Updates

First Amend This! An IDOC Newsletter, May 2020

Previous: First Amend This!: An IDOC Newsletter (Special Corrector’s Edition)

Welcome to the May issue of First Amend This!: An IDOC Newsletter that addresses Idaho Corrections concerns.

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

Our Mission: To better develop our current state of Corrections

The Idaho Legislature shares our mission and welcomes your comments! Feel free to send them your thoughts, attached to a copy of this publication.

EDITOR’S NOTE

You may have noticed I’ve been experimenting with formats and special editions. The reason for this is because I can.

And though our state of Corrections is no laughing matter, sometimes presenting with a chuckle is the best way to acknowledge the sheer ridiculousness of how some folks comfortably market their maintaining-human-interest.

So in case you missed it, recently I Freaky Fridayed an issue and gave the powers that be their own Special Corrector’s Edition.

Before that I brought you the utterly factual and incredibly concerning “Special Alert: Coronavirus Emergency” issue.

If you missed either of those, they’re worth catching up on and sharing with a friend.

It’s important to note that the goal of this publication is not to be revolutionary. Too many out there do that already, and those of us involved in this posting really enjoy the privilege to fly.

It should also be known that the resources and knowledge it takes to consistently produce professionalism aren’t always accessible from the throes of Solitary Confinement. And since this publication has known no other life, well, that should explain quite a lot.

With an understanding that a disproportionate amount of our audience comes from overseas, other states, and with interests in Book of Irving projects sharing our site, the best I can hope for with FAT! is to fashion a historical record for my friend, Google, to fit up multiple asses, in the most entertaining way possible.

If everyone is cool with that, and I know that you are, then I’m happy to say on all our behalves, “Party on, Wayne,” “Party on, Garth,” and kick off another edition of First Amend This!

WHAT ARE THE NELSON MANDELA RULES?

After hearing them referenced as mandate on several occasions, we finally took a look for ourselves.

Now in our possession, we can tell you the Nelson Mandela Rules are the United Nations Rules for the Treatment of Prisoners, adopted December 17, 2015, as a General Assembly Resolution, and unfortunately, to this reviewer’s understanding, appear to have all the weight of a reasonable suggestion.

The 34-page document is comprised of 122 rules and four preliminary observations that describe their use. The preliminary observations are exactly as follows:

PRELIMINARY OBSERVATION 1

The following rules are not intended to describe in detail a model system of penal institutions. They seek only, on the basis of the general consensus of contemporary thought and the essential elements of the most adequate systems of today, to set out what is generally accepted as being good principles and practice in the treatment of prisoners and prison management.

PRELIMINARY OBSERVATION 2

1. In view of the great variety of legal, social, economic and geographical conditions in the world, it is evident that not all of the rules are capable of application in all places and at all times. They should, however, serve to stimulate a constant endeavor to overcome practical difficulties in the way of their application, in the knowledge that they represent, as whole, the minimum conditions which are accepted as suitable by the United Nations.

2. On the other hand, the rules cover a field in which thought is constantly developing. They are not intended to preclude experiment and practices, provided these are in harmony with the principles and seek to further purposes which derive from the text of the rules as a whole. It will always be justifiable for the central prison administration to authorize departures from the rules in this spirit.

PRELIMINARY OBSERVATION 3

1. Part I of the rules covers the general management of prisons, and is applicable to all categories of prisoners, criminal or civil, untried or convicted, including prisoners subject to “security measures” or corrective measures ordered by the judge.

2. Part II contains rules applicable only to the special categories dealt with in each section. Nevertheless, the rules under section A, applicable to prisoners under sentence, shall be equally applicable to categories of prisoners deadly with in sections B, C and D, provided they do not conflict with the rules governing those categories and are for their benefit.

PRELIMINARY OBSERVATION 4

1. The rules do not seek to regulate the management of institutions set aside for young persons such as juvenile detention facilities or correctional schools, but in general part I would be equally applicable in such institutions.

2. The category of young prisoners should include at least all young persons who come within the jurisdiction of juvenile courts. As a rule, such young persons should not be sentenced to imprisonment.

This reporter summarizes: The United Nations may or may not have smoked a joint and said, “You know what would be really cool?” and then wrote it down in tribute to Nelson Mandela.

However unproductive that may seem while undergoing correction in the USofA, this reporter can confirm that the mere suspicion a prisoner has somehow obtained real-world information, when organized with numerals and structural sense, is of itself a threat. It is in this fashion that others rumor certain benefits of this proclamation to be ascertainable.

And while this reporter has so far only witnessed one Skinhead citing the aforementioned ideology knowingly attributed to Mandella, he would never dissuade the rest from exercising their right to do so.

IMSI IMPROVES RESPONSE TIME FOR POLICY REQUESTS

Policy deliveries in at least part of the facility have seen noticeable improvements since March, when medical policy requests went unattended to for three weeks following multiple inquiries ahead of the ‘rona.

However inmates cycling through Restricted Housing are still reporting General Population officers citing policies and then withholding said policies upon offender requests to confirm their reference.

The policy number for Policy and SOP Management is 103.00.01.003

POSSIBLE SHAWSHANK ESCAPE AT GEO GROUP’S EAGLE PASS CORRECTIONAL FACILITY

IDOC spokesman, Jeff Ray, provided confirmation in a 4/20 Tommy Simmons article that a water main at EPCF had been damaged April 17, forcing the facility to lose water pressure.

The Eagle Pass Fire Department then suspiciously responded to the scene, under the guise of providing a 40-thousand gallon water tank — which would have been large enough for multiple inmates to hide in until Saturday evening, when the water was restored.

As everyone by now is familiar with the movie, it’s not unreasonable to suspect that someone got fed-up with helping Warden Waymon Barry cheat on his taxes.

