Previous: First Amend This!: An IDOC Newsletter, Aug. ’22
Welcome to the September 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 that you 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
As our humble prison newsletter begins to expand its presence, the editor is overcome by a sensational, screaming urge to evince his lone persistence for all future first-time readers…
Patrick Irving writes from the Idaho Maximum Security Institution, often cramped behind a desk, on the starboard side of the toilet, not infrequently rubbing shoulders while his cellie is taking the throne. It’s from this desk that he publishes the First Amend This! newsy, which offers a monthly look into the Idaho prison system and provides him with an outlet to seek “spEcial forMs oF recoUrse.” His experimental advocacy model–developed and refined with the help of his father–can be studied along with the scope of his work at bookofirving82431.com.
Let’s First Amend This!
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IDAHO SUPREME COURT: GOVERNOR HAS AUTHORITY TO REJECT COMMUTATIONS
On August 23, the Idaho Supreme Court returned with a unanimous decision in a case questioning whether the Idaho Constitution grants the governor the authority to reject clemency recommendations from the Idaho Commission of Pardons and Parole.
Earlier this year, the Commission’s decision to commute Gerald Pizzuto’s sentence from death by lethal injection to life without parole was publicly scrutinized by Governor Brad Little, who quickly reeled back the Commission’s recommendation and promised the public the execution that they deserved.
Little’s authority to reject the commutation was immediately challenged by the nonprofit Federal Defender Services of Idaho, who represented Pizzuto in Idaho District Court.
After Nez Perce County Judge Jay Gaskill found in Pizzuto’s favor, Little appealed through the Idaho Supreme Court, which summonsed both sides to battle in June before returning two months later to award the governor the victory.
Said Governor Little in response to the Court’s decision: “As governor my job is to follow the law and ensure that lawful criminal sentences are carried out. A jury convicted Pizzuto of his crimes and he was lawfully sentenced to death. I denied Pizzuto’s commutation request so that the lawful and just sentences could be carried out as ordered by the court. Today, Idaho’s highest court recognized that I acted consistent with my legal duties and that Pizzuto’s death sentence remains valid.”
Pizzuto, convicted in 1986 of hammering two victims to death during the course of a robbery, has spent the last 36 years on Idaho’s Death Row lodging appeals to prevent his execution. He is currently living in hospice care with terminal bladder cancer and is considered to be functioning with a diminished mental capacity.
According to Kevin Fixler with the Idaho Statesman, the Court’s opinion becomes final 21 days after it’s announced and Pizzuto’s attorneys may opt within that time to seek a rehearing. In the meantime, writes Fixler, the office of the Idaho attorney general is expected to seek to reinstate Pizzuto’s death warrant, which would signal his execution within the following within 30 days.
Source: Kevin Fixler, “Execution Case: Idaho Supreme Court Rules for Governor’s Authority in Clemency Decisions,” Idaho Statesman.
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KTVB COVERS UNDERSTAFFING IN CORRECTIONS
Last month, IDOC Director Josh Tewalt discussed with Morgan Romero from Boise’s KTVB news the strain that understaffing has placed on his Department, the factors that have contributed to understaffing and the solutions that will be applied moving forward.
After tracing what last year was labeled as an exodus of staff to the challenges that were presented throughout the early course of COVID-19, Tewalt went on to describe moves made by the Department to refine recruitment methods and boost employee retention rates.
These efforts, he says, appear to be working, with staffing levels estimated at the time of his interview to be hovering right around 76%.
Though the number appears to be an improvement from the levels recorded in June — information this reporter had to wait roughly two months to receive while working on a story similar to Romero’s — questions remain as to how these numbers are tallied: After asking IMSI staff to review the staffing data that I was provided, I was told that they didn’t reflect their experience as the actual feet in the corridors.
In the month leading up to KTVB’s coverage, I marked the days during which my facility ran with normal operations, where staff are able to maintain an established, structured schedule, and residents can count on having time spent outside and in the dayroom. Of the 31 days sampled, only ten at IMSI ran according to schedule.
Fortunately, this was followed by a fairly dramatic improvement, where nearly every day turned back to normal operations; likely due to the new faces found amongst the staff.
Let’s hope they stick around.
