Stephen L. Pevax American Civil Liberties Union 2160 So. Holly, Suite 201 Denver, Colorado 80222 303-753-1214
Claudia Wright ACLU National Prison Project 1346 Connecticut Avenue, N.W. Suite 1031 Washington, D.C. 20036 202-331-0500

Randy Robinson Howard Bellodoff Idaho Legal Services P.O. Box 973 Lewiston, Idaho 83501 208-743-1556
Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT DISTRICT OF IDAHO

••:••:;>

(MOSCOW DIVISION)

(''LOIS WITKE; GERRY J. ST. JOHN

"ROWELL, gflAltON WILHr?g> MELINDA

KLESATH, DAiRLA HARVEY^" JENNIFER

WINN, PATRICIA YATES, JAiia

^

CARROLL, CATHY TAYLOR, CFRANCI NEi;

JONES, GERA-CPtNE SENSENJG, and

BETTY CURL, on their own behalf

and on behalf of all other

persons similarly situated,

82 SO?8

Plaintiffs, )

vs.
C. W. CROWL, Director, Department of Corrections,RON McKINSEY, Superintendent of the North Idaho Correctional Institution; CHARLES HALL and ROBERT ANDERSON, members, State Board of Correction; and their agents and employees,

COMPLAINT (For declaratory and injunctive relief)

Defendants.

PRELIMINARY STATEMENT This class action lawsuit seeks to rectify the inhumane conditions now existing at the North Idaho Correctional Institution ("NICI"). It also seeks to insure that women prisoners at NICI receive programs and services comparable to those afforded men prisoners in Idaho's correctional facilities. Women prisoners at NICI are subjected to invidious discrimination with respect to such things as work-release, study-release, vocational training, education, employment, recreation, visitation, day passes, furloughs, and parole. Solely because of their gender, they are required to live in an institution which fails to provide them with minimally
Witke v. Crowl

MD-002-001

adequate housing, food, sanitation, medical and psychological care, personal security, recreation, visitation, access to courts, access to publications, and due process of law in classifica-tron, disciplinary and parole procedures. Further, the conditions at NICI are so severe and deprivational as to constitute cruel and unusual punishment.

JURISDICTION AND VENUE

ir

1. Jurisdiction is conferred upon this court by 28 U.S.C.

§1343(3) because plaintiffs' claims for relief are brought pursuant

to 42 U.S.C. §1983. The court has jurisdiction over plaintiffs'

state law claims pursuant to the court's pendent jurisdiction.

2. Venue in this court is proper pursuant to 28 U.S.C. ; §§1391 and 1392.

PLAINTIFFS 3. Each plaintiff is currently imprisoned at the North Idaho Correctional Institution ["NICI"], Cottonwood, Idaho, pursuant to Idaho circuit court orders, and is specifically affected by the conditions complained of herein.

CLASS ACTION ' 4. Plaintiffs bring this action on their own behalf and on behalf of all other women prisoners at NICI, present and future. The nature of this action satisfies all of the requirements of Rule 23 (a), (b) (1) and (b)(2) of the Federal Rules of Civil Procedure for the maintenance of this action as a class action.

DEFENDANTS 5. C. W. CROWL is the Director of the Department of Corrections for the State of Idaho. As such, he has the responsibility under State law to administer Idaho's correctional institutions and provide for the health, safety and welfare of the persons incarcerated there. RON McKINSEY is the Superintendent of NICI. As such, he has the responsibility to direct, supervise and control the day-to-day operation of NICI. CHARLES HALL and ROBERT ANDERSON are the members of the Idaho Board of Corrections. As such, they
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have the responsibility to control, direct and manage Idaho's penitentiaries. ~Art X, §5, Idaho Constitution. They are also required to provide rehabilitative activities, including vocational and educational programs, to prisoners. §520-209, -244, -408, 33-123, Idaho Code.
FACTUAL ALLEGATIONS 6. NICI is located in a remote area of northwestern Idaho, near Cottonwood. It has been a correctional facility for almost Ju a decade. Approximately 120 men and 30 women are incarcerated at NICI. All but two of the men, and several of the women, are at NICI under the State's 120 day "rider" program. See, §19-2601, Idaho Code. The majority of women at NICI have been sentenced for a term of years, or to life imprisonment. No physical or' verbal contact is permitted between the men and women prisoners. 7. NICI is a minimum security facility, and women must initially be classified as minimum security to be placed there. ;*», However, upon arrival at NICI, these women are reclassified as maximum, close, medium or minimum security. In contrast to the open nature of the institution as a whole, the women's unit, a single building, is surrounded by a 12-foot high chain-link fence topped with razor wire. NICI is the only facility available in Idaho for the permanent placement of women prisoners, other than the county jails.
A. SEX DISCRIMINATION 8. Women incarcerated at NICI are suffering invidious discrimination because of their sex. The facilities, programs, services and privileges available to these women are far inferior to those available to the men incarcerated in Idaho's correctional facilities. This discrimination pervades every aspect of institutional life, particularly in the following areas:
Vocational and Rehabilitative Programs 9. Vocational training at NICI is virtually non-existent.
Occasionally a typing course is offered. This course consists of one class per week for 12 weeks. This course has been offered
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three times in the past seven years. There is no meaningful work-release or study-release program at NICI nor any opportunity for women to receive on-the-job training. In contrast, the main prison for men, the Idaho State Correctional Institution (commonly, called "the Yard"), offers a wide range of work-release and study-release programs and on-the-job training opportunities. Men at the Yard also have vocational training available to them in such areas as auto-body repair, electronics, data processing, film processing, leatherwork, and meat cutting, and they can receive substantial wages and job training by participating in various Correctional Industries. The women at NICI have no opportunities of this nature. Even within NICI, male prisoners are allowed work-release while female prisoners are not.

Education

y

10. Although women at NICI may obtain a GED while incar-

"^ cerated, no college courses are offered at the institution. There

is no study-release, in spite of the fact that a junior college is

located nearby. Plaintiffs Howell, Wilhite, and Taylor requested

that they be allowed to take college correspondence courses at

- their own expense. Their requests were denied. College-level

^ courses are offered to men at the Yard through Boise State Univer-

J. sity.

Prison Employment 11. Only one job at NICI offers a salary: kitchen work.
*) For this, women receive 43 cents per day, often working 12 hours per day. There are many jobs at the Yard which offer pay to inmates and the wage is higher than the wage paid at NICI.

Recreation 12. Recreation for men at the Yard is far more extensive
than it is for women at NICI, both in terms of the time allowed for recreation and the equipment and activities available. Men at the Yard are offered a wide range of hobby, craft, religious, and public service clubs, none of which are available for women at NICI. Even the male "riders" at NICI have a better recreational
-4-

program than the women at NICI, having a recreational officer, a fully-equipped weight and exercise room and an organized softball league which the women do not have.
Day Passes and Weekend Furloughs 13. Many men at the Yard obtain day passes and weekend
furloughs on a routine basis. Plaintiffs cannot recall any woman receiving a day pass or weekend Lurlough from NICI within the past few years, although requests for them are made regularly.
Parole 14. Women at NICI are not permitted to attend their initial
hearing before the Idaho Parole Board (an all-iSale institution), nor are they permitted in subsequent parole hearings to have their counselor appear with them. In contrast, men at the Yard are allowed to personally attend all of their parole hearings and have-their counselor appear with them. In addition, women are required to appear before the Board dressed in state-issued clothing ("whites"), while men may wear their own "street" clothes.
Commissary 15. Both the Yard and NICI offer commissary privileges.
Every aspect of these privileges, however, is different between the two institutions. The Yard has its own commissary in which prices are regulated by the State and no sales tax is assessed on inmate purchases. Inmates have access to this commissary once a week. A wide range of items can be purchased, including clothing, stereos and radios. Profits made from the commissary are placed into an inmate welfare fund which provides loans to inmates in family emergencies. The "commissary" at NICI, in contrast, is a private merchant who charges exhorbitant prices and retains all the profits. Access is available only once every two weeks. Women are not allowed to purchase clothing, stereos or radios through the commissary or through any other source.
Telephone 16. Women at NICI are never permitted to make more than
two five-minute telephone calls per month. There is no restriction -5-

on the number of telephone calls men at the Yard can make.

/ Accumulation of Mail 17. Women at NICI are prohibited from possessing more
t,*^1 than ten letters at any one time. When an eleventh letter arrives, one already in their possession must be discarded immediately. Plaintiffs Harvey, Taylor, Carroll and Winn have all been disciplined for possessing more than ten letters. Men at the Yard have no restriction on the number of letters they can possess.

, Photographs

18. Women at NICI are allowed to have in their possession

0

•

only one photograph of a friend. Men at the Yard have no restrict

tion on the number of such photos they may have.

Visitation 19. Every aspect of visitation differs between NICI and
the Yard: (a) men can receive visitors 5 days a week, women 2; (b) the Yard permits contact visits but NICI does not; (c) certain men qualify for "honor" visitation, allowing them to spend more time with their guests, but NICI has no such program; and (d) NICI allows women to place the name of only one friend on their visitation list while the Yard imposes no numerical restriction on visits by friends.

, B. CRUEL AND UNUSUAL PUNISHMENT 20. The conditions of confinement for women at NICI constitute cruel and unusual punishment. These conditions are so severe and deprivational as to cause prisoners to suffer physical and psychological harm which has no valid penological purpose. These conditions are destructive and debilitating, particularly in the following areas:

Physical Facilities 21. Women at NICI are housed in one building in
uncomfortably small rooms, often two or three to a room. This

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building is a fire hazard and is ridden with insects. There are no screens on "the windows. Heating, cooling, lighting and ventilation do not meet minimum health standards. The kitchen is unsanitary and unsafe.

Food 22. Women at NICI are constantly getting sick because the
food served at this institution ic inadequately stored and prepared and fails to meet minimum nutritional requirements. Special diets are not provided to inmates needing them.

Medical, Dental and Psychiatric Care 23. There are no physician, dental or. psychiatric services
provided at NICI except through outside appointments. Appointments are made only in emergency cases. -Preventive medicine, including pap tests, and preventive dentistry, including hygienic care, is not available to inmates. In addition, there is no infirmary at NICI. Sick prisoners remain in the same building with those who are healthy and their medication is dispensed by nonprofessionals. Deficiencies are so severe in terms of medical, dental and psychiatric services at NICI that they constitute a life-threatening situation.

Psychological Services 24. Women have no access to psychological testing or
i
counseling at NICI.
Personal Hygiene Supplies 25. Women at NICI are denied supplies necessary for
cleanliness and good health.

Recreation

26. Recreational opportunities at NICI are restricted

A

and inadequate, resulting in chronic idleness, pain,and discomfort.

Recreation is so limited as to constitute a health hazard.

Visitation and Telephone Calls

27. Access to family and friends by personal visitation

^

and telephone is restricted so severely that incarceration at

NICI is destructive and counter-rehabilitative, causing inmates

to suffer emotional and psychological distress.

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Classification 28. There is no rational, objective system of prisoner
classification at NICI. No attempt is made to segregate violent offenders from non-violent offenders, or to protect weaker inmates from stronger inmates. The threat of violence, and the occurrence of violence, is constant.
Staffing 29. The staff at NICI is inadequate in size and training
to provide inmates with safety and security. The atmosphere amongst inmates at NICI is one of fear and intimidation, largely because administrative personnel have allowed-the stronger and more assertive inmates to dominate others.
C. DUE PROCESS OF LAW 30. Women at NICI are routinely denied fundamental due process of law, particularly in- the following areas:
Access to the Courts 31. NICI deprives women of their right of access to the
courts in the following respects: (a) the law library is inadequate; (b) the law library is only open one hour a day; (c) only women in minimum custody status are permitted to use the law library; (d) attorney-client mail is occasionally read by NICI staff and delayed in delivery to inmates; and (e) plaintiffs have been retaliated against for complaining to authorities about their conditions of confinement.
Censorship 32. Plaintiffs have been denied reasonable access to
publications. NICI has engaged in impermissible censorship in the following respects: (a) women are not permitted to order any publication which costs money; (b) many publications sent to plaintiffs have been confiscated, such as Rolling Stone, Playgirl, and several publications which NICI staff labeled as being "lesbian" orientated; and (c) publications are withheld from plaintiffs without notice to them.
-8-

,Discipline, Punishment and Classification 33. Enforcement of inmate discipline at NICI is arbitrary
and capricious. Disciplinary rules are inadequately postedInmates often are punished and/or reclassified without being afforded prior notice or the opportunity to be heard. In those instances in which hearings are provided, these hearings do not comply with minimal due process requirements: the hearing examiner is not impartial, inmates are not permitted to call witnesses on their behalf, and inmates are denied the opportunity to confront and cross-examine their accusors. In addition, punishment is often arbitrary, excessive and lacks any valid penological purpose.
ADDITIONAL ALLEGATIONS 34. The Idaho Department of Corrections receives federal funds from various federal agencies. Consequently, the di'sparate treatment between men and women prisoners in Idaho's correctional facilities not only violates plaintiffs' right to equal protection of the laws under the Fourteenth Amendment to the United States Constitution, but also violates Title IX of the Education Amendments of 1972, 20 U.S.C. §§1681 et seq., and Title II of the Vocational Education Act of 1976, 20 U.S.C. §§2301 e_t. seq. 35. The policies, practices and conditions described in paragraphs 6 through 34 above violate numerous Idaho statutes regarding the proper care, treatment, security and rehabilitation of persons incarcerated in Idaho's correctional facilities. 36. The actions and omissions of the defendants described in paragraphs 6 through 34 above have been intentional and purposeful and have caused plaintiffs to suffer severe psychological, physical, emotional and other harm and irreparable injury, for which there is no adequate remedy at law.
FIRST CLAIM FOR RELIEF 37. Defendants have failed to provide equal facilities, programs, services, training and care for its men and women prisoners, discriminating against the latter on the basis of sex. This unequal treatment violates plaintiffs' right to equal protection of the laws as guaranteed by the Fourteenth Amendment to the United States Constitution.
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SECOND CLAIM FOR RELIEF 38. Tfie conditions at NICI, including its facilities, programs, practices and policies, subject women prisoners to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution.
THIRD CLAIM FOR RELIEF 39. The v-unditioiii, policies and practices described in paragraphs 6 through 36 above, particularly paragraphs 30 through 33, violate plaintiffs' rights under the First, Sixth and Eighth-Amendments to the United States Constitution, as guaranteed to them through the Due Process Clause of the Fourteenth Amendment.
FOURTH CLAIM FOR RELIEF 40. The conditions, policies and practices described in paragraphs 6 through 36 above, particularly paragraphs 8 through 19, violate plaintiffs' rights under Title IX of the 1972 Education Amendments, 20 U.S.C. §§1681 et. seg.
FIFTH CLAIM FOR RELIEF 41. The conditions, policies and practices described in paragraphs 6 through 36 above, particularly paragraphs 8 through 19, violate plaintiffs' rights under Title II of the Vocational Education Act of 1976, 20 U.S.C. §§2301 e_t seq.
SIXTH CLAIM FOR RELIEF 42. The conditions, policies and practices described in paragraphs 6 through 36 above violate plaintiffs' rights under various Idaho laws providing for the care, treatment, security and rehabilitation of persons confined in Idaho's correctional facilities.
PRAYER FOR RELIEF WHEREFORE, plaintiffs respectfully pray that this honorable court will:
1. Assume jurisdiction of this cause. 2. Determine that this action will be maintained as a
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class action pursuant to Rule 23(a), (b)(l) and (b)(2) of the Federal Rules"of Civil Procedure.
3. Enter a declaratory judgment pursuant to 28 U.S.C. §§2201 and 2202 and Rule 57 of the Federal Rules of Civil Procedure, declaring that the conditions of confinomont, the facilities, programs, services, policies and practices of NICI, violate the right of plaintiffs and the class of women they represent to freedom of expression and association, privacy, access to the courts, equal protection of the laws, due process of law, and their right to be free of cruel and unusual punishment, as guaranteed by the First, Sixth, Eighth, Ninth and Fourteenth Amendments to the United States Constitution.
4. Issue preliminary and permanent injunctive relief pursuant to Rule 65 FRCP, enjoining defendants and their agents and employees from violating or interfering with plaintiffs' rights as guaranteed to them by the First, Sixth, Eighth, Ninth and Fourteenth Amendments to the United States Constitution, and from failing to provide plaintiffs equal facilities, programs, services, policies and practices as those which apply to or govern male prisoners confined in any of the State's correctional facilities.
5. Award plaintiffs their attorneys' fees and costs and such additional or alternative relief as may seem just and equitable under the circumstances.
\
Claudia Wright
Randy Robin/son Attorneys for Plaintiffs
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 </s> Witke v. Crowl

•

•

w

• • • • • • • • ! • • rial

PC-ID-002-006

in: 5hh\

LARRY ECHOHAWK Attorney General
State of Idaho
Statehouse Rm. 210 Boise, Idaho 83720 Telephone (208) 334-2400
ROBERT R. GATES TIMOTHY R. McNEESE TIMOTHY D. WILSON Deputy Attorneys General Corrections Section Statehouse Mail Boise, Idaho 83720 Telephone (208) 334-2318

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO '

LOIS WITKE,, et al.. Plaintiffs,

Civil No. 82-3078

v.

INTERIM AGREEMENT

RICHARD VERNON, et.al.,

Defendants.

INTERIM AGREEMENT

I. PRELIMINARY STATEMENT Plaintiffs' complaint in this class action case was
filed in September 1982. A Stipulated Agreement resolving the issues in the case was approved by the Court in January, 1985, and a Supplemental Stipulated Agreement was approved by the Court in May, 1988.
Plaintiffs filed their Motion for an Order to Show

INTERIM AGREEMENT-1

.1... L
Cause Why Defendants Should Not be Held in Civil Contempt, alleging non-compliance with both previous agreements, on July 13, 1989. That motion is currently pending.
The parties now submit this Agreement (hereinafter, "this agreement") for approval by the Court. The purpose of this agreement is to enforce compliance with the purpose of the terms of the Stipulated Agreement and Supplemental Stipulated Agreement, and to obviate the need for current court intervention.
The parties are presently in dispute as to whether full compliance has been reached with the previous agreements. However, defendants have agreed subject to funding by the Idaho legislature to construct a new institution for women prjjoners__in_ Idaho. It is anticipated that the new facility will be ready for occupancy in approximately two years. This Interim Agreement is intended to supjjJLgment and not to rejpjace^the_ Stipulated Settlement Agreement and Supplemental Stipulated Agreement. It applies to all state institutions where women are housed, unless otherwise specified. It will remain in full force and effect until the plaintiffs are transferred into the new facility. At that time, this Interim Agreement will expire. Notwithstanding any provision of this Interim Agreement, the Stipulated Settlement Agreement approved by the Court in January, 1985, and the Supplemental Stipulation Agreement approved by the^ Court in May. 1988, will remain in full force and effect at all times.
II. GENERAL AGREEMENTS 1. Plaintiffs agree to withdraw their pending Motion
INTERIM AGREEMENT-2

for an Order to Show Cause Why Defendants Should Not be Held in Civil Contempt when compliance with this j|C[re_gment is jrea£h~?aT Plaintiffs reserve the right to seek court intervention during the
pendency of this agreement in any area of non-compliance which
poses a significant threat to the health and safety of the plaintiff class. If such a threat to health and safety should arise, plaintiffs will notify defendants, in writing, and will attempt to resolve the matter with the defendants before requesting relief from the Court.
2. Plaintiffs' counsel will monitor compliance with this agreement. Plaintiffs' counsel, upon providing reasonable advance notice, will have access to all institutions where women are housed and will be allowed to confer with members of the plaintiff class, when doing so would not disrupt the orderly operation of the facility. Defendants agree to provide to plaintiffs' counsel any items of discovery allowable under the Federal Rules of Civil Procedure. Once a year, one medical and one sanitation expert of plaintiffs will tour any Department of Correction facility where women are housed and prepare a written report of their findings and send a copy addressed to both the plaintiffs and defendants. If significant noncompliance is identified during their annual visits, plaintiffs may conduct one additional follow-up tour with their experts during the year. The cost of the tours by the medical and sanitation experts will be borne by the defendants, as part of the costs of the litigation, but will not exceed $10,000 in total, per year, unless it is necessary for the experts to make a return visit, in which case
INTERIM AGREEMENT-3

the total will be limited to costs not anticipated to exceed $20,000. When 1t appears that fees and costs incurred by plaintiffs' experts have exceeded or will exceed this amount, plaintiffs will seek and receive leave of the court prior to expenditure of such costs.
3. Plaintiffs and defendants agree to act in utmost good faith during the pendency of this agreement, and to assist and encourage the efforts of all concerned to meet the ultimate goal of this action, that being full compliance with the terms of the Stipulated Agreement of January 22, 1985 and Supplemental Stipulated Agreement of May 1988.
4. This agreement addresses all the outstanding issues of this case, except that of attorneys' fees and costs. The matter of attorneys' fees and costs will be addressed separately by the parties subsequent to the acceptance of this agreement by the court. The matter of attorneys' fees and costs will in no way affect the validity of this agreement. Plaintiffs will submit detailed schedules of all costs and fees at a time to be agreed upon by the parties.
5. During the planning phase preceding the construction of the new institution, defendants will provide to the plaintiffs reasonable opportunity to review and comment upon all proposals which deal with prisoner programming, staffing patterns, site selection and building plans. The defendants agree to provide this information to the plaintiffs prior to or simultaneous with the submission to the governor, legislature, other state agencies, architects and contractors. The defendants
INTERIM AGREEMENT-4

further agree to provide reasonable notice of actions taken by other branches of government over which it has no control, but which may impact upon the purpose of this agreement.
6. Defendants agree to retain the services of an independent expert or agency selected by defendants to prepare a study of the classification of women prisoners in Idaho to determine the number of beds for all levels of security necessary to meet the needs of public safety and of the inmate population. The expert or agency will also prepare a new classification instrument designed specifically for women. Defendants will provide at least two weeks' advance notice of this study and proposed classification instrument to the plaintiffs and provide the plaintiffs with 30 days to comment on the study before any decisions are made.
7. Defendants agree to comply with all applicable state and federal laws and rules of the Idaho Personnel Commission in recruiting, interviewing and hiring a qualified applicant for the position of warden of the new institution. Defendants will vigorously pursue their affirmative action plan to find a pool of qualified applicants and assert their strongest commitment to the hiring of a qualified person for this position. Upon hiring, this person will be fully involved in whatever pre-operational planning of the construction and programming of the new institution remaining to be accomplished. Prior to the selection of the warden, the superintendent of the Community Work Center-Boise and the women's program coordinator will be involved in all discussions, planning, and committees for the construction and
INTERIM AGREEMENT-5

programming of the new institution. 8. Defendants agree that the new institution will be
in a centrally located metropolitan area of a population of at least 50,000 and which has a college, university, junior college or technical/vocational college and major medical facilities. This proposed site will be located near excellent transportation, and major highways, air and bus terminals. Upon opening, it will offer job and programming opportunities, including on-site correctional industries and off-site employment for eligible prisoners, and be independent of facilities and programming of any other prison. Close custody inmates will be afforded opportunities to participate in correctional industries.
III. SPECIFIC AGREEMENTS Medical and Mental Health - Prof1 no 9. Defendants will maintain a regularly scheduled
obstetric and gynecological clinic. The clinic will be operated by a qualified OB/GYN nurse practitioner. It is open for gynecologic care at least twice monthly. Non-rout1ne gynecologic medical care will be provided by a licensed and board-certified OB/GYN physician who will also provide—emergency -cajrewhenever possible. Defendants will continue to search for a licensed and board-certified OB/GYN physician to run the clinic. Pregnant women wjjj_jrecg1ve care from_a_ncensed and board-certijMj^d_OB-GYN physician throughout their pregnancy, delivery^jinc^ recovery.
10. Defendants will maintain a regularly scheduled orthopedic clinic at least twice a month with additional emergency
INTERIM AGREEMENT-6

care available as needed, provided by a licensed and

board-certified orthopedTc physician.

11. The physician providing general medical care for

inmates will be available at the facility at least two full days a

week. Security concerns, such as transportation logistical

problems, shall not be asserted as a basis for denying medical

care.

12. Defendants will increase the 16 hour per day

nursing coverage to 24 hour per day coverage.

13. Psychiatric coverage will assure that there is

appropriate monitoring of psychotropic medications for efficacy

^

effects. This monitojrinq consists of daily moni toiMnci

for the first two weeks, monthly for the next three months, and

quarterly examinations, once the ^patient is stablized. This

procedure will be used unless the psychiatrist determines that

another plan is appropriate. The plan will be written into the

patient'j medical record. There will be 4 hours of weekly

psychiatric: coverage. Defendants will employ a full-time master

level psychologist or master level social worker to provide 15

hours of individual and group therapeutic services for the women

per week_.

14. Within 30 days_of_ signing of this agreement, the

defendants will take the following steps pursuant to applicable

standards to improve access for physically disabled women: install

bars in the shower room and in at least one toilet stall; repair

all broken showers; lower the shower controls so that they can be

reached from a sitting position; and provide wheelchairs and

INTERIM AGREEMENT-7

ejevator access _f^r^jTy^i^aJJj^isab_Led_wome_n when necessary. The plaintiffs' experts will develop a list of improvements for disabled inmates to be forwarded to defendants, who will undertake the necessary repairs and improvements subject to the covenants and conditions set forth in paragraph 38.
15. Oral surgery, other than that which is characteristic of routine dental care, will be performed only jy_a. qualified, licensed oral surgeon. Defendants will make dental care a part of their quality assurance plan. This plan is set forth in paragraph 16. All dental care shall be provided at State expense.
16. Within 60 days of the signing of this agreement, defendants will develop, implement, and comply with a written plan for a quality assurance program addressing all aspects of medical, dental and mental health care. This will be an ongoing program of obj[ectj[ve evaluaJtion and__ corrective actlon__based upon _such evaluation. The program for quality assurance shall include both independent as well as internal audits. Plaintiffs will review and approve the plan prior to implementation.
17. If any necessary medical, mental health or dental services cannot be provided to the women while they are at Orofino due to a lack of specialists in the area or any other reason, the defendants jrfill send the women to the Boise or Lewiston area for appropriate treatment.
Environmental and Life Safety - Orofino 18. The defendants will develop, implement, and comply
INTERIM AGREEMENT-8

with a written comprehensive preventive maintenance program to address the environmental and life safety provisions in the previous two agreements within 60 days of signing this agreement. This program will cover both major equipment and systems such as heating and cooling, fire safety equipment, plumbing, ventilation, lighting and electricity; and building-related problems, such as the kitchen, bathrooms, recreat^iorn_ living and work areas. The preventive maintenance plan will include a preventive maintenance manual, a list of all equipment and systems, a preventive maintenance schedule, staff assignments, a checklist for what has to be done, an inventory of replacement parts and a log to reflect the date that the item has passed inspection and/or has been repaired. The defendants will also maintain a written record of the date of all maintenance requests and the date the repair was made. Physical facilities will meet the standards agreed to in all previous stipulated agreements. Plaintiffs will review and approve the plan prior to implementation.
19. The facility will comply with Jthe_current Idaho Uniform Electrical Code. All electrical hazards including exposed wires will be repaired by a properly 1 icensed electrician^ in accord with paragraph 38. Missing switch plates will be replaced, and the use of extension cords will be monitored to assure that a
^s avoided. The defendants _wi 11 _request thatjthe^ Idaho_Department of Labor and Industrial Services conduct an -annual Inspection of the_jfacility. The defendants will ask for the first such inspection to be conducted within 30 days of this agreement.
INTERIM AGREEMENT-9

20. Within 30 days of the signing of this agreement,

the appropriate state authority will conduct a fire safety

inspection and defendants will have remedied inadequacies in the

fire safety system. All staff will be trained in the use of the

smoke detection and fire alarm system. A staff person will be

responsible for testing, monitoring jiruMnspecting the fi^eal arm

ajid smoke_ detection system on a monthly basis to make sure it is

working and for documenting the result. Heat and smoke detectors

will be tested by a licensed and certified inspector at least

every six months. Missing and misplaced smoke detectors will be

replaced and installed in proper locations by skilled workers. A

damper will be properly designed and installed so the ventilation

system functions according to the applicable fire code when the

fire alarm is activated. All fire fighting equipment, air tanks,

and extinguishers will be in^p^cj^_moath_ly---by a

person and documented. All fire escape doors along exit routes

will swing in the direction of exit travel. Fire exit drills will

be conducted a t j e a s t 4 times a year_at unannounced times and

under varying conditions to practice safe exit from the building

in the event of a fire. All officers are required to practice

with air breathing apparatuses at^ l e a s t ^ tijnes^a year until the

__

_

.

