Updates

Previous: First Amend This!: An IDOC Newsletter, Mar. 2021

WELCOME to the April edition of First Amend This!

Brought to you by The Captive Perspective and made available at bookofirving82431.com. This publication provides an insider’s look at issues affecting the Idaho Department of Correction community.

If you wish to assist this effort, share the link, cut and paste, or print and send a copy to another.
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GET INVOLVED

IDOC will be holding monthly Townhall With Leadership meetings all through 2021. Submit your questions to brightideas@idoc.idaho.gov using the subject line “Q’s for leadership,” and be sure to attend the meetings to keep the conversation going.

Offender friends and families interested in networking concerns are encouraged to join the Idaho Inmate Family Support Group (IIFSG) on Facebook or contact them at idahoinmate@gmail.com.
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EDITOR’S NOTE

On December 07, 2019, I presented a letter to the IDOC Office of Professional Standards, in which I voiced concerns of employee misconduct and how staff facing accusations from IDOC residents are allowed, per policy, to investigate themselves.

That letter appeared in our very first issue (Dec. ’19).

It has yet to be answered.

Much more recently, following my participation at the U of I Video Law Symposium–where I spoke of being obstructed from protected communications, and being retaliated against for presenting group concerns–limits were immediately re-imposed on my communications with legislators, legal professionals, media and advocates.

Because grievances have long been exhausted addressing the above issues, and because of the obvious nature in which these issues are recurring, I suspect that the Department may have just extended the statute of limitations on the First Amendment violations that were the raison d’être for this newsletter.

Which incites me to apprise my new audience of scholarly professionals: If at any time you find yourself able, you’ll be more than welcome to take up the case.

Let’s First Amend This!

[Ref. Exhausted Grievances In Summary (For Legal and Investigative Purpose), Grievances 1, 2, 3, 4, 5, 8, 10, 11, 12, 13]
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IDOC RESIDENTS SPEAK AT U of I VIDEO LAW SYMPOSIUM

On March 24 residents Chris Shanahan and Patrick Irving shared correctional experience and insight at the U of I Video Law Symposium with an audience of justice professionals, legal scholars and advocates.

The two presented over Zoom from their respective facilities– Shanahan from Southern Idaho Correctional Institution, Irving from Idaho Maximum Security Institution (Administrative Segregation Unit).

Both residents were chosen for writing submissions soon to appear in the Idaho Law Review.

The event holds significance as an Idaho first.

View the video of the two speaking here.

MORE ON THE ARIZONA CONTRACT

For those currently under the care of CoreCivic, we’d like to introduce you to their Quality Assurance.

QA is a division of CoreCivic that reports directly to the company’s Office of General Counsel. The reason, roughly stated: to operate independently (from the Operations Division ) and eliminate conflicts of interest that arise during audits. Headquartered in Brentwood, TN, the QA Division is referred to internally as the Facility Support Center (FSC).

QA is responsible for the following:

1) Identifying noncompliance in contractual obligations, including deficiencies in health, safety and security.

2) Assuring that operations and programs comply with contracts and performance standards, policies, procedures, laws and regulations.

3) Identifying fraud, waste, abuse, mismanagement and criminal acts–for reporting and prevention.

4) Assuring that financial and administrative controls are in place.

Don Murray, Ph.D. is the Vice President of Quality Assurance. He oversees all of CoreCivic’s Quality Assurance Policies. Therefore we recommend that families contact him directly when experiencing issues their DOC contract monitors show little-to-no interest in addressing.

CoreCivic
5501 Virginia Way, Ste. 110
Brentwood, TN 37027
615-263-3000
corecivic.com

If you’re unable to reach Dr. Murray for assistance, try Corecivic’s Brian Ferrel @ brian.ferrell@corecivic.com, or State of Idaho’s Jason R. Urquhart (CPPO, CPPB) @ Jason.urquhart@admin.Idaho.gov. Because Brian and Jason were responsible for negotiating the contract, one can hope they’ll have an interest in seeing it upheld.
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ANOTHER NEGLIGENCE SUIT FOR CORIZON HEALTH

An ISCI resident has filed a claim of medical negligence against Corizon Health Services for failing to conduct medical tests and treat chronic pain. The suit alleges a misdiagnosis and takes issue with psychiatric meds being prescribed for pain–a common complaint among IDOC residents.

It hasn’t yet been a year since IDOC successfully moved to terminate the Balla class-action lawsuit, brought in 1984 over inhumane treatment and conditions at ISCI. While Balla was active, residents had access to court-ordered health services monitors, but with Balla’s termination they are no longer accessible. Which makes it much harder for those in need to receive adequate treatment: because there’s a lot less pressure for Corizon to behave.

Corizon currently provides services for 180,000 incarcerated patients in 17 states, and was recently sold to the Flacks Groups, which specializes in purchasing poorly functioning companies and making improvements to upgrade their financial performance. As reported in last December’s issue, Corizon has faced 660 malpractice lawsuits in the last five years alone.

According to Matt Clarke of Prison Legal News, “Corizon’s business plan [seems to be] write off the fines and court awards as business expenses but spend nothing to correct the problems.”

Among prior suits brought against Corizon in Idaho: untreated infections that led to amputation.

It will be interesting to watch how Corizon handles COVID long-hauler care, considering how the virus coursed through our prisons like a no-limit smorgasbord.

[Sources: Erin Sheridan, Idaho Inmate Alleges Negligence by Corizon Health, Idahopress.com. Matt Clarke, “Investment Firm Buys Corizon,” Prison Legal News, Nov. ’20.]
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PUBLIC RECORDS REQUESTS

A request for all Board of Correction Meeting Minutes from Feb. ’20 to Feb ’21 was submitted to Interim Records Chief Cindy Lee on February 27, along with a voucher to cover expenses (#56626). As of 3-31-21, the request has yet to be answered.

