Prison "civil rights" reforms must be overseen by lawmakers


By LEE WILLIAMS and ESTEBAN PARRA,
The News Journal

A collection of government watchdog and civil rights groups says lawmakers and the public should continue to probe conditions of care within Delaware prisons, even after the U.S. Justice Department has found “substantial civil rights violations” inside four facilities.
Common Cause of Delaware, along with members of the American Civil Liberties Union of Delaware and the Delaware Coalition for Prison Reform and Justice met Thursday morning to review the findings of the Justice Department investigation into prison health care, released last week.
“Ultimately, we need to have oversight hearings in the General Assembly since neither the House nor Senate Correction Committees has assumed that responsibility,” said John Flaherty of Common Cause, who participated in a page-by-page review of the Justice Department’s findings.
Attorney General Carl Danberg and Correction Commissioner Stan Taylor signed an 87-point agreement with the Justice Department that calls for sweeping changes in Delaware’s prisons. The state promised to correct deficiencies and “meet generally accepted professional standards.” The state did not admit to violating any inmate’s civil rights or breaking any other federal law.
On Wednesday, Gov. Ruth Ann Minner nominated Danberg to replace Stan Taylor as commissioner of the Delaware Department of Correction. Danberg’s appointment, which requires Senate confirmation, would be effective Feb. 1, when Taylor retires after 11 years in the top job.
In her announcement, Minner stated she chose Danberg for his years of experience at the Department of Correction, as an advisor to Taylor. It was this experience that members of the grassroots groups targeted Thursday.
“The question that needs to be asked at Mr. Danberg’s confirmation hearing is: What did he know and when did he know it, and what did he know with respect to the federal findings,” said Richard Korn of the Delaware Coalition for Prison Reform and Justice. “These are not problems that occurred overnight. These are questions that demand answers that only he can give.”
Danberg was unavailable for comment Thursday.
Once problems within the prisons were revealed in a News Journal special report published in 2005, the state conducted its own investigation, which was given to federal prison regulators when the Justice Department probe began.
“There’s a complete lack of transparency on the part of the Department of Correction,” said Drewry Fennell, executive director of the American Civil Liberties Union of Delaware. “We haven’t been able to see even an executive summary of the state’s investigation.”
Wilmington attorney Herb Feuerhake, said by signing the settlement agreement, “the state has agreed to do a lot of things they should have been doing all along.” Feuerhake said the provision in the agreement that calls for establishing a prison monitor cold be key to substantive reforms.
“It’s very important to choose an aggressive monitor who takes the mission to heart and follows through,” Feuerhake said. “We need someone who can hold the state’s feet to the fire.”
Contact investigative reporter Lee Williams at 324-2362 or lwilliams@delawareonline.com. Contact Esteban Parra at 324-2299 or eparra@delawareonline.com


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