Updates

The Idaho Law Review Vol 57 issue 3 just showed up in our mailbox. Did you get yours yet?

Click “The Power of Prisontation” by Patrick Irving to read the article on the University of  Idaho College of Law website .

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.

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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!
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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.
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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.
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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”
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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.”
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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.
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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.
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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 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.
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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.
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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.
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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.
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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.]
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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/.
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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.
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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.]
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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.
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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

[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.

(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.

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

Welcome to the February 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 share their experience with Idaho’s justice system are asked to contact Erika Marshall with the Idaho Justice Project.
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EDITOR’S NOTE

It’s okay to acknowledge that Director Josh Tewalt has an impossible position. In essence, he has assumed guardianship of the redheaded stepchild the State of Idaho has allowed to shit in the house for decades. The dysfunction he’s inherited has been passed down for generations courtesy of voters, lawmakers and a number of admins. The outward ripples from his position can be felt by tens of thousands — and not just the families affected by justice, but also by those in our communities that need to feel safe. By many accounts, the man has made changes that will brighten many futures. He is compassionate, educated and possesses many of the leadership qualities I have missed reading about ever since Robertson first banned me from the library.

Do I agree with every move he makes as well as all of his policies? No. But we are both Americans and democracy allows it.

Do I give him an unusually hard time when certain problems present? Yes. Because while not every problem reported here is easy to fix, many of them are fixable with just a few minutes on the phone — and for those of us who present the same issues month after month, frustrations can build up in a ways that need vented. But that doesn’t mean I want people to hate the dude. It just means he’s the dude that once in a while I like to razz when certain shit’s not getting done and other shit just needs improved.

Let’s First Amend This!
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IDAHO WINS THE RACE TO INCARCERATE TRAUMATIZED WOMEN

Rachel Cohen with Boise State Public Radio News is reporting that Idaho incarcerated its women at a rate more than double the national average in 2020. This according to a Bureau of Justice Statistics report confirming the rate at which Idaho incarcerates women is highest of all of the United States.

Deputy Director Bree Derick acknowledges that females imprisoned in Idaho have higher rates of mental health and substance abuse issues, and are more prone to carrying childhood trauma than those in the general public.

Though Governor Little, in his most recent budget proposal, set aside $112 million for a new 848-bed women’s prison in Boise, only $2.5 million has been given to create the pre-prosecution diversion strategies recommended by Idaho’s Opioid Task Force and Behavioral Health Council.

According to IDOC, the $2.5 million will be used to help local governments establish pilot programs aimed at connecting citizens with substance use disorder or behavioral health concerns to community resources.

Source: Rachel Cohen, “Idaho has the highest female incarceration rate in the country,” Boise State Public Radio News. “Idaho Dept. of Correction JFAC Presentation,” 1-18-22.
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OUR FEMALE PRISONERS ARE UNDERFED. THE TRANSPARENCY DEPARTMENT SAYS OTHERWISE.

We first reported on it December, and then we asked IDOC’s Transparency Department to provide us with the savings the Department realizes by serving its female clients, in many cases, half the portions that they serve the men. Our public records request was returned with the statement that we are all fed the same.

The Transparency Department, informed that the information they were supplying was inaccurate, was once again asked by way of public records request to produce the food service menus the Department provides its residents. (Appearing as “MenuJpay.pdf” within the Handbook application of our JPay devices are eight separate menus whose titles begin with “IDOC Food Service Menu 7.0.”) These menus possess the serving-size details for each of the following diets: mainline, healthy choice, ovo-lacto and vegan — men and women, respectively.

Though the issue of disparate serving sizes may seem to some like a trivial matter, for the women receiving them it certainly is not. And if the Department cannot be trusted to return all public records requests with information that accurately reflects their operations, we feel our local press and prison advocates should know.
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GUMSHOE GROUP FUNDS INVESTIGATION INTO IDOC EXECUTION CONSPIRACY

“An investigation into the state’s most recent executions reveals the lengths to which prison officials have gone to withhold documents from the public that disclose their past practices for acquiring the deadly drugs, the associated taxpayer costs and the identity of their suppliers.” — Kevin Fixler

In collaboration with the Idaho Capital Sun, Kevin Fixler with the Idaho Statesman explosively exposes the most censored saga this publication has encountered in all of its coverage.

