Previous: First Amend This! Bulletin: Staff Assault Inmate At IMSI 7.17.20
Welcome to The First Censored Issue [August] 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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Our 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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EDITOR’S NOTE
Thank you to the Department employees who responded to July’s issue, and to the Idaho Legislators and members of press that continue to check in on us. That some of you have been doing extra reading and offering feedback is very much appreciated.
This issue’s two leading articles, written to discuss unnecessary violence and appeal for intervention, were censored by the Department on multiple occasions. A third article reporting felony sex charges and inappropriate conduct of staff was also censored. All for reasons stated that we find ourselves questioning. Thus we’d appreciate your thoughts on the articles as to how they “encourage violence” or “contain information related to the crime or identity of another offender.”
We still maintain the position that the Universe favors both peaceful responses AND diligent inquiries, and that the best weapons are the questions that come with phone calls.
We also find it disheartening to be accused of spreading disinformation throughout our prisons, as we are careful to illustrate our concerns using Department documents. When we can’t point to documents, we note it, as we do in August’s first article.
In addition: This publication is produced online as a reference for department employees, media, legislators, and advocates. Inmates don’t have direct access to it and our only reporter is in Solitary Confinement. Thus we suggest that any information being vetted through him is likely already coursing these prisons.
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ASSAULTS ON STAFF APPEAR TO BE INCREASING
With the inability to access department reports, our publication relies on objective observations, subjective interpretations, and paperwork we collect to cultivate our concerns. And while we’re generally able to navigate the long and arduous processes required to procure supporting documents, sometimes matters are uncomfortably imminent, requiring whatever presentation best gives a sense of urgency…
“In my 25 years of frequenting [the Restricted Housing Unit], I’ve never seen so many people back here for violence against staff. An observation made from the rec cages, quickly confirmed by others listing the names of offenders and staff, precursors and incidents.”
While one incident is described, it’s noted by another inmate that: “That’s the third fuckin’ time someone’s took off on that guard. That doesn’t happen for no reason. How is that guy even working here still…”
The uptick in violence coincides with the time-frame I’ve spent with our maximum-security population, using the grievance system to document issues with access to courts, access to religious services, access to programs, inadequate out-of-cell time to shower and exercise and call out on the phone–just to name a few.
Because so many legitimate grievances fail to see resolution, our population’s majority is easily dissuaded from submitting their own, despite constant deficiencies and myriad issues pressure-cooking them violent while they’re bouncing off walls. Among these issues: The banning of contact visits (before COVID), and the facility dark days that result from understaffing. The rec faculties rendered useless, assisting inmates’ stagnation. The many petty disciplines never found in any policy–like refusing cleaning materials during an outbreak of the ‘rona because, “You didn’t do what I ask, so why should I do something for you?”
And for those willing to use the process– it’s frustrating, the dance the Department requires for one to have their issues ignored: the chains of command, the I-60s, the 316s, the 318s, the “please hold” for months… Especially when solutions are commonly found with a two-minute call on the phone or request for confirmation on the radio, and sometimes just a second look at policy.
Then there’s the attitudes. Some are even found in grievance responses, though what’s experienced in person is much more regrettable. Recently, an incident next door led to a forceful response. Out of concern I asked who was involved. “Uh, let me think–it was Who-The-Fuck-Cares.” I can’t imagine a mother would ever give her son that name, or enjoy hearing a guard refer to him as such
Offenders will agree that incarceration IS meant to be punishment, but with the understanding that to undergo correction, one must become a humanized individual, provided with the tools for betterment, productivity and understanding.
This requires more pathways for discourse, with a commitment to scheduling their maintenance, in a manner that better allows willing participants to merge in shared directions. For what otherwise will merge are many questions into one: How much red tape can one unwrap from apathy and bureaucracy before they unravel their self and resort to a fist?
[Ref. Exhausted Grievances in Summary (for legal and investigative purpose), FAT! July]
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STAFF PUMMELS INMATE AT IMSI
A horrific scene of violence unfolded the morning of 17 July at the Idaho Maximum Security Institution. Multiple members of staff woke the residents of Restricted Housing Unit B2 around 2:30am with what is being described as a seriously savage beating, involving approximately six correctional officers using copious amounts of force on one offender in the day room, already restrained in shackles.
“They started on his legs while trying to hogtie him. Then they moved up his back. They were even dropping elbows on his head,” says one who watched from his window, just a few feet away. A statement now confirmed by several others, who estimate the duration of the assault to have spanned at least 15 minutes.
While the incident may have involved alcohol, the incident responders were not an extraction team, which IDOC generally activates when subduing problem individuals. Activated teams are required to equip with a camera and document video footage of every incident they respond to. Those who responded weren’t seen carrying a camera.
As reported in January’s issue, cameras were replaced in this unit recently, so video footage should be available.