Because FAT! has already highlighted Contract Monitors Monte Hansen and Tim Higgins’s readiness to fudge paperwork, along with that big boner Barry’s keen ability to refrain from truth-telling during Steve Darilek and the Texas Commission of Jail Standards’ official investigation of unrelated incidents, we question the authenticity of all inmate counts from the time the purported water main break occurred.

It is also assumed that April 18th’s sack lunches and hot dinners were provided as bribes to the inmates, along with the buckets of water they were given to flush their toilets, to keep Idaho news coverage from knowing the true potential for damage and uprising — the same way they did November ’18, when dozens of inmates were charged with minimal offenses after participating in riots, despite IDOC’s intent on modifying their Creating A Distrubance charges to a much more serious Group Disruption Level 2 Enhancement when they come home from Texas.

Having observed the 2018 situation firsthand, this reporter can only speculate that IDOC minimized the events on paper to prevent the official record from alerting the public to the deteriorating mental conditions of what were once Idaho’s best behaved medium-security inmates, prior to GEO Group housing them on the deadly Rio Grande, whose total body count remains unknown.

INTERPOLATION

We now consider it hereby acknowledged that those inmate charges were processed using the disciplinary procedure in the EPCF Inmate Handbook — up until their attempts to appeal, which were all denied citing an Idaho policy clearly not in play — making all charges invalid as the Inmate Handbook didn’t then and likely doesn’t still reflect the facility’s daily operations, to include the disciplinary policy EPCF is obligated to uphold, according to IDOC Agreement Number A18-002, section 5.5, which states all charges are to be processed in accordance with IDOC Policy 318.02.01.001 (Disciplinary Procedures). In addition to denying inmates involved in 2018’s group disruptions their disciplinary process under Texas and Idaho requirements, that GEO Group didn’t give them copies of their charges or impartial hearings violated their Federal Disciplinary Due Process Rights too.

If that isn’t enough, EPCF’s failure to include Policy 318 in the Inmate Handbook violated Texas Minimum Jail Standards § 283.1 and 283.2, as well.

When IDOC’s Jack Fraser was asked to respond to this miscarriage of justice, his message was simple: “[Honey badger don’t give a shit.]”

PAYING IT FORWARD

Shout out to the immigration holds at Karnes County Correctional Center. If ever I’m in your neighborhood again, don’t forget I shared this Irving Prime hack:

Need a few items from your local emporium but the rec moves and porters are all done for the day? Have your neighbors push their broom through the bars to your port’s button, wait for the intercom click and say, “Rodriguez, [and your door number].”

Good twice a day for at least six months, when you make it to the Ladies’ Wing, be sure to ask this: “¿Cuántas parejas sexuales tiene?”

When the bebé arrives masculino, nombre the hombre Patricio!

RUMOR CONTROL FROM THE DERECTOR

Hey all —

Contrary to what you’ve all heard, Karnes County Correctional Center and Eagle Pass Correctional Facility were both constructed on this side of the border. While logistically it is possible to move large deteriorating buildings in such a manner that they can be Frankensteined back together, that’s not at all what we did in Texas.

While we understand there are certain resemblances in our Texas facilities to those of their southern neighbors, i.e. the water, the help, the basic lack of civil liberties, it’s just completely unreasonable to suggest that we could move such obviously incompatible foreign structures across a border that Supreme Ruler Trump seems fit to guard so well.

So let’s all do our part and set the record straight. Okay, guys?

Aside from that, I’m so proud of you this month. Keep washing your hands and trying not to die!

— J Dizzle

“The Payback”
— James Brown

Next: First Amend This!: An IDOC Newsletter, Jun. 2020

Irving Now Serving: Hot 101s

[For anyone reading this letter, willing to send answers to these or other questions, please! Send them using my info below or on the “Contact” page.]

United Talent Agency
9336 Civic Center Dr.
Beverly Hills, CA 90210

4-26-20

Dear United Talent Agency:

I run an obscure little project that entertains with discourse. It’s common I write letters to lawmakers, media, influencers, assholes, and anyone else capable amplifying my and others’ muffled voice. This is what the majority of those letters contain:

It started with a battle in a private prison on the Mexican border. It was a battle for basic human decency. I had to create a medium to capture the experience, and have since developed it into a model of discourse. They now prefer me writing from Solitary Confinement. Bookofirving82431.com: The Captive Perspective.

Escape from your craziness through mine.

On this site are letters I’ve posted, poetry, shorts, and some fairly basic science of the dissident sort. There is also a publication that I’ve given a home, while usurping every position that sits on its board. The name of my baby is First Amend This!: An IDOC Newsletter, and it’s an unlikely source of overlooked potential.

As an endeavor in no way financial, I seek those interested in chuckling a change, and would like to dedicate a section of FAT! for interviews with people, funny and not.

The questions I want to ask will be written in advance and returned via JPay messaging or USPS. Here is a sample of what few might be:

1) Do you have a memory of a time growing up when you got busted doing something wrong?

2) If you were to estimate the amount of incarceration you owe for your shortcomings, what would that number look like?

3) You’re going to prison for three years. You only have room in your ass to smuggle one thing in. What would it be and why?

4) A small amount of brain damage will get you transferred to a lower-security facility, where they play movies throughout the day and have food at their visiting. You’re looking at Life, do you make it happen?

5) Knowing the Ninth Circuit will exchange your sex organs and subsequently order your transfer to their corresponding facility; on a scale of 27, how tempted would you be?

Please use as a reference the following issues:

1) First Amend This!: An IDOC Newsletter (Special Corrector’s Edition)

2) First Amend This!: An IDOC Newsletter (Special Alert: Coronavirus Emergency)
Interviews will either appear in similar editions or be placed appropriately within other content. Of course, I’m open to suggestion.

If you or someone you know may take an interest in this project, please let me know. Any reply would be grace.

Regards,
Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707
Messaging via JPay

[Work of mine found off this site may have been transcribed by a Nigerian prince.]

