Three expert psychiatrists assisting in a federal investigation of O'ahu Community Correctional Center found major problems with the prison's treatment of mentally ill inmates more than a year ago, but the Justice Department has yet to force the state to correct the problems.

Instead, it deviated from its usual practice and gave the state an advance copy of the experts' report in July, saying it hoped that would allow the state to begin focusing resources on Justice's concerns.

Critics say the unusual way the federal government has handled the investigation smacks of politics. Normally, a demand letter detailing deficiencies and demanding corrective action within a specific time frame is issued, and the experts' report is included with that letter.

Alvin Bronstein, director emeritus of the American Civil Liberties Union's National Prison Project, said he suspects the Justice Department deviated from its usual practice so a demand letter would not come out during an election year.

Had a demand letter come out, it would have been a public document, and the federal agency even puts some letters on its Web site.

Critics have accused Bush's Justice Department of allowing politics to enter into investigations by the agency's Civil Rights Division. That's the division overseeing the OCCC case.

Bronstein said a significant number of lawyers have quit the division. "They feel politics is coloring a lot of what's going on."

Asked whether politics has affected the Hawai'i case, a Justice spokeswoman would not comment, citing the general policy of not discussing pending investigations. She said, however, that the department has in the past provided advance copies of experts' reports to jurisdictions, particularly when they are cooperative.

A spokesman for Gov. Linda Lingle didn't respond to requests for comment.

The state Department of Public Safety, which runs the prison system, said it immediately began addressing Justice concerns after meeting with the experts following their inspection in October 2005. The agency said it is continuing to pursue improvements, not waiting for the official findings from the federal agency.

The report by the three private psychiatrists is only part of the information the Justice Department considers before deciding what step to take next. It also has its own investigators' work to consider.

Lois Perrin, the ACLU's legal director in Hawai'i, said nothing appears to be happening with the federal probe and suspects it has stalled. If that's the case, her group may file a lawsuit against the state on behalf of OCCC inmates, she said.

Bronstein said it was unusual that a demand letter hasn't been issued more than a year after an experts' report, which found serious deficiencies, was issued.

But the Justice spokeswoman said investigations tend to be lengthy.

The OCCC investigation began in June 2005, more than 18 months ago. When Justice investigated OCCC and the Women's Community Correctional Center in the mid-1980s, it took about a year, even though the scope was broader and involved two facilities.

Reach Rob Perez at rperez@honoluluadvertiser.com.