Source: Morgan Romero, “Coping with a Cop Shortage: Idaho Department of Correction Seeing Residual Burn Out After the Pandemic,” KTVB.com
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COLLEGES CLASSES BEGIN AT ICI-O, BUT LET’S NOT FORGET THOSE WHO NEED THEIR GED
On August 22, approximately 25 residents of the Idaho Correctional Institution-Orofino (ICI-O) attended the first for-credit classes to be offered by Lewis-Clark State College.
Along with the University of Idaho, L-C State was recently chosen to participate in the third round of the Second Chance Pell Experiment, a Department of Education initiative launched in 2015 to provide incarcerated people with more attainable postsecondary education opportunities.
Approximately 50 residents from ICI-O and Pocatello Women’s Correctional Center are expected to participate this year in the following classes: math, political science, business, geography, communications, psychology and philosophy.
According to IDOC Director Josh Tewalt, the Department plans to offer postsecondary education opportunities within all in-state prisons by 2024: “The research is clear that people who have advanced degrees tend to have higher rates of success after incarceration, and I want you to be successful. The Parole Commission and community employers will surely take notice. I encourage you to seriously consider taking advantage of Pell course offerings in the future.”
Those interested in enrolling are encouraged to remain six months DOR-free, be program compliant and complete their GEDs at the earliest opportunity.
Unfortunately, for many these tasks remain difficult, due in large part to our ongoing staffing crisis and a lack of instructors and seats in the classroom. At IMSI alone, roughly one-third of the resident population are awaiting an opportunity to earn their GED. Says Mr. Robertson, the facility’s only educator, while he’s capable of tutoring up to 12 students a day, facility staffing issues often leave them without the escort that they require to get to the classroom. And for those pursuing their GED from below the sixth-grade level, he unfortunately hasn’t the bandwidth to bring them up to speed.
Source: Lewis-Clark State College. Author unknown, “Lewis-Clark State Kicks Off In-Person Classes at Correctional Facility in Orofino,” BigCountryNewsConnection.Com
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NOW AVAILABLE: $2.5M IN PRE-PROSECUTION DIVERSION PROGRAM GRANTS
“We’re trying to better understand where are the gaps in services that Idahoans need and can’t get. Part of that, too, is how that intersects with the criminal justice system. Where can we create off-ramps for people who might have a mental illness or substance use disorder needs that they’re not able to address on their own?” — IDOC Director Josh Tewalt
Earlier this year, in support of a strategic plan submitted by the Idaho Behavioral Health Council (IBCH), the Idaho Legislature approved $2.5M to be used for developing pre-prosecutory, community treatment options that would allow non-violent criminal offenders with substance abuse issues or mental health disorders to avoid being prosecuted and forming a criminal record.
That money is now available to local government agencies. Those interested in providing new solutions by partnering with community treatment providers are invited to apply for Idaho’s new Pre-Prosecution Diversion (PPD) Grant Program.
Applications are now being accepted by the IDOC, who will pass them after screening to the IBCH for review. Stakeholders from state law enforcement, Health and Welfare, the judiciary, and Idaho Legislature who comprise the IBCH are said to be responsible for making final decisions.
The project period is scheduled to remain open from July 1, 2022 to June 30, 2023; though, renewals and extensions may be granted into 2023.
Some of the services applicants may request funding for include:
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- Case management
- Behavioral Therapy
- Psychiatric services
- Substance use and detoxification treatment
- Housing and employment support
- Mobile emergency response
- Training for personnel
- Benefits enrollment
- Expanded family wellness treatment
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The IBCH may consider the following:
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- Will program participants be required to secure or be appointed defense counsel before applying for the program?
- How will alleged crimes be assessed for entry into the program?
- Will a participant’s entry into the program require a victim’s approval?
- What is the selection process for program participants?
- In what way will restitution play into the program?
- How might the program assess substance abuse, trauma, and whether participants pose a danger to self or others?
- How will the program address individuals who are experiencing early psychosis?
- Will participants be required to check in? Who will the participants be checking in with?
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This project’s success will be evaluated based on data and reports required by grant recipients to submit for review on a schedule.
Those interested may email applications or questions to grants@idoc.idaho.gov.