Esoterica: Entry 11 (Dark Matters)

Up.
I’m looking.
For I’m not sure what.
Under the impression that’s from where it will come.
Because folklore says it comes from the sky.
And who am I to argue with that?

Did I notice it first?
Or offensively later?
It seems like everyone caters obnoxious in need.
Progressions in synch.
Was I missing them always?
They speak to the past like they know all of mine.

When did it start?
Only twice did I call them.
The day I seizured in the yard, looking at the sky.
I said right before I was done with this life.
Vessel for use, pissed-off at time.

Also I pushed my heartbeat through an antenna.
As radio static, beating away.
The Electric Heartbeat, I said, to no one in particular.
That’s when everything began to get strange.

The next signals were lost despite using cords.
I thought it was luck I still had my WiFi.
I had finished-up watching A Beautiful Mind, and said out loud to myself, “Oh fuck, that’s my life.”
The DVD player stopped working right then.
And there was nothing I could do to save the TV.

That was the reason for the miniature light show.
Just flipping perspectives, the thought crossed my mind.
My laptop the stage, I used its one camera.
Created a rhythm of music, smoke and lights.
Damn, kid, l wanna come to your studio.
I don’t know why they’d want to, with my broken TV.

I fuckin’ love this kid!
Someone’s got jokes.
Commandeered my computer.
Shared the cam among friends.

That day I was chillin’ in my Batman pajamas.
The onesie with the cape and the mask, that Dad bought me for Christmas.
That I drove around in that morning, with a sack full of oranges and advice for the kids.
In it I fashioned my computers with wires as an atomic device.
Then I rolled a joint in handcuffs, smiled for the camera, and smoked it while defusing the quantum-computing nuke.

Would I have done it without spectators watching?
Another lever pulled, it’s kind of what I do.
A perfect allegory. The flag that razed the base.
I never should have called Encryption Dave, NSA.

Still, the TV.
Very not cool.
It’s tied to a chair outside, for the computer to watch.
Interesting dialogue, ice pick and vice.

Choice.

Insane.

Already in motion.

Not long after that it all started to be.

Those are my thoughts.
How can you hear them?
And who are you anyway?
How can you see?
If you don’t leave me alone, I promise I’ll find you.
You can only hide for so long, who watches so well.

You’ll never find me, kid, they always would say.
If I were you I would run.
Off and away.

But I wasn’t fast enough.
From what probably was me.
And things that were real I swore not to explain.
Yet if you’ve ever watched Batman disarm a quantum-computing nuke while smoking a handcuff joint to wish you a nice day, he wants you to know he still thinks of you often.
And you owe him a TV.

Goddamn will you pay.

“Avalanche”
–B.O.B

4-25-20 05:08

Thank You For The Books

4-23-20 14:30

Hey Stranger,

There is a common agreement among the Patricks that Patrick-With-The-Feelings refrain from all posts. But you, a friendly stranger, have well-wished us with books. So we feel it’s okay to log an emotional response.

In switching perspective from third-persons, I should note that this post may appear before Esoterica: Entry 10 (F-ckin Science, Bro), as that was confiscated for review by the powers-that-be. If you take a moment and read that too, you may have some thoughts regarding timing and grace.

While I’m not going to share the four titles that arrived today, my feelers are aware that the thought powering each choice was very considerate — at least one of the authors and all of the summaries know me very well.

And though I have no indication of who saw them delivered, I’d like to assume that you’ll see this post and continue watching your actions influence my work. (Though if at anytime you wish to drop a line, I could probably muster up some really good behavior too.)

I hope that’s the best way to thank you.

Truly,
Patrick

Esoterica: Entry 10 (F-ckin’ Science, Bro)

I’m having drug cravings. In my prison cell. And I can’t find a pamphlet.

There’s a call button I could push. But if I did, they would come to my cell and say, “That button’s only for emergencies.”

To which I’d say, “I could die from my addiction, you know? Because it’s been some years and, while my tolerance is down, my ambition has never been higher.

“Furthermore,” I’d continue, not wanting to waste the opportunity for some human interaction, “as my prison cell here in Solitary Confinement might suggest, it’s possible at times that I can be dangerous. No more so than your Department’s best thinkers, of course. Nevertheless, imagining myself walk out the prison doors right now to a handful of medication and running sneakers, well, I don’t know — it seems like things could get serious. Is there a page in your button’s manual to deal with that sometime in the next ten years?”

Having now expressed it outward, I find the craving itself is fleeting. Whether a remnant of past or another layer shed, it should be noted that the opportunity to further strip down my deficiency and replace it with positive reinforcement has successfully escaped along with it.

If the goal of Solitary Confinement is to amplify polar behaviors or socio-dissidence, you should take comfort in knowing I’m maintaining a schedule.

Though my personal shifts no longer cater to mania, there’s a predictable cycle turning each day. Most of which revolves around mail call or leads into the one hour of phone time I get every week.

An awkward electrochemical exchange always happens at mail call, when my serotonin and dopamine queue a celebration. Because at the same time they do, my adrenaline is preparing for the stress of fight or flight. The latter rush, Pavlovian, comes from anticipating the return of my institutional queries:

As the majority of my cooperative efforts to achieve homeostasis are systematically repealed, I feel my synaptic pathways processing alternate routes of signal expression — as if they’re running reality models into the future to test the boundaries and outcomes of resource manipulation in a manner that benefits me independently, while simultaneously seeking eco-equilibrium in whole. ( It should be noted of the scenarios modeled that their benefit potential is subjective.)

This leads in to some interesting thoughts on how the calculus of gene expression may correlate with neuro-plasticity, and whether a language exists among ecosystems that parallels communication on the conscious exchange.

But I don’t have a library. And Ellen is on. So — whatever, I guess…

4-22-20 14:45

First Amend This!: An IDOC Newsletter (Special Corrector’s Edition)

Previous: First Amend This!: An IDOC Newsletter Coronavirus Alert 4.5.20

Welcome to the Special Corrector’s edition of First Amend This!: An IDOC Newsletter, where we instruct DOCs around the world — the good old Idaho way.