•

"

sprinkler system is installed, and then every six months

thereafter. Fire exit and air breathing apparatus drills will be

documented in writing to ref 1 ect dates antf partTciTpaivts^ W U h T n

30 days of signing this agreement, a written evacuation plan for

each living, working and indoor recreation area, including maps

showing at least two alternative fire escape routes, will be

INTERIM AGREEMENT-10

developed and posted in the areas covered. All exit signs will be lighted. The work will proceed in accord with the provisions of paragraph 38.
21. Within three months of signing of this agreement, defendants will either (a) provide sufficient emergency power to ensure heat and lighting for the women's facility and adequate supplies for feeding the entire population during an extended outage or (b) extend their emergency power to cover the women's unit and kitchen.
22. In addition to Health District inspections, the defendants will conduct quarterly uliannounced foe inspections. These inspections will be conducted by a qualified staff member with knowledge of food sanitation practices. Reports of visit will be in writing and provided to both parties as well as to the Health District within thirty days of the completion of each visit. Defendants will comply with applicable sections of Title 2, Chapter 19, Idaho Code, Rules Governing Food Sanitation Standards for Eating and Drinking Establishments.
23. Food will be kept at proper temperatures — 45 degrees or less for cold food and 145 degrees or more for hot food. Temperatures will be jtaken inside the refrigerator twice daily, when the refrigerator is first opened each day and near the _end of the day. This information will be made available to the District Health Department during its periodic inspections of the kitchen and made available to plaintiffs upon written request. The refrigerator system will be included in the preventive maintenance program. Food will be kept at proper temperatures
INTERIM AGREEMENT-IT

from the time of preparation until served. Temperatures will be taken and recoxdgd-^f the foo4-a£__the time food is served.
24. Within 30 days of the signing of this agreement, the defendants will establish a fumigation program to eliminate insect and rodent infestations in the kitchen; remedy improper dishwashing and drying; train kitchen workers in personal hygiene; and stop the flow of unclean air from the restroom into the kitchen where food is prepared.
25. Ventilation will be part of the preventive maintenance program.
26. Within 60 days of the signing of this agreement, adequate lighting will be provided in the showers and restroom. Prisoners will be provided with light in their rooms sufficient to provide at least 20 footcandles of light so that they have enough light to read and clean by.
27. Within 60 days of the signing of this agreement, the flow of excessively hot water in the showers and sinks will be controlled and adequate water provided to the segregation cells.
28. The population at_J:he women's faciJjMby at Orofino will not exceed 56. The defendants will provide plaintiffs with weekly population reports of all state facilities housing women.
Reception and Diagnostic Unit 29. Following ACA standards and state law, defendants will develop a plan to bring food service sanitation up to acceptable levels, including cleaning the kitchen, establishing a regular fumigation program to eliminate vermin Infestations, following sanitation practices, and fitting the water supply hose
INTERIM AGREEMENT-12

with a vacuum breaker. This plan will be provided to plaintiffs for approval prior to entering this agreement.
30. No women will be double-bunked for more than 21 days as allowed in Ball a v. Board of Corrections. 656 F. Supp. 1108 (D. Idaho 1987).
31. All mattresses will be made of fire retardant m a t e r i a l ^ Soiled and torn mattresses will be cleaned and repaired^ or replaced.
32. Women will be allowed to have outdoor recreation in areas consistent with their security classification and will not be required to recreate in cages unless their classification is maximum security. They will be allowed at least one hour of outdoor recreation per day, at least five days per week, weather permitting.. Appropriate outdoor recreation equipment and extra clothing during winter months will be provided.
33. jaijit and combustible materials will not be stored in the hallway outside the unit.
34. While at the RDU, women will not be required to participate in the men's program solely because the men are required to do so. Programs for women at the RDU will be consistent with programming that will be provided them in Orofino or as part of the rider program.
35. No woman will spend more than 3 weeks at the RDU, unless for a medical or other legitimate reason. If housed in excess of three weeks due to a legitimate, non-medical reason, such period shall not exceed one additional week.
INTERIM AGREEMENT-13

Programs 36. Hhile in Orofino, close custody women will not be separated from medium custody women except for punishment as determined by the disciplinary system. 37. Prior to entering into this agreement, a women's program coordinator will be hired whose responsibility will be to develop programs for women consistent with the Stipulated Settlement Agreement in this case, and to review and process women's grievances. This person will not be responsible for monitoring this agreement. 38. The defendants will develop a specific program for women riders that is comparable to the program provided to male riders. Women riders will be housed in quarters which are consistent with the requirements of the rider program. If necessary, trailers may be used at the CWC site. These shall be used only as temporary measures until the new prison is built, and shall meet appropriate State and American Correctional Association fire safety standards. No riders will be held at Orofino unless necessitated by a re-classification. 39. The parties acknowledge that in paragraphs 13, 18 and 19 of this agreement, defendants have agreed to undertake the repair, renovation or construction of certain improvements to the institution. That parties further acknowledge that the repair, renovation and construction of the improvements set forth in paragraphs 13, 18 and 19 may be subject to the approval and management of the Idaho Department of Public Works ("Public
INTERIM AGREEMENT-14

Works"). Defendants' obligation with respect to such improvements shall be subject to the following covenants and conditions:
a. Covenants. (1) Defendants will exhaust all current
funds legally available in the Department of Correction's budget for the repair, renovation or construction of the improvements. The women's prison will be given first priority for these funds.
(2) To the extent funds are not available in the defendants' current budget, defendants will request emergency funding for such improvements by making a request to Public Works under IC Section 67-5711B within 30 days of signing the agreement. Copies of any such requests will be provided to plaintiffs.
(3) If the request for emergency funds 1s denied, defendants will within 10 days request sufficient funds to provide for the improvements and will diligently pursue all reasonable efforts to obtain such funds from the governing bodies that control the appropriation of such funds. Copies of any such requests will be provided to plaintiffs.
(4) Defendants will request 1n writing that the Division of Public Works delegate control over the repair, renovation or construction, and improvement of the facilities at ICI-0, where provided and allowed by law. Otherwise, the defendants will diligently pursue all reasonable efforts to assure that Public Works effectuates the repair, renovation or construction of the improvements without delay.
b. Conditions.
INTERIM AGREEMENT-15

(1) Defendants shall not be obligated to

effectuate repair, renovation or construction of improvements for

which no funds are legally available or have been appropriated.

This agreement shall in no way or manner be construed so as to

obligate the State of Idaho beyond the appropriation of any

particular funds by the Legislature of the State of Idaho as may

from time to time exist.

(2) If the cost of any repairs, renovation

or construction exceeds the amount established by Idaho Code,

Section 67-5711, such repair, renovation or construction shall be

made after plans and specifications have been approved by Public

Works and a contract is awarded after bidding in accordance with

the state's statutory bidding procedures.

(3) If the cost of any repairs, renovation

or construction is less than the amount established by Idaho Code,

Section 67-5711, the repair, renovation or construction shall

proceed within 30 days of the signing of this agreement.

DATED This 7 A v day of

f7tl.***n

, 1991.

By Defendants:

By Plaintiffs:

TIMOTHY R J M C N E E S E
Deputy Attorney General

ALEXA FREEMAN
American Civil Liberties Union

NICK MILLER, Chairman Idaho Board of Correction

HOWARD BELODOFF

/[

Idaho Legal Aid, Inc. (^

INTERIM AGREEMENT-16

RICHARD A. VERNON, Director Idaho Department of Correction
INTERIM AGREEMENT-!7

 </s> Witke v. Crowl PC- D-002-007

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

LOIS WITKE, et. al., Plaintiffs,
v. JAMES C. SPALDING, et. al.,
Defendants.

) ) Case No. 82-3978 ) ) SECOND COMPLIANCE ) AGREEMENT ) ) ) )

COME NOW Plaintiffs, by and through their counsel, Ayesha Khan and Howard Belodoff, and Defendants, by and through their counsel, Stephanie A. Altig (hereinafter "Parties"), and hereby agree and stipulate as follows. 1. Scope of Amended Compliance Agreement
The Parties agree and stipulate that with four exceptions noted in section 4 below, Defendants are in compliance with the Compliance Agreement, the Stipulated Settlement Agreement and the Supplemental Stipulated Agreement, filed with the Court on August 2, 1995, November 20, 1984, and March 28, 1988, respectively, and any and all interim agreements filed in this case (hereinafter "prior Agreements").

SECOND COMPLIANCE AGREEMENT - 1

2. Procedural History The procedural history of this case, as set forth in section I of the
Compliance Agreement, is hereby incorporated by reference in its entirety, with the following addition.
On December 19 and 20, 1995, Plaintiffs' counsel Howard Belodoff and Defendants' counsel Stephanie Altig jointly toured the Pocatello Women's Correctional Center (PWCC), with the express intent to identify areas in compliance and in non-compliance under the initial Compliance Agreement. 3. Areas in Compliance
Defendants are in compliance with the following provisions of the Compliance Agreement: Censorship; Passes and Furloughs; Non-Legal Telephone; Personal Hygiene Supplies; Personal Property; Discipline; Parole; Visitation; NonLegal Mail; Medical, Dental, Psychiatric and Psychological Services; Physical Facilities; Initial Classification and Reclassification; and Staffing. Plaintiffs agree to cease monitoring these areas.
Defendants are also in substantial compliance with the following provisions of the Compliance Agreement: Grievance System; General Population Recreation; Vocational Training; Work Assignments; CCU Recreation; and Education. Plaintiffs' counsel agrees to cease monitoring these areas unless Defendants fail to remain in
SECOND COMPLIANCE AGREEMENT - 2

substantial compliance. Defendants are also in substantial compliance with the following provisions
of the Compliance Agreement, with certain exceptions: Access to Counsel and Court (the exceptions of Book Collection and Inventory List and RDU access addressed in section 4 below); Commissary (with the single exception of smoking addressed in section 4 below); and Prison Industries (as soon as the telemarketing industry is established and operative). Plaintiffs' counsel will continue to monitor Defendants' compliance with these provisions, but without assessing fees or costs unless Defendant fail to remain in substantial compliance therewith. 4. Areas in Non-Compliance - Plaintiffs to Cease Monitoring Upon Ascertaining Compliance or After a Reasonable Amount of Time. Whichever is Earlier
a. Smoking -- By Resolution of the Board of Correction on November 3, 1 995, all state prisons will become non-smoking effective on or before November 3, 1996. In addition, the following new male facilities will be tobacco-free upon opening: J-Block of the Idaho Correctional Institution Intensive Management Unit, scheduled to open in mid-January, 1996; Givens Hall at the Idaho Correctional Institution in Orofino, scheduled to open in February, 1996; and the Idaho Falls Community Work Center, scheduled to open in February or March, 1996.
Defendants' counsel will provide Plaintiffs' counsel written notice of the date that the non-smoking resolution becomes effective statewide. Plaintiffs' counsel
SECOND COMPLIANCE AGREEMENT - 3

will cease monitoring immediately upon ascertaining that the non-smoking policy has been instituted system-wide, or after the passage of a reasonable amount of time, which ever is earlier.
b. Book Collection and Inventory List - During the December 1995 compliance tour, counsel for Plaintiffs and Defendants agreed that the Pocatello Women's Correctional Center Law Library is still missing the following: subscription to U.S. Supreme Court Reports, Lawyer's Edition, following volume 113;(ejjsubscription to Titles 18, 28 and 42 of the United States Code Annotated from 1995 forward; aty latest edition of the Prisoner Self-Help Litigation Manual;[ subscription to Pacific Reports, following volume 854;/5» Federal Practice and Procedure, volume 4 - end; and oil latest edition of the Manual for Complex Litigation.
Defendants' counsel will provide Plaintiffs' counsel written notice of the date on which these materials become available for inmate use. Plaintiffs' counsel will cease monitoring immediately upon ascertaining that these materials are available for use by PWCC inmates, or after the passage of a reasonable amount of time, which ever is earlier.
c. RDU Access to Court -- Inmates Housed in RDU RDU inmates will be permitted reasonable physical access to the Pocatello
SECOND COMPLIANCE AGREEMENT - 4

Women's Correctional Center Law Library pursuant to the Idaho Department of Correction's Division of Prisons Directive "Access to Courts." The Directive provides that RDU inmates shall have physical access to the law library if: 1) they have a court ordered deadline; 2) they face parole revocation proceedings; or 3) they have another "legitimate need."
For purposes of this Agreement, a RDU inmate has another "legitimate need" if she wants to file or pursue one of the following actions and is not represented by counsel in that action: 1) a criminal appeal; 2) a Rule 35 motion; 3) a Uniform Post Conviction Procedure Act proceeding; 4) a state habeas corpus petition; 5) a federal civil rights complaint; or 6) a federal habeas corpus petition.
Plaintiffs' counsel will cease monitoring this issue immediately upon ascertaining that RDU inmates are permitted physical access to the law library for the reasons set forth above, or after the passage of a reasonable amount of time, which ever is earlier.
d. Prison Industries -- Defendants plan to have a telemarketing industry established and operative at the Pocatello Women's Correctional Center by the end of January 1996.
Defendants' counsel will provide Plaintiffs' counsel written notice of the date the telemarketing industry is established and operative. Plaintiffs' counsel will
SECOND COMPLIANCE AGREEMENT - 5

cease monitoring this issue immediately upon ascertaining that the telemarketing industry is established and operative, or after the passage of a reasonable amount of time, which ever is earlier. 5. "Good Faith" Compliance Tour
The Parties agree that with the four exceptions noted in section 4 of this Second Compliance Agreement, Defendants are fully in compliance with the prior Agreements. However, the Parties agree that during the summer of 1996, counsel for both parties will take a "good faith" compliance tour of the Pocatello Women's Correctional Center, for the sole purpose of ascertaining Defendants' commitment to ongoing and future substantial compliance with the prior agreements in this case.
If Defendants fail to remain in substantial compliance with the prior agreements in this case prior to or during that tour, the Parties will work together in good faith to resolve the non-compliance informally, without Court intervention, as quickly as possible. If Defendants fail to remain in substantial compliance, Plaintiffs may obtain reasonable costs and attorney fees incurred in conjunction with seeking to remedy the substantial non-compliance.
If at the time of the summer 1996 "good faith" compliance tour, Defendants are found to be in substantial compliance with the prior agreements in this case,
SECOND COMPLIANCE AGREEMENT - 6

the Parties hereby agree to stipulate to final dismissal of this case in its entirety, and ask the Court to enter an order accordingly. 6. Attorney Fees to Howard Belodoff
In consideration for the agreements set forth in paragraphs 1 - 5 of this Amended Compliance Agreement, Defendants agree to pay attorney fees and costs currently owed to Howard Belodoff in the total amount of $22,460.19, on or before December 29, 1995. 7. Final Attorney Fees
Defendants agree to pay Plaintiffs' reasonable attorney fees and costs at the rate set forth in the Stipulation for Award of Attorney Fees, dated January 1 1 , 1993,1 accumulated for the "good faith" compliance tour during the summer of 1996, within 30 days after the Court enters its final order of dismissal of this case or within 6 months of the tour, whichever is sooner. In addition, Defendants agree to pay to the National Prison Project reasonable attorney fees and costs in the amount of $11,500.00 accumulated from April 1, 1995, to January 2, 1996, within 30 days after the Court enters its final order of dismissal of this case or by August 1, 1996, whichever is sooner
1 The irate applicable to Plaintiffs' attorney from the National Prison Project shall be that set forth for Alexa Freeman.
SECOND COMPLIANCE AGREEMENT - 7

The foregoing Second Compliance Agreement is agreed to by the following attorneys of the Parties to this lawsuit:

O,

e

Stephanie A. Altig

^

Deputy Attorney General

Idaho Department of Correction

500 S. 10th Street

Statehouse Mail

Boise, Idaho 83720

Tel. (208) 334-2318

Dated

/ <9s~

Aypsha Khan Staff Attorney ACLU National Prison Project 1875 Connecticut Ave., NW
Suite 410 Washington, DC 20009 Tel: (202) 234-4830
Dated / - I(?-~C)C,

^ H o w a r d Bejdfloff Idaho Legal Aid Services, 310 North 5th Street P.O. Box 913 Boise, Idaho 83701 Tel: (208) 336-8980
Dated

SECOND COMPLIANCE AGREEMENT - 8

 </s> Witke v. Crowl

» •• •••* • • • • • •
PC-ID-002-002

U . S . DISTRICT COURT
DISTRICT OF Piled at

IN THE UNITED STATES DISTRICT COURT MAY 2 6 1983

FOR THE DISTRICT OF IDAHO JERRY I. CLAT-f, Clerk
Deputy LOIS WITKE, e t a l . ,
CIVIL NO. 82-3078 Plaintiffs,

v.

C. W. CROWL, et al., Defendants.

ORDER CERTIFYING CLASS ACTION

On February 3, 1983, plaintiffs moved this court to certify the above-entitled cause as a class action. Defendants do not oppose this certification. After carefully reviewing the file, the court finds that the plaintiffs can establish the prerequisites as set out in Rule 23(a), Fed.R.Civ.P. The court further finds that the action is maintainable as a Rule 23(b)(2) action.
IT IS, THEREFORE, ORDERED that plaintiffs' Motion for Class Certification should be, and the same is hereby, GRANTED. The certification of this class is conditional and may be altered or amended before the decision on the merits. The class shall consist of all women presently incarcerated at the North Idaho Correctional Institution and those women who will be incarcerated there in the future. Since the action is maintainable under Rule 23(b)(2), notice to the

ATTACHMENT A ORDER CERTIFYING CLASS ACTION
"T """I

respective class members will not be required at this time. DATED this //^ day of May, 1983. iy<t- HAROLD L-^ UNITED STATES /DISTRICT JUDGE
-2-

APPENDICES
Vocational ^raining (A) Women will be afforded opportunities in vocational training comparahlp t-p those afforded to male inmates witRin the Idaho Department of Corrections. All monies received for the purpose of providinq such opportunities, including monies received from the federal government, will be fairly allocated between
and mpq to assure comparability in programming. (R) Vocational training for women shall include:
1. encouragement and training in non-traditional occupations comparable to that offered to men; ?. traininq which includes training in technical and skilled areas designed to lead to higher caving jobs upon release, as is provided to men; 3. training which includes both classroom and onthe-job components; 4. training designed to allow women to work in their acquired trades while still incarcerated; 5. training designed to lead to certification of acquired skills. (C) Women who meet security reauirements for community custodv status shall be afforded opportunities to participate in community vocational education,programs. (D) Vocational training programs will include employment and placement counselling prior to release from incarceration.

(E) All women will be provided with vocational and

aptitude testing and counselling.

(F) Women and men inmates workinq in Idaho correctional

facilities will receive eaual pay for equal work.

II.

Education

Women shall be afforded academic opportunities

comparable to those afforded to men. All monies

received for the purpose of providing such

opportunities, includina monies received from the

federal government, will be fairlv allocated between

women and men to assure comoarahilitv in Droqramming.

(B) Educational testing, evaluation and counselling

shall be available to all women.

(C) GED preparation and testing shall be available to

all women. Women also will be afforded the opportunity

to participate in classes to achieve hiqh school

diplomas, as are men. Adult Basic Education will be

available to all women.

(D) Should the opportunity to participate in college

level courses or programs be provided to men, comparable

opportunities will be made available to women.

(E) The Defendants aqree to make aood faith efforts to

assure that educational proqrams are available to all

women. Good faith efforts will be made- to schedule

programs at times outside working hours for women who

have jobs. Women will have the same opportunitv to

complete proqrams as men.

'--'

,> M

III.
IV. V.

Work Assignments

(A) Women shall he allowed to participate in a range of

work assignments comparable to those of men, and for

equal pav, The Defendants agree that women shall have

the^opportunity to engage in meaningful work.

(B) Opportunities to work in all areas of institutional

maintenance will be provided to women of appropriate

security classifications.

(C) Women who meet securitv requirements shall be

allowed to participate in community work programs, as

are men.

(D) Defendants agree to make good faith efforts to

provide women with work assianments related to

educational and vocational goals.

Prison Industries

Women shall be afforded the opDortunitv to participate

in prison industries programs comparable to those of

men. Industries available to women shall be comparable

in content, duality and earnina potential to those of

men.

Recreation

(A) V7omen shall be afforded a range of ohvsical

exercise and leisure time activities comoarable to that

of men.

Adequate and appropriate - supervision,

instruction and eauioment will be provided for such

activities.

-4-

VI. VII.

(B) Recreational programs will be scheduler? to afford each woman the opoortunity to participate reqularly in physical exercise and leisure time activities. (C) Religious activities shall not be restricted except by legitimate institutional necessity.
-TV
(D) Women who meet security requirements shall be allowed to oarticipate in community recreational activities. Passes and Furloughs (A) Regulations governing passes and furloughs shall apoly system-wide without regard to qender. Women shall have eaual access to passes 'and furloughs as men, as described in the attached appendix relating to passes and furloughs. (B) The Defendants agree to make good faith efforts in the promulgation of policies regulating passes and furloughs to take into consideration the proximity of facilities to urban areas. Mileage restrictions shall take into account the need for all incarcerated persons to have access to relatively urban areas when released on passes or furloughs. Parole (A) Policies and procedures regulating dress, transportation, counsellina, housinq and anv other matters relating to the appearance of inmates before the parole board, shall be standardized an^ applied eauallv to all inmates regardless of gender, as described in the attached appendix relating to parole.

-5-

VIII.
IX. X. XI.

Policies reqardinq the submission of information by Defendant's employees to the Parole Board shall be standardized and shall be applied without reqard to qender. Commissary (A) Women will be provided equal access to the commissary and commissary items as men. Prices will be standardized system-wide. (B) Profits from the commissary will ao into the welfare and recreation fund for use in the facility in which the commissary is located. Telephone Policies reqardinq the use of telephones shall be standardized to assure that women have eaual access to telephones as men, as described in the attached appendix relatinq to telephones. Mail Policies reqardinq mail shall be standardized to assure that women have equal access to mail as men, as described in the attached appendix relatinq to mail. Personal Property Policies reaardinq personal property, includinq photoqraphs, shall be standardized to assure that women have equal access to property as men, as., descr ibed in the attached appendix relating to personal proDertv.

XII.

Visitation

(A) Policies regarding visitation shall be standardized

to assure women comoarable access to visitation as men,

as described in the attached appendix relatinq to

visitation.

(B) The Defendants agree to make good faith efforts in

scheduling visitation to accommodate women incarcerated

at ICIO.

XTII. Physical Facilities

(A) Physical facilities will meet American Correctional

Association (ACA) standards, as well as reauirements of

state law, in areas of health and fire safety. Reqular

inspections will be r*one bv state health inspectors and

fire marshalls.

(B) Food will be prepared and served in accordance with

ACA standards and requirements of state lav/. Food will

be adeauate in quantity and nutritional content. Food

will never be denied as punishment.

XIV.

Medical, Dental, Psychiatric and Psychological Services

Medical, dental, psychiatric and psychological services,

including screeninq, testina, evaluation, counselling

and preventive services will be provided in accordance

with ACA standards. Women shall be provided services

equal to those provided to men.

-

XV. : Personal Hygiene Supplies

Policies regarding the dispensing of personal, hvgiene

suoolies shall be standardized department-wide. Hvqiene

-7-

XVI.

supplies will be limited to those in the appropriate custody classifications. Women shall have supplies which are comparable to the men at the same custody classification. Classification (A) Defendants agree to promulqate and implement an objective, risk-based svstem of classification based uoon rational, objective criteria. One system of classification shall be utilized system-wide without reqard to gender, as described in the attached appendix relating to classification. (B) Security classification shall be based upon the use of an objective behavioral evaluation instrument. (C) Intra-institutional program classification shall be based upon rational, objective criteria. Defendants aqree to implement a system-v/ide internal monitoring system to assure that classification decisions are based upon objective criteria. Re-classification of each inmate shall occur on a regular basis, and at least every six months. Defendants shall implement a system which allows women to oetition for re-classification with regard to jobs, housing or program decisions. (D) Classification shall be separate and distinct from the disciplinary svstem. Classification-shall not be utilized as punishment. (E) Women shall he afforded all due process protections including notice, hearing, presentation of evidence, and appeal in all classification decisions.

T r

><' ,

-R-

XVII.
XVIII. XIX. XX.

Discipline

(A) Disciplinarv rules, regulations, policies and

punishments shall be standardized system-wide without

regard to gender, as described in the attached appendix

relating to discipline.

(B) Defendants agree to implement an internal system-

wide monitoring svstem to assure that women are treated

equally to men with regard to disciplinary decisions.

(C) Women shall be afforded all due process protections

including notice, hearing, presentation of evidence,

confrontation and cross-examination of witnesses, and

appeal in all disciplinarv decisions, according to

constitutional recruirements.

Grievance Svstem

Defendants agree to promulgate and implement a

meaninqful, effective, standardized grievance system, as

described in the attached appendix relating to the

grievance system.

Staffing

Defendants agree to provide staff adequate in numbers

and training to assure the safetv an^ securitv of

inmates.

Qualifications, numbers, training and

deplovment of staff shall meet recognized standards of

the ACA or National Institute of Corrections (NIC).

Access to Counsel, and Courts

(A) Women shall be provided with sufficient access to

law librarv, legal materials, lav; clerks and lawyers to

meet constitutional reouirements.

-q-

XXI. XXIT.

(B) Women shall have access to lav/yers by mail or telephone. Legal mail and telephone calls shall be privileged and confidential. Leqal phone calls shall be made via the "blue phone" or through other means for collect calls. (C) Women shall be afforded the opportunity for training and jobs as law clerks comparable to that provided to men. Censorship Women shall be afforded access to mail and publications free of censorship as required by constitutional law. In no case shall women be subjected to censorship more restrictive than that imposed upon men. Good Faith It is intent of the Department of Corrections to provide affirmative and positive programming as aids to rehabilitation. This agreement shall not be construed as an instrument that is intended to reduce the amount of services to male•inmates.

BY DEFENDANTS:

-10BY

Jim Jones Attorney General State of Idaho
Robert R. Gates Deputy Attorney General Corrections Section
A. I. Murphv Director of Corrections State of Idaho

Claudia WriqhtQ ACLU National Prison Project
\
Stephen Pevar j American Civil l/iberties Union
Randv Robinson Howard Bellodoff I'iaho Leqal Services

 </s> I. I.
X

Stephen L. Pevar American Civil Liberties Union ?16O s. Hollv, Suite 701 Denver, Colorado 80722 303-75^-1214

Randy Robinson Howard Bellodoff Idaho Legal Servi 117 S. 6th Street P.O. Box 913 Boise, Idaho 83701

ll
III i6
f /

Claudia Wrigfit ACLU National Prison Project 1346 Connecticut Avenue, NW Suite 402 Washington, D.C. 200?fi 202-331-0500

Witke v. Crowl
• • • • • IBV H B m m
PC-ID-002-003

UNITED STATES DISTRICT COURT DISTRICT OF IDAHO MOSCOW DIVISION

LOIS WITKE, et al.,

)

)

Plaintiffs, )

)

v.

C.A. No. 82-3078

C.W. CROWL, et al., )
Defendants. )

STIPULATED SETTLEMENT AGREEMENT

On September 9, 1982, the plaintiffs in this class action lawsuit filed their complaint alleging violations of the United States and Idaho Constitutions and Statutes. The parties herein now waive hearing and agree to the submission of this Stipulated Settlement Agreement to the court for its review and approval.
It is agreed by and between the parties as follows: 1. This agreement is entered into as a settlement of
an existing dispute between the plaintiffs, individuallv and for those similarly situated, and the defendants as to the appropriate policies, procedures and practices necessary to

operate the North Idaho Correctional Institution women1? s

in a manner which will satisfy federal and state constitutional and statutory stan^ar^s. ^he aqreement additionally nmvi^ps eor

specific, definable and qood faith efforts to be ma^e bv the

defendants to achieve certain goals . for imolementinq and

enforcina these standards, within specified periods of time. This aqreement satisfies and resolves the claims oF the class of

plaintiffs, excepting onlv anv attorneys fees and costs of

plaintiffs' counsel.

2. The class of plaintiffs agree that they shall seek no

further declaratorv or iniunctive relief from the acts, practices

or omissions alleaed in the pleadings, save and except to enforce

the provisions of this aareement.

Corresoondinaly, the defendants aqree not to raise anv defenses oreviouslv aliened in the pleadinas but mav object and

raise defenses as to whether and to what extent thev have met the

terms and conditions of this aqreement.

3. The plaintiffs hrouqht this suit as a class action

seekinq to represent members of the class for purposes of

s^curinq declaratorv and iniunctive relief. For purposes of this

.c_

. '

aareement, the class shall be thos<= persons which the court has

previously indentified and certified as members of the class

pursuant to its order dated w a v ">s, 1.Q9"?, consistent with Rule ?3, Fed. R. riv. P. See Attachment A. The parties aaree- that

this class, for the purpose of this settlement, includes those women committed to tho __j^d_a_hc- Doparfcment of Corrections and

incarcerated in an T^aho correctional facility includinq the~

-7-

1 L.

North Idaho Correctional Tnst i tut ion at ^ottonwoori, T^aho, the
•—
5tate_ communitv work center in Idaho.
4. The defendants aqree to ooerate all institutions housinq class members in a manner consistent with the terms of this agreement, and the Constitutions and laws of the state of Idaho and of the United States.
However, this aoreement in no wav constitutes an adjudication or findinq of anv present or oast unlawful practice by the defendants, it beinq fullv understood that the defendants uneauivocallv denv that anv such acts or practices exist or have occurred.
*. In the event anv orovision of this aareement results in ambiquous interpretation or misunderstandina between the parties, the partv comolaininq of such misunderstandinq shall notify the parties bv mail. The oarties shall have sixtv (£0) davs followinq receint of notification to resolve the nroblem. If the parties are unable to reach aareement within sixtv (50) davs, the issue shall be submitted to the auditor for resolution. No attornevs fees or costs shall be awarded for such clarification if resolved without court intervention.
In the event anv provision of this aoreement is hel^ unlawful bv a court of competent iuri^diction, all other provisions of this aareement shall remain in effect and onlv the riahts an^/or obliqations established in the voided portion shall be extinquish°d.

