Updates

First Amend This!: An IDOC Newsletter, Oct. ’22 (The Ad-Seg Issue)

Previous: First Amend This!: An IDOC Newsletter, Sept. ’22

Welcome to the October 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.

EDITOR’S NOTE

This month we place focus on Administrative Segregation (Ad-Seg), where clients are sent for years to fight through social deprivation in a practice deemed by the United Nations to be extremely f*cking uncool.

Despite the Department making plans in 2018 to overhaul its use of Restricted Housing Units, the only thing that has changed has been the limits on short-term stays and the excuses used to justify a failure to follow through.

And so it’s time once again to revisit the logic used to avoid the course correction that’s been promised now for years.

Where some of the articles presented in this issue are republished with edits in the interest of brevity and fairness, the grievances presented maintain their original splendor. This to allow the Department to voice its own positions and show the discourse that takes place in a properly filed grievance. I hope this will provide you with an objective look at Ad-Seg and some understanding of the damage done to those who’ve been put through it.

Let’s First Amend This!

DECEMBER 24, 2019

The view into the dayroom from window B54 at the Idaho Maximum Security Institution hasn’t changed in years. The same eight desks have sat empty in front of the television with shackles attached suggesting that they’re frequently put to use. Meant to provide opportunities for programming and interaction, the only action they’ve ever seen is when the janitor comes to dust.

Several times throughout the year, a facility wash takes place. And when the foreseeable crowd of visitors amasses in the bubble–an elevated station from where we’re guarded through large windows–someone’s finger always flies in the direction of the desks, presumably inquiring into all their many functions. The response from the guide is always seen to exceed the four syllables required to say simply, “We don’t use those.”

For the last few years now, the Department has touted plans to provide Restricted Housing Units (RHUs) with opportunities to program and socialize in controlled settings; and for the same amount of time, those who reside in RHUs have widely wondered about the information being passed on to these tour groups. Are they made aware of the mental and physical health effects that are linked to RHUs and continue long after imprisonment? Or, of the number who’ve been released directly into the community, to sort through years of isolation without resources or supervision?

What the RHU population would like these groups to know is that, in lieu of behavioral therapies or constructive opportunities, residents residing in the units long-term receive just one hour daily in a concrete, weathered cage–and only on the days in which staff are able to provide them with an escort.

“The dividers are new,” screams a voice in my vent, referring to the grates that make for windows in the concrete. “You used to have to yell through the cracks [where the concrete slabs intersect] to talk to the person next to you. It was weird, finally being able to speak to them while looking into their eyes.” Apparently, people grew so accustomed to speaking through the cracks that a few seem to prefer them over the open range of windows.

I’m gathered in the cages on a drizzly afternoon when the lattice overhead conspires with bird shit, rust and rain to further stain the jacket I’ve been sharing with 95 others. Today’s conversation, again with the new dividers: “It had to have been the tour–they never brought [the tours] out to the cages before that. We saw them come out that once and, the next thing we knew, they were putting dividers in for us. Someone must have asked them to explain themselves. They freak out whenever people ask questions.”

While use of RHUs (and RHUs by other names) continues to be seen an urgent issue across the nation, some states have been slower than others to take action. In the case of Idaho, where the IDOC has openly acknowledged the need for reform, the state appears content with having stalled on half a measure. Though the Department can be credited with reducing limits for punitive use of RHU to 15 days, the limit disappears under the label “Administrative Segregation,” that is used to isolate residents for an unspecified length of time.

Two years, says my new neighbor, is the typical length of stay. “But five at a time isn’t out of the question…”

JUNE 5, 2020

Among the Blood Unmentioned in June…

Four separate trails, outside my cell door, from upstairs to down-, each fresh from a neighbor. And collecting in a puddle, the source slammed face-down, wrists and ankles already restrained, nose broken, ethos bruised.

I watch the puddle as it grows, reaching outward toward the cages–where those unable to afford the device used to message with loved ones are led once a week to a kiosk to check for a hug. Should it manage twice that distance, that slow-going crimson ocean, it will reach the virgin desks where empty shackles all hang cold.

It’s the first cell extraction I’ve witnessed from Administrative Segregation, and it’s while choking on the gas that works to punish the whole unit (somehow used as a solution for subduing individuals) that I grab my notebook and calendar and attempt to extract a correlation from now seeing four at once:

15 Months Ago–Our RHU policies were changed to reflect the IDOC’s “commitment to Ad-Seg reform.” But the changes made in print were never put into effect and all new versions of the policy have mysteriously disappeared.

11 Months Ago–In a Board of Correction meeting, our DOC Director commended the Chief of Prisons and our warden for moving forward with ideas of installing inside caged enclosures, modified programming chairs and enclosed table modules in every RHU. These commendable ideas have not yet been pursued.

7 Months Ago–After members of staff were documented investigating themselves for misconduct, I wrote the Office of Professional Standards asking for permission to submit grievances directly to their office. That office has yet to respond.

6 Months Ago–Our warden circulated a memo promising RHU residents that they’d soon be let out of their cells for three hours daily and be provided with opportunities to participate in programming. Today, we continue to be offered one hour daily in an outside, weathered cage–and only on the days when they’re willing to take us out to rec. Nothing in the memo has proven to be true.

3 Months Ago–In-person visitation was halted due to COVID-19, and the corporation now providing “technological alternatives” has been charging for video visits that seldom seem to work.

3 Weeks Ago–I overheard the captain say to one of those now bleeding who, at that time, was still attempting to communicate issues with certain staff, “Well, then it’s up to you to be the adult…”

1 Week Ago–Management ordered staff to enforce the weekly hour of phone time we’re privileged to receive. Those sympathetic to the need for human communication must enforce the policy strictly, lest they find themselves in trouble.

12 Hours Ago–We received a memo describing the privilege we’re given to combat excessive heat no more than once a day: “Inmates must have their own container for ice. Staff will place one scoop of ice in your container. If you are not ready at your door, it will be considered a refusal of ice for the day…ice service is a privilege and can be revoked based on behavior.”

12 Hours Ago–Yet another memo informed us that, from now on, should we attempt to bring our morning coffee or magazines with us to the rec cages, it will be noted as “a refusal to participate in recreation for the day.”

As I write now–I am listening to my neighbor choke and gasp and beg to be rolled on his side for a breath; while at the same time, our DOC director is sitting behind his keyboard, responding to public outcry from the death of another who begged the same:

“I can acknowledge the pain that’s being expressed here… can listen and learn, and can choose to act in ways that move our system toward greater equity and inclusion instead of otherness… Before us is the opportunity to set the example and standard for how safety agencies should operate. If you betray that trust with your actions, or fail to report others who do, you are not long for this agency. It will not be tolerated, accepted, or ignored within our agency… We’re not choosing between treating people with respect and trying to improve public safety. We can do both. Two things can be true at once.”*

Hmm, I wonder, four in one day. How many will it take for them to see the correlation?

* Josh Tewalt, “Director’s Note 6.5.20”, idoc.idaho.gov

JUNE 10, 2020

Grievance Number: IM 200000280
Category: Conditions of Confinement

The problem is: December 2019 memo stating “all inmates in Administrative Segregation will be afforded three hours out-of-cell time daily… 1½ hours outside recreation and 1½ inside structured activities” hasn’t been honored one time, in part or in full–regarding out-of-cell time.

I suggest the following solution for the problem: Honor the memo, or what parts you can, and release a new memo with an acknowledgement/update.

LEVEL 1 — INITIAL RESPONSE by Sgt. Laing

I do not recall Inmate Irving #82431 stating this concern to me directly, but if he did he would have been informed that the policy is not completed at this time. Once it is completed we will start letting them out of their cells 3 hours a day and complying with policy. All inmates housed in B-Block that have inquired about the new step-up program or asked about the 3 hours out-of-cell time have been informed that the policy is not completed at this time. I recommend that Grievance IM200000280 be dismissed at this time, due to policy not being completed.

REVIEWING AUTHORITY RESPONSE: DENIED by Deputy Warden Gary Hartgrove

Inmate Irving 82431, your grievance IM 200000280 is denied. The newest revision of the Restricted Housing Order (RHO) being used by the Idaho Department of Correction shows an update of 5/5/2018. The updated RHO coincides with a new SOP for Short-Term Restrictive Housing. As of now, the new/updated Long-Term Restrictive Housing (LTRH) SOP has not been implemented. The same RHO is used for both Short- and Long-Term Restrictive Housing. The out of-cell time described in the memorandum will become effective after physical plant modifications are completed and staffing levels are addressed. Headquarters will then evaluate if the SOP will be implemented completely.

OFFENDER APPEAL

No plant modifications are needed to extend the outside rec–the cages already exist. The Department made indoor modifications to one tier to “pilot” dayroom access months ago, and then abandoned the effort immediately. The RHO update mentioned was done two years ago, and [it] mentions a LTRH policy 319.02.01.003 that is still not implemented. An excessive amount of time has passed without any substantial attempt to make progress. Additionally, we are now frequently refused rec due to staffing levels and 3rd Shift’s refusal to do rec moves, which they’ll be required to do should the Department ever seriously consider the offender out-of-cell time they’ve been discussing but not acting upon since 2018. Immediate action is requested–in part or in full–as well as a realistic plan and timeline that should be made available to offenders and their families.

APPELLATE AUTHORITY RESPONSE: DENIED by Warden Tyrell Davis

I have reviewed your grievance and find that I concur with the Level Two response. The out-of-cell time described in the memo will become effective after physical plant modifications are completed and staffing levels are addressed.

JANUARY 1, 2021

Policy Promises, Promises, Promises…

Last year IDOC announced residents in long-term restrictive-housing units (RHUs) would soon see three hours out-of-cell time daily (FAT!, Jan. ’20). Instead, the daily hour they were receiving found itself awkwardly reducing to half.

During July 2019’s board meeting, Director Tewalt announced plans for IMSI facility modifications that would support new standards outlined in the ever unattainable, unimplemented 2018 Long-term Restrictive Housing Program Policy 319.02.01.003*. The modifications — indoor rec modules, proposed and prototyped by an inmate — were to be constructed with cheap materials and inmate labor, offering a way for RHU residents to regularly access their day rooms.

Come early 2020, after breaking ground with the first of many modules, all visible progress came to a halt. Same with the chorus of excitement from hundreds of residents promised less time in the cell and more in the cage. According to RHU staffers, providing transport to the indoor rec modules was a matter of unforeseen logistical complexity: their understaffed shifts simply couldn’t find the time to rotate their pokey’s most popular patrons back and forth patiently between cell and kennel.