Brought to you by The Captive Perspective and presented in alliance with bookofirving82431.com.

A MESSAGE FROM THE DERECTOR

Hi all,

A lot of you are wondering, how do we do it? What’s the secret to getting away with all that we’ve done? In response to your fan mail, and I do get a lot, I figured I’d hijack our favorite sage’s platform and do a little oracling of my own.

But because I don’t have much time to cook something up (read: I bought a new jet ski for those sick corona waves), I’m just gonna serve you all a little taste of how-we-do.

While everything here will accommodate the personal agenda, I can’t stress this enough: The people you’re responsible for have all offended against one or more members of the community. That makes it okay for you to offend against thousands of theirs with every negligent step that you take.

So without further ado — our IDOC How-To Special.

Catch you on the flip!

— J Dizzle

HOW TO CHANGE CONDITIONS OF CONFINEMENT WITH A DRY-ERASE BOARD

IDOC’s disciplinary policy was said to have changed in 2018, to limit offender effects in our much-touted “segregation experience,” but policy text is the only thing different. Take it from our inmates at the Idaho Maximum Security Institution:

“After doing the maximum fifteen days in the hole, the only thing that changed was my status on a dry-erase board,” says an inmate who recently circulated through one of IMSI’s segregation units. By sanctioning offenders with extended restrictions on property, commissary and phone during disciplinary, “[t]hey get around saying our deprivation is limited. I didn’t get more rec time, I didn’t get any dayroom — literally nothing changed in my daily life, nothing changed in my cell.”

Sure, we installed day room cages in February “to provide offenders more out-of-cell time.” But guess what? — just ’cause they’re there doesn’t mean they need used. Mostly they serve to point at on tours, like the handcuffs we leave hanging from unused desks all year round.

WORRIED ABOUT PAPER TRAILS? TRY THIS TIP

Once a year, release a memo like Warden Yordy did in our January edition. By “saying” more rec time will soon be offered to all, you can continue limiting your offenders to only one hour per day. (A total of 23 hours cell-time, daily, should be what you strive for to keep them all nuts.) The same memo can be pointed to anytime someone asks about programs being “rolled-out.”

DON’T waste paper with separate memos.

DO check boxes suggesting ALL Ad-Seg offenders actively program.

HOW TO RUIN A PERFECTLY GOOD BALLFIELD

Tired of watching offenders run laps and play ball? Try splitting the ballfield into four fenced sections, under the guise of offering inmates four-times the rec.

Make sure to section them all off unevenly — it’s even okay to make one quarter a dog run! Whatever you do, don’t complete the fence. That way, eight months later, while continuing to tell them they’ll get more time outside, you can continue to limit their sunshine while robbing 3/4 of their faculties.

We recommend the IMSI model: Be sure to cordon off the phones so no one can use them. Same with the bathrooms — who needs those anyways? You’ll have to leave those scoundrels a pull-up bar, and maybe a wall to bounce a ball off of, but the goal is to keep the violence-prone crammed together without the privilege of motion — this makes it easier for diabetes to catch all of them at once.

A few years in and they’ll start picking-off each other. That’s what we call a soup-in-the-box!

HOW TO CHARGE OFFENDERS DOUBLE AND TRIPLE WHEN DEPLOYING OLEORESIN CAPSICUM

If it’s not enough to spray the shit out of those bastards, make their pocketbook suffer too! Reuse your Sabre Red MK9 Foggers several times each, while charging each offender $41.99 a pop.

In situations where the spray isn’t needed, but you can’t resist a little letting-them-know, give ’em a kiss, replace the pin, and let your use-of-force/disciplinary report reflect the whole canister spent. When given a receipt for the bill — redacted, of course — they’ll have no way to prove that we’ve made it a game! (Redacting cannister orders is essential to insure no audit is capable of comparing the number of canisters ordered to the numbers that were used or remain.)

And even if they prove it, it’s important to note: None of those cocksuckers are capable of being loved as much as Daddy’s new boat.

That’s what makes it okay!

HOW TO RESPOND TO OFFENDERS WHO WISH TO HOLD YOU ACCOUNTABLE

Here’s a real life example from the best in the biz, Tim Higgins. After denying several dozen inmates their Federal Disciplinary Due Process Procedures at an IDOC contract facility in Eagle Pass, Texas, he was able skate past the fact by pretending he knew where he was and what he does for work.

When intercepting communications addressed to his boss, Pat Donaldson (6-8-19), Timmy crossed out Pat’s name and then wrote in his own before sending contradictory answers back to the pesky offender who was asking him questions.

Here’s the master in action:

Offender: Please describe your understanding of IDOC Agreement Number A18-002, section 5.5

Higgins: Our understanding of Section 5.5 is what is written in the contract.

The level of comfort he operates with while attaching this page from the contract…

“The Contractor shall resolve all disciplinary infractions, from minor to serious, in accordance with IDOC SOP 318.02.01.001 (Disciplinary Procedures: Inmate…Once all appeal processes are exhausted at the Facility, Inmates may submit an appeal to the IDOC Contract Monitor or designee.”

…despite Jack Fraser’s complete contradiction in an 8-27-2019 memo…

“You, along with several inmates, were charged with disciplinary infractions under the Texas Commission on Jail Standards [not IDOC policy 318].”

… is the work of a real craftsman.

But that’s not all, folks — after investigating himself for using the classification system to retaliate on an inmate, he gave us another beauty.

Inmate: Are you aware [Policy 316] does [actually] allow classification resulting from disciplinary to be grieved?

Higgins [managed to cram this addition above an already-long rant, post script]: It should be noted that this was not signed by you so it should be rejected, we will answer it anyway…

The rest of what was said, we don’t even know. Ol’ Timmy has a habit of making no sense.

