Previous: First Amend This! An IDOC Newsletter, Oct. ’24
Welcome to the November 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.
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IN THIS ISSUE
Idaho jails lack oversight, detainee deaths go underreported; IDOC upgrades execution procedures and policies to reflect death chamber renovations; Creech’s on-again, off-again execution; another death at SCC amid water quality concerns; IDOC Corporal Wilske’s shooter is cleared of all wrongdoing; Laserfiche makes client management easier for the department; and the Idaho Sagebrush in Prisons Project restores burn-scarred land.
Let’s First Amend This!
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IDAHO JAILS LACK OVERSIGHT, TRANSPARENCY INTO DETAINEE DEATHS
InvestigateWest last month published a series on the lack of oversight into Idaho jails.
“Idaho is one of three states where sheriffs police themselves using voluntary jail protocols and inspections,” writes InvestigateWest journalist Whitney Bryen. “Sheriffs and jail commanders set their own standards. Annual inspections are voluntary, scheduled months ahead of time, and the sheriffs association conducting the inspections is exempt from the state’s public disclosure law.”
The Idaho Sheriffs’ Association is a nonprofit organization staffed by former law enforcement that advocates for sheriffs. The association’s director, Jeff Lavey, refused InvestigateWest’s request to view the association’s inspection reports, saying they are provided to sheriffs as a courtesy.
The nonprofit, nonpartisan news organization filed public records requests to each of Idaho’s 35 jails and found that 14 this year failed to meet the association’s minimum standards. Zero were penalized for failing or instructed to course correct. (Click here to view the last three years of Idaho jail inspection results, courtesy of InvestigateWest.)
Regarding detainee deaths, InvestigateWest compared public record information with official announcements and media coverage. “Some jails are failing to disclose any details to the public,” writes Bryen. “Others are failing to report them to the state. Even when Idaho jails do submit a report, few details are provided and investigations into what happened are voluntary.”
Idaho jail officials aren’t required to notify the public when deaths occur within their facilities.
Though Idaho jail officials aren’t required to notify the public when deaths occur within their facilities, states who seek federal grant funding for law enforcement operations are required under the federal Death in Custody Act to track and analyze in-custody deaths. The jail death database maintained by the Idaho State Police counts 32 deaths in Idaho jails since 2019. But according to Bryen, it captured zero deaths in 2022. This despite media reports of a 52-year-old woman perishing in Boundary County Jail.
Michael Planty researches jail deaths for the nonpartisan, nonprofit Research Triangle Institute International. He also leads a research team hired by the U.S. Department of Justice and the National Institute of Justice. “What you’re seeing is some jails are more worried about how they’ll look if they report a death, and they assume, as the public, you don’t understand the context or circumstances if they do tell you about it. So, they don’t,” Planty told InvestigateWest.
More than 800 of the 1,200 people that died in U.S. jails in 2019 were not convicted of a crime, according to the U.S. Bureau of Justice Statistics.
Idaho’s jail death rate currently ranks 15th in the nation.
Sources: Whitney Bryen, “Idaho Jails Withheld Details About Dozens of Detainee Deaths,” InvestigateWest. Whitney Bryen, “Without State Protections, Idaho Jail Detainees Face Dangerous Conditions,” InvestigateWest. Whitney Bryen, “More Than One-Third of Idaho Jails Failed Their Inspections. Find Out if Your Local Jail is One of Them,” InvestigateWest.
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THANKSGIVING BREAKFAST (MAINLINE)
[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
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1 pc — Cinnamon Roll
2 oz — Bran Flakes
2 oz — Breakfast Sausage
16 oz — Milk 1%
10 gm — Margarine
2 pkt — Sugar
8 oz — Vitamin Beverage
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Click here for video of last year’s meal.
Source: IDOC Food Service Menu
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IDOC UPDATES EXECUTION PROTOCOLS, BUILDS PREPARATION ROOM ONTO DEATH CHAMBER
The IDOC has updated its execution procedures and protocols to reflect the summer renovations made to its execution chamber.
I wrote last month that the agency has begun retrofitting F Block at the Idaho Maximum Security Institution to facilitate executions by firing squad. The department has since confirmed that it also added a lethal injection preparation room. The room is equipped with an audio-visual, closed-circuit camera feed through which spectators will be able to witness the preparation process.
