The American Samoa Government is moving to separate the Territorial Correctional Facility and Juvenile Detention Center under the umbrella of the Department of Public Safety.
In doing so Governor Lemanu Peleti Mauga in an executive order created the American Samoa Corrections Agency, while awaiting the establishment of the Department of Corrections through legislation.
Samoa News Reports that currently, the TCF, which houses adult prisoners and the Juvenile Detention Center, is overseen by the Department of Public Safety, but the governor’s order establishes a Corrections Agency as an independent entity of the Executive Branch, responsible for the safety and security of persons who are lawfully detained or committed to its care.
The agency, will be overseen by the a Warden, who is appointed by the governor — and serves at the pleasure of the Governor — and is not subject to Fono confirmation. The order outlines duties and powers of the Warden, who will assume responsibility for all adult inmates and juvenile detainees. The new Warden will assume all responsibilities assigned to the current Warden of DPS’ Corrections Bureau.
Furthermore, the Warden shall oversee the operations of TCF, the Juvenile Detention Center, and any other location where inmates are confined. For those inmates who are assigned to the LBJ Medical Center’s Behavior Health Unit, the Warden shall have joint responsibility for security with the hospital, according to provisions of the governor’s order.
Other duties and powers of the Warden:
• maintain safe and secure facilities for the confinement of those committed to the Corrections Agency;
• ensure that persons committed to the Corrections Agency receive adequate food, shelter and medical care;
• establish and enforce written standards to ensure compliance with the federal Prison Rate Elimination Act;
• cooperate with rehabilitative efforts of the American Samoa Government including ASG’s Comprehensive Substance Abuse Council established by executive order this year;
• admit all prisoners who are lawfully arrested by any officer who has the power of arrest unless that prisoner requires emergency medical treatment;
• transport inmates to hearings at any time and place required by any court of American Samoa; and
• hold any person who is sentenced to confinement for the duration of their lawful confinement.
The governor’s order also provides provisions for “power of arrest”, saying that at the request of the Warden, the Police Commissioner shall commission officers of the Corrections Agency as deputy law enforcement officers, pursuant to local law.
It explains that the deputation may be limited to enforcement of laws related to escape, obstructing government operations, and crimes occurring on property overseen by the Corrections Agency.
Furthermore, no person shall be commissioned under this provision of the executive order, unless they are a graduate of a police academy that was approved by the Commissioner of Public Safety.
Regarding funding, the order explained that a separate budget and account shall be established for the Corrections Agency. And all funds, personnel and property assigned to the DPS Corrections Bureau will transfer to the new Corrections Agency.
The governor directed that all public safety agencies are to cooperate in carrying out the intent of this order, which takes effect July 1 this year, while preparations for the establishment of the Corrections Agency shall begin immediately.
Furthermore, the order will remain in effect until the newly proposed Department of Corrections is established by legislation.
According to the governor’s order, corrections and rehabilitation are specialized functions that are distinct from those typically associated with law enforcement and “it is imperative for our correctional institution to maintain a safe and secure environment.”
And it’s the desire of ASG “to focus on improving the security of our community by establishing a separate corrections agency.”
The new agency comes amid concerns over the years with problems within TCF, including inmates who escape from confinement, alleged mistreatment of prisoners, overcrowding and inmates who test positive for illegal drugs.
And there have been suggestions from lawmakers in the past years for
the establishment of a separate government entity to oversee TCF, with its’ own set budget.
SOURCE: Samoa News