On March 15 a request for documents pertaining to the Vera Institute’s involvement with IDOC was submitted to the Records Custodian, along with Voucher 163211. This request also has yet to be answered.

According to the Disclosure of Idaho Department of Correction Records Under the Idaho Public Records Act:

The [public records] custodian can respond to the request by 1) fulfilling the request in full, 2) denying the request in full, or 3) denying the request in part. A denial is based upon the exemptions provided by statute or Board rule.

Upon receipt of a written request, a response must be made within three working days. If a response cannot be completed within three working days, an extension notice must be completed.

The extension notice must be sent to the requestor within the original three working days, to fill the request.
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MORE STIMULUS PROBLEMS

As discussed in March, millions of folks still waiting for their 2020 stimulus checks were asked to file for the Rebate Recovery Credit on 2021’s return.

This reporter, having filed as requested, encountered the same complications now being experienced by others: An IRS notice was delivered to his last-known, 2014 address, and he was given 30 days to confirm his identity or else his return would not being processed.

The letter instructs its recipient to call 800-830-5084 between the hours of 7:00 a.m. to 7:00 PM and verify their identity using its contents, along with copies of multiple tax returns and the documents needed to support those returns.

Those unable to verify their identity over the phone are required to schedule an in-person appointment at their local IRS office.

The letter suggests that one can file a Form 2848 (Power of Attorney and Declaration of Representative) if they have contacts available to offer an assist.

It is unfortunate that many will not receive the notice, and of those that do, many will have neither the assistance of an acting representative nor the documents requested to verify their identity.

It is also unfortunate that many DOCs (mine included) are not informing their facility residents that the government may have already requested they follow up on their checks.

HELPFUL INFORMATION

For those unable to proceed with Form 2848 in the timeframe offered, we recommend contacting the Taxpayer Adocate Service (TAS).

The TAS, an independent organization within the IRS, is there for those who’ve been unable to resolve problems with the IRS, or those who believe an IRS system, process, or procedure isn’t working as it should. TAS assistance is free, and they will do everything possible to help you. Go to www.taxpayeradvocate.irs.gov or call 877-777-4778.

Tax professionals independent from the IRS may also be able to offer assistance.

Low Income Tax Payer Clinics (LITSs) can represent low-income persons before the IRS or in court. LITCs can also help persons who speak English as a second language. Any services provided by an LITC must be free or [provided] for a small fee. To find an LITC near you:

— Go to www.taxpayeradvocate.irs.gov/litcmap;
— Download IRS Publication 4134, Low Income Taxpayer Clinic List, available at www.irs.gov/forms-pubs; or
— Call the IRS toll-free at 800-829-3676 and ask for a copy of Publication 4134.

State bar associations, societies of accountants or enrolled agents, or other nonprofit tax professional organizations may also be able to provide referrals.

Click here for more questions, answers, and forms to assist.
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COVID NEWS

Over 28,800 tests have been administered to IDOC residents in three states. More than 4,350 have identified positive and a total of six deaths have been reported as COVID-related.

Governor Little has expanded the current eligibility for the COVID vaccine to include all IDOC residents currently housed in Idaho. Approximately 600 have received their first shot and IDOC is working to obtain enough vaccine to provide immunization to any resident who wants it.

Because IDOC is unable to forecast which vaccine(s) will be delivered, they’ve provided residents with fact sheets for Moderna’s, Janssen’s, and Pfizer-BioNtech’s.

www.modernatx.com/covid19vaccine-eua
www.janssencovid19vaccine.com
www.cvdvaccine.com

Regrettably, we’re not informed of the progress Saguaro Correctional Center has made. If you have questions regarding those housed in Arizona, we recommend that you contact the IIFSG.

ACLU Idaho and the law firm Shearman & Sterling are in it for the long-haul. They will remain in close contact with IDOC while monitoring all issues related COVID. Those with concerns are invited to forward their COVID experiences to:

ACLU Idaho
PO Box 1987
Boise, ID 83701

When asked about returning to the pre-Covid rec schedule, Lt. Gibney stated that the Department will remain under cohort regulations until otherwise instructed by the state epidemiologist.

View IDOC’s COVID numbers here.
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WE REGRET TO INFORM YOU

Last month, while visiting family in Utah, NICI Deputy Warden Brad Lutz passed away unexpectedly following a medical emergency.

Warden Lutz’s career in public service started with the Idaho Department of Health and Welfare, where he worked for three years before moving to Corrections in 1999. In addition to serving as NICI’s deputy warden, Brad also acted as the program manager.

He is survived by his wife and four children.

We join the Department in expressing their deepest sympathy for Warden Lutz’s family, as well as in asking that thoughts and prayers of strength and comfort find their way to those suffering from Brad’s untimely loss.
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A LOOK AT IDOC’S AD-SEG REFORM (BY WAY OF GRIEVANCE)

Location: IMSI
Grievance Number: IM 210000080
Category: Conditions of Confinement
Offender: Irving 82431
Date received: 02/19/21

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

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

FAT LEVEL 1 — INITIAL RESPONSE by Lt. Justin Gibney

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

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

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

LEVEL 2 REVIEWING AUTHORITY RESPONSE by Captain Klinton Hust

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

OFFENDER APPEAL

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

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

LEVEL 3 APPELLATE AUTHORITY RESPONSE by Warden Tyrell Davis (3-12-2021)

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

With over 100 episodes available for streaming, Mark Renick hosts Victory Over Sin on KBXL 94.1FM, Saturdays at 12:30 pm.

This month we were introduced to Deputy Director Bree Derrick, who offered some background on her education in psychology and holistic counseling, and touted the current administration’s commitment to exploring new approaches.

Local author Teresa Nickell, who wrote the “The Girl In My Wallet,” appeared on the show and opened up a bit with some of her history. From incarceration, through healing, to success as a business professional, Teresa’s story is one you can look forward to reading.

