Previous: First Amend This!: An IDOC Newsletter, Sept. ’21
WELCOME to the October issue of First Amend This!
This publication provides an insider 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 to keep the conversation going.
Offender friends and families 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
Director Tewalt recently published a particularly powerful, personal experience as a Director’s Update on the IDOC website. Elegantly written, it was an incredibly heart-wrenching matter, and it felt inappropriate to place it in an issue with gripes. I can’t recommend enough that you take the time to check it out. I feel it’s one worth sharing; possibly you will, too.
For those of you noticing this issue was published late, consider it a sign that I need I some time outside my cubby and away from the stick of Deputy Warden Susan Wessels.
Some of you are already familiar with the story of how, three years ago, I participated in an out-of-state, private prison protest that was used as a reason to place me in Max. With three the lucky number, I can now mention how the overwhelming majority involved in that week’s worth of incidents held onto their lower-security classifications after returning to Idaho–including several with infractions that were much worse than mine. For months, one was even able to wash my ad-seg window as an ever trusted janitor with wonderful information.
Needless to say, being singled out really rubbed my feels all wrong.
And I have an amazing memory.
Let’s First Amend This!
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WHILE NINE FIGURES CAN BE SPENT TO ADDRESS OUR OVERCROWDING, TWO SHITS CAN’T BE GIVEN TO PREPARE US FOR PAROLE
We bring you a Department now deep in crisis, hundreds of millions of dollars are the cost of their peril, with staff-to-resident ratios rapidly rising, more beds are direly needed, and the COVID doth compound…
With $6,000,000 in efforts to mitigate recidivism, $170,000,000 asked for to build a brand new prison, and $5,500,000 withdrawn to deal with understaffing, someone has forgotten to print the goddamn packets that prepare us to be interviewed for that release valve called parole.
Per Policy 607.26.01.014 (Program Management for Inmates), correctional case managers (CCMs) are responsible for distributing Parole Hearing Interview Packets four months prior to their clients’ scheduled hearings.
But according to at least one case manager, who I heard from my cell chastising a neighbor, this particular mandate is strictly ornamental. “Trying to [hold me accountable] for not getting you your packet is like me writing you up for that cover on your lamp…”
For this case manager, the following apparently doesn’t matter: 1) The imprisoned have no influence on the remainder of your life; 2) The imprisoned aren’t paid by the state to not handknit themselves a lampshade; 3) The imprisoned never interviewed to provide their potential caseload with the papers required to reunite them with their loved ones.
What all case managers know is that parole is not a given. It requires a hearing with plenty of planning and relies on the discretion of those who make the Board. Deliberative with details, they require much information; and like other judicial hearings, it’s not to be taken lightly.
Which is why when packets for August arrived in September, several on my unit found themselves in a panic.
CCM Hottinger, I wrote Ms. Hutchins a concern form asking for an extension on…my personal history questionnaire. I woke up for breakfast on the morning of September 16 and it was lying on the floor in front of my cell door. The date it’s due is 9-27-21. That leaves me just 11 days to prepare a whole parole plan and fill out two lengthy and complex questionnaires! If I would’ve just gotten it when I was suppose to…I would’ve had two months [to work on it]. I had to push the issue to even get it at all! I feel a two week extension, all things considered, is appropriate. Don’t you?
The concern was returned with this unsurprising response:
You can take as long as you need but if the [pre-hearing investigator] schedules your hearing and it isn’t ready, that is on you. It does not take more than a few days to complete it if you have prepared for this as much as you say you have.
Though my neighbor is a man who just lost his mother–the person he relied upon to assist with his parole plan–his represents neither an isolated incident nor a special-needs example. Collecting the information required for the parole hearing interview is, in fact, an incredibly tedious process. One that entails collaborative communication between counselors, case managers, families, physicians, landlords and employers–just to name a few. And without access to the internet or reliable use of the phone, it can take several weeks to place your best forward and make the case on paper that you’re ready for parole. Eight working days is not enough time.
