Documents1,2 obtained through a public records request to the Idaho Secretary of State’s Office show Idaho prisoners gearing up for a lawsuit against the State of Idaho and prison officials.
In nearly identical tort claims (notifications of legal intent), Idaho Department of Correction (IDOC) residents Richard Hammond and Andrew Wolf claim that department employees acted in bad faith while renegotiating a contract with prison communications provider Inmate Calling Solutions (ICSolutions).
Hammond is a former attorney with nearly two decades of licensed experience. Wolf is a longtime advocate for justice-involved individuals. Both men accuse the IDOC of racketeering, theft and bad faith negotiations.
BACKGROUND
The IDOC last year arranged for ICSolutions to replace JPay, an electronic media and messaging platform, with industry competitor ViaPath. As a condition of the switchover, ICSolutions agreed to pay the IDOC $1,000,000 and 20% commission of all income generated through streaming and messaging services, according to public records that I reviewed and transcribed to this site. The two entities established a 5¢-per-minute streaming fee for games, music and movies, and a flat-rate of 25¢ per e-message.
How this arrangement was proposed and negotiated remains unclear. Earlier this year I submitted a public records request for the winning proposal to replace JPay. Rather than return all responsive records with appropriate redactions, the IDOC cited “trade secret information” as its reason for denying my request in full.
It was Idaho Prison Blog writer Dale Shackelford who finally obtained the agreed-upon terms, along with confirmation from the IDOC that it does not have a contract with ViaPath, that ViaPath was contracted through ICSolutions.
Months after negotiating JPay’s replacement, the IDOC began preparing its residents to lose nearly everything they purchased through JPay. “Per JPay,” reads one agency memo, “the content on your JPay tablet can be accessed for 30 days from the last sync to a kiosk.” “The stuff you downloaded,” reads another, “can be used until the tablet stops working.”
The 30-day limit alludes to what is known as a “mortality switch”–a software command that renders electronic devices inoperable if certain conditions aren’t met. In the case of JPay tablets, the device locks up if not connected to a JPay kiosk within a certain timeframe.
Vast libraries of research, writings, personal messages, pictures, music and games–all slated to go kaput.
Residents were quick to point out to department employees that on multiple occasions over a seven-year span, the IDOC has extended the mortality rate of their tablets. They even produced memos, originally delivered over JPay and posted to the department’s website, as proof:
“Mortality switch extensions will be provided by JPay free of charge. JPay devices will be provided with a 12 month mortality switch which must be acquired by syncing the player to the kiosk in the housing unit. Failure to sync the player before transfers are made will render the player inoperable after 30 days . . .” — Feb. 8, 2018
“In an effort to ensure you have a working JPay player during the time your unit may be on secure status, JPay has pushed a mortality switch extension for 180 days.” — July 7, 2020
So why, then, residents wondered, in a Feb. 12 memo posted throughout their facilities and delivered over JPay, would the IDOC try to FAQ their effin’ A’s with what by then was an obvious falsehood.
-
-
-
- Why can’t you turn off the mortality switch on the old tablet?
–The mortality switch was only on the MP3 players which were sold to and used by residents prior to the JPay tablets. The tablets do not have a mortality switch.
The same memo describes what will happen when the devices lock up. “When the tablets die, there will be a process to send the tablet back so the data from the tablet can be pulled and loaded to a USB drive. The tablet will be unlocked so it can be used outside the facility. Both the USB drive and the unlocked tablet will be sent to a home address.”
But for those in Idaho prisons who no longer have contact with the outside world, they would be given the option to donate their tablets to “charity”.
As for which charity–the IDOC doesn’t keep track. A few years back I tried compelling the IDOC via public records request to disclose its preferred charities, the criteria by which they’re chosen and at least one receipt evincing a “donation” of inmate property. The IDOC failed to produce on all counts, and then suggested that keeping record of its charity would amount to a monumental task . (View the public records request and resulting grievance here.)
Foreground
Wolf and I dallied to meals together in the days after he filed his tort. He told me that in May 2024, he and other incarcerated individuals met with IDOC employee Patrick Roberts, now a defendant in Wolf’s claim. Roberts called the meeting to gather feedback from residents on the potential changes to IDOC’s prison telephone and kiosk-based services, Wolf said. “We made it clear what we wanted, and Roberts assured us that we would continue having access to all of the content we paid for.”
Unfortunately for Wolf and everyone else, including the IDOC, allowing residents to continue accessing their purchased JPay content would negatively impact the proceeds expected to funnel through ViaPath. The same video games that residents paid as little as two dollars to JPay to play for thousands of hours will cost 5¢ per minute through ViaPath. Ditto for the music that makes up the playlists that many have owned and listened to for years.
Wolf is adamant when he tells me that the IDOC failed to negotiate a contract in the best interest of its beneficiaries, that it went so far as to conspire against its residents and engage in illegal business practices.
