Had New York Focus reporter Chris Gelardi last year not exposed a directive issued by New York corrections department to severely inhibit the flow of art and writing leaving its facilities, the department may have inspired carceral agencies across the U.S. to adopt its short-lived blueprint.
To understand the public safety benefits of encouraging incarcerated artists and writers to work with the organizations that support them, view my May 20 op-ed, “Both Prisons and the Public Rely On Incarcerated Writers,” published by the award-winning Prison Journalism Project.
In January I submitted a public records request to determine whether the IDOC is seeking to apply any portion of the state’s Opioid Settlement Fund towards opioid overdose prevention and mitigation.
The state is projected to receive $218 million of the $54 billion national settlement that is scheduled to be paid out over the next 18 years by pharmaceutical distributors and manufacturers found responsible for America’s opioid crisis.
My public records query returned documents showing that the IDOC requested $600,000 from initial settlement payments “for purposes relating to opioid abuse or recovery programs.” The same documents show that Idaho Gov. Brad Little responded to the department’s request with an adjusted recommendation of $597,100.
In an effort to follow the money, I submitted another public records request for all IDOC-involved memorandums of understanding (MOUs) and proposals to treat people in the agency’s custody for opioid use disorder. The IDOC refused to fulfill my request, stating that all related records contain trade secrets, and per Idaho, are exempt from public disclosure.
I responded to the agency’s refusal by submitting another request, this time for the contact information of the entity whose trade secrets are being protected. “At this time,” I wrote, “I also wish to request all information not defined as ‘trade secret’ — operational standards and guidelines, approving signatures, projected timelines and budget, etc. — within any MOU or proposal for IDOC-involved opioid use disorder treatment/medication pilot programs. Per Idaho Code 74-107(1), the department is only allowed to redact information defined as ‘trade secret,’ not entire contracts or arrangements containing trade secret information.”
This request, too, was denied, again citing trade secret exemptions.
Per the secrecy law passed by the 2022 Idaho Legislature, the IDOC is only allowed to cloak the names and contact information of those with whom its doing business when their business is to help execute people who are sentenced to death in Idaho.
And according to Idaho Code, any writing that “(1) contains information relating to the conduct or administration of the public’s business and (2) was prepared, owned, used or retained by a government agency” is subject to public inspection.” This includes memos, unfinished documents, emails and handwritten notes.
That the agency is unwilling to share any information on the people with whom it’s partnering to spend the funds is unfortunate. Along with Idaho’s press, public and lawmakers, those of us who fell under the foot of Big Pharma would like to know if the department intends to return the money to the companies responsible for helping to propel the opioid crisis.
The public records requests and responses mentioned in this story are found in the downloadable PDF below.
References:
IDOC Public Records Request numbers R017548-012824, R019828-042324, R020308-051624.
This publication provides an insider look at issues affecting the Idaho Department of Correction community. If you wish to assist this effort, share the link, copy and paste, or print and send this issue to another.
Looking to help improve Idaho’s criminal justice system? We ask that you contact Erica Marshall with the Idaho Justice Project. The Idaho Justice Project works to bring the voices of people impacted by the criminal justice system to the legislative table to work on solutions.
***
EDITOR’S NOTE
In this issue:
Idaho edges towards the end of an archaic era in modern medicine; a downward trend in death penalties indicates more high-road traffic; the Idaho Innocence Project is suspending legal services; JPay and Securus get banned from church and school; the Keefe Commissary Network’s annual price increase continues; Sean Carnell makes the dean’s list for two semesters in row; four easy steps to in-person visits in Idaho prisons; and one chapel worker’s request to procure a Satanic bible.
Let’s First Amend This!
***
THE END OF AN ARCHAIC ERA IN MODERN MEDICINE
Idaho Gov. Little last month signed a bill into law that will allocate $25 million for the state to construct a new 26-bed secure forensic mental health facility.
What this means for Idaho is that individuals who are deemed by the court to be dangerously mentally ill will no longer be sent to prison without an arrest or conviction. The Idaho Security Medical Program for the last five decades has used state prisons to restore Idaho’s most problematic psychiatric patients back to health in a process called civil commitment.
Despite last year working with a $1.4 billion record-breaking surplus, Idaho’s Joint Finance-Appropriations Committee (JFAC) refused Little’s 2023 request to fund the facility.
ProPublica reporter Audrey Dutton in December wrote that state officials and lawmakers have been notified a minimum of 14 times since 1954 that Idaho needs a secure mental health unit apart from its prison system. “They have also been told publicly at least eight times since 1974 that Idaho may be violating people’s rights by locking them away without an arrest or conviction, and that the state could be sued for it,” Dutton wrote.
Rep. Wendy Horman, R-Idaho Falls, co-chairs the budget committee. She credits Dutton and ProPublica with bringing attention to the problem and influencing her vote to fund the new facility.
Idaho Department of Correction Director Josh Tewalt, too, acknowledged Dutton and ProPublica’s impact on state lawmakers. “The reporting seemed to create among policy makers almost a sense of urgency to understand this issue better, to figure out they could try to be helpful in solving,” he said. “And you know, fortunately, it came at a time when it’s not because we’re being ordered by the courts to do something.”
The state has yet to offer a timeline of completion for the facility that is set to be constructed south of Boise, near the Kuna desert prison complex.
Boise’s KTVB news last month followed up on February’s failed execution of Thomas Creech by asking the IDOC whom of Idaho’s eight death row residents will executioners queue up next.
An IDOC spokesperson responded that there is no particular order the state’s distinguished extinguishers must follow, the determining factor for finalization depends on the individual case status of those eligible.
KTVB reports that death remains a legal form of punishment in 27 states, but six of those have paused their rendering operations through executive action.
Robin Maher is the executive director of the Death Penalty Information Center. He says that half of the population has lost confidence in the government’s ability to justly distribute the decadent demise. He points to the decreasing number of people being sentenced to death as an indication that juries increasingly object to up-thumbing the ultimate penalty. “But more than that,” Maher says, “we’re seeing isolated use of the death penalty in just a few places around the country. And those are decisions that are largely made by elected prosecutors and not by the American public.”
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1 ea — Fresh Fruit (orange)
2 oz — Peanut Butter
1 oz — Jelly
2 oz — Whole Grain Bread
3 oz — Fresh Vegetable
1 oz — Potato Chips
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The Idaho Innocence Project (IIP) is temporarily suspending its legal services. The project that over the years has exonerated multiple wrongfully convicted individuals will focus only on DNA research while continuing to search for ways to fund its legal services.
According to a Boise State University news release, the IIP will still provide forensic DNA consulting in select post-conviction cases through the Forensic Justice Project. But only for clients who have obtained their own qualified legal counsel.
“We are seeking funding and partnerships that will allow us to provide legal services for Idaho applicants in the future,” the release said.
Dr. Greg Hampian is the executive director of the project. “It’s unnerving to have spotty funding,” Hampian told KIVITV. “It’s been crazy, and it’s been that way the whole time I’ve been here.”
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1/2 cup — Sloppy Joes
2 oz — Wholegrain Bread
2 ea — Ketchup Packet
2 pc — Hashbrown Patties
1/2 cup — Coleslaw with Carrot
1 pc — Cake #8 (gelatin)
8 oz — Vitamin Beverage
______________________________ Click here for video.
Source: IDOC Food Service Menu 7.1
***
JPAY AND SECURUS BANNED FROM ISCI CHAPEL AND SCHOOL
JPay and Securus devices are no longer permitted in at least one Idaho prison’s education building and chapel.
Notices posted to message boards throughout the Idaho State Correctional Institution describe the ban as a necessary step to ensure that residents’ access to computers remain open. The notices offered no indication as to why residents’ access to computers was ever in jeopardy.
According to the notices, any JPay, Securus or MP3 device discovered by staff within the buildings will be confiscated. The devices will then be handed over to prison investigators, to determine whether the player has been altered or loaded with unapproved content.
If at a later date the investigating officer clears the player, it will be returned to the resident with a written warning and a demerit in their file. A second offense will result in a disciplinary charge for disobedience to direct orders.
Residents found in possession of an altered player or unapproved content will be subject to disciplinary infractions and punishment.