At least one offender who tried to alert his family of the incident reported his JPay message confiscated, for reasons yet to be known.
[A copy of the original article, “Staff Assault Inmate At IMSI 7.17.20” was placed in Legal Mail, addressed to the ACLU to ensure its publication. A method recommended when concerned with interference or the censoring of reports.]
WHAT TO EXPECT WHEN RETURNING FROM EAGLE PASS CORRECTIONAL FACILITY
Over six hundred of us are still waiting to come home from Texas. And while the contract with GEO is said to expire in September, it will likely continue with month-to-month arrangements.
Earlier this year, IDOC announced they were finalizing negotiations to transfer their offender overflow to CoreCivic’s Kit Carson Correctional Center in Burlington, Colorado–an announcement made before notification was given to the Colorado Department of Correction. The announcement quickly gathered opposition by Colorado advocates, who remembered the logistical issues from IDOC’s prior arrangement with the facility, along with the platform that Governor Polis of Colorado was elected on–specifically, his opposition to privately-run prisons.
In the event some offenders do return from Texas, the following report is what they can expect.
ON PROPERTY
The same way reimbursement wasn’t given for much of the lost or damaged property that arrived at Eagle Pass, IDOC didn’t insure these items missing when my property returned to Idaho: legal work, a TV, religious oils, a watch, misc. books and containers and utensils, etc. The inventory sheet too was missing, preventing me from signing for what was shipped as “received.”
A grievance was filed and receipts were provided but neither IDOC or GEO would acknowledge the loss, with the exception of a portion of the religious oils, which were replaced with unrecognizable off-brand bottles (sorry to whoever’s bottles were stolen to replace mine).
Upon consultation, the paralegal suggested pursuing compensation by filing a small claim. This required serving notice of tort (IDOC failed to deliver mine four times and attempted to convince me there was no time limit for filing), then waiting three months for another non-response before filing the claim at a $67 fee, with additional fees required for its service. And though I began requesting information to process this claim the June before last, only now am I receiving the most important bits–the ones that were needed for proper receipt–so double those fees to file again.
Should one find a way to serve their small claim, they’ll likely need to file motions to appear before the court (motion for transport, motion for telephone hearing, etc.).
If they can do all that and present their case properly, they may see reimbursement within 12-18 months.
As for the property inmates are allowed to return with, most sneakers, speakers and much of the clothes are to be sent out at IDOC’s expense. There are reports of a memo that lists the items inmates are allowed to return with, along with reports that one offender was told it was a forgery before being stripped of items the memo allowed.
Regarding items missing from 2018, when EPCF staff punished inmates involved in the November 11 group disturbance by dumping their property into a pile on the floor before giving them five to ten minutes to gather what they could: It was assumed prior that the mountain of items remaining was thrown out, but I received pair of headphones lost in the incident– which arrived severely broken–after only a few months back in Idaho, and only 7 months after their disappearance. (Of course, they were quickly confiscated because of how broken they were. To which I say, “Nice ‘fuck you,’ Warden Barry! You’ve got form.”)
Inmates still missing video games that they tried to pass through staff are idiots for trusting the staff.
ON DISCIPLINARY
Disciplinary offenses accumulated in Texas are subject to modification upon return home. Because the Texas Minimum Jail Standards doesn’t allow EPCF to house Maximum-Security inmates, IDOC and GEO Group have avoided the Texas Commission On Jail Standards’ scrutiny by abandoning the reclassification process IDOC is required to use following disciplinary actions. Therefore, expect your points to be added in Idaho.
EXAMPLE: My Creating a Disturbance –23.0, Minor Offense–was modified to a Class A Group Disruption, Level 2 Enhancement (3 years and 23 points). So even though it was my only DOR–ever–modified on my return, it placed me in Max.
Points will be added from the date of DOR and, per Agreement Number A18-002 (section 5.5), multiple appeals are allowed for disciplinaries accrued in Texas.
Note: Per TMJS §283.1 and 283.2, IDOC and GEO were obligated to process disciplinaries by the procedure outlined in the EPCF Inmate Handbook, which was not IDOC Policy 318 (Disciplinary)–even though 318 was stipulated in the Agreement. Thus, for the many that were not processed under 318, as well as those that were without signing acknowledgement of revisions in the handbook, we recommend using that in an appeal.
And here’s why: Jack Fraser stated offenders were being processed by Texas standards in an Aug. ’19 memo, but many disciplinary reports show that’s inaccurate: IDOC and GEO switched the disciplinary process from Texas standards to Idaho policy sometime around Jan. ’19, presumably without ever notifying the Texas Commission, and definitely without notifying offenders. According to TMJS §283.2, that’s a violation:
“Every facility shall have prescribed rules and regulations shall be made available to each inmate and read to illiterate inmates. A written acknowledgement by the inmate that the rules have been explained shall be retained. A translation shall be provided in an understandable language when necessary. The rules and regulations shall outline both Major and Minor Infractions, the types and ranges of possible sanctions for each category, due process requirements and specific procedures for filing a grievance. The rules and regulations, as provided to the inmate, shall be submitted to the Commission for approval.”
