Previous: First Amend This!: An IDOC Newsletter, Oct. 2020
Welcome to the November 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.
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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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GET INVOLVED
Offender friends and families interested in receiving updates or networking concerns are encouraged to join the Idaho Inmate Family Support Group on Facebook.
The IIFSG is a collective of volunteers that operate independently. They are not assumed to condone any of our actions.
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EDITOR’S NOTE
This issue’s lead article touches on an unprecedented collaboration to assist incarcerated families nationwide during the month of October. The widespread, time-sensitive mobilization of advocate networks and their improvised groundwork was nothing short of spectacular.
So much so that one nerd editor has been desperately trying to lead in with this: “When judicially motivated bipartisan networks merge their potential with one common goal: Easing the financial burden for incarcerated families by ensuring their loved ones government stimulus payments.”
Unfortunately, that’s not an article one wants to read here. So it’s with great compromise that this space is used to present two of the takeaways now making this weird: 1) Paper-pushing networks equal uniformed strength, and 2) Utilizing the improvised framework from said October feat could assist future collaborations with the means to prevail.
Once again, we thank those who’ve selflessly extended themselves on others behalved, as rehabilitation begins with understanding and grace.
Cheers.
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NATIONWIDE CLASS ACTION LAWSUIT: STIMULUS PAYMENTS FOR THE INCARCERATED
On September 24, 2020, U.S. District Court Judge Phyllis Hamilton certified a nationwide class of U.S. citizens incarcerated in state and federal prisons, and then granted a preliminary injunction requiring the Department of Treasury and the Internal Revenue Service to stop withholding CARES Act stimulus funds based solely on one’s incarcerated status.
The lawsuit, filed by Lieff, Cabraser, Heimann & Bernstein (LCHB) and the Equal Justice Society on August 1, 2020, represents the majority of individuals incarcerated between March 27, 2020 and present–as well as many incarcerated both prior to March 27 and sometime after.
The actual number of individuals comprising the class is uncertain at this time. According to the Treasury Department’s Inspector General, over 80,000 eligible inmates initially applied for the economic impact payments, together equaling a total that surpassed $100M. But the law firm representing the class estimates the actual number of plaintiffs to be as high as 1,400,000, which would push the total payout amount into the range of $1.7B.
In what may be considered an odd and expensive twist, had the Department of Treasury, the IRS, and state and federal DOCs simply allowed the 80,000 who applied responsibly to receive their stimulus checks the first time, the dollar figure likely would have stayed in the millions. But since state and federal agencies misinformed incarcerated families earlier this year that including their loved ones in Earned Income Payments was a criminal act (FAT!, June 2020), those same state and federal agencies were ordered to retract the threat of criminal prosecution. In doing so, they found themselves not only notifying the nation’s prison population that they were eligible for the EIP, but assisting the process with detailed instructions that many offenders otherwise wouldn’t have had knowledge of or access to.
For instance, IDOC, having been initially instructed by the feds to intercept stimulus checks as they passed through their mailroom, now found themselves notifying offenders of their eligibility through JPay:
10/13/2020
An Important Message from the IRS
The US District Court has issued an order to the Internal Revenue Service (IRS) which instructs the IRS to provide notification to incarcerated persons that they may be eligible for a CARES Act stimulus payment. The Court’s order is directed to the IRS, and notification of such eligibility shall be made solely by the IRS. The IDOC will assist the IRS by providing access to copies of the instructions and IRS Form 1040 or Form 1040-SR for people 65 years of age or older.
IDOC ASSISTANCE
The IRS is responsible to provide the primary notification to you and, unless necessary to comply with the American Disability Act, the IDOC cannot provide assistance in form completion, cannot provide you with tax advice and cannot determine your eligibility for a payment. Your Facility will provide the applicable instructions and forms to you upon a request from you. The entire form need not be completed and the IRS has provided very clear instructions for you to follow.
