Updates

Previous: First Amend This!: An IDOC Newsletter, 3.21.20

WELCOME to the April edition 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.
…

Out 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.
…

INCREASE IN RECIDIVISM LIKELY

Over 17,000 offenders, now facing unemployment, hunger and homelessness can expect additional problems with Probation and Parole, as complying with both requires more than an effort: Housing, transportation, and flexible work schedules are just some of the factors that need to be steady. And where finding employment as a felon is difficult, the difficulty increases for those on supervision — and increases again with rates of high unemployment.

Because the Department allows Probation and Parole Officers to interrupt one’s work with a beckoning call, supervisees, expected to report immediately for random drug testing and interrogations, seldom find employers sympathetic to their unscheduled absences. And rightfully so, as the nuisance stands out among reliably attendant applicants.

Should an offender get fired from a job for leaving to report, they risk violation when reporting for failure to stay employed. The same violation can come from seasonal layoffs or business closures during an economic depression: Failure to keep a job equals parole non-compliance. Period.

Businesses still open, now flooded with new-hire options of people in the community who haven’t offended against it, may understandably lean towards non-offender struggles. And with recently stable offenders joining the populace economically challenged, what should we have them expect?

And the people soon to leave prison?

What’s the plan for he or she who is unable to pay for a urine analysis with the monthly Cost of Supervision? What’s the message for those with violation anxiety when it’s time to report? Because not reporting is a sure ticket back, and an offender on the run has dramatic potential.

With post traumatic stress from previous incarcerations, offenders faced with the potential of new incarceration during their family’s time of crisis require a level of understanding and outreach that considers therapeutic digressions.

Governor Little recently announced funding for crises centers that would offer support for high-risk-potential recidivists. But it’s unclear how far that funding will carry as a surplus of factors increasingly add stress to the system. What is clear is that the Office of Performance Evaluations recently announced that when violations weren’t increasing, recidivism was — among talk of already building a new prison, before the coronavirus was ever a thing.

What should the community expect of its felons?

Does it expect them to sit around suffering when they’re well-versed in creating economies that offer opportunity? Just how much education and training did the community offer them in prison, versus time to network with criminals and add moves to their game?

When the dust finally settles, and two more $500,000,000 prisons are required to contain the survivors that did their best on their own, we may have a chance to see what could have been saved, had we offered them armor that was hard-times-resistant.
…

GOVERNOR LITTLE NOT INTERESTED IN COMPASSIONATE RELEASES

Non-violent, older offenders, facing elevated coronavirus risks will not be considered for release at this time.

We recommend that you fill out the paperwork anyway. They may reconsider when things start to get worse.

If you experience health issues or are denied adequate care, please reference our Special Alert: Coronavirus Emergency issue for a list of healthcare policies that apply to you.
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NEW WARDENS — ALLEGEDLY

Rumors of new wardens may not be rumors. Warden Davis has stepped in for Warden Yordy at IMSI, after rumors began last month that three wardens were scheduled to retire in April. IMSI staff has indicated that Wardens Christensen and Ramirez, from ISCC and ISCI, are also leaving — fueling speculation over new directions the Department may be taking.

We welcome Warden Davis to IMSI.
…

FIRST AMEND THIS! WINS BATTLE OVER MAIL RESTRICTIONS

Limits are no longer allowed to be placed on 6×9 envelopes, following Grievance Number 200000050. Or so they say…

Despite Level One Responder Sonia Herrera’s interpreting the numerical value “30” to represent “an unlimited amount” when placed next to “envelopes,” Mr. Gary Hartgrove was able to read the property policy as one that doesn’t restrict orders on envelopes of the 6×9 size.

However, when FAT’s order arrived last week, it was short of envelopes entirely. And where, in the past, limits grieved were placed at 20, this week’s limits were placed at 21. Flagged as an act of staff antagonizing the exercise of constitutional rights, Chief of Prisons Chad Page and Keefe Contract Monitor Juliet McKay were notified the behavior is unacceptable.
…

Unfortunately, after this issue went to press, Juliet McKay ignored Deputy Warden Hartgrove’s ruling in her response: “Please see SOP 320.02.01.001, pg. 5 of the property matrix — envelopes 20.”

To which we let Juliet know, one more time: “Page 5, Property Limits, SOP 320.02.01.001, to which you referred me to, only limits stamped envelopes, not 6×9 non-stamped or manillas, as grievance IM 200000050, to which I referred you to, clearly acknowledged when granted in my favor. Had you taken time to view Gary Hartgrove’s response as requested, you would have seen this. To be clear: IDOC policy will never trump the Constitution, and limiting the ability to contact press, government officials and legal counsel is a no-no.”

…
WARDEN YORDY BUSTED OBSTRUCTING INVESTIGATION OF STAFF MISCONDUCT

Grievance IM 200000050 provides new examples of a problem highlighted in our December issue: Staff preventing allegations of employee misconduct from reaching IDOC’s Special Investigations Unit.

In our March issue we discussed two separate grievances: Grievance One addressed limitations placed on mailing materials, Two addressed our editor being alone in experiencing the limits — as an act of retaliation meant to hinder presenting IDOC issues.

Despite clarifications separating the issues, and a substantial amount of documentation premising the allegation, Grievance Two, filed 2-25-20, was returned unprocessed, and said to be too similar to Grievance One — with Warden Yordy’s instructions that the second issue be presented in Grievance One’s appeal.

This is the appeal and its response:

OFFENDER APPEAL

Please refer to Grievance IM 190000181 — Sgt. Trobock obstructing my mail flow: Barlow-Hust implies Keefe will be instructed to impose limits. They were first imposed around this time. They have also been lifted and reinstated several times since, depending on the previous weeks mail flow. Receipts 1315413, 1321764, 1321924, 1327205, and 1327297 indicate this is an ongoing, discriminatory practice [because other offenders’ orders were not limited at all]. Because I was denied the ability to file a separate grievance stating this an act of retaliation — after uncovering new information — I ask this appeal be forwarded to SIU, in accordance with [policy] 150.01.01.006 [Administrative Investigations], to be investigated as staff retaliation. This based off the fact that metering mail takes more work.
—

After denying staff misconduct its grievance process, and recommending instead to use the appeal, Warden Yordy responded to the appeal with this:

LEVEL 3 APPELLATE RESPONSE — Warden Yordy

This has become two grievances. Your first solution is for Keefe and the facility to stop putting restrictions on the number of 6×9 envelopes you can purchase. We have reached out to Keefe and asked them not to limit those. On your appeal, you add new information, additional grievances and allege retaliation, wanting this issue referred to SIU. We have provided an appropriate answer on your original grievance and are not going to refer this for investigation.
—

Realizing Warden Yordy had expired the time to file Grievance Two by instructing its submission as Grievance One’s appeal, this letter was sent to the Department’s main office:

3-24-20

Dear Nicole Fraser [Special Investigations Unit]:

My ability to file a grievance for staff misconduct has been obstructed, again. I recently filed grievances regarding two separate issues. One, limits placed on stationery used to contact media, legislators and legal advocates. Two, that I was only inmate these limits had been placed upon. The second grievance was returned unprocessed — stated as too similar to the first — with a note suggesting my concern of being singled-out would be heard if presented in Grievance One’s appeal.

