Previous: First Amend This!: An IDOC Newsletter, Feb. ’22
Welcome to the March 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 improve Idaho’s criminal justice system are asked to contact Erika Marshall with the Idaho Justice Project. The Idaho Justice Project works to bring the voices of people impacted by the criminal justice system to the legislative table to work on solutions.
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EDITOR’S NOTE
By sharing the experiences of those familiar with our prisons, the ways that they work and the ways that they don’t, we’re able to actively exercise the muscles of democracy and help civically restore those who’ve lost their right to vote. Please keep this in mind while perusing this issue; there’s no shortage of opportunities for spectators to get involved.
Let’s First Amend This!
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LEGISLATORS POSITIONED TO PROTECT LETHAL INJECTION DRUG DEALERS
“As I stand in front of you, I can attest that the State does not have the material to carry out an execution,” testified Director Josh Tewalt in front of the House Judiciary, Rules and Administration Committee on February 17. “We’ve been unable to secure the necessary chemicals and potential suppliers have expressed concern that the language in our administrative rules is insufficient to protect their identities.”
His was a plea for legislative approval of House Bill 658. A bill seeking to block public access to information related to the mysterious chain of transactions created as a new execution is announced. Were this bill to pass, it would protect the information of all who handle and broker the equipment and drugs used to execute inmates, and also prevent relevant information from being discoverable and introduced as evidence during court cases.
Representative Colin Nash was among those who opposed the bill’s introduction. “I trust the government to take out my trash, I don’t trust them to kill people in secret processes…. I have probably never been more embarrassed to be an Idahoan than when I found out how the government handled the last execution. I think this is embarrassing, and I don’t think our government should be in the business of carrying out executions in secret processes.”
Co-sponsor of the bill, Representative Greg Chaney, rebutted: “Idaho is one of 24 states that maintain active use of the death penalty. Of those, 19 of them extended some form of the drug supplier or execution shield.”
The bill went on to be approved by committee and, having passed through the House with a vote of 38-30, now awaits the approval of Idaho’s senate and governor.
While lethal injection is currently Idaho’s only method of execution, at least one Death Row resident has requested to be put down by firing squad. This out of a concern that pentobarbital might inimically mix with his terminal illness, causing potentially unusual and tortuous pain. When asked if the firing squad was considered an option, Director Tewalt said he doesn’t feel compelled to place this burden upon his staff.
Sources: Clark Corbin, “Idaho House Passes Bill Granting Cofidentiality in Executions. Identities of Lethal Injection Drug Suppliers and Manufacturers Would Become Secret Under House Bill 658” Idaho Capital Sun. Kevin Fixler, “Unable to Buy Execution Drugs, Idaho Seeks to Shield Potential Suppliers from Scrutiny,” Idaho Statesman.
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COURT REJECTS GOVERNOR’S ORDER TO EXECUTE INMATE ON HOSPICE
An Idaho district court has ruled that Governor Brad Little acted illegally in vetoing the Idaho Commission of Pardons and Parole’s decision to reduce a terminally ill, Death Row resident’s sentence to life-in-prison.
Following the commission’s 4-3 vote, Governor Little publicly opposed the commutation and took to the courts to reinstate the execution. The Court, however, didn’t find in his favor. Citing a decades-old amendment to the Idaho Constitution, Judge Jay Gaskill wrote, “There is no indication that the founders or the people of the State of Idaho in 1986 intended to give the governor the ultimate decision-making authority with respect to whether a death sentence should be commuted.”
Gaskill went on to find that the Commission of Pardons and Parole maintains the power to issue commutations for all criminal convictions except in cases of treason and impeachment.
Governor Little intends to appeal the Court’s ruling.
Source: Kevin Fixler, “Judge Overrules Idaho Governor on Death Row Inmate’s Sentence, Reduced to Life in Prison,” Idaho Statesman.
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SPEAKING OF COMMUTATIONS…
Commutation is a process whereby clemency may be granted to modify a sentence imposed by the sentencing jurisdiction.
A petitioner may submit a Commutation Petition once every 12 months. There is no time restriction regarding submission of the first petition for those currently incarcerated. Parolees must serve at least one year on parole before submitting a Commutation Petition.
Petitions must include the reasons for requesting commutation and the precise modification being requested, such as:
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- Reduce the length of the sentence
- Change a fixed sentence to indeterminate
- Change a consecutive sentence to concurrent
- Reduce the fixed portion of a sentence
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Petitions are reviewed by the Commission of Pardons and Parole in January, April, July and October. The review occurs in executive session without the petitioner present.
