Previous: First Amend This!: An IDOC Newsletter, Aug. 2020 [Censored!!!]
Welcome to the September issue 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
…
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.
…
EDITOR’S NOTE
If you missed August’s issue, censored for discussions on violence and sexual misconduct of staff, please be sure to check it out and voice your thoughts on social. Though WE don’t have a page, you can share the link on YOURS and show ALL your friends how to First Amend This!
They’ll dig it. Trust me. We’re hot in Korea.
…
IDOC SIGNS CONTRACT WITH CORECIVIC FOR TWO PRIVATE PRISONS IN ARIZONA
On June 18 IDOC began transferring inmates from GEO Group’s Eagle Pass Correctional Facility in Texas to CoreCivic’s Saguaro Correctional Center in Arizona. SCC is one of two Arizona facilities where IDOC has made arrangements to house offenders in effort to ease prison overcrowding in Idaho. The initial transfer of 148 inmates was the first of three to be completed by September 30, when IDOC’s contract with GEO Group expires.
Though not all the residents of EPCF will make their way to Arizona. Of the 620 Idahoans filling beds in Texas, 131 will be returned home for unspecified reasons. Those returning will then be exchanged for a much larger group that is to be divided between SCC and the Florence Correctional Center. IDOC has committed to paying $28.7M a year for either 11- or 1200 beds between the two facilities–depending on whether one’s asking IDOC or CoreCivic–with the option to extend the contract indefinitely.
CoreCivic, who previously did business as Corporate Corrections of America, is best known in Idaho for operating the Idaho Correctional Center (now ISCC) in such a way that drew scrutiny from the Associated Press, American Civil Liberties Union, FBI and Department of Justice (who declined to file charges) after claims of gross misconduct were reported in the facility fittingly dubbed by offenders as Gladiator School.
For that reason, offenders that find themselves transferred to SCC may take comfort in knowing that the Hawaiian Department of Public Safety has audited the facility twice a year since 2011, following the deaths of three Hawaiian offenders. Their oversight is significant as Arizona’s private prisons housing out-of-state populations are essentially unregulated, and IDOC’s Contract Monitors Tim Higgins and Monte Hansen took little interest in holding GEO to account prior to this reporter’s onslaught of complaints filed with the Texas Commission of Jail Standards.
Offenders matching any of the following criteria are eligible for transfer:
— Parole eligibility 2023 or after
— No escape charges
— Chronically and mentally ill
— Close Custody and STG
— SOs and violent crimes
Offender friends and families interested in receiving updates and networking their concerns are encouraged to join the Idaho Inmate Family Support Group on Facebook.
Facility and oversight information is as follows:
Saguaro Correctional Center
1250 East Arica Red.
Eloy, AZ 85131
SCC lies 60 miles southeast of Phoenix and currently holds 1200 offenders from Hawaii, 180 from Kansas and an unknown number from Nevada.
https://www.corecivic.com/facilities/saguaro-correctional-center
Florence Correctional Center
1100 Bowling Rd.
Florence, AZ 85132
https://www.corecivic.com/facilities/central-arizona-florence-correctional-complex
https://www.ice.gov/detention-facility/florence-correctional-center
State of Hawaii Department of Public Safety
919 Ala Moana Blvd., Fourth Floor
Honolulu, Hawaii 96814
CoreCivic
10 Burton Hills Blvd.
Nashville, TN 37215
IDOC
1299 N. Orchard St, Ste. 110
Boise, ID 83706
Arizona Department of Corrections
1601 W. Jefferson
Phoenix, AZ 85007
Sources: IIFSG, Idaho Statesman, Prison Privatization and Arizona Law–American Friends Service Committee Arizona Area Program, Violations of Texas Minimum Jail Standards
…
MORE CHANGES IN HOUSING
According to Jacob Scholl’s August 19th article in the Idaho Statesman, a 150-bed unit is soon to be added at ISCI. There are also plans to open a new community re-entry center for men in Twin Falls, along with talk of doing the same in Northern Idaho. And while another 150-bed expansion is being discussed for a St. Anthony work camp, talks continue for building a new 1200-bed facility in Idaho.
Meanwhile a few hundred people have been moved (primarily from ISCC) to the barracks at the Idaho Military Divisions Orchard Combat Training Center (OREX) 18 miles south of Boise, for reasons, IDOC says, to create safe zones and larger COVID units where symptomatic positives can cohort, thereby consolidating medical resources.
…
COVID NEWS
Over 1,200 positives have now been reported between staff and inmates, with the majority considered to be inactive.