In using the appeal as suggested, the appellate response stated the concern was an issue for a separate grievance — with the filing period having by then expired. I’ve been addressing the difficulty offenders have holding staff accountable for almost a year now, using every administrative option available. You were notified when my troubles began, and you told me to utilize the grievance system then. What is your recommendation knowing that almost a year later, staff continue to obstruct SIU from investigating misconduct?

Patrick Irving 82431
—

A similar message, sent via concern, requesting Grievance Two be reconsidered was met receptively by IMSI’s grievance officer, and then approved by Warden Davis. But since the Prison Litigation Reform Act considers a grievance obstructed to be a grievance exhausted — which litigating complaints as a prisoner requires — this more inclusive grievance was submitted in its place:

Grievance, 3-25-20 [Number Unknown]

THE PROBLEM IS

I’m facing continued retaliation for publicly presenting group issues: Limits were placed on my ability to contact media, legislators and legal advocates, and then I was denied the ability to grieve why the act occurred — despite presenting documentation that illustrates how I was singled-out at staff’s direction. This is not the first time an allegation of employee misconduct has been obstructed from investigation following my attempts to address it. Took place 2-25-20, 3-04-20

I HAVE TRIED TO SOLVE THIS PROBLEM INFORMALLY BY

Concern Forms, Grievance from 2-25-20, Grievances IM 190000181, IM 190000216, II 190000578, IM 190000484, IM 200000050, II 190000285
[Will soon be made available. With a link]

I SUGGEST THE FOLLOWING SOLUTION FOR THE PROBLEM

Stop retaliating against me for presenting group issues. Refer this matter to SIU per policy 150.01.01.006, to consider all references included. Retrain staff and adjust policies as needed.
—

We’ll have more on this story as it develops.
…

VIEW OTHER FAT! BATTLES

These Book of Irving links are certified “fresh”:

Battle For Dish Soap At Eagle Pass
IDOC Now Hiring: Alchemist Wizards Wanted
Litigation Interests? Please View
FAT! December
FAT! January
FAT! February
FAT! March
Breaking News: IDOC Censors Local News Coverage — Leaving Inmates to Wonder, Is Director Josh Tewalt the Angel of Death?
FAT! Special Alert: Coronavirus Emergency
FAT! 3.21.20
Excessive Use of Tort, #4
…

HORRORSCOPE
—

THE BOOK OF IRVING PREDICTS

Nine months
Unemployed
Depression
Again
The same
Local municipalities
Cling to the States
Away swim the Feds
Both drowning
A new wave of babies
Nine months
The lonely and bored
Have imbibed
Come will they next
And be them all Boomers
Continuous cycles
Of nine.
—

Interpretation: You’re a naughty bunch.
…

A MESSAGE FROM THE DIRECTOR

03/26/2020

Following the guidance of Idaho’s public health experts, Governor Brad Little issued a statewide stay-home order today for all Idahoans. The order directs all residents of Idaho to self-isolate and stay and work from home as much as possible — unless they work in healthcare, public safety or an identified essential business. The stay home order is in effect until April 15th.

Here’s what this means for IDOC and you:

We’re extending the closure of visiting and volunteer services through April 15th. I know that sucks, but the Governor issued the stay-home order because there is evidence of community spread of COVID-19. That basically means they can’t trace the origins to travel or a specific exposure from outside the area. Long story short, our best bet at keeping people safe and not overwhelming the healthcare system is to try to slow the spread as much as possible. We’re going to keep doing everything we can to try to increase opportunities and ways for you to connect to your friends and family.

We’re taking extra precautionary steps to try to keep you safe. First, we’re continuing to do medical screening for everyone entering our facilities. This health emergency will approach us from the outside, and we need to do everything possible to protect our front door. We’re also screening everyone coming into our system from counties BEFORE they get on state transport. If we’re unsuccessful at keeping it out of our front door, we’re building in additional layers to protect the most vulnerable of our population. Each facility has identified those most at risk of severe adverse medical consequences and either have or will be moving them to special housing to provide an extra layer of protection. Those moves should be completed by Friday.

I’ve heard a number of rumors especially in the last couple days. I wanted to clear up some things and hope you’ll help me spread the word. We have not had any people in our system test positive for COVID-19. As of this evening, we’ve submitted 8 samples for testing and all have come back negative. We’re going to be as aggressive as possible at isolating anyone who is exhibiting flu-like symptoms so we can minimize exposure to others and get tests submitted. I know word can spread fast when someone is isolated, but we do that for your safety and we’ll be just as quick to ease restrictions when we get the all clear. Because COVID-19 presents with symptoms associated with influenza, we’re going to treat everything as worst-case scenario until we can confirm otherwise. I promise all of you that if someone tests positive in our facilities, you will not hear it from staff, medical, your family, friends or see it in the news BEFORE you hear it from me.

I also heard yesterday that a rumor is spreading that we brought 40 people into our system from Blaine County and no medical screening took place for the alleged transport. Both are completely untrue. Not only have we not done a mass movement from Blaine County, but everyone getting on transport gets screened. Given that Blaine County has been under a Shelter in place order, any movement from there would require extra considerations. Long story short, it didn’t happen nor would we allow it to happen.

Please tell your family members to check our social media pages for updates. We also have been posting my daily messages to staff on the external website if they’re looking for more information.

I’m not going to sugarcoat it: It’s likely to get worse before things get better and we need to think of this as a marathon and not a sprint. I hope you know how seriously we’re taking this public health emergency and how much we genuinely care about your well-being. Thank you for all you’re doing to keep your living a common areas clean. We’re all in this together. Take care yourself and keep looking out for each other.

Thanks-

Josh
…

Thank YOU, Josh. This one’s for you:

“Domino (feat. Fitz)”
— ZZ Ward

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

3-23-20

Chad Page (Chief of Prisons):

You requested an update if I encountered any additional difficulty providing notification of the $133.77 claim I’ve been trying to present — regarding property that went missing during my transfer from Texas. The update is as follows:

I filed with Small Claims on one paralegal’s recommendation. Another said, once filed, he’d serve my claim directly. My claim, filed, naming Warden Yordy, was given to that paralegal, then given to Brent Phillips, with whom it sat for two weeks before returning unserved. It’s while acknowledging the new paralegal is working with a learning curve that I count five times IMSI has now failed to provide some form of delivery for the same claim — spanning back to September.

