Updates

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!

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 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!

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 more.

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.

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 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

Important Notice Regarding Future Communications With Idaho Prisoners

On 4-5-2022, the Idaho Department of Correction delivered the following message to their resident population.


MESSAGE FROM THE IDOC

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

What this means is, as of May 1, the following will no longer be offered to Idaho prisoners, their friends and their families: one (1) free monthly video connect session, two (2) free JPay stamps, Free Reply Wednesdays, two (2) free weekly phone calls, and reasonably priced JPay e-stamp packages.

The price of the JPay stamps used to send emails are expected to be raised back to the exorbitant amount of approximately $.40 apiece, when purchasing 50 or more at time.

Some of you may remember that IDOC worked with JPay prior to the pandemic to prevent people from purchasing stamp packages at the rate negotiated by Washington State Department of Corrections. While Washington State Corrections has always offered stamp packages at a fraction of the price IDOC has negotiated, it was implied by the Department at the time that seeking to communicate with loved ones imprisoned at an affordable rate is a manipulative act.

Others may remember the following excerpt from the message Director Josh Tewalt issued on September 9, 2020:

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.

Out of concern that the information provided by Director Tewalt was unreliable, we asked an IDOC contract manager this week if JPay stamps will return to their previous prices. Associate #D40 responded: “Yes. I am working to see if anything can be done. Please stay tuned…”

Those that wish to play it safe are encouraged to stock up on e-stamps at the current price of 60 for $10.

As of May 1, should IDOC fail in their alleged attempt to renegotiate with JPay, prices are expected to jump to 50 for $20.

It is currently unclear if phone prices will return to pre-pandemic levels as well (a 33% increase). An answer to this question will be posted below as soon as possible.

Click here to learn more on how the Idaho Department of Correction allows prison profiteers to charge their prisoners’ loved ones at the highest rate in the nation.

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

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

Welcome to the April 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 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

For months it was said by our friends in the forums that mounting complaints of inadequate care from Centurion Health were signaling a crisis. But it wasn’t until CBS2 News got involved that Centurion responded with some sense of urgency. While the response was appreciated by their clients in custody, the company’s quick shift in effort spoke volumes of truth: They always had it within their ability to provide those in corrections with adequate care.

And so, to our friends at Centurion: We thank you for your effort and understanding moving forward. (Copies of this issue have been sent to your executive, clinical and support team leadership.)

Let’s First Amend This!

IDAHO’S NEW PRISON HEALTH CARE PROVIDER IS NEGLECTING TO MEET THE DEMANDS OF THEIR CLIENTS

“There is a baked in cynicism about what inmates say and what they complain about. It’s just part of the correctional culture. The risk is that you assume everyone is lying to you.” — Andrew Harris, professor of criminology and justice studies, University of Massachusetts, Lowell.

From neglecting to fill prescriptions for weeks to falsely informing their patients and more, Idaho’s new prison health care provider has been failing their clients in corrections facilities for months.

Last month, a chorus of voices filled with frustration called in their concerns to Boise’s CBS2. The CBS2 newsroom was inspired to fire off a few questions to the IDOC that were deferred to a Centurion Health company spokesperson, who offered the following: “Like many healthcare settings across the country, Centurion has experienced challenges in recruiting staff during the pandemic, on top of the difficult task of recruiting caregivers to serve in the unique settings within a correctional facility.”

Feeling no more informed by the spokesperson’s response, CBS2 vowed to dig a bit deeper, prompting IDOC to craft one of their own: “We care about the health of everyone in our custody… While we are not immune to the same pressures that have impacted the delivery of healthcare services in the community, we are committed to working with our contract medical provider to ensure appropriate and timely health care.”

Alongside this statement, a comparison in numbers: since Centurion has been the acting provider, a total of 437 grievances have been lodged against them; while in the same period of time the previous year, 433 were filed against the former provider Corizon (renamed YesCare May 2022).

IDOC went on to assure that its Division of Health Services would continue investigating all incoming complaints, conducting performance audits and reviewing patient records.

As this article is edited from IMSI, the presence of medical personnel has noticeably increased, nurses are following up on lingering requests and health services are being offered, on average, at a higher rate of speed.

With that said, of the problems presented in the period of months that Centurion has been acting as the IDOC provider, there are still plenty in need of solutions.

The litany that follows is in no way comprehensive:

1) This resident auditor was denied the ability to present multiple issues belonging to Medical in the 30-day window allotted for grievances.

Per IDOC policy, residents must petition for approval and can have no more than three concurrent grievances in-process, with a window of only 30 days in which to file grievances. In my case, the window to file two grievances expired while waiting for staff’s delayed response to other grievances that were already being processed. Had they been matters of critical treatment, months would have passed before either were logged.

2) Per IDOC and Centurion, established protocols for health services need to be followed in order to combat elongated wait times. But a week-long outage of Health Service Request (HSR) forms recently rendered IMSI residents unable to follow health service protocols. They were prevented from presenting urgent requests to medical staff. By coincidence, this outage occurred around the second facility lockdown requested by Medical “to help them catch-up.”

3) After replacing Corizon in October, Centurion was found to be charging an excessive amount for medical copays (FAT!, Feb. ’22). No attempt was ever made to inform those at risk, leaving many susceptible to erroneous charges.

Where clients became aware on their own, some charges were refunded, but others ran into problems: Medical says it’s an issue for Inmate Banking and Inmate Banking responded that the issue is in Medical’s hands. In the same way the errors were never announced, neither were instructions provided to help those affected deal with it.

As for those who come late to the fact, policy will prevent them from recouping charges by presenting the issue in the form a grievance. It is therefore recommended that those denied the grievance process try their claim through the federal Consumer Financial Protection Bureau. Instructions to make a claim are found below.

