Pago Pago, AMERICAN SAMOA — Government must take immediate action to improve the premises where inmates at the Territorial Correctional Facility (TCF) are confined, before something happens that will put their lives at risk, which could cost government millions in lawsuits.

This was unanimously agreed upon by senators during the Public Safety/Homeland Security Committee hearing yesterday.

The hearing was called despite the Fono currently convening in a Special Session, after committee members visited the prison last Thursday and witnessed firsthand and in their own words, “the deplorable conditions in which the inmates are held.”

Testifying were Department of Corrections Director Semo Tauanu’u, Deputy Director Filomena Leituala and Attorney General Fainu’ulelei Falefatu Alailima-Utu.

Committee Chairman Olo Uluao Letuli explained that the deteriorating condition of the prison buildings where the inmates were confined, and the overall running of the institution which his committee confirmed during their visit last week, has been a cause of great concern.

However, Olo reassured the government officials that they had been summoned so that senators can hear their views and together work out a solution to quickly resolve the problems before they escalate into a situation where inmates or TCF staff are adversely affected.

Committee member Senator Malaepule Saite Moliga, a former TCF Warden did not mince words in his description of the TCF premises.

“The buildings where the inmates are confined are not fit for human habitation,” Malaepule said bluntly. “That’s how bad the condition of those buildings has deteriorated.

“But it wasn’t like that before — I know because I was the warden for seven years when Senate President Tuaolo was Police Commissioner.

“Last week when we visited those buildings, we could hardly breathe because of the unpleasant smell and you could tell at first glance, how unsanitary the condition of the buildings was.

“They have been neglected by government for far too long and something must be done now to solve this problem!”

The former TCF warden was also direct in his criticism of how the prison is run.

“This is the only prison in the world where I have observed inmates whose misdemeanor cases are pending, mingling and confined together with convicted murderers and convicted drug dealers,” Malaepule declared.

“This never happened during my time as warden.

“The inmates were confined according to the seriousness of the crimes for which they were convicted.

“The inmates are also now cooking their meals inside their cells!”

Senator Malaepule also commented on the many instances where inmates have escaped and told the TCF director that there was no security inside the premises, pointing out that the only thing keeping the inmates inside was the high cement wall surrounding the prison compound.

He stated that if there were not enough buildings to house the inmates, the TCF officers cannot secure the place.

The outspoken Manu’a senator suggested two options — either convert the building where church services are held every Sunday into another building to house the inmates, or move them, especially the convicted inmates, to hotels.

He reminded AG Fainu'ulelei that the government is responsible for these inmates, and it is the government’s obligation to provide a place that complies with federal standards for their incarceration. He also suggested that the AG visit the prison to see for himself what he is talking about.

Malaepule emphasized the need for immediate action to resolve this problem or a serious incident might occur, which may end up with government paying huge amounts of money in lawsuits.

He proposed that the Senate prepare a resolution to be submitted to governor before the current Special Session ends, urging him to prioritize the resolving of this problem at the prison.

In his comments at the beginning of the hearing, Corrections Director Semo Tauanu’u revealed that when he first started in August 2022, he did not have any input with their budget, and it wasn’t until December 8th of that year that Governor Lemanu P.S. Mauga signed into law, the bill establishing the new Department of Correction.

Tauanu’u recalled that the immediate problems he had to deal with were staff shortage and unpaid overtime of staff members who had to work extended hours to cover for staff shortage.

Fortunately, funds were secured from government supplemental funds and federal grants to solve these problems. Subsequently, he was able to establish an academy where new qualified correctional officers were hired, and staff overtime was finally paid out.

The TCF director said that the funds were also used to fund the wall surrounding the prison compound and other improvements are in the pipeline to ensure compliance with federal standards.

However, with regard to the problem of inmates escaping, Tauanu’u admitted that it was due to the negligence of staff on duty at the prison. He said that those staff members have been terminated.

He also mentioned that he received complaints from inmates saying there wasn’t enough food, but after looking into the matter, he concluded that the complaints were unfounded and that there was sufficient food for the whole inmate population.

Senator Muagututi’a Tauoa voiced his concerns not only on inmates escaping out of the prison compound, but also their associates outside managing to smuggle drugs and guns inside.