But with the day room only accounting for one-half of the new three-hour allotment, there was still another half to be offered outside: essentially, an extra half hour would be added to the daily hour already in practice. Logistically, this appeared to pose no problem: no extra trips were needed, nor staff required, and the rec modules outside were already in use. Nevertheless, the extra half hour was cancelled, and though a reason was given, it was hard to understand.

A grievance filed by this reporter was returned with an explanation stating that the Department was unwilling to allow the extra time outside until the indoor modifications were complete and the facility was properly staffed (FAT!, Aug. ’20). No timeframe was offered, no hope was given.

And then came COVID.

RHU shifts, once able to get everyone outside for at least an hour daily, found the only way to socially distance residents was to operate the rec cages at no more than half-capacity. So instead of directing shifts to account for the time it takes to responsibly rec a whole unit daily, IDOC divided their RHUs in half, and minimized rec for each half to every other day.

One hour. Out of the cell. Every other day. For the bulk of last year, that’s what’s been given.

In considering how the long-term restrictive housing policy was revised but never implemented back in July of ’18, there’s no telling how many more years might pass before the Department makes a respectable effort to meet the standards now sleeping on hold.

Which gives it all the feel of a marathon run that requires keeping pace with the Gears of Weak Intention.

One.

……..Hour.

…………Out of.

………………The cell.

……………………….Every.

………………………………Other.

…………………………………………Day……………….?………………–>………………………………!?!

*Unattainable yet referenced by Short-term Restrictive Housing Policy 319.02.01.001

Ref: Board of Correction Meeting, July ’19. “Exhausted Grievances in Summary, Grievance 15, IM 200000280

FEBRUARY 19, 2021

Grievance Number IM 210000080
Category: Conditions of Confinement

The problem is: Policy 319 (Restrictive Housing) requires “guidelines to ensure inmates placed in restrictive housing (short-term or long-term) for a period in excess of 15 days will have opportunities for three hours or more per day time spent out of their cell.” These guidelines were never established.

I suggest: Please establish the guidelines that Policy 319 mentions so that your facility residents know what they have to look forward to in the future.

LEVEL 1– INITIAL RESPONSE by Lt. Justin Gibney

In response to Policy 319, IMSI introduced our Ad-Seg reform program. Initially, IMSI introduced the use of programming chairs on the tiers. Residents were offered 1 hour out-of-cell time for recreation, as well as 1 hour in the programming chairs. However, this program was suspended shortly after its introduction, due to the increase of violent acts while they were in the programming chairs.

IMSI looked at several other options, including a table enclosure, on-the-tier enclosures, and the reintroduction of programming chairs. However, shortly after these were completed, IDOC, and the world, was affected by COVID-19.

IMSI is still committed to Ad-Seg reform. However, at this time we still have positive cases of COVID-19 in our institution, and we are unable to implement these changes. I do not have an answer on how long COVID-19 will impact our daily operations, or the future of IMSI.

LEVEL 2 — REVIEWING AUTHORITY RESPONSE by Captain Klinton Hust

Lt. Gibney is correct in his response. We are unable to accommodate this due to COVID-19 and practices that were put in place got people hurt rather than helped. Unfortunately the RHO states the time allotted, but we are unable to accommodate this right now.

OFFENDER APPEAL

Lt. Gibney states that only two hours out-of-cell time have ever been planned, yet the policy calls for three. A full year passed without mandate being put in place prior to covid ever entering Idaho. Where some enclosures were installed months before covid, they were never used, and there was time to install more. Covid simply does not excuse the full year pre-covid that IDOC failed to abide–the policy was publicly approved in March of 2019. Policies exist to establish the rules, not display they Department’s wishful thinking.

It should also be noted that this grievance intended to address the failure to provide reliable policy, not complain about Conditions of Confinement. That said, I consider myself at fault for the miscommunication and ask that this grievance finish its process in the category it started, with the understanding that my issue will need to be refiled in the future.

LEVEL 3 APPELLATE AUTHORITY RESPONSE by Warden Tyrell Davis

I have reviewed the grievance and concur with the Level One and Two responses. We are currently in the process of assessing and reviewing Policy 319 as an agency.

JUNE 29, 2021

After months of organizing donations to diversify our library, the library has rewarded me with a 90-day suspension. The reason, they say, is that a book I returned cannot be accounted for. Which makes it the librarian’s responsibility to punish this denizen already rotting in an unreformed Ad-Seg.

It doesn’t appear to matter that, in Ad-Seg, we can only return books through our food slots when they’re opened by staff to pass us our meals; apparently, we’re to be punished for things that staff misplace, as well as for any clerical errors made in and out of the library.

As just one example of a counterproductive discipline, this is perhaps the one that best helps to understand why some residents, when placed into Ad-Seg, literally occupy their time by painting the walls with shit.

Needless to say, I find myself affected, and not from the absence of materials to read. (I’m fortunate in that I just invested in books on prisons and programs, addictions and boundaries, etc. They’re my personal donations to the book drive I’ve been holding in an effort to improve our petulant library.) What affects me is the thought that a policy can be used to actively accelerate one’s mental deterioration .

I’m also bothered by the way these little things all add up, making it impossible to to build relationships of trust with those who wish to coexist, assist or implement change. Because why in the world would you ever offer your trust when all that you’ve been offered is indifference and hardship?

Or, as a prison doctor cited in C. Weinstein’s “Even Dogs Confined to Cages for Long Periods of Time Go Berserk” puts it:

“[I]t’s kind of like kicking and beating a dog and keeping it in a cage until it gets as crazy and vicious and wild as it can possibly get, and then one day you take it out into the middle of the streets of San Francisco or Boston and you open the cage and run away.” (Pg. 121)

AUGUST 1, 2021

The Dirty Tricks That Did Away with Our Ad-Seg Reform

One would get fired and arrested for alleged sexual misconduct with an inmate. The other, who knows? Nobody wants to say. But prior to their departure from Idaho Maximum Security Institution, two correctional officers quite possibly manufactured an incident that would prevent an increase in Ad-Seg staff’s duties.

The incident was reported as taking place in early 2020, when the two were tasked with testing a table enclosure designed to bring IMSI into compliance with Restricted Housing Unit policies. Since 2018, policies 319 and 319.02.01.003 have required RHU residents to spend at least three hours out of their cells daily. Also referred to as indoor rec modules, the table enclosures were to accommodate half of that time, with the other half to be spent in outdoor modules, already offered for one hour daily.

When the two assigned officers were ordered to test the indoor modules–four caged compartments conjoined around one table, built with an opening on the tabletop for hands to play out cards–they were said to have sought a test group that was destined to fail. According to a source who witnessed the event, they picked four people from adversarial walks (a walk is a small assigned social group of inmates): two from Hard walks and two from Soft walks, though never allowed at any other time to mingle, were picked as participants to provide a demonstration of the enclosures.

But all four of those chosen declined to play a part. Suspicious of the way they were pitted against opponents, they felt as though a plan was in place to set them up.

Of the second group approached to test the table enclosures, all four had allegedly already been reprimanded for throwing bodily fluids on each other and trying to flood each other out with a plumbing hack from their own cells. Said to be four of the most psychologically disturbed on the unit, “It was obvious to everyone what was about to happen.” Given notice in advance of who would be sharing the table, all four were said to have arrived with containers of bodily fluids, and immediately engaged in their preferred method of warfare.

The incident was logged, the experiment concluded, and further construction of the indoor modules was halted. Without an adequate representation of residents used to test the modules, they were branded “too dangerous,” and used not once thereafter.

“It’s frustrating,” says our source. “They know who gets along and they know who throws piss on each other. They keep it all logged right there on their computers. They just don’t want to spend the time it takes to put us in cuffs, walk us out to the dayroom and lock us in cages.”

It’s a hypothesis hard to dispute. For one thing, such info does exist in IDOC computers. It’s seen referenced often in reports from Investigations. For another, in Grievance IM 200000280, mentioned earlier in this issue, understaffing was used as the reason to ignore IDOC policies. Which means it could be tempting for staff who are already stressed to manufacture an incident that would eliminate more duties. And finally, the outdoor modules, used almost daily, are still not being used to the extent required by policy. This despite the fact that no extra staff would be needed and the extra half hour per group poses no immediate risk.

When asked last year why the extra half hour outside has yet to be implemented, IMSI’s Warden Tyrell Davis wrote this: “[It] will become effective after physical plant modifications are completed and staffing levels are addressed.”

As for all questions regarding the crude testing of the indoor modules, it’s the rule of Corrections not to revisit a method once you have achieved the results that will lighten your workload.

NOVEMBER 1, 2021

Dear Deputy Warden Susan Wessels,

We are all very frustrated by the lack of effort you’ve been making when it comes to reviewing grievances and policies and answering questions. Though you have asked us to pursue our issues proactively, it seems as though the only effort you are making is to see that the lot of us feel we’ve been ignored.

We have been very clear in communicating that this a problem. And yet you insist on assuming an adversarial position and reiterating inaccuracies while wielding your power.

It is almost as if you believe you’re incapable of mistakes, and able to decipher our concerns without reading them as presented.

To show you precisely the way that this frustrates: Please click on this link to Policy 319.02.01.001. Pleeeeease, Susan. For the love of Christ and all that is holy! All you have to do is click! One miniscule movement! Minimal effort, Susan! Two seconds and you will see the problem we’ve identified and attempted to present to you several times before! Pages 14-21 don’t seem to exist! The link connects to idaho.gov! The policy is dated 2018. Where the **** have you been getting all your information from!?

Susan, please stop ignoring our efforts and put aside some time to review our concerns. I am a firm believer it would do us all some good.

OCTOBER 1, 2022

Almost a year since my time in the back and, though I’m no longer able to provide witness firsthand, what I can see by viewing IDOC policies is that the guidelines for Long-Term Restricted Housing have yet to be written, let alone implemented.

As for the lingering effects that are experienced by so many–why in the world would anyone seek to be treated by the same prison that placed them in long-lasting torment?

COVID NEWS

Since the start of COVID-19, the IDOC has administered over 79,000 tests to those of its clients it’s keeping in-state. More than 6,850 have been reported positive.

Visitation remains disrupted at one or more facilities. Please view the Department’s website for the most current updates.

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.

RELIGIOUS SERVICES DISRUPTED AT ALL IDOC FACILITIES

The IDOC’s contract with 3 Oaks Ministries for Volunteer and Religious Services came to an end on September 30, 2022. The change in volunteer and religious services from contractors to IDOC staff is expected to effect chapel services until a new Volunteer Religious Coordinator is hired. Those who require religious services and chapel access are encouraged to check with their Deputy Warden of Operations for updates.

This change will not affect residents’ ability to order religious items from Keefe.

We’re unable to report at this time whether 3 Oak Ministries will continue to provide services throughout facilities ran by the Idaho Department of Juvenile Corrections.

