First Amend This!: An IDOC Newsletter, Apr. ’23

Previous: First Amend This!: An IDOC Newsletter, Mar. ’23

Welcome to the April 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

The correction that appeared in November’s issue was itself incorrect. Amendment Fourteen of IDOC-CenturyLink Contract 014-017 shows that CenturyLink will remain the communication service provider for Idaho prisons until at least June 30, 2024.

I apologize for any confusion.

Let’s First Amend This!

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GOVERNOR REQUESTS $24M TO IMPROVE IDAHO’S MENTAL HEALTH FACILITIES, JFAC SAYS NO

In an article published last month by the Idaho Capital Sun, Audrey Dutton covered the story of a northern Idaho man named Ben who, in the absence of criminal charges, has been involuntarily committed by a judge to the Idaho Maximum Security Institution (IMSI) to undergo treatment for severe mental illness.

Dutton shares from a letter sent by Ben’s mother, Diane (first names used to protect Ben’s medical privacy), to Idaho Gov. Brad Little:

“My son has been warehoused in the Idaho Security Medical Program in solitary confinement twenty-one out of the last twenty-eight months, without being convicted of a crime,” she wrote in a message to Little earlier this year. “I’m gravely concerned for my son’s health, welfare and safety. He is progressively getting worse from the effects of the prison environment.”

One day after Dutton’s article was published, the Joint-Finance Appropriations Committee (JFAC) refused a $24 million budget request submitted by Gov. Little on behalf the Idaho Department of Health and Welfare. The money was to be used for what Dutton describes as, “a secure, forensic 26-bed mental health facility to care for patients committed and determined dangerously mentally ill by Idaho courts,” and also for improvements to state-run mental health facilities in multiple Idaho districts.

IDOC spokesperson Jeff Ray informed the Sun by email that the Department is fielding an increasing number of referrals for Idaho’s psychiatric prison program.

According to one IMSI employee familiar with the program (name withheld to protect from reprisal), the IDOC “rents” a total of ten beds to the Idaho Department of Health and Welfare. The beds–9 for men, 1 for women–are used to house individuals, criminally involved or not, who have been ruled by a judge to pose a violent risk to themselves or others. Once in IDOC custody, a psychiatric treatment coordinator works closely with the Department of Health and Welfare to coordinate prison-provider treatment options and file reports as needed.

IDOC’s chief psychologist, Walter Campbell, reportedly says that these beds are usually full and the typical length of stay for psychiatric admissions is 4 to 6 months.

The Sun’s deep dive into Ben’s situation paints a vividly confusing and disheartening picture.

[Records] show he was admitted last September after allegedly assaulting a nursing staff member about 10 days ago at a state-run psychiatric hospital:

“I must reiterate (and I have done so by phone several times) to Health and Welfare that this is an inappropriate place for this patient to be treated because it lacks the level of care that he requires,” Ben’s psychiatrist at the prison wrote Sept. 6, in a medical record from Ben’s arrival at the prison.

Further illustrating the urgent nature of the situation, Dutton writes that the most recent medical records reviewed by the Sun describe Ben “refusing to take his medication, laughing hysterically, yelling, spitting on the glass window of his cell–in other words, [suffering from] symptoms of an untreated disease.”

View Dutton’s story here.

Source: Audrey Dutton, “He’s in a Prison Cell, With No Criminal Conviction. Idaho Put Him There for Mental Health Care,” Idaho Capital Sun.

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WEEK ONE, DAY FOUR BREAKFAST (MAINLINE)

Men/Women
______________________________
Oatmeal 1.5 cups / .75 cup
Coffee Cake 1 slice / 1 slice
Scrambled eggs 4 oz. / 3 oz.
Sugar 2 pkts / 1 pckt
Milk 8 oz / 8 oz
Margarine patties 2 / 2
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THE FIRING SQUAD IS A THING AGAIN

After passing favorably through the House and Senate, Idaho House Bill (HB) 186 was signed into law by Gov. Little on March 24, making the firing squad the state’s newest go-to option for exacting executions in the absence of lethal injection drugs.

IDOC spokesperson Jeff Ray told the Idaho Statesman in an email that the bill came as a surprise to the Department’s administration.

While testifying in his official capacity last year in support of HB 658, a secrecy bill that now protects lethal injection drug dealers from the fact-finding public and courtroom requests for discovery, IDOC Director Josh Tewalt told legislators when asked the possibility of using a firing squad, “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.”