4) Labs, MRIs and X-rays are needed to move treatment forward. In the case of one individual with a pituitary tumor, one that is increasingly suspected of affecting his vision, an important two-part test has been refused based on medical’s inability to conform to the required window for the testing.

5) Tuberculosis test results are knowingly left unchecked. IMSI residents, after being informed by a nurse she’ll be back in three days to view the injection she leaves in their arms, are left waiting indefinitely for the nurse to return. When asked by this auditor why she refuses to report back as scheduled, she explained, “We figure you’d let us know if you tested positive.”

In the case of yearly administered tuberculosis tests, at no other time has an IDOC health provider placed the onus on their clients to analyze themselves. If there exist procedural sign-off signatures indicating that all results have been read, then medical records have been falsified. The extent of such possible falsification is not currently known.

6) In January at IMSI, a facility-wide outbreak of Covid symptoms was met with minimal testing. When several inmates sought medical services and tested positive during their medical visit, no follow-up testing took place with their cellmates or cohorts (FAT!, Feb ’22). Recent arrivals to IMSI say the experience was the same as at other Idaho correctional facilities.

7) For extended periods of time, everything from thyroid medications to ibuprofen prescriptions are left missing from residents’ medical regimens. Those requiring medical apparatuses are also subjected to unusual delays. The kind of knee braces commonly found at the neighborhood grocer recently took months to reach IMSI residents.

8) Information isn’t provided with booster shots and vaccinations. In the case of one resident, who was told that he was getting the brand of vaccine that he’d been waiting for, it was divulged days later that he was injected with a different brand. Upon informing medical staff that his consent was conditioned to a specific vaccine, he recorded their response as, “It’s really all the same.”

9) Protocols with labs and ultrasounds are inconsistent. Though the provider requires some clients to abstain from food and drink prior to their appointments, they’re seldom given notice of when their appointments have been scheduled. This makes it impossible to follow the provider’s instructions.

10) Following a class-action settlement hearing announcement pertaining to the treatment of Hepatitis C, a Health Service Request (HSR) submitted for testing for the virus was scrutinized by a nurse from the door of a crowded rec area. In the presence of a correctional officer, she asked, “Why the need to be tested for Hepatitis C?” When referred to the bulletins posted in every unit, which list testing for the virus as part of the settlement, the nurse demanded from this auditor an order from the Court, suggesting testing wouldn’t be done based on a test request alone.

I raise here two issues regarding this incident:

a) Medical privacy is not being respected. Because the behaviors that most commonly drive the need for this test are met by the Department with punitive measures — excluding, of course, the situational rape — one’s reasons for wanting to take such a test should be less aggressively asked in a safe, private space.

b) Medical staff are unaware of the upcoming settlement, i.e. unaware of their obligations to the Court and to their clients.

Walking away from the experience, I had to wonder: If Centurion was aware of what Corizon left behind, at what point in time do they decide to inform their staff?

(View the settlement proposal here.)

Sources: CBS2 News Staff, “IDOC Health Services Contractor Says It’s Struggled With Staffing Challenges,” idahonews.com. CBS2 News Staff, “Q & A With Idaho Department of Correction After Various Concerns Over Health Services For Inmates,” idahonews.com

LETHAL INJECTION SECRECY BILL PASSED INTO LAW

The Idaho Department of Correction need no longer succumb to the scrutiny that comes from executing their clients by lethal injection. After passing through the House and pushing through the Senate, House Bill 658 was signed by Governor Little on March 23, 2022.

Prior to the bill’s passing, the Department’s drug dealers had been dissuaded from slanging pentobarbital sodium for the purpose of putting their clients to death.

Once in effect, the bill allows IDOC to withhold all information pertaining to the chain of transactions necessary to facilitate an execution warrant. Not even the Courts, with their wisdom and power, will be able to demand the disclosure of purchases, providers, or criteria by which they’re chosen.

Retired U.S. District judge, Ronald Bush, appeared before the Senate to speak against the legislation. Having previously presided over a case in which IDOC withheld information that may have been used to argue against an imminent execution, he presented himself only as a citizen concerned that prisoner protections would be placed at risk, along with the public’s First Amendment right to the freedom of speech.

Director Josh Tewalt reassured lawmakers that the quality of all future pentobarbital scores will be decided by those who work in corrections, and not those seeking safeguards through knowledge in chemistry.

The bill is expected to be challenged in Court.

Sources: Rebecca Boone, “Idaho Revives Bill to Boost Secrecy About Execution Drugs,” Associated Press. Keith Ridler, “Idaho Governor Signs Law Shielding Sources of Execution Drug,” KTVB7 News.


ACCESS CORRECTIONS CHARGES IDAHOANS MORE

According to research presented by the Prison Policy Initiative, the Access Corrections fees for online money transfers to prisoners in Idaho are the highest in the nation.

For those in IDOC custody, an online transfer of $20 costs $7.95. For other state DOCs, the same amount when transferred costs on average roughly half that.

While money orders are processed by Access Corrections for free, the speed at which they’re handled is best described as slow. Also, per the Access Corrections operating agreement, the company disclaims liability for any money orders that are received but not credited to accounts. The uncertainty this creates for those in need of food and hygiene makes it, for many, the least desirable option.

But be careful complaining of this matter to the company…

Access Corrections reserves the right to share information with anyone deemed to have a “public safety purpose.” Oddly, they don’t require a profession in public safety. Apparently, anyone who claims that you’re a threat to public safety can apply through the company for your personal information.

Source: Stephen Raher and Tiana Herring, “Show Me the Money: Tracking the Companies that Have a Lock on Sending Funds to Incarcerated People” Idaho Prison Policy Initiative, Prison Legal News, Mar. ’22.