Sources: Education PM Smith, “JPay Media Players in Education,” ISCI Memo. Sgt. Gresick, “Players in Education and Chapel,” ISCI Memo.
***
KEEFE COMMISSARY CONTINUES ANNUAL PRICE INCREASE
Keefe Commissary has once again increased its rates, this time by 3.2%, in accordance with the Consumer Price Index.
Those interested in comparing the commissary prices and items offered in Idaho prisons with prisons in 45 other states can do so by visiting the new prison commissary database unveiled last month by The Appeal.
The Appeal describes itself as a nonprofit news organization whose work “shows the human and economic costs of our expansive carceral system, equips people with the tools to make change, and elevates solutions that seek to create a safer society without clinging to punitive responses.”
***
CONGRATULATIONS SEAN CARNELL
Idaho Correctional Institution-Orofino (ICIO) resident Sean Carnell has now twice made the dean’s list at the University of Idaho (U of I).
Carnell is a participant of the Department of Education’s (DOE) Second Chance Pell Grant program. He studies alongside a mixture of students–some incarcerated, some not–in classes made possible by a collaboration between the IDOC, the DOE, U of I and Lewis-Clark State College (LC State).
“This is the first time in corrections that I’ve felt that I’ve been valued as a human being,” Carnell told Idaho Capital Sun reporter Mia Maldonado. “Most of the time we are the sum of our failures. This [program] gives us the opportunity to try to achieve these levels of success that we never thought possible.”
In fall 2022, the U of I and LC State joined 198 other colleges in participating in the DOE program.
“Like Carnell,” writes Maldonado, “more than 90 residents at the Orofino prison registered for the spring semester through the Second Chance Pell program, keeping themselves busy while in prison while also aiming to enhance their resumes in preparation for their eventual release.”
The dean of University of Idaho’s College of Letters, Arts and Social Sciences, Sean Quintan, told Maldonado that providing incarcerated individuals with access to higher education is one of the surest ways to keep them from continuing to cycle through the criminal justice system. “I believe that this is a really important way at serving our state–to help people improve their lives and have safer communities,” Quintan said.
HOW TO SCHEDULE IN-PERSON VISITS WITH A RESIDENT OF IDAHO PRISONS
1) First submit a visiting application to the IDOC. Anyone under 18 years old must be related to the resident as an immediate family member or a step-child in an existing marriage. All others must provide proof of an existing relationship prior to incarceration. (Tip: Do not submit altered photos as proof. The department uses software to determine a photo’s authenticity.)
2) The resident will receive notice once the application is processed and is responsible for informing the visitor of the outcome. If the application is denied, the resident can appeal the decision by completing an appeals packet, available through their facility’s Visiting officer.
3) Once approved, the visitor must create an account at ICSolutions.com. Call ICSolutions Support for assistance: 1-800-506-8407.
4) After creating an ICSolutions account, the approved visitor must contact the appropriate facility’s Visiting staff to activate the account. Once the account is activated, they will be able to use it to schedule visits in accordance with IDOC rules.
***
RENICK ON THE RADIO
With over six years of episodes available for streaming, Mark Renick hosts Victory Over Sin on Boise’s KBXL 94.1FM on Saturdays at 12:30 pm. The program, funded by a Southwest Idaho advocacy arm of https://www.svdpid.org, shares what it’s like to live incarcerated in Idaho and then come out of incarceration and live on parole.
4.6.24. IDOC Deputy Director Bree Derrick is optimistic about the department’s current trajectory. She discusses new partnerships, collaborations, a new statewide mentor program and planned women’s facility, and how those who are eager to better themselves in IDOC custody now have more opportunities to do so.
4.13.24. Pastor T.J. Hanky moved his family from Florida to start Refresh Church in Meridian. He has since made it his mission to help others in the Treasure Valley area discover how they are uniquely wired by God.
4.20.24. Ray Garcia is a career development specialist with St. Vincent de Paul. He reports to work every day from a community reintegration center, designed to help ease him back into the community from incarceration. Garcia discusses how his experience with incarceration powers his ability to assist others.
4.27.24. Douglas Smith is the owner of D-Degree Coaching and Training. Once incarcerated himself, he now actively advocates for people involved in the criminal justice system in Texas. Smith shares how he and others are working towards real reform.
Newest graduates of the Courageous Leadership 200 class.
Twenty-seven graduates of Probation and Parole Academy No. 37; James Deatrick with the Top of Class Award; RJ Williams with the Tactical Edge Award; Nick Christiansen with the Top Instructor Award.
Forty-four graduates of CO Academy 4.24; John Palmer with Top of Class; Garrett Mobray with Tactical Edge Award; Skyler Irvin with Top Instructor Award.
East Boise Community Reentry Center residents for raising $882.50 to donate to Bustin’ Out Boise, a local organization that helps women undergoing cancer treatment.
The following public records requests have yet to be filled:
1) March’s request for any memorandum of understandings (MOU), contracts or proposals between the IDOC and Day One Plus, the organization working with department officials and residents to create a facility-wide standardized peer mentor program.
2) March’s request for the materials being used to train residents participating as mentors for the forthcoming Restoring Promise Program at ISCI.
3) April’s request for all IDOC-involved MOUs/proposals to create an opioid disorder medication pilot program.
***
RESOURCE FOR INCARCERATED PERSONS
Prisoner Express promotes rehabilitation by providing free information, education and creative opportunities for self-expression to individuals who are incarcerated throughout the U.S. Those incarcerated can sign up for a free subscription to Prisoner Express News and request a list of available programs by writing:
CTA/Durland Alternatives Library
PO Box 6556
Ithaca, NY 14851
My name is Patrick Irving. I am currently incarcerated at the Idaho State Correctional Institution and I run a prison project that can be viewed at bookofirving82431.com. I was asked by my prison’s chapel for help locating a Satanic bible and/or other related materials for some gentlemen here who are looking to study and worship together. From what I understand, they are a little shy of resources and support. Any chance you can aid my quest to supply them with their bible? And, would you happen to have a resource guide that I can place in our chapel?
The Appeal is described on its website as “a nonprofit news organization dedicated to exposing how the U.S. criminal legal system fails to keep people safe and, instead, perpetuates harm.” The news organization works to show “the human and economic costs of our expansive carceral system, equips people with the tools to make change, and elevates solutions that seek to create a safer society without clinging to punitive responses.”
In another recent newsletter, Doctorow describes why the prison tech provider Securus, with over $1.3B in debt, is now facing bankruptcy, and how the brilliant guerrilla activist campaign of the New York organization Worth Rises exemplifies “using the master’s tools to dismantle the master’s house.”
This publication provides an insider look at issues affecting the Idaho Department of Correction community. If you wish to assist this effort, share the link, copy and paste, or print and send this issue to another.
Looking to help improve Idaho’s criminal justice system? We ask that you contact Erica Marshall with the Idaho Justice Project. The Idaho Justice Project works to bring the voices of people impacted by the criminal justice system to the legislative table to work on solutions.
***
EDITOR’S NOTE
In this issue:
Two corrections officers are shot during an off-site escape, another when Boise Police respond to the scene; a judge orders the IDOC to disclose new information on the source of its lethal injection chemicals; Nez Perce County Jail is prepared to scan your can; Mary Ann Kojis’s Story Link keeps incarcerated parents connected with their children; ICI-O and LC State celebrate Bryan Middleton’s education achievements; and my suggestions to one prisoner’s father who is pursuing systemic change.
Let’s First Amend This!
***
TWO CORRECTIONAL OFFICERS SHOT DURING ASSISTED ESCAPE, A THIRD BY BOISE POLICE RESPONDING TO THE SCENE
Three IDOC transport officers last month were shot during and after an IMSI resident’s assisted escape from Boise’s St. Alphonsus hospital.
Idaho Statesman reporter Kevin Fixler writes, “Skylar Meade, 31, a prisoner at the Idaho maximum security prison south of Boise, required emergency medical care the evening of March 19 after self-inflicted injuries, prison officials said. He was treated and discharged just after 2 a.m. the next day. Former maximum security prisoner Nicholas Umphenour, 28, fired a gun at accompanying officers, hitting two of them, police said. Meade and Umphenour fled in a grey sedan before their capture Thursday in Twin Falls, according to the police.”