The IDOC Parole Hearing Interview Packet has since been transcribed and made available here. If you know of someone soon up for parole, please help prepare them for their pre-hearing interview: they’ll be asked to provide letters of reference and verification; criminal, work, treatment, scholastic and military history; histories from family and/or people they’ll be living with; and prospective employment, housing and treatment programs details–with primary and secondary plans required for all.
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THE PERSONAL ACCOUNTS WE PURGE FROM OUR RECORDS
by Jason Hodge and Patrick Irving
IDOC records rules have changed. Not long ago the Department discontinued the centralized storage of resident concerns. Several staff were recently asked and said that the forms used to communicate issues are now held only by the person to whom they were addressed. “For no longer than a year,” per the typical response. Once that year is up, unless formally escalated and filed as a grievance–a process many opt to forego for fear of retaliation or a lack of results in the past–all concerns of safety, treatment and procedural confusion are unceremoniously purged from the public domain.
The rule change coincides with new IDOC commitments to operate transparently, as well an a addiction awareness campaign led by prominent members of Idaho media. Though they continue requesting more compassion for the addicted and mentally ill, their coverage shies away from the substandard treatment offered in our prisons.
So how about a better look at who and what we throw away?
8-25-21
To: B- Unit Clinician, Mr. Baumgartner
I would like a form to release my State Hospital South (SHS) records to you for reevaluation. Specifically, I would like to evaluate the possibility of getting back on the medication they put me on. Corizon told me when I got to [the Reception and Diagnostic Unit] they couldn’t afford some of the medication I was on, so I got off. Maybe this new provider won’t sacrifice our health and well-being to save a buck?
Re: Fill this out and just send it back to me so we have it and I will talk to the provider about it.
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9-2-21
To: Policy Coordinator
Do policies stand as written or can information be added to them to make them fit a situation?
Reply: The answer is ‘no’. Policies are broad statements that generalize the intent of what the agency wants to accomplish. SOPs provide the details of how that intent will be carried out, but still must stay within the same scope.
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9-8-21
To: CCM Hottinger
According to SOP 607.26.01.014, sec. 14-4, I am to be given a Commission of Pardons and Parole personal history questionnaire FOUR MONTHS BEFORE my parole hearing. I have repeatedly mentioned to you I have a parole hearing in Dec. That’s 3 months away, which exceeds the above mentioned policy. I should’ve gotten the questionnaire around the time you went beyond the scope of written policy to erroneously make a [Violent Risk Appraisal Guide] assessment on me. Could I please get the questionnaire? Thank you for your time and consideration CCM Hottinger, have a great day.
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9-11-21
To: Clinician M. Baumgarter
Mr. Baumgartner, I did make an issue about my medications when I got to ISCI’s RDU unit in July 2017. I was still on my meds then, and it took a lot of tests and trials over the years to find the right combination that works, so I don’t know why you can’t find anything in the computer. The reason I was given why I could no longer receive “some” of my meds was cost. My family owns businesses and has money. Maybe they can make up the difference? I need to get this figured out to see what my options are. Maybe if I had better control of my mental health, I could make better decisions?
Reply: At this point our only real options are for you to have an initial assessment, send that to the provider and have you seen for med options.
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9-15-21
To: Correctional Case Manager Hottinger
I still haven’t received an answer back on the concern form I sent you regarding my Personal History Questionnaire Packet. You said it’s not your job to pass [it out], that it’s someone else’s job and you replied back to me with their name. I still haven’t gotten your response or their name. I have an upcoming hearing and would like to prepare for it. I need that person’s name please. Thank you.
Reply: Her name is AA Hutchins. I don’t know what is wrong with the mail because the packet was put in the bag on Monday and my reply on Tues.