Despite the protections provided by HB 186, Tewalt’s administration has thus far failed to convince lethal chemical pushers to re-up its fatal stash.

The bill takes effect on July 1^st, at which time, if still unable to obtain the chemicals used for executions, Tewalt will be required to convert a crew of correctional workers into state-mandated assassins.

According to Mia Maldonado with the Idaho Capital Sun, the bill includes a fiscal note estimating the one-time cost of staging a safe space to conduct executions using high-powered projectiles at $750,000 .

Along with Oklahoma, Utah, Mississippi and South Carolina, Idaho is one of five states to option the firing squad for executions–with Utah the only state since 1976 to have deployed the method (a total of three times).

Idaho’s last execution took place in June 2012 and was carried out by lethal injection.

Sources: Mia Maldonado,“Idaho Governor Signs Bill to Allow Firing Squad as an Alternative Form of Execution,” Idaho Capital Sun. Clark Corbin, “Firing Squad Bill Advances to the Floor of Idaho Senate. Idaho Department of Correction Officials Say They Are Unable to Obtain Chemicals for Lethal Injection,” Idaho Capital Sun.

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WEEK ONE, DAY FOUR LUNCH W/SNACK (MAINLINE)

Men/Women
______________________________
Ham Salad 4 oz. / 3 oz.
Bread 4 oz. / 2 oz.
Tortilla chips 1 oz / 1 oz
Bar Cookie 1 each / 1 each
Fresh fruit 1 each / 1each
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PIZZUTO’S EXECUTION THWARTED AGAIN

On March 9, District Judge B. Lynn Winmill granted Gerald R. Pizzuto. Jr. a stay of execution.

Kevin Fixler with the Idaho Statesman writes, “[Winmill] ruled that not enough time was available for him to review at least one of the filings in his court before Pizzuto’s planned March 23 execution. In a three-page stay of execution, he ordered the halt of all state preparations and court actions related to the execution until he has time to fully consider and adjudicate the case.”

Pizzuto, 67, was sentenced to death following his conviction for the 1985 murders of Berta and Delbert Herndon.

This latest death warrant came at the request of Idaho’s new attorney general, Raul Labrador, who played a part in coauthoring House Bill 186 (mentioned in previous article). This marks the fifth time, according to Fixler, since Pizzuto was sentenced that the state has attempted to carry out his execution.

Clark Corbin, “Firing Squad Bill Heads to Governor Brad Little for Final Consideration,” Idaho Capital Sun. Kevin Fixler, “Judge Delays Execution of Idaho Inmate Gerald Pizzuto, Halts Latest Death Warrant,” Idaho Statesman. Ruth Brown, “Judge Grants Stay of Execution for Gerald Pizzuto, Jr., Idaho Man On Death Row,” Idaho Capital Sun.

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WEEK ONE, DAY FOUR DINNER (MAINLINE)

Men/Women
______________________________
Cheese ravioli 5 oz. / 5 oz.
Spinach 1/2 cup / 1/2 cup
Bread 2 oz. / 1 oz.
Margarine pats 2 / 1
Fruit 1/2 cup / 1/2 cup
Spaghetti sauce 5 oz / 5 oz
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PROHIBITION IN IDAHO PRISONS: FRUIT AND YEAST THE LATEST VICTIMS

Idaho Maximum Security Institution Memorandum

Date: March 02, 2023
To: IMSI A-Block
From: Warden Richardson
RE: Meal Alterations

Due to continued manufacturing of home-made alcohol, we are implementing a menu change to this population’s meals. Meal alterations will include yeast-free bread, replacing fruit with vegetables such as celery, tomatoes, radishes, cauliflower, broccoli, jicama. Common fare meals will receive fruit cups versus peelable fruit.

This population will not be the first to experience this type of change. Currently, ISCC has implemented similar changes within their Close Custody population and IMSI has done so with the Protective Custody population.

We are also considering implementing visitation restriction/non-contact visitation for those who receive alcohol related DOR’s. As you are aware, we discontinued this practice a while back, but it is apparent that our generosity regarding this has been taken for granted by many within A-Block population.

We have been very transparent of what our expectations of the A-Block population is, and it it is apparent many have chosen to consider our expectations as invalid, and we must take measures to get our expectations back on track.

As the Facility Head, I have the duty of ensuring each resident has an environment to live in that is safe as possible and conducive to one’s rehabilitation and success for release. With this said, I can assure you the IMSI Administration will be monitoring activities within this population and taking action when appropriate to ensure this population resides in a safe environment.