Susie Schuetz works with IDOC’s contract department. In response to these accusations, submitted by Wolf on a concern form, Schuetz wrote, “IDOC denies allegations that it violated any contract or otherwise caused any injury.”
But what the IDOC doesn’t deny is that it is continuing to coordinate business with its prison providers behind the scenes. “We are still working on pricing and will have an update as soon, as ViaPath and ICSolutions have signed their agreements,” reads a memo distributed months after the terms with ICSolutions were inked.
Along with court fees and costs, Wolf and Hammond are asking the IDOC to transfer all JPay content purchased by residents to their ViaPath profile, and to allow them to access it freely. They are also seeking unspecified damages for the loss of the tablets and any irreplaceable content stored on their hard drives.
Two weeks after filing his tort claim, Wolf was transferred to another prison, just as Shackelford was transferred the prior month after making a similar stink.
Then, on Apr. 9, in what some might describe as a predictable turn of events, the IDOC released another memo announcing its newest discovery:
Resident Communications Update/Memo #10
Topics: Mortality Switch and Accessories
We share information in our memos based on what we know at the time. If new information comes up, we make sure to tell you right away.
Mortality Switch
There is an update from JPay (Securus) about the tablets.
Referring to the mortality rate in which the tablet locks if you don’t sync it to the kiosk within 30 days: The lock will be removed from the kiosks within the next two weeks.
Once we know the exact date, a message will be sent to let everyone know about the kiosk update.
This change will keep tablets from locking due to not syncing with a kiosk, but remember, tablets wont last forever. Like all technology, the software or hardware will eventually stop working.
If you want to unlock your tablet for use outside the facility, the return process is still available once you are released from incarceration. You can find the instructions in the JPay Terms of Service. These details will also be included in the message about the kiosk update.
Accessories
Please order any accessories you might need for your tablet. Accessories ordering will be turned off April 21st.
IDOC will keep providing information about the transition, costs, how things work, services, and timelines every week. If you have any other questions or worries, you can fill out a Concern Form and send it to Central Office Contracts.
Suggested links:
“Pay-for-Play Tablets: The Costly New Prison Paradigm” Prison Legal News, Mar. ’25.
“How To Submit Public Records Requests from Prison.” Patrick Irving, Prison Journalism Project.
“Idaho Department of Correction Officials Lie to Prisoners About Mortality Switches on JPay Tablets — Pushing Prisoners to Send Out Perfectly Viable Devices.” Dale Shackelford, Idaho Prison Blog.
“Both Prisons and the Public Rely on Incarcerated Writers.” Patrick Irving, Prison Journalism Project.”
“Update on Digital Media Switchover at the Idaho Department of Correction — More Proof of Lies Regarding Mortality Switches Uncovered.” Dale Shackelford, Idaho Prison Blog.
“Retaliatory Transfer Back to Idaho.” Patrick Irving, Book of Irving 82431.
“Following my Retaliatory Transfer.” Patrick Irving, Book of Irving 82431.
“AAfter Retaliatory Transfer Leading to Hospitalization, Frustration and Violation of Civil and Constitutional Rights, Dale Shackelford Has Returned to http://IdahoPrisonBlog.org“. Dale Shackelford, Idaho Prison Blog.
This is the building where I stay, and these are some of my neighbors. Some days there are 89 of us, some days there are 94. It’s hard for me to make friends because the prison moves everyone here so frequently, usually to other buildings but also to other prisons.
This is one of the guards that takes turns watching over the building’s four housing units. He spends his shift in the elevated station surrounded by windows. We all call it “the bubble.” A lot of things happen here that the guards don’t see, and a lot that they choose to ignore.
Here’s me writing on the tablet that the prison arranged for my family to buy and send me. I can use it to listen to music, write stories and message with people who contact me. But it costs a lot to use and my stories almost never pay money.
This is the dayroom TV. It’s usually always crowded because not everyone here can afford to pay to purchase their own TV from the prison store. What to know about the dayroom TV: sports take precedent over everything else and don’t change the channel without first making sure that it’s okay with everyone else.
Once or twice a week I call out to friends and family. There’s always a long line for the phone and the prison bills for each minute we talk. Those without money, called “indigent residents,” receive two free 15-minute calls every month. But not everyone here has someone to call. So, rather than let their free calls go to waste, some people broker deals to trade them for a bar of soap or a package of noodles.
This is Tim, my downstairs neighbor (he drew the pictures for this book). He’s thinking about his wife and wishing that he were a better husband. I enjoy spending time with Tim because he’s as good at saying grace and praying for others as he is at drawing pictures.
It can be hard to get comfortable in prison but these two have figured it out. Were I to guess, I’d say their friends and family and help to support them–the light, fan, TV and accessories altogether costs about $400.
This is Tim’s neighbor, Rocky. Rocky and I are waiting for Tim to be called to the prison staff office. They’re going to give him a cardboard box to pack up his belongings. They won’t tell us where he’s going but we know it’s another facility. Hopefully, the next facility will better prepare him for his eventual return to his community and loved ones.
Support prison artists and writers.