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9-16-21
To: AA Hutchins
Ms. Hutchins, I woke up this morning and found a personal history questionnaire under my cell door. It said it’s due to be turned in by 9-27-21. That is just 11 days away! I am requesting an extension. According to policy 607.26.01.014…I am suppose to receive the questionnaire 4 months BEFORE my hearing. I received it 6 weeks late. Now I only have a week and a half to prepare a whole parole plan and fill out 2 lengthy and complex questionnaires. If I would’ve gotten it when I was suppose to, I would’ve had plenty of time. I need a little more time. Thank you.
Reply: This was discussed w/ CCM Hottinger. [Signed by CCM Hottinger]
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9-16-21
To: Public Records Custodian
On August 22nd I submitted two (2) separate public records requests to your office. Your office received them on August 24th and granted my requests. The attached form said “you should receive these documents in the mail soon.” I have yet to receive any documents…and would like to know their status. I tried calling your office this morning but couldn’t get through to either number I have. Thank you for your time and consideration.
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9-22-21
To: Jesse Winkelman, Constituent Services
I just received your response to my public records request dated 9-3-21, which you granted in part and denied in part. In your notice of action you stated you attached the documentation on programs. I never received any attachments. Can you please send me the granted information? I have been getting a lot of granted requests where the documents were to be attached or sent by mail but never showed up. I am still waiting on documents from late August. Might it be best if my family stops by your office and picks up the documents?
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9-22-21
To: Clinician Baumgarter
Just so I am clear and straight on the issue, Mr. Baumgarter, you can’t find any reports or files (other than what I’ve given you) from State Hospital South on my treatment there, or information on the medications I was on when I entered IDOC July of 2017, nor would any such above mentioned factor in or even be considered if I was to request an initial evaluation? I just want to figure out my mental health, sir.
Reply: Outside of the information on the [pre-sentence investigation report] there is no records of meds or hospital stays. I would include such information in an assessment. However, your current approach to treatment would rely heavily on current reported and observed symptoms*
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9-26-21
To: Jesse Winkelman, Constituent Services
I was instructed to contact you regarding my two missing public records requests from late August. I still have not received the two requests granted on Augus 24th, but [you said] that you did send them. You are an educated professional and your integrity is not in question. I’m not saying that you didn’t send them, just that I never received them. If I have to pay a charge or have my family stop by and pick them up, that’s good by me. I would just like to resolve this and get the granted documents. Thank you for your time and consideration.
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Multiply by decades and again by several thousand and you’ll have a vague idea of who and what we throw away.
*Whatever symptoms can be observed floating by a window, three times a week at most, to verify he’s still alive.
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AN UPDATE ON THE STAFFING SITUATION
Along with new hire and employee retention bonuses, an increase in prison wages appears to be taking effect. Over 130 new applications were reported following a job fair held in September. Though hourly starting wages have been raised from $16.75 to $19.00 for new hires, legislative action will be required to make the pay raise permanent.
Probation and Parole officers, also experiencing staffing issues, were not included in this round of incentives.
According to the Idaho Press, prison workers employed at Ontario’s Snake River Correctional Institution are still making $3.64 an hour more than they would in Idaho.
According to minutes from July’s Board of Correction meeting, the day of their release, workers who started at CS Beef while incarcerated are still making $3.00 an hour more than IDOC’s newest recruits.
Source: Ryan Suppe, Idaho Press, “After Pay Boost, Department of Corrections Sees Applicant Spike.”
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AN UPDATE FROM DIRECTOR TEWALT
As the state continues experiencing the Delta variant, Idaho has seen COVID-19 cases increase rapidly since July. On July 1st, the state recorded 91 positive cases, and in the month of September, the state averaged over 1,000 new cases per day, with several days nearing the 2,000 mark. As a result, hospitals statewide have become overwhelmed and the state has instituted crisis standards of care.