“Our previous protocols proved effective at protecting the integrity of the process and ensuring adherence with 8th Amendment protections against cruel and unusual punishment,” Tewalt said in a written statement. “These changes enhance the state’s ability to carry out an execution by lethal injection by ensuring we have the infrastructure in place to establish IV access.”
If unable to establish peripheral IV access, IDOC’s medical team will yield to a qualified physician to establish a central IV line deep in the groin, neck or chest.
The Idaho Legislature earlier this year allotted Idaho corrections $750,000 to retrofit the death chamber to facilitate firing squad executions. The total cost of renovations is now approaching $1.3 million, according to the Idaho Statesman and KTVB News.
Idaho’s death row currently houses nine individuals awaiting execution.
Sources: Vinny Saglimbeni, “Idaho Department of Correction Updates Protocols, Procedures for Executions,” KREM. Kevin Fixler, “Firing Squad Chamber Priced at $1M as Idaho Preps for Next Execution by Lethal Injection,” Idaho Statesman. Rebecca Boone, “Idaho Revamps Execution Chamber So Docs Can Access Deep Veins After Lethal Injection Attempt,” Seattle Times. Clark Corbin, “Idaho Department of Correction Creates Execution Preparation Room After Failed Lethal Injection,” Idaho Capital Sun.
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THANKSGIVING LUNCH (MAINLINE)
[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
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1 ea — Fruit
2 oz. — Peanut Butter
1 oz. — Jelly
2 oz. — Whole Grain Bread
3 oz. — Vegetables
1 oz. — Potato Chips
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Click here for video of last year’s meal.
Source: IDOC Food Service Menu.
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THOMAS CREECH AND THE EXECUTIONER: WILL THEY OR WON’T THEY DO IT?
On Oct. 16, the day after multiple media outlets announced the IDOC’s new execution protocols and death chamber renovations, the state issued its 13th death warrant for Thomas Creech, setting his execution for Nov. 13.
Creech was sentenced to death for the 1981 killing of fellow prisoner David Dale Jensen. He’s been convicted of five murders and admitted to losing count of the number of people he’s killed. The state in February attempted and failed to execute him by lethal injection when its volunteer medical team was unable to establish an IV line.
Creech’s lawyers have since requested a new clemency hearing and filed multiple appeals in state and federal venues.
The Commission of Pardons and Parole denied their request for a hearing and all but one of his appeals have been rejected by the courts.
On Nov. 5, a federal judged stayed Creech’s execution to allow time for the Idaho Supreme Court to consider one his legal team’s latest claims: that a second attempt to execute him by lethal injection would amount to cruel and unusual punishment, as well as double jeopardy. (Cruel and unusual punishment is prohibited by the Fourth Amendment of the U.S. Constitution. Double Jeopardy–twice trying and punishing a person for the same crime–is prohibited by the Eight Amendment.) That same evening the state court announced that it was refusing both claims.
Creech’s legal team is now relying on the federal court to accept a similar argument. The deadline for all related legal filings is Nov. 29.
Sources: Jaxon Holmes, “Thomas Creech Issued New Death Warrant After IDOC Updates Lethal Injection Procedures.” Boise State Public Radio. Kevin Fixler, “Idaho Supreme Court Denies Stay of Execution for Thomas Creech as He Seeks Clemency Review,” Idaho Statesman. Richard Rodriguez, “Creech’s Attorneys Seek Clemency Hearing, Backed by Family of California Victim,” KTVB. Kevin Fixler, “Idaho Supreme Court Denies Death Row Prisoner’s Appeal. Federal Stay of Execution Ordered,” Idaho Statesman.
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THANKSGIVING DINNER (MAINLINE)
[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
______________________________
4 oz — Turkey
2 oz — Cranberry
1/2 cup — Mashed Potato
1/2 cup — Gravy
5 oz — Green Beans
1/2 — Cup Stuffing
1 — Margarine
1 — Roll (2 oz.)
1 pc — Pumpkin Pie
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Click here for video of last year’s meal.
Source: IDOC Food Service Menu.