IMSI PROHIBITION RECAP

In a 2019 effort to combat alleged alcohol abuse among residents, the IDOC placed restrictions on purchases of commissary items suspected of being used by some residents to make alcohol.

The initial restrictions have since turned into a full-on prohibition, with the list of affected items now including sugar, honey, hard candy, soda and everyday fare found on our food service menus.

With nearly four years of data attesting to the apparent inefficacy of prohibition, the Department has yet to offer its most problematic populations any of the following:

• • • Support groups
    • Drug and alcohol workbooks
    • Programming opportunities
    • Educational/betterment opportunities (other than GED)
    • Behavioral incentives (group and individual)
    • Organized activities

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‘CLEAN SLATE ACT’ PASSED INTO LAW

A bill providing select individuals the ability to shield prior criminal convictions from non-law enforcement, public-facing databases was signed last month into law with bipartisan support.

House Minority Leader Ilana Rubel, D-Boise, who co-sponsored the Clean Slate Act with Rep. Clay Handy, R-Burley, appeared last month on Idaho Matters, a Boise State Public Radio show, to encourage all who qualify AND have lawyer money to start the petition process and get their record sealed.

Who qualifies?

Individuals with one-time, low-level, nonviolent and nonsexual offenses who have gone a minimum of five years without any convictions after completing their sentence.

Studies cited during the bill’s introduction suggest that individuals whose records have been shielded through similar programs may be four times less likely to re-offend than average citizens are to commit a crime.

Sources: Alexandra Duggan, ” ‘Clean Slate Act’ Signed Into Law to Help Non-Violent Offenders,” KTVB.com. Ilana Rubel, Idaho Matters, Boise State Public Radio.

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INCARCERATION BY THE NUMBERS

According to a newly released federal Bureau of Justice Statistics report, Idaho continues to imprison females at the highest per capita rate in the nation.

In 2021, Idaho incarcerated females at a rate of 127/100,000, roughly 2.5 times that of the national average: 47/100,000.

Recently, while delivering a performance update to the House Judiciary, Rules and Administration, Director Tewalt provided this context for Idaho’s numbers.: “[W]omen are sentenced to riders at higher rates than men, which affects how many women are included in the total prison population.”

Idaho’s rider program is intended to provide individuals considered low-risk the opportunity to avoid prison by imprisoning them until they complete the program or fail it–at which point (any guesses?) they will remain imprisoned.

Rachel Cohen with Boise State Public Radio reports that additional data provided by the Bureau shows that Idaho is alone in imprisoning a higher percentage of people for drug crimes (32%) than violent crimes (29%).

Here’s how we rank overall.

• • • 1st for females of all ages
    • 5th for all genders over 18
    • 6th for all ages and genders
    • 8th for males of all ages

Idaho is currently in the process of building a new 848-bed women’s facility. Estimated cost: $112 million.

Source: Rachel Cohen, “Idaho Again Leads Country for Female Incarceration Rate,” Boise State Public Radio.

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FROM THE LOG OF PUBLIC RECORDS REQUESTS: R009042-020223

According to contract C014-017, Sect. 16.1, the Inmate Management Fund (IMF) is the fund used by the IDOC “to promote the welfare of Inmates through services, programs and physical purchases.” In the interest  of informing the public and the State, I am pursuing the last four years of IMF activities/statements to examine:

1. 1. 1. 1. Whether the fund ever existed
         2. How it’s been used in recent years
         3. Where payments from prison service providers have been going if not into the IMF.

Please provide this information in accordance with the Idaho Public Records Act. Thank you.

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RENICK ON THE RADIO

With six 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.

3.11.23 — Megan Colledge, an event coordinator for the Idaho Justice Project, speaks on the systematic, educational approach that she and her colleagues are applying towards criminal justice reform in Idaho, and how people impacted by justice can contribute to policy making. Visit casebycaseid.com and idahojusticeproject.org to help.

3.18.23 — As the executive director for Idaho’s Prison Arts Collective, Michael Richardson works closely with the IDOC and its clients to provide mindful, artistic outlets to justice-impacted people. Richardson recently published a compilation of letters written from prisoners to younger versions their selves. The compilation, “Dear Me,” is now available through Amazon. Learn more at idahoprisonarts.org and idahoinsider.net.

3.25.23 — Following his appearance at Storyfort, author David Steece discusses the process of dissecting the deeply embedded beliefs that once held him in intolerance and hatred, and the shock of returning to civilization after 20 years of incarceration. Steece’s book “20 to Life: Essays of A man’s Journey to Change Throughout Incarceration,” is now available at select retailers.