Holy smokes, we’re having so much fun we’re gonna do one more for free. It’s another classic intercept, addressed to Monte Hansen (6-8-19). In breaking form, Timmy opts not to cross Monte’s name out before signing off as himself.

Inmate: Did you report my retaliation grievance to [Special Investigations Unit] before you answered it? Grievance II 190000285.

Higgins: What our staff discuss to our investigators is not something we will disclose to our inmate population.

For those of you paying attention, if ever caught up in the investigative cross hairs of your underlings, be sure to discuss “to” them, not “with” them.

Full disclosure: He didn’t report himself as required by Administrative Investigations policy 150.01.01.006.

It’s rumored he later said this about the situation: “…And if it hadn’t been for those pesky investigators answering the same question with a modicum of integrity, I would’ve gotten away with it, too!”

Fortunately for Timmy, no one really cared. Because, well — fuck inmates, right?

Join us for shittin’ on ’em next time, when we learn how to structure more paragraphs together for another Special Corrector’s edition of First Amend This!

“The Building”
–Looptroop Rockers

Next: First Amend This An IDOC Newsletter May 2020

Eat Your Heart Out Bon Jovi

US Department of Justice
Civil Rights Division
Special Litigation Section
Office of the Assistant Attorney General
950 Pennsylvania Ave. NW
Washington, D.C. 20503

4-11-20

Department of Justice (Civil Rights Division):

On behalf of several thousand inmates under the jurisdiction of the Idaho Department of Correction, in both Idaho and Texas, I respectfully request that you give audience to a short presentation highlighting the following constitutional concerns: Access to courts, obstruction of protected communications, staff retaliation on inmates, cruel and unusual punishment, and religious entitlements.

The presentation is titled “Exhausted Grievances in Summary (for legal and investigative purpose),” and has been made available for you at bookofirving82431.com.

Your careful deliberation is appreciated.

Best regards,
Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707

“Electric Avenue”
— Eddy Grant

First Amend This!: An IDOC Newsletter Coronavirus Alert 4.5.20

Previous: First Amend This!: An IDOC Newsletter, Apr. 2020

Brought to you by The Captive Perspective and made available at bookofirving82431.com.

This publication provides a reliable source of information for issues affecting our Idaho Department of Correction’s community.

THE IDAHO DEPARTMENT OF CORRECTION HAS ANNOUNCED ITS FIRST CASE OF CORONAVIRUS

An employee of Idaho Maximum Security Institution in Kuna was identified as having contracted https://www.idoc.idaho.gov/content/careers/covid-19 over the weekend. The post is said to have since disappeared.

IMSI staff, who will remain nameless, confirm a First Shift employee did test positive, but self-quarantined upon suspicions of contracting the virus. Suspected of posing minimal risk, their duties entailed patrolling outside perimeters.

Coats shared by offenders in Administrative Segregation were removed the same time the post disappeared. The coats, which are used to protect IDOC’s most isolated population from weathered rec cages, give an idea of how many other opportunities the virus will have to infiltrate items of communal living once inside IDOC-secured perimeters.

It’s unclear why the post would have been redacted from a government-run website.

HEY JOSH, WTF?

Remember when you said we’d hear it from you first?

Your need to control panic levels is understandable, and we appreciate the efforts you’ve made up to this point to keep us informed and safe, but how do you expect families and inmates to react when you redact a public announcement like that?

Please explain your decision.

A MESSAGE FROM THE DIRECTOR

04/03/2020

Hi all,

It’s been another busy week in the fight to curb the spread of COVID-19. As of yesterday, the Department of Health and Welfare was reporting 891 cases, with 9 deaths, throughout the state. We’ve been fortunate so far in our facilities and have no known cases. Thank you for doing your part to practice good hygiene and facility cleaning. It helps!

COVID-19 Testing: Here are our testing stats: we’ve tested 16 people incarcerated in Idaho and have received 14 negatives, and we’re waiting on the results from the last 2. In Eagle Pass, Texas, 3 people have been tested. One was negative and we’re waiting on the results from two. We’re now sharing the daily testing statistics on our website (called COVID-19 Tracking), so please direct your family and friends there for up-to-date information. Were also updating the website with information on any units/tiers operating under a medical quarantine.

Release Dates: Next week, the Parole Commission will begin its hearings for the month of April and some of you may have questions about your parole date. If you were previously scheduled to have a parole hearing in April, but you’re not yet parole eligible, your hearing is being rescheduled. Don’t worry, your rescheduled hearing will still happen before your parole eligibility date, just not quite yet.

For those of you who have already been paroled and are past your tentative parole date, we’re working to try to get you released as quickly as possible. We are also working with the parole commission to systematically review people who have already been granted parole and are parole eligible now. For people in this category, you may see your release date move up.

Additionally, the commission will be re-reviewing people who are parole eligible but without a parole date to determine if they can be safely returned to the community. Whats most important to take away from all this is the following:

1) People leaving on parole still need to participate in necessary programming and have an approved parole plan

2) People who are not yet parole eligible wont be held longer as a result of changes in the schedule and

3) There is a systematic review occurring for those who are already parole eligible that ensures everyone is evaluated the same way. On this last point, I cant stress enough that we are not taking requests. Our offices, the Governors, and the Parole Commissions are all being inundated with calls about this right now and responding to friends and family takes us away from the important work of screening people.

Video/Telephonic Hearings: You’ll soon be noticing that we’re moving all parole hearings to video conferencing and almost all court hearings to the phone. [I said almost b/c of the paper hearing option]. This reduces your possible community exposure to COVID-19 and allows processes to happen with minimal, if any, delay.

Process Changes/Staff Changes: As you can see, COVID-19 is changing how we do our business and it’s requiring a lot from staff. Case managers and programming staff are being asked to facilitate release planning, video hearings, telephonic court hearings, and keep up with their day jobs. We are asking a lot and will do everything we can to keep programming going. There are going to be hiccups, but please know we’re working hard to figure things out. We’ll try to minimize your frustrations, but I’d also ask for your patience.

