Updates

Dear Karl J. Friston 3-24-21

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

Missing Stimulus Payments For the Incarcerated? Questions and Answers

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.

[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.

Invitation to U of Idaho Video Law Symposium

[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.

Tanner O’Malley

Not much can be said for ol’ Tanner O’Malley. Aside from the fact that he wore a nice coat. Long and grey, with seven buttons up the middle. Sensible pockets that fastened and zipped. Even one on the inside, the kind to hide a map, with a pouch inside of that, to hide a treasure’s key. The collar was built to accentuate the cheekbones, its angles mysterious like Atlantis magicians. Opposite that collar, a custom-split tail. For a wider range of mobility than one would ever need.

I know it as the coat that brought Tanner his wife, whose charm and whose beauty was the prolix talk of fairytales.

She spotted it one day while he was out for a walk, through the window of a rental across the street from her church.

Every morning through that window, in a steaming soak of suds, she’d watch the sunrise as it climbed up the steeple and bombarded with blessings her most bona fide parts. Though that window had a curtain, it was seldom that she pulled it, and the window she left open for the steam to roll outside. She liked to stand their for moment and inhale the fresh air while clearing fog from the panes of both the window and her dreams.

And through those very panes is how Tanner first appeared, collecting litter from the church’s rainy-day flooded grounds, singing hymns like an angel taking care of the world.

In any other coat he would have caught the pneumonia, and accepted her sympathy along with her tea. But, “Oh no, ” said Tanner, rolling up his fancy pants to wade through a puddle for an empty plastic bag. “You’d be hard-pressed to catch a cold with this quality.” Then he went on at length about its waterproofed layers and how tornadoes were no match for its windbreaking shell.

Awfully impressed and halfway in love, with Tanner’s next words, she knew she’d found the One. “How about I walk you home and let you try it on?”

Two months later– A lavishly magical wedding. At the church where they met, with families flown in, the preparations alone would have cost a king his crown. They’d even trained doves to bear both their rings and coast in from the sun as it set down the steeple.

The picture-perfect proceeding went according to plan until Tanner discovered he was absent one detail. His bride had assumed that marriage meant equal, and the coat from vows-on would belong to them both. So it was unbeknownst to Tanner that a wardrobe exchange had been planned with I-Do’s, and it was much to his surprise that she had really strong hands.

“Easy, pumpersnickle. What’s with all the tugging? I know the fabric’s wrinkle-free, but you’re acting like a savage.”

This marked the only time his bride was seen pouting. “Tanner O’Malley, you wore it down the aisle, I want to wear it back!”

Pain flooded Tanner in the form of realization: They hadn’t yet taken one unionized step and she’d already regressed into a Stone Age barbarian.

“But baby,” he said, “I need it for the pictures–to accentuate my cheekbones. Now take your hands off before I punch you in the face.”

They stood there a moment, their fresh marriage frozen, dead on the alter, the bible still warm–and then up came the knee, garter-belting his manlies, with just enough fuss to make the audience erupt.

Shaking their fists, they egged them both on.

Tanner, doubled-over, rolled up his jacket’s cuffs–which were perfect in circumference, an afterthought from Italy–and sank a mouthful of teeth into a stocking thigh-high.

This merited from the crowd the most thunderous applause, and the fury that followed was not regulation.

She cupped his ears, he gouged her eyes, and they brawled from the alter their way back up the aisle with His and Hers spectators standing on chairs–they were fast-pitching rice like enemy combatants–the confetti cannon was emptied and reloaded with silverware…

Never before had a post-nuptial war publicly garnered such toxic attention. Friends were calling friends. Families called extendeds. The minister called the cops–who called for all to freeze.

When freeze they finally did, almost everything went silent. Save for the sound of two lover doves, singing to the tune of Happily Married.

The butterflies heard it and danced in on their song. Then, almost as if they knew what was needed, they landed gently on the rings of now husband-and-wife.

Ooh’s and ah’s from the crowd laid a blanket for the newlyweds, who were again finding each other for the very first time.

They remembered together how they met and fell in love:

Her glance through the window at a trash-picking angel–his servicing the church, singing songs in the rain–the offer of tea, returned with a coat–its luxurious pockets, for a treasure map and key . . .