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 on parole.

From the Cathedral of St. John’s Evangelist in Boise, Deacon Mark Geraty joined Mr. Renick last month to discuss a new evangelism program called Alpha. Geared toward church-questioning folk not well versed on Christianity, the program aims to provide returning citizens with open arms right out of the gate. All are welcome to attend and enjoy a meal and a video before breaking into small groups to walk through their questions with Jesus. Please contact St. Vincent de Paul or St. John’s for details.

Visit svdpid.org for reentry resources and programs available in Southern Idaho.

RESIDENT AUDITING 101

May’s First Amend This! article “Keefe Confounds ‘Em with Tactical Match” incorrectly stated the wages for residents who work in Keefe’s warehouse. Per an amendment made to “Concession Services Agreement For Full Service Commissary Services And Account Management Services,” hourly wages have been raised to $2.50.

April’s requests for the following have yet to be filled:

      • 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.

RECOMMENDED RESOURCE FOR INCARCERATED PERSONS

The Jailhouse Lawyers Initiative (JLI) is a movement of currently and formerly incarcerated jailhouse lawyers, law students, attorneys and community members who work together to practice legal empowerment and organize for change.

Though the JLI is unable to provide members with direct legal assistance, it is committed to distributing legal education resources that are co-created by members both inside and out.

Those interested in signing up for the JLI newsletter or receiving legal learning modules can write:

Tyler Walton, Esq.
Jailhouse Lawyers Initiative
Berstein Institute of Human Rights — NYU Law
139 MacDougal St, B23
New York, NY 10012

INMATE SERVICES AT WORK

9.18.22

Dear Jailhouse Lawyers Initiative,

Thank you for sending another effective learning module from your national Legal Empowerment and Practice Series. As a journalist who frequently requests public records to inform on operations from within my DOC, I was elated to discover the focus of this module is the power to be pulled the Freedom of Information Act. I found it a wonderful lesson that is sure to benefit many and I’m excited to hear the ways that others have been applying it.

The enclosed list was produced earlier this year, after I requested my DOC inform me of all cases they are currently litigating; I hope you’ll consider introducing your initiative to the plaintiffs still imprisoned. I suspect they’ll be excited to relay and participate in future efforts.

Cheers,
Patrick Irving

SUGGESTION BOX

I suggest the Department task the most generous of its visionaries with ensuring cough drops or throat lozenges are placed back onto commissary prior to the start of cold and flu season. I suggest this because even if Medical were willing to supply them, all sickness will have cycled long before the fixin’s reach us.

And that’s the Ad-Seg issue, folks! Thanks for tuning in, we’ll see you back next month.

But not before we throw a hearty shout-out from Will to Georgia! “Hope you’re having a good day, know that I’m thinking of you… XxxO”

“Georgia On My Mind”
— Ray Charles

Next: First Amend This!: An IDOC Newsletter, Nov. ’22

The Commissary Pricelist for Idaho Prisons and the Revenue Sharing Arrangement That Rewards Setting the Highest Prices Possible

May 2024 pricing update

December 2022 pricing update can be found here

Jump to 10-22-2022 update

The September 2022 Keefe Commissary pricelist can be viewed and downloaded here. Although this list was obtained through a public records request, it appears to be missing at least a few items. A few of the missing notables include:

#9480 Amp’d 15″ TV — $287.43
#7015 TV remote control (sold separately) — $13.79
#1272 Timex Ironman Watch T5k821 — $61.17
#3515 Digital alarm clock — $22.98

Those who are curious about the  items that are not listed in the document are welcome to inquire by commenting below, or through the Idaho Inmate Family Support Group on Facebook.

In order to illuminate how revenue sharing arrangements influence the way DOC contracts are awarded, the text below was transcribed from “Concession Services Agreement for Full Service Commissary Services and Account Management Services,” an agreement between Keefe and the Idaho Department of Correction. Other paragraphs from the contract are provided to show protocols and information that can be used in making additional pubic records requests.

Minimum Annual Guarantee (pg. 4, sec. 8)

For the Purposes of this Agreement, Keefe will remit to IDOC a minimum annual guarantee (MAG) commission of $1,250,000.00. The MAG will be split into 12 equal payments of $104,166.77 and is due by the 15th of each month for the prior month. The first MAG payment will be made by Keefe on or before June 15, 2015 and represents the MAG due for May, 2015. Payment of the MAG can be made by check or direct deposit/ ACH/ EFT transfer as mutually agreed in writing.

Revenue Sharing (pg. 4, sec. 9)

In addition to the MAG, Keefe shall pay a revenue sharing percentage of forty percent (40%) for all sales above Base Sales. By way of example only, if annual Gross Sales increase to $7,000,000 for the then-current Agreement Year ($7,000,000 – 6,150,000 = $850,000 * .40 = $340,000). Revenue sharing payments shall be paid to IDOC within thirty (30) days of the end of each Agreement Year with payment being made by check or direct deposit/ ACH/ EFT transfer as mutually agreed in writing.

Product Offerings (pg. 14, sec. 17.1)

Keefe shall provide a wide variety of products, to include a national name brand name and private label items, for shelf-stable (no refrigeration needed) products that include single-serve options for food stuffs as well as consumables, hard goods, clothing and electronics.

a. All product offerings must be approved in writing by IDOC prior to being made available to inmates.

b. Keefe may include its private label offerings provided such private label items make up no more than 35% of the master minimum custody and SecurePak menus combined.

c. IDOC reserves the right to make all product offering decisions and may require the removal from or refuse to allow the introduction of any product into IDOC Facilities at any time.

Pricing (pg. 15, sec. 17.3)

Keefe shall ensure that prices charged to Inmates for commissary items are comparable to cost of similar goods available at convenience stores within the Boise/Meridian/Nampa, Idaho marketplace and within the western U.S. state prison systems with similar full-service commissary programs, if any.

Pricing Changes (pg. 15, sec. 17.4)

After the first Agreement Year and annually thereafter, Keefe may request pricing adjustments by submitting a written request to the Contract Manager. Any such written request must include labor and overhead increases and/or market, wholesale and manufacturing justifications for any requested increase. Only those pricing changes that can be supported with objective market data, including any labor or overhead increases, will be considered. Any approved pricing changes will go into effect no sooner than (30) days after Keefe receives written approval from IDOC, if given. Keefe shall provide inmates with at least fifteen (15) days’ prior written notice of any price increase.

Commissary Review Committee Meeting (pg. 16, sec. 17.7)

IDOC shall conduct semi-annual Commissary Review Committee meetings. In accordance with SOP 406.02.01.001, these meetings shall consist of representatives from the Facilities, the Contract Manager, other IDOC staff, the commissary account manager, the warehouse/commissary operations supervisor and other employees as desired by Keefe.

Keefe may request product offering additions, deletions, or substitutions by submitting a written request to the Contract Manager at least forty-five (45) days’ prior to the meeting. Keefe is required to bring samples of new or substitute product offerings to the meetings for review and approval by IDOC. Samples will be retained by IDOC until all internal stakeholders have reviewed them and will then be returned to Keefe. Approved product offering adjustments and product removals, if any, will be implemented on a date mutually agreed to by Keefe and the contract manager and communicated to the Inmate population by Keefe at least fifteen (15) days in advance.

Regrettably, the following IDOC record requests that were  submitted April’22 have yet to be  provided in accordance with Idaho records law:

      1. Keefe sales volume reports for the weeks of 7-15-21 and 1-21-22
      2. 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
      3. Revenue payments made from Keefe to IDOC from March ’21 to March ’22.

I attempted to follow up on these requests in July, but as of September 20, 2022 the IDOC has only returned silence.

A May 2022 article describing questionable Keefe price increases was published earlier in First Amend This!: An IDOC Newsletter, May ’22


*Update 10-22-2022*

The following message, received 10-21-2022, announces the return of several items taken off in May, with many marked up by more than 100% of their previous price. This despite Keefe confirming in an April 12 message that price increases would remain consistent with the consumer price index.

Per their contract with the IDOC, these prices could only be implemented with Department approval; but as of 10-22-2022, the Department has yet to provide the aforementioned public records requested in April, which are required to further audit its dealings with Keefe.

What follows has been reformatted to allow for easy transfer to a spreadsheet using comma separated values (CSV). Please check back for updates.

TO: IDOC RESIDENTS

FROM: KEEFE COMMISSARY NETWORK

DATE: 10-21-2022

Keefe Commissary’s new menu will go into effect on October 31, 2022. Below are the items that have been approved and will be available to purchase next month.

Item Number, Alias Number, Product, Price

5070, 6600, Cactus Annies Flour Tortillas, $2.03

382, 6502, Van Holten Kosher Zesty Pickles, $1.86

383, 6500, Van Holten Hot Pickles, $1.86

5360, 6195, Brushy Creek Premium Chicken Breast, $7.07

80001719, 3547, Brushy Creek Beef Summer Sausage 5oz, $4.27

80001721, 3546, Brushy Creek Beef Summer Sausage 5oz Hot, $4.27

629, 2397, Mountain Dew 20oz, $2.25,

80009328, 3274, Market Square Iced Honey Bun, $2.07

5375, 6201, Moon Lodge Microwave Popcorn Extra Butter, $0.93

4915, 2630, Brushy Creek Black Beans 10oz Pouch, $2.55

5368, 6215, El Pato Salsa Green Jalapeno 12 oz, $3.28

80003625, 3203, Painted Cow Cream Cheese 2oz, $0.89

8301201015, 8338, Snark Guitar Tuner, $40.00

80008841, 2796, Hereford Beef Barbacoa 6oz Pouch, $6.23

7914, 3107, Golden Valley Saltine Crackers, $4.27

4385, 6178, Fresh Catch Mackerel Fillets in Oil 3.53oz Pouch, $2.15

80008478, 1784, Colgate Toothpaste Optic White, $9.00

3092, 6673, Thai Palace Noodles Chili 3.7oz Pouch, $1.90

4935, 2664, Velveeta Macaroni and Cheese 3oz, $1.90

7551, 6607, Moon Lodge Peanuts Hot 1.75oz, $0.77

4466, 2340, Gatorade Drink Mix Lemon Lime 2.12oz, $1.45

80005732, 3026, Chattanooga Moon Pie Chocolate Double Decker 2.75oz, $1.19

80005515, 3039, Gamesa Maria’s Cookies 4.94oz, $1.20

80009462, 4901, Oscar Meyer Bacon (Precooked) 2.52oz, $11.64

21596, 784, Staydent Denture Adhesive Cream 2.4oz, $6.45

24310, 330, Athletes Choice Amino 100Ct, $19.40

2015, 6106, Pretzels 1.5oz, $0.90

10596, 2044, Paramount Creamer French Vanilla Non-Dairy 6.75oz, $2.40

10057, 3030, Market Square Cookies Vanilla Cremes 6oz, $1.90

10058, 3045, Market Square Cookies Duplex Cremes 6oz, $1.90

10446, 2737, Fritos Chili Cheese Corn Chips 2oz, $0.97

7689, 6167, Cheetos Cheese Crunch 2oz, $0.97

80002250, 8341, Halls Cough Drops (Sugar Free) Honey Lemon, $3.62

5112, 6165, Moon Lodge Potato Chips BBQ 6oz, $2.83

80007935, 8342, Werthers Candy (Sugar Free) 7.7oz, $12.10

80009303, 3052, Market Square Cookies Vanilla Wafers 12oz, $3.03

8032302002, 8356, Pro Club T-Shirt Heavyweight Long Sleeve Crewneck Sm Grey, $14.17

5310302002, 8370, Pro Club T-Shirt Short Sleeve Crewneck Small Grey, $11.70

21986, 3692, Goodsense Contact Solution Multipurpose No Rub 12oz, $7.31

Thank you,
Keefe Commissary

First Amend This!: An IDOC Newsletter, Sept. ’22

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.

