Editorial: Stop violations of inmates’ rights

State government in Hawaii faces a multitude of computer-age shortcomings, with much of the bureaucracy, incredibly, still shuffling through paper records.

But one particular problem — an apparent inability to notify prisoners that their time behind bars is up — should not present such a high hurdle, especially since continued failure has led repeatedly to expensive lawsuits.

What it does represent is yet another reason why the state corrections system needs the supervision of an independent commission.

The most recent lapses, involving the excessive incarceration of Jacob Johnson and Nolan Fraser, are expected to cost the state thousands.

Johnson, who was officially released from jail at Oahu Community Correctional Center after serving five days for a probation violation, has successfully sued because he was rearrested and sent back to jail for four months before the state discovered the error, even though he pleaded for his release, to no avail. He will settle for $18,000.

Fraser, who had been jailed at Maui Community Correctional Center for 2 1/2 months past his release date a decade ago, is owed $25,000.

Both payouts now await only the formality of legislative approval.

Beyond those two, the state Department of Public Safety (DPS), which is responsible for the timely release of inmates completing their sentence, has acknowledged that last year it released nine inmates after their prison term was exceeded. The inmates likely were not themselves aware of the error, and the state did not alert them to it, a DPS official said.

Depriving these people of their civil rights is just wrong. But even someone unmoved by these missteps at the very least ought to be incensed about the needless drain of public resources spent as compensation for this ineptitude — especially as it’s now 15 years after the state agreed in federal court to get this very issue under control.

In 2004, a class-action lawsuit, Tapaoan v. Cayetano, was filed on behalf of hundreds of individuals wrongly detained by DPS after being ordered released.

It led to a $1.2 million award and an agreement requiring the department to implement new policies to provide for the timely release of individuals, and to ensure that they are not put through strip- and body-cavity searches, according to the American Civil Liberties Union of Hawaii, which filed the suit.

Gregory Tapaoan, the principal plaintiff in the settlement, had been acquitted by a jury of kidnapping and terroristic threatening charges in January 2001. Standard practice at the time was to take acquitted detainees back to prison while paperwork was processed.

But in his case, the delay took two days, during which he was strip-searched and compelled to wear a prison jumpsuit.

This settlement was supposed to spur improved communication between the Judiciary and the corrections agency. DPS officials said it has beefed up staffing, and better electronic links are in the works, but why a reliable system isn’t in place by now remains a mystery. To help DPS stay on track, perhaps it makes more sense for the Judiciary to notify DPS staff when an inmate’s term is nearing its end.

This issue reinforces the imperative that the state establish a correctional system oversight commission to ensure that DPS operates more efficiently and doesn’t put off needed reforms. House Bill 1552, which consolidates duties of existing prison population management and re-entry panels into this single, independent commission, will be heard at 2:10 p.m. today in conference room 229 at the state Capitol.

It’s unacceptable that the state keeps billing the taxpayer for such inexcusable failings. Justice demands that this weak link be corrected.