Previous: First Amend This!: An IDOC Newsletter, Nov. ’22
Welcome to the December 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, copy and paste, or print and send this issue to another.
Loved ones are encouraged to join the Idaho Inmate Family Support Group (IIFSG) on Facebook or contact the group’s admins 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
In December 2019, I wrote and published the first edition of the First Amend This! newsletter as way to call attention to issues affecting Idaho prisoners and their loved ones.
Two issues, to be specific: 1) flaws within IDOC’s grievance system enable staff to investigate themselves for misconduct and; 2) the Department wasn’t holding itself or its contractors to the standards established in legally-binding contracts.
You might say that I was suffering from delusions of grandeur (supported by the fact I that I had no prior experience in journalism) as I presumed it would take sixty days, tops, before someone at Central Office put a stop to my monthly missiles by addressing those two concerns.
Unfortunately, as they say of presumptions: “You can’t just run around spewin’ all your ‘umptions at everyone whose job it is to see the job gets done!”
And so it goes–
CHRISTMAS-COUNTDOWN EXECUTION WON’T BE SAVED BY SANTA
On November 16, Idaho District Court Judge Jay Gaskill issued a death warrant for Gerald Pizzuto, Jr., 66, who has remained on Death Row for the last 36 years, convicted of the 1985 murders of Berta Herndon and her nephew Delbert Herndon.
With the warrant promptly served to Pizzuto at the Idaho Maximum Security Institution, the IDOC scheduled the execution for December 15.
On November 30, unable to procure the chemicals required to put Pizzuto to death, the Department announced that his execution would, for the fourth time, be delayed .
Earlier this year Director Josh Tewalt testified before Idaho’s House Judiciary, Rules and Administration Committee, not as a proponent of the ultimate penalty but as a state employee tasked with ensuring its implementation. “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.”
Following his testimony, the Idaho Legislature passed into law House Bill 658, a widely criticized secrecy bill designed to protect the identity of any person or business who compounds, synthesizes, tests, sells, supplies, manufactures, stores, transports, procures, dispenses, prescribes or gets high from selling the substances used in an execution.
A few months prior to the passing of H.B. 658, the Idaho Commission of Pardons and Parole voted to commute Pizzuto’s sentence to life without parole–a sentence they likely expected to have been fulfilled by now, as terminal bladder cancer, heart disease and diabetes have been working hard to stamp Pizzuto out au naturel.
Citing the brutality involved in Pizzuto’s crime, Governor Brad Little opposed the Commission’s recommendation; but it wasn’t until after several battles through the courts that Little was able to reverse the Commission’s clemency.
Pizzuto’s legal team has filed a claim through federal courts, seeking a preliminary injunction to further postpone the execution and force the IDOC to unveil the measures it takes to procure and ensure the quality of lethal injection chemicals. They’re concerned that Pizzuto may experience severe levels of pain when the execution drugs mix with with those that treat his other ailments.
Following these concerns, Pizzuto has now thrice requested to be placed in front of a firing squad.
When asked during the committee hearing whether this would be possible, Director Tewalt demurred: “I don’t think you could expect fewer legal challenges to a firing squad. And more importantly, I don’t feel as the director of the Idaho Department of Correction the compulsion to ask my staff to have to do that.”
Lethal injection is currently the only form of execution legal in Idaho, a state that currently counts eight people on Death Row.
The Department neither comments on ongoing litigation nor notifies clients other than those to be executed that a homicide is scheduled to take place on facility grounds.
The Department has neglected to proactively recommend mental health services for residents who are feeling stressed by this execution that, for many, strikes very close to home.
Sources: Kevin Fixler, “Execution of Pizzuto Delayed by Lack of Lethal Drug,” Idaho Statesman. Ruth Brown, “IDOC Says It Doesn’t Have Lethal Injection Chemicals After Court Schedules Death Row Inmate’s Execution,” Idaho Capital Sun. Kevin Fixler, “Unable to Buy Lethal Injection Drugs, Idaho Seeks to Shield Potential Suppliers from Scrutiny” Idaho Statesman. Keith Ridler, “Idaho Governor Signs Law Shielding Sources of Execution Drug,” Associated Press. Clark Corbin, “Idaho House Passes Bill Granting Confidentiality in Executions. Identities of Lethal Injection Drug Suppliers and Manufacturers Would Become Secret Under House Bill 658” Idaho Capital Sun.
