By LEE WILLIAMS, PATRICK JACKSON and ESTEBAN PARRA
The News Journal
04/19/2006
DOVER -- Sponsors of legislation that would overhaul prison medical services say they're willing to separate the massive bill into smaller chunks to move the bill out of the Senate Corrections Committee and put it up for a vote.
Senate Bill 291 would test inmates for HIV/AIDS, hepatitis and tuberculosis, provide medical training for guards, and require the Department of Correction's medical service provider to deliver records of inmate deaths for review and make other records available to the state for audit.
The bill, which was introduced by Sen. Margaret Rose Henry, D-Wilmington East, and has the support of the Senate's minority and majority leaders, has been in the committee chaired by Sen. James T. Vaughn for the past week and will remain there while lawmakers are on a two-week break.
"We need to work with Senator Vaughn, to educate him of the importance for the community," Henry said. "When we come back, we'll talk to Senator Vaughn. It's important for the community, the guards and the inmates."
Vaughn, a Democrat from Clayton who served as correction commissioner from 1976 to 1979, said he has not reached a decision on whether the measure will die in his desk or get a hearing.
Vaughn is no stranger to controversial issues, and is unflinching when he decides to use his desk drawer veto power.
"I've got my little desk drawer," he said. "And I don't hear it complaining."
If Henry wants to break the bill into parts, Vaughn said, she will need to move quickly as the clock on major, and potentially costly, new legislation is ticking.
"Margaret Rose hasn't talked to me about it, but if she wants to do it, she'd better get it done," he said. "We don't have a lot of time. We're back for a couple of weeks in May then we go into [budget] markup. Then we're into June."
Historically, the General Assembly will fine-tune the operating budget but is reluctant to add new, expensive programs to it once the two-week markup period is over. Henry and Vaughn both sit on the budget-writing Joint Finance Committee.
'Look at the costs'
Vaughn said he's waiting until he has an idea of what the legislation will cost.
"You've got to look at the costs," he said. "We're talking about giving the correction officers some level of medical training so they can do what this requires. When are they going to get this, on overtime? ... We're already spending $26 million on medical treatment and we're going to be spending $28 million. I hope we get something for all that money."
Sen. Charles L. Copeland, R-West Farm, co-sponsor of S.B. 291, said if the legislation is broken up, the first piece should mandate protections for pregnant inmates.
The News Journal published an article last week about former inmate Kimwayna Allen, who gave birth to premature twins at Baylor Women's Correctional Institution on March 4.
"I understand total costs, and I think it might help if we break out certain components, but certainly a policy and procedure relevant to pregnant women is an appropriate place to start," Copeland said.
Independent panel sought
Copeland has introduced his own legislation calling for an independent commission to investigate the Department of Correction -- a bill also stalled in Vaughn's committee.
Vaughn has said he will rely on the recently launched federal investigation of the Department of Correction's medical care to indicate whether problems exist in Delaware prisons.
On Tuesday, Department of Justice spokesman Eric Holland said the "investigation is open and ongoing. I cannot comment any further."
Wilbur Justice, president of the Correctional Officers Association of Delaware, doesn't understand why the reform bill stalled at the committee level.
"We were hoping that with the communicable diseases spread through the DOC, and with the other issues we had in the bill, something would get done," Justice said.
The Rev. Christopher Bullock, who with Copeland founded the Delaware Coalition for Prison Reform and Justice, said coalition and church members want the legislation publicly debated and signed by the governor.
Of Vaughn, Bullock said, "I want him to think about those children, and think about the best interests of Delaware. This can't wait. People are still dying in the prisons."
Contact investigative reporter Lee Williams at 324-2362 or lwilliams@delawareonline.com. Contact Patrick Jackson at 678-4274 or pjackson@delawareonline.com. Contact Esteban Parra at 324-2299 or eparra@delawareonline.com.