With his heart sailing off on the swells in eyes, Tanner popped up his collar like an agent of romance, swooped his bride off her feet the way good husband does, and took her to China with a Tiananmen Suplex the way you’d expect from a Communist red.

The bride and the crowd were both caught by surprise, for the unsportsmanlike move was long banned as “too deadly.”

But Tanner O’Malley was lost beyond rage–and this wasn’t the time to be playing by rules. No. This was the time for Old Testament fire and brimstone: This was the time for the Olfactory Slipknot. And that’s what he gave her, as a gentleman would…

It was noon the next day before the melee had stopped, the church no longer standing–one big, smoking hole.

And not a trace could be found of the beautiful proceeding, the people who attended, or much of the town.

Just a few loveable creatures that came in from the woodlands, possessed as new vessels by yester-raised demons–tasked with obtaining the fabric that danced away with the breeze after parting the bloody mist of a matrimonial séance without brandishing so much as a blemish or stain.

“Hard Headed Woman”
— Elvis Presley

Licentious Intentions: A Shipwreck (the dirty mick) Series, No. 7

“Tell Me Mary”
–Tomorrows Bad Seeds

Purchasing two hundred portals to manifest cannabis is what I’d consider a natural progression.

. . . Because the cannabis market I’ve always excelled in is now slowly but surely legally budding; because the search algorithm that’s captured my interest is ripe for a conquering midway through transition; and because I’m a bad-ass tactician with elephantiasis of the ballsack and an insatiable yearning to cash-in on my piety . . .

Fondling my computer with no witnesses present, I skip with the schmooze and get straight to the breeding: “What do you say, baby? You wanna make a hybrid?”

<Proceed to Checkout?>

Click.

<Please confirm your purchase.>

Click.

<Congratulations! You now own the following domains…>

Consider the venture a form of guerilla-grow: I’ve staked parcels of land to plant industry resources, up-to-date articles, price guides and reviews. All of which fertilize landings, nurture page rankings, and provide fecund soil to sprout fiscal opportunities. Opportunities I’ll mature to help me branch my way through networks and identify those needing to be clipped, cured or cloned.

Among the URLs I’ve harvested are the industry’s golden arches: I bought 420-everything, including all the states.

Also I discovered, in Trademark Registration, a club for cannabis enthusiasts is seeking protection in the US of A. Because I’ve always been a fan, and their application is still “pending,” I secured their national .coms and priced the package at fifty grand. I also acquired the links that I suspect they’ll need to franchise, if ever they decide to, one in each state. Those have been marked at twelve hundred per, a steal that makes me feel like we’re already friends.

All-in-all, for ten bones a play, I’m of the mind to think I did good.

A thought that’s quickly leveraged by an email from the registrar–and now I have mixed feelings.

<You forgot to use coupons!>
…

“Maaaan–” Saint Bizzy is processing my newest endeavor behind the venue he likes to play on our off-weeks at home. “I don’t really understand it, but it definitely sounds like some shit that Shippy would get into.”

Also partaking in our alleyway session, a talented duo, in from out of town.

Stax is laughing at Bizzy and fixing the blunt, burning uneven and making Case antsy. Case keeps pointing at the run, trying to assist, and catching Stax’s flack for the work he’s done already. “This is why Case isn’t allowed to roll. Don’t even let him try. He can’t roll for shit.”

Team Ponics is like the Mexican version of Bizzy and I: Disproportionate in size–the little one is dangerous–they partner weekends on the road to run their music game. We only differ in that they both work as artists, and I’m Bizzy’s tour manager (or so we like to say).

I don’t actually manage. Bizzy is self-sufficient. He books his own shows, supplies his own merch, and doesn’t present much of a need for the skills I’m known to hone.

Thankful for that, his tour is my vacation. I use it to relax on the weekends and entertain my wants. Which can vary quite radically between cities and venues. Same with the array of fame-fuckers and hustlers, good local eats and weird stoner love.

The van that we road with is what makes our shit official. Wrapped with his face, my brand, and a few random sponsors, we get tittied in traffic and photoed when stopped. It’s essentially a billboard when driving through cities, a beacon to party that one can park anywhere.