COMPLAINTS WITH YOUR PRISON SERVICE PROVIDER? TRY THE CONSUMER FINANCIAL PROTECTION BUREAU

The Consumer Financial Protection Bureau (CFPB) is a federal agency that implements and enforces federal consumer financial law and ensures that markets for consumer financial products are fair, transparent, and competitive for everyone. If you are having a problem with almost anything finance related, the CFPB will field your complaint and work to resolve it

How to submit your complaint:

1) Call 855-411-2372 toll-free. They can assist you in over 180 languages.

2) Visit consumerfinance.gov/complaint. With your authorization, a complaint can be submitted online on your behalf.

3) Send your complaint in by mail:

Consumer Financial Protection Bureau
P.O. Box 2900
Clinton, IA 52733-2900.

Include the current date, your name, address, jail or prison ID number, and email address, if applicable. Be sure to detail who your complaint is against, the product or service your complaint is about, a description of what happened and when, and what you believe is a resolution.

Unable to get online or provide an email address to receive updates on your complaint? Call the number listed above to receive updates and answers to all related questions.

COVID NEWS

Since the start of Covid, over 64,500 tests have been administered to IDOC residents housed in-state, with over 6,700 returning some form of positive. Six related deaths have also been reported.

When considering these numbers it’s important keep in mind that IDOC clients in the care of CoreCivic haven’t been tested for over eighteen months, and recent outbreaks in IDOC facilities have also been allowed to go about untested.

A September 2021 study, conducted by the Prison Policy Initiative, shows Idaho receiving a failing grade for its response to Covid in prisons. The following factors were taken into account: 1) Idaho failed to reduce its prison population more than 10% during the pandemic; 2) Idaho did not mention incarcerated people in its vaccine rollout plan; 3) Idaho did not implement policies to accelerate releases for minor offenses or medical reasons.

Residents who have not yet been immunized are encouraged by the Department to request Covid shots now.

The visitation situation remains fluid. Check the IDOC website for updates.

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

ACLU Idaho
PO Box 1897
Boise, ID 8370

View Covid numbers as reported by IDOC.

RESIDENT WRITERS PUBLISHED IN THE IDAHO LAW REVIEW

James R., Chris Shanahan and Patrick Irving recently appeared in the Idaho Law Review: Symposium Edition (Volume 57, Issue 3). Each were invited by ACLU of Idaho‘s Ritchie Eppink to contribute to the University of Idaho’s law publication.

In March ’21, Chris and Patrick presented over a video stream to the symposium audience with the tacit encouragement of Director Tewalt. Their presentations, described by the audience as heart-wrenching and profound, have since been viewed almost 600 times.

Upon publication, each writer received copies of their works and a letter of appreciation from the ACLU of Idaho.

At the time of the symposium, Chris conveyed excitement in applying for a PEN America mentorship. His ability to craft high-quality works has many hoping he publishes more soon.

Following acceptance of his writing submission, James expressed the desire to remain anonymous.

Patrick continues to produce the First Amend This! newsletter, along with other works published at bookofirving82431.com.

OLD IDAHO PENITENTIARY COMMEMORATES 150 YEARS

On Mar 21, 1872, the Old Idaho Penitentiary opened its doors for eleven prisoners transferred from Idaho City, who had been serving their time at the Boise County Jail.

At only ten years old, James Oscar Baker would find himself among them after killing E.T. Williams in the town of Soda Springs.

The first to escape from the penitentiary were Al Priest and A. Hood. Priest would be caught and returned to his sentence; Hood, however, would never be found. Over the next 100 years, at least 498 more attempts would be made.

In the 101 years the Old Pen was operational, 13,000 prisoners entered through the gates; ten were released by the end of the noose.

The prison reached capacity in 1954, but it wasn’t until several buildings were burned in the “final major riot” of 1973 that the prison would no longer be used to house inmates.

The penitentiary was turned over to the Idaho Historical Society in 1974. Tours are available at:

2445 Old Idaho Penitentiary Rd.
Boise, ID 83712

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 https://www.svdpid.org, shares what it’s like to live in incarceration and the difficult transition faced on and off parole.

Now working part-time in the St. Vincent de Paul reentry outpost located with in the District 3’s Probation and Parole building, former Volunteer Religious Coordinator Marty Sandermann discussed potential prison mentorship programs for 2022.

Author and speaker Sean Michael Crane shared over the airwaves a personal transformation during his time in prison that eventually opened up amazing opportunities. Sean will be speaking at the Convicted Conference in June, an all-day event held at Ten Mile Christian Church. He can be contacted through convictedmindset.com.

As the new director of marketing and communications for St. Vincent de Paul, Kasey Elguezabal spoke on her goal of sharing more stories from the formerly incarcerated in hopes of creatively educating Idaho communities on the importance of reentry services in Idaho.

Another new addition to the St. Vincent de Paul team, Danielle Kroeger is utilizing her experience in IT and program management to help tackle the many projects currently in progress for citizens returning to their communities after incarceration.

Learn more about Mark’s ongoing advocacy work at svdpid.org/advocacy-systemicchangeofid.

RESIDENT AUDITING 101

A public records request seeking N-95 mask recommendations from the state epidemiologist to IDOC has been made, along with a request to view all purchases of N-95 medical masks during the pandemic.

A request for the standards set by the National Commission on Correctional Health Care (NCCHC) has been submitted. Where the NCCHC wants ninety dollars for a copy, IDOC will produce them for six.

After discovering the Centurion contract is over 2,000 pages, and requesting it in its entirety would cost over $200, it is now being requested in 100 page increments — the maximum pages provided for free.

In an ongoing effort to identify advocate stakeholders, a request has been made for all current matters of IDOC litigation.

