First Amend This! An IDOC Newsletter, Aug. ’24

Previous: First Amend This! An IDOC Newsletter, July ’24

Welcome to the August 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.

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 Erica 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

In this issue:

All hell is breaking loose at Saguaro Correctional Center; FCC votes to lower the rate caps for jail and prison phone and video calls; judge broadens restraining order in Idaho Vagina Trials; sister of Milo Warnock, Hallie Johnson, publishes op-ed on Idaho prisons; drugs, drones and cellphones–a growing concern in corrections; Thomas Creech fouls the friendship of a federal judge and local prosecutor; Boise State Public Radio brings you an Idaho prison gang update; and an IDOC job fair prepares residents for reentry.

Let’s First Amend This!

***

CONFLICTING ACCOUNTS OF CLARK CLEVELAND’S DEATH

Several residents who recently returned from Saguaro Correctional Center (SCC) in Eloy, Ariz. last month presented me with concerns surrounding the death of an Idaho man at the facility they knew only as Cleveland.

I reached out to the IDOC public information officer (PIO) to verify whether they are referring to Clark Cleveland, a man with whom I became acquainted at the Idaho Maximum Security Institution. The PIO recommended I submit my query as a public records request.

I followed her recommendation, requesting the names, dates and causes of death for all Idaho prisoners who have died at SCC.

Unfortunately, Idaho public records law prohibits incarcerated individuals from requesting information that pertains to other imprisoned people, and this law is sometimes interpreted to include those who are deceased. Whether that’s true with this request has yet to be determined–my inquiry remains unfilled as this article is published.

It was another person following SCC operations who supplied me with this news release, found on the IDOC’s X (formerly Twitter) account. It corresponds with the estimated time of death relayed by those who first approached me.

A 39-year-old IDOC resident housed at Saguaro Correctional Center in Arizona, who was found unresponsive on Mon. 6/17/24, has died. Staff performed life-saving measures and called 911. The resident was pronounced dead at 4:19 a.m. Local law enforcement is investigating.

Having compared information provided by the IDOC Resident Finder with media coverage of Cleveland’s crimes, I can say that it appears Cleveland has completed his natural life sentence. But I remain unable to confirm whether he was the subject of the news release without IDOC verification.

Among those I’ve spoken to is an individual who says that he was housed a few cells away from Cleveland the evening he died. He has given me permission to share what he witnessed but asked to remain anonymous for fear of retaliation.

He tells me that he and Cleveland were in the hole on unit HB when Cleveland began screaming that something was burning a hole through his insides, and that Cleveland beat on his door for hours, yelling for staff to help him. Medical staff came onto the unit and spoke to Cleveland multiple times that evening, and each time, he says, they accused him of faking his emergency. Because Cleveland was housed on the upper tier of his unit when they finally brought in a stretcher, prison staff had to carry his bloody and lifeless body down the stairs to the stretcher. He also says that he later spoke to prison staff about what he witnessed, and they told him that Cleveland died on the way to the hospital from a hole being eaten through his stomach.

SCC is a private contract facility that is operated for a profit by the company CoreCivic. It currently houses prison overflow for Idaho, Hawaii and Montana.

Sources: KTVB Staff, “Indictment Claims Accused Shooter Showed ‘Propensity to Commit Murder’,” KTVB.com. Author Unknown, “Clark Cleveland Avoids Death Penalty, Pleads Guilty to Murder,” News Radio 1310 KLIX. Stephen Rockefeller, “Three Idaho Prison Guards Hurt in Inmate Attack,” East Idaho News.

***

WEEK THREE, DAY ONE BREAKFAST (MAINLINE)

[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1 pc — Chuckwagon Patty
1 cup — Farina
8 oz. — Milk 1%
3 oz. — Biscuit
0.75 oz. — Country Breakfast Gravy
2 pckt — Sugar
8 oz. — Vitamin beverage
————————————————

Click here for video.

Source: IDOC Food Service Menu 7.1

***

ALLEGED PRISON EMPLOYEE METH MULE ARRESTED AT SCC

Patricia Fay West, 56, last month pleaded not guilty to six felony charges resulting from her alleged June 20 attempt to smuggle 6 oz. of methamphetamine into SCC.

She was employed by the prison at the time of her arrest.

