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Prison and Jail Innovation Lab
presents
Deaths in Custody
November 14-16, 2024
LBJ School of Public Affairs
Bass Lecture Hall
THURSDAY, NOVEMBER 14
4:30 pm Registration table opens
Guests are invited to gather and socialize
5:15 Welcoming Remarks
Dean JR DeShazo, Lyndon B. Johnson School of Public Affairs
Michele Deitch, Director, Prison and Jail Innovation Lab
5:30-6:30 EVENING KEYNOTE (Open to the public)
Andrea Armstrong: “Lessons from Deaths Behind Bars”
Dr. Norman C. Francis Distinguished Professor of Law, Loyola University New Orleans College of Law, Director of IncarcerationTransparency.com, and 2023 MacArthur “Genius” Fellow
6:30 Closing Remarks
FRIDAY, NOVEMBER 15 (DAY ONE)
8:15 Registration opens
8:15 – 9:00 Breakfast (provided) LBJ School Lobby
9:00 – 9:15 am Welcome and Introductory Comments
Michele Deitch, Director, Prison and Jail Innovation Lab
9:15 – 10:45 am SESSION 1: Data Transparency about Deaths in Confinement: How can we ensure accuracy and completeness in the reporting of deaths in custody?
While the federal Deaths in Custody Reporting Act (DCRA) requires the U.S. Department of Justice to collect and report data from states, localities, and federal agencies about all deaths in detention settings, the information reported is incomplete and unverifiable, and much of the collected information is inaccessible. Despite the critical importance of this data, we simply do not know how many people are dying in custody, who they are, and why they died. This is a moral travesty and a missed opportunity to gather information that can help prevent future deaths. This panel will examine issues related to state, local, and federal data reporting of deaths in custody, as well as independent efforts by researchers to fill gaps in the information we have available and to make that information more transparent for the public.
Moderator: Prof. Andrea Armstrong, Loyola University New Orleans College of Law/ IncarcerationTransparency.org
Prof. Jay Aronson (Carnegie Mellon Univ./ co-author, Death in Custody)
Prof. Sharon Dolovich (UCLA Law/Behind Bars Data Project)
Prof. Terence Keel (UCLA BioCritical Studies Lab's In-Custody Deaths Project)
Prof. Madalyn Wasilczuk (Univ. of S. Carolina Law/ IncarcerationTransparency.org-South Carolina
Eva Ruth Moravec (Texas Justice Initiative)
Brittany Hailer (The Marshall Project)
10:45 – 11:00 am Coffee Break
11:00 am – 12:30 pm SESSION 2: Why are People Dying in Prisons and Jails?
Deaths in custody may be seen as a window into conditions of confinement, so understanding why people are dying is a critical form of correctional oversight. What are the leading causes of death in prisons and in jails? Should we be less concerned about so-called “natural deaths,” which usually do not get investigated? What can medical deaths (deaths from a known medical condition) tell us about the quality of health care behind bars? How do mental health issues and solitary confinement impact a person’s risk of suicide? How prevalent are violent deaths and deaths due to overdoses and access to contraband? And how does incarceration impact mortality rates in a community? This panel will explore how researchers, court monitors, and oversight bodies have analyzed the available data to better understand whether—and which—deaths in custody are preventable. Speakers will also discuss how this information can be used to guide policy responses and operational changes.