Eagle Pass Correctional Facility, recently reporting positive cases, has not shown a proportionate increase in negatives, which suggests that tests are now only being conducted on inmates that present as symptomatic.
As Warden Waymon Barry failed to autopsy the remains of at least one IDOC offender who died at his facility following an inadequate medical response, we have reason to suspect that he’s in no rush to conduct COVID testing in the final days of IDOC’s contract with GEO.
That the majority of EPCF’s population is housed in 8-man cells and crowded open dorms raises concerns that asymptomatic positives may accompany those transferred to the Arizona contract facilities, and endanger offender populations from three other DOC’s, as well as facility staff. IDOC will face the same risk when 131 EPCF residents return home.
Back in Idaho, overwhelming staff shortages have affected daily operations, to include: Facilities placed on secure status early in the evening, limited rec and programming, extended discontinuation of visits and volunteer services, and delays with commissary.
Mass testing is being conducted throughout the entire population and temperature checks have been scheduled once a day (presumably for everyone). Medical PPE masks have been distributed throughout all facilities, replacing the cloth coverings initially provided to offenders, who are required to wear them at all times when out of their cell. Open-dorm policies are unknown at this time.
IDOC has resumed transports from county jails across the state. COVID-positives will soon be processed in a new Receiving Diagnostic Unit at ISCC to make monitoring easier for medical staff.
COVID information has been and continues to be provided to offenders through JPay in an attempt to keep them educated on how to identify symptoms and prevent further spread of the virus.
Deputy Director Bree Derrick reminds staff to take advantage of the Employee Assistance Program should they find themselves in need of additional support.
For real-time IDOC coronavirus updates: https://www.idoc.idaho.gov/content/careers/covid-19
…
ENVIRONMENTAL GROUP SUES IDOC
The Associated Press reports that the Snake River Waterkeeper has filed a federal lawsuit against the Department for allegedly violating the State’s wastewater permit more than 160 times in 2018 and 2019. The alleged violations are said to be a result of unspecified waste flowing from Cottonwood’s North Idaho Correctional Institution and reaching Lawyer Creek, the Clearwater River and the Snake River. Snake River Waterkeeper is asking that the court order the state to abide by its federal discharge permit and pay $55,800 per violation, for a total nearing $9M.
….
IDOC POLICIES ON JPAY
The Department has worked with JPay to provide over 150 DOC policies to offenders on their JPay media devices, a move applauded by this publication. That most offenders will now be able to bypass the wait times previously associated with the papered requests the Department once required to view policies will help eliminate much confusion between facility residents and staff.
As the system is new, we expect additional policies will be added over time. Like 503.02.01.001 (Telephones and Electronic Communications), 150.01.01.006 (Staff Misconduct) and 114.03.03.024 (Funds, Inmate.)
…
A LETTER FROM THE ACLU
[The following letter, sent to our Editor, has been paraphrased and formatted to fit the following presentation.]
Idaho’s public defender system has problems. In 2015, the ACLU and the law firm Hogan Lovells sued the State of Idaho because its public defender system does not ensure every person facing charges receives effective legal assistance, which, in effect, denies many people their rights. Their lawsuit requests the Court force Idaho to fix their broken system.
The problem is that Idaho’s public defenders do not have what they need, which makes it hard to spend enough time on every case to investigate, file motions, meet with clients and strategize the fight for each. The State created the Public Defense Commission in 2014, creating rules for how public defenders do their jobs, but this is not enough. The Sate must do more to fix the system.
The public defense lawsuit, a class action, applies to all facing charges with the potential for jail time or probation in Idaho state court while being unable to afford a lawyer. Those facing federal charges are not part of the class action. The State is not being asked to pay money to individuals.
Being part of the class action does not change one’s criminal lawyer. It may not affect the outcome of one’s case. Members of the class are not required to attend the lawsuit’s hearings. But they are required to attend hearings for their criminal case.
The lawsuit will not make criminal charges disappear, but it may change the way the public defense system works. If successful, the state will have to fix their public defense system. The judge will decide how that happens.
For those already sentenced, the case may offer no change. Those who have not been sentenced are encouraged to contact the ACLU if they are experiencing issues with the public defender system. They are asked not to discuss what they told their public defender or what their public defender told them. Those are confidential conversations and facts regarding the criminal case are unnecessary–please do not provide them.