If the commission elects to grant a hearing, they will determine the date of the hearing, which will then be held in front of the full commission.
Source: “Idaho Department of Correction Commutation Packet”
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CORRECTIONAL “COST OF CARE” FEES PUSH JUVENILES TOWARD FAILURE
“In 2021 families of more than 5,600 young men and women were assessed ‘cost of care’ fees while the youth were in custody of the Idaho Department of Juvenile Corrections,” says George Prentice, Boise State Public Radio’s host of Morning Edition.
After being charged for things like the cost of confinement, public defender representation, mental health assessments, collection fees and more, one family reported being left with a crippling balance of $27,950.
With roughly 198,000 cases of outstanding cost-of-care fees identified last year, an effort is underway to offer the families affected relief.
Kendra Knighten, associate with the Idaho Center for Fiscal Policy and Idaho Voices for Children, and Erica Marshall, director of the Idaho Justice Project, are currently working with Representative Marco Erickson to eliminate these fees with 2022 House Bill 500.
Knighten and Marshall appeared on Morning Edition in February to discuss these cost-of-care fees and whether they’re actually necessary. These fees, they say, tend to only supplement budgets in miniscule amounts and, where many families fall behind in their payments, 33% of that which is collected is immediately used to pay debt collectors. It’s also not uncommon for counties to hold criminal contempt hearings for people who struggle to pay the inflated fees. As a result, troubled Idaho youth are being welcomed into adulthood with looming criminal charges that hinder their opportunities. Were Idaho to eliminate these fees, says Knighten, the Idaho Center for Fiscal Policy has shown how agency budgets will still be strong enough to provide good programs and maintain their goals.
Those interested in helping eliminate long-lasting hardships for justice-affected families are invited to contact Erica Marshal at idahojusticeproject.org.
Source: George Prentice, “As thousands of Idaho Juvenile Offenders remain in the same system, families are shackled to cost”, Boise State Pubic Radio.”
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MANDATORY MINIMUMS PROPOSED FOR SEX OFFENSES
Upset with how serious sex crimes are sentenced in Idaho, Representative Chad Christensen introduced a bill to the House Judiciary, Rules and Administration committee seeking to establish mandatory minimums for miscellaneous sex offenses.
2022 House Bill 508 would require five-year mandatory minimums for a wide range of sex convictions. It would also mandate a one-year mandatory minimum for those who fail to register as a sex offender, a 90-day mandatory jail stay for any sex offender caught frequenting restricted areas where children are present, and a 90-day mandatory jail stay for daycare owners who knowingly employ anyone convicted of a sex crime.
Idaho Supreme Court data shows at least 1,390 sex offense charges were filed statewide in 2021. The number of convictions isn’t readily available.
Following the bill’s introduction, it was noted by committee members that their aim in recent years has been to reduce mandatory sentencing laws, not increase them.
Sources: Eric Grossarth, “East Idaho Legislator Introduces Bill to Set Mandatory Minimums for Sex Crimes, eastidahonews.com. Betsy Russell, “Bills, Bills, Bills…”, Idaho Press.
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SETTLEMENT PROPOSED FOR CLASS ACTION, HEPATITIS C LAWSUIT
Last month IDOC residents were notified that a settlement has been proposed in the 2018 lawsuit filed against IDOC and former health care provider Corizon. (Case No. 1:18-CV-00001-BLW, Turney vs. IDOC.)
Certified as a Class Action lawsuit, the Court has been asked to direct IDOC to provide adequate medical treatment to all current and future residents in their care with chronic Hepatitis C Virus (HVC).
IDOC has proposed to spend a total of $29.25 million dollars from 2021 through 2025 for the purpose of providing HCV treatments to eligible inmates. HCV literature, published by the Center for Disease Control and Prevention, will also be provided to all who pass through IDOC Reception and Diagnostic Unit (RDU). Antibody and viral load testing will be offered as well.
A fairness hearing has been scheduled for May 10, 2022 at 2:00 p.m. Following the hearing, the Court will decide whether to approve the settlement agreement.
Any Class member has a right to object to the proposed settlement by completing and submitting the Notice of Objection form by March 21, 2022 (the objection deadline) to the Court addressed below:
Clerk of the Court
United States District Court
Re: Turney v. IDOC, Case No. 1:18-cv-00001-BLW
550 W. Fort Street, No. 400
Boise, ID 83724
Those seeking monetary awards for damages arising from HCV must do so outside of this case and file a separate action.