Please take a moment to consider the initial grievance’s handling:

GRIEVANCE CF 190000115

I was moved from Texas 3-19. Starting early April, my property began being delivered in weekly increments. Several items that were to be transferred are not accounted for, including: TV, coax cable, book light, watch, oils, paycheck, USB drive containing legal work, and property inventory sheet from 3-18-19. Property was received 4-4 and 4-11. Inquiries were made 4-4, 4-6, 4-11, 4-18, and 4-24 regarding various items.

[I suggest: Replace items or provide compensation, forward my paycheck, investigate legal files, provide copy of 3-18-19 inventory sheet.]

INITIAL RESPONSE by [Responder didn’t give their name]:

EPCF has sent the remaining mail to your current facility. The work roster for March does not show you assigned to a job, therefore EPCF does not owe you a paycheck. On 3-18-19 you signed a property sheet after it was inventoried, you did not mention or note any missing or lost property.

LEVEL 2 REVIEWING AUTHORITY RESPONSE by Adam Martinez:

I concur with staff statement.

OFFENDER APPEAL:

All property mentioned is listed on the property sheet I signed 3-18, with the exception of the oils, which are held by the chaplain, and legal work, which is in the law library. The nature of an inventory sheet is to document what is there, not what is missing. Please take the time to reference the [inventory sheets and receipts] I have provided, and the [missing] property sheet from 3-18, which lists several items in question. If you read the problem again, you may note the move was 3-19 and [items inventoried 3-18] were unaccounted for upon my arrival to Idaho…

APPELLATE AUTHORITY RESPONSE by [Responder didn’t give their name]:

All property listed on 3-18 inventory sheet was packed and shipped 3-21-19. The oils were ordered on 6-14-19 and delivered to your unit. The only legal work is the facility USB [which] will be shipped on 6-13-19. Mail has been forwarded on multiple occasions…

Chief Page, had the Department successfully delivered my notice of tort the first four times it was put in the mail, you’d have seen for yourself how the appellate response was completely inaccurate. I’m now inspired to learn how to file motions for transport, while the taxpayers’ expense begins to look like this: $133.77+69 for filing fees+service fees+transport+wages of employee that represents the Defense.

Other documentation tells the story of a legal-work USB that never arrived. Instead its contents were provided scattered and missing, in a parcel that was delivered a month after postmarked, already open, despite being clearly marked as “Legal Mail.”

Considering the several months it took my remaining Texas legals to reach me — after being transferred for collecting signatures to present complaints as a group — and knowing new restictions have been placed on my ability to seek counsel, you can imagine how these issues begin to conflate.

It’s while presenting these issues directly to you that I’ve made sure to see them travel great lengths: Making it easy for spectators to wonder, at what cost will the Department not admit their mistakes?

In friendship and incarceration,
Patrick Irving 82431

—
(2of2)

3-23-20

Clerk of the Court:

I was told prior to filing this claim [included] the paralegal at my facility would be able to serve it. After being held for two weeks, it was returned to me with a notice that it must be served upon the deputy attorneys general assigned to the Idaho Department of Corrections. The Department then notified me that if I were to return it to you with the fee enclosed, you would arrange for its service.

Please let me know if this is inaccurate, and if it is, what I can do to see this claim through.

Thanks,
Patrick Irving 82431

Previous: First Amend This!: An IDOC Newsletter (Special Alert :Coronavirus Emergency)

WELCOME to 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.
…

Out 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.
…

FROM THE EDITOR

Our publication schedule has moved to “as-needed” for the foreseeable future, to address situations that are rapidly evolving.
…

IDOC TAKES PRECAUTIONS FOLLOWING IDAHO’S FIRST CONFIRMED CASE OF COVID-19

Following March 13th’s state of emergency declaration from Governor Little, and an announcement that COVID-19 was confirmed in Ada County, IDOC implemented their Incident Command System and placed all in-state prison facilities on a modified secure status.

All volunteers and visitation are banned, and rehabilitation programs and recreation is restricted to offender housing units. Orderly operations are set for timely reviews.

Director Josh Tewalt and Corizon Health services have kept in-state offenders and their loved ones informed through JPay Messaging and IDOC’s website. Memos, digital and paper, have been delivered to offenders regularly. Here are the messages they contain:

— The Commission of Pardons and Parole has implemented options for parole hearings to prevent virus transaction. Hearings will continue to be held, and victims, families and attorneys will be able to present remotely through telephone or video conferencing.

— American Legion Post 202 and others are helping clean and sanitize common living areas.

— 2 free phone calls per week will be provided from CenturyLink.

— JPay will offer 2 free estamps each week for email or videograms.

— Keefe will be giving everyone a complimentary hygiene kit and a snack, while temporarily increasing the commissary spending limit from $100 to $150 per week.

— IDOC is piloting video calls at a couple institutions. Bandwidth limitations currently prevent several facilities from supporting that option. Ways to provide access to video visiting/calling without crashing our system are being considered.

— Medical screening is being conducted prior to entry at all facilities.

— Medical copays have been suspended and people experiencing any form of symptoms are encouraged to see Medical. Flyers in common areas describing the symptoms associated with COVID-19 are being distributed to provide direction for those experiencing signs.

— Corizon Health regional office is having their providers review offsite consultations and reschedule those that aren’t urgent or emergent. Appointments that have been deemed routine will be rescheduled to a later date with community providers.

More information will be shared as it comes available.
…

First Amend This! has yet to confirm if triage delays have been addressed following our last issue.
…

FOR 610 IDOC INMATES ON THE NOW-CLOSED MEXICAN BORDER, THINGS WILL BE A LITTLE BIT DIFFERENT.

Eagle Pass Correctional Facility doesn’t have the space to allow social distancing. Their negative-pressure isolation modules are no more than a few, and with the exception of Restrictive Housing Units, and two open dorms, EPCF crams eight men in a cell. There is no real ability to isolate.

To prevent the threat from entering the facility, staff are undergoing examinations prior to entering the building. But there may not be enough to cover shifts if even a few are flagged as a risk: 2018’s offender disruptions required GEO to call staff from surrounding areas to contain two separate situations involving small groups of inmates. Where IDOC is capable of responding to similar situations at any facility in minutes, GEO Group took hours to organize their response.

While Duncan Regional Medical Center is approximately twenty minutes away, it will take more than forty minutes for an ambulance to take an emergency where it needs to go — that’s if Medical calls when they’re suppose to. (Kevin Bliss reminds us again of Kim Taylor’s 2019 death in this month’s Prison Legal News article, “Death Highlights Need for Change In Texas GEO-Run Prison.“)

I can also confirm false claims of treatment and restrictions have been placed on the practical use of EPCF’s medical equipment. After I was told by the dentist an X-ray was needed, a non-dentist said he was wrong. Witnessed with an IDOC health care monitor in the room, the non-dentist was quickly corrected.Monte Hansen was alerted of a records falsification during my quest to save The Savable Tooth.. He was not interested.