Covering a story that’s unfolded for almost a decade, Fixler follows up on an incredibly awkward effort to prevent the public release of info that was recently found to contain “the covert ways that prison leadership operated to conceal any information that could reveal their execution drug sources.” His reporting was supported by the Gumshoe Group Investigative Journalism Initiative in the form of a public records grant.

Thanks to their grant and the collaboration of press, last month multiple media outlets presented to the public the code of Omerta adopted within the ranks of our Department of Correction:

” ‘This document is for staff use only. Do not release it to offenders or the general public,’ reads the memo, which includes pointers to prison staff on how to avoid the financial detection that could help identify a source of the execution drugs.”

When attempting to direct a JPay contact to this story, this reporter received notice that his message censored. The censorship notice arrived with an awful accusation: by attempting to share the story I was an advocate for hatred.

“The Department of Correction seems to have very little respect for the law, and certainly almost no respect for democracy and public transparency.” — Ritchie Eppink, ACLU Idaho, Legal Director

It’s a story so explosive we dare not summarize it here, less concerned about our safety than the safety of your drawers.

“When a government responds to a problem by hiding the evidence, that should not give anybody confidence that they’ve addressed the problem. — Dunham, Death Penalty Information Center

Please take your time to visit the links provided and, once you’ve reassembled the fragments that are blown from your mind, remember to come back and read the rest of our humble newsletter!

“Cash buys, private flights, changing rules: How Idaho hides from execution oversight“, Kevin Fixler.
…

CENTURION HEALTH IS EXCESSIVELY CHARGING FOR COPAYS

Several who’ve sought the services of Centurion Health in recent months are reporting their trust accounts have been charged multiple times in error.

Upon coming aware of the issue, this reporter submitted several health service requests to see what charges they triggered to his inmate trust account. As those charges began to appear, one was quickly identified as a duplicate error while another was for an appointment that never took place.

In the time of Covid, IDOC clients are typically to be charged no more than two dollars by the prison health provider. The payment, which acts a copay, covers immediate treatment and follow-up care, to whatever extent the provider deems necessary.

Requests to be refunded for erroneous charges have not been enough to elicit a response. Along with several others, this reporter has been ignored while seeking some form of solution. In at least one case, a grievance was finally filed after an client’s trust account was charged as many as fourteen times without explanation.

With ACLU Idaho currently keeping an eye on all Covid concerns within our Corrections, it is recommended that those who’ve seen Medical any time since October review their trust accounts and follow up on questionable charges.

Upon exhausting all relevant grievances, copies should be made using facility paralegals before forwarding those grievances to the following address:

ACLU Idaho
PO Box 1897
Boise, ID 83701
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PASSING OUT PAROLE PACKETS: WHOSE F***ING JOB IS IT?!

Imagine being given approximately two hours to collect a comprehensive personal and family history and then present them both, along with other details of a still uncertain future, within the fields of a packet marked “THIS D***HEAD WANTS PAROLE!” You have zero access to the Internet, you can’t use the phone, and your electronic messaging service can take anywhere from hours up to a week. Should you fail to impress the intended recipients, you’ll be kept in prison for at least another year — possibly three, depending on their mood.

Per policy 607.26.01.014, pre-hearing interview packets are to be passed out four months prior to parole hearings. Yet, somehow in December, my neighbor was given only two hours to collect 16 pages of requisite information and present it as a plan that makes a case for his parole.

For months now we’ve watched parole packets arriving late. The issue was first brought to the attention of management in September. It’s unfortunate they’re comfortable with letting it continue.