For information on reentry resources available in southern Idaho, call Mark at 208-477-1006, or visit svdpid.org.

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FAMILY REUNIFICATION

The AVC Media Group, which includes residents of the South Idaho Correctional Institution (SICI), recently produced a video of a family reunification carnival held in September at SICI.

The carnival, made possible by residents, administration and security staff working together, marked a first for Idaho Corrections and the community it serves.

Click here to view.

Source: IDOC Facebook

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RECENTLY ACKNOWLEDGED

Statewide — The women of IDOC were honored throughout March in celebration of Women’s History Month. View the IDOC pages on Facebook or Instagram for details.

ICIO — Ofc. Chad Loughran was recognized for 15 years of service; Cpl. Earl Durham was recognized for five years of service.

District 4 — Probation and Parole’s Ryan Hertling and Stephanie La Duke-Lakey were each recognized for ten years of service.

IMSI — Tina Wofford was celebrated as February’s Employee of the Month. And, after being served over 500 meals containing ingredients that presented a serious risk to his health, resident Chad Hollon finally re-convinced the Department and its contractors that he is still, in fact, severely intolerant to onions. During the 3.5 years it took to have his medical diet reinstated, Hollon says he was sent to the hole four times for presenting the issue to staff.

EBCRC — Kandice Ackerman and her fellow residents pooled funds to raise $696 for Pet Haven, a cat adoption center in Nampa. Ofc. Jim Dixon was recognized for 20 years of service; Ofc. Samuel McClure was recognized for 10 years of service.

Distict 5 — Maria Jayone Fitzhugh was celebrated for 10 years of service.

SBWCC — Recognized for his bravery and for performing life-saving measures, Ofc. Carl Haynes was awarded IDOC’s Silver Cross.

SICI — Ofc. David Sturm was recognized for 15 years of service and Clinical Supervisor Jeremy Clark was recognized for 10 years of service. Ofc. Alfredo Hipolito-Sosa was awarded the Department’s Silver Cross for saving the life of a resident.

Central Office — The entire Atlas Team was honored as Employees of the Quarter.

PWCC – Lt. Thomas Genera was recognized for 25 years of service.

Source: IDOC Facebook, Instagram.

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RESIDENT AUDITING 101

As of April 1, our wait for the following public records requests continues:

1. 1. November’s request for all payments made from prison service providers to the IDOC in 2022.
   2. December’s request for all grant applications and awards for pre-prosecution diversion programs and trauma invention services for staff.
   3. A list and description of all apprentice programs offered to IDOC residents.

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RESOURCES FOR INCARCERATED PERSONS

Compassion magazine publishes compassionate and introspective articles written by prisoners on Death Row and prisoners serving life without parole (LWOP).

Contributors and readers are provided with an opportunity to positively impact the families of murder victims by donating prison artwork to be sold for college scholarships.

Using funds generated from prison artwork and tax-deductible contributions, the magazine has awarded over $60,000 in college scholarships to family members of murder victims.

The magazine is sent free to all 2,500+ Death Row prisoners, as well as to 2,000 of the over 50,000 individuals serving LWOP.

To subscribe or contribute:

St. Rose Peace and Justice
Compassion
P.O. Box 623
Perrysburg, OH 43552
419-874-1333
www.compassionondeathrow.net

Compassion also recommends siblingsofmurderedsiblings.com

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INMATE SERVICES AT WORK

Covert Action Institute
55 Gerard St., Ste. 1323
Huntington, NY 11743

3.13.23

Dear Covert Action Institute,

I am writing to ask to what extent your organization works with incarcerated journalists, and to offer myself–a member of PEN America’s new Incarcerated Writers Bureau, and also a writer for Prison Journalism Project–as an asset to your network. Enclosed is a self-addressed envelope; any information you can send in response will be appreciated.

Cheers,
Patrick Irving 82431

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SUGGESTION BOX

How about we try approaching the alcohol problem with:

1. 1. Drug and alcohol treatment options
   2. Behavioral incentives (group and individual)
   3. More inclusive betterment opportunities
   4. Opportunities to participate in peer support groups
   5. Constructive distractions

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Shout out to Danielle Squillante with the Prison Policy Initiative–thank you for helping to keep us informed!

“The Scoop”
— Beastie Boys

Next: First Amend This!: An IDOC Newsletter, May ’23