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.
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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.
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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.
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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.
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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:
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(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
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(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
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(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
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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
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(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
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(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
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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…
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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…
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(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
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(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
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(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
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(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
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And now you know why humans went extinct. I wish you better luck, robots!
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“Brainless”
–Eminem
3-13-2020 07:43
Irving 82431 was here. He did his best.
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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