Rumor Control: We’ve been seeing rumors fly on social media about plans to move people to out-of-state facilities during this health crisis. That’s simply not true. Colorado has yet to define the criteria they would allow for placement of out of state prisoners in contract facilities in Colorado. The discussion has been tabled for the time being, so we can deal with the COVID-19 crisis, but when we restart conversations know that we remain committed to ensuring anyone placed out of state is afforded the same opportunities for employment, education, and programming as what is provided in Idaho. While we cant ease the hardships created by distance, we also will work with the provider to facilitate as much phone, email and video visitation to keep people connected to their loved ones.

For those of you staying in contact with friends and family, I’m sure you’ve heard: this is a crazy time! The public health crisis has created a sense of uncertainty for all of us. The calls, emails, and social media posts are through the roof with people who are concerned about you. I know I can’t necessarily give the people you care about peace of mind, but I promise to give them the most accurate and up-to-date information we have. Please have them keep checking our social media and website for the latest news.

Thanks again to all of you who are pitching in to keep our facilities clean and looking out for each other. I know these are difficult times, and I hope you know they’re difficult for us as well. But we’ll get through it together.

Thanks–

Josh

“Crack A Battle”

Eminem, Dr. Dre, 50 Cent

Next: First Amend This!: An IDOC Newsletter (Special Corrector’s Edition)

Exhausted Grievances in Summary (for legal and investigative purpose)

Updated: 7-10-20

Introduction

These grievances present constitutional concerns affecting the Idaho Department of Correction’s inmate population, in part and in whole. Though the focus of this presentation is to address issues affecting many, patterns can also be found in these materials to assist cases individually.

The Book of Irving Project makes documents available to assist in transparency and research. Referencing them is welcome.

Feedback is appreciated.

Eagle Pass Correctional Facility grievances from 09/2018 to 05/2019, as they were presented to the Texas Commission on Jail Standards, can be found at Violations of Texas Minimum Jail Standards and The Battle for Dish Soap at Eagle Pass.

All “related materials” links connect to this site.

GRIEVANCE 1

Category: Classification (retaliatory)
Date: 3-27-19
Location: ISCI
Grievance Number: II 190000285
Responders: Monte Hansen, Tim Higgins, Pat Donaldson
Disposition: Denied

Notes: Responder(s) implicated in the inmate concern form process of the grievance investigated themselves for misconduct before dismissing the grievance, citing policy 316.02.01.001 (Grievances), which doesn’t allow issues specific to disciplinary to be heard. However the same policy does allow classification issues resulting from disciplinary actions to be heard, making their grounds for dismissal invalid.

This grievance was not forwarded to the Special Investigations Unit as policy 150.01.01.006 (Administrative Investigations)requires for allegations of employee misconduct. It was also not delivered to the offender within the time-frame allotted to appeal, forcing the appeal to be submitted without viewing the initial response — to ensure administrative exhaustion.

Related materials: Violations of Texas Minimum Jail Standards, Retaliatory Transfer to Idaho. Grievances CF 190000104, 190000216, II 190000578, Grievance attempt 2-25-20.

Grievance II 190000285

GRIEVANCE 2

Category: Mail
Date: 4-22-19
Location: Contract Facility EPCF
Grievance Number: CF 190000104
Responders: Monte Hansen, Tim Higgins, Pat Donaldson
Disposition: Granted

Notes: Following the suspicious transfer of a contract facility inmate who was sending grievances and complaints to oversight in Texas, agency responses were returned-to-sender and delayed from reaching their recipient in Idaho. IDOC mail policy 402.02.01.001 requires inmate mail be forwarded following any transfer. Because follow-up communications with oversight agencies were obstructed, several formal complaints were delayed.

Related materials: Violations of Texas Minimum Jail Standards. Grievances IM 190000181, IM 190000387, IM 190000484, IM 200000050, Grievance attempt 2-25-20, and Grievance CF 190000115 (available in Excessive Use of Tort, #4)

Grievance CF 190000104B_04/22/2019

Dated return envelope 04/04 2019

Dated envelope to TX IG 03/13/2019

Dated return envelope 04252019

GRIEVANCE 3

Category: Mail
Date: 5-13-2019
Location: IMSI
Grievance Number: IM 190000181
Responders: Trobock, Terri Shewmaker, Barlow-Hust
Disposition: Denied, Granted on Appeal

Notes: IDOC employees refused to mail metered parcels addressed to media, legislators and legal advocates, citing a property policy that limits stamped envelope purchases.

Related materials: Grievances CF 190000104, IM 190000216, IM 200000050, Grievance attempt 2-25-20.

Grievance IM 190000181

GRIEVANCE 4

Category: Policy or SOP
Date: 06-06-2019
Location: ISCI
Grievance Number: IM 190000216
Responders: Southwick, Gary Hart Grove, Howard Yordy
Disposition: Denied

Notes: Addresses policy that allows staff to investigate themselves for allegations of misconduct. Requests a policy change to prevent future occurrences.

Related Materials: Grievances II 190000285, 190000181, II 190000578.

Grievance IM 190000216

GRIEVANCE 5

Category: Administration
Date: 6-24-2019
Location: IMSI
Grievance Number: II 190000578
Responders: Blackburn, Richardson, Alberto Ramirez
Disposition: Granted

Notes: Staff facing allegations of misconduct investigated themselves and then failed to forward their investigation to Special Investigations Unit, per policy 150.01.01.006 (Administrative Investigations).

Related Materials: Grievances II 190000285, IM 190000216, IM 200000050, Grievance attempt 2-25-20.

Grievance II 190000578

GRIEVANCE 6

Category: Religion
Date: 09-09-2019
Location: IMSI
Grievance Number: IM 190000344
Responders: Michael Hartwig, Gary Hartgrove, Howard Yordy
Disposition: Denied, Granted on appeal

Notes: Inmates not given equal access to Christian religious services. The grieving offender was removed from the unit before the appeal was responded to. Whether accommodations were made is unknown.