According to Honolulu Civil Beat reporter Kevin Dayton, the Pinal County Narcotics Task Force searched West’s home after her arrest and found enough meth to bring the total amount in her possession up to roughly two pounds.

West is now facing six criminal charges, including two counts of possession of a dangerous drug for sale and one count of promotion of prison contraband–each a felony punishable with up to 10 years in prison.

An IDOC spokesperson declined to comment on West’s arrest and drug activities at SCC

“But Hawaii prison officials,” writes Dayton, “said in December that no Saguaro staff members had been terminated, arrested or charged with smuggling contraband last year.” This despite a man on the Hawaii side of the facility being found dead in his cell last fall with methamphetamine in his system.

Source: Kevin Dayton, “Police Say Prison Worker Tried to Bring Meth Into Arizona Facility That Houses Hawaii Inmates,” Honolulu Civil Beat.

***

WEEK THREE, DAY ONE LUNCH (MAINLINE)

[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1.5 oz. — Peanut Butter
0.5 oz. — Jelly
2 oz. — Wholegrain Bread
1 — Fresh Fruit/Banana
1 — Weekend Muffin
————————————————

Click here for video.

Source: IDOC Food Service Menu 7.1

***

CELL ESCAPES, CELL INVASION, AMBULANCE RIDE AND LIFELIGHT: MORE REASONS TO BE CONCERNED WITH IDAHO’S CONTRACT FACILITY

On July 27, four Hawaii men housed in an SCC AdSeg unit brutally assaulted another man on their unit after performing what appears to be an orchestrated cell escape.

Hawaii Department of Corrections and Rehabilitation (HDCR) released a statement saying that one of the four aggressors first assaulted a guard who was escorting him, then used the guard’s keys to free three others from their cells before invading the cell of a fifth man.

Honolulu Civil Beat reporter Kevin Dayton has since identified the fifth man as 51-year-old Daniel Kosi.

The guard was taken to the hospital by ambulance, Kosi by helicopter. Both were released the following day.

Kosi’s sister spoke to Dayton about the assault. She says her brother reported being stabbed roughly 50 times in his head and upper body.

Honolulu lawyer Myles Breiner represents a client who is also incarcerated at SCC and claims to have witnessed the attack. Breiner told Honolulu Civil Beat that surveillance video shows the guard who was allegedly assaulted failed to abide by policy and escort his prisoner in restraints with a fellow officer. He also said that Hawaii corrections is now investigating whether that guard was paid off.

“The July 27 attack,” writes Dayton, “comes two months after another Hawaii prisoner at Saguaro was apparently murdered in his cell in another area of the facility.”

Source: Kevin Dayton, “Hawaii Inmates Escape from Their Cells and Attack Another Prisoner in Arizona,” Honolulu Civil Beat. Kevin Dayton, “More Details Emerge on Attack of Hawaii Inmate at an Arizona Prison,” Honolulu Civil Beat.

***

WEEK THREE, DAY ONE DINNER (MAINLINE)

[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1 pc — Salisbury Steak
0.5 cup — Mashed Potatoes
0.75 cup — Vegetables
1 pc — Pumpkin Cream Pie
2 oz — Wholegrain Bread
10 gm — Margarine
8 oz — Vitamin Beverage
————————————————

Click here for video.

Source: IDOC Food Service Menu 7.1

***

FCC VOTES TO IMPOSE NEW REGULATIONS ON PRISON TELECOM PROVIDERS

The Federal Communications Commission (FCC) on July 18 voted to impose new regulations on prison telecom providers that will significantly lower price caps on jail and prison phone and video calls.

Phone calls are to be capped at between 6¢ and 12¢ per minute, depending on the type and size of facility. Video calls will be similarly capped between 11¢ cents and 25¢ per minute.

The new regulations prohibit providers from charging excessive fees for things like depositing funds into an account, and from pocketing unused funds from consumer accounts. They also limit the incentives that companies can offer to those who contract their services to 2¢ per calling minute, and only for costs accrued facilitating their services.

Additionally, providers are now required to make their services more accessible to people with disabilities.

Prison Policy Initiative (PPI) communications strategist Wanda Bertram described the new regulations in a PPI report as “a massive victory in the decades-long fight for prison and jail communication justice.”

Unfortunately, writes Bertram, providers will still be allowed to bundle “regulated services into contracts with unregulated services that charge unfair and unreasonable rate (like electronic messaging and tablet features).”

