Book Of Irving #82431

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.
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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!
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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.
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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.
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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.]
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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.
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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.
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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.
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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.]
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RENICK ON THE RADIO

With five years of episodes available for streaming, Mark Renick hosts Victory Over Sin on Boise’s KBXL 94.1FM, Saturdays at 12:30 pm. The program, funded by an advocacy arm of St. Vincent de Paul, shares what it’s like to live incarcerated in Idaho and 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.
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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.
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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.
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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.

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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.
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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!

Friends and families are encouraged to join the Idaho Inmate Family Support Group (IIFSG) on Facebook or contact them at idahoinmate@gmail.com.

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!
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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
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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.
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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.
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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).
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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.
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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).
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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

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!

Friends and families are encouraged to join the Idaho Inmate Family Support Group (IIFSG) on Facebook or contact them at idahoinmate@gmail.com.

…

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

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.]

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

Previous: First Amend This!: An IDOC Newsletter, Apr 22

Welcome to the May issue of First Amend This!

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 you to 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

The Convicted Conference is coming in June and the following issues could still use attention. Should anyone find an opportunity to introduce them at the conference, those of us who can’t make it would greatly appreciate it

1. IDOC’s current use of administrative segregation is placing unnecessary risk upon Idaho communities. Unless more action is taken towards ad-seg reform, the Department will continue to return their most problematic prisoners back to their communities without programming or supervision. (FAT! Apr. ’21, May ’21, Aug. ’21, Nov. ’21)
2. Per policy, pre-interview parole hearing packets are to be delivered four months prior to all scheduled hearings. For some time now, this has not been happening. These packets are portals that lead to one’s future. The information required to fill in the packet can take weeks to put together and the Parole Board tends to notice when the details are left blank. (FAT! Nov. ’21, Feb. ’22)
3. The betterment materials being donated by prisoners belong on their prison library shelves and not with the unnamed and unrecorded organizations that receive the donations from the Department. (FAT! Aug. ’21, Mar. ’22)
4. IDOC clients are encouraged to articulate their issues and be patient when approaching their problems through policy. Too often, their efforts are dismissed by staff who don’t take time to review that which is being presented. More attention needs to be given to the organized efforts, grievances and concerns of the resident population. (Ref: “Exhausted Grievances In Summary”)

On behalf of all those who are held in IDOC facilities, thank you for helping our voices be heard.

Let’s First Amend This!
…

PANDEMIC PROMOTIONS COME TO AN END, COMMUNICATE WITH INDIGENT LOVED ONES NO MORE

Dear IDOC Resident,

Idaho Gov. Brad Little has announced that he will end his declaration of the public health emergency related to COVID on April 15, 2022. Effective May 1, 2022, the IDOC, in connection with ICSolutions, will end the promotional items that have been extended during the COVID pandemic…

Sincerely,
Idaho Department of Correction

This was the message relayed on April 5, preparing residents to relinquish the following comforts: One free monthly video connect session; Two free weekly e-stamps; Free Reply Wednesdays; and Two free weekly phone calls.

Because it wasn’t made clear at the time whether the cost of JPay stamps, priced prior to the pandemic at around $.50 apiece, would continue being offered in packages of 60 for $10, this reporter addressed a Resident Concern Form to the IDOC contract monitor asking if stamps would be returning to their previous prices. Associate #D40 responded, “Yes. I am working to see if anything can be done. Please stay tuned…”

The message went out to all within earshot — and it wasn’t long before it found itself compared to the September 9, 2020, announcement sent out by none other than Director Tewalt:

Costs for Calls/JPay: Speaking of rates, 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…

It was impossible at the time to know what to believe; was the price of JPay stamps set to soar again or was someone overlooking an amendment to the contract?

The geniuses among us decided to play it safe and encouraged our networks to heed Associate #D40’s warning.

Prior to the pandemic, it was discovered that JPay had allowed the Washington State Department of Corrections to negotiate much better messaging rates for their clients. With one Washington prisoner placed on their contacts, families with loved ones imprisoned in Idaho could communicate more frequently at 1/3 the cost. Once the hack was identified and patched, the powers that be sent out a message that to this day is still remembered for its subtle intimation; finding ways to communicate with loved ones in prison at an affordable rate is a manipulative act.

