Previous: First Amend This!: An IDOC Newsletter, 3.21.20
WELCOME to the April edition of First Amend This!: An IDOC Newsletter that addresses Idaho Corrections concerns.
Brought to you by the Captive Perspective and made available at bookofirving82431.com.
This publication provides an insider’s look at issues affecting the Idaho Department of Correction’s community. If you wish to assist this effort, share the link, cut and paste, or print and send a copy to another.
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Out Mission: To better develop our current state of Corrections.
The Idaho Legislature shares our mission and welcomes your comments! Feel free to send them your thoughts, attached to a copy of this publication.
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INCREASE IN RECIDIVISM LIKELY
Over 17,000 offenders, now facing unemployment, hunger and homelessness can expect additional problems with Probation and Parole, as complying with both requires more than an effort: Housing, transportation, and flexible work schedules are just some of the factors that need to be steady. And where finding employment as a felon is difficult, the difficulty increases for those on supervision — and increases again with rates of high unemployment.
Because the Department allows Probation and Parole Officers to interrupt one’s work with a beckoning call, supervisees, expected to report immediately for random drug testing and interrogations, seldom find employers sympathetic to their unscheduled absences. And rightfully so, as the nuisance stands out among reliably attendant applicants.
Should an offender get fired from a job for leaving to report, they risk violation when reporting for failure to stay employed. The same violation can come from seasonal layoffs or business closures during an economic depression: Failure to keep a job equals parole non-compliance. Period.
Businesses still open, now flooded with new-hire options of people in the community who haven’t offended against it, may understandably lean towards non-offender struggles. And with recently stable offenders joining the populace economically challenged, what should we have them expect?
And the people soon to leave prison?
What’s the plan for he or she who is unable to pay for a urine analysis with the monthly Cost of Supervision? What’s the message for those with violation anxiety when it’s time to report? Because not reporting is a sure ticket back, and an offender on the run has dramatic potential.
With post traumatic stress from previous incarcerations, offenders faced with the potential of new incarceration during their family’s time of crisis require a level of understanding and outreach that considers therapeutic digressions.
Governor Little recently announced funding for crises centers that would offer support for high-risk-potential recidivists. But it’s unclear how far that funding will carry as a surplus of factors increasingly add stress to the system. What is clear is that the Office of Performance Evaluations recently announced that when violations weren’t increasing, recidivism was — among talk of already building a new prison, before the coronavirus was ever a thing.
What should the community expect of its felons?
Does it expect them to sit around suffering when they’re well-versed in creating economies that offer opportunity? Just how much education and training did the community offer them in prison, versus time to network with criminals and add moves to their game?
When the dust finally settles, and two more $500,000,000 prisons are required to contain the survivors that did their best on their own, we may have a chance to see what could have been saved, had we offered them armor that was hard-times-resistant.
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GOVERNOR LITTLE NOT INTERESTED IN COMPASSIONATE RELEASES
Non-violent, older offenders, facing elevated coronavirus risks will not be considered for release at this time.
We recommend that you fill out the paperwork anyway. They may reconsider when things start to get worse.
If you experience health issues or are denied adequate care, please reference our Special Alert: Coronavirus Emergency issue for a list of healthcare policies that apply to you.
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NEW WARDENS — ALLEGEDLY
Rumors of new wardens may not be rumors. Warden Davis has stepped in for Warden Yordy at IMSI, after rumors began last month that three wardens were scheduled to retire in April. IMSI staff has indicated that Wardens Christensen and Ramirez, from ISCC and ISCI, are also leaving — fueling speculation over new directions the Department may be taking.
We welcome Warden Davis to IMSI.
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FIRST AMEND THIS! WINS BATTLE OVER MAIL RESTRICTIONS
Limits are no longer allowed to be placed on 6×9 envelopes, following Grievance Number 200000050. Or so they say…
Despite Level One Responder Sonia Herrera’s interpreting the numerical value “30” to represent “an unlimited amount” when placed next to “envelopes,” Mr. Gary Hartgrove was able to read the property policy as one that doesn’t restrict orders on envelopes of the 6×9 size.
However, when FAT’s order arrived last week, it was short of envelopes entirely. And where, in the past, limits grieved were placed at 20, this week’s limits were placed at 21. Flagged as an act of staff antagonizing the exercise of constitutional rights, Chief of Prisons Chad Page and Keefe Contract Monitor Juliet McKay were notified the behavior is unacceptable.
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Unfortunately, after this issue went to press, Juliet McKay ignored Deputy Warden Hartgrove’s ruling in her response: “Please see SOP 320.02.01.001, pg. 5 of the property matrix — envelopes 20.”
To which we let Juliet know, one more time: “Page 5, Property Limits, SOP 320.02.01.001, to which you referred me to, only limits stamped envelopes, not 6×9 non-stamped or manillas, as grievance IM 200000050, to which I referred you to, clearly acknowledged when granted in my favor. Had you taken time to view Gary Hartgrove’s response as requested, you would have seen this. To be clear: IDOC policy will never trump the Constitution, and limiting the ability to contact press, government officials and legal counsel is a no-no.”
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WARDEN YORDY BUSTED OBSTRUCTING INVESTIGATION OF STAFF MISCONDUCT
Grievance IM 200000050 provides new examples of a problem highlighted in our December issue: Staff preventing allegations of employee misconduct from reaching IDOC’s Special Investigations Unit.
In our March issue we discussed two separate grievances: Grievance One addressed limitations placed on mailing materials, Two addressed our editor being alone in experiencing the limits — as an act of retaliation meant to hinder presenting IDOC issues.
Despite clarifications separating the issues, and a substantial amount of documentation premising the allegation, Grievance Two, filed 2-25-20, was returned unprocessed, and said to be too similar to Grievance One — with Warden Yordy’s instructions that the second issue be presented in Grievance One’s appeal.
This is the appeal and its response:
OFFENDER APPEAL
Please refer to Grievance IM 190000181 — Sgt. Trobock obstructing my mail flow: Barlow-Hust implies Keefe will be instructed to impose limits. They were first imposed around this time. They have also been lifted and reinstated several times since, depending on the previous weeks mail flow. Receipts 1315413, 1321764, 1321924, 1327205, and 1327297 indicate this is an ongoing, discriminatory practice [because other offenders’ orders were not limited at all]. Because I was denied the ability to file a separate grievance stating this an act of retaliation — after uncovering new information — I ask this appeal be forwarded to SIU, in accordance with [policy] 150.01.01.006 [Administrative Investigations], to be investigated as staff retaliation. This based off the fact that metering mail takes more work.
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After denying staff misconduct its grievance process, and recommending instead to use the appeal, Warden Yordy responded to the appeal with this:
LEVEL 3 APPELLATE RESPONSE — Warden Yordy
This has become two grievances. Your first solution is for Keefe and the facility to stop putting restrictions on the number of 6×9 envelopes you can purchase. We have reached out to Keefe and asked them not to limit those. On your appeal, you add new information, additional grievances and allege retaliation, wanting this issue referred to SIU. We have provided an appropriate answer on your original grievance and are not going to refer this for investigation.
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Realizing Warden Yordy had expired the time to file Grievance Two by instructing its submission as Grievance One’s appeal, this letter was sent to the Department’s main office:
3-24-20
Dear Nicole Fraser [Special Investigations Unit]:
My ability to file a grievance for staff misconduct has been obstructed, again. I recently filed grievances regarding two separate issues. One, limits placed on stationery used to contact media, legislators and legal advocates. Two, that I was only inmate these limits had been placed upon. The second grievance was returned unprocessed — stated as too similar to the first — with a note suggesting my concern of being singled-out would be heard if presented in Grievance One’s appeal.
In using the appeal as suggested, the appellate response stated the concern was an issue for a separate grievance — with the filing period having by then expired. I’ve been addressing the difficulty offenders have holding staff accountable for almost a year now, using every administrative option available. You were notified when my troubles began, and you told me to utilize the grievance system then. What is your recommendation knowing that almost a year later, staff continue to obstruct SIU from investigating misconduct?
Patrick Irving 82431
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A similar message, sent via concern, requesting Grievance Two be reconsidered was met receptively by IMSI’s grievance officer, and then approved by Warden Davis. But since the Prison Litigation Reform Act considers a grievance obstructed to be a grievance exhausted — which litigating complaints as a prisoner requires — this more inclusive grievance was submitted in its place:
Grievance, 3-25-20 [Number Unknown]
THE PROBLEM IS
I’m facing continued retaliation for publicly presenting group issues: Limits were placed on my ability to contact media, legislators and legal advocates, and then I was denied the ability to grieve why the act occurred — despite presenting documentation that illustrates how I was singled-out at staff’s direction. This is not the first time an allegation of employee misconduct has been obstructed from investigation following my attempts to address it. Took place 2-25-20, 3-04-20
I HAVE TRIED TO SOLVE THIS PROBLEM INFORMALLY BY
Concern Forms, Grievance from 2-25-20, Grievances IM 190000181, IM 190000216, II 190000578, IM 190000484, IM 200000050, II 190000285
[Will soon be made available. With a link]
I SUGGEST THE FOLLOWING SOLUTION FOR THE PROBLEM
Stop retaliating against me for presenting group issues. Refer this matter to SIU per policy 150.01.01.006, to consider all references included. Retrain staff and adjust policies as needed.
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We’ll have more on this story as it develops.
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VIEW OTHER FAT! BATTLES
These Book of Irving links are certified “fresh”:
Battle For Dish Soap At Eagle Pass
IDOC Now Hiring: Alchemist Wizards Wanted
Litigation Interests? Please View
FAT! December
FAT! January
FAT! February
FAT! March
Breaking News: IDOC Censors Local News Coverage — Leaving Inmates to Wonder, Is Director Josh Tewalt the Angel of Death?
FAT! Special Alert: Coronavirus Emergency
FAT! 3.21.20
Excessive Use of Tort, #4
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HORRORSCOPE
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THE BOOK OF IRVING PREDICTS
Nine months
Unemployed
Depression
Again
The same
Local municipalities
Cling to the States
Away swim the Feds
Both drowning
A new wave of babies
Nine months
The lonely and bored
Have imbibed
Come will they next
And be them all Boomers
Continuous cycles
Of nine.
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Interpretation: You’re a naughty bunch.
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A MESSAGE FROM THE DIRECTOR
03/26/2020
Following the guidance of Idaho’s public health experts, Governor Brad Little issued a statewide stay-home order today for all Idahoans. The order directs all residents of Idaho to self-isolate and stay and work from home as much as possible — unless they work in healthcare, public safety or an identified essential business. The stay home order is in effect until April 15th.
Here’s what this means for IDOC and you:
We’re extending the closure of visiting and volunteer services through April 15th. I know that sucks, but the Governor issued the stay-home order because there is evidence of community spread of COVID-19. That basically means they can’t trace the origins to travel or a specific exposure from outside the area. Long story short, our best bet at keeping people safe and not overwhelming the healthcare system is to try to slow the spread as much as possible. We’re going to keep doing everything we can to try to increase opportunities and ways for you to connect to your friends and family.
We’re taking extra precautionary steps to try to keep you safe. First, we’re continuing to do medical screening for everyone entering our facilities. This health emergency will approach us from the outside, and we need to do everything possible to protect our front door. We’re also screening everyone coming into our system from counties BEFORE they get on state transport. If we’re unsuccessful at keeping it out of our front door, we’re building in additional layers to protect the most vulnerable of our population. Each facility has identified those most at risk of severe adverse medical consequences and either have or will be moving them to special housing to provide an extra layer of protection. Those moves should be completed by Friday.
I’ve heard a number of rumors especially in the last couple days. I wanted to clear up some things and hope you’ll help me spread the word. We have not had any people in our system test positive for COVID-19. As of this evening, we’ve submitted 8 samples for testing and all have come back negative. We’re going to be as aggressive as possible at isolating anyone who is exhibiting flu-like symptoms so we can minimize exposure to others and get tests submitted. I know word can spread fast when someone is isolated, but we do that for your safety and we’ll be just as quick to ease restrictions when we get the all clear. Because COVID-19 presents with symptoms associated with influenza, we’re going to treat everything as worst-case scenario until we can confirm otherwise. I promise all of you that if someone tests positive in our facilities, you will not hear it from staff, medical, your family, friends or see it in the news BEFORE you hear it from me.
I also heard yesterday that a rumor is spreading that we brought 40 people into our system from Blaine County and no medical screening took place for the alleged transport. Both are completely untrue. Not only have we not done a mass movement from Blaine County, but everyone getting on transport gets screened. Given that Blaine County has been under a Shelter in place order, any movement from there would require extra considerations. Long story short, it didn’t happen nor would we allow it to happen.
Please tell your family members to check our social media pages for updates. We also have been posting my daily messages to staff on the external website if they’re looking for more information.
I’m not going to sugarcoat it: It’s likely to get worse before things get better and we need to think of this as a marathon and not a sprint. I hope you know how seriously we’re taking this public health emergency and how much we genuinely care about your well-being. Thank you for all you’re doing to keep your living a common areas clean. We’re all in this together. Take care yourself and keep looking out for each other.
Thanks-
Josh
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Thank YOU, Josh. This one’s for you:
“Domino (feat. Fitz)”
— ZZ Ward
Next: First Amend This!: An IDOC Newsletter Coronavirus Alert 4.5.20