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!

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.

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

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

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:

      • 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

The IBCH may consider the following:

      • 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?

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.

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.

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.

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:

      • 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

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.

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.

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:

      1. Keefe sales volume reports for the weeks of 7-15-21 and 1-21-22
      2. 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
      3. Revenue payments made from Keefe to IDOC from March ’21 to March ’22

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/

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

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.

Shout-out from Chad to Old Man Hollon: Happy 81st, now diaper-sheath that wiener!

“Problem”
— Method Man

next: First Amend This!: An IDOC Newsletter, Oct. ’22 (The Ad-Seg Issue)

First Amend This!: An IDOC Newsletter, Aug. ’22

Previous: First Amend This!: An IDOC Newsletter, July ’22

Welcome to the August 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.

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.

EDITOR’S NOTE

Welcome back students and educators!

I hope you’ll take the time to catch up on events from this summer by flipping through the last few issues and exploring all the links.

For those of you who are interested, I’ve taken to soliciting unpaid perspective to provide our monthly readers with views other than my own. So if you’re interested in avenues to earn karma credits, consider introducing this newsy to your class for discussion, contributing an article or sharing a resource with us.

Fact-checks, critiques and opinions are all welcome. Same goes for questions, concerns, feedback, hellos…

Contact:

Patrick Irving #82431
IMSI
PO Box 51
Boise, ID 83707
messaging via JPay
bookofirving82431.com

Let’s First Amend This!

IDOC UNABLE TO ILLUMINATE ON THE INMATE MANAGEMENT FUND, SWEETENERS FROM CORPORATIONS AND HOW THEY’RE PUT TO USE

Sweeteners – Incentives offered by companies who seek exclusive access to a niche and captive market that will bend to every whim.

IMF – The acronym assigned to “the Inmate Management Fund,” which was first discovered in May within a legally-binding contract to be returning a portion of their inmate communications fees to be used “in the interest of prisoners’ welfare.”

CenturyLink – Contracted by the Department to provide prisoners with the means to communicate with loved ones and others in the free world.

The Contract – C014-017: Concessions Services Agreement for Inmate Communication and Kiosk-Based Technology Access. Take a taste and numb your gums with the section found below.

16.1 ADP FEE

CenturyLink shall pay IDOC a flat fee that utilizes IDOC’s average daily population (ADP) as the basis for the calculation (ADP Fee). The ADP Fee is used by IDOC to fund the Inmate Management Fund (IMF), which promotes the welfare of Inmates through services, programs and physical purchases. The ADP Fee is calculated by multiplying the prior month’s ADP for all Facilities by twenty dollars and no/100 ($20.00). By way of example, IDOC’s ADP for July 1, 2013 through July 31, 2013 was 7385, so the calculation for the July 2013 ADP Fee is: 7385 x 20 = $147,000.

This profit model, though antiquated, will forever remain to be genius: acquire by silent auction imprisoned populations and then charge inflated rates to those who wish for their release.

—————————————————-
****|****|****|****|****|****|*
!!!AME –> / <– RICA???
****|****|****|****|****|****|*

Too many a path
we pave
through
our people’s
broken homes,
lobbied by the likes
of pious corporations
who shape our country’s laws
to expand their market value.

——————————————————

And here we are now: still reeling from the recent cost increase for JPay messaging, wondering for what purpose the IMF is used.

Twice now, the IDOC has refused to provide its Resident Auditing Committee (RAC), of which I am the founder, with IMF policies, balance sheets, transactions and activities. After refusing the first time for rather suspect reasons — why would the IMF, a fund used to promote prisoner welfare, contain even one prisoner’s personal banking information? — the RAC requested ANY information that might help to illuminate how the fund is used. This public record request was also denied, for the one existing document related to this fund is purportedly protected by Attorney/Client privilege.*

The lack of public records for a fiscal fund that poses a risk as a funnel for corporate influence is a mystery. One can’t help but be intrigued by the fact that the only document with the potential to bring light onto the fund is the subject of matters that require an attorney — as opposed to the subject of matters that require an accountant, who (we hope) would be able to answer the following questions:

1) Do the last three years of IMF activities reflect the periods when programs and activities eased to a standstill as a result of understaffing and operational shut downs?

2) If not, for what purposes were scheduled withdrawals justified by the Department; were they reallocated for the purpose of adapting to new challenges, or were they itemized per usual despite everything being different?

On June 29 this reporter informed the Record Custodian he was still attempting to follow up on the IMF reference made in Contract C014-017: “[This company is] paying IDOC with the understanding that their moneys will be added to the IMF and used to the benefit of facility residents. I would like to see how much money has been placed in this fund over the last three years, by whom, and for what purposes this money has been used. Balance sheets would be helpful, as would any proposals or plans.”

At time of publication (Aug. 23, 2022), there has been no response to this request from the Record Custodian.

*Last month it was reported that a request for IMF records returned with an $871.54 invoice. We have since learned the invoice belonged to an unrelated request. Apologies for any confusion.

REPORTERS RELY ON PUBLIC RECORD REQUESTS. TO DELAY THEM OBSTRUCTS A STORY. WHY ARE SO MANY DELAYED?

You may not know this but…

This reporter goes through great pains every month to cover the correctional beat from within. As you might expect, I find it difficult to concentrate on anything in my current constantly shifting environment. In addition to the environmental noise, extra effort is also required to access the information needed to present on such matters while upholding a certain standard of accuracy . That information isn’t always as forthcoming as our codes and laws require.

Per IDOC Policy 108.00.01.01 (Public Record Requests) and IDAPA 06.01.01.108, the day-to-day business operations of the Department are meant to be made available upon a request. This includes the Board of Correction meeting minutes, relevant legislation, contracts, budget information, financial records, correspondence, policies and procedures, program information and program audits; and responses to requests made by email, mail or fax must be returned to the inquirer within three working days.

And yet…

7-23-2022
To: Transparency Department
From: Patrick Irving

Three public records requests from April were never filled: 1) Keefe sales volume reports for the weeks of 1-21-22 and 7-15-21; 2) notes, minutes and documents presented at the two commissary review committee meetings prior to 4-19-22, as well as all written requests submitted to the contract manager to be discussed at these meetings; 3) a request for twelve months of revenue payments made from Keefe to IDOC (from 3-21 to 3-22). These requests have been made for public disclosure. Please see them filled without further delay.

These queries were made after Keefe Commissary creatively increased the costs of certain items to a degree that far exceeded the Consumer Price Index. (FAT! May ’20.) Minus this information we’re obstructed from learning whether the increases were proposed in accordance with the contract that rewards IDOC with a healthy share of profits.

Information pertaining to daily operations is also experiencing unusual delays: After being alerted by multiple prison employees in June that at least two of our prisons are operating with staffing levels of less than 50%, a request for confirmation was sent to Central Office. Because the Department has yet to respond, this reporter is forced to validate the stress put on our staff by presenting an anecdote instead of cold, hard data: Ongoing concerns with facility operations, constitutional violations, talk of strike from medical workers — nothing’s really changed since the coverage we got last year, and it’s hard to say what, if anything, will.

Requests for memorandums of understanding, contracts and arrangements for publicitous partnerships beneficial to the Department are also encountering unusual responses — in that several are said to simply not exist.

7-23-2022
To: Transparency Manager

I’m looking to understand to what extent several organizations have involved themselves with IDOC; whether they’re being paid, operating with some criteria or simply being allowed in our facilities to do whatever with whomever they want. Please help me to understand what’s going on here: how are these organizations proposing their services, coming to agreement and undergoing evaluations?

Without the ability to critically examine information related to government operations, the citizenry is unable to ascertain the extent of ongoing issues, the causes and effects, the urgent need for more solutions…

Sources: Idaho Code Section 74-103. IDOC Policy 108 00 001.

NO RECORD OF CHARITIES, HISTORY OF DONATIONS: WHO’S SECRETLY BENEFITTING FROM CORRECTIONAL CONFISCATIONS?

For decades, Idaho’s prison population has been offered the option to donate their personal property to charity. From electronics and clothing to art products and food, all purchased in prison at inflated cost, mountains of gear, following confiscation, have allegedly been donated to unspecified charities. The total value of these items, after years of accumulation, can safely be estimated to reach into the hundreds of thousands of dollars.

Yet no record of this charity has ever been kept, making it impossible to distinguish the recipients of prisoner donations, the criteria by which they’re chosen and the rate at which they benefit.

It’s a matter first confirmed by way of a public record request: when it was found that transactional proof could not be produced to show that resident donations reach a charitable cause.

With the DOC unable to offer names of its charities, the criteria by which they’re chosen and at least one receipt showing a charitable transaction, this reporter lodged a grievance as a resident donor, attempting to compel the Department into responsible record keeping. Several months later, all appeals exhausted, the DOC’s refusal to keep any records was final. To collect even a signature from those benefitting would amount, in their words, to a monumental task.

IDOC clients are confident that they know better. By collectively combining their business experience, they find it simple to surmise that either someone is being lazy or that “charitable recipients” aren’t charities at all. With the weight of the latter a heavy concern, they have called for the attention of the Department of Justice, investigative journalists and Idaho policy groups. Seeking to inspire either audit or injunction, they’d also like to take part in the choosing of future recipients.

Click here to view the public record request, subsequent grievance and other related items.

[This article originally appeared in FAT! March ’22.]

