Lawmaker calls for 'independent investigation' of Oklahoma Department of Corrections

The chairman of the Oklahoma House of Representatives' Criminal Justice and Corrections Committee called Friday for an "independent investigation" of the Oklahoma Department of Corrections.

State Rep. Justin Humphrey, R-Lane, said he wanted the investigation to examine claims of increased violent assaults against inmates and state Corrections Department staff and an examination of the agency's budget and how the department spends its funds. Humphrey said he would question state Corrections Department officials during a meeting of the Appropriations and Budget Public Safety Subcommittee Monday at the state Capitol. That meeting is expected to last all day.

"The Department of Corrections within the past year has seen an increase in violence against inmates and staff," Humphrey said in a media statement announcing the call for the investigation. "Stabbings, assaults and rapes appear to have become a near daily occurrence. I am receiving multiple reports, like an inmate being tied up for approximately 12 hours and raped repeatedly. Another report is of inmates entering an employee’s office and repeatedly stabbing an inmate in front of that employee."

Concerns over inmate, staff assaults at state prisons

Humphrey said he had received reports of inmates or employees being attacked, beaten or stabbed. He said the most recent attack was a video of an inmate attack at the Dick Conner Correctional Center in Hominy. That video was broadcast on KFOR, an Oklahoma City television station.

That video, which aired on Dec. 22, 2023, showed Carlos Ross, Jr., begin attacked by other inmates at the prison. At that time, corrections officials told the television station they were aware of the incident but couldn't comment.

“The Oklahoma Department of Corrections is aware of an incident at Dick Conner Correctional Center Wednesday evening," the department said in a media statement in December. "The Office of Inspector General launched an immediate investigation. Since the investigation has just begun, ODOC is unable to release any additional information at this time.”

Late Friday, DOC officials issued another statement which said contraband cell phones were a threat to public safety and that agency employees "work diligently daily to combat the introduction of cellular devices into our facilities using state-of-the-art technology and traditional methods. Over the last year, we have confiscated or bricked over 5,000 cell phones."

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Humphrey said he notified Oklahoma Attorney General Gentner Drummond's office earlier this year about his concerns of how inmates in state custody were begin treated. Drummond's office replayed in May, writing that state Corrections Department officials had 'fully cooperated with the OAG inquiry' and had provided 'extensive documentation of their internal investigatory materials and subsequent actions.'

"After thoroughly reviewing all the documentation that you provided, we contacted DOC Inspector General Justin Wheeler to determine if these incidents were investigated," Drummond wrote in a letter to Humphrey. "Mr. Wheeler provided copies of the DOC investigative reports for each of these incidents. After reviewing the information received from DOC, our office has concluded that each of the incidents brought to your attention were investigated appropriately and according to DOC policy."

Question over DOC's budget and spending priorities

Humphrey said his review of the state Corrections Department's budget showed the department had been overpaid by at least $43 million, which, he said, was initially concealed within the agency's budget. He said he would ask any investigators to examine whether executive employees were wrongfully fired and replaced with inexperienced associates of the director.

DOC's spokesman Kay Thompson said Friday it was not within DOC’s ethos to hide money. "Every year, a transparent budget request, including a plan and spending history, is presented to the legislature. It would be detrimental to try to conceal money – a risk no DOC employee, current or previous, is willing to take," Thompson said in a media statement. "Through streamlining processes and identifying efficiencies, the agency was able to afford a one-time performance-based stipend."

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Humphrey said he wants an examination of the director's training, experience and education "to ensure it is commensurate with corrections work and that it warrants a $90,000 raise he said the current director recently received."

"It is my understanding this would bring the director’s pay to approximately $275,000 per year. I understand $275,000 is nearly equivalent to the Texas Department of Criminal Justice director who I believe has a nearly $4 billion larger budget, has tens of thousands more inmates and has decades of correctional experience, training and education," Humphrey said.

Thompson said Humphrey's claims were wrong. "The performance stipends were distributed per Oklahoma Statute §74-840-2.17, a law since 2002," she said in a media statement. "ODOC continues to be a good steward of taxpayers’ dollars while rewarding its workforce for their dedication to the State of Oklahoma, public safety, and changing lives. The method of performance review, which has long been used in private industry, has been a state standard since 2019. ODOC began using calibration in early 2022 before Director Harpe started his time with the agency. Also, Director Harpe did not receive a raise when he became the director of ODOC. He has received the same pay since July 2021, when Governor Stitt named him the state chief operating officer."

She added that corrections officials had "no report or knowledge of any inmate being tied up and raped for hours.

"If true, this egregious act must be investigated thoroughly, and those involved must be held responsible," Thompson's said. "We welcome Rep. Humphrey to send us the information about the referenced incident. ODOC staff work diligently to ensure the safety of inmates and fellow staff members. We respond swiftly to incidents and provide any necessary medical treatment as quickly as possible."

She said looking at one or two incidents is not indicative of the overall embodiment of how ODOC is operating and protecting staff and those incarcerated. "Over the last six months, there has not been a statistically significant increase in inmate-on-inmate assaults. During the same time frame, there has been a reduction in inmate-on-staff assaults," Thompson said.

Humphrey said the state has closed prisons and has reduced the inmate population by approximately 6,000, which should translate to reduced costs.

Humphrey said he received documentation that inmates were being held in two-by-two-foot cells for days while being denied food, water and bathroom facilities. Humphrey said the Department of Corrections claimed the change was done to move inmates from cells and that inmates were not held in the small spaces for more than three days.

Thompson's statement did not address Humphrey's complaints about the two-by-two-foot cells. Insated, Thompson said Corrections Director Steven Harpe has pushed for employees to be compensated fairly. "Captains now receive overtime pay, which will encourage more qualified security staff to apply for promotions, and all levels of food service workers received a much-needed pay raise. The salaries of other job positions are currently being reviewed. Director Harpe also implemented a technology refresh for the entire agency, eliminating antiquated computers that hindered employees from efficiently performing their duties," her statement said.

Harpe's efforts, the DOC said, are being noticed throughout the United States.

"Under Director Harpe’s leadership, many positive changes have occurred," Thompson said. "Our recruitment efforts and results stay strong, the agency’s attrition rate is down, and the culture change continues to take hold across the agency – a change noticed by staff and inmates. His office continuously receives compliments about the agency-wide changes from employees, inmates, and their families."

Humphrey, however, said he remained concerned by actions of DOC officials.

"If proven the department treated inmates in this manner and that the department intentionally ignored rapes, then unquestionably this would constitute civil rights and human rights violations," he said. "If this report is true, it clearly demonstrates the administration’s catastrophic failure. The Department of Corrections cannot be trusted to investigate themselves.  It is time Oklahomans demand a proper investigation into the numerous reports and allegations involving our Department of Corrections."

This article originally appeared on Oklahoman: Oklahoma lawmaker wants Department of Corrections investigation