Governor Pulaalii Nikolao Pula has issued an executive order to temporarily transfer the Department of Corrections under the Department of Public Safety. The executive order also appoints the Commissioner of Public Safety as Interim Director of the Department of Corrections.
According to the executive order, for many years the Territorial Correctional Facility (TCF) and the Juvenile Detention Center (JDC) have been plagued by inmate escapes and substandard living conditions, raising serious concerns for the safety of correctional staff, inmates and the public.
In response to these longstanding concerns, the American Samoa Government in 2022 established the Dept of Correction as a standalone executive department, separating correctional operations from the Department of Public Safety.
“Notwithstanding the improvements intended by the 2022 law, inmate escapes from the TCF have continued unabated, highlighted by the most recent escape involving a corrections officer who allegedly assisted the escape of an inmate in the trunk of her vehicle,” says the order. “Ongoing security failures at the TCF and JDC present a clear and immediate threat to public safety and demand urgent executive action.”
Whereas the Governor has the responsibility to ensure the protection of the public, the effective enforcement of the laws of American Samoa, and the proper functioning of executive branch agencies. Governor Pulaalii hereby orders that the TCF and JDC, and Dept of Corrections shall operate under the direct control, oversight, and coordination of the DPS, with the Commissioner of DPS serving as Interim Director.
The Commissioner, in his capacity as Interim Director of DOC, shall exercise all the powers and duties of the Director of Corrections. The commissioner shall also take all the necessary steps to:
a. Stabilize operations at the TCF and JDC through the deployment of DOC and DPS personnel and resources to ensure the security and supervision of all inmates and detainees;
b. Implement standard operating procedures and practices (“SOPs”) for the operations of the TCF and JDC;
c. Improve staff training on SOPs and other professional standards, including required training, conduct expectations, and disciplinary procedures.
A review and assessment of the legal authorities applicable to the DOC and DPS shall be undertaken, and legislative proposals shall be developed, in consultation with the Attorney General’s Office.