Boise Police claimed responsibility for shooting the third transport officer while responding to the scene.
According to Fixler, four investigations surrounding the escape are now underway, including one into the police shooting of the DOC transport officer and another into the homicides of James L. Mauney 83, of Julietta, and Don Henderson, 72 of Orofino. Both men were killed along the path that Meade and Umphenour are suspected to have traveled while eluding capture.
IDOC Director Josh Tewalt says that his department is reviewing its prisoner transport protocols and implementing changes as needed.
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
______________________________
3 pc — French Toast
1 cup — Farina
2 oz — Ham
2 pkt — Sugar
10 gm — Margarine
8 oz — Vitamin Beverage
8 oz — Milk 1%
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“IDOC psychologists and other officials say their treatment can help cut down relapses into criminal activity, however, there are other factors at play,” Hankard writes.
Campbell said that roughly one-third of people in IDOC custody enter the system with mental health struggles, and more are diagnosed during their time incarcerated. He also said that it can be difficult to determine whether those who are diagnosed with mental health issues while incarcerated have pre-existing conditions or are having difficulty with adjusting to the prison environment.
Solitary Watch is a Washington, D.C.-based nonprofit watchdog organization that reports on the use of solitary confinement in jails in prisons. According to the organization, “A 2014 Treatment Advocacy Center report found that more than 350,000 individuals with severe mental illnesses were being held in U.S. prisons and jails in 2012, while only 35,000 were patients in state psychiatric hospitals.”
“We have a hard time with the resources for the needs that are out there,” Campbell said. “Treating mental illness doesn’t really fix the criminal problem.”
On Feb. 15th, I submitted a Health Service Request to be seen by a mental health clinician amidst growing health concerns. Days later I was notified that I would be seen within two weeks, but it wasn’t until Mar. 19th that I was called to the clinician’s office. We confirmed at the end of my appointment that I would return on Apr. 2nd. The day came and I arrived on time, but a correctional officer shooed me away. My name was not on the list, she said, of people with scheduled appointments.
I immediately informed the clinician via Resident Concern Form that I showed up to our appointment as planned and, though feeling better, would still like to be seen.
It’s now Apr. 22nd and I have yet to receive a response.
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1 ea — Fresh Fruit/ Banana
1/2 cup — Ham Salad
1-1/2 oz — Tortilla Chips
2 oz — Whole Grain Bread
1 ea — Cookie #5 (Oatmeal Raisin)
———————————————— Click here for video.
Source: IDOC Food Service Menu 7.1
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DEATH ROW PRISONER SUCCESSFULLY CHALLENGES IDOC’S APPLICATION OF IDAHO’S 2022 SECRECY LAW
Gerald Pizzuto Jr.’s legal team last month successfully challenged the IDOC’s use of the secrecy law established by Idaho’s 2022 Legislature to cloak the agency’s process of procuring lethal injection chemicals.
Ruth Brown with Idaho Reports covers the story: “Idaho U.S. District Court Judge B. Lynn Winmill issued an order [Mar. 28th] that will require the Idaho Department of Correction to disclose some additional information regarding the chemicals it planned to use in the execution of Gerald Pizzuto Jr.”
According to Brown, Winmill gave the IDOC two weeks from the date of his order to disclose:
The date on which the department obtained the chemicals
Whether they were purchased from a veterinary source, a hospital, a wholesale distributor or pharmacy
Whether they were imported and the geographic origin from where they were obtained
Whether they were manufactured by the now-bankrupt pharmaceutical company Akorn
An unredacted copy of the certificate of analysis done on the chemicals
Pizzuto was convicted and sentenced to death for the 1985 killings of Berta Herndon and her nephew Delbert Herndon, two gold prospectors who were brutally bludgeoned to death in a cabin outside McCall.
Pizzuto was issued a temporary stay of execution after filing a lawsuit against the IDOC in 2021, claiming that to execute him by lethal injection could amount to cruel and unusual punishment, the potentially painful effects of the lethal chemicals on his medical conditions unknown.
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
______________________________
10 oz — Lasagna
1 cup — Garden Salad #4
1 oz — Vinaigrette
2 pc — Garlic Bread
1 pc — Bread Pudding #2
8 oz — Vitamin Beverage
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ANOTHER CIVILIZED DISCUSSION ON THE SANCTIFICATION OF HOMICIDE
In an article published last month by Fox News, Michael Ruiz reports on how the search for more humane and reliable ways to execute U.S. prisoners has led to gruesome experimentation and the revival of projectile punishment squads.
Citing Fordham Law School Professor Deborah Denno as a leading expert on capital punishment, Ruiz explains how Thomas Creech, Idaho’s longest-standing death row prisoner, is the fourth condemned prisoner in the last few years to survive a lethal injection attempt. “The method spiraled into chaos after 2009,” writes Ruiz, “when the last U.S. manufacturer of one of three drugs closed down, making it difficult for states to obtain, especially since its leading manufacturer, an Italy-based company, opposes the death penalty.”
Some states are now turning to different methods to execute condemned prisoners.
Alabama in January executed a man using the experimental method of nitrogen hypoxia. Ruiz, referencing claims made by the ACLU, writes, “Veterinarians won’t even use the method to euthenize animals due to uncertainty about its effects, according to the organization.”
Others states, including Idaho, have turned to time-tested methods like the firing squad, which last year attracted the attention of one wannabe corporate sponsor. Chris Eger covers the story in an article published by Guns.com:
[F]lorida-based Liberty Ammunition this week made no bones about the fact that it “has offered to donate ammunition to the firing squads of the great state of Idaho, assisting them in a time of budget constraints and increased violence in our nation.”
Curious as to how the company presented its offer to the IDOC, I submitted a public records request for all communications between the company and the agency, and also for all related invoices and orders. The request produced one targeted spam email from the company to Deputy Chief of Prisons Amanda Gentry:
Subject line: “Get 25% OFF All Products!”
Contents: Liberty featured in Well Armed Woman. Liberty Ammo is gaining a lot of press as the premier USA self-defense ammunition brand. The Well Armed Woman recently wrote about Liberty Ammo as a game changer…
I reached out to the company through a JPay-email relay, to ask how the agency responded to its offer and to gauge the company’s interest in extending its support. “Any chance you might also be willing provide similar support to victims of violent crimes–donations of ammunition or firearms, personal protection training, victim support services, etc.?”
Liberty Ammunition declined to respond, leaving then-IDOC spokesperson Jeff Ray alone to deal with my inquiry.
Ray informed me through a JPay-email relay that the IDOC receives a large amount of solicitations and keeps no written record of incoming or outgoing calls. This makes it difficult, he said, to nail down what business is done on the phone.
Ray also confirmed that there that there is no overall policy guiding donations to the IDOC, which offers two questions for much-needed discourse:
Should corporations and other entities be allowed to sponsor U.S. executions? And at what amount of savings to the State would the voting majority encourage the government to commercialize court-ordered homicide?
NEZ PERCE COUNTY JAIL’S NEW BODY SCANNER: 1.
MAN’S PLOT TO KEISTER IN DRUGS: 0
Those planning on reporting for their IDOC commitments through the Nez Perce County Jail have a new reason to refrain from packing their booties with contraband.
The Nez Perce County Prosecutors Office last month announced in a press release that shortly after receiving a new body scanner in August, jail deputies captured images of drugs and paraphernalia attempting to tunnel into the jail through the natural cavities of man.
Lewiston Tribune reporter Kaylee Brewster reports that the accused individual, a 39-year-old male, was granted a four-hour furlough prior to being transferred into IDOC custody.
Court documents and testimony from Nez Perce Detention Deputy Kael Brink reveal that a review of inmate communications led jail deputies to believe that the man was arranging prior to furlough to pick up and return with contraband, according to Brewster. Deputies claim to have observed the man exhibiting drug-related behaviors before asking and receiving his permission to scan his body.
The Prosecutors Office said the man was the first person to be searched by the jail’s new scanning technology.
He has since been charged with introducing contraband into a correctional facility.
IDOC CELEBRITY SPOTLIGHT: STORY LINK’S MARY ANN KOJIS
Mary Ann Kojis, 80, is the creator of Story Link, a program that records incarcerated parents reading a bedtime story and then sends a copy of the recording and the story to their children. “As a former First-Grade teacher, I know the value of children listening to their parents reading to them,” she says.