Editor’s note: The Human Rights Defense Center (HRDC) in 2020 filed a federal class-action lawsuit on behalf of four plaintiffs against providers Securus and Global Tel*Link–now known as ViaPath Technologies. HRDC claims that both companies violated the Racketeer Influenced and Corrupt Organization (RICO) Act by colluding with the billing and processing company 3Cinteractive to fix the cost of single-call services. Anyone who in the past 10 years has paid $14.99 or $9.99 for a single phone call from either providers Securus and Global Tel*Link, now known as ViaPath Technologies, is encouraged to contact the HRDC legal team.

Sources: Wanda Bertram, “FCC Votes to Slash Prison and Jail Calling Rates and Ban Corporate Kickbacks,” prisonpolicy.org. Unnamed Author, “Fourth Circuit Reinstates HRDC’s RICO Claim Against Securus and ViaPath,” Prison Legal News (May 2024).

***

FEDERAL JUDGE TEMPORARILY REINSTATES GENDER-AFFIRMING CARE IN IDAHO PRISONS

Idaho Prison Project founder Julia Piaskowski last month interviewed several transgender individuals incarcerated in Idaho prisons whose medical diagnoses this year became the target of House Bill (HB) 668.

The bill that prohibits state resources–including state-paid health insurance–from being used to treat anyone diagnosed with gender dysphoria was immediately challenged in federal court by three incarcerated individuals, represented by ACLU of Idaho.

Last month I reported that Chief U.S. District Judge David Nye issued a temporary restraining order requiring the state to continue providing hormone therapy to the three plaintiffs. Nye has since expanded the order to include all current residents in IDOC custody who have a diagnosis of gender dysphoria and are receiving hormone therapy.

To better understand how bills like HB 668 impact people who are incarcerated, view “Idaho Trans Prisoners: In Their Own Words” at IdahoPrisonProject.org.

Sources: Julia Piaskowski, “Idaho Trans Prisoners: In Their Own Words (Part 1 and 2),” IdahoPrisonProject.org. Mia Maldonado and Kyle Pfannenstiel, “Federal Judge Temporarily Blocks Law for People In Idaho Prisons On Hormone Therapy,” IdahoCapitalSun.com

***

HALLIE JOHNSON PUBLISHES OP-ED ON CORRECTIONS

In the absence of her brother, Milo Warnock, 45, killed Dec. 10 while locked in his cell at the Idaho State Correctional Center (ISCC), Hallie Johnson last month published an op-ed in the Idaho Statesman, through which she describes awakening to the deficiencies in corrections and how Milo’s story has moved her to advocate on behalf of others.

“During and since Milo’s incarceration,” Johnson writes, “I have learned about the conditions and treatment of inmates at ISCC and the disparity of treatment between facilities. The information I have gleaned is not acceptable to me, and I wish to share it with your faithful readers whose voices might join mine in a call for a change.”

Click here to read Johnson’s op-ed “My Brother Was Killed In an Idaho Prison. We Must Fix Conditions for the Incarcerated.”

***

DRUGS, DRONES AND CONTRABAND CELLPHONES — THE IDAHO STATESMAN REPORTS

With more contraband cell phones confiscated in Idaho prisons this year than in the last five years combined, Idaho Statesman reporters Samuel O’Neal and Kevin Fixler investigate how current federal regulations impede the ability of state prisons to combat drones deliveries of contraband.

Click here to read “Idaho Prisoners Gaining More Access to Banned Phones, Drugs. Drone Drops May Be To Blame.”

***

THOMAS CREECH TESTS THE FRIENDSHIP BETWEEN A FEDERAL JUDGE AND LOCAL PROSECUTOR

Attorneys for Thomas Creech say in a new court filing that U.S. District Judge Amanda Brailsford should have recused herself from Creech’s February request to suspend his execution while he sought a new commutation hearing.

According to Ruth Brown with Idaho Reports, Creech’s attorneys claim that Ada County deputy prosecutor Jill Longhurst tainted the outcome of his January commutation hearing by crediting him with a murder for which he was never charged.

They say in their newest filing that an openly-fluttered-about friendship between Brailsford and Longhurst’s boss, Ada County Prosecutor Jan Bennetts, created the same conflict of interest that Brailsford once cited as the reason for recusing herself from a lawsuit filed against Bennetts.