Moderator: Michele Deitch, Prison and Jail Innovation Lab
Jan Hamm (Chief Inspector, US Dept. of Justice, Office of the Inspector General)
Dr. Homer Venters (former Medical Director, NYC Jails; court monitor; author, Life and Death in Rikers Island)
Jolie McCullough (The New York Times; former researcher, Prison and Jail Innovation Lab study of “natural deaths” in Texas prisons and jails)
Katie Rose Quandt (Solitary Watch; author of article on suicide watch)
Sandhya Kajeepeta (Senior Researcher, LDF’s Thurgood Marshall Institute; author of study on incarceration and community mortality)
12:30 – 1:30 pm Lunch (provided) LBJ School Lobby
1:30 – 3:00 pm SESSION 3: Media Reporting on Deaths in Custody: Lightning talks by journalists about their investigations of deaths in custody and their challenges in reporting these stories
Each of these journalists—representing a wide range of media outlets in a sampling of jurisdictions—has conducted an in-depth and powerful investigation of large numbers of deaths in custody. Each has done a deep dive into years of data and has interviewed family members of those who have died, making their stories rich with both heart-wrenching narratives and groundbreaking data analyses. In many jurisdictions, these media analyses provide the only glimpse the public gets into the deadly conditions behind bars. The focus of the stories varies tremendously from place to place, from medical deaths to suicides to the lack of mental health treatment to violence, and yet common themes emerge from their investigations. This session—a collection of lightning talks—will highlight the reporters’ key findings, their challenges in gathering the information, what they wanted readers to take away from their reporting, and any impact from their work.
Moderator: Ethan Corey (The Appeal)
Jimmy Jenkins (Arizona Republic)
“Dying in the Dark: Investigation finds “astronomical” death rate in Maricopa County jails”
Aviva Stahl (Guardian/independent investigative reporter)-
‘He was a human being’: US prisoners are dying from treatable conditions (NJ prisons)
Laura Bischoff (Cincinnati Enquirer/USA Today Network)
“Dying Behind Bars: At least 220 people died in Ohio jails over 4 years”
Carrie Teegardin (Atlanta Journal Constitution)
“Deaths at record level in Georgia state prisons as crisis deepens”
Nigel Duara (CalMatters)
“Locked Up and Dying” (CA jails)
Carlos Ballesteros (Injustice Watch—Chicago)
“Dying on Dart’s Watch” (Cook County, IL jail)
Lauren McGaughy (KUT/Texas Newsroom/NPR)
“An inmate’s body temp was 107.5 when he died. The state of Texas says heat did not kill him.” (TX prisons)
3:00 – 3:15 pm Break
3:15 – 4:45 pm SESSION 4: Investigating Deaths in Custody: Who should do it and how should it be done?
When a person dies in custody, what agency or agencies should play a role in investigating the death? Should the corrections agency where the death occurred play any role in the investigation? What does it mean to “investigate” a death in custody? Should an investigation go deeper than assessing the cause of death? Should investigations be seeking to assess blame, find operational issues, or identify systemic problems? What role can or should an independent oversight body play in reviewing deaths in custody? Should post-mortality reviews be conducted by medical personnel? Who should review deaths at a systemic level and derive lessons that can help prevent future deaths?
Moderator: David Fathi (ACLU National Prison Project)
Roger Mitchell (former Chief Medical Examiner for Washington, DC, and co-author, Death in Custody)
Kate Eves(former Head of Suicide and Homicide Investigations for the UK's Prisons & Probation Ombudsman; chair of inquest into abuse in UK immigrant detention facility)
Paul Parker(former Executive Officer, San Diego County Citizens’ Law Enforcement Review Board (CLERB), and experienced deaths investigator)
Marc Stern(Court Monitor, Arizona prison health care/ former Medical Director, Washington State prison system)
Dean Williams (former Corrections Director for Colorado and Alaska)
4:45 – 5:00 pm END OF DAY 1 REMARKS
5:00 – 6:00 pm Reception (light refreshments) LBJ School lobby and breezeway
Dinner on your own
SATURDAY, NOVEMBER 16 (DAY TWO)
8:15 – 9:00 am Breakfast
9:00—9:30am MORNING KEYNOTE
Speaker Introduction: Mercedes Montagne
Linda Franks: “Fighting for Truth and Justice”
Former Executive Director and Founder, Fair Fight Initiative; Founder, Lamar A Johnson Community Project; Co-Founder, East Baton Rouge Parish Prison Reform Coalition
9:30 – 11:00 am SESSION 5: The Ripple Effects of Deaths in Custody and Secondary Trauma
The deaths of people in prisons and jails have an enormous impact beyond the lives lost. Family members are left reeling and often have little information about how or why their loved one died. Other incarcerated people may have lost a friend or witnessed a traumatic event. Some incarcerated people volunteer as hospice workers within the prison and witness death on a regular basis. Staff members may suffer secondary trauma from being unable to prevent a suicide or from witnessing a violent episode, while others may find themselves investigated or disciplined for activities that contributed to a death. How can correctional agencies best respond to the needs of those who have experienced secondary trauma? How can we ensure that families and loved ones are treated with dignity and respect in the wake of deaths in custody?