Kojis was featured in the Idaho Catholic Register’s March/April issue for the volunteer service that she has performed since 2001
Mary Hersley-Kaineg reports that Kojis was inspired after reading a news article about a Missouri couple who had started a similar program. “She visited community resource fairs to seek funds and volunteers. She hosted fundraisers, thank-you parties, and an annual Tea and Auction. Her friends in the Idaho Gem Jesters Clown Alley (a professional organization supporting and training clowns) made the first donation. Soon, volunteers spread the word among their churches, workplaces and friends.”
After rallying her troops, Kojis obtained the necessary recording equipment and the DOC clearance required to see her mission through.
By Kojis’s last count, Story Link has since delivered 11,142 recordings and books to children statewide.
For more information, please write:
Story Link Idaho
PO Box 4372
Boise, ID 83711
Source: Mary Hersley-Kaineg, “Undaunted Senior Brings ‘Story Link’ to Idaho Prisons,” Idaho Catholic Register.
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CONGRATULATIONS BRYAN MIDDLETON!
A Lewis-Clark State College (LC State) press release recognizes former ICI-O resident Bryan Middleton for making President’s List honors, which requires a student to maintain a 3.75 grade point average or higher. Middleton enrolled to LC State through the Second Chance Pell Program last spring. He has since paroled, and plans to continue pursuing his bachelor’s degree in interdisciplinary studies, according to the release.
LC State says 62 ICI-O residents participated last fall in the online and in-person classes made available through the college’s prison education project.
The college now plans to expand its program to prisons in Boise and Pocatello, where it is already offering a one-credit college prep course.
Idaho Capital Sun reporter Mia Maldonado writes, “According to the Vera Institute of Justice, incarcerated people who have participated in postsecondary education in prison are 48% less likely to re-offend than those who do not. Additionally, every prison dollar invested in prison education results in four to five dollars in tax-payer savings from reduced incarceration costs.”
IDOC Director Josh Tewalt appeared in the press release saying, “Education is one of the most well-researched and most important practices we facilitate that reduces recidivism. We are grateful to President Pemberton and LC State’s faculty and staff for helping us in our mission to make Idaho safer,”
LC State credits Middleton for using his prison education experience to advocate for others incarcerated.
According to the IDOC’s Facebook page, the Easter Bunny last month stopped by the Nampa Community Reentry Center during an egg hunt with residents and their families. Staff and residents filled over 400 eggs and 50 treat bags for visitors, and those at the event were allowed to take pictures with the elusive creature. For some children in attendance, it was their first time meeting the bunny.
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RENICK ON THE RADIO
With over six years of episodes available for streaming, Mark Renick hosts Victory Over Sin on Boise’s KBXL 94.1FM on Saturdays at 12:30 pm. The program, funded by a Southwest Idaho advocacy arm of https://www.svdpid.org, shares what it’s like to live incarcerated in Idaho and then come out of incarceration and live on parole.
3.2.24.William K. Sansing Jr. is the author of “Beyond Prison: Finding Second Chances Through Grace, Resilience and Community.” He discusses how during his first night in federal prison, the kindness of fellow prisoners triggered a spiritual shift.
3.16.24. Chris Shanahan is a speaker, a writer, a peer-mentor program developer and a member of the board of directors for the nonprofit Helpful Solutions Inc. Having conquered mountains throughout his 26 years incarcerated, he discusses how he is continuing to reshape the criminal justice system from within.
3.23.24. Stacy Tucker is a reentry career development specialist for https://www.svdpid.org. She discusses finding her passion in her current line of work and the importance of inclusion in the solution-building process.
Statewide — Graduates of CO Academy 3.24. Bridger Daniel with the Top of Class Award. Jon Linger with the Tactical Edge Award. Skyler Irvin with the Top Instructor Award.
ICI-O — All female staff by their male counterparts on International Women’s Day. Sedona Cappellaro as employee of the quarter.
Nampa CRC — Residents for raising over $800 for the Idaho Food Bank, an amount that will place over 2,400 meals on the tables of food-insecure Idahoans.
Residents may submit public records requests by addressing a resident concern form to the Records Custodian. By providing as provide as much information as possible when submitting your request, you can help the records custodian to ensure that it’s filled properly.
Example:
This is a public records request for any memorandum of understandings, contracts or proposals between the IDOC and Day One Plus, the organization working with department officials and residents to create a facility-wide, standardized peer-mentor program.
To reduce potential costs, try narrowing your request to under 100 pages or ask for a waiver of fees in accordance with IDOC Policy 108.00.01.001 (Pubic Records Requests).
Should this request return in excess of 100 pages, please limit it to the first 100 pages or consider a waiver of all fees, as this request is being made for non-commercial purposes and in the interest of educating the public.
Unfortunately, the NRCCFI lacks the funding to provide free copies by mail. Please ask your clinician, case manager, prison library or loved ones for assistance obtaining copies.
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INMATE SERVICES AT WORK
3.8.24
Hi Bob,
Thank you for updating me on the most recent incident with your son. If you’re considering appealing for action through social media, you may try circulating a petition requesting an ombudsman to oversee complaints regarding the close custody population, and also call for a progress report on IDOC’s ad-seg reform. (If I recall correctly, reform has been “in the works” with no action since 2017.) It may help to draw attention to that petition by resurfacing some of the more concerning news stories starting from a decade back.
To push the progress report, I would reference the ongoing absence of a long-term restrictive housing policy, and start requesting high-level communications of any documents discussing this “in-progress” policy.
Were you or a helper to sweetly sum up and circulate your findings, you may pique somebody’s interest.
Depending on how much work you’re looking to take on, you might also start a group that works together to tactically unveil public records information–including video, grievances, incident reports and statistics from Close Custody–by submitting public records requests and then incrementally publishing your findings under a group or profile.
The public records requests are easy to submit and I’ll be happy to help get you started, if you’d like.
Let me know if this helps.
Take care,
Patrick
***
SUGGESTION BOX
I suggest we charge the mice rent to offset the costs of warehousing humans.
***
Shout out to Annie with Aston University! Thanks for inviting me to speak and for the post card from Vienna!
Alien observer, tasked with providing the Galactic Cooperative with a few good reasons to leave your Earth alone. So far, it’s not looking good. Were it not for “Fear and Loathing in Las Vegas“, “The Big Lebowski” and oatmeal cookie dough, I would have already rendered your dimension on compassionate grounds.
Seeking: Verification that reverence and laughter are present. Cultural enlightenment is possibly your last beacon of hope.
Interests: Science, music, literature, philosophy, competitive challenges with nunchuks and cartwheels.
Hobbies: Practicing medicine without a license, stochastic tinkering, assisting combustion, sensual karate.
This proposal was initially submitted February 29 and, in the absence of response, again with minor revisions April 10 using the channels of communication made available to me at the Idaho State Correctional Institution.
Proposal 82431-002 — Idaho Foodbank Fundraiser
The Idaho Foodbank recently collaborated with a local news station to raise funds for food-insecure Idaho families. It was announced during a televised broadcast that the organization is capable of providing 15 meals for every five dollars that is donated.
Having previously benefitted from donations made to the Idaho Foodbank, I, along with a small group of residents surveyed on Unit 14B, wish to support the organization by collectively submitting incremental monetary donations.
Because some of us anticipate donating relatively small amounts, we ask that ISCI leadership facilitate our effort by collecting and submitting our donations together. This to increase the amount that we are able donate by reducing the cost of postage.
The current cost of one stamped envelope is roughly one dollar. Which is also the minimal amount that we wish to kindly suggest that others, including staff, consider contributing.
I propose activating the ISCI Pillar mentor group and ISCI chapel workers to organize and promote the no-pressure effort, preferably with the messaging: “For the cost of two ramens, you can provide three meals for food-insecure Idahoans.”
I ask that residents be permitted to submit their support directly to unit or chapel staff, in the form of a Resident Withdrawal Slip addressed to the Idaho Foodbank. (But should ISCI leadership decline to participate in this effort, please consider approving Resident Irving #82431 to submit a collection of withdrawal forms in one manila envelope addressed to the Idaho Foodbank.)