We’re not immune to what’s happening in the community. Within IDOC, we’ve seen the number of staff testing positive increase significantly. In April, May, June and July, we saw less than 10 cases in each month, but from 8/23-9/23, we had 72 new positive cases [among staff]. That’s 10x the cases we had in July. On the resident side of the house, we saw resident cases stay under 50 for April, May and June. In July the number climbed to 56, and continued climbing to 137 in August, and 156 as of September 24.
Moving forward, you can expect weekly updates out of my office or the Incident Command Team’s. As a reminder(,) we also update the website weekly with figures on testing, positive cases, and vaccination rates.
[Originally posted 9-24-21 on the IDOC website.]
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COVID NEWS
Since the start of COVID, over 45,000 tests have been administered to IDOC residents housed in-state, with no testing this year for those housed in Arizona.
Last month we incorrectly reported over 5,200 residents have identified positive. The number is believed to have been closer to be 4,200. View IDOC’s current COVID statistics here.
Idaho courts have placed jury trials on hold again. It’s unclear when they will resume.
The visiting situation remains extremely fluid. IDOC’s website should provide the latest news.
Staff are being surveyed to gauge their interest in a booster shot. Meanwhile, several residents who missed out on the first round of vaccinations are still waiting for the follow-up promised in July.
Those with COVID concerns are invited to forward their grievances to:
ACLU Idaho
PO Box 1897
Boise, ID 83701
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RENICK ON THE RADIO
With over five years of episodes available for streaming, Mark Renick hosts Victory Over Sin on Boise’s KBXL 94.1Fm, Saturdays at 12:30 pm.
This month Mark introduced the newest members of the RECON recovery team, Sara Hill and Carey Weber. Both have extensive experience with individualized reentry work and are excited to work as coaches and be of community service.
Activist author Aaron Kocharski from the Recovery Advocacy Project brought his advocate history and organizational skills to the show. Aaron will be working with Mark in the very near future to organize recovery efforts all throughout Idaho. Learn more about the Recovery Advocacy Project @ recoveryvoices.com.
Learn more about Mark’s reentry effort @ svdpid.org and svdpid.org/advocacy-systemicchangeofid.
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RESIDENT AUDITING 101
Board of Correction minutes for 2021 are now available. View them online @ www.idoc.idaho.gov/content/directors_office/board_of_correction.
Following months of requests for policy outlining Ad–Seg hearing and release procedures, this response was delivered without attribution: “[The policy] is currently being reviewed and no documents are available at this time.” This is now the third year the policy has been in review.
Per a public records requests for figures pertaining to program funding: “[IDOC] does not receive Federal or State money specific to delivering programs, nor does IDOC cost the program by residents.”
A request for IMSI’s staffing levels returned figures showing 124/167 positions were filled in the month of September. According to IMSI staff, however, there have been days where staffing levels were 55%. A wide array of operational disruptions have us leaning towards the numbers provided by facility staff.
A request for reports pertaining to violent or confrontational incidents at IMSI from Jan. 1 to Aug. 15, after being granted, was lost in the mail.
Same with a request for 2021 and 2022’s fiscal budget.
Constituent Services Manager Jesse Winkelman recommends those with public records concerns contact him directly at 208-658-2134, a number that is not answered when dialed from our facilities.
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INMATE SERVICES AT WORK
9-19-21
Dear Senator Burgoyne,
Thank you for responding to my last letter with an interest in exploring more correctional programs. Enclosed is one I designed from Administrative Segregation. It cost me practically nothing, and while I continue to shop it around, thus far IDOC has yet to acknowledge the effort or express any interest. Perhaps it would pay for the Department to include community feedback when exploring future options? Please consider the idea as you approach deliberation.
The presentation I’ve enclosed can be found at bookofirving82431.com
Respectfully,
Patrick Irving 82431
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SUGGESTION BOX
I suggest formalizing the criteria that allows one to choose whether they themselves are to be held to policy, and then making it available for those few to further ignore.
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Thanks for sticking with me, folks, and for ignoring the fact that I probably missed a few edits.
See you soon.