FORMER IDAHO REPRESENTATIVE PARDONED WHILE IN OFFICE NOW SEEKING TO AVOID BEING SENTENCED FOR RAPE

Fifty-six days prior to committing what a jury would later deem to be the rape of a nineteen-year-old legislative assistant, former Idaho Representative Aaron von Ehlinger received a pardon from the Idaho Commission of Pardons and Parole for a litany of crimes spanning back to his youth.

During an interview on Idaho Matters, a Boise State Public Radio show hosted by Gemma Gaudette, reporter George Prentice described how, between 1996 and 2013, von Ehlinger was charged with as many as fifteen offenses on eight separate occasions, including drug possession, drunk and reckless driving, distributing alcohol to minors and carrying a concealed weapon while drinking.

Prentice discovered while pouring through records that, in December 2019, at the time von Ehlinger petitioned the Commission to be pardoned for his past, he was preparing to be appointed to an open seat in the Idaho House of Representatives.

Just days after being sworn into his seat in January 2021, von Ehlinger received a pardon for all offenses committed prior. Fifty-six days after receiving this pardon, following an outing with a young legislative assistant, he committed an act that would result in a felony rape conviction.

Currently incarcerated and awaiting his sentence, von Ehlinger is now petitioning to delay his sentencing hearing while he argues to either be retried or immediately acquitted.

Judge Mike Reardon has agreed to hear him out; in what many may consider an unusual proceeding, von Ehlinger will appear before Reardon on August 25 to argue the reasons he should not be sentenced.

Source: George Prentice, Idaho Matters 7.28.22, Boise State Public Radio.

APPROVED VENDORS FOR BOOKS HAVE CHANGED

The Department has recently revised its list of approved book vendors.

ThriftBooks is back on the list!

The new list follows.

Books, magazines, newspapers and other publications such as monthly or daily calendars, journals etc. that are mailed directly from the publisher are still allowed.

Residents requiring textbooks for course work can contact their facility’s Education Department for assistance.

COVID NEWS

Since the start of COVID-19, the IDOC has administered over 73,185 tests to those of its clients it’s keeping in-state. More than 6,780 of those tests have returned some form of positive.

Due to a climb in COVID levels, visitation has been disrupted at several facilities. Please view the Department’s website for updates on:

      • 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
      • Twin Falls Community Reentry Center

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.

ICIO THERAPY DOG HELPS RESIDENT WITH DEMENTIA
by ICIO Warden Temera Carlin

Recently, Idaho Correctional Institution-Orofino had an incident where a long-time resident was digressing due to dementia and was non-compliant for staff. This resident had spent many years with the facility dog, Lady, before starting to lose his memory. During the incident it was determined that the resident needed to be transported to the hospital, but he refused to get in the wheelchair. Staff on site asked for lady to be brought to the housing unit. Upon seeing Lady, the resident immediately became compliant, got in the wheelchair and was escorted to the ambulance by medical staff and Lady. Her presence that day made all the difference for the resident in need, the residents on the unit, and the staff that were working that day.

Unfortunately, the resident was unable to return to ICIO due to the seriousness of his medical condition. The transport team, Ofc. Bandolino and Lt. Heun, did an amazing job showing care and concern for the resident. A special shout-out to ISCI, who put together a transport team on short notice to meet us halfway.

[This story first appeared on the IDOC website, from where it was pulled as an official public record.]

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.

Last month, former IDOC Reentry Manager Tim Leigh appeared on Renick’s show to announce that he is now working as the Reentry Curriculum Development Manager for St. Vincent de Paul. With a focus on expanding existing reentry services, Leigh will also explore more ways to help returning citizens get credited for the programs and training they started while incarcerated.

Laurie Erickson, who is formerly incarcerated and living in Idaho, was arrested after receiving a request to complete her voter registration and later following through with what she felt was her civic duty. National Memo columnist Chandra Bozelko, who spent six years incarcerated on the other side of the country, was legally allowed to vote on probation. Last month Renick welcomed the two to discuss the circumstances leading to Laurie’s arrest and the consequences that followed her four months time in jail.

Visit svdpid.org for reentry resources and programs available in Southern Idaho.

RESIDENT AUDITING 101

Following up on our quest to discover IDOC’s involvement with “The Preseason” Hustle 2.0 Program, an IMSI case manager informed us the program is being offered by an unspecified third party and moving slower than expected with no start in sight. No records of this program have been found through Central Office.

A request for the number of prisoner suicides over the last three years found that, of ten victims, eight were male and two were female.

— Of those male: five had medium-custody classifications, three were classified at close custody; six were residing in beds designated for mental or behavioral health, one was residing in short-term restrictive housing, the other in general population; five of the eight were in a single cell, which, according to the Department, may qualify as isolation.

— Of those female: one was completing a rider, the other was classified at medium custody. According to the Department, at the time of death both were residing in beds designated for mental health, but neither appears to have been in isolation. Though the cells they were in had multiple bunks, it has yet to be specified whether the other bunks were filled.

A separate request, responded to July 13, informed us that out of 9,086 residents in IDOC custody, 134 are currently serving Life Without Parole.

Last month it was reported that a request for information pertaining to the Inmate Management Fund (IMF) was returned with an invoice for $871.54. This was reported in error; the invoice belonged to a request for information related to IDOC’s involvement with AccompishEd Ventures. The IMF, it appears, has thus far evaded any form of public record.

Residents who wish to view the Centurion Health medical contract can now do so with a JPay tablet by clicking on the Handbook icon and scrolling to the bottom.

RECOMMENDED RESOURCES FOR INCARCERATED PERSONS

Those returning from prison to the greater Treasure Valley will find in the offices of St. Vincent de Paul the most comprehensive day-one service Southwestern Idaho currently has to offer.

Focused on informing the freshly released of available resources and services, this organization assists returning citizens in obtaining bus passes, clothing vouchers, food assistance, telephones and more.

Those being released without a ride can ask their case manager to email this day-one service for a pickup. A volunteer will arrive at the time of release and help meet immediate needs with a limited shuttle service.

District 3
Monday – Friday, 10am – 2pm
Canyon County Probation and Parole Offices
3110 Cleveland Blvd., Bldg. D
Caldwell, ID 83605

District 4
Monday – Friday, 9am – 12pm
3217 Overland Blvd.
Boise, ID 83705

For more information visit svdpid.org.

INMATE SERVICES AT WORK

7-9-22
To: Education
From: Patrick Irving

I’ve managed to arrange a sizeable GED study group from my [cohort]. All have agreed to start with math and understand that group time will be scheduled during dayroom. Moving forward, I’d like to approach our facility admin with the idea of allowing [this group] to study in our unit’s multi-purpose room. Please be advised that I will be running this idea through our case manager, unit sergeant and assistant warden this week.

If you can offer any recommendations of materials that can be used to successfully lead this group, I would certainly appreciate it; this is fairly new for me.

Thanks.

7-12-22
From: Educator Roberston
To: Patrick Irving

I have notified Deputy Warden Wessels that I approve of this effort and I am scheduling time for you and the group to take a TABE. I am creating a class section for your group and if there is improvement in your TABE test scores after you complete the workbook, I will schedule Math GED tests for anyone willing to take it.

When you come to take your TABE, I will give you some supplies and a workbook. The way the book is designed is to work on a fundamental first (rounding, estimating, adding, subtracting, multiplying). Usually only one more skill is added with each new day. I will offer you some time to learn some basic teaching skills. I would like this to be a success for you and the men you are helping. Since I cannot be everywhere at once or even bring all the people I would like to Education, this is a tremendous service to your peers and a great help to me. If it works it can be modeled for similar programs in every unit. I look forward to your success.

SUGGESTION BOX

I suggest those of our staff who are looking to earn their worth put a bug in the ear of our Idaho lawmakers before the budget for next year begins to hit their desks. Your district representatives’ info can be found at this link. Republican or Democrat, they’ll benefit from your feedback.

Thanks for coming to visit, we’ll see you again next month.

Shout of from Twenty-Eight to Jana: nothin’ but love and respect, love and respect…

“I Couldn’t Explain Why”
— Citizen Cope

Next: First Amend This!: An IDOC Newsletter, Sept. ’22

Book Of Irving 82431 Published in NYU’s The Harbinger “Scholarship from Inside” Series

Book Of Irving 82431 is honored to announce that a selection of articles from the FAT!  monthly newsletters have been published by The Harbinger, a New York University School Of Law publication, in their series “Scholarship from the Inside”.

The Harbinger introduces 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 different pieces from various issues of First Amend This! Together, they offer snapshots of different issues that Mr. Irving and those in Idaho prisons have confronted over the past few years. 

The selection includes four of our favorite articles that highlight important issues in Patrick’s unique style. BookOfIrving82431.com highly recommends a visit to The Harbinger to browse this and other articles from incarcerated authors, students and faculty.

First Amend This!: An IDOC Newsletter, July ’22

Previous: First Amend This!: An IDOC Newsletter, June ’22

Welcome to the July 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.

EDITOR’S NOTE

With COVID-19 cases on the rise and our facilities understaffed, we again find ourselves bracing for dark days and shutdowns, uncertain what lies in the weeks and months ahead.

While I will continue publishing updates in as timely a manner as possible, those with questions regarding changes in operations are encouraged to utilize the Department’s website and Facebook page, and also keep an eye on discussions within the IIFSG.

Let’s First Amend This!

NO INFORMATION ON IDOC-INVOLVED SHOOTING

On June 9, Department employees were involved in a shooting on the 9800 block of West Shields Avenue, Boise. Though the incident was mentioned that evening on Boise news outlets, the circumstances leading up to it were overtly overshadowed by the carjacking and police chase that happened shortly after.

According to the Boise Police Department’s Deputy Chief Tammany Brooks, upon receiving reports of a shooting involving the IDOC, his officers spread out to search for an allegedly stolen vehicle, suggested to be tied in some way to the shooting. It was during this search that information came in on a carjacking purported to have taken place in Eagle.

Officers from Boise and Meridian responded, encountered the vehicle and commenced with pursuit.

The chase wound its way through downtown Meridian before officers were able to bring the vehicle to a halt.

Shots were exchanged shortly thereafter; the subject, struck an unknown number of times, was said to have received life-saving measures before being taken from the scene to a hospital for treatment.

No other injuries were reported at the time.

As for role the Department played in either shooting, we are unable to report at this time the number of agents present, whether they took fire, fired upon a subject, or were called in by a person who witnessed an exchange.

Per Boise’s KIVI-TV, the incident will be investigated by the Ada County Critical Incident Task force, with the Garden City Police Department (GCPD) taking task force lead.

The GCPD is the only one of the three municipalities bordering Boise that has yet to be reported as being involved that day.