EPCF also doesn’t have JPay or CenturyLink, due to GEO’s contractual arrangement with Global Tel Link. Fortunately, GTL is offering one free 15-minute video visit and two 5-minute phonecalls a week, for the next four weeks. Unfortunately, their Telmate system requires an account balance to read incoming messages, at the rate of three- to five-cents-per-minute — hindering emergency updates from home.

We suggest Contract Monitors Tim Higgins and Monte Hansen spend more than one-day-a-week ensuring compliance issues and medical needs are being met, assuming on-site monitoring is now taking place at all.

See our last issue for sanitation concerns at this facility.

There are currently no confirmed cases of coronavirus in Maverick County.
…

We’d like to know what’s happening at EPCF. If you have relevant information, please leave it in the comments section of any FAT! edition. Offender/family concerns will be forwarded to officials and press.
…

“The Gambler”
— Kenny Rogers

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

09:26 3-18-20

Dear Reader,

I was living in the apocalypse before it was cool: Six years ago, I went batshit crazy.

Today I’m considered a thinker.

God just signaled the Mormons, which means they were right. Unless, of course, they stole that earthquake from the Southern Baptists. Anyhow, everyone else, sorry for your luck.

Now that toilet paper’s short and everyone’s buying guns, I believe I owe Mother an apology. But, Mom, both of us have had a Revelations experience — the only difference between them was I commandeered a bomb shelter. A few months from now and you might have been proud.

Guys, I’m still very sorry about the arson that resulted. But at least I can say that I once tried the Bible. I guess it just doesn’t work the same for everyone. Maybe that’s a message some people should hear.

Five years ago this was all a psychosis. Unless you’d care to imply I was ahead of the curve. I suppose there’s a time to go batshit and a time to not. If you figure the difference, please let me know.

Lovingly embattled,
Patrick Irving 82431

Previous: First Amend This!: An IDOC Newsletter, Mar 2020

WELCOME to the IDOC IS NOT PREPARED FOR THE CORONAVIRUS 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.
…

Out 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

This issue is presented unscheduled to address realtime IDOC emergencies.

As the Idaho Department of Correction continues to withhold information from the public, they’re also preventing public information from reaching their inmates. Distribution chains for lethal injections, local news coverage, and medical policies: What’s next to be censored in our State’s time of crisis?

What you are about to read is real. Please help introduce it to the realm of public knowledge.
…

TRIAGE DELAYS AT IMSI TAKE UP TO A WEEK — AHEAD OF THE CORONAVIRUS OUTBREAK.

With healthcare workers at several facilities short-staffed, Corizon isn’t meeting triage demands. Policy requires medical assessments within 24 hours of initial request, but at IMSI they’re taking up to a week.

This reporter’s recent Health Services Request specified intensifying ear pain, and was submitted one day after abstracting a tooth. Two requests made while waiting to be seen sought non-narcotic relief for intensifying pain. They were followed by another describing intolerable pain from the site of the abstracted tooth.

I was assessed six days after my initial request, by a Corizon employee from the regional office who had been tasked with helping our facility “catch up” in triage. Unable to conduct a proper exam, he said he’d schedule me to another, later in the day. 24 hours later, I was finally seen, and a full week had passed since I first expressed concerns of a potential infection.

My requests for healthcare SOPs began February 26. As of March 13th, none have been provided. An unrelated policy request for property was filled — with a policy version from 1997.

Nurses, provided anonymity to prevent retaliation, confirm that Pill Call trumps triage when there aren’t enough workers to attend to them both. Hence the delays that have been spanning for months.

As IDOC limits our grievances, I’ll not file one at this time. Instead I encourage others to do so, especially if in need of ongoing care.

I recommend these IDOC policies if you are denied adequate medical treatment:

Prevents Procedures 316.02.01.001
Clinical Services and Treatment 401
Access to Care 401.06.03.001
Clinical Performance Enhancement 401.06.03.013
Continuity of Care During Incarceration 401.06.03.044
Death: Procedures in the Event of… 401.06.03.011
Diagnostic Services 401.06.03.029
Emergency Medical Response Plans 401.06.03.007
Emergency Services 401.06.03.041
End-of-Life Decision Making 401.06.03.086
Environmental Health and Safety 401.06.03.015
Health Assessment 401.06.03.034
Health Evaluations for Offenders in Restrictive Housing 401.06.03.045
Health Record 401.06.03.060
Health Services Reports 402.06.03.088
Healthcare for Offenders in Non-IDOC facilities 401.06.03.087
Hospital and Specialty Care 401.06.030
Infection and Ectoparasite Control 401.06.03.014
Infirmary Care 401.06.03.052
Medication Services 401.06.03.089
Next of Kin: Emergency Notification 401.06.03.010
Non-emergency Healthcare Requests and Services 401.06.03.037
Nursing Assessment Protocols 401.06.03.043

While I wasn’t provided any one of those listed, I was delivered a request to update my emergency contact information in the middle of the night. The note attached called it a standard request upon reclassifications. But being that I was reclassified a year ago, I now have more questions than when I first started: It was the first time in my fifth year down that I’ve been asked to update my emergency contacts.
…

GEO GROUP PUTS INMATES AT AN ELEVATED RISK — IS WARDEN WAYMON BARRY THE ANGEL OF DEATH?

2018-2019’s Battle For Dish Soap at Eagle Pass Correctional Facility — a GEO Group immigration facility, hastily converted for IDOC inmates — deserves yet another spotlight among the coronavirus pandemic. The following communications — obtained here first — illustrate how Waymon Barry’s neglect has mass-casualty potential. They have been publicly available for almost a year, and IDOC has been aware of them since:
—
(1/10)

Patrick Irving 82431
Eagle Pass Correctional Facility
P.O. Box 849
Eagle Pass, TX 78853

February 20, 2019

Texas Commission on Jail Standards
P.O. Box 12985, Austin, TX 78711

Dear Steve Darilek,

I have received your response to my letter.

I am now in possession of the standards regulating county jails and private contractor facilities — outlined in the Texas Minimum Jail Standards, codified in the Texas Administrative Code, Title 37, Public Safety and Corrections, Chapters 251-301.

I am submitting a formal complaint. It is as follows:

Our entire inmate population has had our dining utensils sanitized a maximum of two times from October 5, 2018 to present. We are not receiving the daily rations of dish soap EPCF suggests they are providing us in the inmate handbook, which is the version submitted to the Commission’s approval. We would like to wash our sporks in the increments recommended by the appropriate health authorities.

Included are grievances and communications attempting to address this issue. The most recent grievance appeal has exceeded the 60 calendar days the Minimum Jail Standards require grievances to be processed within.

My communications with you are being returned for your reference. Thank you for your consideration.