Michael Perry from St. Vincent de Paul’s Southwest Idaho advocacy arm stopped in to discuss his involvement in rolling out reentry services to Canyon County. Mike is available as a recovery coach/advisor–not a mentor or sponsor but a friend in transition. He will be opening an office in Region 3 this month, inside Canyon County St. Vincent de Paul’s thrift store. Region 3 residents are invited to stop by.

Speaking of new offices, those released from the Kuna desert are encouraged to stop by Mark and friends’ new office at 3217 W. Overland Rd. in Boise, M-F between 9-12 in the morning, and get set up with vouchers and information to help with their transition.

Those in the desert needing a lift can ask their case managers to call Renick’s team ahead their release date, so that they can pick you up and help you find their office.

Learn more about Renick and his efforts @ imsihopecommunityphaseii.com.
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CPOF HELPS ICIO OFFICER WHOSE HOUSE WAS DAMAGED BY FIRE
by ICIO Lt. Greg Heun

Recently ICIO Officer Julia Senior receive a $500 check from the Correctional Peace Officers Foundation (CPO) to help repair fire damages to their home. The money came from the CPO Catastrophic Assistance Program for those in the correctional profession and their families in time of emergency, crisis, or other dire need.

This past New Year’s Eve, the Seniors’ motorhome, parked next door to their home, caught on fire. The radiant heat caused severe damage to the side of their house. The Seniors were thankful their neighbors and the fire department responded quickly to the emergency and were able to help them save their home, but, unfortunately, their motorhome was a total loss. The money will go towards repairing the fire damage to their home.

Special thanks to Sergeant Kristi Parker from NICI and Corporal Lacy McClintock from ICIO. Both are IDOC representatives for the CPO foundation and submitted to the Foundation for the needed relief. The CPO Mission Statement reads: The purpose of the [CPO] is to operate and maintain a general fund for the perpetuation of the memory of those Correctional Peace Officers killed in the line of duty; to provide for their spouses, children or other beneficiaries; and to promote and project a positive image of the Corrections profession, both internally and to the general public. As one can see by their help to the Seniors, they go well beyond this in helping correctional staff in need.

I have been a member of the CPO for over 20 years and do a simple payroll deduction every month. As a member you receive a quarterly CPO magazine covering the work CPO is doing across the nation–especially for families of fallen corrections staff.

I encourage all correctional officers to contact their facility’s CPO representatives today!
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FAT! BOOK DRIVE/REVIEW

For the last few months we’ve been promoting our book drive. Our goal this time? Persuading institutions of higher education to try and write off their outdated course materials as donations that help to improve their local prison libraries.

That said, we’ll welcome contributions from anyone, so long as they are sent from a retailer or publisher in accordance with IDOC’s mail policy.

To contribute to IMSI’s library, ship to:

Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707

This month’s review was made possible by our friend Diamond Guitar-Judd with the IIFSG.

The New Jim Crow: Mass Incarceration in the Age of Colorblindness
by Michelle Alexander

“Because mass incarceration is officially colorblind, it seems inconceivable that the system could function much like a racial caste system.” Which is why Alexander’s profoundly engaging, well-researched presentation is so incredibly important for understanding how it does.

From a justice system that disproportionately processes a very specific demographic, to the tactically implemented barriers preventing reintegration and reentry, Alexander offers more than just history but a course of in-betweens, and helps to evolve the reader’s understanding of how heinous systematic undertakings require tacit participation in ways that aren’t always understood.

Alexander successfully presented without emotional calls, which allowed this reader to easily digest her correlations and logic.

Following this review, this book was donated to the IMSI library, where we believe it will make a fine edition.
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A RESPONSE TO INMATE SERVICES

[The 1-26-21 Inmate Services request appeared in our February Issue]

3-15-21

Mr. Irving,

I received your letter on 3-14-2021 regarding your “quest to uncover programs and resources” and I apologize that it has become somewhat of a frustrating process. I am not sure exactly what you are looking for but it seems like some pre-release programming and resources that might be available after your release.

Information regarding resources from the One Stop Reentry Center will need to be provided by the staff at the facility. As far as pre-release programs, those are facilitated by facility case managers and instructors. It looks like from the last part of your letter you are requesting information for becoming a Shaman for the Cult of Sexual Anarchy but I do not know to what you are referring. Perhaps you could discuss this with the VRC, Rob Wright for a bit more clarification.

Jeff Kirkman,
Program Manager
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SUGGESTION BOX

Prior to spraying the next group of offenders for “refusing to return to their cells,” it is suggested that you first check to see if their cell doors are open. This might help eliminate any confusion over whether they’re defending themselves or trying to attack you.

This publication does not encourage violence.
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Thank you for your audience. See you next month!

“Sure Shot”
— Beastie Boys

Next: First Amend This!: An IDOC Newsletter, May 2021

Greetings, sir! And wishes of health. I hope yours have fared through the year with minimal sorrow.

While attempting to be sensitive to all the unknown, I’d like to brief you on the newest results:

In a natural progression, the project that in part resulted from our correspondence has been finding nooks and crannies from great distances away. There’s not been a flood of activity, but all is high-value. I’ve been incorporated into the efforts of our National Lawyers Guild and our American Civil Liberties Union, and have started my own monthly publication, “First Amend This!: An IDOC Newsletter,” of which I am editor and main contributor, as a means to unpack reliable information upon legislators, advocates, attorneys and admins that respond to my signalling.

I’ve essentialy been working in solitary confinement for the last 16 months, and today I’m speaking in my shackles for 30 minutes to a nationwide audience (number unknown) of judges, lawyers, scholars and administrators @ the University of Idaho Video Law Symposium.

If you’re able to provide any more recommendations for materials that I can adapt to my efforts–anything, really–it would be greatly appreciated.