Saint Bizzy proposed we tour when I was going through some things–well before the funeral, not to be confused. An implosion at home called for Damage Control. My job was the opposite of “quietly make friends.” I flew east afterwards to unwind with some family. And then Boston was terrorized, and the news took effect:

I bought a ticket to New York
to try and sneak into Boston.
Up all night, convinced,
I would be wrong
not to.

An intervention in the morning:
No hunting for terrorists.
Earmarked, forever,
that feeling is
queued.

Later that week, Bizzy on the phone: “Shippy, man, you need to relax. I’m trying to tour this year. You wanna help make it happen? You can bring a set, maybe rock a few shows… Whatever you wanna do, man. Just say the word.”

Even though Bizzy and I were never really friends before that, I welcomed the offer, flew home and bought the van.

Now, there’s a lot of reasons that touring can suck–nerves start to wear, people can be shitty, and a lot of bad things just happen in general–but that’s everywhere with everyone. And Bizzy and I together, we just take it as it comes.

Team Ponics we met at a Washingon show and invited them to Vegas the following the month. It was a janky little bar sporting holes from a Glock, and for everyone involved, a complete waste of a time. Back at the casino, hotboxing our room, we swapped a few notes and got on to some trade.

When I asked Case, undocumented and employed by a slaughterhouse, to give a demonstration of his signature move, he spewed milk from his nose before describing wholeheartedly the extent of his artistry when dispatching cattle. It was less a question I asked than a formal acknowledgement, a communication between psychopaths that starts the competition.

Said competition started, this how it went:

I managed to book a party on the elevator with a septuagenarian mogul. It took me eleven floors, and I had to work around his bodyguard, but by the time the doors opened to reveal Team Ponics–who were headed towards their room when they stalled by the elevator–my new friend Rollo was ready to buy a club. “Well goddamnit, Shipwreck! Let me clear these hookers on outta my room and you can bring your boys on over for drinks.”

After we left Rollo’s, Case karate kicked a guy in the casino restaurant’s bathroom. He was approached from behind while blow-drying his hands by someone he assumed to be assailing him with a taser.

And then–

Three in the morning, there on the Strip, slinging CDs like some modern-day buskers: “Holy shit! Team Ponics and Bizzy?!” All the elements were present to commence with their training: A crowd full of drunks, an insidious fan, and a city that feeds on the ill-prepareds’ soul.

Embedded in their bodies from the dinosaur days was an instinct that told them to pick up the pace. But running from the spotlight only draws more attention–and the crowd, an organism moving in flux, even under heavy impairment knows how to prevent them.

Surveying their options barrage-deep in photos (two flashes got it going, the others knew to follow), they decided they’d escape through a cluster of ladies. An amateur move no match for a Jedi. “Hey! Where you going?” I screamed frantically. And then, pleading, while maintaining volume: “My girlfriend’s a model. She’s your biggest fan. You can’t do this to me, man. She wants to suck your dicks!”

It really didn’t matter that the three of them were nobodies. Fear of missing out is like a brawl-call for vagina: It’ll clear a Sea-Tac bench all the way from LAX. It’s the apex predator’s most prominent compulsion.

Hard to say exactly what happened after that. I got hungry for a burger, and wasn’t taking calls.

But they were all there when I woke up in morning. Along with Case’s new procurement of blunt-impact sporting goods

“Five Minutes, guys.” Somebody’s passing a message from the alleyway door. Their timing coincides with our fingering a stub.

The bar is mostly filled with supportive friends and family. Ours and other locals’, who came to warm the show.

Inside is an acquaintance that I distanced for a while. Her babies’ daddy is on the books for nine hundred with interest. After a decade, it’s getting pretty steep.

Bittersweet, the fact he’ll pay but never know.

Lucky for him.

His girl’s my biggest fan.

“Hip Hop Hooray”
–Naughty By Nature

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

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.
…

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:

Thanks everyone! We appreciate the thoughtfulness.

Let’s First Amend This!
…

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.
…

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 ]
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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.]
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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.
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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.
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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.]
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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.

