Previous: First Amend This!: An IDOC Newsletter, March ’22
Welcome to the April 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.
Looking to help improve Idaho’s criminal justice system? We ask you 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.
…
EDITOR’S NOTE
For months it was said by our friends in the forums that mounting complaints of inadequate care from Centurion Health were signaling a crisis. But it wasn’t until CBS2 News got involved that Centurion responded with some sense of urgency. While the response was appreciated by their clients in custody, the company’s quick shift in effort spoke volumes of truth: They always had it within their ability to provide those in corrections with adequate care.
And so, to our friends at Centurion: We thank you for your effort and understanding moving forward. (Copies of this issue have been sent to your executive, clinical and support team leadership.)
IDAHO’S NEW PRISON HEALTH CARE PROVIDER IS NEGLECTING TO MEET THE DEMANDS OF THEIR CLIENTS
“There is a baked in cynicism about what inmates say and what they complain about. It’s just part of the correctional culture. The risk is that you assume everyone is lying to you.” — Andrew Harris, professor of criminology and justice studies, University of Massachusetts, Lowell.
From neglecting to fill prescriptions for weeks to falsely informing their patients and more, Idaho’s new prison health care provider has been failing their clients in corrections facilities for months.
Last month, a chorus of voices filled with frustration called in their concerns to Boise’s CBS2. The CBS2 newsroom was inspired to fire off a few questions to the IDOC that were deferred to a Centurion Health company spokesperson, who offered the following: “Like many healthcare settings across the country, Centurion has experienced challenges in recruiting staff during the pandemic, on top of the difficult task of recruiting caregivers to serve in the unique settings within a correctional facility.”
Feeling no more informed by the spokesperson’s response, CBS2 vowed to dig a bit deeper, prompting IDOC to craft one of their own: “We care about the health of everyone in our custody… While we are not immune to the same pressures that have impacted the delivery of healthcare services in the community, we are committed to working with our contract medical provider to ensure appropriate and timely health care.”
Alongside this statement, a comparison in numbers: since Centurion has been the acting provider, a total of 437 grievances have been lodged against them; while in the same period of time the previous year, 433 were filed against the former provider Corizon (renamed YesCare May 2022).
IDOC went on to assure that its Division of Health Services would continue investigating all incoming complaints, conducting performance audits and reviewing patient records.
As this article is edited from IMSI, the presence of medical personnel has noticeably increased, nurses are following up on lingering requests and health services are being offered, on average, at a higher rate of speed.
With that said, of the problems presented in the period of months that Centurion has been acting as the IDOC provider, there are still plenty in need of solutions.
The litany that follows is in no way comprehensive:
1) This resident auditor was denied the ability to present multiple issues belonging to Medical in the 30-day window allotted for grievances.
Per IDOC policy, residents must petition for approval and can have no more than three concurrent grievances in-process, with a window of only 30 days in which to file grievances. In my case, the window to file two grievances expired while waiting for staff’s delayed response to other grievances that were already being processed. Had they been matters of critical treatment, months would have passed before either were logged.
2) Per IDOC and Centurion, established protocols for health services need to be followed in order to combat elongated wait times. But a week-long outage of Health Service Request (HSR) forms recently rendered IMSI residents unable to follow health service protocols. They were prevented from presenting urgent requests to medical staff. By coincidence, this outage occurred around the second facility lockdown requested by Medical “to help them catch-up.”
3) After replacing Corizon in October, Centurion was found to be charging an excessive amount for medical copays (FAT!, Feb. ’22). No attempt was ever made to inform those at risk, leaving many susceptible to erroneous charges.
Where clients became aware on their own, some charges were refunded, but others ran into problems: Medical says it’s an issue for Inmate Banking and Inmate Banking responded that the issue is in Medical’s hands. In the same way the errors were never announced, neither were instructions provided to help those affected deal with it.
As for those who come late to the fact, policy will prevent them from recouping charges by presenting the issue in the form a grievance. It is therefore recommended that those denied the grievance process try their claim through the federal Consumer Financial Protection Bureau. Instructions to make a claim are found below.
4) Labs, MRIs and X-rays are needed to move treatment forward. In the case of one individual with a pituitary tumor, one that is increasingly suspected of affecting his vision, an important two-part test has been refused based on medical’s inability to conform to the required window for the testing.
