Previous: First Amend This!: An IDOC Newsletter, Mar. 2021
WELCOME to the April edition 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.
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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 “Q’s 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.
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EDITOR’S NOTE
On December 07, 2019, I presented a letter to the IDOC Office of Professional Standards, in which I voiced concerns of employee misconduct and how staff facing accusations from IDOC residents are allowed, per policy, to investigate themselves.
That letter appeared in our very first issue (Dec. ’19).
It has yet to be answered.
Much more recently, following my participation at the U of I Video Law Symposium–where I spoke of being obstructed from protected communications, and being retaliated against for presenting group concerns–limits were immediately re-imposed on my communications with legislators, legal professionals, media and advocates.
Because grievances have long been exhausted addressing the above issues, and because of the obvious nature in which these issues are recurring, I suspect that the Department may have just extended the statute of limitations on the First Amendment violations that were the raison d’être for this newsletter.
Which incites me to apprise my new audience of scholarly professionals: If at any time you find yourself able, you’ll be more than welcome to take up the case.
Let’s First Amend This!
IDOC RESIDENTS SPEAK AT U of I VIDEO LAW SYMPOSIUM
On March 24 residents Chris Shanahan and Patrick Irving shared correctional experience and insight at the U of I Video Law Symposium with an audience of justice professionals, legal scholars and advocates.
The two presented over Zoom from their respective facilities– Shanahan from Southern Idaho Correctional Institution, Irving from Idaho Maximum Security Institution (Administrative Segregation Unit).
Both residents were chosen for writing submissions soon to appear in the Idaho Law Review.
The event holds significance as an Idaho first.
View the video of the two speaking here.
MORE ON THE ARIZONA CONTRACT
For those currently under the care of CoreCivic, we’d like to introduce you to their Quality Assurance.
QA is a division of CoreCivic that reports directly to the company’s Office of General Counsel. The reason, roughly stated: to operate independently (from the Operations Division ) and eliminate conflicts of interest that arise during audits. Headquartered in Brentwood, TN, the QA Division is referred to internally as the Facility Support Center (FSC).
QA is responsible for the following:
1) Identifying noncompliance in contractual obligations, including deficiencies in health, safety and security.
2) Assuring that operations and programs comply with contracts and performance standards, policies, procedures, laws and regulations.
3) Identifying fraud, waste, abuse, mismanagement and criminal acts–for reporting and prevention.
4) Assuring that financial and administrative controls are in place.
Don Murray, Ph.D. is the Vice President of Quality Assurance. He oversees all of CoreCivic’s Quality Assurance Policies. Therefore we recommend that families contact him directly when experiencing issues their DOC contract monitors show little-to-no interest in addressing.
CoreCivic
5501 Virginia Way, Ste. 110
Brentwood, TN 37027
615-263-3000
corecivic.com
If you’re unable to reach Dr. Murray for assistance, try Corecivic’s Brian Ferrel @ brian.ferrell@corecivic.com, or State of Idaho’s Jason R. Urquhart (CPPO, CPPB) @ Jason.urquhart@admin.Idaho.gov. Because Brian and Jason were responsible for negotiating the contract, one can hope they’ll have an interest in seeing it upheld.
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ANOTHER NEGLIGENCE SUIT FOR CORIZON HEALTH
An ISCI resident has filed a claim of medical negligence against Corizon Health Services for failing to conduct medical tests and treat chronic pain. The suit alleges a misdiagnosis and takes issue with psychiatric meds being prescribed for pain–a common complaint among IDOC residents.
It hasn’t yet been a year since IDOC successfully moved to terminate the Balla class-action lawsuit, brought in 1984 over inhumane treatment and conditions at ISCI. While Balla was active, residents had access to court-ordered health services monitors, but with Balla’s termination they are no longer accessible. Which makes it much harder for those in need to receive adequate treatment: because there’s a lot less pressure for Corizon to behave.
Corizon currently provides services for 180,000 incarcerated patients in 17 states, and was recently sold to the Flacks Groups, which specializes in purchasing poorly functioning companies and making improvements to upgrade their financial performance. As reported in last December’s issue, Corizon has faced 660 malpractice lawsuits in the last five years alone.
According to Matt Clarke of Prison Legal News, “Corizon’s business plan [seems to be] write off the fines and court awards as business expenses but spend nothing to correct the problems.”
Among prior suits brought against Corizon in Idaho: untreated infections that led to amputation.