A few months later and the world was hit by COVID. Everyone soon shared a sense of isolation and, JPay — bless their hearts — saved the day with a brand new promo. One which would allow stamps to again be purchased at Washington rates that are more easily afforded by separated loved ones.

Which brings us back to the panic that we help set in motion: May 1 has come and gone, and more affordable stamps remain;

And though we’re unable to say for sure as to why,
we’ll count ’em as blessings one stamp at a time.

— Irving 5:22
…
CENTURION HEALTH MISSES ITS CUE

It pains us to report the death of a resident recently transferred from IMSI’s C-BLOCK to ISCI.

While it’s being alleged that Mr. Dine became combative with medical staff prior to transfer, a source familiar with the situation says he appeared to be suffering from a great deal of pain and was frustrated with the level of healthcare he was receiving.

C-Block is used by IDOC to house those suspected of suffering from extreme mental illness. In addition to the criminally convicted, the unit is also home to Idaho’s “civil commits”; citizens sent to prison without the option of a trial. Because the health services offered to C-Block residents are no different from those throughout rest of the facility, the unit does more to contain and compound mental illness than it does to offer one’s illness a place to be treated.

Not more than a few hallways away from where Mr. Dine was presumably wending his way towards death, another inmate in A-Block with ongoing issues was being medically treated with accusations of faking. According to his cellie, the night his appendix finally ruptured he spent hours pleading through his door from the floor of his cell before staff found themselves able to act in his favor. One trip to the hospital by ambulance later and an emergency surgery saved the man’s life.

Though IDOC’s Department of Health Services has publicly vowed to investigate every health care complaint made against Centurion by a resident or family member, this reporter has reason to question their promise. For it’s in the process of editing that I’m politely interrupted; through my window, seeking consult, is yet another Centurion client. After being injected with a serum that tests for tuberculosis, medical staff never came back to place eyes on the reaction. “Will you look at this for me? Does this mean I have it? They injected a bunch of us and said they’d come back, but they never came back. Aren’t they suppose to?” To the degree that tuberculosis is rated an infectious and deadly disease, it presents as a bit of a problem that those who are testing for it are not taking it seriously. And it’s not as if those who are responsible are somehow unaware; this ongoing problem was included with others in last month’s lead story of this very newsletter. A copy of that issue of this newsletter was previously sent from my cell to the Department of Health Services, as well as to multiple members of Centurion management.

In March, following up on the inquiry made by CBS2 News, it was firmly stated by IDOC that they are abiding by the standards set forth by the National Commission for Correctional Health Care.

After they said it, we requested a copy. It’s now seven weeks later and they’ve still not produced one.
…

KEEFE CONFOUNDS ‘EM WITH TACTICAL MATH

On April 12, the following message was delivered over JPay:

Effective 5/1/2022, Keefe Commissary will be increasing all prices by 8.5% in accordance with section 17.4 of the commissary contract. The contract mirrors increases that are also happening in the community by matching increases or decreases to the Consumer Price Index (CPI). The CPI is abnormally high this year due to the effects of the COVID-19 pandemic on the supply chain, trucking, labor and manufacturing.

Keefe does understand the strain that this puts on our customers and will continue to acquire products that [bring the most value.]

We appreciate your business.

Thank you,
Keefe Commissary

Within minutes, another message arrived: A healthy array of products are being discontinued. Though they are set to be replaced with similar items, the price for these items is significantly higher.

Examples:

Price Per Ounce, Before and After

- - Regular Sausage: $ .51 / .77
  - Spicy Sausage: $ .51 / .77
  - Chick-O-Stick: $.37 / .91
  - Squeeze cheese $ .16 / .32
  - Hot cocoa mix $ .15 / .30
  - Grape Jelly: $ .10 / .25

While it’s true that Keefe isn’t immune to market fluctuations, the company is much better equipped than others to absorb them. The reason being that much of their Idaho labor force is comprised of female prisoners. Working for $1.35 – 2.00 per hour, these women are not federally recognized as employees, which prevents them from being protected by minimum wage and hour laws and keeps Keefe from covering them with workers’ compensation.

As an exclusive provider for Idaho prisons, the company is also able to operate without the threat of competition. Their customer loyalty is all but guaranteed: there is next to no incentive to offer special discounts, provide high-quality products or be proactive towards complaints.