If you know someone in Idaho nearing parole, we’ve transcribed the IDOC pre-hearing parole packet and made it available here.
…

All OF US GOT COVID, ONLY A FEW GOT TESTED

On January 2 my neighbors got sick, and it quickly spread throughout our whole unit. Coughing and cold sweats, fevers and sore throats, we were in agony and it was apparent. Within a few days a memo was issued, informing us all that Covid was present: masks would be required and some restrictions enforced, but only those who tested positive would be required to quarantine.

The person from my cohort who reported his symptoms immediately tested positive and found himself in quarantine.

His cellies and neighbors weren’t tested behind him. No one was asked to and no one complained. We were more concerned with having access to the dayroom than receiving the level of care our prisons’ medical service provides.

Of the staff that stayed to work, some were symptomatic and made the best they could out of an unusually bad situation. (Kudos to IMSI A-Unit staff for making sure our needs were met in extremely respectable fashion.) After last year’s employee exodus, management’s options were undoubtedly dismal. Forcing all our facility’s workers to quarantine after exposure would have left our facility without any workers.

Unfortunately, for residents housed in Ad-Seg, where, for up to years at a time, one can hardly enjoy any time away from their cell, catching Covid from staff who came to work sick left little in the way of work ethic to be admired.

Back on my unit, two lucky souls, as sick as the rest, were seen rolling their property one morning to be transferred to better facilities. I couldn’t help but wonder how they would be greeted and how long it would take to get everyone sick.

I also wonder how many of us were waiting for booster shots when Covid came through. I asked for my booster with a flu shot back in November and, as this issue goes to print, have yet to receive either.

To be fair, I find myself wondering whether it would’ve even mattered. It was impossible to discern the statuses now issued with Covid among the makeup of my unit and cohort. The only one among us who wasn’t writhing around in agony was boasting of the fact that he’d already caught it twice. Even then, he wasn’t asymptomatic. In fact, the asymptomatic percentages widely presented conflicts with the data now kept in our notes.

As for our restricted housing units — used to isolate residents for extended periods of time — with “preventative measures,” they should’ve been practically impenetrable. Perhaps the protection words alone offer equal null.

Or perhaps it was a matter of decision that was forced upon the guard. Some might understand how one could consciously decide to open up the gates for a formal frontal assault, get the worst of it over and go on with their lives.

Out with the cloud of Covid, in the cloud of confusion…

Authors note: Nothing above is a recommendation or basis from which to argue — it’s just what I experienced.
…

COVID NEWS

Everyone is getting sick, not everyone is being tested, some people have died, the numbers can’t be trusted.

Visiting for the South Boise Complex isn’t looking good.

The Idaho National Guard has been brought in to assist with daily operations.

Though the Department is encouraging booster shots, the majority who’ve requested them have yet to receive them.

View the numbers as reported here.
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SEWAGE LAGOONS SET TO BE MODERNIZED

It’s said the doo-doo ponds that make our prison landscape will soon be losing their natural charm.

While $10 million dollars has been allotted to afford them a modern-day makeover, it’s best to taper expectations for that splash of decorations we’ve been waiting on for years of putrid pinkeyes, stink and tears.

On February 15, all residents are asked to place tea lights in their windows and pray to their Higher Powers that $10 million is enough to offer protection from the breeze and the remnants wafting in it.

Source: “Idaho Dept. of Correction JFAC Presentation,” 1-18-22.
…

JOURNEYMEN WANTED AT $3 AN HOUR

IDOC is on the lookout for journeymen-level licensed electricians and tradesmen apprentices with a minimum of one year experience working in a commercial or industrial settings. An upcoming project will pay $3.00 per hour plus free food and lodging to qualified applicants. The project is anticipated to last four to eight weeks and a $250 bonus will be offered to selected applicants upon final inspection. After completion, those selected are welcome to remain employed with the Southern Idaho Correctional Institute Maintenance Department at the prevailing wage of $2.00 or pursue other employment opportunities with SICI Vocational Work Projects. To include:

• • • Heavy Equipment Operators
    • Welders / fabricators
    • Concrete workers
    • Plumbers
    • HVAC technicians
    • Electricians
    • Automotive technicians
    • Farming and wastewater

Please send applications and/or concern forms to SICI Maintenance.
…

A MESSAGE FROM THE INSIDE-OUT ORGANIZING WORKING GROUP

More than 70 national organizations have launched the #EndTheException campaign to pass the Abolition Amendment. Already backed by 32 members of congress, the amendment simply reads: “Neither slavery nor involuntary servitude may be imposed as punishment for a crime.”