Source: Meredith Spellbring, “Police: IDOC Officers, Unknown Suspect Involved in Chase, Shooting in Meridan,” Kivitv.com

IDAHO WOMAN’S APPEAL FROM DEATH ROW LIKELY TO BE TESTED BY SUPREME COURT DECISION

Robin Row is one of two women in Idaho’s history sentenced to die by the hands of the state. She has been appealing her sentence for the last thirty years, most recently with the claim of ineffective assistance of counsel. She argues that by failing to present medical evidence of abnormalities in her brain prior to sentencing , her counsel was neglectful in a way that may have cost her her life.

According to Kevin Fixler with the Idaho Statesman, in a preliminary ruling issued last September, U.S. District Court Judge B. Lynn Winmill signaled in writing he was prone to agree: “[H]ad her brain abnormalities been presented to the trial court in a timely, comprehensive, and scientific evidence-based manner, there is a reasonable probability of a different outcome in sentencing proceedings.”

Months later, however, the judge would delay his decision until after the U.S. Supreme Court ruled on a federal appeals case involving two Arizona prisoners claiming ineffective counsel (Shinn Vs. Ramirez).

In May, the Supreme Court concluded that prisoner claims of ineffective counsel must first be introduced at the level of the state in order to be qualified for future federal action.

Though it’s uncertain how the decision will affect Row’s appeal, an indication may found within the written dissent of Justice Sonia Sotomayor. Sotomayor, one of three justices opposed to the ruling, wrote the decision was likely to deprive many people of meaningful opportunities to vindicate their right to counsel — a right granted long ago by the U.S. Constitution.

What comes next, reports Fixler in his coverage: “[r]esponses and additional legal filings from both the state and Row’s attorneys must be submitted to Idaho’s federal district court within 60 days of the U.S. Supreme Court Ramirez decision.”

Source: Kevin Fixler, “Is Ineffective Legal Counsel Enough to Appeal a Death Row Sentence? Idaho a Test Case,” Idaho Statesman.

NEZ PERCE COUNTY CRIMINAL COURTS EXPERIENCE A BACKLOG OF CASES

According to the Lewiston Morning Tribune, as a result of safety precautions put in place to prevent the spread of COVID, Nez Perce County courts are now dealing with a backlog that appears to be straining the peoples’ pubic servants.

Early into the pandemic, reports the Tribune, the courts of Nez Perce County placed jury trials on hold. Fast forward to the rescission of those very same restrictions, and county courts are now backed up with over 300 felony cases — a number that’s expected to see significant growth.

The pressure this places on the Court’s public servants can be evidenced by audibles called out from their offices. With limits placed on the number of felony cases Idaho’s public defenders can rep at one time, it’s typical in Nez Perce County for those who reach their limit to recruit the help of colleagues who work misdemeanor courtrooms. In comparison to last year, Attorney Paige Nolta, of Nolta Law Office, is reported this year to be fielding 27 felonies, up from 8 in an average year, while also handling the  usual misdemeanor cases assigned from the county. As for those who find themselves facing both felonies and misdemeanors, they are now assigned the same counsel while they fight through both courtrooms. No longer are the county’s public defenders divvying up charges the way they once did in times before COVID.

Says Nez Perce County Prosecutor Justin Coleman, it takes anywhere from six to twelve months for felony case to be resolved; thus the strain on his office is unlikely to lift soon.

Source: Kaylee Brewster, “Juggling a crush of felony cases — 330 and counting — Nez Perce County’s prosecuting and defense attorneys are long on duties and short on help,” Lewiston Morning Tribune.

GOVERNOR LITTLE WISHES BIG FOR ONE SKETCHY EXECUTION

On June 13, Idaho Deputy Attorney General LaMont Anderson faced off with attorney Jonah Horwitz, from Federal Defender Services of Idaho, to argue before the Idaho Supreme Court as to whether a decades-old amendment to the Idaho Constitution gives the state’s governor the power to reject commutations recommended by the Idaho Commission of Pardons and Parole.

This case is a continuation of Idaho Governor Brad Little’s attempt to void a commutation issued by the Commission in December, in which the sentence of Gerald Pizzuto Jr. was commuted from Death to Life Without Parole.

Convicted in the 1985 slaying of a northern Idaho couple, Pizzuto is currently dying from terminal bladder cancer, heart disease and diabetes, and is also reported to be suffering from diminished mental functions.

District Court Judge Jay Gaskill wrote in February of the case as it passed through his courtroom, “There is no indication that the founders or the people of the State of Idaho in 1986 intended to give the governor the ultimate decision-making authority with respect to whether a death sentence should be commuted.”

Should the State win its appeal, the Court will be asked to reverse Gaskill’s ruling and reinstate the death warrant for Pizzuto’s execution.

There is no word on when the Court will make their ruling.

Sources: Keith Ridler, “Idaho Supreme Court Considers Pizutto’s Request for Clemency. Little Had Rejected State Commission Recommendation That Death Sentence Be Commuted to Life in Prior,” Lewiston Morning Tribune. Patrick Irving, “Court Rejects Governor’s Order to Execute Inmate on Hospice,” First Amend This! (Mar. ’22).

THE WRONGFUL CONVICTION OF CHRISTOPHER TAPP: IDAHO FALLS SETTLES FOR $11.7M

The Idaho Falls City Council has approved an $11.7M settlement in the wrongful conviction of Christopher Tapp.

After serving roughly 20 years in Idaho prisons, Tapp was released in 2017. But it wasn’t until 2019 that DNA evidence was used to exonerate him in the 1996 rape and murder of Angie Dodge.

In October 2020, Tapp filed suit against the city of Idaho Falls and the Idaho Falls Police Department, seeking compensation. Though the city sought at first have the lawsuit dismissed, it opted instead during a June 9 council meeting to settle the case and acknowledge its wrongs.

Said Tapp in a statement, “No dollar amount could ever make up for the over 20 years of my life I spent in prison for crimes I did not commit; however, the settlement will help me move forward with my life”

Since his release from prison, Tapp has actively proposed to pass legislation for those wrongfully convicted in Idaho and other states.

Click here to hear Tapp speak on his experience and the way he’s moving forward in a radio interview conducted earlier this year.

Source: Associated Press, “Idaho Falls Settles Wrongful Conviction Lawsuit for $11.7M,” APNews.com.

CANYON COUNTY SETTLES LAWSUIT OVER UNLAWFUL JAIL CENSORSHIP

“Like all Americans, inmates are entitled to free speech and due process protections. It is contrary to these core constitutional principles to deprive inmates of information about developments in the law without due process.” — Attorney Elijah Watkins, Boise office of Stoel Rives.

Last month it was reported in Prison Legal News that the Human Rights Defense Center, a 501(3)(C) nonprofit organization, reached an agreement with Canyon County in February over ongoing censorship at the Canyon County Jail (CCJ).

As the publisher of Criminal Legal News and Prison Legal News, both of which have been censored by the jail on numerous occasions, the HRDC filed a federal claim in December stating the CCJ was violating its First and Fourteenth Amendment rights.

As part of the settlement, county and jail officials agreed to no longer prohibit prisoners from receiving published materials that pose no threat to the safety or security of the facility without providing written notice of the basis for the rejection and allowing the rejection to be formally appealed.

In addition, the county will pay the HRDC $45,000 and train CCJ staff how to handle publications and deliver them intact.

Assisting HRDC’s general counsel in this case were attorneys Elijah Watkins, Jenny Palmer, and J.B. Evans — all three from the Boise office of Stoel Rives; a law firm once assigned to a class of Idaho prisoners who, in 1984, filed a federal lawsuit against IDOC over inhumane conditions at the Idaho State Correctional Institution. Known as the Balla case, it spanned 35 years; and it wasn’t until COVID that the Court decided to close it.

CCJ is famous within Idaho prisons for its deplorable conditions and constant overcrowding.

During a stay at the jail in 2006, armed with only basic knowledge of the U.S. Constitution and an ability to identify discrepancies in policies, this reporter successfully compelled CCJ staff to remove all but a few prisoners from the jail’s notorious G-Unit for the weeks that it would take to give the unit a decent makeover.

Source: Jacob Barrett, “$45,000 Paid by Idaho Jail to Settle Censorship Suit Filed by HRDC,” Prison Legal News (June ’22).

COVID NEWS

Since the start of COVID, the IDOC has administered over 71,000 tests to those of its clients it’s keeping in-state. More than 6,600 of those tests have returned some form of positive.

Due to a climb in Ada County COVID levels, the Department has temporarily closed visitation at the following facilities:

      • 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

A notice has been issued to facility staff and residents that safety restrictions are once again in place.

For the first time since the pandemic began, nonmedical N-95 masks have been supplied to staff working at IMSI. It’s presumed the same can be said for staff working elsewhere.

Per a recent IDOC announcement, COVID tests are required for:

      • Symptomatic staff and residents
      • Residents changing cohorts or facilities
      • Residents being released into the community
      • Residents exposed to known cases of the virus

Enforcement can be expected to vary by facility.

Those who have received their initial vaccination are encouraged by the Department to follow up with booster shots.

Those 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.

PWCC RESIDENTS MAKE MATTRESSES FOR VALLEY MISSION
by PWCC Ofc. Toni Dye

The art of giving back and gifting is known as philanthropy. Generosity has been around since the dawn of humanity and has become a part of our everyday life and society. With a little hope and generosity, we can all impact our community and the world for the better. Recently, some of the close custody residents at PWCC took the opportunity to give back by stuffing over 100 mattresses that will go on to be distributed to our Idaho community! It’s been such a positive experience for our residents and the community; residents Mariah Nagashoah, Sinthia Ramirez, Andrea Weiskircher, Joy Anderson, Rebecca Vulgamore, Hannah Haight, Kristin Pearson, Kelly Dean, Alexandria Gonzalez, Jessica Carrillo, Vicki Jensen, Mindy Mars, Anna Mihelich, Felicia Rodriguez, Jamie Obrien, Kassidy Putnam, Santana Kellerman, Taylor Carpenter, Krystal Hernandez, Arlette Tineza, Kaylee Lackey, Cheryl Garcia, and Angela Rihari all chose to donate their time to those in need.

The mattresses these women worked diligently to make will be donated to Valley Mission, a project that started as just a small cabinet in the hallway of an Idaho First Baptist Church. As Valley Mission continues to grow, they will soon provide not only a food pantry but also a laundromat, an emergency shelter, a dining and kitchen area, a new transformational living program (by Winter ’22), space for local agency offices, and also four apartment rentals. Though these women are aware of the struggles they will face upon returning to their communities, they are also aware that, by working together, they can transform the smallest effort into the largest difference.

Valley Mission is dedicated to people in our community who desire a fresh start.

Remember: when you do good, you feel good!

[This article originally appeared on the IDOC website and is reproduced here (with minor edits) as official public record.]

