Previous: First Amend This!: An IDOC Newsletter, Dec. ’21
Welcome to the January edition 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, copy and paste, or print and send this issue to another.
Friends and families are encouraged to join the Idaho Inmate Family Support Group (IIFSG) on Facebook or contact them at idahoinmate@gmail.com.
Those looking to share their experience with Idaho’s justice system are asked to contact Erika Marshall with the Idaho Justice Project.
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EDITOR’S NOTE
New Year resolutions:
1) Eliminate lifetime library bans at IMSI.
2) Civilly speculate as to why a grievance requesting some form of record be kept to prevent more charitable donations from going unaccounted for is now three months overdue in its return from Central Office.
3) Continue revisiting the fact that one box of betterment books donated from Idaho communities last year couldn’t be found in all of Deputy Warden Wessels’ prison.
4) Send one newsletter a month to an Idaho legislator and ask that they consider following up on a few issues.
5) Offer the Consumer Financial Protection Bureau more reasons to fine JPay for ripping us off in the millions.
6) Maintain my boyish charm.
Let’s First Amend This!
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DEATH AT IDAHO STATE CORRECTIONAL INSTITUTION
It was reported last month that an ISCI resident was beaten to death overnight in his cell. With respect to Department policy, all parties involved and their families, we ask that you view this story at the links provided below.
[kivitv.com, ktvb.com, Idahostatesman.com]
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STATISTICAL ANALYSIS CENTER RELEASES REPORT ON IDAHO RECIDIVISM
In collaboration with the Idaho Department of Correction and the Idaho Supreme Court, the Idaho State Police’s Statistical Analysis Center (ISAC) recently compiled a report to illustrate Idaho’s recidivism problem.
Author Thomas Strauss, MPA, pieced the report together using data from 2017 — three years after the Idaho Legislature passed a justice reform initiative in effort to reverse the state’s increasing incarceration rate.
The 2014 JRI bill targeted at-risk individuals with various forms of programming, mandated the use of Evidence Based Practices (EBP) in community supervision, and created a Limited Supervision Unit within Probation and Parole while adjusting the way they responded to technical violations. It also required the Idaho Department of Health and Welfare to report regularly on the state of IDOC programming and the needs of their clients.
Despite the efforts put forth in this bill, Strauss found that in 2017 Idaho had the highest rate of citizens under supervision in the Western United States, with 1 in 25 adult Idahoans in jail or prison or managed by the state on probation or parole. The same year, in the face of one of the lowest violent and property crime rates in the West, Idaho’s prison incarceration was found to be second in the region, behind Arizona’s.
According to Strauss’s findings, the rate of Idaho citizens under punitive supervision remains one of the highest in the western United States.
IT FIGURES…
In 2017: 1 in 148 adult Idahoans were in prison, 1 in 102 adult Idahoans were incarcerated in either jail or prison, 1 in 48 adult Idahoans were under supervision for a felony conviction, and 1 in 25 adult Idahoans were were under supervision following some form of conviction.
Regional rates of imprisonment per 100,000 residents:
Arizona — 599
Idaho — 500
Nevada — 456
Wyoming — 427
Oregon — 367
Colorado — 356
Montana — 352
New Mexico — 348
California — 331
Washington — 265
Utah — 208
Based on the results of Strauss’s report, the ISAC recommended that Idaho adopt a broader definition of recidivism to “allow researchers the flexibility to evaluate many different contexts and research questions, which will give policymakers much more detailed and complete information about patterns of reoffending in Idaho.” It was also recommended that efforts to improve data collection and data sharing be continued and prioritized, and that additional research be granted to help fill in missing data sets and determine effective interventions for those who are reoffending.
Source: Thomas Strauss, MPA, “Recidivism Rates Among the Idaho Department of Correction’s Supervised Population,” Idaho Statistical Analysis Center.