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IDOC CHRISTMAS DINNER
Roast Pork Loin 5 oz
Corn Casserole 1/2 cup
Mashed Potato 1 Cup
Brown Gravy 1 Cup
Spinach Apple Salad 1 Cup
Dinner Roll 2oz
Margarine 1 pkt
Angel Food Cake/Strawberries 1 slice
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NEW REQUIREMENTS FOR PRISON TELECOM PROVIDERS
On September 29, 2022, the Federal Communications Commission (FCC) adopted rules that require prison telecom companies to provide communication-disabled customers with Telecommunication Relay Services (TRS) at no additional cost by 2024.
The rules apply to all carceral systems–including youth, immigration and severe-mental health facilities–that use broadband services and count more than 50 people incarcerated in the entire system at one time.
The rules also require service providers to do the following:
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- Lower the ancillary fee caps on all charges for single-call services.
- Lower the cap on provider charges for processing credit card, debit card and other payments to calling services accounts.
- Discontinue the confiscation of funds from inactive calling accounts until at least 180 days have passed without account activity, and then refund the balance or dispose of the funds in accordance with applicable state law.
- Report more information about TRS and disability access.
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Helping Educate to Advance the Rights of the Deaf (HEARD), a DC-based advocate organization, wrote in a letter to supporters that the rules were a victory for hundreds of communication-disabled, incarcerated individuals who, over the course of a decade, have written the FCC to detail their daily struggles. “We offer humble and deep thanks to our currently and formerly incarcerated loved ones–all of whom have lost so much from the injustice and sacrificed and risked so much to force these changes for themselves and future generations.”
Prisoners and loved ones with communication disabilities are encouraged to contact HEARD and ask how to get involved:
HEARD
P.O. Box 1160
Washington, D.C. 20013
202.436.9278
contact@heardadvocates.org
Sources: Notice from HEARD (11.11.22). FCC News, “FCC Acts to Ensure Access to Communications Services for Incarcerated People With Disabilities.”
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IMPORTANT MESSAGE FROM THE IDOC REGARDING JPAY VIDEO VISITS
We are aware that video visits are not being scheduled to the proper kiosks. We are actively working with JPay for a quick resolution. This is our top priority and we hope this will be resolved by Monday, December 19.
We apologize for the inconvenience and frustration you are experiencing. If you missed a visit and were charged, please call the help desk at 1-800-574-5729 and request a refund.
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DIVISION OF PUBLIC WORKS NOW ACCEPTING APPLICATIONS FROM CONTRACTORS TO BUILD NEW PRISON AND ADDITION
The Division of Public Works is now seeking bids from construction and design firms for the new 848-bed women’s prison and the 280-bed addition to the Idaho State Correctional Institution (ISCI) that Idaho Legislature approved earlier this year.
With a combined budget of $155.8 million, the two projects are predicted to relieve county jails of IDOC overflow and enable the return of state prisoners currently housed in a privately run, CoreCivic prison in Arizona.
Both structures will be erected in the Kuna prison complex south of Boise. The location is expected to help the IDOC reduce costs associated with shuttling females to and from the Pocatello Women’s Correctional Center for classification, intake and medical purposes.
The addition to the men’s facility will be used to better meet the medical and ambulatory needs of an aging prisoner population–the inevitable consequence of Idaho’s extreme sentencing structures.
The Division of Public Works is accepting applications through January 18 and expects to finalize a contract by March.
Source: Ian Max Stevenson, “Idaho Plans to Build Two New Locations for Prisoners. Where Will They Be Located?” Idaho Statesman.
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SIX SIGNIFICANT STRIDES TAKEN THE LAST TWO YEARS
Over the course of the last two years, the IDOC has worked with the support of the Idaho Legislature to better address the needs of its workforce and clients.
Here are the six most noteworthy moves as viewed from a cell at IMSI:
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- A $4.5 million investment into Connection & Intervention Stations provided supportive services for people on supervision, presumably preventing revocation and extending time at liberty.
- The Idaho Legislature, the IDOC and the Behavioral Health Council made funding available for pre-prosecution diversion programs (PPD), thereby encouraging Idaho districts to work with community partners in creating alternatives to incarceration. Though public records requests for PPD grant applications and awards continue to come up empty, the funding that was made available implies that Idaho’s higher-ups are at least expressing an interest in the damage being done by our current sentencing system.
- Amidst an ongoing staffing crisis, the IDOC implemented pay raises, hiring and retention bonuses, and committed to providing a significant percentage of staff with career development opportunities. Later, in what was openly billed as an employee wellness program, the Department offered grants to behavioral health professionals capable of delivering staff treatment services for corrections fatigue and trauma. Though public records requests reflect an absence of applicant interest, the IDOC is being seen as proactively searching for a solution to their staffing issue.