Though the Thirteenth Amendment is celebrated for abolishing slavery and involuntary servitude, it includes an exception clause that allows both to continue as punishment for a crime. During Reconstruction, the exception perpetuated criminalization, incarceration and re-enslavement. 150 years later, incarcerated and detained people across our country are forced to work for little-to-no pay under the threat of additional punitive measures, such as the loss of family visits and solitary confinement.

Not only does this affect our incarcerated population, but it also hurts the wages set within our local communities.

Those interested in joining the #EndTheException campaign are asked to contact Maddy at:

Inside-Out Organizing
1915 Fulton Street, Unit 563
Brooklyn, NY 11233
…

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 Mark welcomed David Lund from Reentry Idaho, a service arm of Bar None that operates in District 1. David discussed some of the unique challenges faces by the formerly incarcerated in northern Idaho and the services now being offered by his organization. Those interested in reentry services are encouraged to contact him. Bar None 208-900-9075, reentryidaho.org/referral.

Once a reporter for the Idaho Press Tribune, Tommy Simmons is now working with the Center of Fiscal Policy. From there he’ll be educating the public on the costs and effects of incarceration in Idaho. All are invited to follow his work at idahofiscal.org and Twitter @IdahoFiscal.

Longtime organizer and advocate Ronald Simpson-Bey with Just Leadership USA is bringing to Idaho his leadership development training. With two separate formats emerging from his leadership program, there is now talk his of his training being offered in select IDOC facilities. His work can be found on Youtube and by search.
…

PROPOSED FOR NEXT YEAR’S BUDGET

Governor Little has released his executive budget recommendations and Director Josh Tewalt has submitted a financial overview to Idaho’s Joint Finance-Appropriations Committee (JFAC). Here are some of the highlights:

$339,338,300 has been requested for next year’s operating budget. This represents an 8.3% increase over the current correctional budget.

$10.7 million will be used to pay off the bond for the CAPP building. This will transition the property and facility to state ownership. The facility will continue to be operated by Management Training Corporation.

$7.3 million will be used to annualize the most recent change in pay rates for correctional security while addressing compression in Probation and Parole.

$3.2 million will be used to upgrade institutional radios to a digital ultra-high frequency system.

$1.6 million will be used add 20 new specialists for Probation (amp) Parole and Reentry Services throughout Idaho.

$1.4 million will be used to support the “Reducing Violent Crime” and “Innovations in Supervision” grants.

$1.3 million will be used to add 12 new positions to help support increased vocational work opportunities and expand correctional labor programs.

$500,000 will be used to develop and implement trauma interventions for correctional staff and residents. This program will be one of the first of its kind to pilot interventions to address the underlying trauma for people working and living in correctional facilities.

$67,000 will be used to bring our educators’ pay up to par with their counterparts in public schools.

As part of the Division of Public Works budget, $150 million will be used to build a new 848-bed female facility and add a 280-bed housing unit to ISCI and remodel Unit 7 at ISCI.

Also from Public Works is $12 million that will be used build a new Community Reentry Center in Pocatello.

Sources: Josh Tewalt, “IDOC Budget Details (email),” 1.11.22. Josh Tewalt, “Idaho Department of Correction JFAC Presentation,” 1.18.22.
…

RESIDENT AUDITING 101

In regards to the inmate donations they’ve collected for years, the Department is still refusing to provide any proof that their clients’ charitable contributions are actually going to charities. With an estimated hundreds of thousands of dollars worth of prisoner property at stake, the Idaho Center for Fiscal Property and the Department of Justice are soon to be notified.

