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The Honolulu Advertiser

Posted on: Sunday, November 28, 2004

Hawai'i inmates didn't receive rehab services

By Kevin Dayton
Advertiser Staff Writer

Women inmates from Hawai'i who were sent to an Oklahoma prison didn't receive drug treatment and other services paid for by the state for more than a year, a problem that finally prompted the Department of Public Safety to move the inmates to Colorado.

Melissa Duncan, who served time in an Oklahoma private prison, said many programs for Hawai'i inmates ended when the state took over.

Deborah Booker • The Honolulu Advertiser

State records show that contract monitors within the department had urged officials to remove 64 women inmates from the Mabel Bassett Correctional Center in Oklahoma as early as June 2003 because the required services weren't being delivered.

But the situation continued, and in a March 29 report, the four-member monitoring team said: "It appears our inmates are merely being 'warehoused' with inadequate service being provided." The team reported that Oklahoma officials knew they were still not providing the required programs, but said they were unable to do anything about it.

The inmates were finally moved in August to a privately run prison in Brush, Colo., where they are receiving programs.

Hawai'i has not tried to recoup any of the $1.3 million paid to Oklahoma during the 14 months the monitors complained that contractually required services were not delivered, "because there was no gross neglect," said Michael Gaede, spokesman for the Department of Public Safety.

"They were housing them in a clean facility, they were getting their food, and they were making a reasonable attempt to provide the services that we wanted," he said.

The state spends about $30 million a year to hold about 1,600 men and women inmates in Mainland prisons because there is no room in overcrowded facilities here. Hawai'i sometimes pays a higher price than other states to house inmates in out-of-state prisons, in part, because state officials insist on drug treatment and other programs, which often are required for prisoners to be considered for parole.

The problem at the Oklahoma prison began after the state of Oklahoma took over the facility from a private operator, Dominion Inc.

Hawai'i initially signed a contract with the town of McLoud, Okla., and Dominion's McLoud Correctional Services LLC in 2001 to have the Hawai'i women housed at the Central Oklahoma Correctional Facility. The state agreed to pay a daily rate of $47.90 per inmate, and required the prison to provide such programs as substance abuse counseling and classes in parenting and anger management. Qualified inmates also were to receive vocational and other work programs.

On May 1, 2003, the state of Oklahoma bought the Central Oklahoma facility from Dominion, moved its own inmates in and renamed it the Mabel Bassett Correctional Center.

Jerry Massie, spokesman for the Oklahoma Department of Corrections, said Oklahoma bought the prison because it needed bed space and believed it would be cheaper to operate with state staff.

Inmates who were in Oklahoma at the time confirmed that many programs for Hawai'i prisoners ceased abruptly after Oklahoma took control of the Mabel Bassett facility, although high-school equivalency and some college courses were available.

The shut down of services was a particular concern for Hawai'i inmates who were in the middle of a one-year drug treatment program, said former Oklahoma inmate Melissa Duncan.

"The girls, when the state took over, they had to quit, there was no more treatment for them," said Duncan, who has since returned to Hawai'i. "So you've got to start over again."

Duncan said members of the Hawai'i Paroling Authority told inmates what programs they would be expected to complete before gaining parole, but the inmates pointed out there were no programs available.

"If we're doing time in Oklahoma and we have no drug treatment under our belt when we get back, you're going to defer us (from parole) because we have to go through Hina Mauka (a Hawai'i drug treatment program)," Duncan said. For some prisoners, that could mean an extra year in state custody, she said.

"That's not the inmates' fault. That's your guys' fault," she said, referring to the prison system.

Gaede confirmed the lack of programs may have delayed parole for some inmates.

In a June 3, 2003, report, a month after the sale of the prison, Department of Public Safety monitors noted Oklahoma was not providing services required under the contract, and recommended Hawai'i plan to move the inmates "to another private prison facility that will address our needs and be accountable to Hawai'i's contractual agreement."

Instead, the state signed a new contract with Oklahoma officials on July 1, 2003, that required the same employment, educational and other programs that were required under the old contract.

Nine months later, contract monitor Howard Komori noted in a report to Public Safety Director John Peyton that "the most important program for our ladies is lacking. Programs such as substance abuse, cognitive skills, parenting classes and anger/stress management are nonexistent."

Public safety spokesman Gaede said Oklahoma officials wanted to provide the services, but were unable to because of budgetary restrictions.

Oklahoma uses federal money to provide drug treatment for its own inmates, and officials initially planned to place Hawai'i inmates in those programs, fulfilling its contract with Hawai'i. But the federal government said the federal money could not be used for Hawai'i inmates, according to Gaede and a spokesman for the Oklahoma Department of Corrections.

That meant Oklahoma would have to establish a new treatment program to serve the Hawai'i inmates — something it never did.

Gaede said the women were not moved immediately because it took time for the state to find a suitable prison elsewhere. He said Oklahoma was making an honest effort to resolve the problem, but was never able to create the required programs.

Massie, spokesman for the Oklahoma prison system, said prison officials went through a difficult transition after Oklahoma bought the facility and moved more inmates there, and "issues are not always resolved as quickly as everyone would hope."

"We recognized the need for a treatment program for higher security female inmates whether it be Oklahoma or Hawaiian inmates, and have taken steps in that direction, but still have some steps left before it is fully implemented," Massie said in a written response to questions.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com or (808) 935-3916.