Per the Idaho Judicial Council’s code of conduct, “a judge shall not convey or permit others to convey the impression that any person or organization is in a position to improperly influence or coerce the judge.”

Brailsford in her response is now contesting the claim that she and Bennets are the kind of friends that Creech’s legal team says they projected during Brailsford’s 2019 installment to the state bench. (Synopsis: Bennetts suggested in a speech that Brailsford was her occasional lunch companion, the kind of friend a person was fortunate to find, one for whom she’d drop everything if asked . . . Brailsford called Bennetts a dear friend in return.) In response to Creech’s newest filing, Brailsford writes, “[Ms. Bennetts] has never been to my home or I to hers. We have not taken vacations together, celebrated holidays together, or shared family occasions together. We have not regularly communicated either by correspondence or by telephone, and in fact, we have rarely communicated.”

Creech is now asking the Ninth Circuit Court of Appeals to weigh in on whether the two women’s friendship was strong enough to tip the scales in favor of his execution.

Source: Ruth Brown, “Creech Claims Judge in Lawsuit Should Have Recused Herself,” Idaho Reports.

***

U.S. ATTORNEY ON YEAR’S LONG DISRUPTION OF IDAHO PRISON GANG

U.S. Attorney for the District of Idaho Josh Hurwitz last month, during an interview with George Prentice on the Boise State Public Radio show Morning Edition, described the legal steps taken by his office, the FBI and the IDOC to disrupt an Idaho prison gang that recently made national news coverage.

For more: George Prentice, “Idaho Feds To-Do List: Target Elder Abuse and Cripple the State’s Most Infamous Gang,” Boise State Public Radio.

***

ONE MAN’S CELL IS ANOTHER MAN’S SAUNA

July’s record-tying nine-day streak of plus-100 degree temperatures was greeted by Idaho State Correctional Institution units 14B and 14C with an overall lack of air conditioning, ventilation and ice.

“Our cooling systems are up and running, but are only designed to lower the temperature by 20-25 degrees,” Chief of Prisons Chad Page announced in a July 10 JPay message. “Remember to drink plenty of water throughout the day to stay hydrated. If you are not feeling well or are experiencing symptoms such as dizziness, nausea, or headaches, please report to staff immediately.”

Portable swamp coolers placed on both units were left with instructions to keep their cooling reservoirs empty.

On July 12, Unit 14 staff delivered a memo stating that they would begin supplying each of the unit’s four tiers with 5-gallon buckets of Gatorade. The drink arrived two and three times a week for approximately three weeks and there often wasn’t enough for everyone to get a cup.

On July 27 at 7 a.m., a corrections officer taking the Unit 14B dayroom temperature showed me his point-and-shoot thermometer reading: 99.1° F.

For those without fans in their cells, it felt even hotter because our cells lack the ventilation that we have in the dayroom. The 8″ plastic fans sold by Keefe commissary for $26.58 (after tax) have been sold out for several weeks, and the company has notified residents over JPay they will remain out-of-stock until mid-September.

(What it did not say is whether the outage is a result of reallocating its inventory to states where prisoners pay more. The Appeal earlier this year reported that Indiana prisons sell 8″ plastic fans for $33, and Cory Doctorow reported that Georgia prisoners pay $32 for the same fan that Delaware’s Sussex County Correctional Institution sells for $40.)

Sources: https://www.weather.gov/boi/ConsecutiveDaysof100. Cory Doctorow, “Greedflation, But for Prisoners,” Pluralistic.net. Elizabeth Weill-Greenberg and Ethan Corey, “Locked In, Priced Out: How Prison Commissary Price-Gouging Preys on the Incarcerated,” TheAppeal.org.

***

A MESSAGE FROM JPAY

Sent to IDOC residents July 7 over JPay.

It has been brought to our attention that prepaid stamps are unable to be used when sending mail. Our development team is actively working on a fix to resolve this. Please be assured that any prepaid stamps purchased will not be lost during this time and will remain on your account. We apologize for any frustration and inconvenience this has caused.

Another announcement will be sent out as soon as we have an update. In the meantime, please be patient and refrain from submitting concern forms or grievances on this issue.