Sources: Tristan Lewis, “IDOC’s Investing In State and Local Mental Health Programs to Reduce Crime,” ktvb.com. IDOC Pre-Prosecution Diversion Grant Program.
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AN UPDATE ON TREATMENT AND TESTING FOR HEPATITIS C
After a notice was posted to my unit’s message board in February, announcing that IDOC was proposing to settle a class action lawsuit brought over insufficient medical care for clients infected with Hepatitis C (Turney v. Atencio), I submitted a medical request to be tested for the virus, curious of the way such requests might now be screened.
Within a day I was confronted by a nurse from the doorway that leads to the slab of concrete called rec. With a CO by her side, and in front of several others, she demanded my reasons for wanting to be tested– perhaps seeking some admission that pertained to pipin’ dudes, collecting new tattoos or sharing dirty needles. When I cited the lawsuit, she requested the court order. And that was the last I heard until the season had twice changed.
Comes August 20, precisely six months later, and I find myself informed in a much more private room that someone will arrive first thing in the morning to take my blood for testing. “Sorry for the delay.”
When prodded, the practitioner explained the contention I received from the nurse. “There have been difficulties getting everyone on the same page.” She then recommended to me that I recommend to others that they request to get tested while the testing is good.
That same day, I watched as treatment began for another; one pill after dinner for the next ninety days and he’ll be cured of the infection he’s been harboring for years.
Please pass the news and encourage your loved ones to get tested for the virus, regardless of whether they feel there is a need to be tested.
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RESIDENT WRITER’S WORK APPEARS IN ‘SCHOLARSHIP FROM THE INSIDE’ SERIES
A collection of articles selected from the First Amend This! newsletter was recently featured by the New York University School of Law’s online publication The Harbinger, in a series titled “Scholarship from the Inside.”
The Harbinger kindly introduced the selected articles with this statement:
The Harbinger is proud to present selected works of Patrick Irving. Irving writes First Amend This!, a monthly newsletter that offers a firsthand look into the Idaho prison system, drawing from his personal experiences in a maximum security institution. Irving writes with a sharp eye toward injustice, documenting day-to-day deprivations and abuses that plague the system. His scathing sense of humor percolates throughout his detailed accounts, creating a unique voice that powerfully critiques his surroundings.
The Harbinger is pleased to share four pieces from various issues that Mr. Irving and those in Idaho prisons have confronted over the past few years.
In return, Mr. Irving sent The Harbinger a Patrick-from-Sponge Bob, prison makeshift thank-you card, filled with messages of gratitude from those who share his unit and appreciate The Harbinger for helping us voice our concerns.
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COVID NEWS
Since the start of COVID-19, the IDOC has administered over 76,851 tests to those of its clients it’s keeping in-state. More than 6,800 have been reported as positive since testing started.
Kevin Dayton with Honolulu Civil Beat reports that more than twenty Hawaiian prisoners returning from a CoreCivic facility, that is also holding IDOC overflow, have tested COVID-positive. In response, Hawaii’s Department of Public Safety has ordered CoreCivic to test all Hawaiian prisoners held at the facility.
As IDOC no longer displays testing information for Idaho prisoners held out-of-state, we are unable to inform whether ours, too, will be tested for safety.
Due to a recent climb in COVID levels, visitation remains disrupted at one or more facilities. Please view the Department’s website for updates on:
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- East Boise Community Reentry Center
- Idaho Maximum Security Institution
- Idaho State Correctional Center
- Idaho State Correctional Institution
- South Boise Women’s Correctional Center
- South Idaho Correctional Institution
- Treasure Valley Community Reentry Center
- Nampa Community Reentry Center
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Those who have received their initial vaccination are encouraged by the Department to follow up with booster shots.
Residents experiencing issues related to COVID are invited to forward exhausted grievances to:
ACLU Idaho
PO Box 1897
Boise, ID 83701
View IDOC’s COVID report here.
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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. The program, funded by an advocacy arm of St. Vincent de Paul, shares what it’s like to live incarcerated in Idaho and come out of incarceration to live life on parole.
