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TYC conservator wants pepper spray out of youth prisons

04:19 PM CST on Friday, February 22, 2008

By EMILY RAMSHAW / The Dallas Morning News
eramshaw@dallasnews.com

AUSTIN – New Texas Youth Commission Conservator Richard Nedelkoff is calling for the immediate phase-out of pepper spray in juvenile prisons, except during riot control and other emergency situations.

The decision, part of an agency plan he distributed to lawmakers on Friday, reverses an order from former Acting Executive Director Dimitria Pope authorizing staff to use chemical spray ahead of physical restraints to curb behavioral problems.

Mr. Nedelkoff "wants to use other measures, and much better training, to dramatically scale it back," said agency spokesman Jim Hurley, following a nearly four-hour hearing where lawmakers quizzed the conservator on everything from the qualification of TYC staff to whether certain youth lock-ups should be closed.

Pepper spray "is still in the arsenal. But the policy that was in place, he's pulling it back."

Not all members of the Joint Committee on the Texas Youth Commission agreed that employees' use of the chemical spray should be so restricted.

"Quite often, that's one of the more peaceful remedies," said Sen. John Whitmire, D-Houston, a joint chair of the committee and a critic of some of Mr. Nedelkoff's early changes at the TYC. "I just think it's awful nuts to say if [youth] get in an altercation, we're not going to let staff have this tool. If you don't want to get sprayed, do what they tell you."

Mr. Nedelkoff made the announcement in his "Vision and Framework" plan, released to lawmakers before a hearing heavy on policy and virtually devoid of fireworks. Other elements of that plan include national best practices, like ensuring youth inmates live in the "least restrictive setting" closest to their homes, and getting their families involved in their rehabilitation.

The new conservator, whose last public meeting with lawmakers was feisty, said Friday he hasn't yet decided on a replacement for Ms. Pope, who resigned under pressure earlier this month. He indicated that the salary he can offer is a complicating factor.

"It's a tough job, the toughest in the country," said Mr. Nedelkoff, who said he is authorized to offer a salary of between $125,000 and $160,000. "One of the critical issues is the salary I can pay."

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