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.

Last month Stacey Tucker, a criminal justice student with the Idaho State University, introduced herself as Mark’s newest intern and described how, after a severe health scare, she found herself inspired to start studying criminal justice. Over the next nine months of closely working with Mark, Stacey will help expand reentry services in Districts 3 and 4 while directing those in need towards resources and assistance.

In a separate interview, speaking anonymously, the wife of man currently serving a sentence in IDOC custody reflected on the substandard medical treatment her husband is receiving for health issues that, left untreated, could ultimately lead to his death. Her rather personal, emotional interview effectively illustrates trauma that’s too often shared by loved ones who opt to support the incarcerated.

Visit svdpid.org for reentry resources in Southwestern Idaho.

A RECOMMENDED RESOURCE FOR INCARCERATED PERSONS

The Idaho Innocence Project accepts post-conviction cases from Idaho prisoners who lack legal counsel. Those with at least five years left on their sentence may write a letter clearly stating their innocence and asking for assistance. Upon receiving a letter that follows this guideline, the organization will issue a response.

The Idaho Innocence project only serves Idaho. Please do not send legal documents or originals.

Idaho Innocence Project
c/o BSU Biology Department
1910 University Drive
Boise, ID 83725-1515

RESIDENT AUDITING 101

We are finally in possession of the National Commission on Correction Health Care (NCCHC) standards, by which the Department purportedly abides. With these we will now begin to assess the level of compliance exercised by Centurion Health and the Department.

A request for information pertaining to the Inmate Management Fund (IMF) was returned with an invoice for $871.54. Apparently, our request qualified 864 email chains for disclosure, and the Department only prints out 100 pages for free. After narrowing the scope of our inquiry, we are once again waiting for IMF balance sheets.

A request for memorandums of understanding between the IDOC, the University of Idaho and the Lewis-Clark State College were unable to be located by IDOC staff. The request was submitted after it was announced that the Department began working in collaboration with both colleges to participate in the government funded Second Chance Pell Experiment.

A request for reports on last month’s IDOC-involved shooting was denied for the following reason: “Investigation Records are exempt pursuant to Idaho Code 74-124 (1), Idaho Code 74-104(4)(a)(i), IDAPA 06.01.01.108.04.b.iv.

April’s requests for notes, minutes and documents from recent commissary review committee meetings has yet to be filled; same with requests for Keefe sales volume reports and revenue payments made to IDOC.

INMATE SERVICES AT WORK

Ofc. Vito Kelso
Probation & Parole
District 3
3110 Cleveland Blvd., Bldg D
Caldwell, ID 83605

6-28-22

Dear Officer Kelso,

Congratulations on receiving District 3’s 2022 Mental Health Advocate Award. I rather enjoyed sharing the announcement in our IDOC, First Amend This! newsletter. Enclosed is a copy where you’ll find your name mentioned; I hope you’ll consider sharing it with colleagues before you bedazzle it into retirement and rest it on your mantel.

Though I’ve managed to make subscriptions free for all online, I’d be happy to charge the lot of you four ramens apiece for any future copies you might like sent to the office.

Resources, information and perspective are always welcome. Should you happen across a few that you feel are well worth sharing, I hope you’ll not be shy. It would be my pleasure.

Keep up the good work.

In friendship and incarceration,
Patrick Irving 82431

SUGGESTION BOX

I suggest the Department offer to hire tutors from each COVID cohort to be designated for GED study groups. Roughly 40% of my cohort is seeking a GED and it would be good, at some point, to begin adapting to COVID.

Shout-out to the beautiful Barbara, whose baby boy Big E sends his love, his hugs and smiles!!!

“Summer Sun”
— Ruen Brothers

Next: “First Amend This!: An IDOC Newsletter, Aug. ’22

Mile Marker 6302022: Response to The Harbinger

Hi R.,

Thank you for your interest in my earlier submission, and for your suggestion with the edits, which, looking at it again, I wholeheartedly agree could pose a bit of a problem. If you are still comfortable using that piece with edits and/or trigger warnings, I would be happy to see it published among other works selected. As for the edits, I trust in your discretion. Please let me know if there’s anything else you might need.

Also — if it would perhaps interest you more, I recently wrote an article titled “Grandpa’s Favorite Flavors Bear the Brunt In the Battle of Homebrew.” It appears in the June issue of my First Amend This! newsletter, found at bookofirving82431.com. If that one is more to your liking — or any, for that matter, found elsewhere on that platform — you may feel free to choose it over my January submission.

If at all possible, some mention in my bio of my newsletter and website would be helpful for my advocacy.

Thank you very much, R. I appreciate The Harbinger for offering to include me.

Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707
bookofirving82431.com

Mile Marker 6212022: Response to Prison Journalism Project

Hi Prison Journalism Project!

Thanks for the awesome compliments on my First Amend This! newsletter.

To answer your questions:

Of my audience, I am certain the online version (@bookofirving82431.com) is shared between members of the Idaho Inmate Family Support Group on Facebook, which, last I was told had around 500 members. I am also aware that recent members of this group have been reporting to its admin that they were referred by my website. Which leads me to believe that some of my audience is wandering in from search engines.

Others stop in after receiving letters. In the last three years I’ve handwritten roughly 3,000 — mostly to media, lawmakers and advocates — each with a request to view my materials and share them with their networks however they see fit.

Per our online stats reports, readers are coming from just about everywhere. The numbers aren’t huge but they’re consistent and they’re growing.

Only last month was I able to send out a few dozen physical copies of the newsletter. I targeted alternative libraries, peace and justice projects, independent media folks, a few mom and pop shops and small mix of organizers found in Slingshot’s (Berkeley) database.

As for my prison audience, right now it’s very limited — to the extent that I really only share with my neighbors. Because my efforts have yet to be acknowledged by IDOC admin, I’m hesitant to establish a presence in our facilities and I fear of being labeled as a security threat or worse.

Regarding my experience: I’m a self-educating/entertaining polymath. I have some college education but nothing more than core credits. My experience with journalism runs as deep as the newsletter. I study where I can but could use much more instruction.

I’ve written most everything you’ll find within each issue — with the exception of a few policies, DOC notices and the occasional staff article. Anything not written by me is either given a byline or presented in way that it’s obvious to all. Though I would love to accept articles from other Idaho prisoners, I worry that by doing so I would make us all a target.

Regarding the article “Keefe Confounds ‘Em With Tactical Math,” I am able to confirm that I, as the author, would be delighted to see it published among work you’ve selected from others. Please tell me what you need and I’ll be sure to get it to you.

If there’s anything else I can help with, please let me know. I really dig your project.

Thanks for all you do.

In friendship and incarceration,
Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707
bookofirving82431.com

First Amend This!: An IDOC Newsletter, June ’22

Previous: First Amend This!: An IDOC Newsletter, May ’22

Welcome to the June 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.

EDITOR’S NOTE

Does this newsy ever leave you with questions? Or perhaps with a view that when offered in contrast could help to pave a path toward some much-needed discourse? If so, I’d like to offer you a chance to help me further the discussion.

Reach me at the office. Details are below:

Patrick Irving #82431
IMSI
PO Box 51
Boise, ID 83707
bookofirving82431.com
Messaging via Jpay.com

Let’s First Amend This!

FOR-CREDIT CLASSES AT ICI-O

The University of Idaho and the Lewis-Clark State College were recently awarded grants from the United States Department of Education to participate in the third round of the Second Chance Pell Experiment (SCPE). The SCPE is a federally funded project that over the course of seven years has allowed incarcerated people to earn more than 7,000 credentials, certificates and college degrees.

As participants, both universities will collaborate with IDOC to bring more opportunities for higher education to residents of the Idaho Correctional Institutional-Orofino (ICI-O).

Pell Grants may be distributed as early as July 1, with for-credit classes expected to begin in the fall.

It’s unclear at this time how many clients will be allowed to take part in the experiment and whether any housed in other IDOC facilities will be considered as applicants prior to its start.

According to an article recently published in Prison Legal News, throughout the course of the Second Chance Experiment, more than 50,000 grants have been offered for distribution — but fewer than half have actually been used. Up to 95% of prisoners have been ineligible to participate, due in large part to the following hurdles:

      • More than a quarter are housed in high-security or special-management facilities, which seldom offer opportunities for post-secondary programs.
      • The lack of quality remedial instruction in prisons leaves 64% of prisoners ill-prepared for college classes.
      • Requiring males to be registered for the draft has kept roughly 68% from qualifying as applicants.
      • Imprisoned Pell applicants are subjected to enhanced document verification at roughly twice the rate of the general public.
      • Prisoners serving longer sentences are considered low-priority; because their prospects appear to be distant, they’re seen as less worthy of funding on paper .

Sources: “U of I Scheduled for National Program to Help Incarcerated Individuals,” University of Idaho News Site. Richard Hahn, “What to Know about Using Pell Grants to Take College Classes in Prison,” Prison Legal News, May ’22.
….

PAROLE HEARINGS WILL NO LONGER BE STREAMED

The Parole Commission has announced it will no longer stream parole hearings over WebEx. Beginning in August, anyone wishing to be present at a hearing will be required to do so in-person in Boise.

Though the announcement was made well in advance, no reason was given for the public departure from a process that made it easy for community stakeholder attendance.

As the price of gasoline continues to climb to an all-time-high, crime victims, advocates, peer supporters and prisoners are sure to find themselves affected by the costs that come with travel, taking time away from work and finding childcare for their young ones — all to attend a hearing that typically lasts no more than minutes, and for years was made convenient through an online video option.

Because many attend these hearings as a show of support, it will be interesting to see what, if any, trends result from the Commission’s decision to make the hearings less accessible.

Please view the Hearing Attendee Page at the Parole Commission’s website to familiarize yourself with the pre-registration requirements.

Source: parole.idaho.gov

FOLLOWING UP ON THE RISING COST OF JPAY

Last month we contributed to the confusion caused by the announcement that JPay rates were slated to undergo a change. Along with others, we felt the announcement contradicted a message delivered in 2020 from Director Josh Tewalt. And, along with others, we felt not only somewhat befuddled but as though we were promised and then led astray. Having since reviewed the CenturyLink contract, in which JPay rates are outlined, we believe we’ve identified the source of our conundrum:

When Director Tewalt relayed there was a permanent rate reduction, he was referring to a reduction of 25% off of the pre-pandemic prices that were plaguing all before. He was likely unaware at the time that everyone had grown accustomed to a much more generous discount — one of about 60%.

And what the resident population and their loved ones didn’t know was that they were paying at that point — and from then on for nineteen months — “Special Pandemic Rates,” straight from JPay’s bleeding heart.