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NO RECORD OF CHARITIES, HISTORY OF DONATIONS:
WHO’S SECRETLY BENEFITTING FROM CORRECTIONAL CONFISCATIONS?
For decades, Idaho’s prison population has been offered the option to donate their personal property to charity. From electronics and clothing to art products and food, all purchased in prison at inflated costs, mountains of gear, following confiscation, have allegedly found homes with unspecified charities. The total worth of these items, after years of accumulation, can safely be estimated in the hundreds of thousands of dollars.
Oddly, no record of this charity has been kept by the Department, making it impossible to distinguish which organizations are recipients, the criteria by which they’re chosen and at what frequency they benefit.
It’s a matter recently discovered by way of a public records request after transactional proof could not be produced to show that resident donations reach a charitable cause. Unable to offer charities by name, the criteria by which they’re chosen and at least one receipt showing a transaction was made, a grievance was lodged to compel the Department to begin keeping some record of charitable donations. Several months later, all appeals exhausted, the Department’s refusal to keep records was final. To collect even a signature from charitable recipients would amount, in their words, to a monumental task.
IDOC clients are confident that they know better. By combining their experiences in businesses and education, they find it simple to surmise that either someone is being lazy or the “receiving charities” aren’t charities at all. With the weight of the latter a heavy concern, they’re now calling for attention from the Department of Justice, investigative journalists and Idaho policy groups. Seeking to inspire either audit or injunction, they’d also like some say in choosing the recipients of their future donations.
Click here to view the public records request, exhausted grievance and other related items.
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JPAY CELEBRATES BLACK HISTORY MONTH WITH A DISCOUNT ON THE IDOL THAT BROUGHT THE WORLD “WHITE WEDDING”
Those marketing geniuses did it again. Last month, prison service provider JPay shook their stick at Black History Month by offering month-long discounts for a few of their famously favorite White artists.
~Actual JPay Message~
“Celebrate Black History month and honor all those who have made a difference. We’ve created special savings to help inspire you all month long. Be sure to visit the Media Store for great deals on select movies, music and games from Feb. 1 to Feb. 28, 2022! And please make sure you regularly update your media catalogs in order to see the special prices.”
With media catalogs upgraded, those who went on to shop the “Black History Month Sale” were quickly confused by the artists found discounted:
Pink Floyd
Billy Idol
Brandi Carlisle
April Lavigne
Journey
Jeremy Zucker
Kacey Musgraves
Cody Johnson
Said one intimately familiar with the tricks that JPay uses to capitalize off different races, “I only found it odd they didn’t paint these artists in blackface.”
Last year, while promoting discount prices for Black icon biographies, the company marketed a movie among them that was based in the future — starring Idris Elba and alien-fighting robots.
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ATTEMPTED SUICIDES AND SILVER CROSS AWARDS
Sgt. James Karasek and Ofc. Joshua Cutler of the Pocatello Women’s Correctional Center were awarded the Silver Cross for cutting down a resident attempting to hang herself with a noose made from a bed sheet. Despite the suicide tool that all facility staff carry running into some trouble while the two worked to save her, Cutler and Karasek were able to cut her down and keep her calm while waiting for the arrival of medical responders.
Cpl. James Scott and Ofc. Colten Sisler of the South Boise Women’s Correctional Center, too, were awarded the Silver Cross for interrupting a similar suicide attempt. Thanks to quick thinking and life-saving measures, the two, working together, prevented a potential catastrophe.
Per SBWCC’s Ashlee Summerfield, “IDOC’s Silver Cross is awarded to correctional professionals who display prompt or alert action resulting in a life being saved or the prevention of serious injury to others, and for demonstrating exceptional care for other individuals.”
Source: PWCC Deputy Warden Shawn Trevino, “Three PWCC Staff Honored with Silver Cross,” idaho.idoc.gov. SBWCC Warden’s Assistant Ashlee Summerfield, “Two SBWCC Staff Members Honored with Silver Cross,” idaho.idoc.gov.
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COVID NEWS
Since the start of Covid, over 60,000 tests have been administered to IDOC residents housed in-state, with over 6,600 returning some form of positive. Six related deaths have also been reported. What the numbers don’t tell is that, for over a year, no testing has taken place for Idaho prisoners housed in Arizona and recent outbreaks in Idaho have cycled untested.
Residents who have not yet been immunized are encouraged by the Department to request Covid shots now.
After reporting last month to assist with daily operations, the Idaho National Guard continues to act as supporting staff in our facilities.
Booster shots are beginning to trickle through. But without fact sheets and information being passed out with the boosters, it appears that they’re being given without informed consent.