Best wishes, Karl. And thank you for helping me understand evolving gradients!

With reverence,
Patrick S. Irving
IMSI
PO Box 51
Boise, ID 83707
bookofirving82431.com

UPDATE 2-14-22

It may be the case that the “How To” handouts offered to large populations of prisoners filing tax returns in 2021 didn’t take into account the fact that many had yet to receive the 2020 EIP. For months I assumed I was waiting for the IRS to confirm my identity, but upon finally reaching a representative at the number listed on the 4883c letter, I learned that my identity was confirmed but I made a technical error: By marking 2021’s Line 30 with a zero, I was not indicating the payments I had received; I was indicating the total amount of 2020 EIPs that I was owed. I believe many others filled theirs out the same. Upon contacting the IRS I was asked to file an amended return for 2021, and list in Line 30 the amount of 2020’s EIP I am owed. I’ll update again as soon as I have new info.

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[The following transcription came courtesy of Critical Resistance.]

This fact sheet contains legal information and not legal or tax advice. Laws and policies change. Please seek advice on your specific situation. This sheet is adapted from Root & Rebound Reentry Advocates in San Francisco. We are not tax experts.

IMPORTANT: If You Did Not Receive Economic Impact Payments (Stimulus Payments), you should act by May 17, 2021.

What are Economic Impact Payments (EIP)?

EIP are money from the government aimed at helping people and the economy due to COVID-19. They are also called “stimulus checks” or “stimulus payments.” There have been two sets of payments so far: EIP1 in 2020 and EIP2 in 2021.

What is the Recovery Rebate Credit (RRC)?

The RRC is a credit you can request on a 2020 1040 tax form to get the money you qualified for but did not receive for EIP1 and EIP2.

Who is eligible for the Recover Rebate Credit (RRC)?

You are eligible to get the RRC if you satisfy all of the following requirements:

–You were a U.S. Citizen or Legal Permanent Resident in 2020, and
–You have a valid Social Security Number, and
–You are not claimed as a dependent on another person’s 2020 tax return, and
–The IRS did not already send you the full amount you are entitled for both Economic Impact Payments

***Incarcerated people can qualify for RRC and you do not need a job or earnings above a certain amount.

Note: If part or all of your payment was taken by [your Department of Corrections] or the IRS because of restitution or outstanding child support, you cannot ask for that money back with the RRC.

How do I get the Recovery Rebate Credit?

If you qualify, you must file a 2020 tax form to the IRS and request a RRC on line 30 of the form. Your mail must be postmarked by May 17, 2021 unless you get an extension. This is the process even if you would not otherwise need to file taxes. A sample form and instructions from the IRS is [attached]. This sample applies only to people with an income in 2020 below $12,400 and who are filing the form individually. If your income was higher or you are filing jointly with a spouse, you will need to follow the general IRS instructions or get help from a tax professional. You possibly could get help from a Volunteer Income Tax Assistance program (1-800-906-9887).

If I am eligible, how much money do I get?

The RRC is for the amount of money you should have received for EIP1 plus EIP2 (but now based on your 2020 income), minus any payment you did receive (EIP1 + EIP2 – payments received). A worksheet from the IRS for figuring out the amount you should get is [attached]. Individual Filers: If you had an income under $75,000, EIP1 is for $1,200, plus $500 per qualifying child. EIP2 is for $600, plus $600 per qualifying child. If your income was higher, you may qualify for EIP1 and EIP2, but for less money. Joint Filers: If you had a joint income under $150,000, EIP1 is for $2,400, plus $500 per qualifying child. EIP2 is for $1,200, plus $600 per qualifying child. If your income was higher, you may still qualify for EIP1 and EIP2, but for less money. (Note: Your payments also will be lower if your spouse does not have a Social Security Number, unless one of you served in the Armed Forces in 2020.)

I was eligible for the EIP1, but the IRS did not send me the payment. What can I do?

The IRS did not process all of the claims they received in 2020, even those sent on time. Although it is unfair, according to the IRS, you will need to file a 2020 tax form and request the RRC on line 30 of the form to get the payment(s) you are eligible for that they did not already send you. Please see “How do I get Recovery Rebate Credit?” above.

The IRS sent a debit card for my EIP2, which correctional officers will not give to me. How can I get my money?

The IRS made this mistake for many people. Even so, it is requiring people in this situation to file a 2020 1040 tax form and request the RRC to get the EIP2. Please see “How do I get these payments?” above.

I received EIP1, but after that I moved. I did not receive EIP2. What can I do?

According to the IRS, you should not file a change of address form because the IRS will not send a new check due to a change of address. Instead, you can get the second payment by filing a 2020 1040 tax form and requesting the RRC–if EIP2, sent to the wrong address, was returned to the IRS. Please see “How do I get the Recovery Rebate Credit?” above. If the IRS sent to the wrong address but it was not returned, you can file a Payment Trace (Form 3911) with the IRS, in addition to the 2020 1040 tax form requesting the RRC. A Payment Trace is meant to lead the IRS to investigate what happened to payments not returned to the IRS.

Some or all of my Economic Impact Payment(s) were collected to pay child support, restitution, or other debts. Was that right?

For EIP1, the IRS was allowed to take out child support, and jails and prisons were allowed to take out restitution or other debts. EIP2 generally should not have had child support, restitution, or other debts taken out. It is not yet certain whether debts can be taken out of the RRC.

I received a letter from the IRS asking me to verify my identity. What should I do?

The IRS sent a letter to some people, stating that they must verify their identity to get stimulus payments by calling a phone number and providing detailed information, both of which often cannot be done from jails or prisons. As of now, there is sadly no clear solution. If you cannot make the call, you could try to prove your identity by mail with a letter:

— explaining why you cannot verify your identity over the phone, and

— asking the IRS to accept the enclosed information or contact your institution to verify your identity, and enclosing copies of everything that helps support you are who you say you are, such as (if possible):

*all forms of ID, including a letter from a correctional officer certifying/confirming your identity; the 2019 EIP1 from you sent the IRS and a copy of an old tax return; previous addresses the IRS may have had for you. Also, loved ones on the outside could try asking a low income tax clinic for help (1-877-777-4778).