Related materials: None

Grievance IM 190000344

GRIEVANCE 7

Category: Access To Courts
Date: 10-04-2019
Location: IMSI
Grievance Number: IM 190000387
Responders: Shedd, Jamie Hess, Howard Yordy
Disposition: Denied, Modified

Notes: Inmate organizing complaints in Texas doesn’t have access to Texas court materials following transfer to Idaho.

Related: Retaliatory Transfer to Idaho, Grievances II 190000285, IM 190000484.

Grievance IM 190000387

GRIEVANCE 8

Category: Access To Courts
Date: 12-04-2019
Location: IMSI
Grievance Number: IM 190000484
Responders: Shedd, Jamie Hess, Howard Yordy
Disposition: Granted

Notes: Two copies of one tort claim, placed in Legal Mail, correctly addressed to two separate recipients, were both returned to offender twice, for a total of four times undelivered. One parcel sat in-facility three weeks before it’s return. Despite Offender stating both parcels had returned to Offender’s possession, facility staff maintained they had been mailed, while falsely stating “no deadline was missed since tort claims don’t have a court deadline.”

Related: Grievances CF 190000104, IM 190000181, IM 190000387, 190000484.

Grievance IM 190000484

GRIEVANCE 9

Category: Policy or SOP
Date: 01-14-2020
Location: IMSI
Grievance Number: IM 200000025
Responders: Southwick, Gary Hargrove, Howard Yordy
Disposition: Modified, Denied

Notes: Revised long-term restrictive housing policy 319.02.01.003 (as referenced by policy 319.02.01.001, adopted 7-11-2018) was found not to exist, leaving inmates unable to reference standard operating procedures for Administrative Segregation.

Related: None

Grievance IM 200000025

GRIEVANCE 10

Category: Commissary
Date: 01-30-20
Location: IMSI
Grievance Number: IM 200000050
Responders: Sonia Herrera, Gary Hartgrove, Howard Yordy
Disposition: Granted, Denied

Notes: One of two grievances resulting from limitations placed on non-stamped envelopes. Herrera and Hartgrove affirm restrictions are only to be placed on stamped envelopes. Restrictions were to be removed from inmate commissary orders. A separate grievance — alleging the restrictions were only placed on one inmate, to limit communication with government officials, media and legal advocates — was denied its process, and the inmate was instructed to present the separate grievance as an appeal to this one. The appeal, submitted as instructed, was then denied by the instructor, as being an issue for a separate grievance.

Non-stamped envelope restrictions were lifted temporarily, but reinstated again after a couple of weeks, limiting offenders’ ability to engage in protected communications as needed.

Related materials: Grievances II 190000285, CF 190000104, IM 190000181, IM 190000216, II 190000578, Grievance attempt 2-25-20)

Grievance IM 200000050

GRIEVANCE 11

Category: Administration ( Staff Retaliation)
Date: 2-25-20
Grievance Number: Process denied (no number)
Responders: N/A
Disposition: N/A

Notes: Grievance addressed staff limiting Offender’s ability to contact media, government and legal advocates as an act of retaliation. When consulted on how to process this grievance, Warden Howard Yordy instructed to have Offender state the claim of retaliation in the appeal section of a grievance that addressed the contact restrictions themself. Yordy then acted as the appellate authority and responded that the appeal was used to state a new claim, which should have been filed as a separate grievance, and denied it consideration as such. As the period to file had expired by the time Offender received the appellate response, the allegation of staff misconduct was unable to present as a grievance, and Special Investigations Unit was not notified of the allegation per policy 150.01.01.006 (Administrative Investigations).

Related materials: Grievances II 190000285, CF 190000104, IM 190000181, IM 190000216, II 190000578, IM 200000050.

Grievance application 02/25/20

Grievance response 02/20/2020

Grievances currently in progress:

Interference with offender claim of staff retaliation (anticipating exhaustion in May.)

Censorship of local news coverage (May, also.)

Please check back, soon.

[Updated 4/21/2020]

GRIEVANCE 12

Category: Telephones (Media Access)
Date: 03/18/2020
Location: IMSI
Grievance Number: IM 200000155
Responders: Develbliss, Gary Hartgrove, Tyrell Davis
Disposition: Denied, Denied

Notes: Local news articles sent over JPay messaging were prevented from being delivered.

Related Materials: Grievance IM 190000181.

Grievance IM 200000155

GRIEVANCE 13

Category: Administration (staff retaliation)
Date: 3/26/2020
Location: IMSI
Grievance Number: IM 200000170
Responders: Juliet McKay, Gary Hartgrove, Tyrell Davis
Disposition: Denied, Denied

Notes: Grievance alleges an attempt to grieve staff retaliation was obstructed. Offender provides multiple references in grievance, spanning a year’s time, and specifically requests a review be given by the Special Investigations Unit, per policy 150.01.01.006 (Administrative Investigations).

Materials provided by inmate were not referenced. Responders don’t address specific concerns in either the grievance or appeal, including the action grieved itself. Juliet McKay’s response in this grievance conflicts with messages she later delivered to Offender via Inmate Concern Forms. Responders don’t acknowledge the grievance is required to be forwarded to SIU per policy.

Attachments include receipts from other inmates, also submitted with 2-25-20 grievance, supporting Offender’s complaint of being singled out for publicly presenting group issues. They are only a few of the receipts available.

Related materials: Grievances II 190000285, CF 190000104, IM 190000181, IM 190000216, II 190000578, Grievance attempt 2-25-20.

Grievance IM 200000170, Inmate Concern Form 03/24/2020Order Receipts

GRIEVANCE 14

Category: Policy or SOP
Date: 3/19/2020
Location: IMSI
Grievance Number: IM 200000159
Responders: Baerlocker, Gary Hartgrove, Unidentified
Disposition: Granted, Modified

Notes: Grievance addresses policies not being provided to inmates. Appeal addresses offenders not receiving proof of their requests.