Best regards,
Patrick Irving 82431
Inmate Services
—
(2/10)

Patrick Irving 82431
Eagle Pass Correctional Facility
P.O. Box 849
Eagle Pass, TX 78853

February 20, 2019

Center for Disease Control and Prevention
1600 Clifton Rd., Atlanta, GA 30333
[CC: Texas Department of State Health Service]
[CC:Inspector General of Health and Human Services]

Dear Concerned Parties:

Is it possible for you to encourage our local health services department to provide a response for the situation unfolding on the Mexican border, here in Texas? I alerted them February 2, 2019, by way of USPS, that the Eagle Pass Correctional Facility’s entire inmate population has been dining with unsanitized utensils for almost five months now. They weren’t receptive to my request for intervention.

To provide context: While Eagle Pass lies on the Mexican border, our visitors can come all the way from Canada’s to see us because we are Idaho inmates. My dad travels from New Jersey to see me when his work voyages provide a quick stop in Texas. The prison staff themselves commute up to hours in every direction. The flu and other viruses have been targeting everyone that comes under our prison roof. Flu shots are only being offered to a select few.

A fellow inmate recently died from a heart attack after suffering from the flu for three weeks. He was still working in the kitchen for part of that time. That and other health concerns have already met the press in Idaho. There is no communicating the need for proper sanitation to our private prison hosts. Some of the documentation I’m including may have you agree with that statement.

I’m uncertain of the local authorities. They are suppose to have been here occasionally. They may or may not have in the last five months. I dare say I think they use a rubber stamp. I’m concerned about the potential of contributing to long-ranging transactions with all the different travelers we come in contact with.

Please investigate.

Best regards,
Patrick Irving 82431
—
(3/10)

Patrick Irving 82431
Eagle Pass Correctional Facility
P.O. Box 849
Eagle Pass, TX 78853

February 20, 2019

Eagle Pass Health Department
1593 S Veterans Blvd., Eagle Pass, TX 78852

Dear Concerned Parties,

Have you moved? Were you not notified the Trump Shutdown has ended and your work may continue? Based on your lack of response to a letter expressing immediate concerns, sent to you on 2/1/19, we’re all worried about you here at Eagle Pass Correctional Facility.

Are you being held against your will? I can pass a message for you. I am sending out widespread requests to state and federal authorities for a proper search of you, in lieu of all your absences.

Is it that you have been misinformed? Allow me to lay to rest that EPCF isn’t a clever acronym for a secret Level 5 safety zone with militarized contamination containing abilities. Nor are we so foreign as Idahoans that our immune suppressors have biologically evolved over the course of 6,000 years in such a way that they are naturally resistant to E. coli, salmonella, and other viruses migrating from an entire Mexican population across the border this time of season.

I have a pen pal with a degree in medical science, I could make her available to explain traveling epidemics on short notice. Google would probably be happy to help identify the responsibility enhancements one should consider regarding their georelevant transaction potential.

Unlike our prison staff, I say you do respect your Mexican neighbors. Actively trying to send them whatever continental illness that has traveled down to Texas to see their grandkids on holiday is something only meanies would do. Once the ails of your job-providing visitors have had their way with your local economy — complicit in biotrafficking — the media noise alone would be enough to upset your neighbors. Of course you wouldn’t have them share our sickness as well.

I’m certain we’re all capable of recognizing a bad business model. This would put you in the red way before litigation ever had a chance to start. I know for a fact it’s scientifically impossible, for decades now, to make babies so incapacitated as to not see this. Fool me once, shame on me. Fool me twice, well — you ain’t gonna fool me again! A famous junior Texan president once said that.

Again, with Geography, we’re nowhere close to Gomorrah. I’d be hard-pressed to believe the entire staff at the Eagle Pass Health Department is of the impression that my criminal behavior excuses theirs. I have more faith in humans as a common derelict than what it would take to believe there are presently good Catholic folks running around saying, “An eye for an eye,” when it comes to the health and safety of their children and elderly.

Anyhow, we’re all sick now. Someone did die. He had the flu for three weeks while he worked in the kitchen. The same kitchen that still doesn’t collect and wash our sporks or offer us dish soap to do it ourselves. Actual cause of death was a heart attack. Wink, wink!

The prison staff must not take vitamins because a lot of them are sick, too. I haven’t been in a car for a while, but I imagine commuting up to a couple of hours in any given direction, every day, with the flu is no joke. Sucks to be them, and their families, and their local communities, etc.

Anyhow, like I said, we don’t need your help trying to get our dining utensils some dish soap at least twice this year. I have what you might call an untethered resourcefulness. I just wanted you to know I’m worried about you. Please don’t be upset when the suits show up. I just sent them to make sure you’re okay.

Representing: Friendly, Unfeigned, Concerned, Kindred — Yelling Our Unrest,

Patrick Irving 82431
Inmate Services
—

Texas Commission On Jail Standards
P.O. Box 12985
Austin, TX 78711
Voice: (512) 463-5505
Fax: (512) 463- 3185
http://WWW.tcjs.state.tx.us
info@tcjs.state.tax.us

Patrick Irving #82431
C/O Eagle Pass Correctional Facility
PO Box 849
Eagle Pass, TX 78853

February 26, 2019

Dear Mr. Irving,

Your letter regarding the Eagle Pass Correctional Facility was received, however this agency will not be taking action on your complaint for the following reason:

Repetitive issue answered on a previous complaint.

According to your letter, the grievance/appeal you submitted at the facility was answered. Your concern is being addressed by administrative staff.

Your letter is being returned for your reference.

Sincerely,
Steve Darilek
TCJS Compliance Officer
—
(5/10)

Patrick Irving 82431
Eagle Pass Correctional Facility
P.O. Box 849
Eagle Pass, TX 78853

March 6, 2019

Texas Commission on Jail Standards
P.O. Box 12985, Austin, TX 78711

Dear Steve Darilek:

I have received your response to my complaint. Regarding this issue:

This is an ongoing issue. It is not repetitive. This issue has never been resolved by Eagle Pass Correctional Facility or formally addressed by the Texas Commission on Jail Standards.

The communication prior, you specifically told me to utilize the grievance procedure and resubmit my complaint for you review. The last solution the administrative staff offered, but never implemented, was on 1/10/19.

If the dish soap bottles have been ordered, they haven’t been made available to the inmate population. I have included affidavits for your reference.

Is it possible to obtain any transmissions with The GEO Group, Inc regarding my communications with the Texas Commission on Jail Standards?

Please reconsider my complaint regarding sanitation. My communications with you are being returned for your convenience. Thank you for you consideration.

Sincerely,
Patrick Irving 82431
Inmate Services
—
(6/10)

Patrick Irving 82431
Eagle Pass Correctional Facility
PO Box 849
Eagle Pass, TX 78853

March 12, 2019

Texas Commission on Jail Standards
P.O. Box 12985, Austin, TX 78711

Dear Steve Darilek:

I presented a complaint to you February 20, 2019. This letter is specific to that complaint (dish soap not being provided for sanitation.)

