BY LEE WILLIAMS AND ESTEBAN PARRA
The News Journal 09/29/2005
A Senate Republican leader and three fellow Delaware lawmakers on Wednesday called for independent investigations of medical care in the state's prisons.
"We have a crisis now," said House Majority Leader Wayne A. Smith, R-Clair Manor. "The system is broken and it needs to be fixed. If I was governor, I would have immediately raked someone over the coals."
Federal investigators also have been alerted to allegations of poor medical care provided to the state's 6,600 inmates.
The bipartisan response follows a four-day series of News Journal articles detailing the spread of AIDS and other infectious diseases behind bars; the award of a no-bid $25.9 million contract for medical care approved this year by Correction Commissioner Stan Taylor and Gov. Ruth Ann Minner; high rates of AIDS-related deaths and suicides; gaps in independent oversight of the prison's private medical contractor and the prison's medical grievance process; and numerous allegations of inadequate medical care.
Rep. Hazel D. Plant, D-Wilmington Central, asked to convene a special House committee to investigate prison medical care.
"I would rather see a federal investigation, but if that takes too long, then we need an independent investigation," she said. "I want it to start yesterday."
Taylor, Plant said, must go.
"Stan Taylor needs to be fired immediately," Plant said. "I have no confidence in him. Things have been going on like this for years, and he's done nothing about it."
In the past, Plant said, she has written letters to Taylor after hearing complaints from her constituents but has never received a response.
Plant said the department receives more than enough funding to provide adequate care. "We taxpayers pay around $30,000 per year for each inmate. Where is the money going? They're ripping off the taxpayers."
Minner and Taylor did not return phone calls for comment.
In a written release to the newspaper, one of Minner's spokespersons wrote: "Providing quality health care services to an inmate population is a very demanding task and a very difficult service to deliver, but it is a program that Commissioner Taylor and the Governor have been working to improve for the past few years, and it will continue to be a priority in the years ahead."
Attorney General M. Jane Brady maintains an attorney-client relationship with the Department of Correction. "We are working with our client to determine what the facts are, to determine if further actions by this office are necessary," Brady said.
The Civil Rights Division of the U.S. Department of Justice is empowered to investigate conditions within local, state and federal prisons. The division can remedy problems through lawsuits or written agreements with prison officials.
U.S. Attorney for Delaware Colm F. Connolly said he's known since September 2004 -- when a local defense attorney told him about poor medical care for a client -- about allegations of mistreatment within Delaware's prison system.
"As a result of that complaint, we forwarded it to the Civil Rights Division in Washington," he said. "I've also forwarded the [News Journal] articles."
Sen. Margaret Rose Henry, D-Wilmington East, wants to lead a Senate investigation into prison conditions. She hopes to organize a diverse panel that will include legislators, health professionals, prison reform advocates, prison staff and local citizens. She believes such a group should find the root causes of the breakdown in the health care system in our prisons, she said, and how it can be corrected.
Unlike Plant, Henry has confidence in Taylor.
"I think Stan needs a lot of assistance," she said. "He needs to be told that this is not acceptable."
Henry said she has visited Delaware prisons several times after hearing about complaints, but she was always told the incidents were isolated.
"I believe the entire system is in chaos."
During his failed campaign against Minner last year, Bill Lee said he would fire Taylor if elected. But Wednesday, Lee wasn't sure that was the best solution, saying Taylor was the most qualified person to ever hold that post.
"Taylor's inability to run the department correctly stems from Minner's administration, which doesn't deal with such problems as crowding, understaffed prison guards and medical care," Lee said. "She is not interested in taking care of problems."
Lee believes an investigation is needed, adding that Minner must recuse herself from it.
"I don't think the governor understands these subtleties," he said.
Sen. Charles L. Copeland, R-West Farms, who sits on the Public Safety committee, proposed "the creation of an independent investigation 'prison commission' made up of national and local corrections medical experts, including the Medical Society of Delaware, to investigate the conditions that have led to this series of horrific incidents and provide answers so that we can provide results."
The panel should address, he said, among other things:
• inhumane treatment in the state's prisons
• lack of proper medical care
• continued understaffing and forced overtime
• no-bid contracts
• lack of accountability and oversight.
Copeland said the Minner administration has failed to answer questions and it is time for the Legislature to create laws forcing the Department of Correction to do their job properly.
Copeland said he has received calls from inmate families complaining of problems in the prison. But when he has checked, prison officials have assured him each complaint was an "isolated event."
"That's the Legislature's fault for not having an oversight mechanism," he said.
Smith does not want the federal government coming in to take over the state prisons. "The threat of federal oversight and control ... ought to be taken very seriously," he said.
Smith issued a list of proposed changes:
• Switch to "cost-plus" contracts to eliminate a company's incentive to maximize profits.
"If state oversight is lacking, this motivation could result in cutting costs at the expense of patients' well-being," Smith said.
• Establish a health care inspector general. This person could be placed under the state Department of Health and Social Services. This would be in keeping with the department's mission and their staff would have a greater degree of objective credibility than if they were employed by the Department of Correction, he said.
• Form a partnership with the Delaware health care community.
These medical professionals would come from Delaware health care facilities and the Medical Society of Delaware. This would help ensure that the Department of Correction is meeting health care standards for prisoners. The society already has a prison health committee, but its role needs to be expanded so that Delaware's professional health care experts can have more of an impact than just providing commentary on prison health issues, Smith said.
• Start disease screening of new inmates.
• Test inmates for hepatitis or HIV.
Contact investigative reporter Lee Williams at 324-2362 or lwilliams@delawareonline.com. Contact Esteban Parra at 324-2299 or eparra@delawareonline.com.