It will be interesting to watch how Corizon handles COVID long-hauler care, considering how the virus coursed through our prisons like a no-limit smorgasbord.
[Sources: Erin Sheridan, Idaho Inmate Alleges Negligence by Corizon Health, Idahopress.com. Matt Clarke, “Investment Firm Buys Corizon,” Prison Legal News, Nov. ’20.]
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PUBLIC RECORDS REQUESTS
A request for all Board of Correction Meeting Minutes from Feb. ’20 to Feb ’21 was submitted to Interim Records Chief Cindy Lee on February 27, along with a voucher to cover expenses (#56626). As of 3-31-21, the request has yet to be answered.
On March 15 a request for documents pertaining to the Vera Institute’s involvement with IDOC was submitted to the Records Custodian, along with Voucher 163211. This request also has yet to be answered.
According to the Disclosure of Idaho Department of Correction Records Under the Idaho Public Records Act:
The [public records] custodian can respond to the request by 1) fulfilling the request in full, 2) denying the request in full, or 3) denying the request in part. A denial is based upon the exemptions provided by statute or Board rule.
Upon receipt of a written request, a response must be made within three working days. If a response cannot be completed within three working days, an extension notice must be completed.
The extension notice must be sent to the requestor within the original three working days, to fill the request.
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MORE STIMULUS PROBLEMS
As discussed in March, millions of folks still waiting for their 2020 stimulus checks were asked to file for the Rebate Recovery Credit on 2021’s return.
This reporter, having filed as requested, encountered the same complications now being experienced by others: An IRS notice was delivered to his last-known, 2014 address, and he was given 30 days to confirm his identity or else his return would not being processed.
The letter instructs its recipient to call 800-830-5084 between the hours of 7:00 a.m. to 7:00 PM and verify their identity using its contents, along with copies of multiple tax returns and the documents needed to support those returns.
Those unable to verify their identity over the phone are required to schedule an in-person appointment at their local IRS office.
The letter suggests that one can file a Form 2848 (Power of Attorney and Declaration of Representative) if they have contacts available to offer an assist.
It is unfortunate that many will not receive the notice, and of those that do, many will have neither the assistance of an acting representative nor the documents requested to verify their identity.
It is also unfortunate that many DOCs (mine included) are not informing their facility residents that the government may have already requested they follow up on their checks.
HELPFUL INFORMATION
For those unable to proceed with Form 2848 in the timeframe offered, we recommend contacting the Taxpayer Adocate Service (TAS).
The TAS, an independent organization within the IRS, is there for those who’ve been unable to resolve problems with the IRS, or those who believe an IRS system, process, or procedure isn’t working as it should. TAS assistance is free, and they will do everything possible to help you. Go to www.taxpayeradvocate.irs.gov or call 877-777-4778.
Tax professionals independent from the IRS may also be able to offer assistance.
Low Income Tax Payer Clinics (LITSs) can represent low-income persons before the IRS or in court. LITCs can also help persons who speak English as a second language. Any services provided by an LITC must be free or [provided] for a small fee. To find an LITC near you:
— Go to www.taxpayeradvocate.irs.gov/litcmap;
— Download IRS Publication 4134, Low Income Taxpayer Clinic List, available at www.irs.gov/forms-pubs; or
— Call the IRS toll-free at 800-829-3676 and ask for a copy of Publication 4134.
State bar associations, societies of accountants or enrolled agents, or other nonprofit tax professional organizations may also be able to provide referrals.
Click here for more questions, answers, and forms to assist.
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COVID NEWS
Over 28,800 tests have been administered to IDOC residents in three states. More than 4,350 have identified positive and a total of six deaths have been reported as COVID-related.
Governor Little has expanded the current eligibility for the COVID vaccine to include all IDOC residents currently housed in Idaho. Approximately 600 have received their first shot and IDOC is working to obtain enough vaccine to provide immunization to any resident who wants it.
Because IDOC is unable to forecast which vaccine(s) will be delivered, they’ve provided residents with fact sheets for Moderna’s, Janssen’s, and Pfizer-BioNtech’s.
www.modernatx.com/covid19vaccine-eua
www.janssencovid19vaccine.com
www.cvdvaccine.com
Regrettably, we’re not informed of the progress Saguaro Correctional Center has made. If you have questions regarding those housed in Arizona, we recommend that you contact the IIFSG.