INMATE SERVICES AT WORK

Idaho State Historical Society
Executive Director and State Historic Officer Janet Gallimore
2205 Old Penitentiary Rd.
Boise, ID 83712

3-27-22

Dear Ms. Gallimore,

One can imagine it was difficult, and likely also hazardous, for residents of the Old Idaho Penitentiary to address conditions of confinement back in their day. And so I thought it might be of interest to the Idaho State Historical Society to note how today’s prisoners have it within their ability to reach relatively large audiences and present to them using modern-day media platforms. As an example I offer our correctional newsletter, which is published every month from the confines of my cell.

First, it’s typed up on tablet device that’s sold to us imprisoned by a prison profiteer. I then send it electronically through their messaging service to my father, who receives it at his home desk in New Jersey. It’s just a copy-and-paste from there to the blog we created as a resource, news site and networking guide for anyone interested in Idaho’s prison system.

In the last few years I’ve introduced it at county, state and international levels to behavioral health specialists, justice-affected families, students and educators, sheriffs and councils, advocates, initiatives and a wide range of lawmakers.

Enclosed is a copy a March’s newsletter, in the format it returns to me before it’s sent back out. Along with other informative Idaho prison presentations, this newsy is archived at bookofirving82431.com, and available for viewing to anyone interested. Of course, if you think it might help to offer some contrast, you are welcome to share it with your Old Idaho Penitentiary tours.

In friendship and incarceration,
Patrick Irving 82431

SUGGESTED SITES

idahojusticeproject.org
idahoprisonproject.org
solitarywatch.org
jailmedicine.com
idahoprisonarts.org
idahoprisonblog.blogspot.com

Shout-out from Eric to Samantha the Sloth. For being awesome, he says.

What a nice guy.

“Cautionary Tales”
–Jon Bellion

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

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

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

Welcome to the March 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.

Those looking to improve Idaho’s criminal justice system are asked 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

By sharing the experiences of those familiar with our prisons, the ways that they work and the ways that they don’t, we’re able to actively exercise the muscles of democracy and help civically restore those who’ve lost their right to vote. Please keep this in mind while perusing this issue; there’s no shortage of opportunities for spectators to get involved.

Let’s First Amend This!

LEGISLATORS POSITIONED TO PROTECT LETHAL INJECTION DRUG DEALERS

“As I stand in front of you, I can attest that the State does not have the material to carry out an execution,” testified Director Josh Tewalt in front of the House Judiciary, Rules and Administration Committee on February 17. “We’ve been unable to secure the necessary chemicals and potential suppliers have expressed concern that the language in our administrative rules is insufficient to protect their identities.”

His was a plea for legislative approval of House Bill 658. A bill seeking to block public access to information related to the mysterious chain of transactions created as a new execution is announced. Were this bill to pass, it would protect the information of all who handle and broker the equipment and drugs used to execute inmates, and also prevent relevant information from being discoverable and introduced as evidence during court cases.

Representative Colin Nash was among those who opposed the bill’s introduction. “I trust the government to take out my trash, I don’t trust them to kill people in secret processes…. I have probably never been more embarrassed to be an Idahoan than when I found out how the government handled the last execution. I think this is embarrassing, and I don’t think our government should be in the business of carrying out executions in secret processes.”

Co-sponsor of the bill, Representative Greg Chaney, rebutted: “Idaho is one of 24 states that maintain active use of the death penalty. Of those, 19 of them extended some form of the drug supplier or execution shield.”

The bill went on to be approved by committee and, having passed through the House with a vote of 38-30, now awaits the approval of Idaho’s senate and governor.

While lethal injection is currently Idaho’s only method of execution, at least one Death Row resident has requested to be put down by firing squad. This out of a concern that pentobarbital might inimically mix with his terminal illness, causing potentially unusual and tortuous pain. When asked if the firing squad was considered an option, Director Tewalt said he doesn’t feel compelled to place this burden upon his staff.

Sources: Clark Corbin, “Idaho House Passes Bill Granting Cofidentiality in Executions. Identities of Lethal Injection Drug Suppliers and Manufacturers Would Become Secret Under House Bill 658” Idaho Capital Sun. Kevin Fixler, “Unable to Buy Execution Drugs, Idaho Seeks to Shield Potential Suppliers from Scrutiny,” Idaho Statesman.

COURT REJECTS GOVERNOR’S ORDER TO EXECUTE INMATE ON HOSPICE

An Idaho district court has ruled that Governor Brad Little acted illegally in vetoing the Idaho Commission of Pardons and Parole’s decision to reduce a terminally ill, Death Row resident’s sentence to life-in-prison.

Following the commission’s 4-3 vote, Governor Little publicly opposed the commutation and took to the courts to reinstate the execution. The Court, however, didn’t find in his favor. Citing a decades-old amendment to the Idaho Constitution, Judge Jay Gaskill wrote, “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.”

Gaskill went on to find that the Commission of Pardons and Parole maintains the power to issue commutations for all criminal convictions except in cases of treason and impeachment.

Governor Little intends to appeal the Court’s ruling.

Source: Kevin Fixler, “Judge Overrules Idaho Governor on Death Row Inmate’s Sentence, Reduced to Life in Prison,” Idaho Statesman.

SPEAKING OF COMMUTATIONS…

Commutation is a process whereby clemency may be granted to modify a sentence imposed by the sentencing jurisdiction.

A petitioner may submit a Commutation Petition once every 12 months. There is no time restriction regarding submission of the first petition for those currently incarcerated. Parolees must serve at least one year on parole before submitting a Commutation Petition.

Petitions must include the reasons for requesting commutation and the precise modification being requested, such as:

      • Reduce the length of the sentence
      • Change a fixed sentence to indeterminate
      • Change a consecutive sentence to concurrent
      • Reduce the fixed portion of a sentence

Petitions are reviewed by the Commission of Pardons and Parole in January, April, July and October. The review occurs in executive session without the petitioner present.