- The new women’s prison is not the perfect solution, but its construction does align with Director Tewalt’s December 31, 2020 assertion that the Department is “currently assessing our practices for incarcerated women so that we can provide help and support that is more targeted to the unique needs of women.” We take it as a positive that these needs have been acknowledged and are being acted upon.
- This year, a collaboration between the University of Idaho, Lewis-Clark State College and the Department of Education brought postsecondary for-credit classes to select groups of residents. The Department then announced its intent to expand educational opportunities throughout all facilities. This is a significant move that will likely improve many lives.
- By participating in events like Recovery Out Loud, held annually in Eastern Idaho, and the Convicted Conference, premiered this year in Meridian, the IDOC projected a willingness to form stronger ties with the community. For example, at the Convicted Conference, in the interest of developing solutions and networking new resources*, the Department invited incarcerated speakers, parole and probation officers, volunteers, mentors and justice-affected families to speak with a mixture of organizations and agencies. Both events were seen to inspire hope and collaboration, ingredients necessary to the process of moving the community forward.
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For more information on the Department’s strategic vision, goals, programs and initiatives please visit idoc.idaho.gov.
*Unfortunately, multiple efforts to make complementary issues of this newsletter available to attendees were dismissed by the event’s organizer without explanation. This was unfortunately seen as a contradiction to the message of the conference: that all should be included. We apologize to anyone who, as a result of our helping AccomplishED Venture’s promote the Convicted Conference, shared in our experience and found themselves excluded.
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NOT FOR NOTHIN’, WE TRIED: EDITOR’S NOTE, MAY ’22
The Convicted Conference is coming in June and the following issues could still use attention. Should anyone find an opportunity to introduce these items at the conference, those of us who can’t make it would greatly appreciate it:
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- IDOC’s current use of administrative segregation is placing unnecessary risk upon Idaho communities. Without more action taken towards ad-seg reform, the Department will continue returning their most problematic prisoners back to their communities without programming or supervision. (FAT! Apr. ’21, May ’21, Aug. ’21, Nov. ’21)
- Per policy, pre-interview parole hearing packets are to be delivered four months prior to all scheduled hearings. For some time now, this has not been happening. These packets are portals that lead to one’s future; the information they request can take weeks to put together and the Parole Board tends to notice when the details are left blank. (FAT! Nov. ’21, Feb. ’22)
- The betterment materials being donated by prisoners belong on their prison library shelves and not sent by the Department to unknown organizations. Unknown, due to the absence of transaction records. (FAT! Aug. ’21, Mar. ’22)
- IDOC clients are encouraged to articulate their issues and be patient when approaching their problems through policy. Too often, their efforts are dismissed by staff who don’t take an appropriate amount of time to review that which is being presented. More attention needs to be given to the organized efforts, grievances and concerns of the resident population. (Ref: “Exhausted Grievances In Summary“)
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On behalf of all held in IDOC facilities, thank you for helping our voices be heard.
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PULLED FROM THE LOG OF PUBLIC RECORDS REQUESTS: #R002143-071022
I am requesting all records and information relating to a JPay eMessage that I sent to resident [redacted] on 7/7/2022 3:16:13 am and that was censored on July 7th at 6:37 am.
Said records should include but not be limited to:
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- Names/Associate #’s of all persons involved in the flagging, censoring viewing (or similar) of said eMessage.
- All reasons, views, opinions or similar for flagging, censoring,
viewing (or similar) the eMessage. - All actions taken by all above persons in this matter (examples–communications with other staff, documentations, notes, c-notes, information reports… etc.
- All measures taken in this matter to ensure the protection of my Constitutional Rights to Free Speech.
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I do not need a copy of the eMessage I sent or the email notification sent to me notifying me of the censorship, as I already have this info.
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SICI STAFF HOLD MOCK ELECTION, PROVIDE RESIDENTS VOTING EXPERIENCE
Last month, Education Instructor Kimberly King recruited staff and residents from the Southern Idaho Correctional Institution to celebrate Election Day with an exciting civic exercise.
Together, they transformed the education building into a voting station with American-themed ephemera and highly surveilled privacy booths.
Roughly a dozen residents assumed the position of poll workers, kindly distributing the feel of freedom through non-hackable paper ballots.
With local media summoned to witness, several participants expressed their deep appreciation for being able to partake in the time-honored tradition celebrated by Americans who are more than 3/5 human.
According to the Idaho Statesman, over 590,000 ballots were processed in Idaho this election year.
At the time of Election Day, due to their involvement with the criminal justice system, approximately 25,381 Idahoans were restricted from voting .
Idaho is one of 14 states that restore the voting rights of citizens convicted of felonies once their sentencing requirements are fulfilled. But voting restoration varies from state to state; some states reinstate a person’s voting rights once they are paroled, some revoke the right entirely, and others discriminate based on a person’s crime.