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HOUSING PROBLEMS: A MESSAGE FROM REENTRY MANAGER TIMOTHY LEIGH
Currently, housing in Idaho is in very short supply; and that includes transitional housing for people leaving prison. This means returning citizens could face delays in their release if they are planning to utilize IDOC transitional housing. While we are working hard to find solutions, we ask that safe alternatives to transitional housing be considered, such as the possibility of living with friends or family.
Below is additional information about the housing shortage in Idaho right now.
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- In the most recent census (2020), the state of Idaho grew by 17.8%, making it the second fastest growing state in the country. Out of that growth, around 70% flooded the Treasure Valley area.
- The average rent in the treasure valley is up 30.8% since 2020, which equates to the average rent in Boise being around $1650.
- The current vacancy rate of rental properties in the treasure valley is less than 1%. This makes renting a very challenging and competitive process for the average adult and even harder for people coming out of prison.
- A few transitional housing providers have been forced to reduce the number of houses they had available for transitional living due to the owners of the homes choosing to sell the home instead of renting it to our provider.
- There are very few options for low-income rentals and housing, which in turn makes it hard to transition out of transitional or sober living homes.
- Returning citizens are staying in the transitional homes much longer, and in some cases have lived there upwards of 7 years. This long-standing issue has compounded over the years.
Case managers are working very hard to find their clients transitional homes, but supply is extremely limited. Again, it’s recommended by IDOC to their caseload that all options be considered and case managers be kept aware
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CASE MANAGERS AND PRE-HEARING INVESTIGATORS NO LONGER ALLOWED TO PROVIDE PAROLE HEARING INPUT
Sources from within the Department have confirmed the Idaho Commission of Pardons and Parole is no longer accepting parole recommendations made by correctional case managers (CCMs) and pre-hearing investigators (PHIs).
The reason, they say, is that CCMs and PHIs can be too easily manipulated into providing favorable recommendations.
It’s a decision that’s confusing for all, and any evidence it’s based on has yet to be provided: Examples where there have been recommendations being made for inappropriate reasons have not been discussed openly.
Thus, we find ourselves questioning if the decision was ill-founded, and wondering if disheartening effects have been felt among the staff who are best equipped to gauge to the potential of their caseloads.
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CLEMENCY HEARING FOR DEATH ROW RESIDENT
In early December the Idaho Commission of Pardons and Parole was still deciding whether to proceed with the execution of Gerald Pizzuto.
Where the Board ended up ruling in 4-to-3 favor of allowing Pizzuto to painfully perish of natural causes, Gov. Little overruled them in favor of execution.
What comes next is currently unknown. Pizzuto, terminally ill, on hospice care and suffering from brain damage and mental disabilities, has had several court challenges filed on his behalf, including a petition to the U.S. Supreme Court.
While the Supreme Court petition focuses on his abated mental capacity, federal court challenges take issue with the excessive amount of suffering he may experience should the lethal injection drugs inimically mix with his existing health conditions.
According to the Idaho Statesman, “One court challenge in Pizzuto’s case argues that the state formed its lethal injection execution protocols without the proper public input and notification.”
It isn’t the only time the public has been shielded from the means that Idaho uses to implement the ultimate penalty. Not so long ago University of Idaho Professor Aliza Cover successfully sued the Department for refusing to release information pertaining to drugs purchased for executions. Cover’s initial request was made after a separate court complaint alleged now-Director Josh Tewalt purchased lethal injection drugs with a suitcase full of cash in a Tacoma, Washington, Walmart parking lot in 2012.
In a discussion on the Idaho Matter’s Reporter’s Roundtable, it was learned that this was the second clemency review since 1977, when Idaho reinstated capital punishment.
Sources: Ktvb.com. 12-03-21 Idaho Matters broadcast. The Editorial Board, “Lack of Transparency, History of Errors Means Idaho Should Hit Pause on Executions,” Idahostatesman.com.