So, when Director Tewalt said in his Sept. ’20 announcement, “I’ve had some folks asking if the cost reductions were about to ‘expire’ soon and the answer to that is no. We negotiated a permanent rate reduction,” he likely didn’t know they were asking of the Special Pandemic Rates — the ones they’d been paying for some odd months by then — and not the ones he signed off on just one working day before.

In summary: It was a miscommunication not unlike the many others that cause confusion daily between admin, staff and residents.

But (!) it is to the Department’s credit that, prior to the start of the pandemic, someone was persuaded to increase the number of phone calls indigent residents are allowed to make each year. From two a year to two a month, they went up by a factor of twelve. And that is certainly a move that deserves some level of praise.

In addition to that praise, it deserves one humble correction: last month I got it wrong when I titled an article on the imminent price raise “…Communicate With Indigent Loved Ones No More.” My apologies for misleading, this obviously isn’t the case.

Source: “IDOC Contract Number C014-017: Concessions Services Agreement for Inmate Communication and Kiosk-Based Technology Access.”

GRANDPA’S FAVORITE FLAVORS BEAR THE BRUNT IN THE BATTLE OF HOMEBREW

The Department has instructed Keefe Commissary to discontinue sales of the following items to the clients it houses in Close Custody quarters: Butterscotch Buttons, Starlight Mints, Rootbeer Barrels and sugar.

It’s alleged that all above have been purposed as illicits and abused in upbeat celebrations, such as Russian Yom Kippur.

These contraband confections will still be made available to less aggressive residents with fewer ambitions in chemistry; those residents, however, will from here on out be limited to purchasing three bags of candy every sixty days.

Residents experiencing issues with alcoholism are encouraged to attend their facilities’ AA meetings — with the exception, of course, of those condemned to Close Custody, who are welcome instead to dial this number during the days in which they’re given access to phones:

Idaho Suicide Prevention Hotline – (208) 398-HELP (4357)

IDOC STAFF AWARDS

St. Anthony Work Camp Ofc. Jason LaBeck and Pocatello Women’s Center Ofc. Kyle Wright were in the process of transporting a correctional client to Boise when the client suffered an emergency requiring immediate medical care. Thanks to the officers’ attentive response, the client was treated before succumbing to serious injuries. For their actions, the pair were awarded IDOC’s Silver Cross.

Idaho State Correctional Institution Sgt. Brian Klingensmith was also recently awarded the Department’s Silver Cross. Klingensmith is credited with helping to save the life of a resident who was suffering serious injuries.

IDOC’s Silver Cross is awarded to correctional professionals who perform life-saving actions or prevent serious injuries, and also to those who are seen to demonstrate an exceptional level care.

District 3 Probation & Parole Ofc. Vito Kelso has been awarded the 2022 Mental Health Advocate Award by the Region 3 Behavioral Health Board and Empower Idaho. Kelso, who serves on the Canyon County Mental Health Court team and the Region 3 Behavioral Health Board, was recognized for his “tireless and consistent efforts in managing mental health clients and connecting them with services in the community,” according to P&P District Manager Cary Barrier.

During the Mental Awareness Month of May, each of Idaho’s seven regions select recipients for this award based on their community advocacy, residency, and dedication to the advancement of mental health in Idaho.

Sources: “PWCC’s Wright, SAWC’s Labeck Awarded Silver Cross,” idoc.idaho.gov. “ISCI’s Klingensmith Awarded Silver Cross,” idoc.idaho.gov. Probation & Parole District 3 Manger Cory Barrier, “D-3’s Kelso Honored for Advancing Mental Health in Idaho,” idoc.idaho.gov.

A MESSAGE FROM MOURNING OUR LOSSES

Mourning Our Losses was launched by a group of educators, artists and organizers committed to the release of incarcerated people. In 2020, we began publishing memorials to honor the lives of our siblings dying from COVID-19 in jails, prisons and detention centers. As our platform continues to grow, so too do the opportunities we’re able to offer others to grieve, heal, and reflect on the loss of loved ones who needlessly perished due to poor prison conditions: Negligence, Violence, and Mental Health Crises — the unfortunate byproducts of mass incarceration.

We are driven by our prison experiences. Our crowd-sourced memorial site depends on our ties to you, our siblings inside. Our goal is to inform conversations about the dangers of mass incarceration by sharing stories of those we’ve lost. We teach the public that we’re people — not numbers or “inmates.” We don’t use dehumanizing language in memorials, nor do we talk about the crime for which a person was convicted.

You can help by submitting a memorial for a loved one who died while incarcerated, or by submitting related writing, photos or artwork ( which we may not be able to return to you safely). When submitting, please include the name the person you wish remembered went by, and also your name (or if you wish to remain anonymous). Please let us know if it’s okay to edit errors. In many cases we’re able to offer follow-ups. Write us at:

Mourning Our Losses
c/o Texas After Violence Project
P.O. Box 15005
Austin, TX 78761
mourningourlosses@gmail.com

COVID NEWS

Since the start of COVID, the IDOC has administered over 69,000 tests to those of its residents it houses in-state. More than 6,400 of those tests have returned some form of positive.

Those who have received their initial vaccination are encouraged by the Department to follow up with booster shots.

Because CoreCivic is suspected of cutting corners during COVID, all clients currently held in the corporation’s Saguaro facility are cautioned to inspect their needles before boosting.

As Idaho’s positivity rate continues to climb, the visiting situation is expected to remain fluid. Please check the Department’s website for the latest in cancellations.

Those experiencing issues related to COVID are invited to forward their grievances to:

ACLU Idaho
PO Box 1897
Boise, ID 83701

View IDOC’s COVID report here.

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.

Last month Mark hosted criminal justice advocate Kristy Laschoeber. Kristy discussed the importance of building coalitions and amplifying voices from within prison walls. As founder of the Freedom Exchange Project in Oregon, she works to share the talents of people incarcerated and familiarize the public with how its prisons work. Kristy can be found at kristylaschober.com.

Mr. Renick would like to remind all of the new Recovery Roundup, where every Saturday afternoon the formerly incarcerated discuss over pizza issues faced during reentry. From 1:00 – 2:30 pm at 5256 W. Fairview Ave., Boise.

Visit svdpid.org for more reentry resources.

RESIDENT AUDITING 101

IDOC Business Manager Cindy Lee has informed us that she will make the Centurion Scope Of Work available at all IDOC facility resource centers. We appreciate the move and applaud her effort.

Last month we followed up on questions from IMSI about tuberculosis tests results and how they’ve been recorded. Of those administered between October and April, medical staff reported returning to residents 100% of the time they were tested to check for the reactions that signal TB. Those who experienced otherwise are encouraged to write IDOC Health Services and request their medical records be corrected to reflect the truth.

Discovered in Contract Number C014 – 017 (Concessions Services Agreement for Inmate Communication and Kiosk-Based Technology Access): CenturyLink kicks the Department back six figures for every month the company provides its services to prisoners. The payment is based on IDOC’s Average Daily Population and meant to be added to an Inmate Management Fund (IMF). The IMF, according to the contract, is used to “promote the welfare of Inmates through services, programs and physical purchases.”

The Department has refused our request to view IMF activities and is suggesting that the fund is exempt from public record. This, we believe, is grossly inaccurate. Based on our understanding of Idaho Code, in the case of IDOC, the only financials to be protected from disclosure are those tied to executions and prisoners’ personal trust accounts.

Expect this matter to evolve as we reach out to local press.

The following public record requests have yet to be filled:

    1. May’s request for all notes, documents and written requests submitted to the Keefe contract monitor prior to the most recent Commissary Review Committee Meeting.
    2. March’s request for the medical standards by which the Department states they abide (those set forth by the National Commission of Correctional Healthcare).
    3. March’s request for information pertaining to IDOC’s involvement with the “The Preseason” Hustle 2.0 Program.

A RECOMMENDED RESOURCE FOR INCARCERATED PERSONS

The Prison Activist Resource Center (PARC) is an all volunteer organization that remains largely funded by small donations from individuals. Twice a year it publishes the 24-page National Prisoner Resource Directory and distributes it freely to all who request one.

PARC does its best to respond to individual letters but is unable to provide legal advice or referrals, or perform individual advocacy for prisoners experiencing rights violations.

The organization asks their directory be shared with as many as possible, to help spread out the resources prisoners find within.

Prison Activist Resource Center
PO Box 70447
Oakland, CA 94612

INMATE SERVICES AT WORK

Chuco’s Justice Center
7625 South-Central Ave.
Los Angeles, CA 90001

5-8-22

Dear Youth Justice Coalition friends,

I’d like to introduce you to an advocacy project that I currently run from my cell in a maximum-security prison, in hope it might inspire some ideas among your network. Enclosed is a newsy I write and publish every month, after sending it to my father over our prison messaging service. Having developed my advocacy model so that it can run on a shoe-string budget, I’m now able to introduce criminal justice issues to stakeholders at county, state and international levels; and I’ve made it my goal to help others do the same.

I hope you’ll take the time to see all I’ve made available and feel welcome to write me with questions or feedback.

Truly,
Patrick Irving 82431

SUGGESTION BOX

I suggest hiring the staff needed to open up the bathroom on the IMSI ballfield. It’s only a matter of time before we all call a Code Brown. Last week it got hectic. I almost burst a retina.

That’ll do it for June, folks. We’ll see you in July, when we hope to be back on schedule.

Shout to Veronica from Shy Boy! He says he was born first, you’re still his little sister, stop being a big old butt, and he loves you all the same.

“Hard Time”
— Jeremy Albino

Next: First Amend This!: An IDOC Newsletter, July ’22

Free Eye Screening and Glasses for Loved Ones Visiting the South Boise Complex June 25 and 26

When: Saturday, June 25 and Sunday, June 26.10:00 AM – 4:00 PM

Where: South Boise Correctional Complex (Entrance just off South Pleasant Valley Road)

Who: Family and friends of residents living in the South Boise Correctional Complex.

Details: Show up to the complex and find the Envolve Vision Van. If a problem is found during the free vision screening, the eye doctor at the van will perform a free exam and if the need for glasses is apparent, those in need will be given a choice between frames. The glasses will arrive in the mail roughly three weeks later. There is no charge for the screening, exam, frames, lenses or postage.

o Glasses will be distributed on a first come, first served basis.

o A limited supply of sunglasses will also be given away.

o Those under 18 will require consent from a parent or guardian.

o COVID precautions will be in effect. Please respect all protocols posted at the van.

This event is a collaboration between Evolve Vision Services and Centurion Health. Please share with others who have loved ones in South Boise.

[Irving’s note: If you’re wondering what the frames look like, I can’t be entirely sure, but the ones they’ve recently been handing to residents are the envy of all normies who can read this perfectly fine.]