'Blood on their hands': After ACI deaths, advocates push for solitary confinement reform
PROVIDENCE — Advocates rallied Tuesday at the State House pushing for urgent reform following the recent deaths of three men in state custody, two of whom were serving time in disciplinary confinement.
“The three lives lost in the last several months underscore the need for reform. These lives were lost in a publicly managed and operated system, which means the blood is on public hands,” said Rep. Leonela Felix, D-Pawtucket, who is a sponsor of legislation to reform the use of solitary confinement in Rhode Island. “We stand willing and ready to come to the table in order to produce legislation that does everything in our power to prevent the loss of another life on our hands.”
Felix was among those at the rally organized by the Stop Torture Campaign demanding that state lawmakers pass the Solitary Confinement Reform Act. The legislation would limit so-called “restrictive housing” or disciplinary confinement at the Adult Correctional Institutions to scenarios that pose a direct threat to other inmates and staff. Under its terms, the most severe confinement – with 22 hours in a cell each day – would be limited to 15 days. Any time thereafter would be considered "administrative confinement" and be for the shortest period possible, with individuals receiving a minimum of four hours outside their cells each day.
People with mental and physical disabilities; those under 22 or over age 60; and pregnant women could only be placed on administrative confinement under the bill.
Though the measure has been held for further study, advocates were at the State House to lobby state leaders for passage.
Brandon Robinson, manager of the Stop the Torture Campaign, said one of the three men who died, Brian Rodenas, had told corrections officers that he could not bear more time in isolation, only receive another infraction.
“Now the ACI has blood on their hands,” Robinson said.
DOC disputes term 'solitary confinement'
The state Department of Corrections last week revealed that three people had died in its custody, two at the Intake Service Center and one at maximum security. Corrections officials released few details, citing privacy concerns and ongoing investigation by the Rhode Island State Police.
In each case, correctional officers found the inmates unresponsive in their rooms and immediately performed CPR and other life-saving measures as they waited for rescue crews to arrive, corrections spokesman J.R. Ventura said. The men were taken to outside hospitals where they were later pronounced dead.
“In each instance, all indications have been that no other individuals were involved and policy was followed by staff,” Ventura said.
The department is working with outside experts to continue to mitigate suicide risk factors inside secure facilities, he said.
“We believe that every loss of life is a tragedy – and is one too many. Our staff has no higher priority than to keep everyone safe,” Ventura said.
Ventura disputed advocates' use of the term solitary confinement in rallying for change.
“To interchangeably compare Rhode Island’s modern Restrictive Housing protocols with an outdated practice like solitary confinement does great disservice to our state. RIDOC believes that every person, regardless of their status, deserves to be treated humanely, with dignity and respect,” he said.
The state police did not respond to an inquiry by press time Tuesday about the cause of the men’s deaths. The Department of Health referred all questions to the state police.
Rallying for Brian Rodenas, others
Rodenas, 27, of Pawtucket, died in his cell in disciplinary confinement May 2 in the maximum-security unit after a bedtime check by correctional officers, according to Richard Ferruccio, president of the Rhode Island Brotherhood of Correctional Officers. Rodenas was on suicide watch, meaning an officer was looking in on him every half-hour, a doubling of the hourly checks typical inmates get, Ferruccio said last week.
Rodenas’s mother, Elizabeth DePina, said at the State House Tuesday that she had been told that he died by suicide. The family is labeling the death “suspicious” and is having an independent autopsy conducted, she said.
His family refuted characterizations that he spent a “short” time in disciplinary confinement. They say he died after spending months segregated from the population for non-violent infractions, such as hoarding medications and disobeying orders. He was slated to remain in disciplinary confinement through May 18, and had an estimated 12 to 19 months remaining on a 10-year sentence.
Rodenas’s family provided a letter he sent in March where he looked forward to his release date. “I’m still coming home next year, that is my promise to you. 2024 will be my year,” he wrote.
DePina said she could not believe her son would die by suicide and cause her such pain when he had such a “good” heart and worried for her well-being.
Rodenas’s obituary describes him as “an advocate for sexually abused children” whose wish was to raise awareness and help prevent future occurrences.
Dana Thomas Leyland, 39, died April 19 at Rhode Island Hospital after being found unresponsive at the Intake Service Center where he was awaiting sentencing on a drug offense.
A lifelong Pawtucket resident and cook, Leyland was a beloved brother, son and uncle with an infectious personality and a great sense of humor, according to his obituary.
A third unidentified man also died by suicide at the Intake Service Center.
ACLU, rally organizers call for more transparency
“It’s not blood on the ACI’s hands. It’s blood on our hands,” state Sen. Jonathon Acosta said in imploring legislators to take action.
Steven Brown, executive director of the state affiliate of the American Civil Liberties Union, said in an email that he couldn’t “think of any reason, much less a compelling one” for the department to withhold the names of individuals who have died in their custody after the next of kin have been notified.
“To the contrary, I think public disclosure is absolutely essential and outweighs any possible privacy interest of the decedent. After all, the names of everybody at the ACI is on the DOC's own website. It's an egregious attempt to avoid accountability under these circumstances,” Brown said.
Brown made similar arguments that releasing information on disciplinary actions is not an unwarranted invasion of privacy under the circumstances. He noted that Ferruccio had previously publicized the disciplinary records of some individuals at legislative hearings on the solitary confinement bills.
Organizers of Tuesday’s rally also called for transparency.
“The RIDOC has failed in its most basic mission to prevent harm to inmates, and it is imperative that they provide details of these deaths to the public and the state assembly,” they said.
The United Nations has condemned the use of long-term solitary confinement as cruel, inhumane and contrary to rehabilitation. President Barack Obama banned isolating juveniles and low-level offenders in federal prisons.
Help is available
People experiencing mental health-related distress should call 988, the nation's new three-digit suicide-prevention and mental-health crisis phone number. If someone is in immediate danger, call 911. Other resources include:
The Samaritans of Rhode Island: (401) 272-4044 or (800) 365-4044. Website: samaritansri.org
The National Suicide Prevention Lifeline: (800) 273-TALK, or (800) 273-8255
988 Suicide & Crisis Lifeline—Call 988 if you or someone you know is struggling or in crisis.
Crisis Text Line - Text HOME to 741741 from anywhere in the USA, anytime, about any type of crisis.
National Suicide Prevention Lifeline (800) 273-TALK: (800) 273-8255
This article originally appeared on The Providence Journal: ACI RI deaths prompt calls to end solitary confinement