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HUMAN RIGHTS DEFENSE CENTER SUES TO PROTECT “PRISON LEGAL NEWS” FROM CENSORSHIP IN IDAHO
The Human Rights Defense Center (HRDC), a non-profit 501(c)(3) organization founded in 1990, is suing Canyon County Sheriff Kieran Donahue for censoring, among other things, Prison Legal News, a monthly legal publication that reports on prison, jail and criminal justice-related news and court rulings.
HRDC asserts through the court that Sheriff Donahue’s ongoing practice of rejecting their materials violates the Free Speech Clause of the First Amendment.
In addition to publishing Prison Legal News, books about the criminal justice system, legal references and self-help books for prisoners, HRDC also leads the Stop Prison Profiteering Campaign and the Campaign for Prison Phone Justice, as well as the Prison Ecology Project and the Freedom of Information Act Project.
An avid subscriber and supporter of Prison Legal News, this journalist finds himself uncontrollably delighted every time he opens the publication to discover new actions taken (usually in the form of lawsuits) by HRDC to protect the imprisoned and their supporters from having their constitutional rights siphoned away.
Their list of wins is long and growing, with their most recent lawsuits mentioned by Newsweek: HRDC vs. Indiana Department of Corrections, Lincoln County in Wisconsin, Sherburne County in Minnesota, Johnson County in Kansas, Vermont Department of Corrections…
Those interested in learning more about HRDC efforts are encouraged to visit the following links:
www.humanrightsdefensecenter.org
www.prisonlegalnews.org
www.criminallegalnews.org
Stop Prison Profiteering Project
Prison Ecology Project
Source: Erin Brady, “Publisher of Prison Legal News Magazine Sues Idaho Jail for Allegedly Censoring Mail,” Newsweek.
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BOARD OF CORRECTIONS VICE CHAIR SPONSORS HUMAN RIGHTS CLASS
by Education Manger W. Charles Durrant
On Tuesday, November 30th, Vice Chairman and local businessman Dodds Hayden visited Idaho State Correctional Institution’s education department and Robert Janss School to participate in a weekly session of the Boise State University course, Intro to Human Rights, taught by Dr. Susan Fry.
The seven-week course, offered to fifteen residents of ISCI, was paid for by Mr. Hayden as part of a donation designed to provide educational opportunities to incarcerated citizens. Due to Covid-19 restrictions, the class sessions have taken place remotely over Zoom, with Dr. Fry at her home and the students in a classroom. This was the third such BSU course at ISCI sponsored by Mr. Hayden, with the previous courses consisting of a Civil War comparison/contrast of General Robert E. Lee and Joshua Chamberlain, taught by BSU Professor Emeritus Dr. Todd Shallat(,) and Navigating Difficult Conversations, an offering of the Department of Conflict Management, taught by BSU Adjunct Instructor David Nichols.
Mr. Hayden was welcomed by the students, who were excited to meet their benefactor. He spent the next couple of hours with the students, the faculty and attending leadership. He took no part in the class discussion and later answered questions related to future courses as part of the same program. Mr. Hayden received a formal Thank You from the students and was presented with drawings and a plaque bearing each of the students’ signatures.
[This story originally appeared on the IDOC website.]
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ANOTHER JPAY CHRISTMAS: RIPPING INMATES IN THE NAME OF BABY JESUS
The media provider for Idaho prisoners has no problem ripping them off to celebrate Jesus’s birthday. Following the release of a promotion for upcoming discounts, JPay rescinded their offer after funds were already transferred from prisoner trust accounts into the JPay media system.
From the miniscule wages they make by the hour to the funds from their loved ones that keep them in contact, JPay took their consumers for a still unknown sum on the heels of being fined by the Consumer Financial Protection Bureau to tune of $6,000,000 for consumer abuse of apostate proportions.
ACTUAL COMPLAINT TO JPAY CUSTOMER SERVICE
12-24-21
You recently sent an email to your entire consumer base encouraging them to prepare for a “humongous” 10% discount on [email] stamps.
