Pubdate: Tue, 08 Jul 2003 Source: Mobile Register (AL) Copyright: 2003 Mobile Register. Contact: http://www.al.com/mobileregister/today/ Details: http://www.mapinc.org/media/269 Author: Brendan Kirby Bookmark: http://www.mapinc.org/prison.htm (Incarceration) Bookmark: http://www.mapinc.org/rehab.htm (Treatment) JUDGE SUMMONS PRISON OFFICIALS Wilters Wants To Know Why Women's Drug Treatment Program He Ordered Has Not Been Started BAY MINETTE -- A Baldwin County judge has ordered officials from the Alabama Department of Corrections to explain why they have failed to comply with his order to create a drug treatment program for women prisoners that is comparable to the one available to men. But it remains unclear whether a county judge has the authority to do so. "That's not the normal place that you argue these issues," said Baldwin County District Attorney David Whetstone, who suggested that lawyers for the state prison system are likely to contend that the judge cannot order changes to internal programs. Wilters issued his directive in April, when he revoked the probation of Collene Dyas, 40, who tested positive for illegal drugs in February. The judge ordered the Mobile woman to serve her 10-year prison sentence on a 2000 cocaine possession conviction but also gave the Department of Corrections 30 days to offer treatment comparable to the New Outlook Therapeutic Community program available to male pris oners. When that deadline passed without any action from the Corrections Department, defense attorney John Beck filed motions asking that Wilters force state officials to "show cause" why they have not complied with his order and to amend his April probation revocation to allow Dyas to enter a private recovery facility. "We just wanted to get her into treatment," Beck said. Wilters has scheduled a hearing for July 31 and sent subpoenas to Corrections Commissioner Donal Campbell, Ralph Hook, the warden at the St. Clair Correctional Facility, and Wade Wofford, director of the Therapeutic Community program at that prison. Lawyers for the prison system have not yet responded to the subpoena. Brian Corbett, a spokesman for the agency, said he does not know how officials will answer. He did say that funding constraints make it impossible to offer every program at every prison. Corbett said the Tutwiler Prison for Women in Wetumpka, where Dyas was transferred June 18, offers a federally funded drug treatment program that is identical to the Therapeutic Community regimen except that it lasts six months as opposed to a year. Whetstone said Beck's motion to compel the state to comply with Wilters' order probably is not valid from a legal standpoint. "From a moral standpoint, from a right-thing-to-do standpoint, the judge will have to look at that," he said. As far as amending the probation revocation, Whetstone said, he would have to examine Dyas' record to determine whether she posed a risk to the public. If not, he said, "We would probably leave it up to the judge with no great argu ment one way or another." Beck said his client has struggled with drug abuse ever since her husband, Mobile car dealer Stephen Russell Dyas, was gunned down in a triple homicide in 1997. He said Dyas never has received the kind of intensive treatment she needs but is not a violence risk. "The only threat she has ever been to anyone is to herself," he said. Whetstone said a more proper way to force changes in the state prison system is private lawsuits against the Department of Corrections, not directives attached to sentencing orders. "The judges have become frustrated at the lack of programs available for them to utilize. So they try to create them by judicial order," he said. Whetstone said Wilters takes a personal interest in helping defendants beat drug addictions because of his experience as a former assistant district attorney in charge of drug prosecutions. "Judge Wilters' motives are good," Whetstone said. "He saw firsthand as a DA, an FBI agent, a district judge and now a circuit judge the terrible scourge drugs have on families." - --- MAP posted-by: Jay Bergstrom