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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RECOGNIZING IMSI STAFF WITH LONGEVITY AWARDS
by Deputy Warden Martinez
We at IMSI are extremely proud of these staff as their tenure demonstrates a commitment to IDOC and its vision. When staff work for IDOC for a long period of time, by nature they create relationships with their peers and the resident population. These relationships help foster a prosocial connection that can help create a safer environment for staff and the individuals under our care.
5 Years — Christian Pena
5 Years — Mary Akenbrandt
15 Years! — Doug Develbiss
[This story first appeared on the IDOC website.]
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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, recovery coach Kimberly Crow joined Mark for discussion on Idaho’s use of Drug Court, the difference between 12-Step sponsors and recovery coaches, and the importance of sharing experiences with addiction, disease and the criminal justice system.
UPS store manager Cassie Thomas shared her trip through corrections, her transition back into the community and the role that assisted integration played in her story. Building a life and relationships out of incarceration is a process, she says, and grace in that process plays an integral part.
Freed after twenty years of being falsely convicted, Christopher Tapp spoke on the tumultuous journey that returned him to his community as as nationwide advocate. He is now using his experience to work with our nation’s lawmakers working with lawmakers and help pass laws that compensate those wrongly convicted.
Learn more about Mark’s advocacy projects @ svdpid.org and https://svdpid.org/advocacy-systemicchangeofid/.
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RESIDENT AUDITING 101
Recently obtained emails between the Transparency Department and the dietary services manager confirm that female food service menus do indeed exist. More requests seeking to obtain them have been submitted.
In effort to identify which records the fact-seeking public has expressed interest in, and whether the responses the Department is providing are accurate, we queried a list of all records requests processed in the first two weeks of August ’21. Originally submitted in January, this records request continues to be delayed.
Centurion has begun responding to grievances related to excessive medical copays. Those who’ve submitted Health Service Requests in recent months are encouraged to review their accounts and follow up on discrepancies.
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INMATE SERVICES AT WORK
Consumer Financial Protection Bureau
PO Box 27170
Washington, DC 20038
02-08-22
Dear Consumer Financial Protection Bureau,
I would like to file three complaints against the prison service provider JPay. Each have been presented to the company’s Customer Service department and failed to find a formal solution. They are as follows:
1) Over the holidays, JPay informed those of us in the Idaho Department of Correction’s custody that certain purchases would be awarded for a limited period of time. Among them, the purchase of electronic stamps that act as currency for JPay’s messaging service. The many who converted their inmate trust funds into JPay currency to take advantage of the upcoming offer were later informed an error was made: the award was meant to apply only to JPay consumers not currently incarcerated. As one of the many who converted their funds into JPay media credits, I requested from Customer Service that the advertisement be honored or my money refunded. I was denied of both. By not honoring the deal originally offered, and by not refunding the purchase that resulted from the offer, it is my position that JPay advertised in a way both deceptive and false. (Ref.: JPay Support Ticket #CCI-IMSI1342870.)
2) Known as “free replies,” prepaid replies are often purchased by our JPay messaging contacts. They arrive attached to their messages sent and provide the means to respond without incurring an expense. Following up on a complaint separate from that above, I was informed by Customer Service that a glitch in their system has been rendering prepaid replies void after 30 days. Not only are refunds or credits not being given, but JPay has yet to inform their consumers of this glitch, leaving them to believe that “free replies” never expire. (Ref.: JPay Support Ticket #CCI-IMSI339627.)
3) JPay provides a video service that connects prisoners to their contacts. While it can be useful, the fees for this service quickly add up and it comes with an incredible fail rate. Though JPay is aware of the technical issues within their system that frequently interrupt and disable this service, a practice has been made out of disregarding complaints lodged over service failures and ignoring requests from those who seek to be refunded. (Ref.: JPay Support Ticket #CCI-IMSI354637.)
Enclosed is a copy of our Idaho Department of Correction newsletter, which recently printed an article containing one of the support tickets referenced above.
Should I need to fill out any forms to proceed with my complaints, please see them sent to the address below.
Thank you,
Patrick Irving 82431
[Editor’s Note: Weeks after filing this complaint, my JPay account was mysteriously credited $15 and 10 e-stamps. Yet another reason to suggest that others should file also.]
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SUGGESTION BOX
It would be good of management to take more time to read our grievances and review the supporting materials we often provide for reference. To dismiss all concerns so easily is setting a bad example.
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Shout-out from Smokey to Rosemary in New South Wales! Get on that Gram and share the link, girl!