In exchange for allowing Keefe to maintain exclusive rights, the Department is allowed to participate in a profit-sharing arrangement worth a guaranteed minimum of $1,250,000 plus 40% of the gross beyond the annual base sales target. And their commissions only go up with the inflation of prices. (It’s unclear what, if anything, Keefe contributes toward political lobbying efforts.)

So long as Keefe is capable of delivering security-centric products — food, electronics, recreational items and clothing — the company is likely to remain IDOC’s exclusive provider until the Department is forced to welcome bids from others in 2030.

For anyone wondering if there’s something to be done:

The Keefe contract stipulates that prices must be kept comparable to those of convenience stores in the Treasure Valley marketplace. And before any changes can be made to their prices or products, the company is required to submit a written request to the Keefe contract manager. Such requests are reviewed and then approved at regularly scheduled commissary review committee meetings. They must include labor and overhead increases and/or market, wholesale and manufacturing justifications, and only those that can be supported with objective market data will be considered. By obtaining these reports and double-checking data within them, one may find objections to present through the contract monitor.

Source: “Concession Services Agreement for Full Service Commissary Services and Account Management Services”, December ’21 Board of Correction Meeting Minutes. IDOC Policy 406.02.01.001 (Commissary Review Committee Meetings).
…

ENSURING TRANSPARENCY: WHERE ARE WE AT?

After successfully lobbying the legislature to prevent the chain of transactions that are required to procure lethal injection drugs from becoming public record or being discoverable by the Court, the Department’s commitment to operate transparently is as suspect as the puppet with the big wooden nose.

It’s important to note that this wasn’t the only move made in recent years to change how records are kept or made available for reference. Not long ago IDOC’s centralized storage system did away with the storing of Resident Concern Forms — the forms that their clients are required to use to communicate their everyday issues to members of staff. Now stored only by those to whom they are addressed, there are no clear guidelines establishing how and where they’re kept, or for what amount of time they must remain in storage.

Under this new system, were multiple ranks of IDOC staff approached with a matter that ended in horror, an investigation would rely on every party privy prior to procure all damning evidence the Courts might use against them.

Add to this an opaqueness in Finance: Last year, a public record request failed to produce any form of proof that the mounds of property being donated by residents are actually delivered to non-profit organizations. The Department couldn’t even provide so much as the names of the organizations receiving these property donations.

To sum it up sweetly in a small amount of space: More can be done by this Department to operate transparently.

Below is information that can help us move its goals.

WHAT ARE PUBLIC RECORD REQUESTS?

Public record requests are requests for information resulting from bureaucratic operations. Anyone can submit them by way of mail or email. One need not even reside in the United States to make them.

Requests can be made for statistics, budgets, contracts, employee correspondence, incident reports, purchasing orders, meeting minutes, memos, offender records and more. Everything but that which might compromise safety, expose trade secrets or conflict with privacy laws.

A sample of a recent request offers an idea of the types of people who make them: crime victims, journalists, fact checkers, prosecutors, pen pals, significant others, IDOC residents, probation and parole workers, reentry organizations, etc.

Though costs can be accrued, they are often filled for free. Exceptions are: requests that take more than 2 hours to fill or require more than one hundred pages to be printed. (The cost of postage may also apply.)

IDOC residents can submit their requests on a Resident Concern Form. They should be addressed to the Records Custodian and read something like this: “This is a public record request for [details of request].”

Ref: IDOC Policy 108.00.01.001 (Public Record Requests).
…

IDOC INVESTIGATES APPARENT SUICIDE OF PWCC RESIDENT
by Unknown Employee

April 9, 2022 — The Idaho Department of Correction is investigating the apparent suicide of a Pocatello Women’s Correctional Center resident.

The 41-year-old woman was found unconscious in her cell April 5 at 1:05 p.m.

Staff initiated life-saving measures and called 911. Paramedics responded to the scene and continued lifesaving measures. The woman was pronounced dead at a Pocatello hospital April 9 at 10:35 a.m.

PWCC is a 355-bed correctional facility for woman in Pocatello.

[This story originally appeared on the IDOC website.]
…

WHO WAS SHE AND WHY DID SHE KILL HERSELF?