After starting in 2006 as an intern in SICI’s Education Department, Daina Drake coursed through various facilities in multiple capacities. Most recently she beat out a widespread field of candidates to become the Department’s newest Reentry Manager. Last month she joined Mark to discuss her new position and the goals that she’s working toward for all seven Idaho districts.
Rebecca White, with Moonlight Mountain Recovery, understands the holistic nature of recovery and the work required to overcome the stigma of incarceration. Freshly pardoned and in the process of becoming a certified drug and alcohol counselor, Rebecca also joined Mark on his show last month to share her perspective obtained as a formerly incarcerated, active force in our community.
Visit svdpid.org for reentry resources and programs available in Southern Idaho.
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RESIDENT AUDITING 101
This month it was discovered that IDOC has a Research & Statistics Department, which is responsible for providing “statistical reports, business analytics and independent research that is critical to the agency and the public,” including the following yearlies:
— Citizen Centric Report
— Incarcerated Population Report
— Community Population Report
— Annual Community Gap Analysis
— Justice Reinvestment Initiative Impact Report
— Timely Release Report
— IDOC Program Effectiveness Report
June’s public record request for facility staffing levels was delivered incomplete and arrived in the middle of August. Between March and June, the highest recorded facility vacancy rate was 29% at ISCI. After consulting with staff whose experience indicated a different reality, it’s suspected that “staffing levels” include employees in training and employees taking leave.
A request for all Pre-Prosecution Diversion Grant applications and awards returned August 25 with “no records found.”
April’s requests for the following have yet to be filled:
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- Keefe sales volume reports for the weeks of 7-15-21 and 1-21-22
- Notes, minutes and documents from the two commissary review committee meetings prior to 4-19-22, as well as all written requests submitted to the contract manager prior to these meetings
- Revenue payments made from Keefe to IDOC from March ’21 to March ’22
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RECOMMENDED RESOURCES FOR INCARCERATED PERSONS
Thanks to Charlotte West with the College Inside newsletter for introducing us to “The Sentence That Creates Us,” a new book focused on writing behind bars. This book features the work of more than fifty writers, most of whom are justice-involved themselves. Its pages are filled with advice, inspiration and resources available to incarcerated individuals.
PEN America is now distributing 75,000 free copies of this book to individuals in prison, as well as to higher education, prison libraries and creative writing programs working with justice-involved communities. A copy can be requested online here, or by writing to:
Prison Writing Program
c/o PEN America
588 Broadway, Ste. 303
New York, NY 10012
College Inside, a newsletter about prison education, is produced by Open Campus, a national nonprofit newsroom that covers college-in-prison programs, Pell Grants for incarcerated students, career and technical education, and education in juvenile justice facilities.
Sign up at https://www.opencampusmedia.org/college-inside/
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INMATE SERVICES AT WORK
8.22.22
To: Prison Journalism Project
Re: Keefe Confounds ‘Em With Tactical Math
I can confirm that I did receive the Keefe contract through a records request.
As a prison journalism organization, you may be interested to know that I have created a section in my newsletter called “Resident Auditing 101.” This is where I update others on which requests I, the Resident Auditing Committee (RAC), has coming or going. When there are unreasonable delays for record requests, I try to bring attention to those as well–sometimes through fiscal policy groups, sometimes through legislators or various local media. It’s a bit of an experimental model, as are most of those I’m playing with…
I have it in my mind that the RAC is to act as an introduction to a much larger project, through which I intend to promote the idea that civic engagement has restorative properties and that prisoners/returning citizens should never be discouraged from having lost their right to vote–as there is still plenty they can do to help shape their families’ future.
I hope your organization will consider adapting and promoting some part of this model, perhaps in your newsletter, or maybe some other way.
Please let me know if you have additional questions.
Cheers,
Patrick Irving 82431
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SUGGESTION BOX
I suggest the Department share its Current Strategic Plan with its clients, either by posting it to unit message boards or presenting it through JPay. I suggest this because:
After coming aware myself
through a friendly,
foreign helper,
I found myself
infected,
strangulated
by positive outlook,
prophylactically
protected from
promiscuous cynics
among us.
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Shout-out from Chad to Old Man Hollon: Happy 81st, now diaper-sheath that wiener!
next: First Amend This!: An IDOC Newsletter, Oct. ’22 (The Ad-Seg Issue)