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

How To Get Evicted From Prison, No. 11

“May the palette to paint a picture of antiquated modern fixtures arresting the development of those who need it most find me and assign me the building up and redefining of all the things that one is capable against the will of their host.”
— #0000082431

My early morning shower is the highlight of my day. Because the rhythm of the water offers me solace, and the steam an escape from sobriety’s reign. If salvation can be found, it will be found in the rain nook, alone and underwater, where my brain is free to range.

Right now, I’m sacredly swimming through the depths of thought and ritual, attempting to distill from the vapors some tangible meaning to replenish through my veins all the life that I’m bleeding.

For the moment I’ve forgotten that our people that have abandoned us, loaded us on a plane headed deep in the South and delivered us to GEO for privatized punishment. For the moment I’ve forgotten that I’m crammed into filth, packed into a room with twenty-two others for a sluggish procession of time-thieving days.

For the moment I’ve forgotten.

Forgotten.

Forgotten for the moment that–

I have been forgotten.

Beating against the curtain, the water drowns out all the noise.

“Hey! What the fuck are you doing?!”

Usually, anyway–

“Call your backup then, motherfucker! We’re not dealing with this today!”

Usually the water drowns out all the noise.

Begins another battle that I’m sure to lose with buoyancy:

The oxygen
opposes me,
forcibly inflating my lungs–
too quickly comes the surface…

It’s time to start the day.

I turn the nozzle till it squeaks and stick my head out of the shower.

A wayward regiment of corporate malefactors is raiding our village in pedestrian force: trifling obnoxious, accosting our bunks, not a pack or a herd but a parody of mongrels–nefariously armed with box-cutting switchblades, adamantly attacking inanimate lines as if deemed by an admiral our enemy stronghold.

As makeshift tents fall to the floor and get swept in the current of underfoot rage, I find that rudely constructed partitions of linens fare no better in battle than Alamo Texans.

Someone asleep has woke from their bunk and signaled the others with expletive yelling.

A sergeant is telling him he’s going to the Hole, and ordering an underling to “go on and grab him.”

Cuffs in his hand, his legs don’t want to move. His apprehension is triggering everyone’s senses.

Both sides of the room begin wading through foment: the trepidation, swelling, is sure to prove costly.

“He’s not going to the Hole,” says the younger of the brothers, our herald from Max. He’s standing in the way with an irritant smile, bearing the fruit that only blossoms with violence.

His elder, by his side, won’t let him feed alone. “No one here is going to the Hole!” It’s an order to us and a warning to them. And the heat from its service springs an atmosphere change.

Those of ours wearing shirts begin taking them off, revealing as they do deadly scars and tattoos–histories told without anyone speaking: among us are killers whose demons were sleeping.

Opportunities, family, and affection from loved ones–those are the reasons back home we behaved.

Here there are none.

No Fucks To Give.

Just adrenaline–spiking–send it around.

With half of ours now protecting the target, and the other half, in their underwear, lacing up their shoes, I wrap with a towel and walk to my bunk. Where a uniformed stray is making a mess.

He’s a little too young to be scared and out of place, and I’m all but excited to catch him raiding red-handed. Quickly I surmise the only thing that he’s taken is an unhealthy interest in the seat of my underwear. “What do you think, man? Smell clean enough?”

“Huh?” As confused as he is, he’s easy to startle. And the radio on his shoulder is broadcasting Hell. Blaring by his ear in a bout of schizophrenia, cracked, cackled calls are screeching wrong directions. Much feedback is coming from his counterparts’ grouping–defensively huddled, they’re all calling for help.

In a concious decision he offers them none.

I point at the briefs in his hand but he’s focused on the door, silently praying that backup is coming. Because he’s awfully out of place and obviously uncomfortable, I ask if his mother knows how he pays her bills: “¿Cuántas parajes sexuales tiene?”

“What?”

Realizing the barrier between us goes far beyond language, I lift my foot to the bunk for an industrious stretch, and direct his attention to my issue with the towel. “The thread count seems to be all right, but there’s bound to be a problem without having any leg holes.”

“Oh. Sorry,” he says, instructing his grip to relinquish my drawers.

“No worries,” I say, and lose the towel with a wink.

When both legs are finally invested, I nod towards the commotion, nonsexually prodding: “So, what’s with the bullshit?”