I.. L
£. The oar ties aoree to retain an independent auditor, who shall he a Person acceptable to both parties, to observe anfl reoort upon compliance with the terms of this aareement, gnr! to qive advice and recommendations to either oartv upon reauest. ^he oarties have aareed to the appointment of Allen F. ^reed as auditor. If in the future the parties are unable to aaree upon an individual, to serve as auditor, each partv will submit the names of three (3) persons willinq to serve in this capacity to the court. The court will then appoint the auditor from, this profferred list.
Fees and expenses of the auditor will be borne bv the defendants, an^ will be limited to a schedule aqre»d upon bv the auditor and the defendants.
Tn carrvinq out the auditor's duties, consistent with the leaitimate reauirements of secnritv, the auditor shall:
a. have unobstructed access to staff, inmates or other knowledqeable persons for interviews or written communication reoardina conditions within the institution. Such interviews or other communications mav ho hpi^ \n private, and the names of those interviewed mav be h°ld in confidence bv the auditor if reouested hv the individual interviewed, or if the auditor believes that release of such information ooses a substantial risk to the person interviewed. The auditor shall not include in anv report information qainer* from anonvmous sources unless that information has been otherwise substantiated. hnv names of persons interviewed withheld from the defendants will likewise be withheld from plaintiffs;

The Director of the I^aho Department of. Corrections shall be aiven the content or nature of such interviews or communications in a manner which shall oreserve the confidentialitv o f the source of the information;
b. Have complete and unobstructed access to Piles, records, reports, memoranda or other documents within the defendants1 custody for purpose? of compliance with the terms of this aareement;
c. Have the authority to retain exoerts to evaluate the technical areas of medical-osvchiatric carp, sanitation, and fire safetv when such assistance ^ c o ^ e s "ecessarv to adeauatelv assess compliance. Local exD«=>rts will be use^ when available, and if local exoerts are not available, exoerts from the National Institute o f Corrections will b^ nso^. The exnerts1 fees and costs will be oaid by the defendants and will be limited to standard MIC fees plus reasonable expenses;
d. Have unobstructed access to tour and insoect the institutions. Ordinarilv the auditor will incorm the Director of Corrections of his plans to visit the institutions, but mav visit unannounced if necessarv.
°. Not be subject to dismissal exceot uoon agreement of both parties, or bv the court uoon motion of on*3 of the parties and a showing o* oood cause.
7. T>h(* auditina period shall m n h i n n p pnr 94 T^^nn^hs ^rnm the date of the approval bv the court of this Stipulate^ Settlement Agreement. Durinq that time the_j2iirLLtar shall—oxeoare five (c^ reports summarizina the auditor's findinas and

-6-
evaluations. Copies of such reports shall be provided to counsel for the parties and the court.
8. Counsel for plaintiffs will be provided with notice of all communications between the auditor and defendants, notice of all visits by the auditor, and notice of all types of the material required by and/or delivered to the auditor by the defendants. Counsel for the defendants will be provided with notice of all communications between the auditor and plaintiffs' counsel. Counsel for the plaintiffs and defendants will also be gzven a summary of all materials reviewed by the auditor. Upon request by counsel for the plaintiffs, the defendants will provide copies of any documents reviewed by the auditor that would be otherwise relevant and discoverable under the Federal Rules of Civil procedure.
9. The auditor, with the agreement of both parties, shall have authority to extend the auditing period for an additional twelve (12) months to allow for compliance, in which case the auditor will prepare two ( 2) more reports of findings and evaluations.
10. After six months, following the date of the approval of this agreement, and at the end of each subsequent six month period thereafter, the defendants will file with the court, the auditor and the plaintiffs a comprehensive plan outlining the means by which they intend to comply with the terms of this agreement.
11. This agreement resolves all the issues raised in the pleadings in this case with the exception of attorneys' fees and costs.

-1 -
Attached hereto ar^ appendices which are incorporated a s n a r t of this Settlement__AjiD??Tont—an^ wh i rh ^norjfy fh° particular relief conteraplate'i bv this Aqreement. Aonon^ices T t^rouah XXII are not subiect to mod if ication. Appendices a-i, incorporated herein bv reference, represent present- policies of the Ida^o Oeoartment of Corrections. The Defendants mav modify these policies at anv time unless the plaintiffs can show that such modification will result in a substantial detriment to the plaintiff class. However, the defendants may modify these policies, recrardless of a detrimental effect to the plaintiff class, upon ? showina that such modifications are essential to the operation of the institution.
17. The Parties aaree that this Stipulated Settlement Aareement will be honored and fulfilled in the utmost aoo^ faith and that, should either party breach any portion of the Aareement, at anv time, the other partv may seek enforcement upon motion to the court.
13. The Parties agree and stipulate that this action mav be dismissed, without preiudice, pursuant to Fed. R. Civ. P. <H, upon full performance, as certified bv the auditor, by all parties to this Stipulated Settlement Aareement.
1A. T'he effective date of this Stipulated Settlement Aareement is the date on whir^ it is approved by this Court.

this 3 1

-R-
of Au9ust

BY DEFENDANT?:

BY PLAINTIFFS:

\ Jim]1 Janes
Att^Sfrnev OeJheral
Stai|e of Ir3!aho
utatJ
Robert R. Gates Deputv Attorney General Corrections Section
.r. Murph'v Director of Corr^ctiions State of Idaho

Claudia VIriqht ACLU National Prison P r o i e c t

^

/

Steohew Pevar

/

American Civil T.iberties Union

Ran'iv Robinson Howard Bel^b^off
Leqal Services

 </s> Witke v. Crowl

PC-ID-002-004
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

LOIS WITKE, et al.,

)

)

Plaintiffs,

)

)

vs.

) CASE NO. 82-3 078

)

JAMES C. SPALDING, et al., )

)

Defendants.

)

COMPLIANCE AGREEMENT I. PROCEDURAL HISTORY
The Complaint in this action w a s filed o n September 9, 1982 on behalf of the women prisoners in the custody of the Idaho Department of Corrections. The plaintiffs alleged that, among other things, they were not provided minimally adequate medical care, housing, food, sanitation, personal security, recreation, and visitation; were not afforded programs and services comparable to those afforded men prisoners in Idaho's correctional facilities; and were not provided with constitutionally adequate legal access.
On November 20, 1984, counsel for plaintiffs and defendants filed with the Court a Stipulated Settlement Agreement resolving all of the issues raised in the Complaint. That Agreement was approved by. the Honorable Harold Ryan on January 22, 1985. The defendants' progress toward compliance with the Settlement Agreement was monitored and reported upon at regular intervals by an Auditor selected by the parties. Although some progress was made, defendants failed to achieve compliance with the Agreement in a number of areas before the monitoring period ended in January

1988. (See Orders of April 17, 1986, January 23, 1987, and August 17, 1987) .
On March 28, 1988, the parties submitted to the Court a Supplemental Stipulated Agreement, providing the defendants with an additional eighteen months, until July 1, 1989, to achieve compliance. The Supplemental Agreement was approved by Judge Ryan on May 13, 1988.
On July 13, 1989, plaintiffs filed a Motion for an Order to Show Cause why Defendants Should not be Held in Civil Contempt. Plaintiffs claimed that defendants were out of compliance with several areas of both the original and supplemental agreements. As a settlement of that Motion, on May 9, 1991, the parties filed a third Agreement with the Court, entitled "Interim Agreement." Defendants agreed to build a new institution for women prisoners in Idaho which they anticipated to be ready for occupancy approximately two years later. The Agreement also obligated the defendants to undertake some improvements in various areas, among them medical and mental health care, environmental and life safety, and programming provided to women prisoners. That Agreement was expressly designed to supplement, and not replace, the two previous agreements and, by its terms, expired when the prisoners were transferred, to the new facility. The Interim Agreement was approved by the Court on July 11, 1991.
The plaintiffs were transferred to the new facility, the Pocatello Women's Correctional Center (PWCC), in April 1994. Since that time, plaintiffs have continued to monitor defendants'

compliance with the Stipulated Settlement Agreement. II. SCOPE OF THIS AGREEMENT
This Agreement does not replace either the Stipulated Settlement Agreement or Supplemental Stipulated Agreement, both of which remain in effect and subject to the continuing jurisdiction of this Court, to the extent consistent with this Agreement. This Agreement sets forth the agreements reached by the parties as to the actions ~.iat defendants have undertaken, and will undertake, as part of compliance with the previously existing Agreements. This Agreement also sets forth those provisions of the Stipulated Settlement Agreement that will be the subject of ongoing monitoring by plaintiffs' counsel and those that will not. The parties are continuing to work toward the eventual dismissal of this case and the release of the defendants from the Agreements. This Agreement is filed in furtherance of that end.
For the purposes of this Compliance Agreement, the provisions of the Stipulated Settlement Agreement are divided into three categories: (1) as to some provisions, defendants have achieved compliance and plaintiffs agree to cease monitoring defendants' compliance in these areas (see § III., below); (2) as to other provisions, the plaintiffs and defendants have recently reached several agreements which, when implemented, would render defendants in compliance, and plaintiffs will continue to monitor defendants' efforts to implement these agreements (see § IV., below); and (3) the remaining provisions are the subject of ongoing negotiations and changes and the defendants' compliance with these provisions

will continue to be the subject of negotiations between the parties and monitoring by plaintiffs (see § V. , below) . III. IN COMPLIANCE, PLAINTIFFS WILL CEASE MONITORING
The defendants are in compliance with the following portions of the Stipulated Settlement Agreement in this case: Censorship, Passes and Furloughs. Non-Legal Telephone. Personal Hygiene Supplies. Personal Property. Discipline. Parole. Visitation, and Non-Legal Ma i1. Plaintiffs will cease monitoring defendants' compliance with these aspects of the settlement agreement.
In addition, defendants are currently in compliance with the Medical. Dental. Psychiatric and Psychological Services provision of the Stipulated Settlement Agreement and plaintiffs agree to cease monitoring thereof. However, defendants are in the process of determining whether to privatize the entire department's system of the delivery of medical care to prisoners. If the DOC decides to privatize the system prior to the full termination of the Agreements in this case, plaintiffs reserve the right to review the adequacy of medical care provided under the privatized system and to enforce the requirement that such medical care comply with the requirements of the United States Constitution and the Agreements in this case.
Finally, with the exception specified on page 12 of this Agreement, defendants are in compliance with the Physical Facilities provision of the Stipulated Settlement Agreement and, subject to that exception, plaintiffs agree to cease monitoring defendants' compliance with this provision.

IV. AGREEMENTS, WITH ONGOING MONITORING

Classification: Defendants agree to continue to conduct the

initial classification and reclassification processes in accordance

with the Policy & Procedure Manual of the Department of Corrections

(DOC) , such that a prisoner will be given at least 48 "".ours notice

of the date and time of the classification committee meeting and

she will be allowed to attend the meeting. If defendants remain in

compliance with this provision through November 1, 1995, plaintiffs

agree to cease monitoring' defendants' compliance with this

provision of the Stipulated Settlement Agreement.

Grievance: The grievance system at PWCC was recently revised

and computerized to ensure timely responses to grievances. Under

this system, the concerned staff member is required to respond to

a grievance within one week from the date it is submitted by the

prisoner, and a "reviewer* is required to evaluate the grievance

and the staff member's response within two weeks of the staff

member's response. In light of these recent changes, plaintiffs

will continue to monitor defendants' compliance in this area. If

defendants remain in compliance with this provision through

November l, 1995, plaintiffs agree to cease monitoring defendants'

compliance with this provision of the Stipulated Settlement

Agreement.,

Vocational Training:

In addition to the current

secretarial/business class offerings (keyboarding, basic computer

literacy, wordperfect, paradox, business machines, shorthand,

secretarial training/business communication, office procedures,

accounting/bookkeeping, medical secretary, legal secretary, machine transcription, business math, quattro pro and desktop publishing), beginning on or before October 1, 1995, the PWCC prisoners will be provided with vocational training in mid-level business management, painting, and cabinetmaking. The painting and cabinetmaking programs will be comparable to those offered to male prisoners at Idaho State Correctional Institution (ISCI).
Work Assignments: Several of the male facilities have inmates who work off-site on "work crews" performing various tasks such as road repair and firefighting. No such crews are currently in place at PWCC. However, the DOC has agreed to explore work crew opportunities for PWCC inmates'. A "special projects officer" has been hired by the DOC to oversee and/or supervise a work crew. Once a crew is put in place, it will employ a minimum of ten inmates, with a commitment by the DOC to expand this number as feasible.
PWCC prisoners will be provided with on-the-job training and learning opportunities in the areas of electricity, plumbing, and other maintenance work, similar to those provided to male prisoners.
CCU Recreation: The DOC will construct a concrete pad for the playing of basketball and a sand volleyball court outside the ecu housing unit for use by_ prisoners housed there. Badminton, basketball, and baseball equipment will be available for prisoners' use. The outdoor recreational facilities will be available for use by CCU prisoners from sunrise to sundown. However, prisoners may

be forbidden from using these facilities at times when they are

required to participate in required programming, education, or

work. Prisoners may also be forbidden from using these facilities

during count times or other reasonable administrative or security

interruptions to normal operations.

Defendants will make their best efforts to achieve compliance

with this provision by October 1, 1995. However, plaintiffs agree

not to take any action regarding non-compliance with this provision

until after November 1, 1995. Plaintiffs and defendants also agree

that if the November 1st deadline is not met, they will meet and

confer in an effort to resolve the matter without Court

intervention. Plaintiffs will continue to monitor defendants'

compliance in this area.

Education:

(1) The courses that appear in the "Robert Janss School

Catalog of Self Study Courses" have now been, and will continue to

be, made available to all PWCC prisoners, including those in the

ecu.

:" •

(2) CCU prisoners will be provided with programming that is

comparable to that provided to prisoners at the male Community Work

Centers (CWC). The Twin Falls Community Work Center has the

following on-site programming: "Breaking Barriers," Drug and

Alcohol Education, Tutoring, Narcotics Anonymous, Alcoholics

Anonymous, Bible Studies, Alcohol and Chemical Treatment Series

Program, Pre-Release, Budgeting, and Job Seeking Skills. The Nampa

CWC has the following on-site programming: pre-release program,

substance abuse education group, substance abuse relapse prevention group, thinking errors phases 1 and 2, AA meetings, NA meetings, anger management group, Bible Study, and parenting group. "
Defendants will make their best efforts to achieve compliance with this provision by October 1, 1995. However, plaintiffs agree not to take any action regarding non-compliance with this provision until after November 1, 1995.» Plaintiffs and defendants also agree that if the November 1st deadline is not met, they will meet and confer in an effort to resolve the matter without Court intervention. Plaintiffs will continue to monitor defendants' compliance in this area.
Access to Counsel and Courts-t This area continues to be the subject of ongoing changes at PWCC and it is plaintiffs' position that defendants are currently out of compliance but are in the process of achieving compliance. However, the parties have reached the following agreements:
(1) Legal Mail: As a result of negotiations between the parties conducted in March 1995, the defendants have achieved compliance with the provisions that appear in this section. In light of the recency of these changes, plaintiffs will continue to monitor defendants' compliance with these provisions. If the defendants remain in compliance through November 1, 1995, plaintiffs agree to cease monitoring defendants' compliance with the provisions that appear in this section.
(a) There will be two correctional officers adequately trained to perform the functions of "mail officer," whose duties
8

include reviewing all mail before it is delivered to the prisoner

recipient. When the regularly assigned mail officer is out for any

reason, such as vacation or illness, the other trained officer will

be assigned to this post.

(b) Outgoing legal mail that is sent directly from the

prisoners' housing units will be deposited, already sealed, in the

drop-off area in the housing unit. The mail officer will inspect

the mail without opening it, unless there is reasonable suspicion

that the envelope contains contraband.

(c) Outgoing legal mail that is sent from the law

library, with the exception of mail from indigent inmates for whom

the DOC is paying postage, will also be deposited_in _a sealed

envelope by prisoners. It will undergo a visual inspection,

without opening, by the mail officer, unless there is* reasonable

suspicion that the envelope contains contraband.

(d) Outgoing indigent prisoners' legal mail., will be

visually scanned for contraband, without reading, in the presence

of the sending prisoner.

-, .,-__ _____

(e) Incoming legal mail to all prisoners, indigent or

otherwise, will not be unsealed or otherwise internally inspected

by prison staff outside of the inmate's presence, except with

written approval by the Warden that documenting a special,

legitimate security need that precludes the inmate's presence.

(f) All mail will be sent and received via the U.S.
Postal Service. Prison employees will not pick up prisoner mail

from any courthouse or other public building.

(2) Book Collection and Inventory List: (a) An inventory of the law library's collection,
together with a brief description of each book's contents, has now
been, and will continue to be, posted in the following places-, the segregation booth in the library, all housing units (including the Reception and Diagnostic Unit and the Special Handling Unit), and in the library itself.
(b) The PWCC law library will contain an up-to-date collection of the reporters and other books listed in the attached Appendix A. Defendants will make their best efforts to achieve compliance with this provision by October 1, 1995. However, plaintiffs agree not to take any action regarding non-compliance with this provision until after November 1, 1995. »
(3) Law Library Staff: (a) PWCC will employ a full-time Correctional Law
Library Supervisor (CLLS) to begin working on or before August l, 1995. The CLLS will be responsible for supervising the law library workers and for assessing their competency on an on-going basis.
(b) Beginning on or before August 15, 1995, prisoner law library workers will be required to undergo the International Correspondence School's Legal Assistant program (with the exception of those positions of the program that have no relevance to prisoner litigation), which will be taught by the CLLS on-site rather than by correspondence. Beginning at the time of receipt by the DOC of the videotapes from Idaho Legal Services, prisoner law library workers will also be required to view two videotapes, one
10

focusing on legal research relevant to prisoner litigation and the other focusing on substantive law relevant to prisoner litigation. In addition, a complete set of the videotapes of the law clerk training provided to prisoners at ISCI or the Idaho Maximum Security Institution (IMSI) will be made available to prisoner law clerks, as well as to other prisoners. No prisoner law library workers shall be allowed to assist other prisoners with legal work unless they have successfully completed the required training, or are in the process of successful completion thereof.
v4) Legal Telephone Calls: The telephone in the segregation booth in the library has been, and will continue to be, designated for attorney-client telephone calls and will not be monitored at any time. Prisoners will be allowed to make collect telephone calls to their attorneys from this phone. This phone has always been available to prisoners for unmonitored attorney-client telephone calls, but prisoners were not aware of this. If defendants remain in compliance with this provision, plaintiffs will cease monitoring defendants' compliance on November 1, 1995.
(5) Access to the Law Library: (a) Effective July 24, 1995, the hours of access to the
law library were expanded as follows: Close custody inmates' access was expanded from five to ten hours per week; segregation inmates' access was expanded from eight to ten hours per week; and medium and minimum custody inmates' access was expanded from eight to fifteen hours per week. Defendants agree to maintain access at least at the level to which it was recently expanded.
11

(b) Prisoners housed in the Reception and Diagnostic Unit (RDU) will be given access to the law library when they have a court ordered deadline, parole revocation hearing, or other legitimate need for access. Either the CLLS or a prisoner law library worker will visit the RDU unit a minimum of once per week, with additional visits on an as-needed basis. V. NO AGREEMENTS REACHED AT THIS TIME, ONGOING MONITORING
: Physical Facilities: There have been occasions on which RDU prisoners at PWCC have been required to sleep on mattresses on the floor due to a lack of adequate space. Defendants have committed to using a tier in the medium custody housing area for the housing of overflow RDU prisoners and to undertaking all possible efforts to ensure that RDU prisoners are not required to sleep on mattresses on the floor in the future. In light of this agreement, plaintiffs will continue to monitor defendants' compliance in this area. However, apart from the issue of RDU prisoners being required on occasion to sleep on mattresses on the floor, and the consequences related thereto, defendants are in compliance with the Physical Facilities provision of the Stipulated Settlement Agreement..
Commissary: PWCC is a non-smoking facility, while prisoners at currently operating male facilities are allowed to smoke. However, the DOC contends that all future facilities, male and female, will be non-smoking, and that there are currently several new facilities under construction. In light of these developments, plaintiffs will wait until the completion of the new construction
12

before an appropriate determination can be made as to whether defendants are in compliance with the requirement of parity with regard to commissary items.
Prison Industries: The DOC is currently advertising in an effort to generate interest from private enterprises to use Correctional Industries workers at PWCC. The DOC is also in negotiations with a telemarketing company in Boise which has expressed interest in setting up a telemarketing program at PWCC, which would employ about eight prisoners at PWCC. In light of these ongoing efforts, plaintiffs will continue to monitor defendants' compliance with this provision.
General Population Recreation*; Substantial efforts are currently underway to increase the recreation time available to general population (close custody, medium custody, minimum custody, and segregation) PWCC prisoners. In light of these efforts, plaintiffs will continue to monitor defendants' compliance with this provision.
Staffing; This aspect of the Stipulated Settlement Agreement affects the following other provisions of the Agreement: classification, grievance, vocational training, work assignments, CCU recreation, education, access to counsel and courts, prison industries, and recreation, all of which remain the subject of continued monitoring by plaintiffs' counsel. For this reason, this provision will remain the subject of continued monitoring as well. To the extent that plaintiffs cease monitoring of defendants' compliance in any of these areas, as set forth in this Agreement,
13

Jul 27.1995 02:24PM FROn

JUL-26-1995 16=54

0414 0414 0416

TO 1202234489G12

P. 01 P. 21

plaintiff a will cease monitoring of defendants' compliance with the Staffing aspects of those areas as well.
Several copies of this document will be available to Inmates in the PWCC law library and a copy will be available in each housing unit. A copy will also be posted in the FWCC library. Prisoners will be informed of the availability of the document through the PWCC Inmate Newsletter.
The foregoing Compliance Agreement is agreed to by the following attorneys of the parties to this lawsuit:

Stephanie Mauliin
Deputy Attorney General
Idaho Department of Correction
500 S. 10th Street
Statehouee Mail Boise, ID 83720
Tel. (208) 334-2318
Dated:

StaYf Attorney ACLU National Prison Project 1875 Connecticut Ave., NW Suite 410 Washington, DC 20009 Tel. (202) 234-4830

Attorney for Defendants

loward Be"lodof f ' ///
Idaho Legal Aid Service*^ Inc. 310 North 5th P.O. Box 913 Boise, ID 83701 Tel. (208) 336-8980
Dated:
Attorneys for Plaintiffs

14
TOTPL P.01 TOTAL P.01

 </s> 1 L

Claudia Wright ACLU National Prison Project 1616 P Street, N.W. Suite 340 Washington, B.C. 20036 (202) 331-0500
Howard Bel/odoff Idaho Leg^l Services P.O. Box 913 Boise, ID 83701 (208) 336-8980

Witke v. Crowl
• • •• •• •• • •
PC-ID-002-005

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

LOIS WITKE, et al. Plaintiffs,
v. C.W. CROWL, et al.,
Defendants.

C. A. No. 82-3078

Supplemental Stipulated Agreement I. Preliminary Statement
The parties to this action entered into a Stipulated Agreement to resolve the issues raised by the plaintiffs' complaint which was filed in September, 1982. The Stipulated Agreement was approved by this court in January, 1985. The defendants' progress toward compliance with the Stipulated Agreement was monitored and reported upon at regular intervals. The seventh and final report of the auditor was filed in January, 1988. That report indicates that defendants have not reached full compliance with the terms of the Stipulated Agreement.

The purpose of this Supplemental Stipulated Agreement is to allow the defendants to continue their progress toward full compliance with the Stipulated Agreement, to protect and preserve the rights of the plaintiffs, and to avoid further litigation at this time.
II. General Agreements (A) Defendants agree to remain in full compliance with
those sections of the Stipulated Agreement which the court has determined to be in compliance, that is, Sections^!, II, III, VI, VIII, IX, X, XV, XXI, and XXII.
(B) Plaintiffs agree to extend the period for compliance to July 1, 1989. Plaintiffs agree not to pursue active litigation, except for_jnonitoring of progress by plaintiffs' counsel, during that period. Plaintiffs may, however, bring to the attention of the court any area of noncompliance which poses a significant threat to the health and safety of the plaintiff class. If such a threat to health and safety should arise, plaintiffs will notify defendants, and will attempt to resolve the matter with the-.defendants before requesting relief from the court.
(C) Defendants may petition the court requesting a finding of full compliance at any time. Plaintiffs will be allowed a reasonable time to respond to such petition.
(D) Plaintiffs and defendants will meet no later than July 1, 1989, to evaluate the status of compliance. If the parties agree that full compliance has been reached, and if such

I... L
compliance is then maintained for no less than six (6) months, the parties will jointly move for a voluntary dismissal of this action. if after July 1, 1989, the parties fail to agree that full compliance has been reached, the plaintiffs will be free to request enforcement of the Stipulated Agreement by the court.
(E) Plaintiffs' counsel will have reasonable access to the institution and to confer with members of the plaintiff class. Defendants agree to provide to plaintiffs' counsel any documents necessary to evaluate the status of compliance upon request.
(F) Plaintiffs and defendants agree to act in utmost good faith during the pendency of this Supplemental Agreement, and to assist and encourage the efforts of all concerned to meet the ultimate goal of this action, that being full compliance with the terms of the Stipulated Agreement of January 22, 1985.
(G) This Supplemental Stipulated Agreement addresses all the outstanding issues of this case, except that of attorneys' fees and costs. The matter of attorneys' fees and costs will be addressed separately by the parties subsequent to the.acceptance of this agreement by the court. The matter of attorneys' fees and -costs will in no way affect the validity of this Supplemental Stipulated Agreement.
III. Specific Agreements (A) The defendants agree to create the position of
Corrections Programs Specialist for female offenders as described in the attached Idaho Personnel Commission Position Description

1. L

Questionnaire (Attachment A ) . Defendants agree to hire an

appropriate person for this position and to place that person on

duty no later than thirty (30) days from the date this

Supplemental Stipulated Agreement is approved by the court.

Defendants agree to provide adequate and appropriate training and

support to allow this person to carry out those duties described

in Attachment A. The Corrections Program Specialist will prepare

quarterly reports describing the general state of women's

programs, progress toward compliance/ and plans for the future.

These reports will be filed with the court and with counsel.

Counsel for the Plaintiffs will be notified within five (5) days

of any change in the attached job description or of any change of

personnel in this position.

(B) Defendants agree to act immediately to reach full

compliance with Appendix XIV, Medical. Dental and Psychiatric

and Psychological Servicesr of the Stipulated Agreement and in doing so agree to accept the findings and recommendations of the

auditor in the Seventh Progress Report (Attachment B ) .

Defendants will submit to the court and' to counsel plans for

compliance and a progress report of compliance with Appendix XIV

no later than thirty (30) days after the date this agreement is

approved by the court, and subsequent plans and reports every

thirty (30) days thereafter during the pendency of this

Supplemental Agreement.

-

(C) Defendants agree that during the pendency of this

Supplemental Stipulated Agreement, and under any and all

1. I.

circumstances, female prisoners will be provided the opportunity for outdoor exerciseno leslT~tfhan one (1) hour per day, five (5) Hays per week.

Dated this By Defendants:

day of By Plaintiffs:

1988.

Timothy R. McNeese Deputy Attorney General Department of Corrections 700 W. State Statehouse Mail Boise, ID 83720

Claudia Wright ACLU National Prison Project 1616 P Street, N.W., Suite 340 Washington, D.C. 20036

Al Murphy Director Department of Corrections 700 W. State Statehouse Mail Boise, ID 83720

Howard Bel doff Idaho Leg Services
Box $13
Boise, ID 83701

Lois Witke Plaintiff Representative
Shannon Kawakarai Plaintiff Representative

Kathy Smith Plaintiff Representative

 </s> January 21, 1997

THE NATIONAL PRISON PROJECT

Pocatello Women's Correctional Center P.O. Box 6049

1875 Connecticut Avenue. NW Suite 410 Washington, DC. 20009 (202) 234-4830 Fax # (202) 234-4890

Pocatello, Idaho 83205-6049

Elizabeth R. Alexander
ACTING DIRECTOR

Re: Witke v. Spalding, Case No. Civ. 82-3078

Stuart H. Adams. Jr. Eric Balaban

Karen Bower

Dear Clients:

Mohamedu F. Jones Ayesha N. Khan

We are writing to inform you that we have entered into an

Mark J. Lopez Marjone Rifkin

agreement with the DOC's lawyer for dismissal of the Witke Margaret Winter STAFF COUNSEL
lawsuit, upon court approval. We entered into the agreement

because we believe the lawsuit has served its purpose and we

Jenm Gainsborough
PUBLIC POUCV COORDINATOR

have achieved all that we are entitled to under the current

state of the law.

We are writing to explain the reasons that

Kelly Gardner
OFFICE ADMINISTRATOR

we hold this view.

Jackie Walker

AIDS INFORMATION
We have carefully reviewed all of the letters you have COORDINATOR

sent to us in the past few months. Unfortunately, with three

possible exceptions, the concerns do not rise to the level of

National Headquarters 132 West 43 Street

violations of the Witke agreements or of the Constitution. New York. NY 10036

Prisoners' rights have been significantly eroded in the past (212)944 9800

many years. For example, your due process and legal access Nadine Strossen

rights have been greatly curtailed. These developments must be PRESIDENT

considered in determining whether the lawsuit has, Ira Glasser

realistically speaking, served its purpose. The two problems EXECUTIVEDIRECTOR

pointed out in your letters that we think merit further

attention are the following:

First, you informed us that the hot water on Unit 3 is difficult to regulate such that it sometimes suddenly turns extremely hot and has burned several inmates.

Second, we were told that the sprinkler system and/or fire

alarm have not gone off during any one of the several

1 ! fires that have occurred in the past — two fires on the
roof in the middle of the night; one in the medium unit

=oo

laundry room from a short in a dryer; one on the minimum . • •o

>;

tier (unit 2) from a short in the heating system; and one

in the art room from a kettle. We were also told that

inmates were not evacuated during any one of these fires.

so.
Third, PWCC has lacked a full-time psychologist since
Clovis Kinney left in March 1996. Although Dr.
Hatzenbuehler spends fifteen hours per week at the
facility, a full-time person is necessary.

We have brought these issues to the attention of the DOC lawyer. We are hoping that they can be taken care of before the lawsuit is dismissed.

Another factor to consider is that this lawsuit is a "class action." It is based on a claim that the entire system is deficient, from a constitutional perspective. Isolated or sporadic instances of a problem do not suffice to maintain a class action; instead, problems must be widespread and recurrent. We do -riot-see*• "evrdeftce: of this -""at PWCC, particularly under the current state of the law of prisoners' rights.

Furthermore, this lawsuit was initiated in an effort to

equalize the treatment of women prisoners with that of men,

particularly with respect to programs. Despite the problems at

PWCC, the programs available to the prisoners at PWCC are

significantly improved over those that were available at

Orofino.

Similarly, although some of you have felt

dissatisfied with the medical care, the medical expert we have

retained — who is extremely competent and well respected —

has told us that the system has greatly improved since Orofino

and that the current system for the delivery of medical care is

reasonably good. Unfortunately, the Constitution demands no

more than that the system be minimally adequate.

The dismissal of Witke will not impact your ability to seek relief from a court on an individual matter of any kind. Furthermore, if there are significant changes to the factual or legal circumstances, you will be able to bring another class action lawsuit regarding the issues raised in Witke. (Of course, the dismissal will not affect you ability to bring a lawsuit regarding issues that were not addressed in Witke.)
When the judge determines whether dismissal of this lawsuit is appropriate, he will be guided by consideration of the factors described in this letter. Nonetheless, if you object to the dismissal, you are entitled to inform the judge of the reasons for your objection. The lawsuit will not be dismissed until the judge has reviewed any objections. Sometime in the near future, you will see a "Notice to the Plaintiff Class" posted around the institution. It will tell you how to file objections, if you believe objections are warranted.
We say all of this in an effort to help you understand the factors that guided our decision-making process. We hope you understand that our decision was made after much deliberation and consideration of all of the available alternatives.