If you contact the ACLU in regards to this lawsuit, be sure to write “CONFIDENTIAL- LEGAL MAIL” on both the letter and envelope before sending it to:
ACLU
PO Box 1897
Boise, ID 83701
Phone: 208.344.9759 ext. 1292
Fax: 208.344.7201
Email: admin@acluidaho.org
If you have already been sentenced and want to fight your conviction or sentence, you may want to contact:
Idaho State Appellate Public Defender
PO Box 2816
Boise, ID 83701
Telephone: 208.334.2712
For more information about this case:
https://www.acluidaho.org/en/cases/tucker-v-state-idaho
…
EDITOR LOSES GRACEFULLY
Grievance: IM 200000301
Date: 6/23/20
Location: IMSI
Category: Complaint Against Staff
The problem is:
Brett Phillips continues to obstruct the same claim that resulted in Grievance IM 190000484. Previously, he held onto the claim for two weeks after the paralegal informed he could serve it. Now he insists on providing misinformation on how the court requires it delivered. Attached are several documents from the Clerk of the Court insisting the information Brett’s providing is wrong (see link below).
I have tried to solve this problem informally by:
Extended communications with the Clerk of the Court, Justice Department, attorneys general of Idaho, concern form, and [publicly documenting] the entire process in the “Excessive Use of Tort Series” @bookofirving82431.com.
I suggest the following solution for the problem:
Knock off your shenanigans and provide me with an address that will yield [Warden] Keith Yordy’s signature on certified mail–the way the clerk of the court requires in the letters I’ve provided you–or give me your blessing to source the problem myself.
LEVEL 1- INITIAL RESPONSE by Brett Phillips
(7/7/20)
Please note that before any “shenanigans” were undertaken, you failed to follow the initial direction provided to you via the February 20, 2020 concern form response by Warden Yordy: a response to your inquiry specifically regarding service of process, wherein he directed you to serve your small claims action on the Deputy Attorneys General assigned to the IDOC, in compliance with IDAPA 06.01.01, 106 (Service of Process on Department Employees). Furthermore, in my memo to you dated June 22, 2020, I reiterated the requirement of you to follow the process set forth in IDAPA 106, even going so far as to providing you with specific information on how to arrange for your small claims action to be served, which was provided to you previously by the Court in the Instructions on “How to Serve Your Small Claims Papers.” As a reminder, “if someone who is not the defendant signs the certified mail receipt, you have to serve the defendant again–using personal service.” For personal service you have the choice of three options: Pay the Ada Co. Sheriff’s Office, pay a professional process server or ask someone 18 years or older–not YOU–to serve the paperwork on the Deputy Attorneys General for the agency.
Additionally, in accordance with the Idaho Rules of Civil Procedure, specifically, Rule 4(d)(4)(A), Service on the state and its agencies and governmental subdivisions: (A) State of Idaho–to serve the state of Idaho or any of its agencies, a party must deliver 2 copies of the summons and complaint to the Attorney General or any Assistant (Deputy) Attorney General (agent). Furthermore, Rule 4(d)(1)(C) Upon Whom Served [sic]: Delivering a copy of each to the agent (see) above authorized by appointment or by law to receive service of process. In other words–Rule 4 or IDAPA 106.
Your request for [Warden] Keith Yordy’s personal address is denied. So, once again, please serve your small claims complaint on the Deputy Attorneys General assigned to the Idaho Department of Correction using one of the three (3) options listed above.
LEVEL 2–REVIEWING AUTHORITY RESPONSE by Susan Wessels
Grievance Disposition: Denied
Date: 7/20/20
Your grievance has been reviewed and I find:
Deny [sic]
Please see the explanation of the process to serve a small claims complaint as explained by the Level 1 Responder, Mr. Brett Phillips. Mr. Phillips description of the procedure details of the State of Idaho and Rules [sic]. This explanation is accurate and succinct.
OFFENDER APPEAL
7/24/20
Forgive my hesitance to accept legal instructions from the same people who claimed to deliver my notice of torts but didn’t, who tried to convince me filing limits don’t exist, and who [previously] obstructed my grievance for staff misconduct. I appreciate you providing me with rules 4(d)(4)(A) and 4(d)(1)(C) only 10 months after my initial request for [all] the information I [would need] to present my case. For clarification, as the cheapest option to serve the Department a small claim has failed to be executed per the Clerk of the Court, the State now suggests I pay another fee–to the Sheriff, as a form of insurance–to see my claim properly delivered. Do I understand this correctly? In the future, is it possible to just pay a similar form of insurance directly to the Department or GEO Group to ensure that my property reaches me untampered? Would that make it easier for you?
LEVEL 3–APPELLATE AUTHORITY RESPONSE by Tyrell Davis
8/9/20
I have reviewed the grievance and find that I concur with the level one response from Mr. Phillips.