Possible ways to promote this campaign include fliers, word-of-mouth and an institutional channel announcement.
A staff liaison to coordinate efforts between Idaho Foodbank development coordinator Dalton Warr and ISCI/IDOC management would be helpful.
Please inform Resident Irving of the extent to which ISCI leadership are willing to participate in this effort no late than May 1.*
This is an informal report compiled in response to questions from a man who is currently incarcerated within the Wisconsin prison system.
“I am collecting information on how computer technology is being used in prisons of the United States, specifically, but also interested in other countries. How are tablets being deployed? What are the policies? Are there classes and how extensive are they? Are the classes run by the prison or college? For example, Marquette University is in the process of developing a computer science program for the prison, one which I’m involved with. Please send me contact information for staff members or offices that can deepen the info pool…” — Jason G., classifieds section of the 2600 Magazine.
4.03.24
Hi Jason,
Thanks for reaching out and apologies for the delayed response. You may already be aware that Jeff Ray retired late January from his position as public information officer. If you’re still looking for an Idaho Department of Correction (IDOC) contact, I recommend trying our education director, Ted Oparnico.
In researching your query, I explored the computer lab and library at the Idaho State Correctional Institution’s (ISCI) Robert James School, a special purpose school in the Idaho prison system. I also spoke to staff and residents who work in Education and pulled from information reported in my “First Amend This!” newsletter.
LEADERSHIP
IDOC director Josh Tewalt took the director position in 2019. He and his executive management team are heavily focused on preparing residents for reentry by expanding the level of support and opportunities offered to people in custody and under supervision.
TECHNOLOGICAL INFRASTRUCTURE
IDOC staff tell me that the agency has installed the necessary infrastructure to provide its entire resident population access to what is referred to as the Idaho Correctional Access Network (ICAN). ICAN will act as a “whitenet” that allows limited access to “whitelisted” resources online. These are said to include but not be limited to online academic databases like JSTOR and Libby, and IDOC-created, school-related materials that have been gathered by scraping websites and other means.
Instead of having a general account, the IDOC aims to issue a trackable user account for each user. One advantage of the ICAN cloud system is that residents can create work and education portfolios, and the IDOC is working towards allowing residents to take their portfolios with them when they transfer facilities and reenter the community.
My sources tell me the company Resultant is performing backend development and IT support, and that there is still a great deal of background networking and setup configuration to perform. To fully utilize the network, the IDOC must first obtain tablets, laptops, Chrome Boxes, user licenses for each device, and the staff to assign each device a user license. Other challenges are diplomatically referred to as “some red tape to work through.” With no timeline for completion, the department is exploring ideas to expedite the process.
According to my sources, not long ago all IT services for Idaho state departments were consolidated into one department. But ICAN has yet to be adopted as an official state department network, and so it lacks the official support needed to better push it along. Our educational staff are working on it but, between teaching and doing other stuff, they are limited in their ability to launch a robust, fully functional network.
JPay is accessible throughout all secure facilities, but residents must purchase tablets to access music, games, movies, video and other apps. Idaho appears to not have contracted educational content through JPay. We are unable to print or have documents printed from our tablets. We are also unable to take photos with our tablets or use them for video visits. Our current messaging packages start at five outgoing messages for $2 and end at 60 for $18. Residents are limited to sending 6,000 characters, and the system erases some unicoded symbols during and after text transmissions.
Our telephone provider is ICSolutions. They’ve set rates at $.08 per minute, not including tax. We residents pay approximately $.11 per minute after these rates are inflated through taxes.
The current contract for ICS Solutions and JPay allows the IDOC to receive a commission based on its average daily population.
COLLABORATIONS
The https://www.svdpid.org of St. Vincent de Paul works with the IDOC to provide extensive reentry support services starting from within our facilities. Contact: Mark Renick 207-477-1006. svdpid.org.
The IDOC is actively working with local universities to bring in-person and online classes into its facilities. But the curricula offered within our facilities depend on what services the colleges are able to offer the agency.
The agency aims to continue forming relationships with local organizations and businesses to provide its residents with additional education and vocational opportunities where it can.
VOCATIONAL OPPORTUNITIES
Vocational opportunities vary by facility, with residents at some facilities limited to janitor and barber positions.
It was once the case that those incarcerated at ISCI were limited to labor-intensive vocations and training. These opportunities still exist, but within a push to broaden the skills needed for them to achieve higher level positions in the workforce.
The IDOC’s business arrangement with ICI uses prisoner labor to provide services and produce products for a range of businesses. An arrangement made between the IDOL and the training department of ICI allows laborers to accumulate apprenticeship hours that are recognized by the state. Future employers are thus able to verify the level training and certification achieved by those in custody, and a portion of the income generated through the arrangement is applied to staffing the guard posts necessary to oversee the program.
A flier found at the ISCI school advertises apprenticeships available at the facility: Cabinet Maker, CNC operator, Drafter Detailer, Welder, Graphic Design, Custodial Technicians, Office Manager/Admin services.
Other facilities offer training in construction, electrical work, masonry, solar panel installation, etc. But I don’t know that these programs are similarly recognized by ICI and the IDOL.
What kinds of tools are used in the maintenance shops?
My facility has an Institutional Labor Detail (ILD) shop and a hobby shop. The ILD shop is used by laborers–plumbing, grounds keeping, general maintenance, etc.–the hobby shop by hobby enthusiasts. I’m unsure of the tools available in either shop and am told that neither are equipped for electronic repair or computer repair.
EDUCATIONAL OPPORTUNITIES
Schooling opportunities vary by facility, with at least one facility able to support GED studies only.
Education is not mandatory in Idaho prisons, and my ISCI currently lacks space and resources for continued learning. Our education staff are working with leadership to offer as many initial learning opportunities as possible.
Inside the ISCI education building are multiple prison programming rooms, five classrooms and a library. The classrooms support GED studies, Financial Literacy and Investing, Workforce Development, some business courses and a computer lab that offers an array of self-learning opportunities in an offline setting.
The library stocks a small inventory of outdated IT books, including books on electronic and computer repair. The computer lab maintains a vast library of more current (but still outdated) hardcopy and digital books on programming and software. I’m told that only books on hacking are restricted, and that it’s difficult for both libraries to keep pace with software evolution.
Our school runs Windows 10 Pro on HP 800 G2 computers, including those operated by our teacher’s assistants and librarians. (I’m guessing it’s the same for other resident workers with clerical positions.) There are multiple workstations with teacher aides in each classroom. The aides are tasked with different degrees of data entry and systems management, including tuning and modifying engine management systems and creating databases and software solutions. Our mildly aged tech limits what’s offered. With the exception of some newer machines that support our A/V production classes, most of our gear is new within the decade.
Are there courses on programming, CNC machining, data entry/literacy?
For self-study programs, our offline schools are filled with documentaries and (presumably creative commons) content scraped from various learning institutions. It’s that content that allows our residents to train in, among other things, A/V production, graphic design, 3D programs, some network security programs and an impressive array of computer programming languages. The ISCI computer lab tries to offer as many programming languages as possible to ensure that residents are able to work within the shape of modern innovation.
It also offers language instruction in Chinese, Japanese, English, Russian, German, Icelandic, Portuguese, Spanish, Norwegian, Nahuati, American Sign Language, Arabic, French and Italian.
Some tech training options that open up when I start to click around:
The goal of ISCI’s growing media department is to host recurring classes that complement the media program. What started from the need to create and disseminate training videos and town hall videos to meet the challenges that presented through COVID-19has since evolved into activities that allow wider participation from volunteers, staff and residents. At least one media course is accredited and capable of supporting apprenticeships recognized by the IDOL.
Unfortunately, the computer lab limits most users (including myself) to four hours a week and doesn’t allow one to print out personal projects like this report. This dramatically impacts my learning speed and output. For instance, this report, started early February on a computer in the computer lab, took until now to finish and send. Forbidden from connecting JPay devices to computers, it took one week to transcribe from a computer screen to my tablet using my thumbs.