Sincerely,

Ayesha Khan Howard Belodoff

'.ne Samares #48726 fello Women's •fictional Center c 604 6 ^ BOX 604Id6aho 83205-6049
janet Hamilton #40000 pocatello Women's Correctional Center P.O. Box 6046
pocatello, Idaho 83205-6049
Pam Beebee #24531 Pocatello Women's Correctional Center P.O. Box 6046
Pocatello, Idaho 83205-6049
Isabelle Collins #26610 Pocatello Women's Correctional Center P.O. Box 6046 Pocatello, Idaho 83205-6049
Charlene Dickerson #24765 Pocatello Women's Correctional Center P.O. Box 6046
Pocatello, Idaho 83205-6049
Jonnie Sittre-Roles #27526 Pocatello Women's Correctional Center P.O. Box 6046
Pocatello, Idaho 83205-6049
Jo Anna Staley #34225 Pocatello Women's Correctional Center P.O. Box 6046
Pocatello, Idaho 83205-6049

Rebecca Johnson #334 62 Pocatello Women's Correctional Center P.O. Box 6046 Pocatello, Idaho 83205-6049
Bobby Gonzalez #47673 Pocatello Women's Correctional Center P.O. Box 6046 Pocatello, Idaho 83205-6049
Sharon Ervin #30857 Pocatello Women's Correctional Center P.O. Box 6046
Pocatello, Idaho 83205-6049
Pamela Argenbright #4 6122 Pocatello Women's Correctional Center P.O. Box 6046 Pocatello, Idaho 83205-6049
Tina L. Haskinson #46756 Pocatello Women's Correctional Center P.O. Box 6046
Pocatello, Idaho 83205-6049
•Suzanne McCartney #46513 Pocatello Women's Correctional Center P.O. Box 6046 Pocatello, Idaho 83205-6049
Karla Windsor #20103 Pocatello Women's Correctional Center P.O. Box 6046
Pocatello, Idaho 83205-6049

Fairy Jane Owen #40789 Pocatello Women's Correctional Center P.O. Box 6046 Pocatello, Idaho 83205-6049
Paula Alban #41418 Pocatello Women's Correctional Center P.O. Box 6046 Pocatello, Idaho 83205-6049
Laura Wright #25786 Pocatello Women's Correctional Center P.O. Box 6046 Pocatello, Idaho 83205-6049
Monnie Broncho #47378 Pocatello Women's Correctional Center P.O. Box 6046 Pocatello, Idaho 83205-6049
Linda Howard #22345 Pocatello Women's Correctional Center P.O. Box 6046
Pocatello, Idaho 83205-6049
Jodie Hostetler #36372 Pocatello Women's Correctional Center P.O. Box 6046 Pocatello, Idaho 83205-6049

DEPARTMENT OF
CORRECTIONS

V I . I N S T I T U T I O N A L PROGRAMS A W A C T I V I T I E S

SECTION NUMBER:

PAGE NUMBER:

POLICY AND PROCEDURE MANUAL

605 SUBJECT:

1 of 1

Policy for Release of Inmates on Furlough

Policy of the Department

To provide the criteria and procedures whereby selected inmates may participate in the furlough program for the purposes of strengthening such family and community ties as the inmate may have; assisting the inmate in developing, preserving, and maximizing his financial and interpersonal ties; stabilizing responsible social attitudes and behavior; obtaining needed health services not otherwise available; handling emergency situations; and for other purposes consistent with the furtherance of an inmate's rehabilitation plan.

Procedure

1. An Administrator of an i n s t i t u t i o n i s authorized t o grant furloughs i n accordance

with i n s t i t u t i o n a l rules and r e g u l a t i o n s and Idaho Code 20-101C to inmates who

have a good behavior r e c o r d , and are classiffed* under minimum custody s t a t u s .

Each i n s t i t u t i o n or f a c i l i t y s h a l l have a s p e c i f i c furlough procedure. Furloughs

C

granted under I.C. 20-101C s h a l l be i n accordance w i t h s t a t u t o r y requirements. Furloughs may be granted f o r the f o l l o w i n g purposes:

a. Emergencies, including c r i t i c a l i l l n e s s , death, emotional c r i s i s , or similar situations in the inmate's immediate family.

b. Obtaining health services not a v a i l a b l e i n any o f the Department's i n s t i t u tions.

c. Seeking employment i f :

1 . S p e c i f i c j o b interviews have been arranged.

d. Setting residential plans for parole release.

e. Caring f o r business a f f a i r s i n person when not doing so would cause d e p l e t i o n of an inmate's assets or resources so s e r i o u s l y as to a f f e c t h i s family or f u t u r e economic s e c u r i t y .

f. Family v i s i t s in order to strengthen or preserve ^relationships, exercise parental responsibilities, or prevent family division or disintegration.

(a) - passes and furloughs v

..-•-

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'tA'?':'Jiji>'*..:- ^' ^''^h^:' ^^j--' ;v<:::V- : • - " - • ' ' V

1 THE POLICIES AND PROCEDURES OF
THE IDAHO COMMISSION FOR PARDONS AND PAROLE
which pertain to inmates currently incarcerated in The Idaho State Correctional Institutions

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Revised March 1.1984

' .1

TABLE OF CONTENTS

n;;E - n i r PAROLE PROCESS

I . The Primary Interview 1

I 1 . The Piirolp Hearing 2

A . The Schr'rtu! ing

2

B. Thp Pdrolo Hearing

2

C. The Decision

2

R. Escape Pol icy

4

E. Parole Petainpr

4

F. Consecutive Sentences

5

G. Fixed Term and Mandatory Minimum Sentences 5

H. S e l f - I n i t i a t e d Parole Hearings

5

III. Parole Release

6

IV. Discharge from Supervision

7

PART TWO - PARtlON AND COMMUTATION I. Pardon

II. Commutation of Sentence

A. The Petition

9

B. The Hearing

10

C. Fixed Term and Mandatory Minimum Sentences 10

PART THREE - PAROLE REVOCATION

I . The O f f i c i a l N o t i f i c a t i o n

11

II. The Preliminary Hearing 11

III. The On-Site Parole Revocation Hearing

12

IV. The Parole Revocation Hearing

13

APPENDIX 1 (Idaho Code 20-223) 15

APPENDIX 2 (Idaho Code 19-2520)

16

APPENDIX 3 (Idaho Code 19-2513A)

' '

17

APPENDIX 4 (Idaho Code 20-213)

18

FORWARD
The Idaho Commission f o r Pardons and P a r o l e i s a f i v e member b o a r d appointed by the Doard of C o r r e c t i o n s and confirmed by the State Senate.
Members serve f i v e year terms as e s t a b l i s h e d by Idaho Code 20-210.
Hie Commission f u n c t i o n s .ire d e l i n e a t e d and r e s t r i c t e d by the State C o n s t i t u t i o n and the laws of the State of I d a h o .
The p o l i c i e s and procedures which f o l l o w have been e s t e M i s h e d pursuant t h e r e t o . The Commission reserves the r i g h t t o d e v i a t e from these normal procedures whenever i t determines f i a t e x t r a o r d i n a r y circumstances so w a r r a n t . The Commission .vMi t i o n a l l y r e s e r v e s the right to act at i t s discretion in. circumstances not specifically o u t l i n e d by i t s p o l i c y .
F o l l o w i n g p a r o l e , pardon and commutation h e a r i n g s , each county prosecuting a t t o r n e y s h a l l be informed of the a c t i o n t a k e n .

PART ONE - THC PAROLE PROCESS
Parole: A conditional release from a ppnal institution under a contractual agreement between the Commission for Pardons and Parole and a convicted felon. Parole is not a right but a privilege. The process regarding the granting or denial of parole is as follows:
I. The Primary Interview
A. Every inmate will be Interviewed by a .Conmi ssioner or representative of the Commission within six months after being received as- a commitment to the Idaho Department of Corrections. , Exceptions: 1) Any inmate with a sentence of three years or less will 6e given a Primary Interview at three (3) months; 2) Any inmate retained upon rei inqui shrrpnt of jurisdiction by the Court will be interviewed two months following retention.
B. The purpose of the Primary Interview is:
1. To establish the Commission's basic record.
. 2. To Introduce the inmate to the general orientation of the Commission.
3. To make the inmate clearly aware of any sentencing restrictions.
4. To establish the date for the inmate's initial appearance before the Commission.
C. If, concurrently with a spntence restricted under Idaho Code 20-?23 (Appendix I ) , an inmate is serving another sentence for a crime not so restricted, the inmate will not be granted a parole appearance on the unrestricted sentence until he is eligible for parole on the restricted sentence.
D. Where an inmate incarcerated in a facility in another State is eligible for a Primary Interview, the Commission may ask the .idrnini strat ion of that institution to make arrangements which would enable a Ccmmissioner or the Commission's representative to conduct this interview by long distance telephone rather than traveling to the institution where the inmate is incarcerated.
E. An inmate who escapes prior to the Primary Interview will be scheduled for a Primary Interview within six (6) months after being returned to the custody of the Idaho Department of Corrections.
F. Normally, an inmate shall not be considered by the Commission for parole until after the Primary Interview.

11. The Parole Hearing
A. The Scheduling
1 . The Commission f o r Pardons and Parole w i l l hold regular parole hearings and parole revocation hearings each month. These hearings w i l l normally be conducted by a quorum of three Commissioners. The Commission hearing days in January, A p r i l , July and October are normally reserved for the consideration of pardon and commutation hearings by the f u l l Commission, and parole consideration of inmates whose parole hearing i s r e s t r i c t e d by Idaho Code 20-223. (Appendix 1)
2 . Unless otherwise r e s t r i c t e d by Idaho Code 20-223, the length of time between parole hearings shall be based upon f a c t o r s i n c l u d i n g , but not l i m i t e d t o , the length of maximum sentence, seriousness of the i n s t a n t o f f e n s e , extensiveness of the criminal r e c o r d , and r e l a t i v e degree of h a b i l i t a t i v e progress. Any Inmate whose next parole hearing i s scheduled more than t h i r t y (30) months i n the f u t u r e shall receive a jacket review no less frequently than every t h i r t y (30) months.
3 . At l e a s t t h i r t y (30) days p r i o r to the date of the scheduled hearing, a l i s t of the names of the inmates scheduled f o r hearing In t h a t month w i l l be mailed or otherwise communicated t o a l l d i s t r i c t court judges, a l l prosecuting a t t o r n e y s , and a l l s h e r i f f s and c h i e f s of police in the State of Idaho.-
4 . No inmate i s required t o be present at his scheduled parole h e a r i n g , but w i l l be afforded every reasonable opportunity t o do so.
5 . When an inmate i s incarcerated in an i n s t i t u t i o n (Jther than the Idaho State Correctional I n s t i t u t i o n , the parole hearing may, and o r d i n a r i l y w i l l , be conducted e i t h e r by telephone conference c a l l w i t h the Commission or by a Commissioner or representative of the Commission at the i n s t i t u t i o n where i n c a r c e r a t e d . I f the hearing i s conducted at the i n s t i t u t i o n where the inmate 1s Incarcerated, information from the hearing w i l l be presented to the Commission during U s r e g u l a r l y scheduled hearing at which time a decision t o grant or deny parole w i l l be made.
R. The Parole Hearing
1 . The Commission i n v i t e s and encourages the Inmate's c o r r e c t i o n a l counsel o r t o be present at his parole hearing. No witness on behalf of a parole applicant w i l l be allowed to t e s t i f y at parole hearings unless the Commission has reason to believe t h a t he can provide important information which can be obtained i n no other way. Representatives and witnesses must be scheduled through the Executive Secretary at least f i v e (5) days p r i o r t o i the day on which the hearing i s scheduled.
?.. S t a f f members, other than the Inmate's c o r r e c t i o n a l counselor, w i l l not be heard except upon approval or i n v i t a t i o n of the Commission.
C. The Decision
1 . The granting of a parole depends e x c l u s i v e l y upon the d i s c r e t i o n of the Commission for Pardons and Parole. In g e n e r a l , a parole i s granted

only when, in t ho ju'^Jorl"nt of t hn rn-"<\ r,r, i ^n t an i P f M t " , n'Hprwisp e l i g i b l e , w i l l be thought l i v e l y to avoid f u r t h e r v i o l a t i o n of th» law and l i v e as a good c i t i z e n . The Conmission evaluates each case upon i t s i n d i v i d u a l merits and acts to grant or deny release on parole as i t s best judgement d i c t a t e s .
2 . The Commission has established c r i t e r i a " to be used in parole considerat i o n . These c r i t e r i a are f r e q u e n t l y reviewed by the Commission and f a l l w i t h i n c e r t a i n general areas. They pertain t o :
a . The seriousness and aggravation/miti"gation Involved In the crime for which subject i s incarcerated. (
b. Official reports regarding the extent of subject's criminal career.
c. Failure or success of past probation or p a r o l e .
d . I n s t i t u t i o n a l adjustment and a b i l i t y t o conform t o established rules and procedures.
; e . Involvement i n available programs that are l i k e l y to assist subject after release.
f . Evidence of the development of a p o s i t i v e social a t t i t u d e and a w i l l i n g n e s s t o f u l f i l l the o b l i g a t i o n s of a good c i t i z e n .
g. Official reports of exceptional conduct, involvement in Institutional disorder or the exploitation of other inmates.
h. The strength and s t a b i l i t y of the proposed parole p l a n ,
i . Reports of p h y s i c a l , mental or p s y c h i a t r i c examinations.
The Commission may also consider recommendations and information from other sources such as i n s t i t u t i o n a l s t a f f , j u d y e s , prosecuting a t t o r n e y s , law enforcement o f f i c i a l s , defense attorneys and f a m i l y , so long as the information is related to specific facts relevant to the proceedings.
3. Regarding the inmate's parole p l a n : The two main s t i p u l a t i o n s are that the inmate shall have adequate arrangements f o r employment or maintenance and care and an adequate home placement. The adequacy of employment and home placement are determined by a parole o f f i c e r in a preparole i n v e s t i g a t i o n . Inmates w i t h p a r t i c u l a r problems (such as alcoholism, i n c a p a c i t a t i n g physical d i s o r d e r , e t c . ) may be paroled to some f a c i l i t y i n which care w i l l be provided. An educational program may be considered as adequate "employment", provided that the parole applicant presents evidence of a b i l i t y t o complete s u c c e s s f u l l y , work at that academic or vocational level , and provided t h a t evidence of adequate funding Is presented.
4 . A decision to grant or t o deny a parole must he made by a m a j o r i t y of the f i v e members of the Commission. I f , at a regular h e a r i n g , the vote of the three Commissioners 1s not unanimous, t h e case w i l l be continued to a time when a s u f f i c i e n t number of Commissioners are present to obt a i n a majority vote of the f u l l Commission.

5. Once the Commission has marie i t s decision, the Inmate w i l l not be permitted to present additional arguments.
6. If an inmate is involved in a major disciplinary rule Infraction after a parole or f i n a l release date has been granted but before being released, the release w i l l be postponed and the circumstances of the rule infraction reported to the Commission at the inmate's jacket review prior to release. If the case had already been jacket reviewed, the Commission w i l l review the circumstances at i t s next scheduled meeting. The Commission may: (1) reinstate the parole or release date; (2) suspend the parole or release date until the Inmate is ninety (90) days disciplinary free; or (3) rescind the parole or release date granted and schedule another parole hearing.
7. An inmate who is convicted of either a misdemeanor or felony crime committed 1n the i n s t i t u t i o n should expect to be required to serve onethird (1/3) of the time remaining u n t i l the goodtime release date of the sentence being served at the time the crime was committed, or five (5) years, whichever is the l e a s t , before receiving consideration for di scharge or parole.
8. I f , after a parole or final release date has been granted but before an inmate i s released, the Commission receives additional information concerning the inmate which might reasonably have resulted in a parole or release date not being granted at a prior hearing, the Commission may cancel the date granted and schedule another parole hearing.
t l . Escape Policy
This policy requires the inmate to serve one-third (1/3? of the time remaining until the goodtime release date of the sentence being served at the time of the escape, or five (5) years, whichever Is the l e a s t , before receiving consideration for discharge or parole.
1 . When an inmate is found by the I n s t i t u t i o n ' s Adjustment Committee to have violated the I n s t i t u t i o n ' s rules by escaping, or by attempting or conspiracy to escape, and, for any reason, Is not charged with the crime of Escape, he/she may be regarded by the Commission as having escaped, and i t s escape policy may be applied.
2. If an inmate escapes from the custody of the Idaho Department of Corrections and subsequently i s incarcerated in another state correctional f a c i l i t y , the Commission authorizes the sentence being served at the time of escape to recommence on the date of adjudication and/or dismissal of the escape charge by the Idaho j u d i c i a l authorities.
E. Parole to a Detainer
The policy of the Commission with regard to parole to detainers i s , in general, in accord with the principles recommended by the Association of Administrators of the Interstate Compact for the Supervision of Parolees and Probationers.
1 . The 'status of detainers held against prisoners In i n s t i t u t i o n s shall be investigated, Insofar as is reasonably possible, prior to a parole hearing .

I f , at the time of the parole hearing, a v a l i d detainer has heen 1 odgr-d i

against an inmate, the Commission w i l l grant parole to such detainer]

only i f the status of that detainer has been investigated and parole i s i

deemed appropriate.

|

I

I f , prior to the inmate's release, i t i s learned that the detaining j u - |

r i s d i c t i o n w i l l not exercise i t s d e t a i n e r , the parole w i l l be rpgardpd I

as n u l l and v o i d , and the subject must r e t u r n before the Commission f o r

for further consideration.

Consecutive Sentences
t
When an inmate has two or more sentences t o be served c o n s e c u t i v e l y , the f i r s t of the consecutive sentences w i l l be considered as a s i n g l e sentence w i t h l i t t l e regard f o r sentences remaining t o be served at the time of the parole d e c i s i o n . In other words, an inmate s e r v i n g the f i r s t of consecutive sentences o r d i n a r i l y w i l l not receive a f i n a l discharge from his f i r s t sentence any more q u i c k l y than he would be paroled i f t h i s were the only sentence being served.

G. ; Fixed Term Sentences

Inmates convicted and sentenced w i t h Fixed Term sentences are not e l i g i b l e for parole consideration and w i l l not r e c e i v e a parole hearing on these sentences (Appendix 3 ) .

H. S e l f - I n i t i a t e d Parole Hearings

The Idaho State Correctional I n s t i t u t i o n enables inmates to earn work credi t s , and had provided for exchange of work c r e d i t s for a S e l f - I n i t i a t e d Progress Report. Very few hearings are g r a n t e d , and g e n e r a l l y , only when the circumstances have changed s i g n i f i c a n t l y since h i s / h e r l a s t parole hearing.

1 . Inmates requesting a S e l f - I n i t i a t e d Parole Hearing must have had t h e i r I n i t i a l hearing before the Commission.

2 . Inmates who wish a S e l f - I n i t i a t e d Parole Hearing w i l l n o t i f y t h e i r couns e l o r , who w i l l provide them w i t h form " S o l f - I n i t i a t e d Progress Report." When the form i s completed by the inmate and returned to the counselor, the counselor w i l l sign the form, forward i t to the Commission, and i n sure work c r e d i t expenditure i s entered in the inmate's central f i l e .

3. The Commission w i l l review the S e l f - I n i t i a t e d Progress Reports only d u r ing I t s January, A p r i l , July and October meetings.

4 . I f , a f t e r considering the S e l f - I n i t i a t e d Progress Report, the Commission grants a special parole h e a r i n g , the inmate w i l l not be required to exchange work c r e d i t s in a d d i t i o n to those used for the progress r e p o r t . Additionally, the date for the regularly scheduled parole hearing w i l l not be a f f e c t e d .

5. An inmate w i l l be permitted only one special parole hearing in any calendar year.

I I I . Parole Release
A. Following the granting of a parole, the following process begins:
1. The Inmate's correctional counselor submits a "half-sheet" to the Commission. This Is a form which contains the details of the parole plan. Counselors w i l l not submit "half-sheet" forms any earlier than ninety (90) days p r i o r to the tentative parole date for out-of-state plans, and no e a r l i e r than t h i r t y (30) days for Idaho plans.
2. When the plan I s submitted, the Commission secretary compiles a packet of basic data and sends i t to the d i s t r i c t office of the Division of Probation and Parole near where the Inmate wishes to serve parole. I f the inmate has been granted an out-of-state parole, the packet Is sent through the Interstate Compact to that state.
3. When the packet is received 1n the d i s t r i c t o f f i c e , 1t 1s assigned to a parole o f f i c e r who w i l l investigate the plan. In Idaho this investigation 1s usually completed within two weeks from the day i t is received in the d i s t r i c t o f f i c e . For an out-of-state plan, sixty (60) days or longer may be required to complete the Investigation.
4. While the plan 1s being Investigated, the Inmate is required to attend Parole School. This is a period of Instruction on the obligations of being a parolee. An Inmate who is being paroled to a detainer is not required to attend.
B. Upon being granted a parole, the inmate is required to enter into an agreement with the Commission to adhere to a set of standard rules and regulations. The Commission, at i t s own discretion, or upen recommendation of the h a b i l i t a t i o n s t a f f or the parole f i e l d s t a f f , may add additional regulations In specific cases. The inmate w i l l be given a copy of the conditions of parole.
1. A parole release w i l l not be granted u n t i l the Inmate has attended a period of instruction in which the substance and implications of the standard parole rules and regulations w i l l be thoroughly explained.
2. Except in very unusual circumstances, described below, the inmate who 1s granted parole w i l l receive supervision from a parole o f f i c e r . Upon release from the i n s t i t u t i o n , the parolee w i l l receive Instructions about where and when to report to the parole o f f i c e r . Unless a waiver Is received from the Commission In w r i t i n g , parolees are to report to their designated parole officer within twenty-four (24) hours of release to an Idaho plan, or seventy-two (72) hours to an out-of-state plan.
3. Every Inmate supervised in the State of Idaho w i l l be assigned to Class A parole supervision status. A parolee with this status i s carried on the case load of a'parole o f f i c e r and reports to that officer as Instructed. There are three levels of supervision, ranging, from frequent personal interviews to infrequent reporting, by mail. The parolee's level of supervision w i l l be determined by the parole officer and/or the D i s t r i c t Manager of that parole d i s t r i c t .

4. An inmate granted a parole to an out-of-state plan w i l l normally bo assigned Class A parole supervision status. The degree of supervision w i l l be determined by the p o l i c i e s o f the parole division of that state.
a. A parolee who is receiving Class A supervision in another state i s to follow the procedures prescribed by the parole division in that state.
5. In very unusual circumstances an inmate granted a parole to an out-ofstate plan may be placed on Class B parole supervision status (formerly called "unsupervised parole"). An inmate who is granted Class B status i s given a set of monthly report forms upon leaving the i n s t i t u t i o n . These are to be f i l l e d out at the lieginning of each month and sent to the Executive Secretary of the Commission. Any change of address is to be reported immediately to the Executive Secretary. During the time on parole, the Executive Secretary w i l l , on a random basis, request a report from the National Criminal Identification Center to determine i f there have been any unreported arrests.
a. A parolee who 1s serving parole outside of Idaho on Class B status and then returns to Idaho must report to the parole office nearest his/her place of Idaho residence or temporary lodging within seventy-two (72) hours. If permanent residence in Idaho is intended, the parolee w i l l be placed on Class A status and a parole o f f i c e r w i l l be assigned.
6. Whenever any person committed to the custody of the State Board of Corrections shall have been granted a parole, i t shall be the duty of the Records Office to transmit a copy of the parole agreement and i n formation as to the parolee's place of residence to the Prosecuting Attorney of the appropriate county.
IV. Discharge from Supervision
A. The Idaho Code specifies that an inmate released on parole w i l l remain on parole for a minimum of one year, except that he cannot be kept under the custody of the Board of Corrections beyond his statutory release date.
1 . At the end of one year, the supervising parole o f f i c e r may recommend to the Commission either that the period of parole supervision be extended or the parolee be discharged.
2. An inmate paroled from a sentence for a crime specified in Idaho Code 20-223 w i l l be required to serve a minimum period of time on parole equal to one-third (1/3) of the time remaining u n t i l the maximum expiration date, or five (5) years, whichever is the least, before being e l i g i b l e for a final discharge from custody. At the end of the minimum period of parole supervision, the supervising parole o f f i c e r may recommend to the Commission either that a final discharge from custody be granted, or that the period of parole supervision be extended.
3. A parolee on Class B parole may, without a parole o f f i c e r ' s recommendat i o n , request discharge from supervision according to the above guidelines.
4 . A parolee's statutory release date is the maximum f u l l - t e r m expiration date minus the good time accumulated during incarceration.

PART TWO - PARDON AND COMMUTATION
The Commission meets on designated dates in January, April , July and October to consider applications for pardon and applications for commutation of sentence.
I. Pardon
A pardon may be granted to persons who have been convicted of a crime as defined under Idaho Statute and who are able to demonstrate successful citizenship within a community, and who can demonstrate the need or advantages that a pardon w i l l have for them. The following policies w i l l apply:
A. In the absence of some unusual and compelling reason warranting a reduction of the time period, the Commission w i l l not consider a pardon application until the applicant has demonstrated a minimum of three years of successful citizenship in the community after release from the legal custody of the Idaho Department of Corrections. An applicant who was convicted of a crime of violence or crime against the person must demonstrate a minimum of f i v e years of successful citizenship in the community after release from the legal custody of the Idaho Department of Corrections.
B. Upon receiving a pardon application which meets the time requirements specified above, the Commission w i l l :
1. Instruct the applicant to provide l e t t e r s of recommendation from responsible community leaders.
2. Request, i n w r i t i n g , from the parole agency within whose bounds the applicant l i v e s , an investigation to provide data pertaining to his lawabiding behav ior .
3. Request the appropriate law enforcement agency to conduct a review of central records which would reveal any recorded 1 aw violations which may have occurred since his release from custody.
C. When all data have been received, the applicant w i l l be n o t i f i e d as to the date and place of the next meeting of the Commission. I t is not mandatory that a pardon applicant appear before the Commission for a formal interview. However, i f there are ambiguities or inconsistencies in the data which the Commission believes would be c l a r i f i e d i f the applicant were to be questioned, he may be asked to appear at a succeeding meeting of the Commission.
II. Commutation of Sentence
The clemency powers which are granted to the Commission for Pardons and Parole by the Constitution enable the Commission to commute sentences either by reducing the time of maximum sentence or otherwise modifying conditions imposed by the sentencing j u r i s d i c t i o n .
There are two steps in the process of applying for a commutation of sentence. The f i r s t step Is the p e t i t i o n , and the second i s the hearing.

A. The Petition
1. A p e t i t i o n for commutation of sentence should be on a form supplied by the Commission and include the reasons why the inmate believes the c i r cumstances are so extraordinary that the Commission should consider commuting his sentence.
Commutation must be requested in writing by the inmate himself and the petition signed by the inmate; however, the Commission reserves the right to consider a commutation absent p e t i t i o n by the inmate where the Commission feels circumstances warrant such action.
I 2. The Commission w i l l read and consider commutation petitions at i t s
January, A p r i l , July and October meetings. Within one month thereafter the petitioner w i l l be notified by mail of the Commission's decision whether to deny or grant a hearing on the p e t i t i o n ; however, in any particular instance, the Commission may postpone a p e t i t i o n for any length of time pending accumulation of additional information. If the petition is approved, the petitioner w i l l be n o t i f i e d of the month the commutation hearing w i l l be held. The mere granting of a hearing on a petition should not be interpreted as an intent of the Commission to commute a sentence.
3. Petitions must be received in the Commission's o f f i c e no later than the f i r s t of the month i t i s to be considered. Petitions received after the f i r s t of the month w i l l be held for review by the next f u l l Commission month, (January, A p r i l , July or October).
4. Inmates may not submit more than one petition in any 12-month period. In the absence of extraordinary circumstances, a petition may not be submitted u n t i l an inmate has served at least one year of the sentence in the i n s t i t u t i o n or a similar i n s t i t u t i o n to which he might have been transferred from t h i s i n s t i t u t i o n .
5. The petition may include written representations on behalf of the p e t i t i o n e r . The petition w i l l be considered by the Commission without a hearing.
6. I t is the belief of the Commission that only very rarely w i l l a set of circumstances be extraordinary enough for the Commission to approve a p e t i t i o n . I t is impossible for the Commission to specify with any precision what these circumstances might be. Additional information provided by d i s t r i c t court o f f i c e r s , or an unusual contribution by the i n mate to the maintenance of order in the Correctional I n s t i t u t i o n could be regarded favorably. Habilitative progress by i t s e l f w i l l not genera l l y be regarded as sufficient to j u s t i f y the approval of a p e t i t i o n .
7. I t is suggested, but not required, that a l l petitions be submitted through the counselor as i t is a complex document and their guidance mjy be beneficial .

