The News Journal
03/11/2006
Federal civil rights regulators will investigate the "conditions of confinement" at five Delaware prisons, according to a letter the U.S. Department of Justice delivered this week to Gov. Ruth Ann Minner.
The investigation will focus on medical and mental health care to determine whether there are systemic violations of the constitutional rights of prisoners, Assistant U.S. Attorney General Wan J. Kim informed the governor in a two-page letter.
Justice Department spokesman Eric Holland announced the investigation Wednesday in Washington, but a copy of the letter, which provides details Holland wouldn't, was obtained Friday by The News Journal.
"During the course of our investigation, we will consider all relevant information, particularly the efforts the state has undertaken to ensure compliance with federal law," Kim wrote. "We also will offer to provide recommendations on ways to improve conditions at the institutions, when appropriate."
The governor would not comment on the investigation beyond a statement of cooperation she issued Wednesday, said Minner spokeswoman Kate Bailey.
Correction Commissioner Stanley W. Taylor Jr. on Friday said his administrators were getting their staffs ready for the federal regulators by preparing them to answer questions and having documents they expect will be requested available. Taylor, who has not been contacted by the Justice Department's prison team, was expecting it to request medical files.
"I really don't know, but we're expecting that there will be a request to look at lots of documents relative to medical care, probably budget requests, medical contracts," Taylor said.
The formal investigation follows the completion of a five-month preliminary inquiry by the department, during which time federal regulators spoke to medical experts, inmates and families of dead inmates. Many of these people were interviewed by The News Journal last year during the newspaper's six-month investigation of the prison, which found cases of poor medical care and high inmate death rates due to HIV/ AIDS and suicide.
The federal investigation has been praised by many former inmates and their families, some lawmakers and other civil rights advocates. Other state leaders have said they will cooperate with the Justice Department but downplayed the need for federal oversight.
"Obviously, serious questions and issues have been raised," said Rep. Mike Castle, R-Del. "I think it's in order to have an investigation to make sure that all the proper procedures have been followed and no laws have been violated."
Delaware's two senators were not available for comment.
The Civil Rights of Institutionalized Persons Act -- CRIPA -- authorizes the Justice Department to investigate conditions in any jail or prison. Since 1980, when the law was enacted, the Justice Department has investigated conditions in more than 300 facilities in 39 states.
When problems are found, the Justice Department can sue the prison in federal court for relief. The Special Litigation Section, the arm of the Justice Department's Civil Rights Division responsible for enforcing CRIPA, has never lost a case.
But such actions typically don't reach trial. Most cases are resolved without litigation, through consent decrees -- in which the prison promises to make changes. These consent decrees are closely monitored by the Justice Department.
"In over 20 years of enforcing the Civil Rights of Institutionalized Persons Act, the good-faith efforts of state, county or local jurisdictions working with us have enabled us routinely to resolve our claims without resort to contested litigation," Kim said. "We encourage the state to cooperate with our investigation and can assure you that we will seek to minimize any potential disruption our investigation may have on the operations of the institutions."
Contact Esteban Parra at 324-2299 or eparra@delawareonline.com. Contact investigative reporter Lee Williams at 324-2362 or lwilliams@delawareonline.com.