If the commission elects to grant a hearing, they will determine the date of the hearing, which will then be held in front of the full commission.

Source: “Idaho Department of Correction Commutation Packet

CORRECTIONAL “COST OF CARE” FEES PUSH JUVENILES TOWARD FAILURE

In 2021 families of more than 5,600 young men and women were assessed ‘cost of care’ fees while the youth were in custody of the Idaho Department of Juvenile Corrections,” says George Prentice, Boise State Public Radio’s host of Morning Edition.

After being charged for things like the cost of confinement, public defender representation, mental health assessments, collection fees and more, one family reported being left with a crippling balance of $27,950.

With roughly 198,000 cases of outstanding cost-of-care fees identified last year, an effort is underway to offer the families affected relief.

Kendra Knighten, associate with the Idaho Center for Fiscal Policy and Idaho Voices for Children, and Erica Marshall, director of the Idaho Justice Project, are currently working with Representative Marco Erickson to eliminate these fees with 2022 House Bill 500.

Knighten and Marshall appeared on Morning Edition in February to discuss these cost-of-care fees and whether they’re actually necessary. These fees, they say, tend to only supplement budgets in miniscule amounts and, where many families fall behind in their payments, 33% of that which is collected is immediately used to pay debt collectors. It’s also not uncommon for counties to hold criminal contempt hearings for people who struggle to pay the inflated fees. As a result, troubled Idaho youth are being welcomed into adulthood with looming criminal charges that hinder their opportunities. Were Idaho to eliminate these fees, says Knighten, the Idaho Center for Fiscal Policy has shown how agency budgets will still be strong enough to provide good programs and maintain their goals.

Those interested in helping eliminate long-lasting hardships for justice-affected families are invited to contact Erica Marshal at idahojusticeproject.org.

Source: George Prentice, “As thousands of Idaho Juvenile Offenders remain in the same system, families are shackled to cost”, Boise State Pubic Radio.”

MANDATORY MINIMUMS PROPOSED FOR SEX OFFENSES

Upset with how serious sex crimes are sentenced in Idaho, Representative Chad Christensen introduced a bill to the House Judiciary, Rules and Administration committee seeking to establish mandatory minimums for miscellaneous sex offenses.

2022 House Bill 508 would require five-year mandatory minimums for a wide range of sex convictions. It would also mandate a one-year mandatory minimum for those who fail to register as a sex offender, a 90-day mandatory jail stay for any sex offender caught frequenting restricted areas where children are present, and a 90-day mandatory jail stay for daycare owners who knowingly employ anyone convicted of a sex crime.

Idaho Supreme Court data shows at least 1,390 sex offense charges were filed statewide in 2021. The number of convictions isn’t readily available.

Following the bill’s introduction, it was noted by committee members that their aim in recent years has been to reduce mandatory sentencing laws, not increase them.

Sources: Eric Grossarth, “East Idaho Legislator Introduces Bill to Set Mandatory Minimums for Sex Crimes, eastidahonews.com. Betsy Russell, “Bills, Bills, Bills…”, Idaho Press.

SETTLEMENT PROPOSED FOR CLASS ACTION, HEPATITIS C LAWSUIT

Last month IDOC residents were notified that a settlement has been proposed in the 2018 lawsuit filed against IDOC and former health care provider Corizon. (Case No. 1:18-CV-00001-BLW, Turney vs. IDOC.)

Certified as a Class Action lawsuit, the Court has been asked to direct IDOC to provide adequate medical treatment to all current and future residents in their care with chronic Hepatitis C Virus (HVC).

IDOC has proposed to spend a total of $29.25 million dollars from 2021 through 2025 for the purpose of providing HCV treatments to eligible inmates. HCV literature, published by the Center for Disease Control and Prevention, will also be provided to all who pass through IDOC Reception and Diagnostic Unit (RDU). Antibody and viral load testing will be offered as well.

A fairness hearing has been scheduled for May 10, 2022 at 2:00 p.m. Following the hearing, the Court will decide whether to approve the settlement agreement.

Any Class member has a right to object to the proposed settlement by completing and submitting the Notice of Objection form by March 21, 2022 (the objection deadline) to the Court addressed below:

Clerk of the Court
United States District Court
Re: Turney v. IDOC, Case No. 1:18-cv-00001-BLW
550 W. Fort Street, No. 400
Boise, ID 83724

Those seeking monetary awards for damages arising from HCV must do so outside of this case and file a separate action.

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 costs, mountains of gear, following confiscation, have allegedly found homes with unspecified charities. The total worth of these items, after years of accumulation, can safely be estimated in the hundreds of thousands of dollars.

Oddly, no record of this charity has been kept by the Department, making it impossible to distinguish which organizations are recipients, the criteria by which they’re chosen and at what frequency they benefit.

It’s a matter recently discovered by way of a public records request after transactional proof could not be produced to show that resident donations reach a charitable cause. Unable to offer charities by name, the criteria by which they’re chosen and at least one receipt showing a transaction was made, a grievance was lodged to compel the Department to begin keeping some record of charitable donations. Several months later, all appeals exhausted, the Department’s refusal to keep records was final. To collect even a signature from charitable recipients would amount, in their words, to a monumental task.

IDOC clients are confident that they know better. By combining their experiences in businesses and education, they find it simple to surmise that either someone is being lazy or the “receiving charities” aren’t charities at all. With the weight of the latter a heavy concern, they’re now calling for attention from the Department of Justice, investigative journalists and Idaho policy groups. Seeking to inspire either audit or injunction, they’d also like some say in choosing the recipients of their future donations.

Click here to view the public records request, exhausted grievance and other related items.

JPAY CELEBRATES BLACK HISTORY MONTH WITH A DISCOUNT ON THE IDOL THAT BROUGHT THE WORLD “WHITE WEDDING”

Those marketing geniuses did it again. Last month, prison service provider JPay shook their stick at Black History Month by offering month-long discounts for a few of their famously favorite White artists.