ACLU Idaho and the law firm Shearman & Sterling are in it for the long-haul. They will remain in close contact with IDOC while monitoring all issues related COVID. Those with concerns are invited to forward their COVID experiences to:
ACLU Idaho
PO Box 1987
Boise, ID 83701
When asked about returning to the pre-Covid rec schedule, Lt. Gibney stated that the Department will remain under cohort regulations until otherwise instructed by the state epidemiologist.
View IDOC’s COVID numbers here.
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WE REGRET TO INFORM YOU
Last month, while visiting family in Utah, NICI Deputy Warden Brad Lutz passed away unexpectedly following a medical emergency.
Warden Lutz’s career in public service started with the Idaho Department of Health and Welfare, where he worked for three years before moving to Corrections in 1999. In addition to serving as NICI’s deputy warden, Brad also acted as the program manager.
He is survived by his wife and four children.
We join the Department in expressing their deepest sympathy for Warden Lutz’s family, as well as in asking that thoughts and prayers of strength and comfort find their way to those suffering from Brad’s untimely loss.
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A LOOK AT IDOC’S AD-SEG REFORM (BY WAY OF GRIEVANCE)
Location: IMSI
Grievance Number: IM 210000080
Category: Conditions of Confinement
Offender: Irving 82431
Date received: 02/19/21
The problem is: Policy 319 (Restrictive Housing) requires “guidelines to ensure that inmates placed in restrictive housing (short-term or long-term) for a period in excess of 15 days will have opportunities for three hours or more per day time spent out of their cell.” These guidelines were never established.
I suggest the following solution: Please establish the guidelines that Policy 319 mentions so that your facility residents know what they have to look forward to in the future.
FAT LEVEL 1 — INITIAL RESPONSE by Lt. Justin Gibney
In response to Policy 319, IMSI introduced our Ad-Seg reform program. Initially IMSI introduced the use of programming chairs on the tiers. Residents were offered 1 hour out-of-cell time for recreation, as well as 1 hour in the programming chairs. However, this program was suspended shortly after its introduction, due to the increase of violent acts from the resident population while they were in the programming chairs.
IMSI looked at several other options including a table enclosure, on-the-tier enclosures, and the reintroduction of the programming chairs. However, shortly after these were completed, IDOC, and the world, was affected by COVID-19.
IMSI is still committed to Ad-Seg reform. However, at this time we still have positive cases of COVID-19 in our institution, and we are unable to implement these changes. I do not have an answer of how long COVID-19 will impact our daily operations, or the future of IMSI.
LEVEL 2 REVIEWING AUTHORITY RESPONSE by Captain Klinton Hust
Lt. Gibney is correct in his response. We are unable to accommodate this due to COVID-19 and practices that were put in place got people hurt rather than helped. Unfortunately the RHO states the time allotted, but we are unable to accommodate this right now.
OFFENDER APPEAL
Lt. Gibney states that only two hours out-of-cell time have ever been planned, yet the policy calls for three. A full year passed without mandate being put in place prior to COVID ever entering Idaho. Where some enclosures were installed months before COVID, they were never used, and there was time to install more. COVID simply does not excuse the full year pre-COVID that IDOC failed to abide–the policy was publicly approved in March of 2019. Policies exist to establish the rules, not to display the Department’s wishful thinking.
It should also be noted that this grievance intended to address the failure to provide reliable policy, not complain about Conditions of Confinement. That said, I consider myself at fault for the miscommunication, and ask that this grievance finish its process in the category it started, with the understanding that my issue will need to be refiled in the future.
LEVEL 3 APPELLATE AUTHORITY RESPONSE by Warden Tyrell Davis (3-12-2021)
I have reviewed the grievance and concur with the Level One and Two responses. We are currently in the process of assessing and reviewing Policy 319 as an agency.
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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.
This month we were introduced to Deputy Director Bree Derrick, who offered some background on her education in psychology and holistic counseling, and touted the current administration’s commitment to exploring new approaches.
Local author Teresa Nickell, who wrote the “The Girl In My Wallet,” appeared on the show and opened up a bit with some of her history. From incarceration, through healing, to success as a business professional, Teresa’s story is one you can look forward to reading.
Michael Perry from St. Vincent de Paul’s Southwest Idaho advocacy arm stopped in to discuss his involvement in rolling out reentry services to Canyon County. Mike is available as a recovery coach/advisor–not a mentor or sponsor but a friend in transition. He will be opening an office in Region 3 this month, inside Canyon County St. Vincent de Paul’s thrift store. Region 3 residents are invited to stop by.
