HALFWAY HOUSE BED SHORTAGE CONCEDED

D.C. VIOLATES COURT ORDER, OFFICIAL SAYS

The District's acting corrections director conceded yesterday that the city is "indisputably" in violation of a 1985 court order to increase halfway house capacity, but said city officials had an undisclosed plan about where to put additional halfway house beds.

On Thursday, U.S. District Judge William B. Bryant held Mayor Marion Barry and Acting Corrections Director Hallem H. Williams Jr. in contempt of court and fined them $50,000 for failing to comply with certain provisions of the order, including increasing halfway house capacity, speeding the processing of parole applications, and requesting reductions in the minimum sentences of some inmates.

Responding to Bryant's action, Williams said that the city -- other than the halfway house problem -- generally either is now in compliance or will be able to resolve the problems within new deadlines set by the judge.

"Other than not having the halfway house beds, my contention is we're in compliance with the letter and intent of the judge's order," he said. "On the matter of halfway house beds, the judge is not ordering us to have those beds at any particular point but to report to him in May and July on the progress we have made in achieving those objectives."

Bryant said Barry and Williams must pay the $50,000 fine -- which comes out of city funds -- within 60 days unless they are able to "produce adequate documentation to verify their compliance."

Although city officials were ordered to increase halfway house capacity to 736 beds by last Sept. 30, the city now has 522 beds.

"It's an irrefutable fact . . . that we are not in compliance," Williams said. He said that although the city "has every commitment to abide by the letter and spirit" of the order, "we are attempting to do so in an environment which doesn't have the community rushing to embrace the notion of halfway houses."

However, Williams said, "We've got a plan. We've got options and locations . . . . I'm not going to discuss specific addresses because that dooms my plan to failure." Bryant's order would permit the city to submit its proposals under seal.

Williams said the city had "shared specific addresses" with Bryant and the lawyers for the inmates last month.

"It's not a nebulous, undefined plan that the mayor has cooked up in his mind," Williams said.

But J. Patrick Hickey, a lawyer for the inmates who filed the lawsuit 16 years ago, said, "I wouldn't describe what we've been informed of as a secret plan . . . . I don't think they have specific sites in mind.

"I think they've got lots of, quote, ideas."

He said that the original order requiring the city to have the halfway house beds by Sept. 30 still is in effect, adding, "You ask Mr. Williams when he's going to have the beds and see if he gives you the dates and the number."

In addition to the halfway house issue, Bryant said the city had violated parts of the order requiring it to process prisoners' parole applications at least 10 days before their parole eligibility date, to request reductions in the minimum sentences of some inmates, to implement a comprehensive mental health program and to design and implement a classification system for all inmates.

Williams conceded some lapses in the past but said the city was now fully up to speed on parole applications, had 14 sentence reduction requests pending as of this month, had a fully staffed mental health program and was in the process of completing a proposed classification system that would handle inmates awaiting trial.

Hickey, however, described the system to identify those eligible for parole as a "complete shambles," and disputed Williams on most of the other points.

"All they want to do is make excuses and point out how they've got secret plans and they're trying things," he said.

"They will not face up to and deal with the real problem. If you want to know why a judge as patient as Judge Bryant is has held them in contempt, that might give you some idea of it," he said.

Williams responded, "While this is a serious matter, the walls of Jericho aren't about to come down.

"We're going to continue to operate this system in an efficient and effective fashion."

Articles appear as they were originally printed in The Washington Post and may not include subsequent corrections.