I am incarcerated and I received a notice from the IRS saying that the payment was sent to me, but I never received it. What can I do?

If the prison returned it to the IRS, then you can send the IRS a 2020 1040 tax form requesting the RRC. Please see “How do I get these payments?” above. If you believe your jail/prison has your money, you can file a request (if in CDCR, a form 22) or go through the grievance process (if in CDCR, a form 602). Attach a copy of any proof you have. You can also file a Payment Trace (Form 3911) with the IRS to investigate what happened to payments not returned to the IRS. To meet the May 17, 2021 deadline, you can file the 2020 1040 form before a payment trace is complete.

I received a letter from the IRS saying my second stimulus payment was taken to pay for 2007 taxes. Was that right?

According to the IRS, if you received a letter saying that your second stimulus payment was collected (“offset”) to pay for 2007 taxes, it was a mistake. The money was not collected for 2007 taxes. If eligible, to get your payment, file a 2020 1040 tax form and request the RRC. Please see “How do I get these payments?” above.

Can my loved one file the tax return for me?

The IRS generally has not given permission for loved ones on the outside to file a tax return for an incarcerated person. Contact the IRS or a tax professional for information specific to you and for questions about power of attorney.

We are sure that you and your friends will have questions. If you can, ask a loved one to contact the IRS at 1-800-919-9835 (general information about RRC) or 1-800-829-1040 (taxpayer help line). Critical Resistance cannot advise you on how to fill out tax forms or check the status of your RRC.

Please help others: If you are allowed, please post this information and share extra forms, so as many people as possible can get the EIP they are entitled to.

Remember, we are not tax experts, and have limited capacity to respond to inquiries. Thank you!

If you do reply, address:
c/o Stimulus Check
Critical Resistance
1904 Franklin St., Ste. 504
Oakland, CA 94612

Critical Resistance does not have members that are tax experts. We have mobilized to send these forms and instructions to prisoners because we believe that prisoners deserve to have their material needs met, and most principally, deserve freedom. We wish you luck in getting your EIP!

[The following was added to this post 3-29-21]

Example form 1040: Form 1040 example

IRS letter requesting identity verification (transcribed below): IRS Identiity verification letter

Dear Taxpayer,

We received an income tax return, Form 1040, for the tax year above using your name an Social Security Number (SSN) or individual taxpayer identification number (ITIN). To protect you from possible identity theft, we need to verify your identity before we process the income tax return, issue a refund or credit any overpayments to your account.

WHAT YOU NEED TO DO IMMEDIATELY

Call us at 800-830-5084 between the hours of 7:00 a.m. to 7:00 p.m., local time within 30 days of this letter. If you filed an income tax return, have the documents listed below. When you call, we’ll ask questions to verify your identity.

To expedite the process when you call, you MUST have all of the following:

— This letter
— The income tax return for the year shown above (Form 1040, 1040A, 1040-EZ, 1040-PR, 1040-NR, 1040-SR, etc.).
— A prior year income tax return.
— Any supporting documents for each year’s income tax return, (Forms W-2 or 1099, Schedules C and F, etc.) that you filed with your income tax return.

If we can’t verify your identity over the phone, we will ask you to schedule an appointment at your local IRS office to verify in person.

IF you choose to authorize someone to represent you before the IRS, complete form 2848, Power of Attorney and Declaration of Representative. We encourage you to be available with your representative on the call. If you choose to have someone else assist you on the call, you must call us together and you must participate on the call. For more information about Form 2848, visit our website at www.irs.gov/forms-pubs or call 800-829-1040.

After you’ve successfully verified your identity it may take up to 9 weeks to receive your refund. If there are other issues, you may receive a notice requesting additional information, which will extend the dat by which you’ll receive your refund or receive a credit of any overpayment to your account.

WHERE YOU CAN GO FOR ADDITIONAL INFORMATION

Visit www.irs.gov/individuals/understanding-your-letter-4883c-or-6330c for more information about this letter.

Visit www.irs.gov/identity-theft-central for more information about identity theft

The Taxpayer Adocate Service (TAS) is an independent organization within the IRS that helps taxpayers and protects taxpayers’ rights. TAS can offer you help if your tax problem is causing financial difficulty, you’ve tied but been unable to resolve your problem with the IRS, or you believe an IRS system, process, or procedure isn’t working as it should. If you qualify for TAS assistance, which is always free, TAS will do everything possible to help you. To learn more, visit www.taxpayeradvocate.irs.gov or call 877-777-4778.

Tax professionals who are independent from the IRS may be able to help you.

Low Income Tax Payer Clinics (LITSs) can represent low-income persons before the IRS or in court. LITCs can also help persons who speak English as a second language. Any services provided by an LITC must be free or [provided] for a small fee. To find an LITC near you:

— Go to www.taxpayeradvocate.irs.gov/litcmap;
— Download IRS Publication 4134, Low Income Taxpayer Clinic List, available at www.irs.gov/forms-pubs; or
— Call the IRS toll-free at 800-829-3676 and ask for a copy of Publication 4134.

State bar associations, state or or local societies of accountants or enrolled agents, or other nonprofit tax professional organizations may also be able to provide referrals.

UPDATE

8-4-21

After filing the Central Authorization Form (CAF) to give a family member the power to represent me, my representative was instucted over the phone, per the IRS internal policy for Taxpayer protection program basis authentication procedures 25.25.6.3, to have me write a written request to complete the identify verification and include the following:

A copy of the 4883C letter
Name
Date of Birth
SSN
Inmate ID (and location, presumably)

Send to:
Internal Revenue Service
3651 IH35
Stop 6579AUSC
Austin, TX 73301

Though this information conflicts with the instructions given in the 4883C letter I was sent to verify my identity, I suspect it wouldn’t hurt to take this step in addition to those recommended in the 4883C letter.