Speaking of new offices, those released from the Kuna desert are encouraged to stop by Mark and friends’ new office at 3217 W. Overland Rd. in Boise, M-F between 9-12 in the morning, and get set up with vouchers and information to help with their transition.
Those in the desert needing a lift can ask their case managers to call Renick’s team ahead their release date, so that they can pick you up and help you find their office.
Learn more about Renick and his efforts @ imsihopecommunityphaseii.com.
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CPOF HELPS ICIO OFFICER WHOSE HOUSE WAS DAMAGED BY FIRE
by ICIO Lt. Greg Heun
Recently ICIO Officer Julia Senior receive a $500 check from the Correctional Peace Officers Foundation (CPO) to help repair fire damages to their home. The money came from the CPO Catastrophic Assistance Program for those in the correctional profession and their families in time of emergency, crisis, or other dire need.
This past New Year’s Eve, the Seniors’ motorhome, parked next door to their home, caught on fire. The radiant heat caused severe damage to the side of their house. The Seniors were thankful their neighbors and the fire department responded quickly to the emergency and were able to help them save their home, but, unfortunately, their motorhome was a total loss. The money will go towards repairing the fire damage to their home.
Special thanks to Sergeant Kristi Parker from NICI and Corporal Lacy McClintock from ICIO. Both are IDOC representatives for the CPO foundation and submitted to the Foundation for the needed relief. The CPO Mission Statement reads: The purpose of the [CPO] is to operate and maintain a general fund for the perpetuation of the memory of those Correctional Peace Officers killed in the line of duty; to provide for their spouses, children or other beneficiaries; and to promote and project a positive image of the Corrections profession, both internally and to the general public. As one can see by their help to the Seniors, they go well beyond this in helping correctional staff in need.
I have been a member of the CPO for over 20 years and do a simple payroll deduction every month. As a member you receive a quarterly CPO magazine covering the work CPO is doing across the nation–especially for families of fallen corrections staff.
I encourage all correctional officers to contact their facility’s CPO representatives today!
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FAT! BOOK DRIVE/REVIEW
For the last few months we’ve been promoting our book drive. Our goal this time? Persuading institutions of higher education to try and write off their outdated course materials as donations that help to improve their local prison libraries.
That said, we’ll welcome contributions from anyone, so long as they are sent from a retailer or publisher in accordance with IDOC’s mail policy.
To contribute to IMSI’s library, ship to:
Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707
This month’s review was made possible by our friend Diamond Guitar-Judd with the IIFSG.
The New Jim Crow: Mass Incarceration in the Age of Colorblindness
by Michelle Alexander
“Because mass incarceration is officially colorblind, it seems inconceivable that the system could function much like a racial caste system.” Which is why Alexander’s profoundly engaging, well-researched presentation is so incredibly important for understanding how it does.
From a justice system that disproportionately processes a very specific demographic, to the tactically implemented barriers preventing reintegration and reentry, Alexander offers more than just history but a course of in-betweens, and helps to evolve the reader’s understanding of how heinous systematic undertakings require tacit participation in ways that aren’t always understood.
Alexander successfully presented without emotional calls, which allowed this reader to easily digest her correlations and logic.
Following this review, this book was donated to the IMSI library, where we believe it will make a fine edition.
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A RESPONSE TO INMATE SERVICES
[The 1-26-21 Inmate Services request appeared in our February Issue]
3-15-21
Mr. Irving,
I received your letter on 3-14-2021 regarding your “quest to uncover programs and resources” and I apologize that it has become somewhat of a frustrating process. I am not sure exactly what you are looking for but it seems like some pre-release programming and resources that might be available after your release.
Information regarding resources from the One Stop Reentry Center will need to be provided by the staff at the facility. As far as pre-release programs, those are facilitated by facility case managers and instructors. It looks like from the last part of your letter you are requesting information for becoming a Shaman for the Cult of Sexual Anarchy but I do not know to what you are referring. Perhaps you could discuss this with the VRC, Rob Wright for a bit more clarification.
Jeff Kirkman,
Program Manager
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SUGGESTION BOX
Prior to spraying the next group of offenders for “refusing to return to their cells,” it is suggested that you first check to see if their cell doors are open. This might help eliminate any confusion over whether they’re defending themselves or trying to attack you.
This publication does not encourage violence.
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Thank you for your audience. See you next month!