Sources: Alex Brizee, “Who Couldn’t Vote? How Idaho’s Incarcerated Learned to Participate in Mock Election,” Idaho Statesman. Emily White, ” ‘It Gives Me Goosebumps’: Idaho Correctional Residents Get to ‘Vote On Election Day’,” Idahopress.com
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COVID NEWS
Since the start of COVID-19, the IDOC has administered over 80,753 tests to those of its clients it’s keeping in-state. More than 7,012 are reported as positive.
Visitation remains fluid. Please view the Department’s website for updates.
On November 10, ktvb.com reported the IDOC aims to add 73 correctional officers to its staff through a “double-training academy” to alleviate staff-based issues.
Requests for COVID boosters and flu shots have now taken months to fill. According to one IMSI nurse, a shipment of shots arrived but never made it into the refrigerator, leaving them to spoil before they could be distributed.
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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RECENT ACCOMPLISHMENTS
Ofc. Jayden Bentley and Corporal Golden Maverick were awarded employees of the month last month at IMSI.
University of Idaho graduate and Givens Hall case manager Becky Lynn was recently celebrated with a 15 Years of Service Certificate.
IMSI resident and First Amend This! author Patrick Irving published a guest essay last month in the New York Times, an accomplishment he credits to the Prison Journalism Project, a non-profit initiative that counts him as member. Click here to read “Prisoners Like Me Are Being Held Hostage to Price Hikes.”
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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 then come out of incarceration to live on parole.
Off-air, with St. Vincent de Paul, Mr. Renick and his team support individuals returning from prison to the greater Treasure Valley by offering day-one services, recovery and employment programs.
Those expecting to be released without a ride from the Kuna complex south of Boise can ask their case manager to contact Mark’s team for a pickup. A volunteer will arrive and provide a limited shuttle service, including trips to one of two reentry outposts where individuals may receive bus passes, clothing vouchers, food assistance, telephone service and more.
District 3
Monday, Tuesday, Thursday, Friday, 10am – 2pm (closed Wednesdays)
Canyon County Probation and Parole Offices
3110 Cleveland Rd.
Caldwell, ID 83605
District 4
Monday – Friday, 9am – 12pm
3217 Overland Blvd.
Boise, ID 83705
Visit svdpid.org for more information.
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RESIDENT AUDITING 101
The following public records requests were submitted in November:
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- All pre-prosecution diversion program grant applications and awards.
- November’s log of public records requests.
- All payments made from Keefe to the IDOC from 2020 to present.
- The market data Keefe presented, as required, to the IDOC to justify the price increases the company implemented in May.
- A complete list of payments made from prison service providers to the IDOC in 2022, and a complete list of activities from all financial accounts those payments were funneled through.
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October’s request for the current arrangement between the IDOC, ICSolutions and JPay has yet to be filled.
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INMATE SERVICES AT WORK
Re: Interview request, KTVB-TV
11.6.22
Dear Ms. Romero,
Thank you for reading my NY Times essay and for reaching out regarding an interview. While I am certainly willing to appear in your story, I’d like to clarify the scope and direction of your coverage to prepare, and possibly to ensure that I am not missing an opportunity to address other interesting topics. One area for possible focus that is closely related to my essay is the trauma to families who are caught in our juvenile justice system, which allows third-party collectors to pile on exorbitant fees. Another possible topic is the questionable nutritional guidance affecting Idaho’s female prisoners, who in many cases receive half the food portions served to men. There is also an issue with those of our IDOC residents with better-paying jobs who have some trouble saving for needed expenses during reentry.
You can contact me…
I realize that much or your focus right now is on elections. Please take your time in responding.
Sincerely,
Patrick Irving
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RESOURCES FOR INCARCERATED PERSONS
The Prison Journalism Project (PJP) is an independent, non-profit, non-partisan national initiative that works to educate and empower incarcerated writers and train others impacted by incarceration in journalism. PJP counts among its membership an expansive vault of talent. In addition to sharing their stories through PJP publications, the initiative also publishes their work through collaborations with mainstream media.
Prison Journalism Project
2093 Philadelphia Pike #1054
Claymont, DE 19703
www.prisonjournalismproject.org
Click here to read: “A PJP Contributor’s First Byline in the New York Times. Here’s How the Sausage Was Made.” by Mason Bryan
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SUGGESTION BOX
How about we try placing the next delivery of IMSI flu shots and COVID boosters directly into the refrigerator, where they belong, so that we might distribute them before the facility gets sick again?
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And there you have it, folks. Come back and see us next year.
Shout out from Patrick to that pigeon-loving peach worm living in Berlin!