R. The Hearing 1 . When a p e t i t i o n f o r a commutation hearing 1s approved, the hearing shall be scheduled for the next f u l l Commission meeting (January, A p r i l , J u l y , or October). 2 . Policies and procedures governing the conduct of a parole hearing w i l l apply to commutation hearings.
C. Fixed Term and Mandatory Minimum Sentences 1 . I t i s the general p o l i c y of the Commission that f i x e d term or mandatory minimum sentences w i l l not be commuted absent acquiesence or stated lack of objection by the sentencing judge or c o u r t . I f a p e t i t i o n for commutation of a fixed term or mandatory minimum sentence i s approved for a hearing, t h e Commission w i l l n o t i f y said court that commutation w i l l not be granted unless acquiescence or lack of objection i s received in w r i t i n g from t h e court.
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PART THREE - PAROLE REVOCATION
I . The O f f i c i a l N o t i f i c a t i o n
A. When i t appears to the supervising parole o f f i c e r t h a t a parolee i s in v i o l a t i o n of his p a r o l e , a Report of V i o l a t i o n w i l l be prepared and submitted to the Commission. I f , a f t e r examining the facts reported in the Report of V i o l a t i o n , i t i s believed that such action i s i n d i c a t e d , a Warrant of Arrest wil 1 be i s s u e d .
B. I f , f o l l o w i n g the r e c e i p t of a Report of V i o l a t i o n , the Commission issues a Warrant of A r r e s t , the parolee's f i n a l release date i s suspended and he i s regarded as a f u g i t i v e from j u s t i c e . ^
C. I f t h e alleged v i o l a t o r has absconded from s u p e r v i s i o n , or otherwise has become a f u g i t i v e , t h e Warrant f o r h i s a r r e s t may be reported to the national Criminal Identification Center.
D. Within f i f t e e n (15) calendar days f o l l o w i n g h i s a r r e s t and d e t e n t i o n on a Coinnission Warrant, a parole officer, law enforcement o f f i c i a l or representa t i v e of the Commission w i l l d e l i v e r to the alleged v i o l a t o r a copy of the Report of V i o l a t i o n . At t h i s same time the parole o f f i c e r w i l l e x p l a i n the Commission's p o l i c y , ' and w i l l present forms on which the parolee w i l l i n d i cate which r i g h t s he wishes to waive, and those he wishes to exercisr?.
E. A parolee who i s alleged to have v i o l a t e d h i s parole w i l l n o r m a l l y , upon r e t u r n to the Idaho State Correctional I n s t i t u t i o n , be given a hearing before the Commission at i t s next regular meeting.
11 . The P r e l i m i n a r y Hearing
A. Every parolee who i s arrested on a Commission Warrant and charged with a v i o l a t i o n of his parole on some ground other than a c o n v i c t i o n for a new crime or by having absconded, may r e c e i v e a P r e l i m i n a r y Hearing to determine i f there i s probable cause to b e l i e v e t h a t an act which would c o n s t i t u t e a v i o l a t i o n of the parole agreement has ben committed.
B. In the case of a parolee alleged t o have v i o l a t e d parole by being convicted of a new crime or by having absconded, probable cause i s established w i t h the Judgement of Conviction or by the p a r o l e e ' s absence from h i s / h e r proper place of supervision and no P r e l i m i n a r y Hearing need be h e l d .
C. The P r e l i m i n a r y Hearing w i l l o r d i n a r i l y be conducted by a parole o f f i c e r , i n t h e v i c i n i t y , who has not been d i r e c t l y involved w i t h the supervision of the al leged v i o l a t o r .
D. At the Preliminary Hearing the parolee may, w i t h reference to the f a c t s of the alleged violation:
1 . Be represented by an attorney at the parolee's expense.
Z. Appear and speak <n h i s own b e h a l f .
3 . Bring l e t t e r s , documents, or i n d i v i d u a l s who can give r e l e v a n t information to the hearing o f f i c e r ;
1)

1 . Question persons who have given adverse i n f o r m a t i o n on which parole v i o l a t i o n a l l e g a t i o n s are based unless the hearing o f f i c e r determines that the i d e n t i f i c a t i o n of such informant would subject the informant to r i s k of harm.
E. I f , at the Preliminary Hearing, the hearing o f f i c e r concludes that there is probable cause to believe t h a t the parolee I s i n v i o l a t i o n of the parole agreement, the Commission s h a l l Immediately be Informed of t h a t decision and of the reasons for the d e t e r m i n a t i o n and the evidence r e l i e d on. I f probable cause i s not e s t a b l i s h e d , the parole I s r e i n s t a t e d without penalty.
F. The hearing o f f i c e r , at the P r e l i m i n a r y H e a r i n g , w i l l make a tape recording of the e n t i r e proceeding. At the conclusion o f the hearing he/she w i l l prepare a w r i t t e n summary o f the proceedings, I n c l u d i n g the statement s p e c i f i e d in the paragraph above. These, along w i t h any documents presented i n e v i dence, s h a l l be sent to the Commission.
H. An a l l e g e d parole v i o l a t o r may waive h i s r i g h t t o a P r e l i m i n a r y H e a r i n g . Following such waiver, a hearing w i l l be scheduled before the Commission at the Idaho State Correctional I n s t i t u t i o n ; or an On-Site Parole Revocation Hearing maybe requested I f the parolee i s e l i g i b l e under Idaho Code 20-229A.
H. When a parolee serving h i s parole i n another s t a t e i s a r r e s t e d on a Commission Warrant i n t h a t s t a t e and a P r e l i m i n a r y Hearing i s requested, the Commission may make one of the f o l l o w i n g p r o v i s i o n s f o r t h a t P r e l i m i n a r y Hearing:
1 . Request an o f f i c e r o f the parole agency 1n t h a t s t a t e t o conduct the Prel iminary Hearing;
2. Request t h a t an o f f i c e r sent by Idaho's D i v i s i o n o f Probation and Parole conduct the Preliminary Hearing at the place of a r r e s t .
I I . The On-Site Parole Revocation Hearing
A. The Idaho Code provides t h a t a parolee who i s a l l e g e d t o have v i o l a t e d h i s parole on grounds other than a c o n v i c t i o n f o r a new crime or absconding s u p e r v i s i o n , may request t h a t a r e v o c a t i o n hearing be held reasonably near the site of the alleged v i o l a t i o n .
B. The On-Site Hearing w i l l be held w i t h i n t h i r t y (30) days from the time t h a t the alleged v i o l a t o r is served with the Report of Violation following his a r r e s t and d e t e n t i o n .
C. When an a l l e g e d parole v i o l a t o r requests an On-Site Parole Revocation Heari n g , the Executive Secretary, or the chairman of the Commission, w i l l determine the place o f the h e a r j n g . I f more than one v i o l a t i o n i s charged, the hearing i s t o be near the place of v i o l a t i o n c h i e f l y r e l i e d upon as the basis f o r Issuance o f the Commission's Warrant. The Executive Secretary w i l l advise the alleged v i o l a t o r of the time and place of the hearing. I f necessary, the parole staff in that d i s t r i c t w i l l transport the alleged violator to the place of the hearing.
D. O r d i n a r i l y the On-Site Parole Revocation Hearing w i l l be conducted by a Commissioner, or the Commission's appointed hearing o f f i c e r .
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E. At the P i - S i t e Parole Revocation H e a r i n g , the d e c i s i o n w i l l be rendered within twrnty (70) days of the date of the On-Site Hearing.
F. The 0n-S>te Parole Revocation Hearing w i l l be recorded or r e p o r t e d . The t r a n s c r i p t of the hearing w i l l o r d i n a r i l y be r e t a i n e d for only s i x (6) months.
G. Where the aliened v i o l a t i o n took place in another s t a t e , and the designated hearing o f f i c e r f i n d s probable cause, the parolee may request that an OnSite Parole Revocation Hearing be conducted . This request must he accompanied by a l e t t e r from the alleged v i o l a t o r s t a t i n g why'he believes that an On-Site Parole Revocation Hearing i s w a r r a n t e d . The d e c i s i o n whether t o grant an On-Site hearing w i l l he at' the d i s c r e t i o n of the Commission.
H. The r u l e s as stated below ( H , C, D) apply a l s o t o the On-Site Parole Revocation Hearing.
I V . The Parole Revocation Hearing
A. I f an alleged parole v i o l a t o r i s not n l i g i b l o f o r an On-Site Parole Pevoca. t i o n Hearing, or i f he waives t h a t r i g h t , he w i l l he r e t u r n e d to the c o r r e c t i o n a l i n s t i t u t i o n as soon as p r a c t i c a b l e f o r a Parole Revocation Hearing before the Commission at i t s monthly m e e t i n g . Unless the alleged v i o l a t o r requests a continuance, as s p e c i f i e d b^low, the period of time be'.wen h i s r e c e i p t of the Report of V i o l a t i o n and the Parole Revocation Hearing at the correctional i n s t i t u t i o n w i l l not exceed f o r t y - f i v e (45) days.
R. A parolee whose Parole Revocation Hearing i s being conducted by a Commiss i o n e r , or the Commission's appointed hearing o f f i c e r , at an On-Site Parole Revocation Hearing, or by the Commission at the c o r r e c t i o n a l i n s t i t u t i o n , w i l l be given the o p p o r t u n i t y to presi-nt w i t n r ^ e s and documentary evidence relating to the alleged parole v i o l a t i o n . I f the aliened v i o l a t o r desires witnesses, the hearing w i l l be postponed f o r a reasonable t i n e f o r the purpose Of o b t a i n i n g witnesses. Any witness presented by the alleged v i o l a t o r must be approved by the hearing o f f i c e r to assure t h a t the witness w i l l p r e sent information actually pertaining to the allegations or m i t i g a t i o n . Witnesses, when not g i v i n g t e s t i m o n y , w i l l o r d i n a r i l y be e x c l u d e d .
C. I f the alleged v i o l a t o r desires to be r e p r e s r n t d by an a t t o r n e y , i t must be at the parolee's expense except under the f o l l o w i n g circumstances: i f the alleged v i o l a t o r presents proof of indigency; and (a) t h e r e i s a t i m e l y and colorable claim t h a t the alleged v i o l a t i o n of the c o n d i t i o n s of parole was not committed; or (b) there i s a t i m e l y and c o l o r a b l e c l a i m t h a t , although there has been a v i o l a t i o n of the parole agreement, t h e r e are s u b s t a n t i a l reasons which j u s t i f i e d or m i t i g a t e d the v i o l a t i o n and make r e v o c a t i o n i n a p p r o p r i a t e , and t h a t the reasons are complex or otherwise d i f f i c u l t t o develop or present. If the Commissioner, or the Commission, believes that i t 1s warranted w i t h i n the above c r i t e r i a , an a t t o r n e y w i l l be provided f o r the alleged v i o l a t o r at s t a t e expense; and the Parole Revocation Hearing w i l l be delayed f o r a reasonable time t o a l l o w the a l l e g e d v i o l a t o r t o o b t a i n counsel. If the request for counsel i s refused, the grounds for refusal w i l l be stated f o r the r e c o r d .
D. A Parole Revocation Hearing I s not a s t r i c t j u d i c i a l procedure. I t i s a process f l e x i b l e enough t o consider evidence not normally admissable in an
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adversary criminal t r i a l . Furthermore, i t is not required that the alleged v i o l a t i o n bo proven heyond a reasonable d o u b t ; r a t h e r , i f t h e r e i s a preponderance of evidence t h a t parole has been v i o l a t e d , the Commissioner or Catimission conducting t h e h e a r i n g may so r u l e .
E. Persons s e r v i n g a p a r o l e granted by the Idaho Commission f o r Pardons and Parole who are c o n v i c t e d of an o f f e n s e i n another s t a t e and who are s e r v i n g a sentence i n t h a t o t h e r s t a t e may r e c e i v e a Parole Revocation Hearing i n absentia.

Appendix 1
Idaho Code 20-223. P a r o l e , r u l e s and r e g u l a t i o n s g o v e r n i n g - R e s t r i c t i o n s - Psychiatric or psychological examination.
"The Commission s h a l l have the power to e s t a b l i s h r u l e s , r e g u l a t i o n s , p o l i c i e s or procedures i n compliance w i t h chapter 5 2 , t i t l e 67^ Idaho Code, under which any p r i s o n e r , excepting any under sentence of d e a t h , may be allowed t o go upon p a r o l e but t o remain w h i l e on parole i n the l e g a l custody and under the c o n t r o l of the board and s u b j e c t to he taken back i n t o confinement a t the d i r e c t i o n of the commiss i o n ; p r o v i d e d , however, t h a t no person s e r v i n g a Xi fe sentence or s e r v i n g a term of t h i r t y (30) or more years s h a l l be e l i g i b l e f o r r e l e a s e on p a r o l e u n t i l he has served a t l e a s t ten (10) years and no person s e r v i n g a liesser sentence for any of the f o l l o w ing crimes; homicide i n any degree, t r e a s o n , rape by f o r c e or t h r e a t of b o d i l y harm, i n c e s t , crime against n a t u r e , committing a lewd act upon a c h i l d , robbery of any k i n d , k i d n a p p i n g , b u r g l a r y when armed w i t h a dangerous weapon, or w i t h an attempt or a s s a u l t w i t h i n t e n t t o commit any of said c r i m e s , or as an h a b i t u a l o f f e n d e r , s h a l l be e l i g i b l e f o r release on parole u n t i l said person has served a p e r i o d of f i v e ( 5 ) years or o n e - t h i r d ( 1 / 3 ) of the sentence, whichever i s the l e a s t . The p r o v i s i o n s o f t h i s s e c t i o n s h a l l a f f e c t o n l y those persons who a r e sentenced on or a f t e r t h n f i r s t day o f J u l y , 1980, and are not intended to r e p e a l or amend s e c t i o n s 19-2513A, 19-2520A, Idaho Code.
"No person serving a sentence f o r r a p e , i n c e s t , c o m m i t t i n g a lewd act upon a c h i l d , crime a g a i n s t n a t u r e , or w i t h an i n t e n t or a n - a s s a u l t w i t h i n t e n t t o commit any of the s a i d crimes or whose h i s t o r y and conduct i n d i c a t e t o the commission t h a t he i s a sexual l y dangerous person, s h a l l be released on p a r o l e except upon the examination and e v a l u a t i o n of one or more p s y c h i a t r i s t s or p s y c h o l o g i s t s t o be selected by the commission and such e v a l u a t i o n s h a l l be d u l y c o n s i d e r e d by the commission i n making i t s p a r o l e d e t e r m i n a t i o n . The commission may, i n i t s d i s c r e t i o n , l i k e w i s e r e q u i r e a s i m i l a r examination and e v a l u a t i o n for persons s e r v i n g sentences f o r crimes o t h e r than those above enumerated. No p s y c h i a t r i s t or p s y c h o l o g i s t making such e v a l u a t i o n s h a l l be held f i n a n c i a l l y responsible t o any person f o r denial of parole by the commission or f o r the r e s u l t s of the f u t u r e a c t s of such person i f he be granted p a r o l e .
"Refore c o n s i d e r i n g the parole of any p r i s o n e r , the commission s h a l l a f f o r d the p r i s oner the o p p o r t u n i t y t o be i n t e r v i e w e d . A p a r o l e s h a l l be ordered o n l y f o r the best i n t e r e s t s of s o c i e t y , not as a reward of clemency and i t s h a l l not be considered t o be a r e d u c t i o n of sentence or a pardon. A p r i s o n e r s h a l l be placed on parole o n l y when arrangements have been made f o r h i s employment o r maintenance and c a r e , and when the commission b e l i e v e s the p r i s o n e r i s able and w i l l i n g t o f u l f i l l the o b l i g a t i o n s of a l a w - a b i d i n g c i t i z e n . The commission may a l s o by i t s r u l e s , r e g u l a t i o n s , p o l i c i e s or procedures f i x the times and c o n d i t i o n s under which any a p p l i c a t i o n denied may be r e c o n s i d e r e d . " ( I . C . , 20-223, as added b y 1980, c h . 297, 6 , p. 7 6 8 ) .

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15

Appendix 2
Idaho Code 19-2520. Sentence for use of firearm or deadly weapon.
"Any pprson convicted of a violation of sections 18-905 (aggravated assault defined), 18-907 (aggravated battery defined), 18-909 (assault with intent to commit a serious felony defined), 18-911 (battery with intent to commit a serious felony defined), 18-1401 (burglary defined), 18-2501 (rescuing prisoners), 18-2505 (escape by one charger) with or convicted of a felony), 18-2506 (escape by one charged with or conv i c t r d of a misdemeanor), 18-2703 (resisting o f f i c e r s ) , 18-4003 (degrees of murder), 18-4006 (manslaughter), 18-4015 (assault with intent to murder), 18-4501 (kidnapping defined), 18-4604 (grand larceny defined), 18-5001 (mayhem defined), 18-6101 (rape defined), or 18-6501 (robbery defined), Idaho Code, who displayed, used, threatened, or attempted to use a firearm or other deadly weapon while committing the crime, shall , in addition to the sentence imposed for the commission of the crime, be imprisoned in the state prison for not less than three (3) nor more than f i f t e e n (15) years. Such additional sentence shall run consecutively to any other sentence imposed for the above cited crimes.
"For the purposes of this section, 'firearm' means any deadly weapon capable of ejecting or propelling one or more projectiles by the action of any explosive or combustible propel 1 ant, and includes unloaded firearms and firearms which are inoperable but which can readily be rendered operable.
"The additional terms provided in this section shall not be imposed unless the fact of displaying, using, threatening, or attempting to use a firearm or other deadly weapon while committing the crime is separately charged in the information or indictment and admitted by the accused or found to be true by the t r i e r of fact at the t r i a l of the substantive crime; provided, however, that the prosecutor shall give notice to the defendant of intent to seek an enhanced penalty at or fefore the preliminary hearing or before a waiver of the preliminary hearing, i f any.
"This section shall apply even in those cases where the use of a firearm i s an element of the offense." ( I . C . , 19-2520, as added by 1977, c h . 10, 1 , p. 20; am. 1980, ch. 296, 1 , p. 767; am. 1983, ch. 183. 1 , p. 496.)

Appendix 3
19-2513A. Alternative fixed term sentence.
"As an alternative to an indeterminate sentence for any person convicted of a felony, the court, in its discretion, may sentence the offender to the custody of the state hoard of correction for a. fixed period of time of not less that two (2) years and not more than the maximum provided by law for said felony. [I.C. § 19-2513A, as added by 1977, c h . 2 4 3 , § I , p . 720.]"

16

17

/lppr>ndix 4 2()-?13. Meetings as s t a t e commission of pardons and paroles - N o t i c e , p u b l i c a t i o n , contents. "The commission s h a l l meet at such times and places as I t may p r e s c r i b e , but not l e s s than q u a r t e r l y . I f a p p l i c a t i o n s f o r pardon or commutation are scheduled t o be considered at such m e e t i n g , n o t i c e s h a l l be published i n some newspaper of general c i r c u l a t ion at Roise, Idaho, at l e a s t once a week f o r f o u r (4) consecutive weeks, immed i a t e l y p r i o r t h e r e t o . Such n o t i c e s s h a l l l i s t the names of a l l persons making app l i c a t i o n f o r pardon or commutation and a copy of such n o t i c e s h a l l i m m e d i a t e l y , upon the f i r s t p u b l i c a t i o n t h e r e o f , be mailed t o each prosecuting a t t o r n e y o f any county from which any such person was c o r m i t t e d t o the p e n t i t e n t i a r y , and provided f u r t h e r t h a t the commission may i n i t s d i s c r e t i o n consider but one (1) a p p l i c a t i o n f o r pardon or commutation from any one (1) person in any twelve (12) month p e r i o d . " [ 1 9 4 7 , ch 5 3 . ^ 13, p. 59; am. 1951, c h . 118 § 1 , p. 273; am. 1969, c h . 419, § 2 , p. 1160; am. 1980, c h . 297, § 1 , p. 768.]
18

DEPARTMENT OF
CORRECTIONS

V. FACILITIES MANAGEMENT
SECTION NUMBER:

PAGE NUMBER:

POLICY AND PROCEDURE MANUAL

503 SUBJECT:

1 of 1

Use of Telephones by Inmates

Policy of the Department
The Administrator of each i n s t i t u t i o n shall formulate the rules and procedures f o r inmate use of telephones.
Procedure
1. Each i n s t i t u t i o n A d m i n i s t r a t o r shall formulate rules and procedures governing the frequency, l e n g t h , and permitted hours for inmate telephone c a l l s .
2. All inmate telephone c a l l s , whether personal or business, outside or i n t r a - i n s t i t u t i o n a l , may be monitored unless i n v o l v i n g legal business between attorney and client.
3. Inmate i n i t i a t e d c a l l s must be placed c o l l e c t .

(c) - telephone use

I V . OPERATIONAL SERVICES

DEPARTMENT

SECTION NUMBER:

PAGE NUMBER:

OF

c

CORRECTIONS

POLiCY ASMD
PROCEDUR E

402 SUBJECT:

1 of 8 Effective 5-1-84

M ASM UAL

Inmate Mail Regulations and Procedures for Processing Inmate Mail

Policy of the Department

It is the policy of the Idaho Board of Correction that the Department of Correction will provide supportive services to inmates in an equitable and fair manner. Service are important in the care and treatment of inmates and can assist in the rehabilita tive process.

Reference

Standards for Adult correctional Institutions, Second Edition. Standards 2-4022, 2-4226, 2-4338, 2-4369, and 2-4370 thru 2-4373.

Pell v. Procunier, 417 U.S. 817 (1974).

Bell v. Wolfish, 441, U.S. 520, 528, n.9, 99 S. Ct. 1861, 1868, n.9, 60 L. Ed. 2d 44;

(1979).

c

Procunier v. Martinez, 416 U.S. 396, 413, 94 S. Ct. 1800, 1811, 40 L. Ed. 2d 22^ (1974).

Miller v. California, 392 U.S. 616 (1968); 413 U.S. 15 (1973).

Stflrseth v. Spellman, 354 F.2d 1349 (1981).

Definitions

1. "General Correspondence" means incoming or outgoing correspondence other thar "privileged mail." This also includes packages sent through the mail.

2. "Privileged Mail" means correspondence sent to or received from individuals identified in 2.8.(1) pages 6 and 7.

3. "Contraband" is defined as items in the following categories as well as any other items prohibited by Departmental policy or by federal or state statutes:

A. Items, including money, concealed in letters, cards or packages that are not readily seen by the mail handler.

B. Items not allowed per the Department's Personal Property Regulations.

C. Items other than those identified as "authorized items" below.

D. A package received without prior authorization.

(d) - mail

IV. OPERATIONAL SERVICES

DEPARTMENT OF

SECTION NUMBER:

PAGE NUMBER:

c

CORRECTIONS

POLICY AND PROCEDURE

402 SUBJECT:

2 of 8 Effective 5- 1-84

MANUAL

Inmate Mail Regulations and Procedures for Processing Inmate •lail

E. Cards containing musical devices which must be damaged to be inspected properly

4. "Authorized Items" are defined as those items allowed to come in through th mail excluding packages. They are as follows:

A. Postage Stamps (limited to 20) and cash - The Department assumes no responsi bility for these items.

B. Pictures - except those instant photos with layers.

C. Money orders or cashier's checks (no personal or two-party checks).

Procedures

Inmate mail privileges are an important factor in successful inmate adjustment tc

institutional life. It is important that each inmate be allowed to communicate with

c

family and friends, and have the opportunity to benefit from information, ideas, anc concepts originating outside the institution. Individuals violating this policy may be subject to disciplinary action. Individuals tampering with or in a ny way vi o-

lating federal postal regulations may be subject to federal prosecution regulations and procedures for processing inmate mail are as follows:

Inmate mail

1. Mail Regulations

A. Each inmate will be allowed unrestricted correspondence privileges in accordance with the guidelines presented below. Should the inmate violate or disregard these guidelines, he/she may be placed on a restricted correspondence list.

B. Guidelines for Inmate Correspondence.

(1) Zip codes and the inmate's name, number and correctional facility address must appear on all outgoing mail. If the sender can be identified, but the return address is incomplete or inappropriate, the mail will be returned to the sender for proper addressing. If the sender cannot be identified in the return address, the mail will be destroyed.

(2) Inmates are prohibited from including anything of" a threatening nature, contraband and/or anything that indicates plans for escape or illegal activity in their correspondence.

(3) Inmates are prohibited from directing business operations and from engaging in business correspondence except that necessary to protect their property or close out a business.

IV. OPERATIONAL SERVICES

DEPARTMENT

SECTION NUMBER:

OF

c

CORRECTIONS

POLICY AND PROCEDURE

402 SUBJECT:

PAGE .NUMBER: 3 of 8
Effective 5-1-84

MAiMUAL

Inmate Mail Regulations and Procedures for Processing Inmate Mail

(4) Inmates may not solicit or accept any publication which has not beer paid for in advance, or order any material, the order of which is contingent upon future orders. All orders for publications shall be made directly to the publisher of the material, or to a legitimate book store.

(5) Correspondence with inmates in other correctional facilities is permittee if the persons are immediate family members, i.e. spouse, natural or surrogate parents, their children or siblings. Inmates may corresponc with inmate law clerks for assistance with legal research. Such correspondence shall be considered non-privileged.

(6) All other correspondence between inmate to inmate or inmate to probationer/ parolee will be allowed only with 'the permission of both of the facility heads or the facility head and the field service manager. This correspondence must be sent unsealed. Permission will normally be granted; however, any denial may be grieved through the Department's grievance procedure.

c

(7) Photographs may not be included in outgoing correspondence unless approved by the facility head or designee.

(8) No inmate will be permitted to receive compensation or anything of value for material submitted to the news media.

C. Restricted Correspondence List

(1) If an inmate violates or abuses mail guidelines or it is determined that the inmate's correspondence may be a threat to the community or institutional security, his name may be placed on the restricted correspondence list by the facility head upon the issuance of a disciplinary offense report and a finding of guilty.

(2) The restricted correspondence list for each facility will be reviewed by the facility head on a monthly basis. All incoming and outgoing mail will be reviewed until the inmate is released from the restricted correspondence list by the facility head. Each facility shall establish procedures for the review of restricted mail. Inmates will be notified in writing when it is determined that the conditions which originally placed him/her on the restricted correspondence list no lofiger exist.

D. Inmates on restrictive housing status have the same correspondence privileges as other inmates.

E. Inmates without sufficient funds for postage in their trust fund account will be provided paid postage for one letter per week. Mail addressed to courts or

IV. OPERATIONAL SERVICES

DEPARTMENT OF

SECTION NUMBE • \ .

PAGE NUMBER:

c

CORRECTIONS

POLICY AiMD PROCEDURE

402 SUBJECT:

4 of 8 Effective 5-1-84

MANUAL

Inmate Mail Regulations and Procedures for Processing Inmate Mail

attorneys of record will be sent for inmates with no funds on their trust fund. This will be in addition to the one free letter.

Soft or hard bound books and magazines may be received directly from a publisher or a legitimate bookstore only.

All books, magazines, photographs and other publications which are receivec in the inmate mail will be examined to determine whether they would present a clear and present danger to institutional order, security, discipline or to the rehabilitative progress of the addressee or is obscene. Questionable publications shall be delivered to the facility head or his/her designee.

The facility head or designee shall review the publication and determine whether the publication presents a clear and present danger to institutional order, security, discipline or the rehabilitative progress of the addressee or is obscene.

c

(1) If the facility head or designee determines that the publication shoulc not be withheld, he/she will forward it to the inmate within 24 hours of

receipt from the mail room.

(2) Should the facility head or designee determine that the material shoulc be withheld, he/she will notify the inmate in writing within 24 hours that it is being withheld.

(3) This written notice shall contain a brief description of the material ir question along with a brief statement of the facility head's or designee's reasons for recommending that the publication be rejected.

H. The Department does

not allow into correctional

facilities any obscene mate- - v - * * w

*^\y

v w ^ v v— i i \— 11 i

rial — magazines, books, photos, movies, cassettes, etc. Specifically, any

material which contains a visual, oral or written depiction of any actual

physical contact with the sexual organs of a person or persons by another

person or persons will be withheld from the inmate population.

The Department, further, reserves the right to withhold from the inmate popu-
lation non-obscene materials -- magazines, books, photos, movies, cassettes,
etc., which, in the conclusion of the Department, present a risk ooff adverse
impact on the security or rehabilitative goals of the state-correctional fa-
c i1i ties. Such materials would include, but notnecessarily be limited to, materials which

(1) describe how to build or obtain weapons of any kind;

(2) describe how to manufacture or obtain any drugs or intoxicants;

IV. OPERATIONAL SERVICES

DEPARTMENT OF

SECTION NUMBER:

FAGE MUMBER:

c

CORRECTIONS
fg|-

POLICY AiMD PROCEDURE MAMUAL

402 SUBJECT:

5 of 8 Effective 5-1-84

Inmate Mail Regulations and

Procedures for Processing Inmate Mail

(3) describe plans of escape or how to plan or execute an escape;

(4) describe or show actual physical contact with the sexual organs of person by another person or persons.

(5) glorify or encourage criminal acts, drug usage, illicit sexual acts violence, insurrection, disobedience, riot or escape.

I. Any inmate who violates U.S..Postal Regulations or Departmental mail regula tions will be subject to prosecution or disciplinary action by appropriat
authorities.

2. Procedures for Processing Hail

A. General Mail

(1) All outgoing mail sent by inmates that is not privileged, is subject t<

C

being opened, inspected and read for enforcement of inmate correspondent guidelines and institutional security where reasonable belief exists tha

said mail may present a danger to the orderly running of the institution

Should mail be found to violate inmate correspondence guidelines, a disciplinary offense report shall be issued and a hearing held to determim the inmate's guilt or innocence. If found guilty, the inmate may then b placed on the restricted correspondence list.

(2) All incoming general mail and packages that are not privileged will b> opened, inspected for contraband and may be read for enforcement of inmate correspondence guidelines and institutional security. Should mail bt found to violate innate correspondence guidelines a department offenst report shall be issued and a hearing held to determine the inmate's guilt or innocence. If found guilty, the inmate may then be placed on tht restricted correspondence list.

(a) Packages will not be allowed except at specified periods of the year as announced by the facility head.

(b) Unauthorized items of value must be returnea'to the sender at the inmate's expense within 45 days or the items will' be donated to c charitable organization. The inmate will be given a receipt for an> contraband seized with an explanation of why the item was seized. It shall be the inmate's responsibility to notify the sender.

(c) When contraband is seized and it appears there has been an intentional

I V . OPERATIONAL SERVICES

DEPARTMENT

SECTION NUMBER:

PAGE NUMBER:

OF

CORRECTIONS

POLICY AND

402

6 of 8

C

PROCEDURE

SUBJECT:

iffective 5-1-84

MANUAL

Inmate Mail Regulations and Procedures for Processing Inmate Mail

violation of state or federal laws or departmental regulations t\ contraband, along with information regarding the sender and addressee shall be used as evidence. In these cases, the inmate will not t given a receipt for the contraband.

(d) Any cash, money orders, or cashier's checks found in inmate mai shall be credited to the inmate's trust fund account, with a receip to the inmate. It shall be the inmate's responsibility to notif the sender that money was received. Money or other forms of exchanc that are concealed and not readily seen by the mail handler will t considered contraband and will be confiscated. Money shall be re ceipted and submitted to Correctional Industries for deposit to th Correctional Industries Betterment Account.