…
LETTERS TO PEN PALS
8-19-20
Dear Pen Pal,
Out of sight, out of mind…isn’t that the truth. I don’t know if it’s more disheartening watching people show little interest in voting for reform until they’re personally affected from the outside, or watching people show no interest in laying the groundwork for reform from the inside.
I believe it’s the letter you’ll receive today where I make mention of a business that offered people a platform to help themselves, which wasn’t enough, because they wanted the work done for them as well. There are, of course, in any population, a number of capable and/or motivated people. But there always seem to be more waiting for their coattails, feeling entitled to ride them at any given time. And I think that a lot of people are let down when they see examples of people given opportunities that turn into examples of how people waste them.
On packaging reform–I agree, the question is, Where do WE start?
Education and programming: Civics, rehab and compassion. Those are where I’d focus the foundation. Building excitement for civic responsibility reduces the need for advocacy assistance for those already incarcerated, and carries over to the community once the investment is active outside.
Rehab needs an overhaul completely, from training participants (not offenders) to seek assistance, to establishing more outlets for support and crisis prevention. Crisis intervention helps, but why are we (participants, families, friends, supervisors) even waiting the crisis to happen?
Compassion: We all need a lesson in that, and good-time credits would be one place to start. Rewarding effort while acknowledging circumstances isn’t unreasonable at all. Revamping pre-sentence investigation techniques is also must, as right now they contain too much quack science and confirmation-bias appears to be the rule–they’d get more accurate reads using 2020 tarot cards.
Also, when packaging, we need to package as investment: 1) If hiring prison guards is good for the community, why wouldn’t hiring support networks and lifestyle professionals that prevent the need for prison guards be awesome? 2) Prison guards are hired to contain human potential. They may as well be hired to prevent resource development. For every prison guard hired, we buy a dozen trash cans, to hold the investments they’re guarding as it’s people thrown away. When there is talk of a building prisons as an investment, more discourse needs to be centered around that.
…Or so goes my thinking in my outside rec kennel.
I hope that you have the most beautiful day.
…
FIRST EVER FAT! AWARDS
Another journalistic group of relentless professionals has emerged in the Treasure Valley, inspiring us to present our very first FAT! Journalistic Integrity Award for their reporting on August’s gruesome discovery at Leaf Bugs Cereal, where actual bugs and leaves found in the cereal led to a factory closure. That this story was so closely followed by their discovery of a shoe-eating garden-variety woodpecker suggests nothing short of raw talent.
Congratulations, champions! Keep up the good work.
…
Friends of First Amend This!
We’d like to recognize a few people, households and organizations that have either offered their aid directly or expressed their interest in making a difference. So, it’s in no particular order that we say thank you to:
Catholics 1
Christians 1
Native Americans 2
Muslims 1
Atheists 2
LGBTQ 4
Idaho Senators R 1 D 1
Idaho Congresswomen R1 D 1
Marxists 1
Anarchists 1
Idaho Lt. Governors 1
Buddhists 1
Civil Liberty Protectors 3
Misc. Advocacy Groups 7
Books to Prisoners 7
Media Misfits 4
Professional Psychologists 1
And thank you, again, Loyal Reader, for continuing to tune in.
Amen.
….
MSG FROM IDOC – SUICIDE PREVENTION HOTLINE
On September 1, 2020 the IDOC will enable phone call services to the Idaho Suicide Prevention Hotline. Your safety and well-being are important, so this service is being provided as an alternative resource if you find yourself in crisis. IDOC and Corizon staff are always available to assist you.
Number: 208-398-4357
Speed Dial: 852
Hours of Operation: Inmates have access to the inmate phone system when telephone services are available according to each facilities operational schedule.
Cost: Free
Duration: Max of 30 minutes per call
NOTICE: ALL PHONE CALLS ARE RECORDED AND MAY BE MONITORED. Calls to the Idaho Suicide Prevention Hotline are automatically reported to IDOC. If it is determined that follow-up is required, you will be contacted by staff to ensure your safety and wellbeing.
Prank or nuisance calls to the Idaho Suicide Prevention Hotline may result in sanctions and other disciplinary procedures.
…
COMPLIMENTS TO STAFF
Thank you Deputy Director Bree Derrick and Chief of Staff Christine Starr for referring to your prison population as Facility Residents during your guest spots in the Director’s Note’s this last month. Not referring to them as Offenders or Inmates caught our attention.
Captain Hust, you’re suspected of doing a good job too. You better knock it off.
…
And that’s a word-up, everybody. Welcome to September.