EDUCATION PARTNERS
The (Inside/Out) Prison Exchange Program is a postsecondary education collaboration between the IDOC, the University of Idaho (U of I) and Lewis-Clark State College. The program was made possible through the Department of Education’s Second Chance Pell Grant Funding. The program currently serves two of Idaho’s smaller prisons and is looking to expand. Assistant professor of criminology Omi Hodwitz leads the U of I side of the initiative; Cynthia Pemberton is LC State President
Idaho State University (ISU) offers administrative services coursework (business practices, communications, etiquette, workers rights, law, etc.) and provides a certificate upon completion. The IDOC is suggested to have paid between $10-15K for this arrangement.
Former resident Mario Hernandez is sponsored by the IDOC in a limited capacity to act as an A/V production instructor for current residents. The apprenticeship tied to his class is recognized by the IDOL, and those who take it can receive certifications in BlackMagicDesign’s proprietary, advanced video editing program, DaVinci Resolve.
A collaboration with the Idaho Prison Arts Collective allows the agency to offer residents classes in mindfulness, arts, dance, writing and coding/web development in respective facilities. The collective is managed by Michael Richardson.
Dodds Hayden, a member of the Idaho Board of Correction, has sponsored a Humanities class for a select group of ISCI residents. I understand the class to be offered through a collaboration between Boise State University and the Wassmuth Center for Human Rights.
There may be other education collaborations that I am not yet familiar with.
CULTURE
My sources tell me that department heads are open in promoting an info-gathering push, and that prison staff are encouraged to seek out and present solutions deployed by other DOCs. This includes traveling when needed for observation and training. The message to staff is: “Anything that can benefit us and make us better as a department–we want it here.”
The department welcomes information exchanges with other DOCs, and I have witnessed high-ranking staff from other DOCs visiting my facility to view its operations.
How do Staff view tech and prisoners that are tech interested/savvy?
A former resident who held significant responsibility as a server tech in the ISCI computer lab tells me that his job included regularly scraping and copying web pages for content to make available to the resident population. When asked about ISCI’s growing media program and tech culture, he said, “During my time here it has done nothing but grow and get better. There is a definite drive to provide residents who are willing to put in the time and effort to [gain] more knowledge and more skills that are relevant in the world today…”
“My work as a server tech here has been mostly good. I feel like, given my years of experience and knowledge prior to prison, I was allowed the job I have now after being recognized as a subject matter expert.”
“The tech culture here is very good for prison.”
The below announcement was posted in the ISCI education building prior to the above quoted resident’s departure:
Idaho Correctional Industries
Date: February 8, 2024 To: ISCI Resident Population From: ICI Projects Department Subject: New Hire Opportunity
ICI Resident Technology Team is looking for a competent resident to join our Apprenticeship Program with skills in information technology (IT) services and support.
Job Duties:
Set up troubleshooting and support of legacy desktops, laptops and servers
Evaluate new hardware and software to meet company requirements
Oversee the implementation, deployment and operation of IT systems and technology solutions
Plan, develop, and manage all IT services, programs and support within the ICI Resident Network
Monitor or optimize the performance, security, backup, and recovery of various system
Maintain inventory of internal licenses and asset tracking
Design, generate and present findings via reports as requested by Senior Management
Provide technical advice and assistance to Trainees as needed
Stay informed on new or emerging trends and technologies that provide clear benefits to ICI
Plan end-user training as required
Requirements:
1 Year [free of disciplinary action]
Minimum of 3 to 5 years before Parole Eligibility
Pass Investigations background check for computer usage, per IDOC
Knowledge of IT principles and concepts; systems testing and evaluation principles, methods, and tools; and/or emerging information technologies
Experience working with the following environments: Windows 10 & Windows Served 2012+ operating systems and Microsoft Office
Applications, with emphasis on spreadsheet functionality
Knowledge of HTML, PHP, CSS, .Net, VS, VBA and SQL preferred, but not required
Process interpersonal, and communication skills with the ability to detail and a high degree of accuracy
Ability to manage multiple assignments and strong organizational and time management skills
Self-motivation and the ability to take initiative
Prior to any perspective hire, skills will be assessed and tested.
If you are interested, have some of these skills and want to learn, please give applications to your unit staff, and send a concern form to ICI stating you are interested and have submitted your application.
Matt Shepler Training Specialist, Sr. ICI
QUESTIONS FROM MY SIDE
What kind of tech infrastructure does Wisconsin currently have in place?
Is education mandatory in Wisconsin?
What prompted the shift away from computer learning? Was it a budgetary issue? A change in leadership? A security decision? Some form newsworthy attention lead to closure of labs? Did you have an IT team?
SUGGESTIONS FROM MY SIDE
When proposing programs, think DOC:
What levels of cost and commitment are associated with launching and maintaining a program?
What are the current interest levels of staff, residents, administrators?
The DOC’s current capabilities?
To what extent are those involved in developing / introducing / maintaining programs able to open things up for experimentation?
How will the taxpayers benefit? Is there a way to break even by reducing other expenses, selling products or services?
This publication provides an insider look at issues affecting the Idaho Department of Correction community. If you wish to assist this effort, share the link, copy and paste, or print and send this issue to another.
Looking to help improve Idaho’s criminal justice system? We ask that you contact Erica Marshall with the Idaho Justice Project. The Idaho Justice Project works to bring the voices of people impacted by the criminal justice system to the legislative table to work on solutions.
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EDITOR’S NOTE
In this issue:
Thomas Creech’s failed execution is an Idaho first; a Probation & Parole Officer is arrested for grand theft by extortion; Idaho lawmakers establish mandatory minimum sentences for fentanyl trafficking and push to expand the death penalty; a lengthy lawsuit challenging Idaho’s public defense system is still alive; and close custody operations give cause for more concern.
Let’s First Amend This!
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IDAHO’S FIRST FAILED EXECUTION ATTEMPT
It’s a somber time at IDOC. Preparations are underway to carry out the execution of Thomas Eugene Creech on Wednesday, February 28th, at 10:00 a.m. We know this will be a difficult time for some, and we are fully committed to carrying out this solemn task with dignity, respect and professionalism…
So goes the message Director Josh Tewalt delivered over JPay to residents of Idaho’s Kuna desert prison complex prior to Idaho’s first unsuccessful execution.
Creech, 73, is convicted of murdering five individuals in three different states–most recently, David Dale Jensen in 1981. As Idaho’s longest-standing death row prisoner, he has now eluded a total of twelve death warrants since his first conviction.
State witnesses watched for nearly an hour as three anonymous executioners attempted to establish intravenous access in Creech’s arms, legs and hands before Idaho State Maximum Security Institution (IMSI) Warden Richardson called them off.
Associated Press reporter Rebecca Boone was one of four media representatives chosen via lottery system to witness the execution. Boone reported at a press conference following the event that Creech appeared at times to fall asleep while strapped to his gurney and expressed physical discomfort as the attempt neared the end of the hour.
Tewalt during the same press conference said that Creech spent the eve of his execution visiting with his wife and others, and accepted a mild sedative in accordance with IDOC policy.
The director also confirmed that the medical team responsible for establishing intravenous access couldn’t find a quality vein to ensure their lethal payload. Richardson determined at 10:58 a.m. that the execution could not be carried out in accordance with the agency’s standards of professionalism, dignity and respect, according to Tewalt.
Tewalt stood before a committee of Idaho lawmakers Feb. 29 and, when asked whether the executioners’ politics played a part in their inability to find a quality vein, assured the committee that at least one of the executioners is a repeat volunteer, having participated in executions in 2011 and 2012.
Idaho Statesman reporter Kevin Fixler writes, “Creech is now at least the seventh documented case since 2009 of a called-off execution because executioners could not establish an IV line, according to Robert Dunham, former executive director for the Washington, D.C-based nonprofit [Death Penalty Information Center].”
According to Fixler, the IDOC paid $50,000 for 15 grams of pentobarbital last fall, and spoiled 10 grams filling the syringes that failed to find their way into Creech.
The family of David Jensen told KIVI-TV reporter Riley Shoemaker that they are devastated that the execution was not successful.
Tewalt told press and lawmakers that he is highly confident in the IDOC’s ability to obtain more lethal injection chemicals, but said the department is struggling to find a contractor who is willing to install the footprint necessary to safely operate a firing squad inside IMSI.
Creech is the last person in America sentenced to death by a judge and not by a jury. Judge Robert Newhouse, who sentenced Creech to death for the murder of Jensen, also petitioned to reduce his sentence to life in prison at a January clemency hearing.