(e) Incoming mail with stickers, stamps or other articles affixed, othe

than postage stamps, that can be used to conceal drugs/contraban

c

will be refused and returned to the sender. (3) Incoming mail will be delivered per the following:

(a) First class - processed within 24 hours of receipt.

(b) Second class (newspapers) - processed within 24 hours of receipt

(c) Magazines and third class (circulars, booklets, catalogs) - will b processed when time permits but in no case will they be held longe than 48 hours from time of receipt.

(4) Incoming and outgoing nail will be processed Monday through Friday, excluding legal holidays and weekends.

B. Privileged Mail (1) The following are considered privileged correspondence sources:

(a) President

(b) Governor

(c) Attorney General - State and Federal

(d) Members of the Legislature and Congress.

/

(e) Courts

IV. OPERATIONAL SERVICES

DEPARTMENT

SECTION NUMBER:

PAGE .'iUi'-'BER:

OF

c

CORRECTIONS

POLICY AND FROCEDURE

402 SUBJECT:

7 of 8 Effective 5-1-84

MANUAL

Inmate Mail Regulations and

Procedures for Processing Inmate Mail

(f) Attorneys of Record, or those in official attorney-client relatio ships (name and address of the attorney must be on the envelope

(g) Legal Assistance Agencies

(h) Board of Correction Members

(i) Parole Authorities

(j) Director of the Department of Corrections

(k) Facility Heads

(1) Civil Rights Division of the Department of Justice

(2) All outgoing mail to privileged correspondents will be sealed in enve

lopes. A notation must be made on the envelope that the mail is

C

"privileged". The name of the inmate, addressee and date sent shall t logged.

(3) Incoming privileged mail will be logged by the mail handler indicating th name of the sender, theinmate, and date received and opened only in th _pr_es^ence of the inmate. !t should be clearly marked "privileged or lega mail" to avoid accidental opening.
(a) Should privileged mail be opened accidentally, it should be reseale with tape and a notation made on the envelope, "opened in error, initialed by the mail handler and logged.

(b) Privileged mail will be distributed by individuals designated b each facility's procedure who will open the mail only in the pres ence of the inmate to check for contraband and/or money. Money an contraband shall be submitted to the mail handler for proper receipt ing and/or handling. Contraband will be siezed and forwarded fo appropriate handling.

(4) Inmate law clerks may not send privileged marl out for other inmate under the law clerk's name. If work is being done by law clerks fo other inmates and the work must be mailed out, the envelope must clearV identify in the return address for whom the work was done not by whom it was done. If the inmate has funds, he will then be required to sign draw slip for postage before material will be mailed.

I V . OPERATIONAL SERVICES

. DEPARTMENT OF

SECTION NUMBER:

PAGE NUMBER:

CORRECTIONS

POLICY AiMD

402

c

PROCEDURE

SUBJECT:

8 of 8 Effective 5- 1-84

MAMUAL

Inmate Mail Regulations and

•^^^

Procedures for Processing Inmate Mail

C. Forwarding Mail
All institutions and community work centers should keep on file the forwardir address of inmates released or transferred to another institution or CWC. I is the inmate's responsibility to notify the facility mail handler and/or th U. S. Post Office of their forwarding address.
(1) First class mail and packages that are not forwardable shall be returne to sender. All other mai.l shall be returned to the Post Office.
Inmates may use the department's grievance process to appeal any actions relating to mail regulations and processing. Actions are grievable only where there has bee a violation of policy and procedure.
Any exceptions to this operations memorandum shall require written approval from the Director.
c

DEPARTnt.Ni OF
CORRECTIONS
•n§^i' ifimEf •

POLICY A N D
PROCEDURE
MANUAL

SECTION NUMBER: 320
SUBJECT:

PAGE NUMBER: 1 of 2
EFFECTIVE: 11-15-33

CONTROL OF INMATE PERSONAL PROPERTY

Policy of the Department of Corrections: It is the policy of the Idaho Board of C o r rection to provide to raci n ty heads and inmates a comprehensive list of personal property authorized for each custody level within Idaho correctional facilities. (See Attachment A )
Discussion: Prior to the issuance of this Policy and Procedure there were no uniform scatawice guidelines or standards for the amount of inmate personal and legal procarty. Institutional overcrowding, fire hazards, security proDlems, and sanitation issues underlie the requirement that system-wide guidelines be established to assist in the management of inmate personal and legal property in living quarters and elsewhere in the Institution. The intent of this Policy and Procedure is to insure equal treatment of personal property in all Idaho facilities. At the same time these guidelines will assist in providing a safe environment for staff and inmates.

Reference: American Correctional Association Adult Correctional Institutions', 2nd Edition 2-4261.

C

Procedures: 1. Limits of Inmate Personal Property.

a. The Idaho Department of Corrections will develop a list of a u thorized items that an inmate may possess. This list will be available in all living areas and provided to inmates upon their initial assignment to a facility.

b. The facility will establish storage areas as needed for storage of inmate personal property. The amount of personal property allowed each inmate will be limited to those items which can be neatly and safely stored. Under no circumstances will any m a terials referred to in this Policy and Procedure be accumulated to the point where they become a fire, sanitation, security or housekeeping hazard.

2. Legal Materials

Inmates w i l l be allowed t o m a i n t a i n legal m a t e r i a l s necessary f o r t h e i r l e g a l a c t i o n s . The a l l o w a b l e amount o f legal m a t e r i a l i s t w o (2) cubic feet.

3. Personal Mail

The Department will limit personal mail to t w o (2) cubic feet.

4. Hobbycraft Materials

The f a c i l i t y s h a l l develop p r o c e d u r e s d e a l i n g w i t h a r t s and c r a f t s p r o j e c t s and t h e s t o r a g e o f s u c h i f s u c h p r o g r a m s are p e r m i t t e d . I f

(e) - personal property

1 "EPARTUEnT-
OF
CORRECTIONS
o • p"-st'-^> S&fe

POLICY AI\!D
rnuocJunc
MANUAL

SECTION NUMBER: 320
SUBJECT:

PAGE NUMBER: 2 of 2
EFFECTIVE: 11-15-33

CONTROL OF INMATE PERSONAL PROPERTY

the facility permits storage of hobbycraft items in the cell living area, it shall be stored in such a way that they are secure and do not present a fire, sanitation, security or housekeeping hazard. Flammable and toxic materials are prohibited in the housing areas.

5. Inmate Transfer Between Institutions

When an inmate is transferred between institutions all personal a f -

fects and property including legal material will be inventoried.

Allowable property will be transferred with the inmate when he/she

is reassigned. The sending facility is responsible for disposing of

all property not allowed at reassigned facility or new custody level.

Personal property will be held for thirty (30) days and then if n o t

claimed it will be declared abandoned property. Contraband or aban-

doned property will be stored for six (6) months and then destroyed or

turned over to the State. It is the inmate's responsibility to dispose

of personal property that is not allowed.

c

6. Lost or Stolen Property

All inmates must report in writing within seventy-two (72) hours the 1oss or theft of property.

7. Escapes

a. All the property of the escaped inmate will be inventoried by the officer on duty at the time of the escape.

b. The escaped inmate's personal property will be considered abandoned. Abondoned property will be considered contraband.

8. Commissary

No direct mail order or catalog purchases are allowed by inmates. Outside vendors are prohibited.

Action: The Department will develop a list of authorized items permitted in facilities. This information will be available in the facilities' rules- and regulations, so that the inmates and staff can be familiar with the procedures. Additionally, the orientation program at the RDU center will address the question of inmate personal and legal property. Inmates are prohibited from lending or borrowing others' personal property. Lent or borrowed property will be considered contraband to both parties. Transfer of personal property between inmates is prohibited.

ATTACHMENT A
o
ITEM 1. State may issue (Impair of shoes or
boots, 3 shirts, 3 pair of pants,

CUSTODY LEVEL

]DE lEi!TIOn/in TRANSIT

|RDU £• iTRY

ADMINISTRATIVE SEGREGATION I DEATH ROW

MAXIMUM CLOSE

SEX FM

1 MEDIUM MINIMUM COMMUNITY

XX

X

« 3 sets of underwear, 2 sheets, 2

blankets, 1 pillow case)

2. One (1) Wedding Band 3. One (1) Religious Medallion & Chain 4. Protheses as prescribed 5. Mail Received While,on Detention

X

X IX X X X

• XXXX

XXX

XXX X

XXX

XXX

X XX XX

6. Two (2) Cubic Feet of Legal Material

XXX X

XXX

XX

~*. One (1) Religious Book

XX

XXX

XX

8. One (1) Non-Religious Book

X

9. Prescription Glasses

!xI xX X

10. Fi ve (5) Pictures No La.raer Than

XX

X

5" X 8"

11. Si x (6) Cubic Feet of Personal and

XX

legal property excluding TVs, radios, I

fans and quitars where authorized.

12. One (1) Pair of Boots or Shoes

X XX XX

13. Twenty (20) Postage Stamps 14. Shower Thonas

XX X XXXX
X X X •x X X X

15. Stationery*

X X X XXXX

16. Wrist Watch not to Exceed $35 in value*) X . One (1) AM/FM Radio*

X X XXXXX X X XXXXX

* Institution inmates must purchase this item through the commissary.

ATTACHMENT A Page 2
c
ITEM 17. One (1) AM/FM Radio* 18. Non-Electric Curlers*

CUSTODY LEVEL

SEX F M

DETENTION IN TRANSIT RDU EMTRY ADMINISTRATIVE SEGREGATION DEATH ROW MAXIMUM CLOSE 1ED IMI HIMUM COMMUNITY

XX

XXX

X

X

X

XXX

X

19-. Ten (10) Pictures No Larger Than 5" X 8"

x X!

XX

20. Twentv ( 20) Pictures No Laraer Than

XX

5" X 8"

1

21. Ten (10) Books or Macazines

XX

X

X

22. Two (2) Pai r Thermal Winter Underwear X X

X

X

WHERE ALLOWED:

23. One (1) Television Receiver, Solid

X

State, 12" Screen, 60 Watt Maximum* WHERE ALLOWED: 24. One-(l) Electric Fan* (13" Maximum

and plastic blades'

25. Gym Clothes* (White or navy--l pair

of shorts, 1 too, 1 pair of shoes, 1 athletic supporter, l sv/eat suit) 26. One (1) Photo Album* 27. Ten (10) Personal Books 28. Ten (10) Personal Magazines 29. One (1) Set of Headphones*

1 1 1 1
1 1 I X 1X 1 1 1 X 1X
I XI

XX XXX X •x X XX

30. One (l) Ceramic Coffee Muo*
wnere &\ lowed: 31. One (1) Approved Hobby Craft Project
32. One (1) Bathrobe *
C . One (1) Pair of SIiopers*

X IX XY
XX XX

XX X X XXXX
X XX XXX

,* Institution inmates must purchase this item through the commissary

ATTACHMENT A Page 3
o

ITEM

34. One (1) Chess Set*-

35. One (1) Deck Playing Cards*

36. Two

Jiasaw Puzzl es*

. 37. One (1\ Belt* WHERE ALLOWED:
38. One (1) Harmonica (8" Length Max)* Wnere ai iowea:
39. One (1) Guitar 8 Case (Non-Electric

With S125 Maximum Value)*

40. One (1) Ashtray*

41. One (1) Blanket*

One (1) Cribbaqe Set*

43. One (1) Throw Rua* 15 sq. ft. Max.

44. One (1) Sweater

45. Two (2) Pair of Boots or Shoes 46. One (1) Toilet Kit*

47. Five (5) Pair of Undershorts*

48. Five (5) Pair of Underpanties* 49. Five (5) Undershirts*

50. Five (5) Bras*

51. Five (5) Pair of Socks* 52. One fl) Wallet*

53. Two (2) Pillow Cases*
54. Two (2) Pair of Bed Sheets* Two (2) Wash Cloths*
* Institution inmates must purchase this item through the commissary

CUSTODY LEVEL

SEX
FM

DETENT ION1 IN TRANS I
RDU ENTRY ADM INI STRATIVE SEGREGATION DEATH ROW MAXIMUM CLOSE MEDIUM M IMI MUM
COMMUNITY

XX

XXX

XX

XXX

X X1

XXX

XX
x" X

XX XX XX XX XX XX XX
X X
X
X
11
XX
XX
XX
XX XX

ATTACHMENT A Page 4
o
ITEM 56. Two (2) Bath or Hand Towels* 57. One (1) Smoking Pipe* 58. One (1) Clipboard* 59. Six (5) Handkerchiefs* 60. ADDroved Job Essential Items 61. Two (2) Neck Ties or Scarves 62. One (1) Hair Blow Dryer* 63. One (1) Hair Curling Iron* 64. One (1) Electric Iron* /^. One (1) Buckle Not to Exceed 2 1/2" X
3 1/2"* 66. Two (2) Casual or Dress Shirts 67. Two (2) Casual or Dress Blouses 68. Two (2) Pair of Trousers 69. Two (2) Skirts or Pair of Slacks 70. One (1) Heavy Winter Coat 71. One (1) Light Wind-Breaker* 72. One (1) Electric Razor*
WHERE ALLOWED: 73. One (1) Digital Alarm Clock Radio* 74. Gvm Clothes

CUSTODY LEVEL

SEX F M

DETENTION IN TRANSIT
RDU ENTRY ADMINISTRATIVE SEGREGATION I DEATH ROW MAXIMUM CLOSE I MEDIUM MINIMUM COMMUNITY

XX

X

XX

XX
1
XX
XX
XX
XX
X
XX XX

i
I x Ix i ! !!
x i x x x x x

X
X
V
X
XX
XX
XX
X X

-V
* Institution inmates must purchase this • item through the commissary

DEPARTMENT
OF CORRECTIONS

VI. INSTITUTIONAL PROGRAMS AND ACTIVITIES

SECTION NUMBER:

PAGE NUMBER:

POLICY AND PROCEDURE MANUAL

604 SUBJECT: Visiting Inmates

1 of 2

Policy of the Department
The Department encourages inmate communication with family, friends and relatives through visits to the institution.
Procedure
1. The following rules and procedures shall be observed by the institutions in the administration of visits.
A suitable area within the institution must be provided for inmate visitation. All visits shall be held in this area, except when authorization is granted by the Administrator.
Each-inmate shall make a list of friends and relatives he wishes to visit, taking into consideration each institution's or facility's rules and regulations. Potential visitors shall be furnished copies of institutional visiting rules and regulations.
1. Potential visitors who violate the regulations or refuse to be searched may result in cancellation of visiting privileges.
2. Institutions shall conduct investigations to confirm that good reasons exist for approving visitations.
3. Proposed visitors who are below a set age limit may not visit, unless they are members of the immediate family.
Regardless of any visiting list restrictions, visitation is permitted inmate's attorney of record or clergy, unless any clear abuse of this privilege has occurred or unless such a visit may prove dangerous or harmful to the security and order of the institutional facilities or to the rehabilitation of any inmate.
The institutional facilities and inmates may be visited at any time by members of the State Legislature, Judges of State and federal courts, the State Attorney General , or the Governor.
Those individuals requesting visits with an inmate who are not designated on the list shall be interviewed and identified by authorized personnel. If the requested visits conform to institutional and Departmental requirements, one (1) visit may be approved pending further investigation and approval of subsequent visits.
sc
(f) - visiting

DEPARTMENT OF
CORRECTIONS

VI. INSTITUTIONAL PROGRAMS AND ACTIVITIES

SECTION NUMBER:

PAGE NUMBER:

POLICY AND 604

2 of 2

PROCEDURE

SUBJECT:

MANUAL

V i s i t i n g Inmates

Ex-inmates are p r o h i b i t e d v i s i t a t i o n unless approval i s given by the i n s t i t u t i o n ' s A d m i n i s t r a t o r . Parolees and probationers must be approved by the Administrator and have w r i t t e n a u t h o r i z a t i o n from t h e i r supervising probation or parole officer prior to v i s i t a t i o n .
d. Visitors in the i n s t i t u t i o n s h a l l :
1. Wear appropriate attire.
2. Not give or receive any written material article or merchandise of any sort except in accordance with approved institutional or Departmental regulations.
3. Not be permitted to visit more than one (1) inmate at any one visitation time unless the visitor is a member of the immediate family of more than one inmate confined in the institution; other exceptions tc this regulation are at the institutional Administrator's discretion-
4. Signed in prior to and after the visitation.
5. Be subject to search, photographing or fingerprinting.
6. Be restricted in visitation rights if institutional disturbances occur
e. Designated personnel shall be present during all visitations, and shall s1 vise visits to the extent appropriate to the nature and privacy of the . tionship between the visitor and inmate.

DEPARTMENT OF
CORRECTIONS

III. INMATE MANAGEMENT SECTION NUMBER:

PAGE 'iUM3E?.:

POLICY AND PROCEDURE MANUAL

303 SUBJECT:

1 of 2

Classification Levels of Custody

Policy of the Department

The institutions and facilities will maintain classification procedures for assessing the needs of inmates to ensure their progression toward fulfillment of the Department's rehabilitative goal while protecting the community utilizing the least restrictive means possible.

Procedure

There are four levels of c l a s s i f i c a t i o n to which an inmate i s assigned during his period of incarceration. At I . S . C . I . , there are also degrees within each l e v e l . Each level and/or degree of custodial c l a s s i f i c a t i o n indicates the type of housing, the area of assignment or a c t i v i t y , and the kind of supervision for maintaining control of each inmate. The custody exercised over an inmate may be greater, but shall not be l e s s , than that prescribed in the d e f i n i t i o n of the level of degree of custody.

C

a. Close Custody applies to those inmates whose behavior and a t t i t u d e , both past

and present, indicate that active efforts w i l l be made to escape and violence

w i l l be used i n doing so. This c l a s s i f i c a t i o n may include inmates returned

to the i n s t i t u t i o n or entering I. S.C.I, for the f i r s t time.

Inmates w i l l be placed in this c l a s s i f i c a t i o n status as they begin t h e i r i n dividualized program. While in this status, an inmate must complete those tasks applicable to the status as predetenni ned and agreed upon by the inmate and the i n s t i t u t i o n s t a f f .

b. Medium Custody applies to those inmates whose behavior and a t t i t u d e , both past and present, indicate that they w i l l not make active efforts to escape, but might escape i f i t were made easy, probably not using violence. Inmates i n this status continue t o work toward the completion of those goals previously established and agreed upon.

c. Minimum Custody applies to those inmates whose behavior and a t t i t u d e , both past and present, indicate that they are prepared to serve t h e i r sentence, unl i k e l y to walk away from an open i n s t i t u t i o n , and unlikely to use any type of violence in escape.

This status w i l l ' apply to those inmates who are approaching satisfactory completion of their rehabilitation plan and toinmates considered ready and e l i gible for work release programs.

(g) - classification

I I I . INMATE MANAGEMENT
SECTION NUMBER:

PAGE NUMBER:

POLICY AND PROCEDURE MANUAL

303 SUBJECT:

2 of 2

Classification Levels of Custody

d. Maximum Custody is a level of custody into which an inmate may be classified as the result of a determination that he presents a substantial risk to the security or order of the i n s t i t u t i o n , the safety of himself/herself or others, and therefore, requires separation from the general i n s t i t u t i o n population and s t r i c t supervision in a highly structured, controlled setting.

IDAHO nEPARTMENT OF CORRECTIONS
USER MANUAL FOR
INMATE CUSTODY CLASSIFICATION

April 1984

A. I. MURPHY DIRECTOR

I

DEPARTMENT OF CORRECTIONS

i USER MANUAL

FOR

INMATE CUSTODY CLASSIFICATION

This project was developed under Grant Number FK-4, awarded to the Idaho Department of Corrections, Boise, Idaho, by the U. S. Department of Justice, National Institute of Corrections, Washington, D. C.
Points of view or opinions stated in this manual are those of the Idaho Department of Corrections and do not necessarily represent the official position or policies of the II. S. Department of Justice, National Institute of Corrections.
This manual was prepared by the sub-committee on inmate classification:
Bona Miller, Chairperson Arvon Arave
fieorge Bernick Dennis Bodily Dave Paskett Lyle Claflin
Tom Lee

3

Effective Date April 1934

DEPARTMENT OF
CORRECTIONS

POLICY AND PROCEDURE MAIM UAL

SECTION NUMBER: 318

PAGE NUMBER: 1 o f 10

SUBJECT:

ADOPTE^V 10-1-83

Disciplinary Procedures Including Levels ( Allowable Punishments & Reporting Procedure

Policy of the Department of Corrections: It is the policy of the Idaho Board of Correction tnat the Idano Department of Corrections shall promulgate rules of conduct for incarcerated inmates and procedures to insure the constitutional disposition for violations of such rules.
REFERENCE: Taimage and McKaughn vs. State of Idaho, #1790, 4th Judicial District (1982)
Standards for Adult Correctional Institutions, Second Edition. Standards 2-4215, 2-4347, 2-4348, 2-4349, 2-4351 thru 2-2353, and 2-4356 thru 2-4368.
PROCEDURES: It shal 1 be the responsibility of each facility head to insure that inmates confined in the facility under their control receive equitable treatment and due process protection when alleged to have violated the facility's rules of conduct. Any time it is necessary to extend the time limits set forth in this operations memorandum, the inmate shall receive written notification of the extension prior to its imposition. Attachment A of this operations memorandum defines all rule violations and specifies the allowable range of sanctions authorized by the Idaho Department of Corrections for each offense. Compliance with the following procedures is necessary to insure the consistent and constitutional application of disciplinary sanctions. The written rules, range of sanctions, and disciplinary procedures shall be reviewed at least annually and updated as necessary.
GENERAL CONSIDERATIONS:
A. Selecting and Training Investigation Officers and Disciplinary Hearing Officer.
1. The facility head is responsible for designating investigating officers at each facility
2. All investigating officers and Hearing officers shall have completed a specialized training program prescribed and approved by the Departmental Hearing Officer. The supervisor training shall include procedures for handling confidential information.
3. After successful completion of the approved Department training program, hearing and investigating officers shall conduct .training sessions at
the facility level for personnel who work with inmates.. This training
must be continuous on an in-service basis.
saa&a (h) - d i s c i p l i n e

DEPARTMENT OF
CORRECTIONS

POLICY AND

ECTION NUMBER: 313

PAGE NUMBER: 2 o f 10

c

PROCEDURE MANUAL

SU3JECT:

ADOPTED: 10-1-83

Disciplinary Procedures Including Levels o1

AllowaDle Punishments & Reoortinq Procedure?

B. Determining Reliability of Confidential Witnesses

1. If confidential witness testimony constitutes a portion of the investigative report, the investigating officer must prepare written evaluation of the witness' reliability and why they should remain confidential.

2. The testimony of confidential witnesses must be written or tape recorded and must state the facts as submitted by the witness or the investigator and the manner in which knowledge of those facts was acquired.

3. The evidence regarding reliability must be attached to the confidential witness1 sealed testimony and submitted with the investigative report to the Hearing Officer.

4. Prior to opening and reviewing the confidential witness1 sealed testimony,

the Hearing'Officer shall review the evidence as to the reliability of the

confidential witness and determine whether they will consider the confi-

c

dential testimony.

5. For the taped record, when the disciplinary hearing convenes, the hearing

officer shall state that he will be considering confidential testimony.

The hearing officer must give written reasons why and independently veri-

fy the credibility of the confidential and anonymous information.

C. Using Confidential Information

If confidential witness testimony is admitted in a disciplinary hearing, the anonymity of the confidential witness snail be maintained. When reviewing confidential testimony, the Hearing Officer shall have the inmate and representative leave the room during the period of deliberation and the tape recorder will be turned off. When the ir.-.ate and representative return to the room, the Hearing Officer shall reaa into the record a brief summary of the confidential testimony if doing so would not jeopardize the anonymity of the confidential witness.

D. Definition of Terms

1. Staff member. As used in this operations memorandum,-s-taff member refers to any paid Department of Corrections' employee, volunteers, employees associated with any contract facility, vo-tech employees, and anyone else who works with inmates and is subject to be in a position to observe an inmate violating DOC rules.

DEPARTMENT OF
CORRECTIONS
'WS^\\ =feiS|!

POLICY AlMD
PROCEDURE MAIM UAL

SECTION NUMBER: 318

PAGE NUMBER: 3 of in

SUBJECT:

ADOPTED: 10-1-83

Disciplinary Procedures Including Levels c Allowable Punishments & Reporting Procedure

2. Prehearing detention. The removal of an inmate from the general popuiation pending a disciplinary hearing if deemed to bea threat to the security of the facility.
E. Staff Representatives and Their Responsibilities
1. Representatives or inmate representation shall always be appointed where, in the opinion of the investigating officer, and where the inmate so desires, there is an inability for the charged inmate to gather evidence, where the inmate is incompetent of making a defense, or where an interpreter is required, or where confidential information is being considered. An inmate may waive staff representation except when a ruling of incompetency has been made.
2. The facility head shall designate a pool of facility personnel who shall assist inmates on an available basis.
3. It shall be the responsibility of the representative to assist the inmate in preparing and presenting his defense.
a. The representative shall consult with the inmate to insure that he understands the charge against him and the potential consequences. If the inmate plans to plead guilty, the representative shall explain the ramifications of such a plea to insure the inmate fully understands the consequences of a guilty plea.
b. The representative shall assist the inmate in determining the witnesses and evidence to be requested in the inmate's behalf.
c. The representative shall be present throughout the course of the disciplinary hearing, except for any period of deliberation, to make or assure that a fair presentation of the inmate's evidence is made.
4. In cases in which the assigned representative can demonstrate an inability to perform in such capacity or demonstrates a direct conflict of interest, he shall submit a written request to the facility head to beexcused from such duties. Persons shall not serve as staff rep-resentative in a case if they had involvement.
In the event the inmate chooses to no longer have the assistance of the assigned representative, he must formally waive any assistance in writing or on the record. If, in the judgment of the hearing officer, the inmate is unable to knowingly and intelligently waive such assistance, the hearing officer head shall take appropriate action to provide assistance.

DEPARTMENT OF
CORRECTIONS

POLICY AND PROCEDURE MA1MUAL

SECTION NUMBER:

PAGE NUMBER:

318
SUBJECT:

4 of 10 ADOPTED: 10-1-83

Disciplinary Procedures Including Levels 0' Allowable Punishments & Reporting Procedures

THE DISCIPLINARY PROCEDURES PROCESS:

A. Correctional F a c i l i t y Involvement

1. Offense Report

a . Upon t h e reasonable b e l i e f o f a s t a f f member t h a t a v i o l a t i o n of r u l e s

has been c o m m i t t e d , which cannot be handled i n f o r m a l l y , such person

shall f i l e a w r i t t e n off-ense report w i t h the s h i f t supervisor, or u n i t

manager where a p p l i c a b l e . Should physical evidence c o n s t i t u t e a por-

t i o n o f t h e a l l e g e d v i o l a t i o n , such evidence s h a l l be c o n f i s c a t e d ,

labeled and secured in the f a c i l i t y ' s designated area. I f such e v i -

dence i s t o o voluminous t o be r e a d i l y c o n f i s c a t e d and s e c u r e d , i t may

be photographed and described i n i t s o r i g i n a l s t a t e . A sample s h a l l ,

be r e t a i n e d . A l l such phys.ical evidence s h a l l then be l a b e l e d and

secured.

c

b. The s h i f t s u p e r v i s o r or u n i t manager s h a l l review t h e o f f e n s e r e p o r t

f o r completeness, c o r r e c t n e s s of charge, l e g i b i l i t y and comprehensi-

bi1i ty.

i . I f n e c e s s a r y , t h e s h i f t s u p e r v i s o r or u n i t manager may r e q u i r e t h a t t h e o f f e n s e r e p o r t be c o r r e c t e d w i t h i n 24 hours of h i s r e c e i p t .

i i . The s h i f t s u p e r v i s o r or u n i t manager may dispose of t h e o f f e n s e report informally through a verbal warning to the affected inmate. In such c a s e , t h e r e p o r t s h a l l be forwarded t o the f a c i l i t y head t o be logged i n t h e f a c i l i t y ' s s e p a r a t e d i s c i p l i n a r y f i l e .

i i i . I n f o r m a l h a n d l i n g of o f f e n s e s can o n l y be done on "D" o f f e n s e s .

c. I f t h e s h i f t s u p e r v i s o r or u n i t manager approves an o f f e n s e r e p o r t ,
a designated employee shall normally serve the report to the inmate within twenty-four (24) hours of completion of the report. Completion i s d e f i n e d as the date and t i m e t h e r e p o r t i s s u b m i t t e d t o the s h i f t supervisor or u n i t manager.

i . In some c a s e s , t h e inmate w i l l be unable t o r e c e i v e a copy o f the
offense report within t h etwenty-four (24) hour time l i m i t , e . g .
escape, s e r i o u s d i s t u r b a n c e . Any e x c e p t i o n s must be documented i n w r i t i n g and attached to the completed offense r e p o r t upon i t s s u b m i s s i o n . The o f f e n s e r e p o r t must be p r o v i d e d t o t h e inmate w i t h i n twenty-four (24) hours a f t e r a v a i l a b i l i t y occurs.