In addition, if you have a trusted family member or friend, it is possible for the form to be filed online. This information is contained in the documents that will be provided to you upon request.
Note: forms must be postmarked to the IRS by October 30, 2020, therefore you must ensure sufficient mailing time for the IRS letter you are sending to exit IDOC’s internal mail system.
END MESSAGE
Commendably, IDOC distributed the aforementioned forms unsolicited following this message, negating several hassles that would’ve accompanied some thousands of simultaneous requests. And when the first round of forms didn’t specify how checks should be sent in for deposit, IDOC redistributed the forms again, with the correction being made.
Though IDOC’s assistance was helpful and appreciated, by the the time they acted, it was also redundant, as media coverage highlighting the class certification and injunction had already motivated prison advocates across the country to rapidly mobilize their networks and distribute the materials required for class members to apply for and receive their stimulus payments.
One full week prior to the Department’s JPay notification reaching this reporter, the Idaho Inmate Family Support Group forwarded him articles from the Washington Post and Forbes covering the class certification and injunction, while also providing screen shots from LCHB’s website that contained pertinent information for members of the class.
As the paper filing deadline was still Oct. 15 at this time — the Oct. 30 deadline would be granted days later — this offender and his family became one of the many in a confirmation frenzy, attempting to verify multiple reports and interpretations pouring in.
Reasons for the rush were plenty. For those serving time as indigent inmates, and for those families who struggle even in a pandemic-less world to financially support their loved ones’ phone calls and letters, hygiene and snacks, the $1200 income credit is nothing short of a godsend. As a single package of ramen noodles costs Idaho offenders $.41, and a $50 television can be purchased for upwards of $300, and 20% of all money offender families place on one’s books is intercepted to pay for restitution (where applicable), it’s easy to understand any push for assistance.
This time, not only did assistance arrive, it came in multiple forms. As the IIFSG were notifying offender families of their eligibility using social media and JPay, they were also negotiating with IDOC the ability to physically deliver Judge Hamilton’s ruling and 1040 tax forms to offenders in time for them to conform with the initial October 15 mail-in deadline. And while the IIFSG was constructively assisting our Department of Correction, organizations nationwide were targeting others en masse. By the time the Department had alerted this reporter to the update and reached him with forms, a stack of the requisites had already floated in on a series of waves traversing the country.
Critical Resistance Portland, Critical Resistance Oakland, Siskiyou Abolition Project, Lane County Mutual Aid, Black and Pink PDX, Abolition Apostles, and the National Lawyers Guild are just a few of the many who provided myself and my neighbors with an opportunity to ease the burden placed on our loved ones.
Of course, such a payment being disputed at the level of government will likely rekindle the discussion of when providing inmates accommodations from the civilized world is appropriate. But if the actual focus of corrections were to foster behaviors that seek rehabilitation, then maybe a boost in morale with the removal of stressors could be seen as an investment as opposed to a shame.
Perhaps at one time IDOC agreed, as it was their Lifeline program, which many inmates were mandated to complete prior to receiving parole, that rewarded participants with monthly stipends, eliminating the need for the side hustles that often result in disciplinary action — which commonly leads to extra time served.
When (name withheld) was once asked by his housing lieutenant what it would take for him to stop brewing the alcohol that was regularly distributed on his unit, he answered sincerely: “Easy. Supply me with decent hygiene and coffee and a phonecall every month, and I’ll quit tomorrow.” Opposed to that idea, IDOC allowed him accrue six brewing infractions before flopping his parole for three years. A dozen identical infractions followed before his girlfriend finally found herself in a position to offer financial assistance. (The amount of alcohol-related infractions his patron’s accrued are unknown, as well as the amount of extra time they served when sanctioned.)
Which raises an interesting question: Even if it were only $2K a month to house an offender, might a few inexpensive civil accommodations offer our taxpayers exponential savings?
While the paper filing deadline has passed by the time you read this, Earned Income Payments can be applied for online until November 21 using the IRS Non-filer tool.