It was for no other reason than your sending this email that myself and many others who are currently incarcerated transferred what limited funds we have to our JPay accounts to prepare for purchasing discounted stamps. Unsurprisingly, another email showed up this very morning, informing us all you will not honor this discount unless it’s redeemed by our friends and our families. Which means the money we transferred is now gone to waste. That you were recently fined over $6M dollars for abusing your consumers and managed to learn nothing suggests that your company deserves to sit where I sit: in a systemically dysfunctional, backwoods Idaho prison.
In complement to this most recent scheme of fraudulent advertising, I will soon be presenting to the Consumer Financial Protection Bureau communications from your company acknowledging that prepaid replies are not being redeemed past 30 days. A caveat your consumers have never been advised of.
Make no mistake, your raping and pillaging of vulnerable populations has me sharpening my pitchfork and praying you burn in hell.
This communique has been selected for publishing in the Idaho Department of Correction monthly newsletter. [sic]
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JPAY’S RESPONSE
Hello Patrick. Thank you for contacting JPay Support. Our customer’s thoughts and suggestions are always welcomed and appreciated. Please understand that grievances are handled by staff members at your correctional facility and we encourage you to reach out [to] the proper channels at your disposal to ensure your issue receives the appropriate level of attention.
Kind Regards,
Jpay Support
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FOLLOW UP
Dear Jesus Almighty,
As if their swindling consumers on your birthday wasn’t enough, this prison profiteer is now directing those affected to seek refunds from this Department as though it were involved in their scam. I kindly ask that you consider smiting these sodomite bastards and imploding whatever reality has allowed them to so brazenly sin.
Thank you for allowing me to reach you through this channel. I trust Your Holiness will ensure this complaint receives “the appropriate level of attention” when I send 100 copies to the friends that I’ve made in the press.
Amen.
Source: Consumer Financial Protection Bureau. Patrick Irving, “JPay Support Ticket, Ref #CCI-IMSI342870.” Patrick Irving, “JPay Support Ticket, Ref #CCI-IMSI339627.”
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COVID NEWS
Since the start of COVID, over 52,285 tests have been administered to IDOC residents housed in-state, with over 5,100 returning some form of positive.
For over a year no testing has taken place for the hundreds of Idaho prisoners housed by CoreCivic in Eloy, Arizona. Thus we’re to believe that no symptoms — including those of seasonal colds — have presented among the prisoners housed out-of-state and -mind.
All residents who have received their initial vaccination are encouraged by the Department to sign up for a booster vaccination shot. The booster is recommended by the Center for Disease Control. Anyone who has received a Johnson and Johnson, Moderna or Pfizer vaccine can receive a booster whenever Medical gets around to it. Please submit a concern form to medical if you would like to receive the booster.
Anyone who has not yet been immunized against COVID is highly encouraged by the Department to take advantage of immunization now.
Those with COVID concerns are invited to forward their grievances to:
ACLU Idaho
PO Box 1897
Boise, ID 83701
View COVID numbers here.
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ANOTHER INSIDE-OUT COMPLETION AT ICIO
by Lt. Greg Heun
Idaho Correctional Institution-Orofino recently had another Inside-Out completion ceremony, an event that was met with big smiles and a sense of accomplishment.
In the beginning, ICIO teamed up with the University of Idaho to offer the fist college class ever presented inside an Idaho prison. This recent class included a University of Idaho professor, a teacher’s assistant, 6 resident students and approximately 12 U of I students. Due to COVID-19 their class was held on Zoom, where together they studied the history of justice for three sociology credits.
Inside-Out has been around some 23 years and started in Idaho in 2018. It is represented in over 40 other states and 7 different countries, and while it comes with explicit security protocols, it is very effective in creating opportunities for people to have transformative learning experiences that emphasize collaboration and dialogue.