DEPARTMENT OF

SECTION NUMBER:

PAGE NUMBER:

c

CORRECTIONS

POLICY AND
PROCEDURE

318
SUBJECT:

5 o f 10
ADOPTED: 10-1-83

MANUAL

Disciplinary Procedures Including Levels of

Allowable Punishments & Reporting Procedures

ii. Should a facility emergency occur which would preclude service of the offense report within the required 24-hour period, service shall be accomplished as soon as reasonably possible and such exception shall be documented in writing and attached to the completed offense report.

d. Upon delivery of the offense report to the inmate, the designated employee shall insure that date and time of delivery is completed. At this time, the inmate may waive his right to a disciplinary hearing by signing the appropriate sectin on the offense report.

e. The shift supervisor, unit manager or designee shall also insure that any offense report which is not handled informally is delivered to the the facility head, or Hearing Officer for review and further disposition.

c

2. Use of Prehearing Detention a. TThhee inmate shall not be placed in prehearing detention unless the in-

mate' s' continued presence in the general population poses a threat to

facility security. Placement iinn prenearing detention may only occur

with the authorization of the shift supervisor or higher ranking

security officer. The need for such action shall be documented-in

writing by the shift supervisor, utilizing the "Restrictive Housing"

fIUoIr.mU,, a-11t. t„.h.>e_ tv.i..m..e^. ow.f ,p,l.a^c^e>m..e.n.tw...w. An inmate shall not be kept in pre-

hearing detention in excess of 96 hours (excluding weekends and holi-

days) unless unusual circumstances exist which are documented by the

facility head. Any prenearing detention in excess of 96 hours shall

be reported to the Director.

b. If the inmate requires transfer to a different facility for prehearing detention, the originating (sending) facility will initially effect the transfer through agreement between the originating and receiving facility.
c. The investigation of the alleged o f f e n s e rcma-ins the r e s p o n s i b i l i t y of the originating facility.
d. Reports regarding the length of time the inmate is held in prehearing detention are the responsibility of the receiving facility.

v

DEPARTMENT OF
CORRECTIONS

POLICY AND PROCEDURE MANUAL

SECTION NUMBER:
313 SUBJECT:

PAGE :,UM3ER: 6 of 10
ADOPTED: 1 0 - 1 - 8 3

D i s c i p l i n a r y Procedures I n c l u d i n g Levels or Allowable Punishments 5 Reporting Procedures

3. Disciplinary Hearings

a. The facility head, or designee, shall schedule the disciplinary hearing and shall forward all reports to the Hearing Officer. The Hearing Officer shall insure that the Disciplinary Hearing is held within seventy-two (72) hours (excluding weekends and holidays) of the inmate's receipt of a copy of the offense report. Disciplinary hearing postponement or continuance may be granted for a reasonable period of time for good., cause; such as illness or unavailability of the inmate, need for further investigation of factual matters relevant to the hearing, or pending criminal court prosecution. Any delay in the conduct of this hearing shall be documented in writing and attached to the disciplinary action.

If the inmate waived his right to a full evidentiary hearing by the

Disciplinary Hearing Officer, and no investigation is required, the

c

Offense Report shall be forwarded directly to the Hearing Officer by
the facility head or designee for disposition and imposition of. sanctions. If, in the opinion of t_h_e__fil£ljj_ty_ head or designee, an

^investigation is v;li7rrantedii"7jX3i1'alJ—-^.^Ildjuct_9jd_ a_nd^he__ne_port_nu^st_

accompa7Fy~Thir~0

Report •

The disciplinary hearing shall be conducted by an impartial hearing officer, designated by the facility head or designee.

i. The Hearing Officer shall have satisfactorily completed a training program prescribed and approved by the Department.

ii. Any staff member who has direct involvement with- the offense may not sit as Hearing Officer. The following activities constitute direct involvement:

aa. Witnessed the offense or circumstances directly related to the offense

bb. Wrote up the offense

cc. Investigated the offense

dd. Was the assigned shift supervisor when offense occurred

ee. Engaged in other similar activities which would co^prcnise their ability to function objectively

DEPARTMENT
OF
CORRECTIONS

POLICY A N D

SECTION NUMBER: 318

PAGE NUMBER: 7 o f 10

f

/$§^.

PROCEDURE

SUBJECT:

ADOPTED: 10-1-83

= i | g | i . MANUAL

D i s c i p l i n a r y Procedures I n c l u d i n g Levels o-

Allowable Punishments & Reporting Procedure?

c. The inmate shall be present throughout the disciplinary hearing with the exception of the period of deliberation and when confidential information is presented.

i. Should the behavior of the inmate warrant removal from the disciplinary hearing, such removal shall be documented in writing.
ii. If the inmate refuses to attend the disciplinary hearing, it shall be noted and the hearing may proceed.

d. Excluding any period of deliberation, and per confidentiality guide-

lines, all A through C disciplinary hearings shall be tape recorded.

The tape recording shall be the official record of the disciplinary

hearing. Tapes shall be maintained by the Department for a period of

180 days from the date of completion of the review process. Except

c

when required for Administrative review, the tapes shall be maintained at the facility.

Upon commencement of the disciplinary hearing, the Hearing Officer shall ask the offender for a plea of guilty or not guilty. The Hearing Officer shall inform the inmate that a guilty plea waives the appeal rights to the Director.

The Hearing Officer shall explain to the inmate that a plea of guilty shall eliminate the opoortunity of the case being reviewed by the Director. If the inmate wishes to file a grievance on any portion of the hearing process, he can only do so after completion of the appeal process except as it relates to time restrictions cited within this operations memorandum.

The Hearing Officer shall read the Offense Report, the Investigator's Report, all witness statements, and attachments into the record except as pronioited ay the confidentiality guidelines.

The inmate shall be asked by the Hearing Officer to enter a plea of guilty or not guilty by marking the appropri-ate box and initialing the entry on the offense report. If the inmate'refuses to initial, the officer shall write on the form that the inmate refused to sign.

The inmate shall be afforded the opportunity to make a statement to the Hearing Officer, present witness testimony, present statements and other documentary evidence, and be informed of the evidence against him

DEPART:-- EiiT
OF CORRECT [ONS

POLICY AiMD PROCEDURE MANUAL

SECTION NUMBER: 318 SUBJECT:

PAGE NUMBER: 8 of 10
ADOPTED: 10-1-83

D i s c i p 1 inary Procedures I n c l u d i n g Levels oi Al1owabl e Punishments X R e p o r t ! ng Procedures

except for confidential information. The inmate shall not have access to any confidential reports or be allowed to cross-examine any adverse witness. The inmate or his representative may question relevant witnesses called on the inmate's behalf.

Upon the completion of the statement of the inmata and questioning by the Hearing Officer, the inmate and his representative (if applicable) shall remove themselves from the disciplinary hearing during deliberation. The tape recorder, shall be turned off during this period. In making the decision, the Hearing Officer shall consider only evidence presented during the course of such hearing.

During deliberation the Hearing Officer shall only consider the evi-

dence presented during the hearing when determining guilt or innocence.

The Hearing Officer may consider the inmate's prior institutional record

and the evidence presented during the hearing when determining punish-

c

ments for an offense. The Hearing Officer is authorized to establish
findings and punishment for any lesser included offense. Lesser included offenses a,re those acts of a lesser class under the same heading

and having the same numerical prefix as the instant offense.

When the deliberation is completed and has been recorded, the inmate ana his representative (if applicable) snail return to the disciplinary heading a n a -he tape recorder shall be turned on again if applicable. At this time, tne inmate snail be informed of the finding of the Hearing Officer and the basis for such finding, ana the punishment imposed if applicable. A ccpy of the report shall be given to the inmate.

i. Should there ce

i.:inc of not guilty, the Misconduct Report

iUf-v/dr-c'j. co the facility head. "Not Guilty" material

shall never be available to, or used by, any staff person or com-

mittee in the cecisicn making orocess concerning the inmate. No

recor or" t~e -.i s:3n;:jct report shall be made or filed in any

indi vi oua i inm>

3, eitner manual or automated. All lost

earned crecits r 9 s u 11 i n a from the disciplinary process shall be

restored.

i i . S h o u l d t n o r e b o a f i n d i n g of g u i l t y o r g u i l t y to a lesser i n -
cluued o f f e n s e , t h e inmate shall b e informed o f the reasons for
sucn finding ana the punishment imposed.

DEPARTMENT OF

SECTION NUMBER:

PAGE NUMBER:

c

CORRECTIONS
/#fp^\

POLICY AND
PROCEDURE

318 SUBJECT:

9 of 10 ADOPTED: 10-1-83

%WM> • MANUAL

D i s c i p l i n a r y Procedures I n c l u d i n g Levels o' Allowable Punishments & Reporting Procedure;

aa. The punishment imposed shall be no more than three (3)

punishments within the allowable range of punishments as

listed in Attachment A,

• 1 ^J ^ ^^ ^ *

111

I \ W ^* v* ^* 1 I * * • ^ — I t ^

I *W

bb. The allowable punishment may be suspended by the Hearing
Officer for a specified period not to exceed 90 days. If the inmate is convicted of any rule infraction while on suspended punishment, the punishment shall be revoked to run consecutive to., the new punishment. A revoked suspended punishment shall not be viewed as one of the possible three punishments for the new offense.

iii. Subsequent administrative action by the Facility Classification Committee or other authority shall not be construed as additional punishment. If the conviction for an offense affects the inmate's security level, the inmate will be considered by the Classification Committee for proper reelassification.

Within 24 hours pf the conclusion of the disciplinary hearing, excluding weekends and holidays, the report shall be forwarded to the facility head for review. The facility head shall take one of the following three actions:

i. Affirm - the facility head agrees with the actions of the Hearing Officer.

ii. Dismiss - the facility head disagrees with the actions of the Hearing Officer and dismisses the Misconduct Report.

iii. Modify - the facility head modifies the action of the Hearing Officer.

aa. The facility head may suspend the punishment; reduce the amount of lost earned credits, restitution, or detention, or modify the punishment to extra work duty, restriction, reprimand, or order a re-hearing of the case. A modification cannot exceed, in time, the number of days.of the original punishment. The facility head can not- increase the punishment.

bb. Should the modification render the Misconduct Report in-

eligible for appeal by the Director and the inmate has re-

quested such a hearing, it shall be so noted on the Disci-

V..

pi inary Report.

DEPARTMENT OF
CORRECTIONS

POLICY AND
PROCEDURE MANUAL

SECTION NUMBER:
313 SUBJECT:

PAGE NUMBER: 10 o f 10
ADOPTED: 10-1-83

Disciplinary Procedures Including Levels OT
Allowable Punishments & Reporting Procedures

m. The original of the Misconduct Report shall be forwarded to the facility's records office for inclusion in the inmate's manual and automated record.

B. Provisions To Handle Cases Where A Detention Unit Sanction Is Imposed

1. If the inmate requires reclassification within the guidelines established, the following procedures shall be used to effect the reclassification action:

a. If the inmate is to serve disciplinary time at the facility where prehearing detention was provided, the receiving facility shall conduct the classification hering following the disciplinary hearing.

2. Where the inmate is to serve DU time at another facility, upon completion

of the sentence (absent a classification action recommending higher secur-

c

ity), the inmate shall be returned to the originating facility where the infraction occurred in a manner consistent with the Department's classification and transfer procedures.

C. Appeal Process
1. After the inmate has been informed of the punishment imposed by the Hearing Officer, he may request a review by the Director if the following cri teri a are met:

a. There was a finding of guilty when a plea of not guilty was entered and,

b. The punishment imposed was at least one of the following:

i. Disciplinary Unit (even if suspended)

ii. Loss of Earned Credits (even if suspended)

2. The inmate may appeal the Hearing Officer's decision to the Director when the above conditions are met. Appeal must be made^within 15 days of the finding of guilty. The appeal will be decided within. 30 days of receipt by the Director.

3. The inmate may appeal the Misconduct Report or the actions of the Hearing Officer through the established grievance procedure should he not qiralify for a Director's Review. Any .exceptions to this operations ,nemorandum shall require prior written approval from the Director.

Attachment A

c

(1 of 7)

ACTS CONSTITUTING RULE VIOLATIONS*

GROUP DISRUPTION

CLASS OF
OFFENSE

Ol-A. Banding together without administrative approval for purpose of demonstration, work stoppage, hunger strike, etc.

01-B. Taking over a part of the physical plant.

A

01-C. Participation by two or more in a course of dis-

A

orderly conduct: (a) with purpose to commit or facili-

tate commission of a felony or misdemeanor; or (b) with

purpose to prevent or coerce official action; or (c)

when the actor or any other participant to the know-

ledge of the actor uses or plans to use a firearm or

other deadly weapon.

01-D.

Involvement in writing, circulating or signing a petition that poses a threat to the security of the faci1ity.

INDIVIDUAL DISRUPTIVE BEHAVIOR
02-A. Aiding and abetting in the commission of any rule violation.

02-B.

Under the influence of ana/or any use of illegal drugs, alcohol, intoxicating chemicals or any medication in an unauthorized manner.

02-C.

Monetary misconduct - Entering into contractual agreements requiring time payments/receiving salary/wage advances/entering into other contractual agreements/ failure to turn in all paychecks/money received.

02-D.

Employment misconduct - Quitting job without prior
approval/getting fired for misconduct on job, tardiness or shirking of duties/failure to notify staff/ employer when too ill to work.

02-E. Unauthorized u s e o f mail or telepnone, to include passing unauthorized messages.

*The third infraction of the same rule violation within six months is justification for increasing the imposed sanction to a sanction classified in the next higher class of offense.

Attachment A

c

(2 of 7)

ACTS CONSTITUTING RULE VIOLATIONS1

02-F. Unauthorized contacts with public
O2-G. Correspondence/conduct with visitor in violation of posted regulations, excluding sexual activity.

CLASS OF
OFFENSE
0
D

02-H. Running from or resisting apprehension within facility.

A

02-1. Interferring with taking of count.

C

02-J. Tattooing/sel f-mutiliation.

C

02-K. Failure to keep one's self/quarters in accordance

0

with posted regulations.

02-L. Failing to stand count.

Q

02-M. Bucking an inmate line.

D

c

02-N. Not having proper I.D.

D

02-0. Tampering with or blocking any lock or locking device.

B

PRESENT IN UNAUTHORIZED AREA

03-A. Outside defined boundaries within facility as defined by facility.

03-3. Outside living quarters after designated hours.

C

03-C. Failure to follow sign-in/sign-out procedures.

D

03-D. Unexcused absence from work/school assignment.

C

03-E. Unauthorized presence in another's cell/living quarters,

C

BATTERY

04-A. Killing another person(s).

A

04-3. Participating in activity that directly results in the

A

intentional death of another person(s).

*The third infraction of the same rule violation within six months is justifica^ i g n e r ° c l a s s r o f S i ? ? e n s e . i m p O S e d sanction t0 a s a n c t i o n c l a s s i f i e d in the next

Attachment A

c

(3 of 7)

ACTS CONSTITUTING RULE VIOLATIONS*

CLASS
• OF
OFFENSE

04-C. Battery of another person.

A

04-D. Participating in activity that directly results in the

A

intentional injury of another person(s).

04-E. Rape or forcible sexual act.

A

04-F. Kidnapping another person.

A

MENACING

05-A. Seizing another person as hostage.

A

05-B. Threats of bodily harm or death to another person.

B

05-C. Assault - any willful attempt or threat to inflict

A

injury upon the person of another, when coupled with

c

apparent present ability to do so, and any intentional display of force such as would give the victim reason

to fear or expect immediate bodily harm.

05-D. Making sexual threats to another person. EXTORTION1

06-A. Demanding/receiving money or favors or anything of value in return for protection against others, to avoid bodily harm, or under threat of informing.

THEFT

07-A. Unauthorized use of Stata property/supplies.**

07-8. Breaking into another person's room/locker.**

07-C. Forgery of any type.**

C

07-D. Taking of property. (Value 525 or over)**

C

07-E. Taking of property. (Value under $25)**

D

*The third infraction of the same rule violation within six months is justification for increasing the imposed sanction to a sanction classified in the next higher class of offense.
**See Page 7 of Attachment A - Allowable Sanctions

Attachment A (4 of 7)

ACTS CONSTITUTING RULE VIOLATIONS*

DESTRUCTION OF PROPERTY

08-A. 08-3. 08-C.

Destruction of State Property.** Destruction of property of another person.** Setting a fire.**

08-D. Willful adulteration of any foods or drinks.

08-E. Mutilation or alteration of State clothing or linen.**

POSSESSION/MANUFACTURE OF CONTRABAND

09-A. Possession/introduction of any explosive, combustible substance or fireworks.

c

09-3. Possession/introduction of any gun, firearm, weapon ammunition, knife, sharpened instrument, unauthorized

tool.

'

09-C. Possession/introduction of any drug, narcotic, intoxicant, chemical, drug paraphernalia not prescribed oy medical staff.

09-D. Possession of money or currency, unless specifically authorized.

09-E. Possession of property belonging to another person.

09-F. Possession of clothing not authorized by facility.

09-G. Possession of staff uniforms.

09-H. Manufacture of intoxicants.

09-1. Counterfeiting, forging, or unauthorized reproductions of any document, article of identification, roney, security, or official paper.

09-J. Possession of gambling paraphernalia not specifically authorized by the facility.

09-K. Possession of unauthorized identification.

**See Page 7 of Attachment A - Allowable Sanctions

CLASS OF
OFFENSE
C
c
A A D
C D A A 8
C C

Attachment A (5 of 7)

ACTS CONSTITUTING RULE VIOLATIONS*

SEXUAL ACTIVITY

10-A. Engaging in sexual activity with another consenting person.

10-B. Making sexual proposals to another person.

10-C. Indecent exposure.

10-D. Beastiality.

DISRESPECT TO STAFF

11-A. Insolence to staff member.

11-8. Using abusive/obscene language to staff member or visitor.

1 lr-c. Making profane/obscene gestures to staff member or visitor.

DISOBEDIENCE TO ORDERS

>

12-A- Failure to obey verbal and/or written order of staff member in a prompt manner.

FALSE STATEMENT

13-A. Lying to staff member.

13-B. Malingering, feigning an illness.

GAMBLING

14-A. Preparing or conducting a gambling operation.

14-3. Participating in games of chance for gain/profit.

BARTERING

15-A. The trading, selling, or loaning of property.

15-3. Attempting to give, giving, or receiving money or anything of value from any person as a bribe or inducement.

CLASS OF
OFFENSE C D
C C A C C A

**See Page 7 of Attachment A - Allowable Sanctions

Attachment A (6 of 7)

ACTS CONSTITUTING RULE VIOLATIONS* .
ESCAPE 16-A. Successful escape from the custody of the Department
of Corrections. 16-B. Participating in any activity that aids or abets an escape. 16-C. Failure to return from any approved activity or pass at the
designated time. 16-D. Any attempt to escape from the custody of the Department
of Corrections.

CLASS OF
OFFENSE
A
A A
A

"

.

Attachment A (7 of 7)

RANGE OF ALLOWABLE SANCTIONS Limit of Three Sanctions Per Class

Class A

1. Di scipl inary.llnit 0-60 days 2. Loss of earned credits up to 365 days* 3. Loss of Designated Privileges 0-60 days*** 4. Restitution**
5. Extra duty up to 4 hours/day, not to exceed 60 days

'' Class 3

1. Disciplinary Unit 0-30 2. Loss of Earned Credits 0-180* 3. Loss of Designated Privileges 1-30 days*** 4. Restitution**
5. Extra duty up to 4 hours/day, not to exceed 30 days. 6. Formal reprimand/warning.

Class C

1. Disciplinary Unit 0-15

y-

2. Loss of Earned Credits 0-90*

(

3. Loss of Designated Privileges 0-15 days***

4. Restitution**

5

5. Extra duty up to 4 hours/day, not to exceed 15 days.

6. Formal reprimand/warning.

Class D
1 . Loss of Designated P r i v i l e g e s 1-15 days*XTr
2. Restitution** 3. Extra duty up to 2 hours/day, not to exceed 5 days. 4. Formal reprimand/warning. *Not to exceed amount accrued.
**Restitution may only be imposed in special cases, and then only for the actual amount of the replacement value of the item destroyed.

***Designated privileges include T.V. radio, phone, commissary (except postage stamps), movement, visits (except attorney), pass/furlough eligibility.

DEPARTMENT

OF

o

CORRECTIONS

I I I . INMATE MANAGEMENT

SECTION NUMBER:

PAGE NUMBER:

POLICY" AND PROCEDURE MANUAL

316 SUBJECT:

1 of 8 REVISED: 10-1-83

OFFENDER GRIEVANCE PROCESS

Policy of the Department
It is the policy of the Idaho Board of Correction that the Idaho Department of Corrections provide a process that enables each offender to resolve problems and find answers to auestions concerning the operation of the Department as it relates to the offender. It is the purpose of this policy to provide a responsive offender grievance orccess whereby the offender will be able to address complaints concerning the Idaho Peoartment of Corrections.
REFERENCES: Federal Register Vol. 46 No. 190 — Part 40 — Standards for Offender Grievance Procedures dated October 1, 1981.
42 U.S.C. § 1983 42 U.S.C. § 1197e Order No. 957-81, 46 Federal Register 48136. October 1, 1981 Standards for Adult Correctional Institutions, 2d ed. Standard 2-4343 Standards for Adult Community Residential Services, 2d ed. Standard 2-2154 Standards for Adult Probation and Field Services, 2d ed. Standard 2-3163.
PROCEDURES: The Grievance procedure provides a legitimate method for the administrative settlement of offender grievances and guarantees the offender protection from reprisal.
1. General guidelines for the offender grievance process.
A. Definition of Terms
(1) Offender Grievance. A written complaint by an offender on the offender's own behalf, regarding the policy within a facility, a condition of a facility, medical or dental problem, an incident occurring within a facility, or problems incident to parole or probation supervision.
(2) Offender, For the purpose herein, the term shall be used to include offenders in institutions and community work centers, as well as probationers and parolees.
(3) Reviewing Authority. These terms are used herein to refer to wardens and superintendents for incarcerated offenders, and di-strict managers for probationers and parolees.
(4) Appellate Authority. This term is used herein to refer to the director of the Department of Corrections for incarcerated offenders and the administrator of the division of.Probation and Parole for probationers and parolees.
iJTfF1-*
(i) - grievance system

DEPARTMENT OF
o CORRECTIONS

I I I . INMATE MANAGEMENT

SECTION NUMBER:

PAGE NUMBER:

CY AND 316

2 of 8

PROCEDURE SUBJECT:

REVISED: 10-1-83

MANUAL

OFFENDER GRIEVANCE PROCESS

B. Applicability of the Grievance Procedures

(1) Unless otherwise specified, the offender grievance procedure may be used to address comolaints by offenders regarding all policies, conditions of confinement, actions by employees and other offenders and "rncidents crcurring within the jurisdiction of the Idaho Department of Correct:ons that affect the offender personally.

(2) Offenders are entitled to use the offender grievance procedure regardless of their classification or disciplinary status. If the offender wishes to file a grievance on any protion of the disciplinary hearing process, he or she can do so after completion of the disciplinary appeal process.

C. The offender should seek informal resolution and exhaust all other available administrative remedies prior to using the grievance process.

c

D. Reprisals against offenders who file offender grievances are strictly prohibited. Offenders have the right to file grievances against any employee for any reprisal resulting from the filing of an grievance. "Reprisal" means any

action or threat of action against anyone for the use of, or participation

in the grievance procedure.

2. Communication of Offender Grievance Procedures

A. The written offender grievance procedure hearing shall be readily available to all employees and offenders.

B. The institutions' Policy and Procedure Manual will explain in detail the offender grievance procedures. In addition, orientation meetings for offenders at all facilities will include an oral explanation of the procedures and the opportunity to have questions regarding the procedures answered.

C. Offenders who do not understand English will be provided a translation in the language in which they demonstrate competency.

D. All correctional employees who may reasonably be expected to be involved in

the grievance process will receive training.

-

3. The Offender Grievance Process

A. If an offender's agrieved issue could not be handled informally, the offender's complaint must be filed within 15 calendar days of the incident in which the agrieved action occurred. The reviewing authority may choose to extend the
v

o

DEPARTMENT OF
CORRECTIONS
:0$Bk itself •

III. INMATE MANAGEMENT

POLICY-AND

SECTION NUMBER: 316

PAGE NUMBER: 3 of 3

PROCEDURE MANUAL

SUBJECT:

REVISED: 10-1-83

OFFENDER GRIEVANCE PROCESS

filing period up to 60 days. Under no circumstance will the grievance be accepted after 60 days of the incident unless so ordered by a court pursuant to 42 USC Sec. 1997e.

B. The offender- will indicate the following information on the "offender grievance
report form" {refer to Attachment A ) :

1 The nature of the complaint. This statement must be specific 3S to the complaint, dates, places, personnel involved, and how the complaining offender has been affected.

2. Informal action taken to resolve the complaint as well as the names of those employees from whom the offender sought an answer to the grievance.

3. The action the offender believes the reviewing authority should take.

c

4. The date the completed grievance report form was sent to the reviewing authori ty.

C. Response by the reviewing authority:

1. Upon receipt of a grievance report form, the reviewing authority will assign a grievance number, grievance category code, indicate the date of receipt, and return the grievance report form to the offender with a response within twenty-one (21) calendar days.

2. Response will contain findings of fact, conclusions made, action taken by the reviewing authority, and reason(s) for action taken.

3. In the event a grievance cannot be adequately answered within the 21-day period, the reviewing authority will so inform the offender in writing within the 21-day period. The reviewing authority must state the reasons the response was delayed and will establish the date when a response will be give. This date must not exceed 30 days from the receipt of the grievance report form.

In all cases, the reviewing authority will return the original to the offender. The original may beused for further appeal {r-efer to Section 3.D)
if the offender desires. A copy of the grievance report will be retained
by the reviewing authority.

D. Appeal to the appropriate appellate authority:

I I I . tlWATE MANAGEMENT

DEPARTMENT'

OF

CORRECTIONS

POLICY AIMD

O PROCEDURE
§1 MANUAL

SECTION NUMBER: 316 SUBJECT:

PAGE NUMBER: 4 of 8
REVISED: 10-1-83

OFFENDER GRIEVANCE PROCESS

1. If the offender feels the reviewing authority response was not satisfactory and chooses to appeal, the offender must appeal to the appropriate appellate authority within ten (10) days of the reviewing authority's response.

2. The appellate authority has 21 calendar days from the receiDt to resoond and return the grievance report to the offender. If an extension is required, the offender shall receive written notification. Response time must not exceed a total of 30 days.

3. When the offender feels that the complaint is of a sensitive or emergency

nature; or that he/she may be adversely affected by the admission of the

complaint at the initial level, the offender may address the complaint

directly to the appropriate appellate level. The offender must indicat a

valid reason for not bringing the complaint to the attention of the ini-

tial reviewing authority. If the offender does not provide a reason, or

the reason supplied is not adequate, the complaint will be returned to the

c

appropriate level for processing, with a written explanation to the offender and the timetable will be altered as provided in Section 3 . C . ( 1 ) .

4. For incarcerated individuals the appellate authority shall be the Director.

For probationers and parolees the authority shall be the Administrative of

the Division of Parole and Probation.

E. Appeal to the Director for probationers and parolees:

(1) If the offender feels the response of the appellate authority was not satisfactory, the offender may appeal to the Director or designee within 10 days of receipt of the appellate authority's response.

(2) The Director or designee will send a response to the offender within 2 0 calendar days from receipt of the grievance reoort. The answer shall indicate findings of fact, conclusions made, and actions taken.

(3) A grievance form sent to the Director or designee without prior action by the appropriate reviewing authority or appellate level will be forwarded to the appropriate authority for response.

F. In actions brought under 42 USC Sec. 1983 where a court Has stayed an action for a period not to exceed 90 days in order to require an offender to exhaust the offender grievance process (42 USC Sec. 1997E), the offender shall attach a copy of the court's order to the grievance report form and submit the grievance to the reviewing authority within ten (10) days of the order. The reviewing authority shall establish deadlines so the grievance procedure will be completed at the Director's level within the court-ordered period of stay.

*

I I I . INMATE: MANAGEMENT

Lit PARTMENT OF

SECTION NUMBER:

PAGE fJUf-'BER:

c

CO RRECTIONS
i SI-

PCLsCY.AIMD PROCEDURE MANUAL

316 SUBJECT:

5 of 8 REVISED: 10-1-33

OFFENDER GRIEVANCE PROCESS

G. All other-offender grievances shall reach final disposition within 90 calendar days afater original filing unless the grievant agrees in writing to an exten-
sion for a fixed period.

H. Expiration of a time limit at any stage of the offender grievance process will entitle the offender grievant to move to the next stage of the grievance process unless the offender has been notifed in writing of an extension of the time necessary for response.

4. Distribution of responses to of fender,, grievances

A. The reviewing authority shall retain one copy of each offender grievance report for the unit grievance file, and return the original of the grievance to the offender.

B. The appellate authority in the case of probationers and parolees, shall send

one copy to the appropriate reviewing authority, one copy to the appropriate

c

facility file, and the original back to the offender. C. The Director shall send a copy to the appropriate reviewing authority or ap-

pellate authority and one copy to the appropriate facility file. The original

will be forwarded to the offender.

D. All offender grievance records shall be treated as confidential and shall be maintained in the appropriate facility file. Access is limited to those corrections employees who have a need for such information in the performance of their duties.

5. Offenders and employees were afforded an advisory role in the formulation and implementation of this procedure.

6. Any exceptions to the procedures in this memorandum shall require prior written approval from the Director.

6 of 3
o
GRIEVANCE SYSTEM FLOW-CHART
DIRECTOR

FACILITY HEAD (WARDEN, SUPERINTENDENT)

ADMINISTRATOR
DIVISION OF PROBATION/PAROLE

INCARCERATED GRIEVANCE

DISTRICT MANAGER
PROBATION OR PAROLE GRIEVANCE

INMATE GRIEVANCE "FORM

/ of

DATE:

FACILITY:

o NAME: •

INSTITUTIONAL NO.:

YOU MUST FILE WITHIN FIFTEEN (15) DAYS OF INCIDE

Nature of complaint (be specific as to complaint, dates, places, etc.):

The action you oelieve reviewing autnonty should

Signature of Grievant

Grievance sent to:

..