5) Tuberculosis test results are knowingly left unchecked. IMSI residents, after being informed by a nurse she’ll be back in three days to view the injection she leaves in their arms, are left waiting indefinitely for the nurse to return. When asked by this auditor why she refuses to report back as scheduled, she explained, “We figure you’d let us know if you tested positive.”
In the case of yearly administered tuberculosis tests, at no other time has an IDOC health provider placed the onus on their clients to analyze themselves. If there exist procedural sign-off signatures indicating that all results have been read, then medical records have been falsified. The extent of such possible falsification is not currently known.
6) In January at IMSI, a facility-wide outbreak of Covid symptoms was met with minimal testing. When several inmates sought medical services and tested positive during their medical visit, no follow-up testing took place with their cellmates or cohorts (FAT!, Feb ’22). Recent arrivals to IMSI say the experience was the same as at other Idaho correctional facilities.
7) For extended periods of time, everything from thyroid medications to ibuprofen prescriptions are left missing from residents’ medical regimens. Those requiring medical apparatuses are also subjected to unusual delays. The kind of knee braces commonly found at the neighborhood grocer recently took months to reach IMSI residents.
8) Information isn’t provided with booster shots and vaccinations. In the case of one resident, who was told that he was getting the brand of vaccine that he’d been waiting for, it was divulged days later that he was injected with a different brand. Upon informing medical staff that his consent was conditioned to a specific vaccine, he recorded their response as, “It’s really all the same.”
9) Protocols with labs and ultrasounds are inconsistent. Though the provider requires some clients to abstain from food and drink prior to their appointments, they’re seldom given notice of when their appointments have been scheduled. This makes it impossible to follow the provider’s instructions.
10) Following a class-action settlement hearing announcement pertaining to the treatment of Hepatitis C, a Health Service Request (HSR) submitted for testing for the virus was scrutinized by a nurse from the door of a crowded rec area. In the presence of a correctional officer, she asked, “Why the need to be tested for Hepatitis C?” When referred to the bulletins posted in every unit, which list testing for the virus as part of the settlement, the nurse demanded from this auditor an order from the Court, suggesting testing wouldn’t be done based on a test request alone.
I raise here two issues regarding this incident:
a) Medical privacy is not being respected. Because the behaviors that most commonly drive the need for this test are met by the Department with punitive measures — excluding, of course, the situational rape — one’s reasons for wanting to take such a test should be less aggressively asked in a safe, private space.
b) Medical staff are unaware of the upcoming settlement, i.e. unaware of their obligations to the Court and to their clients.
Walking away from the experience, I had to wonder: If Centurion was aware of what Corizon left behind, at what point in time do they decide to inform their staff?
(View the settlement proposal here.)
Sources: CBS2 News Staff, “IDOC Health Services Contractor Says It’s Struggled With Staffing Challenges,” idahonews.com. CBS2 News Staff, “Q & A With Idaho Department of Correction After Various Concerns Over Health Services For Inmates,” idahonews.com
…
LETHAL INJECTION SECRECY BILL PASSED INTO LAW
The Idaho Department of Correction need no longer succumb to the scrutiny that comes from executing their clients by lethal injection. After passing through the House and pushing through the Senate, House Bill 658 was signed by Governor Little on March 23, 2022.
Prior to the bill’s passing, the Department’s drug dealers had been dissuaded from slanging pentobarbital sodium for the purpose of putting their clients to death.
Once in effect, the bill allows IDOC to withhold all information pertaining to the chain of transactions necessary to facilitate an execution warrant. Not even the Courts, with their wisdom and power, will be able to demand the disclosure of purchases, providers, or criteria by which they’re chosen.
Retired U.S. District judge, Ronald Bush, appeared before the Senate to speak against the legislation. Having previously presided over a case in which IDOC withheld information that may have been used to argue against an imminent execution, he presented himself only as a citizen concerned that prisoner protections would be placed at risk, along with the public’s First Amendment right to the freedom of speech.
Director Josh Tewalt reassured lawmakers that the quality of all future pentobarbital scores will be decided by those who work in corrections, and not those seeking safeguards through knowledge in chemistry.
The bill is expected to be challenged in Court.
Sources: Rebecca Boone, “Idaho Revives Bill to Boost Secrecy About Execution Drugs,” Associated Press. Keith Ridler, “Idaho Governor Signs Law Shielding Sources of Execution Drug,” KTVB7 News.