“Creech’s attorneys secured a stay of execution for their client immediately following his attempted execution,” Fixler writes, “and have since alleged violations of his constitutional rights against cruel and unusual punishment in new legal filings.”
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
______________________________
2 each — Cinnamon Rolls
2 oz — Breakfast Sausage
2 oz — Bran Flakes
16 oz — Milk 1%
8 oz — Vitamin Beverage
2 pkt — Sugar
————————————————
PROBATION & PAROLE OFFICER CHARGED WITH EXTORTING CLIENT’S GIRLFRIEND FOR SEXUAL PHOTOS AND VIDEOS
A District 4 parole officer was arrested last month on charges of grand theft by extortion. Saif Sabah Hasan Al Anbagi, 43, allegedly pressured a client’s girlfriend, who is also under supervision, to send him compromising photos and videos under the threat of violating her boyfriend’s parole.
Idaho Statesman reporter Alex Brizee reports that Shawn Kelley, a legal intern for the Ada County Prosecutor’s Office, said during an arraignment hearing that since Al Anbagi’s arrest, multiple other alleged victims have come forward to the authorities.
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1 each — Fresh Fruit/Orange
2 oz — Peanut Butter
1 oz — Jelly
2 oz — Whole Grain Bread
3 oz — Fresh Vegetable
1 oz — Potato Chips
————————————————
IDAHO ESTABLISHES MANDATORY MINIMUM SENTENCES FOR FENTANYL TRAFFICKING; BOISE AND CALDWELL POLICE RAID NONPROFIT NEEDLE EXCHANGE AND KNOWN NALAXONE DEALER
Governor Little last month signed a bill into law that establishes mandatory minimum sentences for different levels of fentanyl trafficking and allows Idaho law enforcement to bring homicide charges for anyone who supplies a drug that someone later dies from.
The minimum sentences for possessing any fentanyl-positive substance are four years and $10,000 for four grams or more, or between 100 and 250 pills; five years and $15,000 for between 14 and 28 grams, or 250 to 500 pills; and 10 years and $25,000 for 28-plus grams, or over 500 pills. A second charge for fentanyl trafficking would double the minimum sentence.
The new crime of drug-induced homicide carries an indeterminate life sentence with a maximum fine of $25,000. It also seemingly diminishes the protections provided by Idaho’s Good Samaritan law, which once allowed individuals on the scene of a drug overdose to summon emergency responders without the threat of arrest.
Weeks prior to passing House Bill 406 into law, Boise and Caldwell police raided two Treasure Valley offices of the Idaho Harm Reduction Project, leading to the closure of both project locations.
According to Idaho Statesman reporter Angela Palermo, the nonprofit provided reverse opioid overdose medication, needle exchange and disposal services, and education and testing for infections and viruses commonly transmitted through drug use.
KTVB news reports that authorities discovered non-needle drug paraphernalia but made no arrests.
Gov. Little has directed the state’s Department of Health and Welfare to launch an internal review into the organization.
The nonprofit posted this statement to its website: “Idaho Harm Reduction Project has always endeavored to support safer, healthier communities through evidence-based programming, education, testing, and other services in accordance with Idaho law. We have done our public health work in the full light of day–with the full knowledge of the Idaho Department of Health and Welfare–and look forward to this issue being resolved.”
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1 cup – Beef Lo Mein
1.5 cup — Pasta All Shapes
2 oz — Whole Grain Bread
10 gm — Margarine
1 pc. — Cream Pie
8 oz. — Vitamin Beverage
————————————————
IDAHO LAWMAKERS RECORD THEIR WISH TO EXPAND THE DEATH PENALTY
The Idaho House of Representatives last month passed a bill that would allow the state to execute individuals charged with lewd conduct with children under 12.
Though a 2008 United States Supreme Court ruling found it unconstitutional to sentence people to death for charges other than murder or treason, Representative Bruce Skaug, R-Nampa, said that the Supreme Court is different today, making it worth whatever legal battles would result from passing House Bill 515 into law.
LONGSTANDING LAWSUIT AGAINST IDAHO’S PUBLIC DEFENDER SYSTEM LIVES ON
Tucker v. State of Idaho — this lengthy lawsuit challenging the inadequacies of Idaho’s public defender system is for the third time scheduled to be reviewed by the Idaho Supreme Court.
“The case was originally brought against the state on behalf of the tens of thousands who cannot afford the full costs of criminal defense lawyers and the other costs necessary to defend against criminal charges. The lawsuit documents a range of severe deficiencies in Idaho’s under-resourced approach to public defense that violate the Sixth Amendment and state constitutional rights to an attorney. The ACLU Of Idaho, in partnership with the National ACLU and global law firm Hogan Lovells, explains in the lawsuit that Idaho’s public defenders are so severely overburdened that they cannot possibly adequately represent all of their clients, resulting in criminal defendants not getting a fair chance to defend themselves.”
Here, Ruth Brown with Idaho Reports outlines Fourth Judicial District Judge Samuel Hoagland’s opinion on the changes made to Idaho’s public defense system during 2022 and 2023 legislative sessions, which the ACLU and its partners are now appealing: “Public Defense Lawsuit Dismissed, State to Take Over Indigent Defense.”
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CLOSE CUSTODY OPERATIONS CONTINUE TO BE PROBLEMATIC
Just as the family of the late Milo Warnock was calling for a closer look into how the IDOC manages its close custody population, residents of the Idaho Maximum Security Institution staged a protest that prompted the agency to respond with force.
Milo was 45 years old and serving a two-to-ten year sentence for felony DUI when he was fatally beaten in a close custody unit at the Idaho State Correctional Center. Warnock was moved to a close custody unit as a result of being reclassified from a minimum-security custody level for cheeking his evening medications so he could take them in the morning.
Milo’s parents, Mike and Kathy Warnock, and his sister Hallie Johnson last month broadcast their concerns surrounding Milo’s December death across multiple media outlet days prior to residents of IMSI’s restricted housing units staging their protest.
An IDOC spokesperson told the Idaho Statesman that the incident was instigated by Idaho prison gangs who wish for the department to separate them by race and gang affiliation.
The Statesman stopped short of reporting why inimical groups of prisoners would continue to be housed together during a year of horrific violence.
To better understand the concerns and frustrations that have helped to perpetuate similar past incidents,
MORE ON THE DOG TRAINER AND DOG WHO WERE LOCKED OUTSIDE ON CHRISTMAS EVE
Idaho Press reporter Carolyn Komatsoulis follows up on the story of the resident dog trainer and dog who were locked outside of the Idaho State Correctional Center on Christmas Eve.
Komatsoulis writes, “[I]DOC’s investigation took issue with one officer who ultimately reported the incident–saying he disclosed confidential information in discussing it with news media, an Idaho state senator and other staff members. That officer, in his report, said the other officers told him not to report the incident so nobody would get in trouble.”
ISCI GRADUATES ITS FIRST CLASS OF ‘DAY ONE PLUS’ PEER MENTORS
The Idaho State Correctional Institution last month graduated its first class of Day One Plus peer mentors.
Twelve residents celebrated with IDOC staff over a barbecued meal brought in from Dickey’s Barbecue Pit.
According to the Day One Plus peer mentor application, “Day One Plus is an organization dedicated to reducing recidivism using evidence-based practices and improving the quality of life for people with criminal justice involvement.”
The organization is now working in collaboration with the IDOC to implement customized peer mentor programs at multiple facilities statewide.
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RENICK ON THE RADIO
With over six years of episodes available for streaming, Mark Renick hosts Victory Over Sin on Boise’s KBXL 94.1FM on Saturdays at 12:30 pm. The program, funded by a Southwest Idaho advocacy arm of https://www.svdpid.org, shares what it’s like to live incarcerated in Idaho and then come out of incarceration and live on parole.
2.10.24. Ronald Henry is a Free 2 Succeed mentor and an American Legion member. He promised the men that held him up in prison that he would provide support for others released from incarceration. He discusses with Mark how he uses his story as his strength, and the importance of preparing for reentry from day one.
2.24.24. Nova Yarnell is an advocate for others who have shared her experiences. From substance abuse to incarceration, to committing to positive change, she understands how the wrong support groups and transitional housing can diminish one’s success rate upon returning to their community .