The update is as follows:

Dish soap was provided on March 7, 2019 in labeled bottles to multiple units. Most units have since used their bottles and have been awaiting refills since March 8, 2019. We have been continuously requesting the bottles be refilled by all available staff. They have been unable to assist us.

I am hopeful I can resolve this complaint without additional assistance. I will keep you updated should you indicate your interest in this matter.

There are no other updates. I am including our previous communications for your reference.

Warm regards,
Patrick Irving 82431
Inmate Services
…

BREAKING NEWS!

We must break from these transmissions for another emergency broadcast — from what we’re hearing is…now a containment zone. The Battle for Dish Soap at Eagle Pass will continue after the constitutional emergency we’re cutting into right now…
…

The IDAHO DEPARTMENT OF CORRECTION IS CONDUCTING DAMAGE CONTROL in response to recent news coverage. Specifically, the March 5th Tommy Simmons article, “Idaho Faces Another Lawsuit Over Lethal Injection Secrecy” at idahopress.com — which spotlighted Director Josh Tewalt’s questionable purchase of lethal injection drugs in 2012 — and Rebecca Boone’s March 2nd article, “Organizations Ask Idaho High Court To Open Execution Records,” syndicated by the Associated Press.

First Amend This!: An IDOC Newsletter received notice March 10th from IDOC’s JPay e-mail system that the Simmons article “cannot be delivered.” Boone, who is a member of the Idaho Press Club, has been covering the story since 2018. Her initial coverage in the Spokesman Review, “U of I Professor Sues Idaho for Execution Records,” was also “returned to sender” on JPay.

Both articles were requested following a brief mention of Tommy Simmons article during a Friday Roundtable on Idaho Matters, a radio show hosted by Gemma Gaudette, on BSU’s public radio station 91.5 FM. A small portion of the article, read over-the-air, described now-IDOC-Director Josh Tewalt’s purchase of lethal injection drugs in 2012 “…in a Tacoma, Washington, Walmart parking lot, with a briefcase full of cash.”

In addition to censoring the realm of public knowledge from their inmates, IDOC has refused to abide by Idaho’s public record laws, following a suit brought by University of Idaho’s Professor Aliza Cover. Aliza is represented by the ACLU and supported in friend-of-the-court briefs by the American Bar Association, the Idaho Association of Criminal Defense Lawyers, the Idaho Press Club, the Associated Press, the Idaho Statesman, and KTVB News.

Local news agencies aren’t alone in their struggle of having Departmental information withheld. In 2018 Contract Monitor Monte Hansen required a public records request from our Idaho inmates in Texas who wanted to understand the grievance policy that the Department was implementing on the Mexican border — a basic necessity for bringing claims forth in court. While the policy is meant to be made available free to inmates at the time of request, it took months for them to receive an actual copy. And only then did it come from the ACLU.

More recently, back here at home, IDOC Long-Term Restrictive Housing policy 319.02.01.003 was discovered not to exist, despite a hard-copy update stating it was effective in 2018.

[Adapted for FAT! from Patrick Irving’s March 11th article, “IDOC Conducts Damage Control by Censoring Local News Coverage — Leaving Inmates to Wonder, Is Director Josh Tewalt the Angel of Death?“]

WE NOW GO BACK TO THE FIRST EMERGENCY BROADCAST — ALREADY IN PROGRESS…
…

(7/10)

Patrick Irving 82431
Eagle Pass Correctional Facility
P.O. Box 849
Eagle Pass, TX 78853

March 12, 2019

Eagle Pass Health Department
1593 S. Veterans Blvd, Eagle Pass, TX 78852

Dear Trusted Friends,

I hope you are in safe possession of this transmission. We have received a sample of the elixir on 3-7-19 from the federal militia. The transactions have seen immediate reductions. Once our numbers return to health, we can begin the tactical dispatching of those who reanimated.

We are unclear on how your population is fairing. All attempts to message your base have been met with radio static. If these words reach you, arm yourself with this knowledge for immediate survival: Those who walk again can only be effectively incapacitated with massive cerebral impacts or a clean severing of their spinal cord.

You must direct your assault in the way I have mentioned. Little Dicky learned this the hard way. We have also observed many of them can be herded with cartoon theme songs and Michael Jackson’s Greatest Hits. By Sticky Pete’s assumption, this suggests they have maintained some semblance of the predatory characteristics from their previous incarnations.

I am not certain this will be of help, but I refuse to give up hope for you. You must survive. Stay safe and trust no one. The locals are beyond questionable.

Godspeed,
Patrick Irving 82431
Inmate Services
—
(8/10)

Texas Commission On Jail Standards
P.O. Box 12985
Austin, TX 78711
Voice: (512) 463-5505
Fax: (512) 463- 3185
http://WWW.tcjs.state.tx.us
info@tcjs.state.tax.us

April 24, 2019

Patrick Irving #82431
C/O Eagle Pass Correctional Facility
PO Box 849
Eagle Pass, TX 78853

Dear Mr. Irving,

Your concerns regarding the Eagle Pass Correctional Facility have been reviewed by the inspector. After reviewing your allegations with the staff at Eagle Pass Correctional Facility, it was determined that no violation of jail standards has occurred.

According to Warden Barry, general population dorms are issued a bottle of dish soap each morning. You were moved to the RHU unit, where the soap was not being issued. After your grievance, the jail began issuing a bottle of dish soap to that section of the jail as well. Inmates have also had the option to use facility sporks and cups which could be returned after each meal.

While his investigation will be closed, we will continue to monitor the Eagle Pass Correctional Facility for compliance with minimum standards.

Best regards,
Steve Darilek
TCJS Complaint Inspector
—
(9/10)

5-23-19

Dear Steve Darilek,

Thank you for investigating food service sanitation at Eagle Pass Correctional Facility. I received your letter informing me of Warden Barry’s response, dated 4-24-19, on 5-21-19.

I apologize if you didn’t receive my update from 3-12-19, notifying you multiple units received dish soap for the first time on 3-7-19. It was delivered again 3-12-19, and appeared to be on track for a daily schedule.

In response to the information Warden Barry provided you regarding this situation, I was not in RHU when I submitted this complaint and the [3] affidavits attached to it. I will acknowledge RHU was provided with dish soap one day of the sixty I was housed there, between 11-11-18 and 1-10-19. Upon returning to population I collected the [61] signatures [I’ve] included [in this letter ] from multiple units across the entire facility. They support the factual accuracy of the claim that our entire inmate population was without the ability to sanitize utensils until 3-7-19. Having worked in the kitchen several months, I am capable of providing additional affidavits confirming the kitchen never had a system in place to collect, wash, and redistribute clean utensils for over five months during my stay.

I appreciate your continuing to monitor the Eagle Pass Correctional Facility for compliance with minimum standards. I will continue providing you with accurate and verifiable information in next week’s submission.

I am including materials for your reference.

