After five years under federal oversight due to prisoner abuses, the Hawaii Youth Correctional Facility has become a safe place with an improved corporate culture, state officials maintain.

But the American Civil Liberties Union says some problems persist, including the placement of "status offenders" — kids who run away, miss school or stay out too late — in with hard-core criminals.

"The bottom line is that kids are safe and well cared for," says David Hipp, executive director of the state Office of Youth Services, which runs the Kailua lockup under the Department of Social Services.

At an information briefing Wednesday before the Senate and House Human Services committees, Hipp said guards are now "working with the youth rather than against the youth, which was the case prior to 2005."

In 2004 the Justice Department began an investigation into the conditions, policies and practices at the youth facility after the ACLU of Hawaii called attention to an abusive atmosphere. The ACLU filed suit against the Lingle administration in 2005 on behalf of the inmates, citing overcrowded and abusive conditions — including sexual and physical assault.

In its finding that excessive force was evident, Justice officials wrote in 2005 that "the absence of rules or regulations has permitted a culture to develop where abuse of youth often goes unreported and uninvestigated."

The Justice Department’s findings showed that the youth prison staff lacked proper training in how to deal with suicide attempts and how to use physical force — often employing methods not condoned even in adult prisons. For instance, one correctional officer routinely used his heavy weight to lie on, smother and restrict the movement of the youths until they stopped struggling.

In 2006 the state agreed to 64 remedial measures.

In a letter last May to the state attorney general, the U.S. Justice Department said it had closed its investigation, thus lifting federal oversight.

The Justice Department emphasized the importance of the prison’s new quality assurance system and "the importance of regular and periodic quality assurance reviews." The department recommended the state conduct audits at least every four months.

The letter praised the state’s progress in working with the family courts to reduce the prison’s average daily population to 41 from 59 in the second half of 2010.

Just as important are the state’s efforts to expand community-based treatment and monitoring as alternatives to incarceration, the department said.

Although the ACLU of Hawaii concedes "the state has been given the framework to ensure that HYCF functions at a minimally constitutionally sufficient level," it is not completely satisfied.

"The ACLU of Hawaii has lingering concerns, however, about the placement of nonviolent status offenders (including those imprisoned for truancy or violating curfew) with those wards who have committed more serious crimes," said ACLU of Hawaii Legal Director Lois Perrin.

The ACLU is still concerned that 80 percent of the female wards have committed minor offenses.

Another concern is a lack of programs that would make it easier for wards to re-enter the community with the necessary tools for a successful life, Perrin said.

While improvements have been made in HYCF, Hipp said its limited funding could be better used to put staff in communities, including more parole officers, monitors and social workers to work directly with youth in their community and families.

Many of its prison population are not violent and should not be incarcerated — rather, they have dysfunctional families and nowhere else to go, Hipp said.

He said physical changes made to the cells deter inmates from attempting suicide, and the guards have received training to address suicide attempts.

HYCF has a 56-bed facility and a separate cottage that houses 16. Currently, 82 youths are committed at the prison, 17 of whom are on parole, leaving 65 at the main prison and cottage.