…
ACCESS CORRECTIONS CHARGES IDAHOANS MORE
According to research presented by the Prison Policy Initiative, the Access Corrections fees for online money transfers to prisoners in Idaho are the highest in the nation.
For those in IDOC custody, an online transfer of $20 costs $7.95. For other state DOCs, the same amount when transferred costs on average roughly half that.
While money orders are processed by Access Corrections for free, the speed at which they’re handled is best described as slow. Also, per the Access Corrections operating agreement, the company disclaims liability for any money orders that are received but not credited to accounts. The uncertainty this creates for those in need of food and hygiene makes it, for many, the least desirable option.
But be careful complaining of this matter to the company…
Access Corrections reserves the right to share information with anyone deemed to have a “public safety purpose.” Oddly, they don’t require a profession in public safety. Apparently, anyone who claims that you’re a threat to public safety can apply through the company for your personal information.
Source: Stephen Raher and Tiana Herring, “Show Me the Money: Tracking the Companies that Have a Lock on Sending Funds to Incarcerated People” Idaho Prison Policy Initiative, Prison Legal News, Mar. ’22.
…
COMPLAINTS WITH YOUR PRISON SERVICE PROVIDER? TRY THE CONSUMER FINANCIAL PROTECTION BUREAU
The Consumer Financial Protection Bureau (CFPB) is a federal agency that implements and enforces federal consumer financial law and ensures that markets for consumer financial products are fair, transparent, and competitive for everyone. If you are having a problem with almost anything finance related, the CFPB will field your complaint and work to resolve it
How to submit your complaint:
1) Call 855-411-2372 toll-free. They can assist you in over 180 languages.
2) Visit consumerfinance.gov/complaint. With your authorization, a complaint can be submitted online on your behalf.
3) Send your complaint in by mail:
Consumer Financial Protection Bureau
P.O. Box 2900
Clinton, IA 52733-2900.
Include the current date, your name, address, jail or prison ID number, and email address, if applicable. Be sure to detail who your complaint is against, the product or service your complaint is about, a description of what happened and when, and what you believe is a resolution.
Unable to get online or provide an email address to receive updates on your complaint? Call the number listed above to receive updates and answers to all related questions.
…
COVID NEWS
Since the start of Covid, over 64,500 tests have been administered to IDOC residents housed in-state, with over 6,700 returning some form of positive. Six related deaths have also been reported.
When considering these numbers it’s important keep in mind that IDOC clients in the care of CoreCivic haven’t been tested for over eighteen months, and recent outbreaks in IDOC facilities have also been allowed to go about untested.
A September 2021 study, conducted by the Prison Policy Initiative, shows Idaho receiving a failing grade for its response to Covid in prisons. The following factors were taken into account: 1) Idaho failed to reduce its prison population more than 10% during the pandemic; 2) Idaho did not mention incarcerated people in its vaccine rollout plan; 3) Idaho did not implement policies to accelerate releases for minor offenses or medical reasons.
Residents who have not yet been immunized are encouraged by the Department to request Covid shots now.
The visitation situation remains fluid. Check the IDOC website for updates.
Those with Covid concerns are invited to forward all exhausted grievances to:
ACLU Idaho
PO Box 1897
Boise, ID 8370
View Covid numbers as reported by IDOC.
…
RESIDENT WRITERS PUBLISHED IN THE IDAHO LAW REVIEW
James R., Chris Shanahan and Patrick Irving recently appeared in the Idaho Law Review: Symposium Edition (Volume 57, Issue 3). Each were invited by ACLU of Idaho‘s Ritchie Eppink to contribute to the University of Idaho’s law publication.
In March ’21, Chris and Patrick presented over a video stream to the symposium audience with the tacit encouragement of Director Tewalt. Their presentations, described by the audience as heart-wrenching and profound, have since been viewed almost 600 times.
Upon publication, each writer received copies of their works and a letter of appreciation from the ACLU of Idaho.
At the time of the symposium, Chris conveyed excitement in applying for a PEN America mentorship. His ability to craft high-quality works has many hoping he publishes more soon.
Following acceptance of his writing submission, James expressed the desire to remain anonymous.
Patrick continues to produce the First Amend This! newsletter, along with other works published at bookofirving82431.com.
…
OLD IDAHO PENITENTIARY COMMEMORATES 150 YEARS
On Mar 21, 1872, the Old Idaho Penitentiary opened its doors for eleven prisoners transferred from Idaho City, who had been serving their time at the Boise County Jail.