I suppose I’m more of a writer than I am a symposium speaker..

[Post symposium update – the session video can be viewed here]

Incarcerating The Masses: A Critical Examination of America’s Prison Problem.
Presented by by the Idaho Law Review

Discussions are free to attend, begin Tuesday Mar. 23 and continue through Mar. 25.

Patrick is scheduled to speak during the Wednesday 3PM MDT discussion “Perspectives from the Inside: A Conversation with Idaho’s Incarcerated Persons.”

Attendance is encouraged!

View details and sign up to participate here.

Previous: First Amend This!: An IDOC Newsletter, Feb. 2021

WELCOME to the March issue of First Amend This!

Brought to you by The Captive Perspective and made available at bookofirving82431.com. This publication provides an insider’s look at issues affecting the Idaho Department of Correction community.

If you wish to assist this effort, share the link, cut and paste, or print and send a copy to another.
…

GET INVOLVED

IDOC will be holding monthly Townhall With Leadership meetings all through 2021. Submit your questions to brightideas@idoc.idaho.gov using the subject line “Qs for leadership,” and be sure to attend the meetings to keep the conversation going.

Offender friends and families interested in networking concerns are encouraged to join the Idaho Inmate Family Support Group (IIFSG) on Facebook, or contact them at idahoinmate@gmail.com.
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EDITOR’S NOTE

In case you missed it last month, we’ve started another book drive. Our goal this time? Persuading institutions of higher education to try and write off their outdated course materials as donations to prison libraries.

That said, contributions from anyone are welcome, so long as they are sent from a retailer or publisher in accordance with IDOC’s mail policy.

Ship to:

Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707

This month’s contributions were gifts from FAT! friends and family. They are as follows:

• Ethics For Public Communication: Defining Moments in History by Clifford G. Christians, Mark Fackler, John P. Ferré
• An Introduction to Information Theory: Symbols, Signals and Noise by John R. Pierce
• Langman’s Medical Embryology Textbook 10th Edition by T.W. Sadler
• The Blue Book of Grammar and Punctuation by Jane Straus
• Pity The Reader: On Writing With Style by Kurt Vonnegut and Suzanne McConnell
• On Writing: A Memoir of the Craft by Stephen King
• Stardust by Neil Gaiman
• Frequent Flyer by Kinky Freidman
• Bad Days In History by Michael Farquhar
• Adjustment Day by Chuck Palahniuk

Thanks everyone! We appreciate the thoughtfulness.

Let’s First Amend This!
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AN UPDATE ON THE CORECIVIC CONTRACT

Last month we submitted a public records request for the contract IDOC signed with CoreCivic prior to transferring residents to a private facility Eloy, Arizona. Initially we aimed to post the contract for reference, the same way IDOC did with the GEO contract in 2018, but when our request was returned with over 500 pages, we decided to offer it here instead, over time and in pieces. The idea is to highlight the important bits first, and then collect feedback and concerns to direct our focus as needed.

We find this necessary because the 2018 contract required of GEO very specific policies–the same ones stipulated in the new arrangement with CoreCivic–but GEO failed to comply and were held to no account. That is, until the Texas Commission of Jail Standards took interest, following a presentation titled Violations Of Texas Minimum Jail Standards, which was compiled and presented from Idaho Max.

Unfortunately for those housed in Arizona, Arizona is without a similar commission to offer independent oversight. Meaning they’ll be relying on IDOC monitors who visit temporarily and have a history of ignoring noncompliance issues.

Which is why we’re asking that questions and issues presented from Arizona be communicated to the Idaho Inmate Family Support Group as well as the Department. Working together, we can audit Saguaro Correctional Center’s daily operations and, when they get there, Florence Correctional Center’s too.

Of specific interest to us this month:

1) If the disciplinary process abides by IDOC Policy 318.02.01.001
2) If the grievance process abides by IDOC Policy 316.02.01.001
3) If restricted housing abides by IDOC policy 319.02.01.001
4) If GED materials and testing have been made available
5) If there are work opportunities
6) To what extent programming is available
5) How much rec is offered daily

Your keeping in touch is appreciated.
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ANOTHER STAFF-INVOLVED INCIDENT AT IMSI

Violence erupted in A-Unit in late January. The incident, which involved approximately ten inmates and an unknown number of staff, took place after a group of residents, upset by recurring cancellations of rec and limited time spent out of their cells, attempted to protest by not celling up and, “without warning” were subject to spray.

Last August an article titled “Assaults On Staff Appear To Be Increasing” was censored several times on its way to publication. The question it asked was, “Why the sudden trend?”

Admins of the Idaho Inmate Family Support Group reported after the January incident that they weren’t informed of events taking place.

This publication does not encourage violence.
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FOR THOSE STILL WAITING ON THEIR 2020 STIMULUS PAYMENTS

Millions of others are too. Chances are you need to file again.

According to IRS.gov: “If you’re eligible for the credit, and either we didn’t issue you any Economic Impact Payments or we issued less than the full amounts, you must file a 2020 tax return to claim the Recovery Rebate Credit even if you are not required to file a tax return for 2020.”

Late last year, after the courts ruled them eligible, the incarcerated were allowed to file a simplified 1040 to apply for 2019’s Earned Income Payment. This year, when filing a complete return, they’ll want to pay special attention to the instructions for Line 30: Recovery Rebate Credit to receive whatever amount is missing from their payment(s).

Filing can be done online or by mail, and facility paralegals will provide the 2020 forms.