Statewide — Graduates of Correction Officer Academy of 2.24; Emiliano Cobian with the Tactical Edge Award, Raymond Parmentier with Top of Class; Chris Ackerman with Top Instructor Award.
Central Office — Deputy Chief Dylan Hobson of Probation and Parole with well wishes and congratulations for retiring after 30 years.
PWCC — Employees of the quarter Ofc. Holt and Cpl. Schultz.
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RESIDENT AUDITING COMMITTEE
To report allegations of elderly abuse or neglect within Idaho prisons, contact your local Area Agency on Aging.
The Art Card Project is a production of the South Dakota Prisoners Support Group. Every month the group supports people who are incarcerated with a serene piece of scenery and short story on an art card. The cards are sent free to individuals who are incarcerated, and the subscription continues once they’re freed from incarceration.
South Dakota Prisoners Support Group
PO Box 89
Interior, SD 57750
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INMATE SERVICES AT WORK
2.11.24
Dear Sen. Tammy Nichols, Sen. Cindy Carlson, Rep. Judy Boyle, Rep. Heather Scott, Rep. Charlie Shepherd:
Mr. Sean Anderson informs me that you may be interested in receiving the monthly newsletter that I have enclosed. I write it to help bring light to issues affecting the Idaho Department of Correction community, and to encourage others to share their stories and participate in seeking responsible solutions. Along with an informative body of work and a resource directory for justice-involved individuals, I offer free online subscriptions to my newsletter at bookofirving82431.com.
The original version of this complaint, sent 3.11.24 via snail mail to the local Area Agency On Aging (with additional copies sent over JPay to an Idaho Statesman reporter, the Idaho Prison Project and House Minority Speaker Ilana Rubel), lists the subject’s age at 72 and neglects to mention that he also takes insulin. The version presented here was sent to the Idaho Commission On Aging, although that version also omitted the mention of insulin. It is published here in accordance with the principles driving the Idaho Department of Correction’s (IDOC) new Day One Plus mentor program.
The Day One Plus organization is currently collaborating with IDOC staff and residents to implement a facility-wide customized mentor program to provide residents opportunities “for self-empowerment, education, and to advocate for themselves and their peers,” according to the application that I recently submitted to apply for a mentor position.
The Idaho Commission On Aging‘s website states that the commission “provides a secure Adult Protective Services (APS) online system for mandated reporters and financial institutions to report suspicions of abuse, neglect, self-neglect, and exploitation of vulnerable adults age 18 years and older.”
It also recommends for those who would like to make an anonymous report, “but are not a mandated reporter or financial institution,” to contact their local Area Agency On Aging.
The subject of this post is aware of its contents. He has granted permission for me to widely share this and other information as an advocate and journalist, for nothing in exchange. I have captured his consent on a Resident Concern Form, with the signature of unit staff representing my witness. That form is now working its way through facility mail to an IDOC public information officer.
Ed. – The subject resident’s full name was removed from this post due to privacy concerns.
To: Idaho Commission On Aging
[This message forwarded from a resident of Idaho State Correctional Institution on March 16th, 2024.]
3.11.24
To whom it may concern:
My name is Patrick Irving. I wish to file a complaint regarding the care of Kelly J. [last name redacted], a 69-year-old, partially paralyzed, diabetic amputee who currently resides at the Idaho State Correctional Institution (ISCI).
Mr. Kelly’s left leg is amputated at the thigh. His left arm is paralyzed and contorted in what I’m told is contracture. He claims to have had a stroke in 1999, and to receive diabetes medication in the form of pills once a day.
On February 27, I witnessed Mr. Kelly being pushed in his wheelchair into ISCI Unit 14B, where he was delivered to cell 4 with one plastic foam mattress, some bedding and clothing, and one medium-sized box of personal papers and property. Half of his bedding was brought in soiled in a plastic bag. He was left on the unit wearing white pants stained with blood and urine, one dirty large green t-shirt, and one shoe in good condition. His hair was long and unkempt, his stench was extremely thick, and the prisoner pushing him in indicated that it had been some time since he showered.
I am not a nurse. I have no caretaker training and my cell is not a handicap-accommodating cell.
I was given but few minutes notice to rearrange objects in my cell in such a way that his wheelchair would fit through the door and next to his bed. I had to move my personal locker directly in front of the toilet.
Due to Mr. Kelly’s physical condition, he was unable to move his mattress and property into his cell and make up his bed by himself. I assisted him by placing his mattress on his bunk, his property below it, and then throwing his clean sheets, blankets and pillow on his mattress.
Not only is the toilet in our cell now completely obstructed by a locker and his oxygen machine, it also lacks safety rails. To dump the plastic jug that he has been given to urinate in from his wheelchair and bed, Mr. Kelly must sit himself up, transfer himself to his wheelchair and wheel himself with his urine container to the unit’s community toilet. The same toilet, which lacks safety rails, is also where he must make his bowel movements.
Mr. Kelly’s bed lacks a handle or grip to help him sit up, and twice I have witnessed him bleeding after managing to sit up and dismount the bed himself. The first incident took place the week of his arrival, the second took place today and required a medical response.
The prison has hired an inmate worker to push Mr. Kelly to the cafeteria to pick up his meals to-go. But he frequently misses lunch as his hearing is impaired and it’s hard to hear the call for chow from our cell. When he returns with his meal from the cafeteria, he sometimes requires assistance opening juice cups, milk cartons, condiments, etc. The same worker pushes him to the prison medical building once a day to take his diabetes medications.
In addition to the wheelchair worker, the prison has hired an Inmate Support Person (ISP) to assist Mr. Kelly in basic living skills. The ISP, a fellow prisoner, was hired two days after the following Resident Concern Form, addressed to Warden Davis but responded to by Lt. Wilson, was returned sic:
Date: 2.21.24
Resident Name: Kelly J. [last name redacted] [IDOC number redacted]
Issue/Concern: ‘Mr. Davis, It has come to my atention through other inmates that Sgt. Zavala has issued a direct order demanding that no inmate is allowed to help me to get in or out of my bed or to change my beding even if I happen to accidentally soil myself. It has been told to me that Sgt. Zavala has made it clear that if any inmate attempts to help me in any way that she will give them a [Disciplinary Offense Report]. Warden Davis, as I am severily handicaped with the use of only one arm and the fact that I only have one leg will you please assign a staff member to help me or a qualified inmate to help me to do all of the human functions that I am not able to do?’
Reply [signed and dated 2.27.24 by Lt. Wilson]: ‘ISP workers do not assist in this regard.’
Note that Lt. Wilson responded the same day that Mr. Kelly was transferred to my cell.
The ISP has since appeared twice; once for an hour, once for 30 minutes. Neither time did he assist Mr. Kelly with a shower. Mr. Kelly’s physical condition renders him incapable of fully dressing and undressing himself. He cannot shower without minor assistance. I was the last person to assist him into the shower on Mar. 2 or Mar. 3.
On Feb. 29 or Mar. 1, I returned from school to find him attempting to exit our cell with his coat wrapped in the spokes of his wheelchair. Unlike other Idaho prison cells, ours does not have an emergency button. It also closes with a regular door that obstructs one’s view inside. I am uncertain of how long he was stuck.
In the time that he has lived on my unit, I have watched Mr. Kelly be wheeled multiple times a day through winter conditions with the waist of his pants falling off his nub, exposing him to weather.
On Mar. 9, Mr. Kelly reported feeling nauseous. I approached unit staff for a plastic bag or trashcan for him to vomit into. I reiterated this request multiple times over the next two days and was eventually informed by staff that they wouldn’t provide either.
On Mar. 11, Mr. Kelly woke me at 02:00 to help him sit up and refix the tube to his oxygen machine, which he was unable to reach from his bed or his wheelchair. I reported the incident and was told by staff that it isn’t necessary for me to continue assisting him. They repeated to me, to Mr. Kelly, and to our neighbor that he is faking his inability to perform basic tasks.
They also said that Mr. Kelly was previously held in the ISCI medical annex, but for reasons unexplained has been banned from ever returning.
Your concern is appreciated.
Patrick Irving 82431
ISCI
PO Box 14
Boise, ID 83707
