NOBLE CAUSE OR VIOLATION OF CIVIL RIGHTS?

ADELANTO - A Bakersfield company hoping to build a private prison in Paso
Robles has come under fire from inmates and civil rights experts for
offering incentives such as bigger television sets to prisoners who take
part in a religion-based rehabilitation program.

A complaint signed by 50 prisoners against Maranatha Private Corrections
has led to a California Department of Corrections review, according to
Margot Bach, a public information officer from the department.

The petition has also caught the attention of civil rights advocates, who
say the arrangement may violate the First Amendment rights of prisoners who
opt not to participate in the so-called "New Start" program at the prison.

The prison is owned by Terry Moreland, a devout member of the Seventh-day
Adventist Church. Inmates who agree to attend the religious gathering of
their choice three times a week and eat a strict vegetarian diet qualify
for a variety of special privileges.

Those privileges include bigger televisions, classes on topics such as
anger management, access to free cosmetic dentistry and special job
opportunities in the prison bakery and print shop. They also get help
sending monthly videotapes to their families.

Bach said the Department of Corrections review hinges not on the religious
aspect of the New Start program, since it includes several faiths and
denominations, but on the difference in treatment of inmates at the prison.

"We want to see that inmates are receiving fair and equal treatment
regardless of their religion," Bach said. "The department's policy is to
not treat inmates differently unless they are in a separate unit. There
should be no additional privileges based on the fact that they participate
in a program."

Bach could not give details or a time frame for the review.

Santa Monica civil rights attorney Jeffrey Paris said the situation could
create a legal problem because the prison is serving in the delegated
capacity of the state.

The state has 16 community correctional facilities, seven operated by
cities or counties and the balance by private companies.

"To me that appears to be a violation of First Amendment rights under the
church-state establishment clause," Paris said.

But Lee Cribb, Maranatha's director of operations, defends the program and
its benefits, saying the prison was opened by Moreland as a missionary
effort, that inmates are given the choice to enter the program, and that
Moreland pays for the entire program from his own pocket.

Prisoners who do not participate are still provided with Department of
Correction-mandated care, Cribb said.

Efforts to reach Moreland for comment were not successful.

"The prison is owned by a Seventh-day Adventist, but it is not a church
investment," Cribb said. "The state pays for the food, clothing and
utilities, but the Bible studies, cosmetic surgery, printing, bakery and
all that are supported by Terry Moreland's funding. We keep state and
religion separated that way."

In the midst of the controversy, Maranatha continues to pursue Paso Robles
as a possible site for another private prison. The company approached the
City Council in August with the proposal, and representatives will visit
Monday for a public information meeting.

Cribb said New Start is a pilot program that may or may not be used at the
company's new prisons. But he supports the program, which has run since the
Adelanto prison opened in February, saying it helps inmates find a
different perspective on life and changes their view of prison from
incarceration to rehabilitation.

"I think it has a lot to do with the faith concept," Cribb said. "If people
have something to believe in and look forward to, they have an outlook on
life others don't."

That new outlook improves nearly every aspect of serving time, according to
David Patkins, a 33-year-old New Start inmate.

"I'm not real religious, but they just want to give everyone a chance to
find another way," Patkins said. "I take anger management courses, and I
have learned that you have to be the one to use it yourself."

Joseph Tipp, 27, an inmate from Orange County, echoed Patkins' outlook,
saying the attitude of inmates in the program translates to more positive
feedback from the prison staff.

"It's much more mellow," said Tipp, who is serving the last six months of
his sentence for transporting illegal drugs. "There is much more respect.
The staff respects us much more as a person than a number."

Patkins, who is serving the last six months of a parole violation sentence,
said the religious aspect of the program is important.

"You're definitely treated differently here than at other facilities," he
said. "I think the religion makes the difference in how you are looked at."

About 60 percent of the Adelanto prison's 550 inmates take part in the
program, and Cribb hopes to see that number increase.

"We think eventually this institution will be entirely this program," Cribb
said. "We recently got approval to double-cell one dorm to handle program
overflow."

Cribb said nearby organizations of all denominations and religions come to
the prison to lead the religious study groups, so that inmates are not
pressured into one belief.

"We have tried to do some things to correct perceptions," Cribb said. "We
are working to educate employees, and we have sent out more letters to let
local religious organizations know that we want their involvement.

But not all are happy with the results, in or out of the program. Albert
Padilla, a 28-year-old professed satanist from Riverside who is enrolled in
the New Start program, said prison officials lure inmates with bonuses,
then ] try to force religion on them.

"They make it look good," said Padilla, serving time for a parole
violation. "There is still encouragement for people to do this."

Padilla's sentiments were echoed in September in the inmates' petition to
the state. Outside experts say the inmates have cause for concern.

Elizabeth Schroeder, associate director for the ACLU's Southern California
chapter, said inmates should not be punished for declining to participate
in religious services.

"The fact that a private group is running a prison and taking over a state
function means the group must adhere to the same constitutional principles
as the state," Schroeder said.

Bach agreed, saying all private prisons in California are contracted
through the state Department of Corrections and must stick to prisoner care
guidelines outlined in the state penal code.

Paris, the Santa Monica civil rights lawyer, said the ability to bypass a
person's constitutional rights in this way could lead to similar
constitutional violations in other settings.

"The whole thing is even more pernicious because it is happening in the
context of people that are confined," he said. "It's the same thing as
Supreme Court cases about prayer in schools. Yes, you can choose not to
pray, but the context is unfree and coerced."

Checked-by: Joel W. Johnson