[Sources: Alice De Nisco Rayome, CNET.com-personal-finance/stimulus-check-tax-credit-heres-how-to-get-your-missing-payment-on-your-2020-refund. IRS, Tax Year 2020 1040 and 1040-SR Instructions, pg. 59.]
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PELL GRANTS RETURN FOR THE INCARCERATED

It was the Crime Bill of 1994, backed by then-Senator Joe Biden and President Bill Clinton, that did away with higher education funding for the incarcerated. And it was the Pandemic Relief Bill of December 2020 that saw Pell Grants for the incarcerated return.

The benefits are sure to be noticed at state and federal levels, as those who enroll in higher education programs while in prison are 43% less like to recidivate within three years of being released, according to a study done by the RAND Corporation. While they attribute the statistic to better employment opportunities and higher working wages, offering the brain exercises for critical thinking is likely also a contributing factor.

Director Tewalt has announced that IDOC will be working with local institutions to offer degree-granting programs throughout Department facilities.

[Source: Editorial Board, “Felons Are Again Eligible for Pell Grants. It’s About Time,” washingtonpost.com ]
…

IDAHO SUPREME COURT RULES ON PRISONER EMPLOYMENT

This just in–

Despite Idaho Code §20-209 stating the Board of Correction “shall provide for the care, maintenance and employment of all prisoners,” the Idaho Supreme Court ruled in August that pro se plaintiff Dan Goodrick has no rights to paid or unpaid employment.

According to February’s issue of Prison Legal News, the court noted that, while §20-209 makes providing prisoners with employment mandatory, it doesn’t define “employment.”

And then they went on to deliberate like this:

§20-242A . . . 72 Idaho Code . . . “prisoners are not employees” . . . they are just conducting “labor prescribed by the Board” . . . because of I.C. §20-101: forced labor and slavery . . . Correctional Industries Act I.C Sections 20-242A and 20-408 . . . the Board is merely authorized to make employment in the program available . . . “§20-209 did not create a right of paid or unpaid employment for prisoners or establish employer-employee relationship between the Board and any prisoner” . . . yada, yada yada . . . No dice.

We salute Mr. Goodrick for his efforts.

[Source: Matt Clarke, “Idaho Supreme Court Holds Prisoners Have No Right to Paid or Unpaid Employment,” Prison Legal News, Feb. 2021.]
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WRONGFUL CONVICTION ACT LIKELY TO PASS

Following the Senate Judiciary and Rules Committee’s recommendation to pass the Wrongful Conviction Act, the Senate voted in favor, and weeks later, the house.

The bill aims to provide compensation for the wrongly convicted, some of whom appeared in front of legislature to offer their testimony.

Last year’s version of the bill was vetoed by Governor Brad Little, despite only one member of legislature voting against it. Senator Doug Ricks of Rexburg, the bill’s sponsor, is confident this year’s version is one that Little will approved.

If this year’s bill is approved by Governor Little, claimants stand to be awarded $62,000 for each year of wrongful incarceration–$75,000 if they were on Death Row–and an additional $25,000 for each year of parole.

[Sources: Sally Krutzig, “Wrongful Incarceration Act Passes Senate,” postregister.com. KIVI Channel 2 News.]
…

SENATOR C. SCOTT GROW ATTEMPTS TO SOIL MARIJUANA DECRIMINALIZATION FOREVER

Senator C. Scott Grow of Eagle, in an attempt to preempt compassion for medicinal marijuana, introduced a bill to ban psychoactive substances forever, citing an interest in preserving the moral integrity of a state surrounded by cannabis-advanced economies and medicinal treatments.

Reports that he’s a faith-healer have yet to be confirmed.

Senator Grow welcomes your feedback.
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FAIR EMPLOYMENT ACT PRESENTED AGAIN

House Representative Lauren Necochea is again pushing the Ban The Box bill. Reintroduced this year as the Fair Employment Act, the bill aims to prevent employers from requesting applicants disclose felony convictions prior to an interview. The goal is to prevent interviews from being denied to qualified candidates who have been branded by a felony conviction in their past.

Among those opposed to the bill last year, Senator C. Scott Grow, who argued that giving felons a second chance could bring harm to small business.
…

LIEUTENANT NICODEMUS WINS NATIONAL AWARD
By Cpt. Dagoberto Martinez

The Veterans of Foreign Wars has selected ISCC Lieutenant Tyler Nicodemus to receive this year’s prestigious Police Officer Award.

Every year the award goes to an individual belonging to a municipal county, state, or federal unit tasked with enforcing law as it pertains to their area of responsibility in emergency services, law enforcement or firefighting.

Congratulations Lieutenant Nicodemus, on your hard-earned recognition.
…

COVID NEWS

Over 24,500 tests have been administered to IDOC residents in three states. More than 4,200 have identified positive and a total of six deaths have been reported as COVID-related.

Idaho’s incarcerated population has yet to be listed with priority for incoming vaccinations. With jury trials scheduled to resume March 1, attorneys, physicians and judges all agree that without the incarcerated receiving vaccinations, community health and safety will be jeopardized by due process.

Erin Sheridan of the Idaho Press nicely summarized criminal justice advocates’ concern with packing courtrooms full of the unvaccinated: “…the criminal justice system has a primary obligation to ensure that a system intended to rectify wrongdoing does not place the lives of those in its custody further at risk.”

ACLU Idaho and the law firm Shearman & Sterling remain in close contact with IDOC while monitoring all forms of COVID-related issues. Those with concerns are invited to participate in the dialogue by forwarding their COVID experiences to:

ACLU Idaho
PO Box 1987
Boise, ID 83701

IDOC has yet report any more testing for those housed at Saguaro Correctional Center.

Following an IMSI inmate worker showing positive in February, a full worker unit was quarantined and the entire facility tested.

View IDOC’s COVID numbers here.