I wish
that lady
was properly
recognized.

I wish
her existence
more formal
acknowledgement.

P
r
o
b
a
b
l
y

she was
a daughter,
a mother,
a sister,
a wife,

a friend to many someones…

….in need of all her friends.

I
n
s
t
e
a
d

someone who wishes
to remain anonymous
remembers her only
as 1 of 355

nameless,
featureless,
familyless,
females,

My wishes
to the others,
now 354

…

SOLITARY WATCH

Solitary Watch works to expose and oppose the use of solitary confinement in U.S. prisons and jails, and offers a free quarterly newsletter to prisoners. The organization often publishes correlations between high rates of suicide and the extended use of isolation. They welcome submissions of writing by those who have experienced serving time in solitary, SHU, RHU, Ad-seg, etc.

Solitary Watch
PO Box 11374
Washington, DC 20008
solitarywatch.org

Click here for work published from IDOC’s Ad-Seg.
…

COVID NEWS

Early April, IDOC reported a less than 1% positivity rate after conducting roughly 1,163 tests within its prison facilities. At the same time it was announced that the Department would begin demobilization efforts in accordance with its COVID operations matrix.

All facilities are now working to reopen visitation and return to normal programming.

Masks are still required in medical, quarantine and isolation areas. In all other places, so long as the facility falls into what the operation matrix classifies as the “green category,” masks are considered optional.

All incoming transfers will continue to undergo a minimum 14-day quarantine in the Receiving and Diagnostics Unit.

Staffing levels are expected to impact the rate at which facilities demobilize.

With new variants on the horizon, vaccinations and boosters are still recommended. Those who would like to follow the recommendations are asked to participate in upcoming vaccination clinics or submit a Health Services Request.

Those with COVID concerns are invited to forward all exhausted grievances to:

ACLU Idaho
PO Box 1897
Boise, ID 83701

View IDOC’s COVID report here.
…

CONVICTED CONFERENCE COMING TO MERIDIAN

The Convicted Conference will be coming to Ten Mile Christian Church in Meridian on June 4, from 10:00 – 17:00. The event is focused on providing healing and hope to Idaho’s justice-affected families.

Community organizations and government agencies will participate in 30-minute breakout sessions, in which one can expect intimate, authentic dialogue centered around community barriers, tangible resources, and Idaho’s recidivism problem.

Topics will include: Health and Healthcare, Communication, Parenting, Addiction and Recovery, Marriage and Partnerships, Reentry Support, Support and Assistance for Children of the Incarcerated Parents, and much, much more.

There will be plenty of opportunities to network and resource, as well as free food and children’s activities — with childcare offered to all in attendance.

Community organizations not scheduled to speak are invited to show up and explore solutions related to addiction, mental illness, housing, transportation and employment. Learn about or plug in to the support services that citizens returning from incarceration need.

There will be opportunities to meet with parole/probation officers, volunteers, mentors, and workforce and employment agencies, all of whom will be happy to introduce the formerly incarcerated and their families to available community resources.

Admission is free.

Saturday, June 4th 10am-5pm
Ten Mile Christian Church
3500 W. Franklin Road
Meridian, Idaho 83642

For more information, contact Travis Richey at travis@accomplishedventures.org.
…

RENICK ON THE RADIO

With over 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 Idaho, shares what it’s like to come out of incarceration and live life on parole.

IDOC CARES Grant recipient Mark Person, known throughout Idaho for his commitment and dedication to reentry services, will be joining Mr. Renick on the St. Vincent de Paul team. Great things are expected with the two combining forces.

Did someone say Free Pizza?! Fill your belly and feed your soul at the new Recovery Roundup. Saturday afternoons from 1:00 – 2:30 pm @ 5256 W. Fairview Ave. in Boise. All returning citizens are welcome to attend for an open discussion on the “the issues of the day.”

This month Mark welcomed artist William Glitz. After painting prison walls during incarceration, his murals can now be found in church and government office buildings. It’s now Glitz’s mission to help others find their place using his experience and offer more perspective to wherever it may be needed.

Learn more about Mark’s advocacy work and reentry resources at svdpid.org.
…

RESIDENT AUDITING

A public record request has been made for all notes, documents and written requests submitted to the Keefe contract monitor prior to the most recent Commissary Review Committee Meeting. Minutes from the meeting have also been requested.

