Editorial: State’s prisons agency needs reforms after early-release scandal

By The Herald Editorial Board

News broke in late 2015 that a software problem — which went undetected for 10 years and unresolved and unpublicized for another three — had led to the mistaken early release of some 3,200 prisoners by the state Department of Corrections. The result was at least three investigations, including an internal review by the state Attorney General’s office, an independent probe by two former federal prosecutors called by the governor and one by the state Senate’s Law and Justice Committee.

At least one lawsuit against the Department of Corrections may be filed on behalf of the family of a woman who died in an auto accident. The driver, the woman’s boyfriend, was convicted of vehicular homicide in the crash and was one of those who had been mistakenly released before his sentence should have been considered complete.

Among the three investigations last year there was plenty of blame to go around, some acceptance of responsibility, some election-year fault-finding and now, thankfully, recommendations that should help to correct problems and improve transparency within the Department of Corrections and throughout state government.

Last year’s Senate committee report now is the basis for legislation now before the same committee for a hearing today. The committee should advance it to the floor by Friday’s bill cutoff deadline.

The legislation, Senate Bill 5294, sponsored by committee chairman Sen. Mike Padden, R-Spokane Valley, and vice chairman Sen. Steve O’Ban, R-University Place, seeks several reforms. The bill would:

Create an independent ombudsman office to investigate complaints filed by citizens, inmates and their families;

Charge the Joint Legislative Audit Review Committee to audit the Corrections Department’s information technology and records departments;

Make changes to the state’s employee whistle-blower program to tighten the timeline of the State Auditor’s notification to participants of its investigations;

Require the state Office of Financial Management to review the ability of Corrections employees to use the whistle-blower program and investigate alleged mismanagement; and

Create a joint legislative task force to review and make recommendations to simplify the state’s Sentencing Reform Act.

Lawmakers should consider tinkering with at least the final recommendation; the state already has a Sentencing Guidelines Commission, the membership of which reflects the suggested makeup of the task force. Russ Hauge, the chair and a citizen member of the Sentencing Guidelines Commission testified at a recent committee meeting that the commission completed a similar review of drug sentencing several years ago and would be able to make the same review now sought in the bill. Review by the existing commission should streamline the review and avoid creation of a duplicative task force.

In particular, the creation of an ombudsman office for the Department of Corrections and improvement of the employee whistle-blower program would be key in helping to assure the public’s safety, increase transparency and provide a process to address complaints.

The state already uses several ombudsman programs to assist the public with questions and concerns, including the Long-term Care Ombudsman, the Family and Children’s Ombudsman, the Health Care Authority Ombudsman and the Educational Ombudsman.

As outlined in the legislation, such an office for Corrections could provide information and assistance to department employees, inmates, their families and the general public; monitor the department’s compliance with laws, policies and regulations; assist in development of policy; and develop a process to investigate and resolve complaints.

The state’s employee whistle-blower program also can be bolstered to encourage employees to step up, without fear of retaliation, when they see a problem.

A handful of resignations and admissions of responsibility that followed last year’s news only went so far in resolving the problems that came to light. The Senate bill provides solutions that should reach much further.