[Sources: Erin Sheridan, “Advocates Call for Vaccinating Inmates to Stem COVID-19 Spread,” Idahopress.com. IDOC COVID Tracker.]
…

RENICK ON THE RADIO

With over 100 episodes available for streaming, Mark Renick hosts Victory Over Sin, on KBXL 94.1FM, Saturdays at 12:30 pm.

At the end of January Mr. Renick hosted Robyn W. Vander Waal, the director for the National Association for Rational Sex Offense Laws (NARSOL).

In February he welcomed Dr. Julie Compton, an executive leadership coach and author of the book “Rise To The Top.”

Also in February, Idaho’s 19th District House Representative and Assistant Minority Leader Lauren Necochea, who recently appeared at The Reentry Conference, and presented to legislature this year’s Fair Employment Act.

Learn more about Renick and his efforts @ Systemic Change Of Idaho and imsihopecommunityphaseii.com.
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SICI CELEBRATES THE RETIREMENT OF INSTRUCTOR MARY ELLEN NOURSE
by Administrative Assistant Leeann Cochems

Mary Ellen Nourse received love and praise for her over twenty years of correctional instruction.

She started out at CCA and, ten years ago, brought her talents to IDOC.

Dedication is the word that comes to mind when it came to teaching her students. She pushed herself and others to succeed. She implemented Job Service SICI and worked tirelessly, invested in her students’ success. She has a quick wit and brightens the room with her colorful outfits and positive attitude. Her happiness and laugh are infectious. She has an amazing life force and was the life of the party when it came to the SICI morale task force.

Mary Ellen has a long list of things to do now that she is retired. She plans on spending time with her husband, continuing teaching as a volunteer and playing the accordion and organ at church. As a long-distance runner, she also plans to improve her standing long jump and shotput distance.

I’m sure she will think of a few more things to do before she gets her first retirement check.

Congratulations Mary Ellen Nourse, you will be missed by all!
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ICIO’S DRUG DOG RETIRES AFTER SEVEN YEARS OF SERVICE
by Lt. Greg Heun

Tucker, a lab/pit mix drug drug, started his duties with the Department in July of 2016, after being trained by Sergeant Jerry Walbey of the Garden City Police Department.

When Tucker came to ICIO, he was put under the supervision of Officer Cheryl Davis. For over four years Tucker and her went everywhere together. Those who visited ICIO when Cheryl was working Central Control were probably greeted by Tucker at the ICIO entrance drawer.

Upon Tucker’s retirement, formal adoption procedures were taken, and he continues to live with his ICIO master, Officer Cheryl Davis, but spends much less time in Central Control. One thing that caused his retirement was his hips becoming weak. A drug dog does lots of jumping, getting their noses close to potential high-positioned hiding places, which causes a lot of strain on the hips.

My first meeting with Tucker was at a North Region CNT meeting. Tucker entered the room and went straight to my right-side coat pocket, where I had a piece of deer sausage in a baggie. He returned to that pocket many times at later meetings.

Back in 2016, when Tucker was new at his job, he drew controversy when he discovered and old stuffed rabbit in the ICIO training room and tore it apart. I took a picture of him acting very guilty, with the rabbit scattered in pieces behind him, and labeled the pic “Bad Dog! No Biscuit.” Many staff disagreed with my assessment and commended Tucker for ridding the training room of the ugly stuffed toy.

May Tucker enjoy his retirement.
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A BOOK REVIEW

This month we absorbed Emotional Intelligence 2.0, written by Travis Bearberry and Jean Greaves. An almost pocket-sized guide containing 66 methods for dealing with emotions creatively while understanding the path they travel towards reason.

“Emotional intelligence” is a term the authors use to describe one’s overall ability to employ strategies for self-awarenes, self-management, social awareness and relationship management. One can expect 255 pages of wisdom, inspiration and practical advice that will help hone the skills needed to benefit relationships throughout life, both personal and business.

The following passcode, good for one person, can be used by the first person to visit the Emotional Intelligence Appraisal® at talentsmart.com/test: EQ4AXV3NDX

Thank you Diamond and the IIFSG, for allowing us to donate this book to the IMSI library.
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INMATE SERVICES AT WORK

“JPAY Trouble Ticket 2-24-21”

Re: Your efforts to capitalize on Black History Month.

In a message you sent the beginning of last month, you promised our DOC 25 movies of cultural significance, centered around historical events and individuals renowned, to be available for entire the month of February, all at the compassionate price of $3.99.

Your offer, on the surface, was a classy display of proprietorship. But when our population visited the category “Black History Month,” the titles available numbered just six. Of those six, I Am Ali, Race, The Blind Side, and From The Rough were offered at the price of $3.99. Pacific Rim and Pacific Rim: Uprising, however, which are both movies that focus on the tribulations associated with piloting gigantic robot fighters during an alien apocalypse set somewhere in the future, were priced above the others at $6.99.

While I certainly admire Idris Elba as an actor, and I’m sure he will be of historical significance in the future as a highly accomplished alien fighter who used his robot war machine piloting skills to save our favorite planet, I can’t help but feel offensively targeted by your political ambitions, and the way you’ve propagandized your stance on immigration reform.

Please walk me through your intent to instill within me radical thinking, the reason you’ve charged us $3 more, and the desecration you’ve planned for our Cinco de Mayo.

Regards,
Patrick Irving
Inmate Services
bookofirving82431.com
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SUGGESTION BOX

The John Hopkins Center for Public Health Preparedness has developed a Coursera curriculum for psychological first aid, and made it available for free online. Because such courses help to sustain or enhance the psychological resilience required to weather the daily toll of activity restrictions people have experienced since the arrival of COVID, I suggest the same course could be of use in prisons, where trauma and activity restrictions have always run rampant.
…

That’ll do it for the month. Stay safe, everybody!

“Stranger”
–The Devil Makes Three

Next: First Amend This!: An IDOC Newsletter, Apr. 2021