peters from a state facility to a federal prison. A federal court on Monday denied Peters’ latest request to leave prison. She’s currently serving a nine-year sentence on election-related charges.

Trump has repeatedly called for Peters’ release, and a senior Justice Department official has said he’s working to free her. After Colorado officials rejected the Federal Bureau of Prisons’ transfer request last month, the president called Polis a “sleazebag” and said Peters had been “unfairly convicted.”

Peters’ attorneys, in court filings, say her health has declined during her time in the Colorado prison.

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