***

ISCC JOB FAIR

An ISCC job fair last month provided residents who were within six months of their scheduled release date an opportunity to meet and apply with community employers and organizations who offer support services.

Boise’s KTVB News anchor Brenda Rodriguez reported prior to the event that Idaho prisons last year released 5,101 people back to their communities, and that the number this year is expected to climb.

“We are thankful to the 24 partners and employers who attended this event, and to many others who sent in job flyers and information about their business” the IDOC posted on Facebook. “We look forward to making this a regular practice and expanding it to other facilities.”

Sources: Brenda Rodriguez, “IDOC Apprenticeship Program and Job Fair Aims to Get Inmates Jobs After Prison,” KTVB.com. IDOC Facebook page.

***

RENICK ON THE RADIO

With over seven 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 the Southwest Idaho advocacy arm of https://www.svdpid.org, shares what it’s like to live incarcerated in Idaho and then to come out of incarceration and live on parole.

7.20.24. Doug Austin shares how he is embracing the support of his local community after spending 42 years incarcerated.

7.27.24. Doug Austin returns for a second week to discuss adjusting to life after 42 years in prison and how he is now supporting those following in his footsteps.

Contact Mr. Renick at 208-477-1006 or  visit https://www.svdpid.org for more information on reentry resources in Southwestern Idaho.

***

RECENTLY ACKNOWLEDGED

Residents of the Idaho Falls Community Reentry Center for donating $1,645 to the Eastern Idaho Down Syndrome Family Connect and for planning to volunteer at the Dash for Down Syndrome Race on Aug. 24.

IDOC probation and parole staff during Probation and Parole Week, for their service, support and guidance to community-supervised individuals.

District 3 Probation and Parole Officer Misty King with her division’s Employee of the Year Award.

Source: IDOC on Facebook

***

RESIDENT AUDITING 101

The Resident Auditing Committee last month submitted public records request for:

1) The total number of IDOC residents who have passed away at SCC, including first and last names, date of death, confirmation of autopsy and the suspected cause of death.

2) The number of yearly drug tests performed on IDOC residents at SCC and the number of incidents by year where opioid reversal drugs were administered to IDOC residents.

3) Any legal agreements, statements of work and internal PowerPoint presentations signed or received by the IDOC from Talitrax, Securus Monitoring or any other service provider contracted to provide wearable electronic monitoring technologies within Idaho prisons.

All requests remained unfilled as this issue was sent to press.

***

RESOURCES FOR INCARCERATED PERSONS

Prisoner Visitation and Support is a volunteer visitation program for federal and military prisoners across the U.S., with special priority given to those on death row, in solitary confinement, serving long sentences or not receiving regular visits. PVS volunteers visit once a month with no religious or political agenda. Limited visiting for Spanish speakers. Serves federal and military prisons only.

PO BOX 58068
Philadelphia, PA 19102
215-241-7117
http://www.prisonervisitation.org

***

INMATE SERVICES AT WORK

A message from the advocate group Idaho Families for Sentencing Integrity:

Greetings,

Idaho Families for Sentencing Integrity (IFSI) is a newly formed group of committed citizens with loved ones that have been impacted by incarceration in Idaho. IFSI advocates for policy changes in Idaho that decrease incarceration, reduce recidivism, and improve Idaho’s justice system–particularly for those with substance use disorders. Please join us to become a part of the solution to a problem that affects so many Idahoans.

If you, your family or a loved one has been impacted by the criminal justice system in Idaho, PLEASE take a moment to participate in this brief survey at https://TinyUrl.com/IdReformSurvey. We are in the beginning stages of collecting data from citizens who want to see changes in Idaho’s criminal justice system. As we organize our citizens group we will need information from Idahoans who are willing to work for a change. Please feel free to pass this message and survey on to anyone you know who might have an interest in getting involved in making change happen in Idaho.

“Never doubt that a small group of thoughtful citizens can change the world. It is the only thing that ever has.” — Margaret Mead

Thanks!

[Note from Patrick: Please complete the survey by Sept. 1, 2024.]

***

SUGGESTION BOX

I suggest a no-holds-barred dodgeball tournament between teams of staff and admins.

***

Shout out to everyone following Aww Snap! News @ThePrisonDude on TikTok!

“White Flag”
— Joseph

Next: First Amend This! An IDOC Newsletter, Sept. ’24