As already mentioned, the Transparency Department has been observed returning inaccurate information to a public records request made for food service data. They have been notified and asked to try again.

It has been found that IMSI Educator Mr. Robertson’s indefinite library suspensions are a product of his own creativity and not supported by any policy. A grievance addressing the issue is now nearing exhaustion.
…

INMATE SERVICES AT WORK

1-31-22

Dear Deputy Chief of Prisons Amanda Gentry,

CC: Janeena White

After three months of patiently waiting for your response to Grievance #IM 210000467, I find myself upset that the concern I presented was not the one addressed. I was simply seeking some form of proof to show our “charitable donations” are going to actual charities.

Throughout the month of December this department touted the cash donations they collected from their inmates to feed families in the community and provide them with a Christmas experience. Were no records kept of these moneys as well?

It should matter little that our year-round donations are made in the form of inmate property. The money coming from our pockets is many times that of anything done around Christmas time. Nearly every time we sign a confiscation/property disposition form, we’re told we’re giving to charities. Certainly you can understand how we would like some proof?

With all due respect, I feel this was an incredibly easy issue to attend to. Because I am extremely disappointed with how it has been handled, along with my previous public records requests and a copy of this communique, I will be forwarding this grievance to the Department of Justice, Civil Rights Division, as well as the Idaho Center for Fiscal Policy. These items will accompany my request that an inquiry be made into how this Department chooses its charities and the reason why signatures of receipt aren’t kept from those that are actively benefitting.

In friendship and incarceration,
Patrick Irving
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SUGGESTION BOX

It is once again worth suggesting that all take the time to read and share Kevin Fixler’s article “Cash buys, private flights, changing rules: How Idaho hides from execution oversight.”
…

My cellie deserves a shout-out this month, for enduring an excessive amount of awkward exposure to the emotions and intensity I filter through for weeks, all in an effort to articulate a somewhat presentable offering.

And shout-out from my cellie to his madre in West Covina. Is that all you get for putting up with him for 27 years?!

That’s it for me. See you next month.

“Break My Baby”
— Kaleo

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

For over three years I have diligently documented the experience of living imprisoned in one of America’s most incarcerating states.

Along with my prison journals, articles, collages and creative writing, video of me presenting at the 2021 Idaho Law Review Symposium, over video and in shackles, after more than a year into ad-seg, is available online at bookofirving82431.com.

I am interested in networking with the families and friends of others incarcerated, as well as those who wish to explore the impact of my country’s current carceral state.

I would appreciate my work being shared with journalists, educators, coalitions, prison projects, and anyone who has, either directly or by extension, been affected by matters relating to justice.

It is my intention to further evolve my makeshift prison project and make the most of my time by paving respectable pathways.

Thank you for your interest.

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

After spending two years in what the Idaho Department of Correction refers to as “administrative segregation,” I can personally vouch for the horrible, life-changing, long-term effects that accompany excessive confinement and isolation.

In 2018, the Department made a promise with a policy that, to this day, it has never implemented: To allow all clients held in Restricted Housing Units time out of their cells for three hours a day.

For the last two years that policy has been hidden by IDOC’s Transparency Department and substituted with other documents when requested through public records. [Grievances 15 &  20 ]

I was also denied access to library self-help materials during my last six months spent in the black hole where IDOC hides their most problematic inmates.

Our department heads know as well as anyone that these practices are incredibly dangerous. Still, they continue to release their most problematic clients, after compounding their defects with long-term isolation, into Idaho communities without supervision.

Please take the time to familiarize yourself with the efforts of Solitary Watch, a watchdog organization out of Washington, DC, that advocates to eliminate the practice of subjecting the incarcerated to long-term isolation.

View my article, “Among the Blood of Last Year’s June” published by solitarywatch.org.

