Update Jan. 13: After our pressure campaign, Aaron was allowed access to a step-down class, providing a path out of segregation and solitary confinement. Thank you to everyone who called and emailed!
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SEE BELOW FOR FULL STORY
Aaron McDonald, #159447, was placed in Disciplinary Segregation (DS, which is solitary confinement) at Indiana State Prison in late August 2018, in retaliation against him and his mother after his mother helped lead a protest against the horribly inhumane conditions in the prison. He was falsely charged with trafficking, as was his mother, and he was sentenced in a kangaroo trial and convicted. He was sentenced to serve a year in DS. He has served more than a year and has not been let off DS, and is facing constant death threats and harassment from guards and gangs on the unit.
Please call the Indiana Governor and IDOC Commissioner’s office, and email IDOC Classification Director Jack Hendrix and IDOC Chief Council Robert Bugher to demand that Aaron be released from solitary confinement!
Governor Holcomb: 317-232-4567
Commissioner’s Office: 317-232-5711 ext. 2, ext. 3, ext. 2
Please leave a voice message with whoever you reach
Email
Chief Counsel Robert Bugher: rbugher@idoc.in.gov
Director of Classification Jack Hendrix: jdhendrix@idoc.in.gov
Script:
“Hello, I am [calling/emailing] to request that you resolve the violations of IDOC Policy and Procedure and due process rights that have resulted in Aaron McDonald #159447 being held in Disciplinary Segregation at Indiana State Prison long past his sentence and after having been approved to return to general population. Mr. McDonald is in fear for his life due to death threats from gangs on the unit, and he has been denied protective custody or any kind of help from guards. Please see to it that Mr. McDonald is immediately released from DS to population, as required by law and policy.”
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Full Story:
Aaron and his mother Leslie were falsely accused of trafficking, targeted for their involvement in protests against the inhumane conditions at Indiana State Prison in summer of 2018. You can read about those protests at these links:
https://www.thenewsdispatch.com/news/article_d623962b-5e40-512f-a4cb-0641fb59cbe5.html
After a year and a half in DS with all positive reviews, and no conduct reports, Aaron McDonald signed to return to population. For a period of months, he waited to be moved to population, all the while being told that there were no beds and he would just have to wait. He was not alone in this predicament; several inmates on that unit had signed to return to population and been told that there were no beds as well.
Then suddenly, without anything having happened, Mr. McDonald was informed that he had been deemed a “threat to the security of the facility,” on the basis of his “failure to adjust.” On a form, the ‘other’ box was checked with a notation of “remain in RH-A per deputy warden” dated on September 27, 2019, which happened to be the last day George Payne maintained that role. On that last day George Payne served as deputy warden, he made an illegal procedural review to stop Mr. McDonald from leaving segregation indicating no possible out date. After many requests and appeals to be provided justification by staff or facility administration as to what has caused Mr. McDonald to suddenly be categorized as a ‘threat to facility security,’ NONE has been provided. No incident of any kind preceded this sudden designation, and Mr. McDonald remains free of conduct reports. At the same time, it seems as if staff are encouraging gang members to threaten Mr. McDonald, and he has received many threats against his life as he is unjustly being held on the same unit where his life is in jeopardy while staff encourages the gangs threats. Mr. McDonald was also denied being placed into protective custody, despite staff being well aware of the threats against his life.
The decision to hold Mr. McDonald on DS without providing any kind of justification is a violation of the IDOC Disciplinary Code for Adult Offenders (02-04-101), which in its basic Policy Statement says,
Disciplinary sanctions for major offenses shall only be imposed after the offender has been afforded due process and a determination of guilt is made. The sanctions imposed shall be given in such measure and degree as to regulate the offender’s behavior and shall be consistent with established guidelines. Disciplinary action shall not be vindictive or retaliatory.
Mr. McDonald has not been afforded any due process in the decision to continue holding him in Disciplinary Segregation after over a year and a half of positive reviews, with the decision already having been made to release him to population. The sanction of continuing to hold Mr. McDonald in DS cannot possibly have the Policy’s desired effect of regulating behavior, as he has not even been informed as to what behavior has caused him to be labeled a ‘threat to facility security.’ How can one regulate one’s behavior without knowing what behaviors are being considered offensive or threatening?
The minimum due process that Mr. McDonald should have been afforded if he is accused of a conduct violation are:
1) At least 24 hours written notice of the charged violation before a disciplinary hearing;
2) The opportunity to have the disciplinary case heard before an impartial decision maker (Hearing Officer);
3) The opportunity to call witnesses and present documentary evidence when consistent with facility safety and security;
4) A written statement by the fact-finder (Hearing Officer) of the evidence relied on and the reasons for the disciplinary action.
Mr. McDonald has been afforded none of the above. The Policy further states that “All instances of disciplinary sanctions, including room restriction, suspension of privileges or other restrictions, shall be logged, dated, and signed by the staff member ordering the sanction(s).” No such documentation has been issued to Mr. McDonald.
Furthermore, if Mr. McDona
ld were truly considered such a ‘threat,’ or that claim had any basis in fact to justify holding him in Restrictive Status Housing prior to a hearing, he should have been provided with State Form 39588. According to the Disciplinary Code for Adult Offenders (02-04-101), section VI,
“Placement in a restrictive status housing unit prior to a determination of guilt or innocence must be approved in writing by the Shift Supervisor or higher authority. State Form 39588, RESTRICTIVE STATUS HOUSING REPORT, shall be used for this purpose. A copy of State Form 39588 is to be given to the offender within 24 hours of admission. The RESTRICTIVE STATUS HOUSING REPORT shall be reviewed by the Superintendent or designee within 72 hours, including weekends and holiday.”
Mr. McDonald has not received a copy of State Form 39588, nor indeed has he received any explanation of any kind, despite multiple inquiries, as to why he is being held in DS after over a year and a half of positive reviews and having already been granted his return to general population.
Given ISP staff and administration’s complete failure to abide by Policy and Procedure in this situation, it seems clear that the extra punishment Mr. McDonald is being subjected to at their hands is retaliatory in nature, which of course is itself a further violation of policy.