~Actual JPay Message~

“Celebrate Black History month and honor all those who have made a difference. We’ve created special savings to help inspire you all month long. Be sure to visit the Media Store for great deals on select movies, music and games from Feb. 1 to Feb. 28, 2022! And please make sure you regularly update your media catalogs in order to see the special prices.”

With media catalogs upgraded, those who went on to shop the “Black History Month Sale” were quickly confused by the artists found discounted:

Pink Floyd
Billy Idol
Brandi Carlisle
April Lavigne
Journey
Jeremy Zucker
Kacey Musgraves
Cody Johnson

Said one intimately familiar with the tricks that JPay uses to capitalize off different races, “I only found it odd they didn’t paint these artists in blackface.”

Last year, while promoting discount prices for Black icon biographies, the company marketed a movie among them that was based in the future — starring Idris Elba and alien-fighting robots.

ATTEMPTED SUICIDES AND SILVER CROSS AWARDS

Sgt. James Karasek and Ofc. Joshua Cutler of the Pocatello Women’s Correctional Center were awarded the Silver Cross for cutting down a resident attempting to hang herself with a noose made from a bed sheet. Despite the suicide tool that all facility staff carry running into some trouble while the two worked to save her, Cutler and Karasek were able to cut her down and keep her calm while waiting for the arrival of medical responders.

Cpl. James Scott and Ofc. Colten Sisler of the South Boise Women’s Correctional Center, too, were awarded the Silver Cross for interrupting a similar suicide attempt. Thanks to quick thinking and life-saving measures, the two, working together, prevented a potential catastrophe.

Per SBWCC’s Ashlee Summerfield, “IDOC’s Silver Cross is awarded to correctional professionals who display prompt or alert action resulting in a life being saved or the prevention of serious injury to others, and for demonstrating exceptional care for other individuals.”

Source: PWCC Deputy Warden Shawn Trevino, “Three PWCC Staff Honored with Silver Cross,” idaho.idoc.gov. SBWCC Warden’s Assistant Ashlee Summerfield, “Two SBWCC Staff Members Honored with Silver Cross,” idaho.idoc.gov.
..

COVID NEWS

Since the start of Covid, over 60,000 tests have been administered to IDOC residents housed in-state, with over 6,600 returning some form of positive. Six related deaths have also been reported. What the numbers don’t tell is that, for over a year, no testing has taken place for Idaho prisoners housed in Arizona and recent outbreaks in Idaho have cycled untested.

Residents who have not yet been immunized are encouraged by the Department to request Covid shots now.

After reporting last month to assist with daily operations, the Idaho National Guard continues to act as supporting staff in our facilities.

Booster shots are beginning to trickle through. But without fact sheets and information being passed out with the boosters, it appears that they’re being given without informed consent.

Those with Covid concerns are invited to forward their grievances to:

ACLU Idaho
PO Box 1897
Boise, ID 83701

View Covid numbers here.

RECOGNIZING IMSI STAFF WITH LONGEVITY AWARDS
by Deputy Warden Martinez

We at IMSI are extremely proud of these staff as their tenure demonstrates a commitment to IDOC and its vision. When staff work for IDOC for a long period of time, by nature they create relationships with their peers and the resident population. These relationships help foster a prosocial connection that can help create a safer environment for staff and the individuals under our care.

5 Years — Christian Pena
5 Years — Mary Akenbrandt
15 Years! — Doug Develbiss

[This story first appeared on the IDOC website.]

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.

This month, recovery coach Kimberly Crow joined Mark for discussion on Idaho’s use of Drug Court, the difference between 12-Step sponsors and recovery coaches, and the importance of sharing experiences with addiction, disease and the criminal justice system.

UPS store manager Cassie Thomas shared her trip through corrections, her transition back into the community and the role that assisted integration played in her story. Building a life and relationships out of incarceration is a process, she says, and grace in that process plays an integral part.

Freed after twenty years of being falsely convicted, Christopher Tapp spoke on the tumultuous journey that returned him to his community as as nationwide advocate. He is now using his experience to work with our nation’s lawmakers working with lawmakers and help pass laws that compensate those wrongly convicted.

Learn more about Mark’s advocacy projects @ svdpid.org and https://svdpid.org/advocacy-systemicchangeofid/.

RESIDENT AUDITING 101

Recently obtained emails between the Transparency Department and the dietary services manager confirm that female food service menus do indeed exist. More requests seeking to obtain them have been submitted.

In effort to identify which records the fact-seeking public has expressed interest in, and whether the responses the Department is providing are accurate, we queried a list of all records requests processed in the first two weeks of August ’21. Originally submitted in January, this records request continues to be delayed.

Centurion has begun responding to grievances related to excessive medical copays. Those who’ve submitted Health Service Requests in recent months are encouraged to review their accounts and follow up on discrepancies.

INMATE SERVICES AT WORK

Consumer Financial Protection Bureau
PO Box 27170
Washington, DC 20038

02-08-22

Dear Consumer Financial Protection Bureau,

I would like to file three complaints against the prison service provider JPay. Each have been presented to the company’s Customer Service department and failed to find a formal solution. They are as follows:

1) Over the holidays, JPay informed those of us in the Idaho Department of Correction’s custody that certain purchases would be awarded for a limited period of time. Among them, the purchase of electronic stamps that act as currency for JPay’s messaging service. The many who converted their inmate trust funds into JPay currency to take advantage of the upcoming offer were later informed an error was made: the award was meant to apply only to JPay consumers not currently incarcerated. As one of the many who converted their funds into JPay media credits, I requested from Customer Service that the advertisement be honored or my money refunded. I was denied of both. By not honoring the deal originally offered, and by not refunding the purchase that resulted from the offer, it is my position that JPay advertised in a way both deceptive and false. (Ref.: JPay Support Ticket #CCI-IMSI1342870.)