It’s imperative that we all work to shine what light we can on the mental, physical and spiritual torment experienced by those who are “kept in the back”.

Another incredibly informative article detailing court battles and concerns–and possibly uncovering a full-on conspiracy!–with the Idaho Department of Correction’s procurement of execution drugs appears to be making the Department uncomfortable. So uncomfortable, in fact, that the article’s title alone is grounds for immediate mail and messaging censorship, as found out today by our First Amend This! editor, the ever intrepid Patrick Irving Esq., who is unavailable for breeding but maturing like fine wine.

The following message, sent 1-18-22 over JPay, was ominously censored with no explanation:

Want to see something crazy?

“Cash buys, private flights, changing rules: How Idaho hides from execution oversight“

–Kevin Fixler, Idaho Statesman

And then try a search for “Is Director Josh Tewalt the Angel of Death?”

😀

This isn’t the first time transparency battles have been forbidden from discussion by the Powers That Be. For years we’ve taken issue with the censorship, misinformation and other creative means used by the Department to coverup misconduct.

Learn more by viewing “Exhausted Grievances In Summary (for legal and investigative purpose)” and our First Amend This! archives.

We also encourage you to shine YOUR light on THEIR lack of transparency by sharing relevant articles and personal stories wherever and whenever you can.

This has been a First Amend This! “F*** You.”

Come get some, Censorship!

UPDATE

1-26-22

Almost a week later, in response to an Inmate Concern Form questioning the Department’s reason for engaging in censorship, I finally received notice back from Investigations. It is their position that the contents of the message sent on 1-18-22 “advocates hatred” and “encourages violence.”

A grievance has been submitted. It reads as follows:

The problem is: A JPay message referring my contact to two published local news stories was censored for “advocating hatred” and “encouraging violence.” Both articles did neither. They presented legitimate concerns with IDOC transparency, specifically regarding their methods of execution. I wrote one of the articles myself and had no problem sending it out over JPay, because it encouraged a higher level of accountability, not hatred or violence.

I suggest the following solution for this problem: Release the email or make a case in detail as to how accountability seekers are advocates of hate. I will be happy to publish this grievance with all related articles as an exercise in courtesy and example of civil discourse.
—

I look forward to sharing the discussion that follows, but at the same time remain disappointed that the only way I am able to engage in civil discourse is by forcing my captors to play using forms.

The following memo was distributed to IMSI residents today, following infections among facility food service workers and staff. I credit IMSI leadership with distributing this memo as many residents showing symptoms have been hesitant to present them or communicate them to their families, for fear of initiating a quarantine and ruining phone, shower and dayroom access for everyone.

IDAHO MAXIMUM SECURITY INSTITUTION MEMORANDUM

Date: 1/5/2022
To: IMSI’s Resident Population
From: IMSI Leadership
RE: COVID at IMSI

COVID has found its way to our staff and resident population here at IMSI. Please stay diligent in washing your hands, wearing a mask over your nose and mouth, and social distancing.

Effective immediately, all tiers with residents quarantined due to possible COVID exposure will still have scheduled dayroom and recreation times under the following conditions (residents who have tested positive for COVID will not be included in dayroom and rec times):

• • • Residents will be required to wear an N95 mask upon exiting their cell.
    •  Residents will be required to wear an N95 mask over their nose and mouth for the entirety of their out-of-cell time.
    • Cleaning supplies will be available and residents will be required to disinfect all areas they use.
    • Residents will not be allowed to visit at the cell doors of other walks. they will be required to stay at least 6 feet away. Unit staff will determine if a resident is too close to cell doors.

Any violation of these guidelines will result in the resident being immediately returned to their cell. Your cooperation is greatly appreciated. Our goal is to keep dayrooms and rec opened and operating, if possible.

There is a likelihood that IMSI will experience dark days if we do not have the staff to safely run the units and the required ancillary posts. Staff who are exposed to COVID or test positive for COVID are required to quarantine. It is our goal to keep dark days as few as possible.

Thanks for your help and cooperation!