A special monitor hired to oversee improvements at the Hawai'i Youth Correctional Facility said the state is in "partial compliance" with an agreement that requires it to correct serious problems at the facility, or face federal intervention.

The 85-page report by monitor Russell Van Vleet was released Friday and is the first since he was hired to oversee the state's implementation of an agreement it reached with the U.S. Department of Justice in February. The agreement addresses major violations uncovered by the department during an inspection in October 2004 and gives the state three years to correct the problems.

The agreement has 53 provisions that are broken down into five categories: protection from harm (suicide prevention), training, access to medical and mental healthcare, special education and compliance and quality improvement.

Van Vleet and suicide prevention expert Lindsay Hayes made two visits to the Windward O'ahu facility between March 1 and June 26. Based on interviews with wards and HYCF staff and evaluations of policies and procedures, the two reported that the state was in "partial compliance" with 41 of the 53 provisions.

The report defined "partial compliance" as being in compliance, but that "substantial work remains." The state must be in "substantial compliance" in all 53 provisions at the end of the three years.

The monitor said the only category that the state is in substantial compliance with is the timeliness in providing special education to HYCF wards.

The state received noncompliance marks in the reporting of possible criminal violations by HYCF staff, isolation of wards, staffing, staff training and access to medical and mental healthcare.

Van Vleet said staffing has been and continues to be a serious problem at HYCF. During the Mother's Day weekend, for example, Van Vleet said a staff shortage forced youths to be placed in lockdown and some family visits had to be canceled.

"The youth were not locked down due to their behavior, but to staff who did not appear for scheduled shifts, leaving so few staff that youth could not safely be allowed out of their individual rooms," Van Vleet wrote.

He said few youth correctional officers report for duty on weekends. As a result, many officers are forced to work extra shifts.

"The added work creates a tension and a lack of readiness in these staff members and makes them less able to provide a safe environment for themselves and the youth within the facility," Van Vleet wrote. "On occasions, other staff, such as maintenance workers, have needed to make security checks in order to assist whatever direct-care staff were available in order to maintain whatever semblance of security they could."

State Attorney General Mark Bennett said the report shows the state is making progress to meet the terms of the agreement, but he acknowledged that much more needs to be done.

"The monitor's thorough report details areas of significant progress, and areas where significant improvement is still needed," Bennett said. "The state is committed to fully complying with the agreement and to helping the youth confined at the HYCF."

In August 2005, the Justice Department described HYCF as being in a "state of chaos" and lacking safeguards to protect the juveniles. The department threatened to sue the state if it did not correct the problems.

The Justice Department's inspection followed an August 2003 report released by the American Civil Liberties Union of Hawai'i that included allegations of rape, brutality and crowding at the facility.

The ACLU also filed a federal lawsuit last year alleging wards were physically and emotionally abused by guards because of their sexual orientation. A federal judge recently ordered state officials and guards to stop abusing and harassing the wards because of their orientation.

Lois Perrin, ACLU of Hawai'i legal director, said she is hopeful that the state and Justice Department are "working to ensure that the facility is up and running at constitutional standards in the shortest time possible."

Reach Curtis Lum at culum@honoluluadvertiser.com.