(Please note: In regards to the ruling mentioned, the government has appealed.)
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FCC TO GOVERNOR LITTLE: LOWER INTRASTATE COMMUNICATION FEES FOR YOUR PRISONERS
Chairman of the Federal Communication Commission Ajit Pai is requesting our nation’s governors intervene where inmate families are facing exorbitant charges to speak with their loved ones.
In 2012, the Human Rights Defense Center, working with then-FCC Commissioner Mignon Clayburn and the Prison Phone Justice Campaign, made notable progress in regulating prison phone rates nationally. But when telecom companies Securus and Global Tel Link took the regulations placed on intrastate calls to the courts, Commissioner Pai, who replaced Clyburn when appointed by President Trump, ordered FCC lawyers not to defend the Commission’s order. The regulations put in place by Pai’s predecessor were then easily reversed on appeal.
The FCC is now asking, as a federal regulatory agency that doesn’t have authority over intrastate calls, for state leaders to act.
Rebecca Boone’s September coverage included this statement by Pai:
“We know that keeping inmates and their loved ones connected reduces recidivism and helps children with incarcerated parents. And given that most inmates are incarcerated in the same state where their families live, the rates charged for intrastate calls are critically important. I hope governors, state legislators, and other officials will take action.”
Among a list of exorbitant in-state calling rates offered by the FCC are 37 Idaho facilities, adult and juvenile, that begin charging between $0.25 and $3.52 for the first minute of a call, with up to $1.15 for each minute that follows.
For the more felonious, referred from their counties to correction by State, the intrastate rates IDOC has arranged is currently $.08 per minute, down from $.11 at the start of the ‘rona.
Unfortunately, love ones wishing to place phone credits on their home- and cell numbers are still forced to pay a 33 percent tax on the funds they deposit.
Maybe some loopholes need addressed as well?
Sources: Rebecca Boone, “FCC Asks Idaho States to Lower the Cost of In-State Inmate Calls”, Idahonews.com. Christopher Zoukis and Charles Sloan-Hillier, “Trump v. Biden on Criminal Justice”, Prison Legal News, October 2020.
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U.S. SUPREME COURT DECLINES TO HEAR IDOC APPEAL
On October 13 the U.S. Supreme Court refused to consider Idaho’s appeal disputing a doctor-recommended gender-confirmation surgery prescribed as treatment for one IDOC resident’s gender dysphoria.
Despite the surgery’s completion three months earlier, the state still requested the court’s deliberation. The highest court in the nation declined.
Betsy Russell with the Idaho Press Club reports the $75,000 surgery was covered by insurance under the Department’s contract with their Corizon Health provider. As many Idaho taxpayers were rather vocal of the expense they assumed they would pay, it’s unclear how they’ll feel coming out of pocket almost six times that, as what isn’t covered by insurance is the $435,738.80 in fees the state accumulated while presenting its case.
By refusing to provide the surgery prior to a court ruling, the Department was found to have violated the 8th Amendment to the U.S. Constitution, which prohibits cruel and unusual punishment.
This case is significant in that it sets precedent for treating gender dysphoria by requiring transgender medical conditions to be treated as any other.
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COVID NEWS
As of October 24, IDOC had issued over 11,500 tests, reported 2,000 positives and identified 3 COVID-related deaths among their inmate population.
Where 140 Idahoans were discovered to have been transferred from GEO Group’s Eagle Pass Correctional Facility in Texas to CoreCivic’s Saguaro Correctional Center in Arizona while infected with COVID, Hawaii has reported that their offenders, housed in the same facility, have recently begun to test positive. As a precaution, 746 of their inmates are now in quarantine.
The Arizona Republic’s Daniel Gonzalez has reported that three employees at CoreCivic’s Central Arizona Florence Correctional Complex and one at the Eloy Detention Center have died following infection.
Offender’s at IMSI are no longer able to identify each other in lieu of months without haircuts.