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ANOTHER MAN DIES AT IDOC’S ARIZONA CONTRACT FACILITY
Soosoo Motu, 36, on Oct. 18 was found unresponsive in his cell at Saguaro Correctional Center (SCC), according to Honolulu Civil Beat Reporter Kevin Dayton.
Motu was serving a 10-year sentence for a robbery on the Hawaii side of the facility when he apparently hanged himself, Dayton writes.
The Hawaii Department of Corrections and Rehabilitation released a statement saying that prison staff called emergency services and administered lifesaving techniques before pronouncing Motu dead. The Eloy Police Department and the Hawaii Department of Law Enforcement are investigating his death.
Motu is at least the fifth man this year to have died at the facility.
SCC is privately owned and operated by CoreCivic in Eloy, Ariz.. The facility currently houses residents from Idaho, Hawaii and Montana.
Sources: Kevin Dayton, “Hawaii Inmate Dies in an Arizona Prison,” Honolulu Civil Beat. Kevin Dayton, “Hawaii Inmate Who Died in Arizona Prison is Identified,” Honolulu Civil Beat.
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WATER QUALITY AT SCC PROMPTS ACLU INVOLVEMENT
CoreCivic and Hawaii corrections are denying claims that the water at SCC is undrinkable and creating medical issues for people incarcerated at the facility.
The ACLU of Hawaii last month sent a letter to CoreCivic and Hawaii corrections officials, sharing accounts from Hawaii prisoners who describe the water as toxic, causing gastrointestinal issues, eye irritation and cracked and bleeding skin. The letter alleges that staff are being given bottled water and told to avoid the tap.
The ACLU requested that the water be immediately tested by an independent party. It also called for CoreCivic to install water filters and provide Hawaii men with free bottled water.
SCC’s Hawaii population currently pays $11.85 for a case of bottled water–down from $16.06 earlier this year, according to ACLU of Hawaii’s legal director Wookie Kim.
CoreCivic and the Hawaii Department of Corrections and Rehabilitation released a joint statement refuting all claims that the water is unsafe. But out of an abundance of caution, the statement said, CoreCivic has begun installing water filters on the Hawaii side of the facility.
Sources: Kevin Dayton, “Corrections Officials Deny Prison Water Made Hawaii Inmates Sick,” Honolulu Civil Beat. Kevin Dayton, “Contaminated Water Reports Prompt ACLU to Request Tests at Arizona Prison,” Honolulu Civil Beat. HNN Staff, “ACLU of Hawaii Demands Investigation into Arizona Prison’s Drinking Water,” Hawaii News Now.
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CORPORAL WILSKE’S SHOOTER CLEARED OF ALL WRONGDOING
The Valley County Prosecutor’s office has cleared the Boise police officer who earlier this year shot at IDOC Corporal Wilske following an assisted prisoner escape from a Boise-area hospital. Officer Wayne Anderson claimed to mistake Wilske for an active shooter. Idaho Statesman journalist Alex Brizee has the story: “Boise Officer Cleared in IDOC Corporal’s Shooting. When Will Ambush Details Be Known?”
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IDOC EXPLOITED TO INCREASE THE STOCK OF LASERFICHE
In an article written by Ashley Silver and published by Govtech.com, IDOC Project Manager Cassie Lint describes how the department is using the content management system Laserfiche.
Lint says the department inherited Laserfiche from Correctional Industries (CI) in 2016 after CI switched to a superior inventory management system. She credits Laserfiche with helping to modernize the IDOC’s administrative operations, saying that scheduled updates to the system will further benefit the agency.
“The new client system will help with IDOC’s caseload management for probation [and] parole officers, letting clients submit information digitally instead of having to come into the office or use outdated technology,” Silver writes.
Source: Ashley Silver, “Workflow Automation Saves Time, Money for Idaho Correction,” GovTech.com.
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IDAHO SAGEBRUSH IN PRISONS PROJECT
Women incarcerated in South Boise Women’s Correctional Center (SBWCC) last month helped to plant 300 prison-raised sagebrush and rabbitbrush seedlings on burn-scarred land east of Boise.
The Sagebrush in Prisons project is a collaboration between the IDOC, Idaho Fish and Game, the Bureau of Land Management and the Institute for Applied Ecology. It has been operating in Idaho prisons since 2015. According to KTVB reporter Audrielle Tacket, Idaho prisons today have raised and planted 850,000 seedlings.