At only ten years old, James Oscar Baker would find himself among them after killing E.T. Williams in the town of Soda Springs.
The first to escape from the penitentiary were Al Priest and A. Hood. Priest would be caught and returned to his sentence; Hood, however, would never be found. Over the next 100 years, at least 498 more attempts would be made.
In the 101 years the Old Pen was operational, 13,000 prisoners entered through the gates; ten were released by the end of the noose.
The prison reached capacity in 1954, but it wasn’t until several buildings were burned in the “final major riot” of 1973 that the prison would no longer be used to house inmates.
The penitentiary was turned over to the Idaho Historical Society in 1974. Tours are available at:
2445 Old Idaho Penitentiary Rd.
Boise, ID 83712
…
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. The program, funded by an advocacy arm of https://www.svdpid.org, shares what it’s like to live in incarceration and the difficult transition faced on and off parole.
Now working part-time in the St. Vincent de Paul reentry outpost located with in the District 3’s Probation and Parole building, former Volunteer Religious Coordinator Marty Sandermann discussed potential prison mentorship programs for 2022.
Author and speaker Sean Michael Crane shared over the airwaves a personal transformation during his time in prison that eventually opened up amazing opportunities. Sean will be speaking at the Convicted Conference in June, an all-day event held at Ten Mile Christian Church. He can be contacted through convictedmindset.com.
As the new director of marketing and communications for St. Vincent de Paul, Kasey Elguezabal spoke on her goal of sharing more stories from the formerly incarcerated in hopes of creatively educating Idaho communities on the importance of reentry services in Idaho.
Another new addition to the St. Vincent de Paul team, Danielle Kroeger is utilizing her experience in IT and program management to help tackle the many projects currently in progress for citizens returning to their communities after incarceration.
Learn more about Mark’s ongoing advocacy work at svdpid.org/advocacy-systemicchangeofid.
…
RESIDENT AUDITING 101
A public records request seeking N-95 mask recommendations from the state epidemiologist to IDOC has been made, along with a request to view all purchases of N-95 medical masks during the pandemic.
A request for the standards set by the National Commission on Correctional Health Care (NCCHC) has been submitted. Where the NCCHC wants ninety dollars for a copy, IDOC will produce them for six.
After discovering the Centurion contract is over 2,000 pages, and requesting it in its entirety would cost over $200, it is now being requested in 100 page increments — the maximum pages provided for free.
In an ongoing effort to identify advocate stakeholders, a request has been made for all current matters of IDOC litigation.
…
INMATE SERVICES AT WORK
Idaho State Historical Society
Executive Director and State Historic Officer Janet Gallimore
2205 Old Penitentiary Rd.
Boise, ID 83712
3-27-22
Dear Ms. Gallimore,
One can imagine it was difficult, and likely also hazardous, for residents of the Old Idaho Penitentiary to address conditions of confinement back in their day. And so I thought it might be of interest to the Idaho State Historical Society to note how today’s prisoners have it within their ability to reach relatively large audiences and present to them using modern-day media platforms. As an example I offer our correctional newsletter, which is published every month from the confines of my cell.
First, it’s typed up on tablet device that’s sold to us imprisoned by a prison profiteer. I then send it electronically through their messaging service to my father, who receives it at his home desk in New Jersey. It’s just a copy-and-paste from there to the blog we created as a resource, news site and networking guide for anyone interested in Idaho’s prison system.
In the last few years I’ve introduced it at county, state and international levels to behavioral health specialists, justice-affected families, students and educators, sheriffs and councils, advocates, initiatives and a wide range of lawmakers.
Enclosed is a copy a March’s newsletter, in the format it returns to me before it’s sent back out. Along with other informative Idaho prison presentations, this newsy is archived at bookofirving82431.com, and available for viewing to anyone interested. Of course, if you think it might help to offer some contrast, you are welcome to share it with your Old Idaho Penitentiary tours.
In friendship and incarceration,
Patrick Irving 82431
…
SUGGESTED SITES
idahojusticeproject.org
idahoprisonproject.org
solitarywatch.org
jailmedicine.com
idahoprisonarts.org
idahoprisonblog.blogspot.com
…
Shout-out from Eric to Samantha the Sloth. For being awesome, he says.
What a nice guy.