Related materials: Grievance IM 200000159

Grievances currently in progress:

Policies not being provided to inmates.

GRIEVANCE 15

Category: Conditions of Confinement
Date: 6/10/2020
Location: IMSI
Grievance Number: IM 200000280
Responders: Laing, Gary Hartgrove, Tyrell Davis
Disposition: Denied, Denied

Notes: Grievance addresses inadequate out-of-cell time for Administrative Segregation.

[Attachment 1] [Attachment 2]

Related materials: Grievances IM 200000280, IM 200000025, IM 200000159

GRIEVANCE 16

Category: Security
Date: 8/18/2020
Location: IMSI
Grievance Number: IM 200000411
Responders: Develbiss, Nicolas Baird, Tyrell Davis

Notes: Communications reporting staff-on-inmate violence were censored.

Related materials: Grievances IM 200000411, II 190000285, CF 190000104B, IM 190000181, IM 190000216, II 190000578, Grievance IM 200000170, Grievance attempt 2-25-20, FAT! (August 2020).

GRIEVANCE 17

Category: Security
Date: 7/30/2020
Location: IMSI
Grievance Number: IM 200000377
Responders: Develbiss, Nicholas Baird, Tyrell Davis

Notes: Communication describing staff-on-inmate violence was censored leaving the facility.

IM 200000377

Related materials: Grievances II 190000285, CF 190000104, IM 190000181, IM 190000216, II 190000578, IM 200000170, Grievance attempt 2-25-20, Grievance IM 200000411, (FAT! August 2020).

GRIEVANCE 18

Category: Security
Date: 8/14/2020
Location: IMSI
Grievance Number: IM 200000403
Responders: Develbiss, Nicholas Baird, Tyrell Davis

Notes: Communication describing sexual misconduct of staff was censored leaving the facility.

IM 200000403

Related materials: Grievances II 190000285, CF 190000104, IM 190000181, IM 190000216, II 190000578, IM 200000170, Grievance attempt 2-25-20, Grievance IM 200000377, Grievance IM 200000411.

GRIEVANCE 19

Category: Security
Date: 9/17/2020
Location: IMSI
Grievance Number: IM 200000456
Responders: Nathan Roe, Nicolas Baird, Tyrell Davis

Notes: News article reporting COVID-related violence was censored coming in to the facility.

IM 200000456

Related materials: Grievances II 190000285, CF 190000104, IM 190000181, IM 190000216, II 190000578, IM 200000170, Grievance attempt 2-25-20, Grievance IM 200000377, Grievance IM 200000403, Grievance IM 200000411.

GRIEVANCE 20

Category: Conditions of Confinement
Date: 2/19/2021
Location: IMSI
Grievance Number: IM 210000080
Responders: Justin Gibney, Klinton Hust, Tyrell Davis

Notes: Ad-Seg reform policy was never implemented, and an interim policy has never been established.

IM 210000080

Related materials: IM 200000280.

GRIEVANCE 21

Category: Policy or SOP
Date: 6/7/2021
Location: IMSI
Grievance Number: IM 210000239
Responders: Southwick, Susan Wessels, Tyrell Davis

Notes: Mail policy prevents residents from mailing case information involving codefendants and classes, and is worded to prevent legal resources and references from being sent through the mail also.

IM210000239

Related materials: None.

GRIEVANCE 22

Category: Complaint Against Staff
Date: 9/24/2021
Location: IMSI
Grievance Number: IM 210000456
Responders: Hottinger, Wessels, Richardson

Notes: Late parole packet and request for extension

IM210000456

Related Materials: Idaho Department of Correction Parole Hearing Interview Packet, IM210000538

GRIEVANCE 23

Category: Policy / SOP
Date: 11/7/2021
Location: IMSI
Grievance Number: IM 210000538
Responders: Southwick, Neville, Richardson
Disposition: Modified

Notes: Outdated policy/SOP documents

IM210000538

Related Materials: IM210000456

GRIEVANCE 24

Category: Policy / SOP
Date: 9/30/2021
Location: IMSI
Grievance Number: IM 210000467
Responders: Southwick, White, Gentry
Disposition: Denied

Notes: Tracking of Charitable Donations. Records of Iimate property donations are lacking. IDOC is unable to produce any records, including donation recipients and donated value receipts.

IM210000467

Related Materials: None:

GRIEVANCE 25

Category: Medical
Date: 12/14/2021
Location: IMSI
Grievance Number: IM 210000615
Responders: Michael Grace, Tonia Reidy
Disposition: Modified

Notes: This is concerning receiving receipts for medical co-pays that were excessive. IDOC Medical referred the offender to IDOC Fiscal. Grievance 27 was sent to IDOC Fiscal and then Fiscal rerouted back to IDOC Medical.
All excessive fees have since been reimbursed.

IM210000615

Related Materials: IM210000616, IM220000032

GRIEVANCE 26

Category: Medical
Date: 12/14/2021
Location: IMSI
Grievance Number: IM 210000616
Responders: Michael Grace, Tonia Reidy
Disposition: Modified

Notes: This is concerning excessive medical co-pays. All excessive fees have since been reimbursed.

IM210000616

Related Materials: IM210000615, IM220000032

GRIEVANCE 27

Category: Medical
Date: 1/13/2022
Location: IMSI
Grievance Number: IM 210000616
Responders: M. Chick, \<unknown\>
Disposition: Modified

Notes: This is concerning receiving receipts for medical co-pays that were excessive. In Grievance 25 IDOC Medical referred the offender to IDOC Fiscal. Grievance 27 was sent to IDOC Fiscal and then Fiscal rerouted back to IDOC Medical.
All excessive fees have since been reimbursed.

IM220000032

Related Materials: IM210000615, IM210000616