“Seguda,” he spits: The Comeuppance of Curse Words.

Of course–

Because of the laundry.

Yesterday, someone’s laundry was hanging from the ceiling, using the cool push of a vent to recover from a soak. Seguda sprung her leash and started barking all irate, promising to confiscate anything left when she curly-tailed back after making her rounds. The owner of the apparel was quick to take it down. He was also quick to sit at a table with a spoon and the beans they brought for noon and grievously streak both sides of his undies before strategically returning them right back where they hung.

Then, he pushed his face between the bars that make the hallway window and obnoxiously lobbied as loud as he could: “Seguda! They don’t respect you. SEGUDA! They said you won’t confiscate shit! You’re gonna have to show ’em you mean business.”

When Seguda returned to the scenic display, she found herself greeted by an animated foreground. “Behold!” said the squishy face wedged between bars, flinging an arm to route her attention. Behind it, flapping from the ceiling in the flow of the vent: one loud, lonely pair of prison-issue underies, evincing one’s reeling from the wrong kind of rampage while flying as the flag set to consecrate our parish.

“I tried to tell ’em,” he said. “I said, ‘If you guys wanna keep ’em, you better take ’em down.’ Do you think they listened to me? Hell no. They ain’t got no respect for you, woman. But I guess there ain’t shit on a shingle you can do about that…”

Our straight faces struggled. We prayed her coming in.

She stood there and processed for a good solid minute, but equine in her menses, she sensed enough to spook. “You think I don’t get it? You WANT me to confiscate them, don’t you? Ha. Ha. Very funny, guys. I’m not falling for that one.”

And then she steered away like an old wobbly bovine.

Right to the notebook, we’re learning. Where, to the morning shift’s tasks, she added fucking up our day.

“Makes sense,” I say, pardoning the youngster.

“Yeah,” he says. “She’s a real cowhole.”

The sound of boots makes its way down the hall.

Opening the door, it’s canisters first. There must not have been time to grab the good equipment. Or maybe they’re hoping a dozen is enough.

Closest to the door, it’s my job to greet them. “Mornin’.”

They’re itchy on the trigger but don’t really want to spray us. Not without masks or proper ventilation. Chances are it’d do more harm than good. Even with the tears and the snot and the choking on puke, the shock value is lost when you’ve eaten enough–and it’s hard to imagine more than a few of theirs have.

Because no one appreciates being threatened with an ordnance, “What the fuck you wanna do?!” is the chorus from our crowd.

With the weight of the chaos distributed equally, “Okay,” says the sergeant, cautioning all moves. “It wasn’t our choice to come in here like this. We were just following orders. Let’s all relax and take a moment–”

“Our moment-taker’s broken, motherfucker! Get the fuck out of our house.” Some types of guys are only tough in a crowd. And those are usually the guys that have the best lines. Because for years they’ve been rehearsing while awaiting their moment. Watching them shine is often times cute.

“Okay.” The sergeant’s open hands are held where we can see them. “We’re going to leave, but we’ll talk about this later. In the meantime, you guys can’t hang your laundry between your bunks like that. Okay?”

The brothers agree with it sounded out fair. “You hear that guys? No more hanging your laundry like that.” — “Yeah guys. Did everybody learn their lesson?”

“Yes,” moans our crowd.

“And we have to take this,” says someone’s mother, hoisting the bag full of liquid we were brewing in the trashcan. Third day in, it was coming along swell.

A look from the sergeant makes sure we understand.

Of course we understand. We’ll have to brew another.

As their parody of mongrels evacuates our unit, the juice that was cooking gets handed to the youngster. He’s told to find a trashcan and throw it away. “And make sure it’s not the one that they were just using.”

He’s the last one to leave, and our unruly crowd is accosting him gently–all underwear and sneakers and the power of telepathy. “Sorry, guys,” he says, lingering at the door. “You heard it. They gave me an order.”

And then, removing the lid from the can in foyer, he deposits the brew in its bag in the trash by the door, and allows our man closest to keep it from closing.

It’s nothing less than a fine display of sportsmanship.

The kind that makes us proud to adopt him as our son.

“Back Door Man”
–The Doors