[This story first appeared on the IDOC website.]
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EAST BOISE CRC RESIDENTS ADOPT A FAMILY FOR CHRISTMAS
by Sgt. Michelle Juarez
East Boise Community Reentry Center residents are giving back to the community. With the help of Education Director Leah from Interfaith Sanctuary, EBCRC was able to participate in adopting a family for the holidays.
It was a special time getting to see the residents shop for clothes and toys and wrap gifts for their adopted Christmas family. You could just see the compassion, happiness and excitement in their faces.
Just knowing that what these ladies are dong will bring a smile to the family’s faces makes us super proud of our EBCRC residents.
[This story first appeared on the IDOC website.]
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TFCRC DONATIONS
by TFCRC Manager Pamela McCarrol
Twin Falls Community Reentry Center residents got together and donated $1265 to South Central Community Action (SCCA). SCCA will use the money donated to purchase holiday meals and assist with heating and electric bills. TFCRC residents help SCCA weekly with unloading trucks and assembling food boxes for families in need FTCRC also assists SSCA with snow removal when needed.
[This story first appeared on the IDOC website.]
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RENICK ON THE RADIO
With 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 welcomed Darrell Taylor from the Urban Ministry Institute. Darrell, a former IDOC educator and religious activities coordinator, assisted last month with Cookies for Corrections and discussed upcoming seminary programs that he’s hoping to roll out in corrections in 2022.
Dr. John Greenley, author of “A Christian Approach to World Religions,” announced that he’ll soon be holding an open class that goes over the basics of world religions. The first of a twelve-week course begins January 9 @ 4:30 pm in the Ten Mile Christian Church. Those interested are asked to sign up at TenMileCC.com.
Learn more about Mark’s advocacy projects @ svdpid.org.
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RESIDENT AUDITING 101
Last month we requested information pertaining to all public records requests submitted since June 2021. Unfortunately, requests for these records only yielded invoices, as the labor required to fill the requests was more than expected by at least two hours. The Department is estimating that two hours of labor are needed to produce records requests from any given month. Because requests that exceed two hours of labor begin to get billed at an hourly rate hour, and because our requests were made by three separate auditors for two months of records apiece, we will now resubmit our requests for one month at a time to avoid being billed while continuing our audit.
A request related to food service costs has gone unfilled since November.
A grievance addressing the complete absence of records pertaining to charitable resident donations, though due back in early November, has still not been returned.
It was discovered JPay is unable to redeem prepaid messaging replies 30 days after they’re forwarded. As JPay has failed to inform their consumers of this glitch, a complaint highlighting this and other deceptive practices is scheduled to be forwarded to the Consumer Financial Protection Bureau in January.
A grievance has been lodged to disrupt the unwritten policy of lifetime library bans at IMSI.
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INMATE SERVICES AT WORK
12.12.21
Dear Vice Chairperson Hayden,
When’s the last time you received a fan letter from inside one of your facilities? It might not mean much but I wish to commend you for the seven-week Human Rights course you sponsored for fifteen very lucky ISCI residents, recently. This, my friend, was an extremely classy maneuver. As a journalist that is often times critical of the practices put in place within the department you chair, I hope you’ll not mind me publishing this missive as an exercise in humility and example of civil discourse.
Enclosed is the program I developed this year in Ad-Seg. It could still use a little tuning, but for the most part it’s ready to go.
I hope our efforts can meet one day. There’s so much potential still yet to be tapped.
In friendship and incarceration,
Patrick Irving 82431
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RECOMMENDED
Executive director of the Idaho Prison Arts Collective, Michael Richardson, appeared in the Idaho Statesman with a very insightful piece this month: “Painting, Writing and Ukuleles. Idaho Prison Arts Collective Seeks to Improve Lives.”
Please take the time to check it out.
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Happy New Year everybody!
And watch out for the fuzz, we’re completely out of room.