Best regards,
Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707
—
(10/10)

Texas Commission On Jail Standards
P.O. Box 12985
Austin, TX 78711
Voice: (512) 463-5505
Fax: (512) 463- 3185
http://WWW.tcjs.state.tx.us
info@tcjs.state.tax.us

June 5, 2019

Patrick Irving #82431
C/O Idaho Dept of Corrections IMSI
PO Box 51
Boise, Idaho 83707

Dear Mr. Irving,

Your letter regarding the Eagle Pass Correctional Facility was received, however this agency will not be taking action on your complaint for the following reason:

Repetitive issue answered on a previous complaint.

Your letter is being returned for your reference.

Sincerely,
Steve Darilek
TCJS Complaint Inspector
…

And now you know why humans went extinct. I wish you better luck, robots!
…

“Brainless”
–Eminem

3-13-2020 07:43
Irving 82431 was here. He did his best.

…
AFTER THIS ISSUE WENT TO PRESS

03/13/2020

Message from the Director

Earlier this evening, Governor Brad Little announced Idahos first confirmed case of COVID-19 in Ada County. The person confirmed with COVID-19 had recently traveled to a conference out of state, was asymptomatic while traveling, and self-isolated at the first signs of illness.

This week, IDOC implemented the Incident Command System with a phased approach to prevention, preparedness and response protocols for COVID-19. Out of an abundance of caution, and the care and concern for staff and the people in our custody, visiting is suspended at all the departments correctional facilities statewide, including its community reentry centers, effectively immediately.

IDOC has also suspended all volunteer programs. Volunteershave beenasked to not report to the facilities.

All nine IDOC prisons statewide and CAPP will be placed on modified secure status at 9 p.m., Friday. Rehabilitation programs and limited recreation will continue in housing units. This precautionary measure is to assure the orderly operation of the prisons and will be reviewed on Monday, March 16, 2020.

Residents of IDOCs four community reentry centers will still be allowed to work in their communities.

Other measures taken by IDOC include:

–The activation of IDOCs Incident Command System to assure the prompt and effective deployment of resources in response to problems arising from the spread of COVID-19.

–The development of plans to screen people at entry points to IDOC correctional facilities for symptoms of COVID-19

–The co-payment charged to people in our custody for health-care services has been suspended to encourage the reporting of symptoms and treatment of COVID-19.

–The development of plans to modify operational policies to assure the continued supervision of probationers and parolees despite the spread of COVID-19 in Idaho. Those policies will be reevaluated on a continuous basis during this time.

This situation is very fluid, and well share additional information when it becomes available.If you feel unwell and exhibit symptoms of fever or cough, please contact Corizon to see if you should be tested. Please take care of yourself

Thanks-
Josh

Next: First Amend This!: An IDOC Newsletter, 3.21.20

3-11-20

BW,

Slow news week, huh?

“IDOC Conducts Damage Control by Censoring Local News Coverage — Leaving Inmates to Wonder, Is Director Josh Tewalt the Angel of Death?”

Don’t tell anyone.

PI

by Patrick Irving 82431

3-11-20 8:00 a.m.

The Idaho Department of Correction is commencing damage control in response to recent news coverage. Specifically, the March 5th Tommy Simmons article, “Idaho Faces Another Lawsuit Over Lethal Injection Secrecy” at idahopress.com — which spotlighted Director Josh Tewalt’s questionable purchase of lethal injection drugs in 2012 — and Rebecca Boone’s March 2nd article “Organizations Ask Idaho High Court To Open Execution Records,” as syndicated by the Associated Press.

First Amend This!: An IDOC Newsletter received notice March 10th from IDOC’s JPay e-mail system that the Simmons article “cannot be delivered.” Boone, who is a member of the Idaho Press Club, has been covering the story since 2018. Her initial coverage in the Spokesman Review, “U of I Professor Sues Idaho for Execution Records,” was also “returned to sender” on JPay.

In addition to censoring the realm of public knowledge from their inmates, IDOC has refused to abide by Idaho’s public record laws, following a suit brought by University of Idaho’s Professor Aliza Cover. Aliza is represented by the ACLU and supported in friend-of-the-court briefs by the American Bar Association, the Idaho Association of Criminal Defense Lawyers, the Idaho Press Club, the Associated Press, the Idaho Statesman, and KTVB News.

Local news agencies aren’t alone in their struggle of having Departmental information withheld. In 2018 Contract Monitor Monte Hansen required a public records request from our Idaho inmates in Texas who wanted to understand the grievance policy that the Department was implementing on the Mexican border — a basic necessity for bringing claims forth in court. While the policy is meant to be made available free to inmates at the time of request, it took months for them to receive an actual copy. And only then did it come from the ACLU.

More recently, IDOC Long-Term Restrictive Housing policy 319.02.01.003 was discovered not to exist, despite a hard-copy update stating it was effective in 2018.

We’ll have more on this situation as it unfolds.
…

Please alert the organizations above that they’ve been censored and help us share the stories that are being kept from us.

Also, keep your eye on the battle for our public records disclosure. It’s YOUR right to know.
…

This First Amend This! newsbreak is presented in alliance with the Book of Irving Project.

Solidarity in presshood!

 

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

WELCOME to the March 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 CONTINUES TO BE SINGLED OUT FOR RETALIATION following communication with media, legislators and advocates for legal assistance. Two grievances recently filed help illustrate the pattern that started last March:

The first grievance addresses new restrictions placed on orders of 6×9 envelopes as a misrepresentation of the Property Limits policy.

Last May Sgt. Trobock persuaded staff members Shewmaker and Barlow-Hust to adopt a flawed interpretation of what “stamped envelopes” means in the property policy that limits inmates to having 20 stamped envelopes in their possession. They now consider all envelopes stamped, including those not and also those received.

The reason for stamped-envelope limits is because stamps are considered a form of currency, whereas blank folded paper is not.

Sending non-stamped 6×9 envelopes through the mail-room to be metered allows one to save 20 percent of an already restricted budget. Thus any restrictions on non-stamped 6×9 envelopes effectively limits one’s ability to petition for outside assistance and inform the public.

It’s also typical in cases of the wrongly accused that they have to send hundreds or thousands of letters asking for case-review assistance. Which makes it possible that misrepresenting this policy could actually perpetuate a miscarriage of justice by lengthening the time it takes to reach an assist.

I’m not saying Trobock is sadistic — it’s far more likely just a product of laziness: metering mail creates more work.

The second grievance pertains to the fact that so far I am the only inmate these restrictions have been placed upon.

Several receipts from other offenders show they experience no issue while ordering the same amount of envelopes that I do. Where their orders are processed in full, my orders are left incomplete, and I’m given a receipt stating that same envelopes ordered are currently “out-of-stock.”

This experiment was repeated for several weeks with the same results, indicating a discriminatory practice. Staff comments collected months ago also show instructions were given to Keefe to restrict my envelope orders — and help prevent my mailing.