He advised the TCF director not to be afraid to talk to the governor or the AG for assistance in securing funds to improve the prison.

Senator Satele Aliitai Lili’o emphasized the seriousness of the circumstances at the prison and asked AG Fainu’ulelei what government plans to do to solve the problems at the prison.

Fainu'ulelei agreed with the seriousness of the matter but pointed out that it was a recurring problem faced with past administrations.

He said Tauanu'u was appointed to the top post of this new department because the governor had confidence in him and he is the one who should keep the governor informed on things that need to be done, whether it be to build a new prison or whatever action that must be done to improve the prison.

The AG also revealed that the inmate population has decreased significantly due to their close collaboration with the Public Defender's Office, where he proposed plea agreements with time served as punishment for inmates incarcerated for misdemeanor or minor offenses. He said this collaboration has been commended by the Chief Justice.

Fainu'ulelei said he received the latest report from the TCF director the night before, which reported a significant drop in the inmate population.

He also explained that the huge backlog of pending cases had stemmed from COVID-19 restrictions which began in March 2020 until they were lifted in the middle of 2022.

Responding to Senator Malaepule's suggestion that he visit the TCF to confirm the deteriorating condition of the prison buildings, Fainu'ulelei stated that it would be difficult if he went in his capacity of attorney general, because it was his office that prosecuted the inmates and recommended that they be put in jail.

Therefore, he would need police and/ or correctional officers protection at all times during his visit.

"But it is like a tradition for our church choir and youth group to visit the inmates during Christmas where we sing Christmas carols," said the AG who is also a Methodist Lay Preacher. "I have also preached there, two or three times when they used to hold Sunday services."

Fainu'ulelei however agreed with the senators' concerns saying that he has read the Department of Health's report on the condition of the prison, and something should be done. He also agreed with Senator Malaepule's motion to submit a resolution urging immediate action by the governor to solve the problem.

He said that government has been trying to secure land to build a new correctional facility but so far has not been successful.

Senator Satele pointed out that a new prison is a long-term project which "won't happen tomorrow, next month or next year."

"What we want is immediate action to protect the lives of the inmates and TCF staff because mayhem can happen in the blink of an eye," Satele argued. "So, we must now!"

Senate President Tuaolo Manaia Fruean asked TCF Director Tauanu'u where his office was located, and he replied that his office with the Deputy Director Filomena Leituala was at the DYWA building in Tafuna.

However, since former warden Marion Fitisemanu retired, he has now relocated to the warden's office inside the TCF compound.

Tuaolo said that this was a good move on his part because he has to be on site every day to monitor daily operations inside the prison.

Tuaolo asked if he had informed the governor about the prison being overcrowded.

Tauanu'u said he had not talked to him about it, but that the governor had visited the TCF twice, his last visit was about a week before the House Representatives' visit last week and he had issued instructions on improvements to be carried out.

Tuaolo then asked if it was true that inmates were cooking meals inside their cells.

The TCF director replied that it was true and that they are planning raids in the cells to find and confiscate all cooking utensils, but they are waiting for some K-9 sniffing dogs to help them because Correctional officers face intimidation by inmates when they attempt to search their cells.

He said cooking inside cells was done during Covid restrictions and currently, meals are delivered to inmates in their cells because the dining hall is not in use pending renovation and sterilization as recommended by DOH.

Committee member Senator Ponemafua stated that he strongly supports immediate action to solve the problem not for the inmates' safety, but for the safety of TCF staff.

He revealed that his daughter is a Corrections officer and he had advised her to resign and look for another job, after their visit to the prison last week. But his daughter refused because she loves her job.

Ponemafua pointed out that Corrections officers are at risk everyday while carrying out their duties, because they are unarmed. However, inmates have access to weapons.

"Cooking utensils like knives, forks, spoons and what have you can be deadly weapons in the hands of a seasoned killer," Ponemafua argued.

"All parents love their children and would never want them exposed to danger.

“The way things are going at the prison, something drastic can happen at any moment which is why I strongly support a resolution urging government to prioritize the solving of this problem."

The matter will be finalized in the Senate before the Special Session ends.