2) Known as “free replies,” prepaid replies are often purchased by our JPay messaging contacts. They arrive attached to their messages sent and provide the means to respond without incurring an expense. Following up on a complaint separate from that above, I was informed by Customer Service that a glitch in their system has been rendering prepaid replies void after 30 days. Not only are refunds or credits not being given, but JPay has yet to inform their consumers of this glitch, leaving them to believe that “free replies” never expire. (Ref.: JPay Support Ticket #CCI-IMSI339627.)

3) JPay provides a video service that connects prisoners to their contacts. While it can be useful, the fees for this service quickly add up and it comes with an incredible fail rate. Though JPay is aware of the technical issues within their system that frequently interrupt and disable this service, a practice has been made out of disregarding complaints lodged over service failures and ignoring requests from those who seek to be refunded. (Ref.: JPay Support Ticket #CCI-IMSI354637.)

Enclosed is a copy of our Idaho Department of Correction newsletter, which recently printed an article containing one of the support tickets referenced above.

Should I need to fill out any forms to proceed with my complaints, please see them sent to the address below.

Thank you,
Patrick Irving 82431

[Editor’s Note: Weeks after filing this complaint, my JPay account was mysteriously credited $15 and 10 e-stamps. Yet another reason to suggest that others should file also.]

SUGGESTION BOX

It would be good of management to take more time to read our grievances and review the supporting materials we often provide for reference. To dismiss all concerns so easily is setting a bad example.

Shout-out from Smokey to Rosemary in New South Wales! Get on that Gram and share the link, girl!

“Outer Space”
— Yelawolf

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

No Record of Charities, History of Donations: Who Is Secretly Benefitting from Correctional Confiscations?

[The following article appears without attachments in the March ’22 issue of First Amend This!]

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 of which were purchased in prison at extremely inflated costs. Mountains of gear, following confiscation, have allegedly found homes with unspecified charities. The total worth of which, after years of accumulation, can safely be estimated in the hundreds of thousands of dollars.

Oddly, no record of this charity has been kept by the Department, making it impossible to distinguish which organizations are recipients, the criteria by which they’re chosen and at what frequency they benefit.

It’s a matter recently discovered by way of public records request, when transactional proof could not be produced to show that resident donations reach a charitable cause. Unable to offer charities by name, the criteria by which they’re chosen and at least one receipt showing a transaction was made, a grievance was lodged to compel the Department to begin keeping some record of charitable of charitable donations. Several months later, all appeals exhausted, the Department’s refusal to keep records was final. To collect even a signature from charitable recipients would amount, in their words, to a monumental task.

IDOC clients are confident that they know better. By combining their experiences in businesses and education, they find it simple to surmise that either someone is being lazy or the charities they’ve been giving to aren’t charities at all. With the weight of the latter a heavy concern, they’re now calling for attention from the Department of Justice, investigative journalists and Idaho policy groups. Seeking to inspire either audit or injunction, they’d also like some say in who they give to moving forward.

Below are copies of the public records request, the grievance resulting, and a follow-up letter to the Deputy Chief of Prisons.

Notice To All Current and Future Inmates In IDOC Custody: Proposed Settlement and Fairness Hearing In Class Action Lawsuit for Hepatitis Treatment

(Delivered via JPay 2-18-22)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

PHILIP A. TURNEY, et al.,Plaintiffs,

vs.

HENRY ATENCIO, et al.,Defendants.

Case No. 1:18-CV-00001-BLW

This is a Court-ordered Notice directed to members of the Class affected by the lawsuit. The purpose of this Notice is to inform Class members of a proposed settlement in the lawsuit, including the right to provide any objection to the proposed settlement, and provide notice of the upcoming Fairness Hearing where the Court will be asked to approve the proposed settlement.

PLEASE READ THIS NOTICE CAREFULLY.

This lawsuit is filed against various officials of the Idaho Department of Correction (IDOC) and its contract medical provider, Corizon LLC (Corizon), together the Defendants, seeking relief regarding the treatment of Idaho inmates with chronic Hepatitis C Virus (HCV).

The lawsuit seeks injunctive relief, asking the Court to direct IDOC and Corizon to make changes to policies and practices regarding the treatment of Idaho inmates with chronic HCV.

This proposed Class Action settlement has nothing to do with monetary damages, and new prisoner claims for monetary damages related to HCV claims, if any, cannot be brought, heard or adjudicated in this lawsuit. Any prisoner who desires to assert a personal claim for monetary damages arising from HCV may and must do so outside of this case in a separate action.

This case has been certified as a class action, and the Class is defined as:

All current and future inmates in IDOC legal and/or physical custody who have not been diagnosed with HCV; all current and future inmates in IDOC legal and/or physical custody who have or will be diagnosed with HCV; and all individual Plaintiffs who have been treated with DAA Treatment.

If you meet this definition, you are automatically a Class member and do not need to take any further action. Since the lawsuit seeks only injunctive relief, you cannot opt out of the Class.

You are receiving this Notice because there is a proposed settlement on behalf of the entire Class and you now have the opportunity to object to the settlement if you desire.

The proposed settlement, in summary, provides:

Defendants will conduct Opt-Out antibody and viral load testing for all inmates that intake into an IDOC Reception and Diagnostic Unit (RDU) and provide all inmates at intake with a copy of the Hepatitis C – General Information form published by the Centers for Disease Control and Prevention.

All inmates without a prior documented positive HCV RNA viral load test through IDOC shall be offered an HCV antibody test and, if the HCV antibody test is positive, a reflexive HCV RNA viral load test on an Opt-Out Testing basis. If the RNA test is positive, the inmate will be enrolled in the HCV Chronic Care Clinic.