For real-time IDOC coronavirus updates: https://www.idoc.idaho.gov/content/careers/covid-19
View Hawaii’s Saguaro data here.
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IN THE FORUMS
Members of the Idaho Inmate Family Support Group have begun to organize a grievance database to document Department patterns that call for litigation.
Concerns have been raised over what’s being reported as a confiscation frenzy in Arizona. In addition to much of the property that was allowed in Texas, families are upset, for reasons unknown, that over an ounce of methamphetamine, along with 18 cell phones, was confiscated from their loved ones’ property as it arrived in Arizona. They have also noted that a substantial percentage of those transferred from GEO Group’s Eagle Pass Correctional Facility underwent substance withdrawals immediately after.
Reports have been made that out-of-state inmates previously identified as targets were intermingled with their aggressors, and families are confused as to how Idaho inmates are mingling with Hawaii’s.
Questions continue to grow over the CoreCivic contract, which has yet to be made available to the public, and as the frequency of IDOC updates has been sporadic of late, frustrations from the people who rely on them are becoming more visible.
There is much confusion over who the acting contract monitor is for the Arizona contract facilities, as GEO Group’s Warden Barry appears to be the one who tampered with the security status of several on their way to CoreCivic. Many of those initially handpicked by Barry for being well behaved insist that he’s altered their files to reflect that they’re trouble, and confirm that Saguaro staff are treating them so.
Learn more about Warden Waymon Barry in the “The Battle of Dish Soap” at Eagle Pass and Violations of Texas Minimum Jail Standards.
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LAW LIBRARY MATERIALS NOW ON JPAY
LexisNexis has been added to JPay. Those who update their devices this month may notice that specific case references cannot be viewed but other useful materials are readily available.
Among them: Primary Codes and Legislation (Annotated), State and Federal Court Rules, Administrative Codes and Regulations, Federal United States Code Service Titles 1-54, USCS Federal Rules (Annotated), the Idaho State Constitution, and the Constitution of the United States.
Secondary sources have also been added to complement the materials listed above. They include: Federal Habeus Corpus Practice and Procedure, Constitutional Rights of Prisoners (Ninth Edition), Ballentine’s Law Dictionary (3rd Edition), and The Law Dictionary.
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RECENTLY CENSORED
The article found at the link below was prohibited from entering Idaho prisons. The reason given? Encouraging violence. The grievance will be provided in next month’s issue.
A MESSAGE FROM IDOC
Effective November 1, 2020, weekly commissary spending limits will revert to $100/week as set forth in SOP 320.02.01.001.
As you know, weekly spending limits were temporarily increased to $150/week due to COVID-19. The decision to roll the weekly spending limit back to normal levels is being made at this time for several reasons.
1) IDOC is slowly returning to more normal operations.
2) Reverting back will help Keefe warehouse workers to more efficiently pull orders
3) As warehouse space is limited, reverting back will allow Keefe to ensure enough stock on hand to fill orders
4) Keefe will begin to sell commissary to IDOC inmates being held at an out-of-state facility so returning spending limits to their normal level will ensure Keefe is able to handle the additional sales volume.
Thank you for your understanding.
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ARTISTIC INTONATIONS
I stay outta sight
That’s word to the mic
I’ll put it on my life, all the things I sacrifice
A desperado at night
The venomous type
Intellectually precise with a perpetual appetite
My professional insight would advise you to realize
My skill gets exercised like your momma’s inner thighs
I make my advance as the undisputed champ
Naughty by nature with the force of avalanche
Dropping hot tons of metaphorical spherical fragments
Possess the power to evolve and engulf the planets
Spit the sick shit
Strongarm’s my apparatus
Appreciate the work and the fact I’ve long lasted
Dealing with this dirt
And done it single handed
Stayed hungry till it hurt and let myself go berserk
As I unearth the original
Contact from these
Visuals
That
Lace
My
Brain
I’m HAbiTualLy iNSanE.
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Hootie-hoo, turkeys. Look out for the fuzz!