Also: Reclassifications resulting from disciplinary ARE allowed to be grieved in accordance with 316. So it’s recommended that offenders use their appeals AND file a grievance (where applicable).
Here we implore IDOC to re-evaluate the validity of all disciplinaries that didn’t meet Texas standards before offenders return home, and expunge those that failed to comply with either Federal Disciplinary Due Process Guidelines, Texas Minimum Jail Standards, IDOC Policy 318, or Agreement Number A18-002.
ON HOLDING GEO GROUP ACCOUNTABLE
IDOC will not provide to inmates the forms and information needed to litigate civil claims against GEO in Texas–which is where they will need to be filed –despite claims happening while under the care of Idaho Corrections.
ON MAIL
It’s GEO’s policy not to forward mail after an offender leaves their facility. But Mail Policy 402.02.01.001 #21 requires IDOC to forward all parcels for at least 60 days following transfer to any facility–contract facilities included.
Yet when I was transferred after contacting oversight agencies in Texas (during The Battle of Dish Soap at Eagle Pass), an unknown number of responses to my complaints were intercepted and returned to their senders. Those that weren’t returned were held onto for a month or longer. It was only after I exhausted a grievance to have my mail forwarded that I received the response to a complaint I filed with the Texas Commission on Jail Standards. And though the complaint’s response was stamped “return to sender, no longer at GEO, released,” it clearly was never returned to the Commission. Instead, it was kept somewhere out of my possession until my appeals were exhausted. The Commission was informed of the incident.
(Ref. Grievances, CF 190000115, IM 190000484, CF190000072, IM 190000387, CF 190000104, Violations of Texas Minimum Jail Standards, Exhausted Grievances In Summary, Excessive Use of Tort Series, Regarding Disciplinary)
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VAGINA WINS BATTLE WITH LITTLE DISPUTE
The United States Supreme Court has refused to stay surgical procedures and gender transformation for one Idaho inmate who initially filed her case herself. Because the Justices refused Idaho’s motion to stay, analysts are suggesting they will not further deliberate Idaho’s case for denying transgender surgeries, following the exhaustion of 9th Circuit appeals.
The case received nationwide attention and sets a precedent for inmates suffering from gender dysphoria.
The victor will be transferred to a women’s facility following the surgery.
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COVID-19 UPDATES
As the number of COVID cases between staff and inmates begins to approach 1,000, a large percentage of cases are now considered inactive (have recovered).
Idaho State Correctional Center, home of the largest outbreak, is still on quarantine status and reports the majority of their cases have been asymptomatic.
There was a brief delay with Keefe services due to staff shortages this month, but deliveries were only affected by a day.
The Department has adjusted facility schedules–to include those of staff and inmates–mandated masks, designated quarantine units, and accommodated offenders during the disruption by increasing commissary limits, offering free phone calls and video visits, playing movies at their facilities and waiving medical fees for COVID tests.
As of July 27, inmates at IMSI were entering their third week without cable, due to a satellite issue.
Offenders at Eagle Pass Correctional Facility were without water again, twice this month, once without WiFi and telephones. And though no positive cases have been reported yet, D Unit dorms were quarantined as of July 25.
For real-time IDOC coronavirus updates: https://www.idoc.idaho.gov/content/careers/covid-19
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BUSTED
CO Jefferds, AKA Miranda Ackerman, 29, who resigned from IMSI in April, has been charged with felony sexual contact with an inmate as a prison guard, and misdemeaner introduction of contraband. Jefferds turned herself in to Ada County Jail in June after a warrant was issued for her arrest.
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EXHAUSTED GRIEVANCE: CONDITIONS OF CONFINEMENT
Date received: 6/10/20
Location: IMSI
Number: IM 200000280
The problem is: Dec. 2019 memo stating “All inmates in Administrative Segregation will be afforded three hours out-of-cell time daily…1 1/2 hours outside recreation and 1 1/2 inside structured activities” hasn’t been honored one time, in part or in full–regarding out-of-cell time.
I suggest the following solution for the problem: Honor the memo, or what parts you can, and release a new memo with an acknowledgement/update.
LEVEL 1- INITIAL RESPONSE
Level one responder: Laing
In do not recall Inmate Irving #82431 stating this concern to me directly, but if he did he would have been informed that the policy is not completed at this time. Once it is completed we will start letting them out of their cells 3 hours a day and complying with policy. All inmates housed in B-Block that have inquired about the new step up program or asked about the 3 hours out of cell time have been informed that the policy is not completed at this time. I recommend that Grievance IM200000280 be dismissed at this time, due to the policy not being completed.
LEVEL 2- REVIEWING AUTHORITY RESPONSE
Level 2 Responder: Hartgrove, Gary
Grievance Disposition: Denied
Inmate Irving 82431 your grievance IM 200000280 is denied. The newest revision of the Restricted Housing Order (RHO) being used by the Idaho Department of Correction shows an update of 5/5/2018. The updated RHO coincides with a new SOP for Short Term Restrictive Housing. As of now, the new/updated Long-Term Restrictive Housing (LTRH) SOP has not been implemented. The same RHO is used for both Short and Long Term Restrictive housing. [The] out of cell time described in the memorandum will become effective after physical plant modifications are completed and staffing levels are address[ed]. Headquarters will then evaluate if [the] SOP will be implemented completely.
OFFENDER APPEAL
No plant modifications are needed to extend outside rec–the cages already exist. The Department made indoor modifications to one tier to “pilot” day room access months ago, and then abandoned the effort immediately. The RHO update mentioned was done two years ago, and mentions a LTRH policy 319.02.01.003 that is still not implemented. An excessive amount of time has passed without any substantial attempt to make progress. Additionally, we are now frequently refused rec due to staffing levels and 3rd Shift’s refusal to do rec moves, which they’ll be required to do should the Department ever seriously consider the offender out-of-cell time they’ve been discussing but not acting upon since 2018. Immediate action is requested–in part or in full–as well as a realistic plan and timeline that should be made available to offenders and their families, while acknowledging the progress made from Warden Yordy’s memo as issued in December.
LEVEL 3- APPELLATE AUTHORITY RESPONSE
Level 3 Responder: Davis, Tyrrell
Grievance Disposition: Denied
I have reviewed your grievance and find that I concur with the level two response. The out of cell time described in the memo will become effective after physical plant modifications are completed and staffing levels are addressed.
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ANOTHER PITCH FOR A NEW PRISON
Attorney General Lawrence Wasden suggests another prison could be an investment for the Idaho Land Board. After hearing his idea in July, the Board voted 5-0 to assess the practicality of building a new prison to lease to the state.
Governor Little, who sits on the Idaho Land Board, didn’t mention if he will first assess the much needed plant modifications and overwhelming staff shortages at our existing prisons before attempting to recruit employees for a new one.
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CONSUMER REPORTS
IDOC has improved the commissary menu by adding new options for shoes, clothing, and religious items. The food menu is also seeing more frequent updates.
A reduction to the Sega game consul was negotiated prior to its introduction. Initially offered for $175, it can now be purchased for $95. For those who were vocal when they unveiled the initial price: thank you.
The Fruity Pebble Cereal Bars, seasonally offered by ACCESS SECUREPAK, will remain at the price of $77.54 per lb., plus tax. We recommend substituting with the Kellogg’s Birthday Cake Rice Krispies Treats at $7.18 per lb, plus tax, for a 90% savings.
Regarding religious medallions: The policy for religious property still allows you to order a medallion of faith through the chaplain if Keefe doesn’t offer your religious specificity.
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POET’S CORNER
Edmo is getting a vagina
But Kenny can’t go to church
Edmo is getting a vagina
(S)He’s probably getting it permed
Edmo is getting a vagina
While we can’t run any laps
Edmo is getting a vagina
(S)He’s scheduled for follow-up paps
Edmo is getting a vagina
It’s likely a brand new model
Edmo is getting a vagina
For the cost of a young man fondeled
Edmo is getting a vagina
It’s making all of the news
Edmo is getting a vagina
To put an end to the blues
I wouldn’t mind a vagina
I’d cook it tons of burritos
What wouldn’t I do for a vagina
One that’s never been hit with torpedoes
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[This entire issue was produced in my crime-fighters. No cotton was harmed throughout the course of this production.]
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AFTER THIS ISSUE WENT TO PRESS
07/30/2020
A message from the Director:
Today, I’m sharing some really sad news. Earlier this evening we distributed the press release pasted below announcing the COVID-related death of someone in our custody, Mr. [Name]. Given this news, anything else I would normally share in an update seems inconsequential and can wait until tomorrow. Tonight, our thoughts and prayers are with Mr. [Name], his family, friends and everyone mourning his passing.
Take care-
Josh
Idaho Department of Correction
News release
Incarcerated man diagnosed with COVID-19 dies at Boise hospital
BOISE, July 29, 2020 — With great sadness, the Idaho Department of Correction reports the death of an incarcerated person hospitalized with COVID-19.
On July 22, 2020, Frank Dawson Conover, 66, was transported from Idaho State Correctional Center to a Boise hospital for emergency treatment. While at the hospital, he tested positive for COVID-19 while being treated for other serious underlying health conditions.
Conover was pronounced dead at the hospital at 4:49am, July 29th.