Inmates housed outside of an RDU without a prior documented positive HCV antibody test through IDOC will be tested within sixty (60) days upon written request submitted by the inmate on a Health Services Request form.

Inmates who are diagnosed with HCV will be enrolled in the Chronic Disease Program (CDP) or its equivalent. No inmate with chronic HCV will be deemed ineligible to receive DAA treatment based solely upon the inmates fibrosis score and/or priority level.

From fiscal years 2021 through 2025, IDOC will spend a total of $29.25 million dollars for the purpose of providing DAA treatment to eligible inmates and begin DAA treatment for a minimum of 575 eligible inmates.

This settlement does not guarantee any inmate will receive any particular type of treatment for any medical condition, including any infection with HCV.

If you would like to review a full copy of the proposed settlement agreement, please submit an Access to Courts Request form. Please do not call the Federal District Court regarding the settlement agreement or this case.

The Court will conduct a Fairness Hearing to determine whether the proposed settlement agreement will be approved. Because the proposal would bind class members, the court may approve it only on finding that it is fair, reasonable, and adequate after considering whether: (A) the class representative and class counsel have adequately represented the class; (B) the proposal was negotiated at arms length; (C) the relief provided for the class is adequate, taking into account:

(i) the costs, risks, and delay of trial and appeal, (ii) the effectiveness of any proposed method of distributing relief to the class, including the method of processing class-member claims, (iii) the terms of any proposed award of attorneys fees, including timing of payment, and (iv) any agreement required to be identified under Rule 23(e)(3); and

(D) the proposal treats class members equitably relative to each other. Fed. R. Civ. P. 23(e)(2). The Fairness Hearing has been scheduled for May 10, 2022 at 2:00 p.m. Following the hearing, the Court will decide whether or not to approve the settlement agreement.

Any Class member has a right to inform the Court that he/she objects to the proposed settlement. Class members may object to the proposed settlement by completing and submitting the Notice of Objection form by March 21, 2022 (the Objection Deadline) to the Court addressed below:

Clerk of the Court
United States District Court
Re: Turney v. IDOC, Case No. 1:18-cv-00001-BLW
550 W. Fort Street, No. 400
Boise, ID 83724

Each written objection must state (1) whether it applies only to the prisoner who is filing the objection or to a specific subset of the class, or to the entire class; and (2) details of the specific grounds for the objection. See: Fed. R. Civ. P. 23(e)(5). Each objection will be made part of the record.

The Notice of Objection form can be obtained by submitting an Access to Courts Request form. Objection forms must be mailed to the Court by the Objection Deadline. All Notice of Objection forms will be filed in the Courts public docket and automatically provided to each of the attorneys of record. Written objections will not be confidential.

Further, any Class member who desires to be heard at the Fairness Hearing must file a Request to Make a Statement [opposing/or in favor of] the Settlement Agreement which must contain the content of the statement the Class member desires to make at the hearing. The Court will consider all statements in its final decision but may limited the number of statements made at the hearing in its discretion, as a matter of judicial efficiency. All written statements will be made part of the record.

The proposed settlement was reached and approved by Defendants and by Class counsel.

The Court has appointed Reuben Cortes as Class representative to represent the Class.

New Complaints Filed Against JPay Prison Service Provider: Three Abusive Practices You Probably Ought to Know

It appears as though the $6,000,000 fine JPay recently received for consumer abuse wasn’t enough to inspire better treatment of their customers. Below are three complaints I filed which I suspect have affected many. If you feel you have been deceived or taken advantage of by JPay, please consider informing the Consumer Financial Protection Bureau. As JPay services are used by people across the world, one must not worry of their location if they wish to lodge a grievance.

Consumer Financial Protection Bureau
PO Box 27170
Washington, DC 20038

02-08-22

Dear Consumer Financial Protection Bureau,

I would like to file three complaints against the prison service provider JPay. Each have been presented to the company’s customer service department and failed to find a formal solution. They are as follows:

1) Over the holidays, JPay informed those of us in the Idaho Department of Correction’s custody that certain purchases would be awarded for a limited period of time. Among them, the purchase of electronic stamps that act as currency for JPay’s messaging service. The many who converted their inmate trust funds into JPay currency to take advantage of the upcoming offer were later informed an error was made: the award was meant to apply only to those JPay consumers not currently incarcerated. As one of the many who converted their funds into JPay media credits, I requested from Customer Service that the advertisement be honored or my money refunded. I was denied of both. By not honoring the deal originally offered, and by not refunding the purchase that resulted from the offer, it is my position that JPay advertised in a way both deceptive and false. (Ref.: JPay Support Ticket #CCI-IMSI1342870.)

2) Known as “free replies,” prepaid replies are often purchased by our JPay messaging contacts. They arrive attached to their messages sent and provide the means to respond without incurring an expense. Following up on a complaint separate from that above, I was informed by Customer Service that a glitch in their system has been rendering prepaid replies void after 30 days. Not only are refunds or credits not being given, but JPay has yet to inform their consumers of this glitch, leaving them to believe that “free replies” never expire. (Ref.: JPay Support Ticket #CCI-IMSI339627.)

3) JPay provides a video service that connects prisoners to their contacts. While it can be useful, the fees for this service quickly add up and it comes with an incredible fail rate. Though JPay is aware of the technical issues within their system that frequently interrupt and disable this service, a practice has been made out of disregarding complaints lodged over service failures and ignoring requests from those who seek to be refunded. (Ref.: JPay Support Ticket #CCI-IMSI354637.)

Enclosed is a copy of our Idaho Department of Correction newsletter, which recently printed an article containing one of the support tickets referenced above.

Should I need to fill out any forms to proceed with my complaints, please see them sent to the address below.

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

See also: