First Amend This!: An IDOC Newsletter, Mar. 2021

Previous: First Amend This!: An IDOC Newsletter, Feb. 2021

WELCOME to the March issue of First Amend This!

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 community.

If you wish to assist this effort, share the link, cut and paste, or print and send a copy to another.

GET INVOLVED

IDOC will be holding monthly Townhall With Leadership meetings all through 2021. Submit your questions to brightideas@idoc.idaho.gov using the subject line “Qs for leadership,” and be sure to attend the meetings to keep the conversation going.

Offender friends and families interested in networking concerns are encouraged to join the Idaho Inmate Family Support Group (IIFSG) on Facebook, or contact them at idahoinmate@gmail.com.

EDITOR’S NOTE

In case you missed it last month, we’ve started another book drive. Our goal this time? Persuading institutions of higher education to try and write off their outdated course materials as donations to prison libraries.

That said, contributions from anyone are welcome, so long as they are sent from a retailer or publisher in accordance with IDOC’s mail policy.

Ship to:

Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707

This month’s contributions were gifts from FAT! friends and family. They are as follows:

Thanks everyone! We appreciate the thoughtfulness.

Let’s First Amend This!

AN UPDATE ON THE CORECIVIC CONTRACT

Last month we submitted a public records request for the contract IDOC signed with CoreCivic prior to transferring residents to a private facility Eloy, Arizona. Initially we aimed to post the contract for reference, the same way IDOC did with the GEO contract in 2018, but when our request was returned with over 500 pages, we decided to offer it here instead, over time and in pieces. The idea is to highlight the important bits first, and then collect feedback and concerns to direct our focus as needed.

We find this necessary because the 2018 contract required of GEO very specific policies–the same ones stipulated in the new arrangement with CoreCivic–but GEO failed to comply and were held to no account. That is, until the Texas Commission of Jail Standards took interest, following a presentation titled Violations Of Texas Minimum Jail Standards, which was compiled and presented from Idaho Max.

Unfortunately for those housed in Arizona, Arizona is without a similar commission to offer independent oversight. Meaning they’ll be relying on IDOC monitors who visit temporarily and have a history of ignoring noncompliance issues.

Which is why we’re asking that questions and issues presented from Arizona be communicated to the Idaho Inmate Family Support Group as well as the Department. Working together, we can audit Saguaro Correctional Center’s daily operations and, when they get there, Florence Correctional Center’s too.

Of specific interest to us this month:

1) If the disciplinary process abides by IDOC Policy 318.02.01.001
2) If the grievance process abides by IDOC Policy 316.02.01.001
3) If restricted housing abides by IDOC policy 319.02.01.001
4) If GED materials and testing have been made available
5) If there are work opportunities
6) To what extent programming is available
5) How much rec is offered daily

Your keeping in touch is appreciated.

ANOTHER STAFF-INVOLVED INCIDENT AT IMSI

Violence erupted in A-Unit in late January. The incident, which involved approximately ten inmates and an unknown number of staff, took place after a group of residents, upset by recurring cancellations of rec and limited time spent out of their cells, attempted to protest by not celling up and, “without warning” were subject to spray.

Last August an article titled “Assaults On Staff Appear To Be Increasing” was censored several times on its way to publication. The question it asked was, “Why the sudden trend?”

Admins of the Idaho Inmate Family Support Group reported after the January incident that they weren’t informed of events taking place.

This publication does not encourage violence.

FOR THOSE STILL WAITING ON THEIR 2020 STIMULUS PAYMENTS

Millions of others are too. Chances are you need to file again.

According to IRS.gov: “If you’re eligible for the credit, and either we didn’t issue you any Economic Impact Payments or we issued less than the full amounts, you must file a 2020 tax return to claim the Recovery Rebate Credit even if you are not required to file a tax return for 2020.”

Late last year, after the courts ruled them eligible, the incarcerated were allowed to file a simplified 1040 to apply for 2019’s Earned Income Payment. This year, when filing a complete return, they’ll want to pay special attention to the instructions for Line 30: Recovery Rebate Credit to receive whatever amount is missing from their payment(s).

Filing can be done online or by mail, and facility paralegals will provide the 2020 forms.

[Sources: Alice De Nisco Rayome, CNET.com-personal-finance/stimulus-check-tax-credit-heres-how-to-get-your-missing-payment-on-your-2020-refund. IRS, Tax Year 2020 1040 and 1040-SR Instructions, pg. 59.]

PELL GRANTS RETURN FOR THE INCARCERATED

It was the Crime Bill of 1994, backed by then-Senator Joe Biden and President Bill Clinton, that did away with higher education funding for the incarcerated. And it was the Pandemic Relief Bill of December 2020 that saw Pell Grants for the incarcerated return.

The benefits are sure to be noticed at state and federal levels, as those who enroll in higher education programs while in prison are 43% less like to recidivate within three years of being released, according to a study done by the RAND Corporation. While they attribute the statistic to better employment opportunities and higher working wages, offering the brain exercises for critical thinking is likely also a contributing factor.

Director Tewalt has announced that IDOC will be working with local institutions to offer degree-granting programs throughout Department facilities.

[Source: Editorial Board, “Felons Are Again Eligible for Pell Grants. It’s About Time,” washingtonpost.com ]

IDAHO SUPREME COURT RULES ON PRISONER EMPLOYMENT

This just in–

Despite Idaho Code §20-209 stating the Board of Correction “shall provide for the care, maintenance and employment of all prisoners,” the Idaho Supreme Court ruled in August that pro se plaintiff Dan Goodrick has no rights to paid or unpaid employment.

According to February’s issue of Prison Legal News, the court noted that, while §20-209 makes providing prisoners with employment mandatory, it doesn’t define “employment.”

And then they went on to deliberate like this:

§20-242A . . . 72 Idaho Code . . . “prisoners are not employees” . . . they are just conducting “labor prescribed by the Board” . . . because of I.C. §20-101: forced labor and slavery . . . Correctional Industries Act I.C Sections 20-242A and 20-408 . . . the Board is merely authorized to make employment in the program available . . . “§20-209 did not create a right of paid or unpaid employment for prisoners or establish employer-employee relationship between the Board and any prisoner” . . . yada, yada yada . . . No dice.

We salute Mr. Goodrick for his efforts.

[Source: Matt Clarke, “Idaho Supreme Court Holds Prisoners Have No Right to Paid or Unpaid Employment,” Prison Legal News, Feb. 2021.]

WRONGFUL CONVICTION ACT LIKELY TO PASS

Following the Senate Judiciary and Rules Committee’s recommendation to pass the Wrongful Conviction Act, the Senate voted in favor, and weeks later, the house.

The bill aims to provide compensation for the wrongly convicted, some of whom appeared in front of legislature to offer their testimony.

Last year’s version of the bill was vetoed by Governor Brad Little, despite only one member of legislature voting against it. Senator Doug Ricks of Rexburg, the bill’s sponsor, is confident this year’s version is one that Little will approved.

If this year’s bill is approved by Governor Little, claimants stand to be awarded $62,000 for each year of wrongful incarceration–$75,000 if they were on Death Row–and an additional $25,000 for each year of parole.

[Sources: Sally Krutzig, “Wrongful Incarceration Act Passes Senate,” postregister.com. KIVI Channel 2 News.]

SENATOR C. SCOTT GROW ATTEMPTS TO SOIL MARIJUANA DECRIMINALIZATION FOREVER

Senator C. Scott Grow of Eagle, in an attempt to preempt compassion for medicinal marijuana, introduced a bill to ban psychoactive substances forever, citing an interest in preserving the moral integrity of a state surrounded by cannabis-advanced economies and medicinal treatments.

Reports that he’s a faith-healer have yet to be confirmed.

Senator Grow welcomes your feedback.

FAIR EMPLOYMENT ACT PRESENTED AGAIN

House Representative Lauren Necochea is again pushing the Ban The Box bill. Reintroduced this year as the Fair Employment Act, the bill aims to prevent employers from requesting applicants disclose felony convictions prior to an interview. The goal is to prevent interviews from being denied to qualified candidates who have been branded by a felony conviction in their past.

Among those opposed to the bill last year, Senator C. Scott Grow, who argued that giving felons a second chance could bring harm to small business.

LIEUTENANT NICODEMUS WINS NATIONAL AWARD
By Cpt. Dagoberto Martinez

The Veterans of Foreign Wars has selected ISCC Lieutenant Tyler Nicodemus to receive this year’s prestigious Police Officer Award.

Every year the award goes to an individual belonging to a municipal county, state, or federal unit tasked with enforcing law as it pertains to their area of responsibility in emergency services, law enforcement or firefighting.

Congratulations Lieutenant Nicodemus, on your hard-earned recognition.

COVID NEWS

Over 24,500 tests have been administered to IDOC residents in three states. More than 4,200 have identified positive and a total of six deaths have been reported as COVID-related.

Idaho’s incarcerated population has yet to be listed with priority for incoming vaccinations. With jury trials scheduled to resume March 1, attorneys, physicians and judges all agree that without the incarcerated receiving vaccinations, community health and safety will be jeopardized by due process.

Erin Sheridan of the Idaho Press nicely summarized criminal justice advocates’ concern with packing courtrooms full of the unvaccinated: “…the criminal justice system has a primary obligation to ensure that a system intended to rectify wrongdoing does not place the lives of those in its custody further at risk.”

ACLU Idaho and the law firm Shearman & Sterling remain in close contact with IDOC while monitoring all forms of COVID-related issues. Those with concerns are invited to participate in the dialogue by forwarding their COVID experiences to:

ACLU Idaho
PO Box 1987
Boise, ID 83701

IDOC has yet report any more testing for those housed at Saguaro Correctional Center.

Following an IMSI inmate worker showing positive in February, a full worker unit was quarantined and the entire facility tested.

View IDOC’s COVID numbers here.

[Sources: Erin Sheridan, “Advocates Call for Vaccinating Inmates to Stem COVID-19 Spread,” Idahopress.com. IDOC COVID Tracker.]

RENICK ON THE RADIO

With over 100 episodes available for streaming, Mark Renick hosts Victory Over Sin, on KBXL 94.1FM, Saturdays at 12:30 pm.

At the end of January Mr. Renick hosted Robyn W. Vander Waal, the director for the National Association for Rational Sex Offense Laws (NARSOL).

In February he welcomed Dr. Julie Compton, an executive leadership coach and author of the book “Rise To The Top.”

Also in February, Idaho’s 19th District House Representative and Assistant Minority Leader Lauren Necochea, who recently appeared at The Reentry Conference, and presented to legislature this year’s Fair Employment Act.

Learn more about Renick and his efforts @ Systemic Change Of Idaho and imsihopecommunityphaseii.com.

SICI CELEBRATES THE RETIREMENT OF INSTRUCTOR MARY ELLEN NOURSE
by Administrative Assistant Leeann Cochems

Mary Ellen Nourse received love and praise for her over twenty years of correctional instruction.

She started out at CCA and, ten years ago, brought her talents to IDOC.

Dedication is the word that comes to mind when it came to teaching her students. She pushed herself and others to succeed. She implemented Job Service SICI and worked tirelessly, invested in her students’ success. She has a quick wit and brightens the room with her colorful outfits and positive attitude. Her happiness and laugh are infectious. She has an amazing life force and was the life of the party when it came to the SICI morale task force.

Mary Ellen has a long list of things to do now that she is retired. She plans on spending time with her husband, continuing teaching as a volunteer and playing the accordion and organ at church. As a long-distance runner, she also plans to improve her standing long jump and shotput distance.

I’m sure she will think of a few more things to do before she gets her first retirement check.

Congratulations Mary Ellen Nourse, you will be missed by all!