Moderator: Alycia Welch, Prison and Jail Innovation Lab
Krishnaveni Gundu (Texas Jail Project)
Sarah Knight (impacted family member)
Esteban Hernandez (counselor with lived experience in prison)
David Garlock (former hospice worker in prison)
Andy Potter (One Voice United; former correctional officer)
11:00 – 11:15 am Coffee Break
11:15 am – 12:45 pm SESSION 6: Prevention through Operational Changes and Policy Reforms
The primary goal of investigating and analyzing deaths in custody should be to prevent future deaths, but what strategies can help reduce the number of deaths behind bars? What can corrections officials and policymakers do—through either operational changes or policy measures—to ensure that people are safe in prisons and jails? What roles can other system stakeholders play in preventing these tragedies? Panelists will discuss suicide prevention strategies, ways to improve the delivery and quality of correctional health care, and expanded use of compassionate release, as well as the need to improve conditions and institutional culture, reduce the use of solitary confinement, and depopulate prisons and jails.
Moderator: Kate Eves (former Head of Suicide and Homicide Investigations for the UK's Prisons & Probation Ombudsman; chair of inquest into abuse in UK immigrant detention facility)
Sharen Barboza (Psychologist and court-appointed correctional mental health expert)
Marc Stern(Court Monitor, Arizona prison health care/ former Medical Director, Washington State prison system)
Alyssa Gordon (ACLU National Prison Project’s Aging Behind Bars Project)
Jessica Sandoval (Unlock the Box Campaign)
Clinique Chapman (Vera Institute’s Restoring Promise Initiative)
12:45 – 1:00 CLOSING REMARKS AND TRANSITION TO WORKSHOPS
Hernandez Stroud (Brennan Center for Justice)
Michele Deitch (Prison and Jail Innovation Lab)
1:00 – 1:30 pm Lunch (box lunches provided—can bring them into workshops)
1:30 – 3:00 pm BREAKOUT DISCUSSIONS AND WORKSHOPS
Session A: Improving Transparency: Developing and Using Public Databases — BASS LECTURE HALL (Main session hall)
Facilitators: Madalyn Wasilczuk/ Brittany Hailer/ Ilica Mahajan
Session B: The Role of Oversight Bodies in Investigating, Tracking, and Preventing Deaths in Custody—LEVEL 2 (one up from Lobby level) CLASSROOM 3.214
Facilitators: Sumeet Sharma/ Jennifer Vollen-Katz/ Christin Johnson
Session C: Using Deaths in Custody as a Starting Point for Addressing Conditions Issues—LEVEL 2 (one up from Lobby level) CLASSROOM 3.212
Facilitators: Aaron Littman/ Tom Innes
Session D: Media Reporting on Deaths in Custody: Tips and Tricks — CLASSROOM B10 (Downstairs next to the main lecture hall, to the left as you come down the stairs)
Facilitators: Jimmy Jenkins/ Kelly Davis
Session E: Litigating Deaths in Custody —LEVEL 2 (one up from Lobby level) CLASSROOM 3.216
Facilitators: Mercedes Montagnes/ Margot Mendelson
This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 8.75 credit hours, of which 0.50 credit hours will apply to legal ethics/professional responsibility credit.
The University of Texas School of Law is a State Bar of California approved MCLE provider (#1944), an Oklahoma Bar Association MCLE presumptively approved provider (#169), and a Pennsylvania Accredited Provider. Approved hours may vary by jurisdiction.
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