As this issue was preparing for press, Grievance Two was denied from entering the system on account of it being “currently processed” as the first grievance mentioned. It was returned with a note saying the two are similar and an appeal can be made if unsatisfied with the Grievance One’s response.

My position is that two separate issues have risen from one ongoing recurrence. And it should be noted that while an allegation of staff retaliation requires SIU to investigate, matters of commissary and property do not. Meaning, if this grievance isn’t forwarded to SIU, like others submitted for staff retaliation, it will further illustrate an inability for all offenders to hold staff accountable.

See how we detail these patterns with a trail of documents at “Litigation Interests? Please read.”

[Ref. Grievance’s IM200000055, IM190000181]
…

ON THE COLORADO CONTRACT

Betsy Russell from the Idaho Press Club covered the pending arrangement with CoreCivic early last month.

At that time neither IDOC or CoreCivic had presented their agreement to the Colorado Department of Corrections for approval, despite IDOC’s announcement that a portion of our inmate population would be moved to Kit Carson Correctional Center in Burlington. Tommy Simmons from the Idaho Press Tribune confirmed weeks after Betsy that the contract had still not been presented for approval.

A recent editorial in the Idaho Statesman quotes our DOC spokesman Jeff Ray as saying the CoreCivic contract hasn’t even been signed.

Ms. Russell also informs us that Governor Jared Polis of Colorado campaigned against private prisons in his state during his election. And while there has been talk of moving up to 200 of our Close Custody inmates to KCCC, Colorado law requires Governor Polis declare a “correctional emergency” in order to house his state’s Close Custody inmates privately. Whether that means wanting to house our highest-security inmates will face similar scrutiny was left for speculation.

But what Russell did certify is that the Colorado Criminal Justice Reform Coalition is publicly lobbying against this potential contract arrangement. Among their concerns is an ability to staff the prison: A population decrease has been noticeable in the area since the facility last closed, and in a letter the Coalition served CDOC’s executive director, they recalled that the facility wasn’t able to house more than 800 inmates previously, due to staffing shortages then. Thus giving room to concern for the safety of those local that make the pool of workers CoreCivic would choose from.

Meanwhile the Idaho Statesman article mentioned (author unknown) was critical of IDOC’s inability to maintain our offender population in-state, as suggested by its title: “Idaho’s prisoners need to be in Idaho. Not Colorado. Not Texas.”

There Governor Little also reiterated his position that out-of-state maneuvering is a quick fix to a long-term problem, and again outlined his multi-pronged approached to address our current prison population and our State’s rate of recidivism.

Also mentioned is how IDOC will initially move only 250 inmates to Colorado. But with the possibility that Colorado may now be off the table, I refer to Tommy Simmons and his January article, “IDOC likely to house more than 1,000 inmates in shuttered Colorado Prison,” where it’s noted that CoreCivic has offered 250 beds for immediate placement in Tutwiler, Mississippi.

This has me concerned that IDOC may feel forced to send our inmates to a state whose violence-related inmate death toll currently exceeds exceptional numbers — due to a string of events that made national news in December — because it has been noted that no other contractors were willing to entertain negotiations with IDOC for their emergency housing arrangements. Meaning when GEO renegotiates month-to-month arrangements as soon as their contact expires, IDOC may the feel the kind of pinch that only comes from having no options.

GEO has essentially engineered a position which allows them to extort more money from IDOC — by not entertaining the relocation of our inmates to one of their better facilities. But don’t take it personal, for them it’s always business: Why would a corporation empty a previously deserted Mexican prison that’s currently filled with money-making Idahoans?
…

A GRIEVANCE REGARDING THE UPDATED AD-SEG POLICY that doesn’t actually exist has been exhausted.

As reported in our January issue, the 2018 revised version of Policy 319.02.01.001 stated that the Long-Term Restrictive Housing Policy had been moved to 319.02.01.003, a policy that doesn’t exist.

First Amend This! grieved this issue, requesting the policy be made available and a memo be issued to the offender population, informing us how to address policy concerns for a policy that doesn’t exist.

Gary Hartgrove responded:

Long Term Restrictive Housing was scheduled for implementation last year. However, serious issues arose in the ability of the institutions to provide the requirements addressed in the policy. Issues included the physical plant modifications to allow inmates three hours out of cell time and the staffing to provide for the programs to be offered were not in place. Therefore, IDOC withheld the full implementation of the SOP and moved forward with an incremental roll out. The creation of the HARC, placement criteria, review of placement and required documentation were put into place. The other portions of the SOP will be put into place when the required resources have been established. Any questions concerning approved portions of SOP policy 319 can be addressed with a concern form for clarification.

To which I appealed:

Mr. Hartgrove cites 319.02.01.001 as the Longterm Restrictive Housing Policy, but .001 specifically notes the [policy] has been changed to 319.02.01.003. While issues may have arose with the Short-term and Transit requirements addressed in .001, none were ever addressed in .003, due to it having never been created. Therefore it is impossible to send a concern form and receive clarification for any portion of this policy, as zero can’t be divided into fractions. Additionally, how would we know you weren’t just making stuff up? A memo to the offender population is clearly needed for citation. This is not an unreasonable request.

The Appellate Authority, Howard Yordy, denied the grievance in his response:

Current SOP 319 is still the policy for long-term segregation. It addresses conditions of confinement, placement and Restrictive Housing Committee. The draft policy you refer to for long-term segregation was never implemented. I understand some inmates have seen a copy of it an believe it’s what we’re following but it isn’t approved or in place. The Short-term Segregation policy is just that, short term and has nothing to do with how the state my or may not eventually manage long-term segregation. I am also aware of a portion of the Short-Term Segregation policy that refers to a step-up program in the restrictive housing order but we are not doing that at this time. Two months ago, I wrote two memos to offenders outlining current practices and long-term plans for implementation. You are welcome to address your concerns and grievances using policy 319 and the memos if you wish.

Following up on this response, it should be noted the policy Yordy refers to as a draft includes in its header: “Adopted: 7/11/18.”

As for the memos mentioned, cages have so far only been installed around desks in one unit, as a pilot program to identify any potential issues with letting us sit in caged desks in the day room. Hopefully, other units will get their desk cages soon. Until then, time spent outside has not been increased, as was also suggested in the memo.

[Ref: Grievance Number IM 200000025]
…

FROM THE EDITOR

If you as a person don’t care enough about your experience to take the steps that make it better, why would someone else consider acting on your behalf?

If you’ve never scoured the globe for a miscarriage of jusice, it should be easy to imagine that others aren’t either. That’s why it’s important to take the initiative, read policies, exhaust grievances and make the copies available.

“That’s messed up” is not a universal call for action. So please join me this month in addressing something fixable without waiting for a search team to discover your concern.

You don’t need to do everything I do. But know that even a little can be just enough.
…

Until next time!

“Ain’t Got No Home”
— Clarence “Frogman” Henry

Next: First Amend This!: An IDOC Newsletter (Special Alert: Coronavirus Emergency)