ICIO’S DRUG DOG RETIRES AFTER SEVEN YEARS OF SERVICE
by Lt. Greg Heun

Tucker, a lab/pit mix drug drug, started his duties with the Department in July of 2016, after being trained by Sergeant Jerry Walbey of the Garden City Police Department.

When Tucker came to ICIO, he was put under the supervision of Officer Cheryl Davis. For over four years Tucker and her went everywhere together. Those who visited ICIO when Cheryl was working Central Control were probably greeted by Tucker at the ICIO entrance drawer.

Upon Tucker’s retirement, formal adoption procedures were taken, and he continues to live with his ICIO master, Officer Cheryl Davis, but spends much less time in Central Control. One thing that caused his retirement was his hips becoming weak. A drug dog does lots of jumping, getting their noses close to potential high-positioned hiding places, which causes a lot of strain on the hips.

My first meeting with Tucker was at a North Region CNT meeting. Tucker entered the room and went straight to my right-side coat pocket, where I had a piece of deer sausage in a baggie. He returned to that pocket many times at later meetings.

Back in 2016, when Tucker was new at his job, he drew controversy when he discovered and old stuffed rabbit in the ICIO training room and tore it apart. I took a picture of him acting very guilty, with the rabbit scattered in pieces behind him, and labeled the pic “Bad Dog! No Biscuit.” Many staff disagreed with my assessment and commended Tucker for ridding the training room of the ugly stuffed toy.

May Tucker enjoy his retirement.

A BOOK REVIEW

This month we absorbed Emotional Intelligence 2.0, written by Travis Bearberry and Jean Greaves. An almost pocket-sized guide containing 66 methods for dealing with emotions creatively while understanding the path they travel towards reason.

“Emotional intelligence” is a term the authors use to describe one’s overall ability to employ strategies for self-awarenes, self-management, social awareness and relationship management. One can expect 255 pages of wisdom, inspiration and practical advice that will help hone the skills needed to benefit relationships throughout life, both personal and business.

The following passcode, good for one person, can be used by the first person to visit the Emotional Intelligence Appraisal® at talentsmart.com/test: EQ4AXV3NDX

Thank you Diamond and the IIFSG, for allowing us to donate this book to the IMSI library.

INMATE SERVICES AT WORK

“JPAY Trouble Ticket 2-24-21”

Re: Your efforts to capitalize on Black History Month.

In a message you sent the beginning of last month, you promised our DOC 25 movies of cultural significance, centered around historical events and individuals renowned, to be available for entire the month of February, all at the compassionate price of $3.99.

Your offer, on the surface, was a classy display of proprietorship. But when our population visited the category “Black History Month,” the titles available numbered just six. Of those six, I Am Ali, Race, The Blind Side, and From The Rough were offered at the price of $3.99. Pacific Rim and Pacific Rim: Uprising, however, which are both movies that focus on the tribulations associated with piloting gigantic robot fighters during an alien apocalypse set somewhere in the future, were priced above the others at $6.99.

While I certainly admire Idris Elba as an actor, and I’m sure he will be of historical significance in the future as a highly accomplished alien fighter who used his robot war machine piloting skills to save our favorite planet, I can’t help but feel offensively targeted by your political ambitions, and the way you’ve propagandized your stance on immigration reform.

Please walk me through your intent to instill within me radical thinking, the reason you’ve charged us $3 more, and the desecration you’ve planned for our Cinco de Mayo.

Regards,
Patrick Irving
Inmate Services
bookofirving82431.com

SUGGESTION BOX

The John Hopkins Center for Public Health Preparedness has developed a Coursera curriculum for psychological first aid, and made it available for free online. Because such courses help to sustain or enhance the psychological resilience required to weather the daily toll of activity restrictions people have experienced since the arrival of COVID, I suggest the same course could be of use in prisons, where trauma and activity restrictions have always run rampant.

That’ll do it for the month. Stay safe, everybody!

“Stranger”
–The Devil Makes Three

Next: First Amend This!: An IDOC Newsletter, Apr. 2021

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