Alyson Singer, the Regional Project Manager for the Sagebrush in Prisons Project, touted the programs benefits to KTVB. “It’s allowing people that are incarcerated to learn new skills, to have some peace of mind outside of the prison, to connect with nature, to learn how to work together, to potentially help them get jobs in the future and just be a more well-rounded human,”
Sources: Kate Jacobson and Riley Shoemaker, “Inmates in Idaho Work to Restore Sagebrush Habitat Following Plex Fire,” Kivitv.com. Audrielle Tacket, “Seeds of Change: Incarcerated Women Restore Idaho’s Burn Scar Land,” KTVB.com.
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RENICK ON THE RADIO
With nearly eight years of episodes available for streaming, Mark Renick hosts Victory Over Sin on Boise’s KBXL 94.1 FM, Saturdays at 12:30 p.m. The program, funded by the Southwest Idaho advocacy arm of St. Vincent de Paul, shares what it’s like to live incarcerated in Idaho and then to come out of incarceration and live on parole.
10.5.24. Mike Rivers represents the Boise chapter of The Phoenix, an all-inclusive, active sober community that organizes free events across the nation. Visit http://thephoenix.org to learn more.
10.12.24. St. Vincent de Paul marketing manager Raelyn Young shares how she came into the organization and how new changes to the reentry side of the faith-based nonprofit’s website has made it more user friendly for IDOC case managers.
10.19.24. Bob Anderson is the director of thrift stores for St. Vincent de Paul. He discusses new changes coming to the stores and how his relationship with the IDOC allows him to meet people in prison with employment opportunities..
10.26.24. Conflicted Motorcycle Club prospect Travis Raby compares his life today with his life during addiction. Rabie, who says he feels fortunate to have found sobriety through a 12-step program, now works with his wife to provide sober housing to others.
Contact Mr. Renick at 208-477-1006 or visit svdpid.org for more information on reentry resources in Southwestern Idaho.
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RECENTLY ACKNOWLEDGED
Lt. Miguel Tamez as IMSI Supervisor of the Quarter. Ofc. Miles Dibbern for his service in IDOC’s North Region Honor Guard. Mishelle Montano as Employee of the Quarter for District 5 Probation and Parole. District 5 Sr. PPO Vincent Ortiz with IDOC’s 2024 top Shot Award. Senior PPO Kevin Green, Lead PPO Landon Ladwig and Sr. PPO Lindsay McNally with five years of services. Sr. PPO Rosy Garcia for 20 years of service.
Source: IDOC Facebook page.
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RESIDENT AUDITING 101
Twenty volunteers from as far away as Salt Lake City reported raising $8,000 to bring to 30 men incarcerated at ISCI a Christian-based spiritual event that ran from Oct. 31 to Nov. 03.
The public safety returns from such events are difficult to quantify. But several attendees agree that the wealth of love, purpose and community the volunteers instilled within them is invaluable.
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RESOURCES FOR THE INCARCERATED
Prison Health News (PHN) is a free quarterly publication filled with tips and tricks for staying healthy behind the walls. PHN accepts submissions and handles requests for medical factsheets.
PHN cannot answer more than two questions per letter, interpret test results, diagnose symptoms, provide legal help or analyze complex cases.
Prison Health News
4722 Baltimore Ave.
Philadelphia, PA 19143
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INMATE SERVICES AT WORK
IDOC Policy 404.02.01.001 (Food Service Management) states that “food must not be used to reward or punish.” The Merriam-Webster’s Dictionary defines punishment as retributive suffering, pain, loss or penalty.
To those who have suffered from the loss of food privileges after failing to produce their prison identification to access the cafeteria, I recommend approaching the problem in accordance with IDOC Policy 316.02.01.001 (Grievance and Informal Resolution Procedure for Inmates).
Clearly state that you did not refuse meal service but were deprived food as punishment for failing to comply with direct orders and/or prison policy. Be sure to advise the grievance coordinator that you received neither the notification nor the hearing IDOC Policy 318.02.01.001 (Disciplinary Procedures for Inmates) guarantees you when facing punitive measures.
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SUGGESTION BOX
Call your mother.
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Shout out to everyone who has either tolerated or encouraged my writing this newsletter for the last five years!