A separate request has been made for Keefe sales volume reports from 1-21-22 and 7-15-21, the last twelve months of revenue sharing payments from Keefe to IDOC, and the monthly Keefe invoice from January ’22.

March’s request for the standards set by the National Commission of Correctional Health Care has not yet been filled. These are the standards by which IDOC abides, according to statements made by the Department to CBS2 News.

March’s request for information pertaining to IDOC’s involvement with “The Preseason” Hustle 2.0 Program has also not been filled.

Per Idaho Code 74-120(11), a requester may not file multiple requests for public records solely to avoid payment of fees. When a public agency or independent public body reasonably believes that one or more requesters is segregating a request into a series of requests to avoid payment of fees, the public agency or independent public body may aggregate such requests and charge the appropriate fees. They shall not, however, aggregate multiple requests on unrelated subjects from one requester.
…

INMATE SERVICES AT WORK

4-17-22

To: Chief Executive Officer Steven Wheeler, Chief Operating Officer Keith Lueking, Senior Corporate Director for Policy and Accreditation Tracey Titus , Vice President of Medical Operations Julie Buehler, Corporate Infectious Disease Coordinator Brenda Sue Medley Lane, Director of Electronic Health Records Christopher Bourque, Director of Marketing and Communications Katy Stofko, Vice President and General Counsel Deana Johnson.

Included is a copy of April’s Idaho Department of Correction newsletter, which covers some of the issues experienced over the six months that Centurion has been acting as our new health care provider. Other issues have been detailed in previous months. Those can also be found @ bookofirving82431.com. Thank you for devoting an appropriate level of attention to all our concerns.

Regards,
Patrick Irving 82431
…

SUGGESTION BOX

I suggest pulling the tuberculosis test results reported by Centurion. If signatures reflect that staff are verifying the results at a rate of 100%, this resident will be happy to produce several affidavits testifying to the fact that this is not the case.
…

Shout-out to Michelle Rhea from Machiavelli Pinkeye ()!()

“Hungry Dog in the Street”
— The Taxpayers

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

Upcoming Event: The Convicted Conference. June 4, 10:00 – 17:00. Free food and childcare!

There will be plenty of opportunities to network and resource, as well as free food and activities for children — with childcare offered to all in attendance.

Community organizations not scheduled to speak are invited to show up and explore solutions related to addiction, mental illness, housing, transportation, and employment. Learn about, or plug-in to, the support services needed by citizens returning from incarceration.

Admission is free.

Saturday, June 4th 10am-5pm
Ten Mile Christian Church
3500 W. Franklin Road
Meridian, Idaho 83642

For further information, contact Travis Richey at travis@accomplishedventures.org.

Letters to GigglePea (4.21.22)

Dear GigglePea,

Today I spent all of my dayroom time creating an interpretive dance that merges in story our pasts with our future. As my time out-of-cell came to an end, I looked around the room and saw all of the guards had gathered. A thunderous applause broke through the silence. They and all the prisoners began hugging and sharing handkerchiefs. The amount of tears and snot passed between them was disturbing.

“What inspired that dance?” someone asked.

“The most beautiful girl in all of the world,” I said.

“But what is her name?” cascaded in echo.

Like a sweet song from my lips, it only made them cry much harder.

Minutes later the governor called. From our warden he had received a video of the dance. Just for the day, the governor decided, in honor of the world’s most beautiful dance for what must obviously be the world’s most beautiful girl, he is going to shut down all of our prisons and send us occupants home to our families, “Today we celebrate beauty and love,” he said, before declaring it GigglePea Day in Idaho.

“Thank you,” I said. “I’ll tell the others that they can go on, but I’m staying here to lock this place up.”

“What?!!” No one in the crowd could believe it. How could I wish to stay another despicable moment?! They simply couldn’t fathom how I wouldn’t rather take a walk, have a couple beers and eat a signature-style sandwich. None of which I’d have to pay for myself; never again would I be paying after an interpretive dance like that.

“You don’t understand, I said. “It’s not yet good enough. Not for my GigglePea!”

Shutting the door to my cell, I rolled my leg warmers up to my thighs and began working my way through the pain of my blisters toward an opus of dance that will redeem your whole family…

Yours