Name

Title

RESPONSE FROM REVIEWING AUTHORITY: RECEIPT DATE:

GRIEVANCE NO.:

I_J INDIVIDUAL (1) /_/ Classification

(4) /_/ Disciplinary (7) /_/ Property

O POLICY PROCEDURE
r^

(2) n Complaint Against

_

Staff

(3) /_/ Condition of

Confinement

(5) fj Legal __
(6) /_/ Medical

(8) £ 7 Records ( 1 0 ) £ T 0 t h _
(9) /_/ Visiting

Response: (be speci fie]

I'OU have the right to appeal to the

Director within ten (10) days

Signature

Date

I wish to continue my appeal Decause:

:esponse Dy Director:

Sianature

Date

Signature

Uate

VI. INSTITUTIONAL PROGRAMS AND ACTIVITIES

DEPARTMENT OF

SECTION NUMBER:

PAGE NUMBER:

c

CORRECTIONS

POLICY AND PROCEDURE

605 SUBJECT:

1 of 1

MANUAL

Policy for Release of

Inmates on Furlough

Policy of the Department
To provide the criteria and procedures whereby selected inmates may participate in the furlough program for the purposes of strengthening such family and community ties as the inmate may have; assisting the inmate in developing, preserving, and maximizing his financial and interpersonal ties; stabilizing responsible social attitudes and behavior; obtaining" needed health services not otherwise available; handling emergency situations; and for other purposes consistent with the furtherance of an inmate's rehabilitation plan.
Procedure
An Administrator of an i n s t i t u t i o n is authorized to grant furloughs in accordance with i n s t i t u t i o n a l rules and regulations and Idaho Code 20-101C to inmates who have a good behavior record, and are classiffed* under minimum custody status. Each i n s t i t u t i o n or f a c i l i t y shall have a specific furlough procedure. Furloughs granted under I.C. 20-101C shall be in accordance with statutory requirements. Furloughs may be granted for the following purposes:
a. Emergencies, including c r i t i c a l i l l n e s s , death, emotional c r i s i s , or similar situations in the inmate's immediate family.
b. Obtaining health services not available in any of the Department's i n s t i t u tions.
c. Seeking employment i f :
1. Specific job interviews have been arranged.
d. Setting residential plans for parole release.
e. Caring for business affairs in person when not doing so would cause depletion of an inmate's assets or resources so seriously as to affect his family or future economic security.
f. Family visits in order to strengthen or preserve relationships, exercise parental responsibilities, or prevent family division or disintegration.

(a) - passes and furloughs
v

THE POLICIES AND PROCEDURES OF
THE IDAHO COMMISSION FOR PARDONS AND PAROLE
which pertain to inmates currently incarcerated in The Idaho State Correctional Institutions

•
\

a)
ouaas.
Revised March 1,1984

TABLE OF CONTENTS

PART ONE - THE PAROLE PROCESS

I . The Primary Interview

1

II. The Parole Hearing

2

A. The Scheduling

2

B. The Parole Hearing

2

C. The Decision

2

R. Escape Pol icy

4

E. Parole Detainer

4

F. Consecutive Sentences

5

G. Fixed Term and Mandatory Minimum Sentences 5

H. S e l f - I n i t i a t e d Parole Hearings

5

III. Parole Release

6

IV. Discharge from Supervision

7

PART TWO - PARDON AND COMMUTATION

I . Pardon

8

II. Commutation of Sentence

8

A. The P e t i t i o n

9

B. The Hearing

10

C. Fixed Term and Mandatory Minimum Sentences 10

PART THREE - PAROLE REVOCATION

I . The O f f i c i a l N o t i f i c a t i o n

11

II. The Preliminary Hearing

11

III. The On-Site Parole Revocation Hearing

12

IV. The Parole Revocation Hearing

13

APPENDIX 1 (Idaho Code 20-223)

15

APPENDIX 2 (Idaho Code 19-2520)

16

APPENDIX 3 (Idaho Code 19-2513A)

17

APPENDIX 4 (Idaho Code 20-213)

18

FORWARD
The Idaho Commission for Pardons and Parole i s a f i v e member board appointed by the Board of Corrections and confirmed by the State Senate.
Members serve f i v e year terms as established by Idaho Code 20-210.
The Commission functions are delineated and r e s t r i c t e d by the State Constitution and the laws of the State of Idaho.
The policies and procedures which follow have been established pursuant thereto. The Commission reserves the right to deviate from these normal procedures whenever i t determines that extraordinary circumstances so'warrant. The Commission a d d i t i o n a l l y reserves the right to act at i t s discretion in circumstances not specifically outlined by i t s p o l i c y .
Following parole, pardon and commutation hearings, each county prosecuting attorney shall be informed of the action taken.

PART ONE - THE PAROLE PROCESS
Parole: A conditional release from a penal i n s t i t u t i o n under a contractual agreement between the Commission for Pardons and Parole and a convicted f e l o n . Parole i s not a r i g h t but a p r i v i l e g e . The process regarding the granting or denial of parole 1s as follows:
I . The Primary Interview
A. Every inmate w i l l be interviewed by a Commissioner or representative of the Commission w i t h i n six months a f t e r being received as" a commitment to the Idaho Department of Corrections. Exceptions: 1) Any inmate with a sentence of three years or less w i l l be given a Primary Interview at three (3) months; 2) Any inmate retained upon r e l inquishment of j u r i s d i c t i o n by the Court w i l l be interviewed two months f o l l o w i n g r e t e n t i o n .
B. The purpose of the Primary Interview i s :
1 . To e s t a b l i s h the Commission's basic r e c o r d .
. 2 . To Introduce the inmate t o the general o r i e n t a t i o n of the Commission.
3 . To make the inmate c l e a r l y aware of any sentencing r e s t r i c t i o n s .
4 . To e s t a b l i s h the date f o r the inmate's i n i t i a l appearance before the Commission.
C. I f , concurrently with a sentence r e s t r i c t e d under Idaho Code 20-223 (Appendix 1 ) , an inmate i s serving another sentence for a crime not so r e s t r i c t e d , the inmate w i l l not be granted a parole appearance on the unrestricted sentence u n t i l he i s e l i g i b l e for parole on the r e s t r i c t e d sentence.
D. Where an inmate incarcerated in a f a c i l i t y i n another State i s e l i g i b l e for a Primary Interview, the Commission may ask the administration of that i n s t i t u t i o n to make arrangements which would enable a Commissioner or the Commission's representative t o conduct t h i s i n t e r v i e w by long distance t e l e phone rather than t r a v e l i n g t o the i n s t i t u t i o n where.the inmate i s incarcerated.
E. An inmate who escapes p r i o r t o the Primary Interview w i l l be scheduled f o r a Primary Interview w i t h i n s i x (6) months a f t e r being returned to the custody of the Idaho Department of Corrections.
F. Normally, an inmate shall not be considered by the Commission for parole u n t i l after the Primary Interview.

I I . The Parole Hearing
A. The Scheduling
1 . The Commission for Pardons and Parole w i l l hold regular parole hearings and parole revocation hearings each month. These hearings w i l l normally be conducted by a quorum of three Commissioners. The Commission hearing days in January, A p r i l , July and October are normally reserved for the consideration of pardon and commutation hearings by the f u l l Commission, and parole consideration of inmates whose parole hearing i s restricted by Idaho Code 20-223. (Appendix 1)
2. Unless otherwise restricted by Idaho Code 20-223, the length of time between parole hearings shall be based upon factors including, but not limited t o , the length of maximum sentence, seriousness of the instant offense, extensiveness of the criminal record, and relative degree of h a b i l i t a t i v e progress. Any inmate whose next parole hearing is scheduled more than t h i r t y (30) months in the future shall receive a jacket review no less frequently than every t h i r t y (30) months.
3. At least t h i r t y (30) days prior to the date of the scheduled hearing, a l i s t of the names of the inmates scheduled for hearing in that month w i l l be mailed or otherwise communicated to all d i s t r i c t court judges, all prosecuting attorneys, and all sheriffs and chiefs of police in the State of Idaho.-
4 . Mo inmate is required to be present at his scheduled parole hearing, but w i l l be afforded every reasonable opportunity to do so.
5. When an inmate is incarcerated in an i n s t i t u t i o n flther than the Idaho State Correctional I n s t i t u t i o n , the parole hearing may, and ordinarily w i l l , be conducted either by telephone conference call with the Commission or by a Commissioner or representative of the Commission at the i n s t i t u t i o n where incarcerated. I f the hearing is conducted at the i n s t i t u t i o n where the inmate is incarcerated, information from the hearing w i l l be presented to the Commission during i t s regularly scheduled hearing at which time a decision to grant or deny parole w i l l be made.
B. The Parole Hearing
1 . The Commission invites and encourage-s the inmate's correctional counselor to be present at his parole hearing. No witness on behalf of a parole applicant w i l l be allowed to t e s t i f y at parole hearings unless the Commission has reason to believe that he can provide important information which can be obtained in no other way. Representatives and witnesses must be scheduled through the Executive Secretary at least five (5) days prior toi the day on which the hearing i s scheduled.
2. Staff members, other than the Inmate's correctional counselor, w i l l not be heard except upon approval or I n v i t a t i o n of the Commission.
C. The Decision
1 . The granting of a parole depends exclusively upon the discretion of the Commission for Pardons and Parole. In general, a parole i s granted

only whpn, in thp judqompnt of the Commission, an inmate, otherwise e l i g i b l e , will be thought l i k e l y to avoid further violation of the law and live as a good c i t i z e n . The Commission evaluates each case upon i t s Individual merits and acts to grant or deny release on parole as i t s best judgement dictates.
2 . The Commission has established c r i t e r i a to be used in parole considerat i o n . These c r i t e r i a are frequently reviewed by the Commission and f a l l within certain general areas. They pertain t o :
a. The seriousness and aggravation/mitigation involved in the crime for which subject is incarcerated.
b. Official reports regarding the extent of subject's criminal career.
c. Failure or success of past probation or parole,
d . Institutional adjustment and a b i l i t y to conform to established rules and procedures.
: e . Involvement in available programs that are l i k e l y to assist subject after release.
f . Evidence of the development of a positive social attitude and a willingness to f u l f i l l the obligations of a good c i t i z e n .
g. Official reports of exceptional conduct, involvement in Institutional disorder or the exploitation of other inmates.
h. The strength and s t a b i l i t y of the proposed parole plan.
1. Reports of physical, mental or psychiatric examinations.
The Commission may also consider recommendations and information from other sources such as i n s t i t u t i o n a l s t a f f , judges, prosecuting attorneys, law enforcement o f f i c i a l s , defense attorneys and family, so long as the information i s related to specific facts relevant to the proceedings.
3. Regarding the Inmate's parole plan: The two main stipulations are that the inmate shall have adequate arrangements for employment or maintenance and care and an adequate home placement. The adequacy of employment and home placement are determined by a parole officer in a preparole investigation. Inmates with particular problems (such as alcoholism, incapacitating physical disorder, e t c . ) may be paroled to some f a c i l i t y 1n which care w i l l be provided. An educational program may be considered as adequate "employment", provided that the parole applicant presents evidence of a b i l i t y to complete successfully, work at that academic or vocational l e v e l , and provided t h a t evidence of adequate funding is presented.
4 . A decision to grant or to deny a parole must be made by a majority of the f i v e members of the Commission. I f , at a regular hearing, the vote of the three Commissioners i s not unanimous, the case w i l l be continued to a time when a sufficient number of Commissioners are present to obtain a majority vote of the f u l l Commission.

5. Once the Commission has made i t s decision, the inmate w i l l not be permitted to present additional arguments.
6. If an inmate is involved in a major disciplinary rule infraction after a parole or final release date has been granted but before being r e leased, the release w i l l be postponed and the circumstances of the rule i n f r a c t i o n reported to the Commission at the Inmate's jacket review prior t o release. I f the case had already been jacket reviewed, the Commission w i l l review the circumstances at i t s next scheduled meeting. The Commission may: (1) reinstate the parole or release date; (2) suspend the parole or release date until the inmate is ninety (90) days disciplinary f r e e ; or (3) rescind the parole or release date granted and schedule another parole hearing.
7. An inmate who is convicted of either a misdemeanor or felony crime committed in the i n s t i t u t i o n should expect to be required to serve onethird (1/3) of the time remaining until the goodtime release date of the sentence being served at the time the crime was committed, or f i v e (5) years, whichever is the least, before receiving consideration for discharge or parole.
8. I f , after a parole or final release date has been granted but before an inmate is released, the Commission receives additional information concerning the inmate which might reasonably have resulted in a parole or release date not being granted at a prior hearing, the Commission may cancel the date granted and schedule another parole hearing.
H. Escape Policy
This policy requires the inmate to serve one-third (1/3'J of the time remaining until the goodtime release date of the sentence being served at the time of the escape, or f i v e (5) years, whichever Is the least, before receiving consideration for discharge or parole.
1 . When an Inmate is found by the I n s t i t u t i o n ' s Adjustment Committee to have violated the I n s t i t u t i o n ' s rules by escaping, or by attempting or conspiracy to escape, and, for any reason, 1s not charged with the crime of Escape, he/she may be regarded by the Commission as having escaped, and i t s escape policy may be applied.
2 . If an inmate escapes from the custody of the Idaho Department of Corrections and subsequently i s incarcerated i n another state correctional f a c i l i t y , the Commission authorizes the sentence being served at the time of escape to recommence on the date of adjudication and/or dismissal of the escape charge by the Idaho j u d i c i a l authorities.
E. Parole to a Detainer
t
The policy of the Commission with regard to parole to detainers i s , in general , in accord with the principles recommended by the Association of Administrators of the Interstate Compact for the Supervision of Parolees and Probationers.
1 . The 'status of detainers held against prisoners 1n i n s t i t u t i o n s shall be investigated, insofar as i s reasonably possible, prior to a parole hearing .

2. I f , at the time of the parole hearing, a valid detainer has hppn 1 odgpci against an inmate, the Commission w i l l grant parole to such detainer only i f the status of that detainer has been investigated and parole is deemed appropriate.
3. I f , prior to the inmate's release, 1t i s learned that the detaining j u r i s d i c t i o n w i l l not exercise i t s de'tainer, the parole w i l l be regarded as null and v o i d , and the subject must return before the Commission for for further consideration.
F. Consecutive Sentences
When an inmate has two or more sentences t o be served consecutively, the f i r s t of the consecutive sentences w i l l be considered as a single sentence with l i t t l e regard for sentences remaining t o be served at the time of the parole decision. In other words, an inmate serving the f i r s t of consecutive sentences o r d i n a r i l y w i l l not receive a f i n a l discharge from his f i r s t sentence any more quickly than he would be paroled i f this were the only sentence being served.
G. /Fixed Term Sentences
Inmates convicted and sentenced with Fixed Term sentences are not e l i g i b l e for parole consideration and w i l l not receive a parole hearing on these sentences (Appendix 3 ) .
H. S e l f - I n i t i a t e d Parole Hearings
The Idaho State Correctional I n s t i t u t i o n enables inmates to earn work credi t s , and had provided for exchange of work credits for a Self-Initiated Progress Report. Very few hearings are granted, and generally, only when the circumstances have changed significantly since his/her last parole hearing.
1 . Inmates requesting a S e l f - I n i t i a t e d Parole Hearing must have had their I n i t i a l hearing before the Commission.
2. Inmates who wish a S e l f - I n i t i a t e d Parole Hearing w i l l notify their counselor, who w i l l provide them with form " S e l f - I n i t i a t e d Progress Report." When the form i s completed by the inmate and returned to the counselor, the counselor w i l l sign the form, forward i t to the Commission, and i n sure work credit expenditure 1s entered i n the inmate's central f i l e .
3. The Commission w i l l review the Sel f - I n i t i a t e d Progress Reports only during I t s January, April , July and October meetings.
4. I f , after considering the S e l f - I n i t i a t e d Progress Report, the Commission grants a special parole hearing, the inmate w i l l not be required to exchange work credits 1n addition to those "used for the progress report. Additionally, the date for the regularly scheduled parole hearing w i l l not be affected.
5. An Inmate w i l l be permitted only one special parole hearing in any calendar year.

I I I . Parole Release
A. Following the granting of a parole, the following process begins:
1. The Inmate's correctional counselor submits a "half-sheet" to the Conmission. This Is a form which contains the details of the parole plan. Counselors w i l l not submit "half-sheet" forms any e a r l i e r than ninety (90) days p r i o r to the tentative parole date for out-of-state plans, and no e a r l i e r than t h i r t y (30) days for Idaho plans.
2. When the plan I s submitted, the Commission secretary compiles a packet of basic data and sends i t to the d i s t r i c t office of the Division of Probation and Parole near where the Inmate wishes to serve parole. I f the Inmate has been granted an out-of-state parole, the packet Is sent through the Interstate Compact to that state.
3. When the packet 1s received In the d i s t r i c t o f f i c e , 1t I s assigned t o a parole o f f i c e r who w i l l Investigate the plan. In Idaho this Investigation Is usually completed within two weeks from the day 1t 1s received In the d i s t r i c t o f f i c e . For an out-of-state plan, sixty (60) days or longer may be required to complete the investigation.
4. While the plan 1s being Investigated, the Inmate 1s required to attend Parole School. This Is a period of Instruction on the obligations of being a parolee. An Inmate who Is being paroled to a detainer Is not required to attend.
B. Upon being granted a parole, the Inmate Is required to enter Into an agreement with the Commission to adhere to a set of standard rules and regulations. The Commission, at i t s own d i s c r e t i o n , or upen recommendation of the h a b i l i t a t i o n s t a f f or the parole f i e l d s t a f f , may add additional regulations In specific cases. The Inmate w i l l be given a copy of the conditions of parole.
1. A parole release w i l l not be granted u n t i l the Inmate has attended a period of i n s t r u c t i o n In which the substance and implications of the standard parole rules and regulations w i l l be thoroughly explained.
2. Except 1n very unusual circumstances, described below, the inmate who 1s granted parole w i l l receive supervision from a parole o f f i c e r . Upon release from the I n s t i t u t i o n , the parolee w i l l receive Instructions about where and when to report to the parole o f f i c e r . Unless a waiver 1s received from the Commission 1n w r i t i n g , parolees are to report to their designated parole o f f i c e r within twenty-four (24) hours of release to an Idaho plan, or seventy-two (72) hours to an out-of-state plan.
3. Every Inmate supervised In the State of Idaho w i l l be assigned to Class A parole supervision status. A parolee with this status Is carried on the case load of a parole-of fleer and reports to that o f f i c e r as I n structed. There are three levels of supervision, ranging from frequent personal Interviews to Infrequent reporting by mall. The parolee's level of supervision w i l l be determined by the parole o f f i c e r and/or the D i s t r i c t Manager of that parole d i s t r i c t .

4. An inmate granted a parole to an out-of-state plan w i l l normally be assigned Class A parole supervision status. The degree of supervision w i l l be determined by the policies of the parole division of that s t a t e .
a. A parolee who is receiving Class A supervision in another state i s to follow the procedures prescribed by the parole division in that state.
5. In very unusual circumstances an inmate granted a parole to an out-ofstate plan may be placed on Class B parole supervision status (formerly called "unsupervised parole"). An inmate who is granted Class B status i s given a set of monthly report forms upon leaving the i n s t i t u t i o n . These are to be f i l l e d out at the beginning of each month and sent to the Executive Secretary of the Commission. Any change of address is to be reported immediately to the Executive Secretary. During the time on parole, the Executive Secretary w i l l , on a random basis, request a r e port from the National Criminal I d e n t i f i c a t i o n Center to determine i f there have been any unreported arrests.
a. A parolee who i s serving parole outside of Idaho on Class B status and then returns to Idaho must report to the parole office nearest his/her place of Idaho residence or temporary lodging within seventy-two (72) hours. I f permanent residence in Idaho is intended, the parolee w i l l be placed on Class A status and a parole o f f i c e r w i l l be assigned.
6. Whenever any person committed to the custody of the State Board of Corrections shall have been granted a parole, i t shall be the duty of the Records Office to transmit a copy of the parole agreement and i n formation as to the parolee's place of residence to the Prosecuting Attorney of the appropriate county.
IV. Discharge from Supervision
A. The Idaho Code specifies that an inmate released on parole w i l l remain on parole for a minimum of one year, except that he cannot be kept under the custody of the Board of Corrections beyond his statutory release date.
1 . At the end of one year, the supervising parole o f f i c e r may recommend to the Commission either that the period of parole supervision be extended or the parolee be discharged.
2. An inmate paroled from a sentence for a crime specified in Idaho Code 20-223 w i l l be required to serve a minimum period of time on parole equal to one-third (1/3) of the time remaining u n t i l the maximum expiration date, or f i v e (5) years, whichever is the l e a s t , before being e l i g i b l e for a final discharge from custody. At the end of the minimum period of parole supervision, the supervising parole o f f i c e r may recommend to the Commission either that a final discharge from custody be granted, or that the period of parole supervision be extended.
3. A parolee on Class B parole may, without a parole o f f i c e r ' s recommendat i o n , request discharge from supervision according to the above guide1ines.
4 . A parolee's statutory release date is the maximum f u l l - t e r m expiration date minus the good time accumulated during incarceration.

-5-
The Director of the Idaho Department of Corrections shall be given the content or nature of such interviews or communications in a manner which shall preserve the confidentiality of the source of the information;
b. Have complete and unobstructed access to files, records, reports, memoranda or other documents within the defendants' custody for purposes of compliance with the terms of this agreement;
c. Have the authority to retain experts to evaluate the technical areas of medical-psvchiatric care, sanitation, and fire safety when such assistance becomes necessary to adequately assess compliance. Local experts will be used when available, and if local experts are not available, experts from the National Institute of Corrections will be used. The experts1 fees and costs will be paid by the defendants and will be limited to standard NIC fees plus reasonable expenses;
d. Have unobstructed access to tour and inspect the institutions. Ordinarily the auditor will inform the Director of Corrections of his plans to visit the institutions, but may visit unannounced if necessary.
e. Not be subject to dismissal except upon agreement of both parties, or by the court uoon motion of one of the parties and a showing of good cause.
7. The auditing period shall continue for ?4 months from the date of the approval by the court of this Stipulated Settlement Agreement. During that time the auditor shall prepare five (5) reports summarizing the auditor's findings and

-6-
evaluations. Copies of such reports shall be provided to counsel for the parties and the court.
8. Counsel for plaintiffs will be provided with notice of all communications between the auditor and defendants, notice of all visits by-the auditor, and notice of all types of the material required by and/or delivered to the auditor by the defendants. Counsel for the defendants will be provided with notice of all communications between the auditor and plaintiffs' counsel. Counsel for the plaintiffs and defendants will also be gzven a summary of all materials reviewed by the auditor. Upon request by counsel for the plaintiffs, the defendants will provide copies of any documents reviewed by the auditor that would be otherwise relevant and discoverable under the Federal Rules of Civil procedure.
9. The auditor, with the agreement of both parties, shall have authority to extend the auditing period for an additional twelve (12) months to allow for compliance, in which case the auditor will prepare two (2) more reports of findings and evaluations.
10. After six months, following the date of the approval of this agreement, and at the end of each subsequent six month period thereafter, the defendants will file with the court, the auditor and the plaintiffs a comprehensive plan outlining the means by which they intend to comply with the terms of this agreement.
11. This agreement resolves all the issues raised in the pleadings in this case with the exception of attorneys' fees and costs.

-7-
Attached hereto are appendices which are incorporated as oart of this Settlement Agreement and which specify the particular relief contemplated by this Agreement. Appendices I through XXII are not subject to modification. Appendices a-i, incorporated herein by reference, represent present policies of the Idaho Department of Corrections. The Defendants may modify these policies at any time unless the plaintiffs can show that such modification will result in a substantial detriment to the plaintiff class. However, the defendants may modify these policies, regardless of a detrimental effect to the plaintiff class, upon a showinq that such modifications are essential to the operation of the institution.
12. The parties aqree that this Stipulated Settlement Agreement will be honored and fulfilled in the utmost good faith and that, should either party breach any portion of the Agreement, at anv time, the other partv may seek enforcement upon motion to the court.
13. The parties agree and stipulate that this action may be dismissed, without prejudice, pursuant to Fed. R. Civ. P. 41, upon full performance, as certified by the auditor, by all parties to this Stipulated Settlement Agreement.
14. The effective date of this Stipulated Settlement Aqreement is the date on which it is approved by this Court.

DATED this

-8dav of

, 1QR4

BY DEFENDANTS:

BY PLAINTIFFS

Jim Jones Attorney^General State of Idaho
Robert R. Gates Deputy Attorney General Corrections Section

Claudia Wright ACLU National Prison Project
"^JUM
Stephen Pevar American Civil Liberties Union

A.I. Murphy Director of Corrections State of Idaho

Randy Robinson Howard Bellodoff Idaho Leqal Services

U , S . DISTKICT COURT

DISTRICT OF IDAHO

Pilca at

M

IN THE UNITED STATES DISTRICT COURT MAY 2 6 1983

FOR THE DISTRICT OF IDAHO

JERRY L. CLAl-F, Claris.

•By -1.. .

fieputy

LOIS WITKE, e t a l . ,

)

) CIVIL NO. 82-3078

Plaintiffs,

)

v.

)

C. W. CROWL, et al., Defendants.

) ORDER CERTIFYING ) CLASS ACTION )

On February 3, 1983, plaintiffs moved this court to certify the above-entitled cause as a class action. Defendants do not oppose this certification. After carefully reviewing the file, the court finds that the plaintiffs can establish the prerequisites as set out in Rule 23(a), Fed.R.Civ.P. The court further finds that the action is maintainable as a Rule 23(b)(2) action.
IT IS, THEREFORE, ORDERED that plaintiffs' Motion for Class Certification should be, and the same is hereby, GRANTED. The certification of this class is conditional and may be altered or amended before the decision on the merits. The class shall consist of all women presently incarcerated at the North Idaho Correctional Institution and tho.se women who will be incarcerated there in the future. Since the
action is maintainable under Rule 23(b)(2), notice to the

ATTACHMENT A ORDER CERTIFYING CLASS ACTION

respective class members will not be required at this time. DATED this ?/. day of May, 1983. »>^ HAROLD UNITED STATES /DISTRICT JUDGE
-2-

APPENDICES
Vocational ^raining (A) Women will be afforded opportunities in vocational training comparahip t-o those afforded to male inmates witBin the Idaho Department of Corrections. All monies received for the purpose of providinq such opportunities, including monies received from the federal government, will be fairly allocated between womeji_ail&_ni£Ja to assure comparability in programming. (B) Vocational training for women shall include:
1. encouragement and training in non-traditional occupations comparable to that offered to men; ?. traininq which includes training in technical and skilled areas designed to lead to higher paying jobs upon release, as is provided to men; 3. training which includes both classroom and onthe-job components; 4. training designed to allow women to work in their acquired trades while still incarcerated; 5. training designed to lead to certification of acquired skills. (C) Women who meet security requirements for communitv custodv status shall be afforded opportunities to
i
participate in community vocational education programs. (D) Vocational traininq orograms will include employment and placement counselling prior to release from incarceration.

(E) All women will be provided with vocational and

aptitude testing and counsellinq.

(F) Women and men inmates working in Idaho correctional

facilities will receive eaual pay for equal work.

II.

Education

(A) Women shall be afforded academic opportunities

comparable to those afforded to men. All monies

received for the purpose of providing such

opportunities, includina monies received from the

federal government, will be fairlv allocated between

women and men to assure comparabilitv in programming.

(B) Educational testing, evaluation and counselling

shall be available to all women.

(C) GED preparation and testing shall be available to

all women. Women also will be afforded the opportunity

to participate in classes to achieve high school

diplomas, as are men. Adult Basic Education will be

available to all women.

(D) Should the opportunity to participate in college

level courses or programs be provided to men, comparable

opportunities will be made available to women.

(E) The Defendants agree to make qood faith efforts to

assure that educational programs are available to all

women. Good faith efforts will be made to schedule

: programs at times outside working hours for women who

have jobs. Women will have the same opportunitv to

complete programs as men.

I'll.
IV. V.

Work Assignments

(A) Women shall he allowed to participate in a range of

work assignments comparable to those of men, and for

equal pay. The Defendants agree that women shall have

the opportunity to engage in meaningful work.

(B) Opportunities to work in all areas of institutional

maintenance will be provided to women of appropriate

security classifications.

(C) Women who meet security requirements shall be

allowed to participate in community work programs, as

are men.

(D) Defendants agree to make good faith efforts to

provide women with work assignments related to

educational and vocational goals.

Prison Industries

Women shall be afforded the opportunity to participate

in prison industries programs comparable to those of

men. Industries available to women shall be comparable

in content, quality and earning potential to those of

men.

Recreation

(A) Women shall be afforded a range of physical

exercise and leisure time activities comparable to that

of men.

Adequate and appropriate supervision,

instruction and equipment will he provided for such

activities.

-4-

VI. VII.

(B) Recreational programs will be scheduled to afford each woman the opportunity to participate reqularly in physical exercise and leisure time activities. (C) Religious activities shall not be restricted except by legitimate institutional necessity. (D) Women who meet security reouirements shall be allowed to participate in community recreational activities. Passes and Furloughs (A) Regulations governing passes and furloughs shall apoly system-wide without regard to gender. Women shall have ecrual access to passes and furloughs as men, as described in the attached appendix relating to passes and furloughs. (B) The Defendants agree to make good faith efforts in the promulgation of policies regulating passes and furloughs to take into consideration the proximity of facilities to urban areas. Mileage restrictions shall take into account the need for all incarcerated persons to have access to relatively urban areas when released on passes or furloughs. Parole (A) Policies and procedures regulating dress, transportation, counsellinq, housing and anv other matters relating to the appearance of inmates before the parole board, shall be standardized and applie.d equally to all inmates regardless of gender, as described in the attached appendix relating to parole.

_ r _

VIII.
IX. X. XI.

(B) Policies reqardinq the submission of information by Defendant's employees to the Parole Board shall be standardized and shall be applied without reqard to qender. Commissary (A) Women will be provided equal access to the commissary and commissary items as men. Prices will be standardized system-wide. (B) "Profits from the commissary will qo into the welfare and recreation fund for use in the facility in which the commissary is located. Telephone Policies regardinq the use of telephones shall be standardized to assure that women have equal access to telephones as men, as described in the attached appendix relatinq to teleohones. Mail Policies regardinq mail shall be standardized to assure that women have equal access to mail as men, as described in the attached appendix relating to mail. Personal Property Policies reqardinq personal property, includinq photoqraphs, shall be standardized to assure that women have equal access to property as men, as described in the attached appendix relating to personal property.

XII.

Visitation

(A) Policies regarding visitation shall be standardized

to assure women comparable access to visitation as men,

as described in the attached appendix relating to

visitation.

(B) The Defendants agree to make good faith efforts in

scheduling visitation to accommodate women incarcerated

at ICIO.

XIII. Physical Facilities

(A) Physical facilities will meet American Correctional

Association (ACA) standards, as well as requirements of

state law, in areas of health and fire safety. Regular

inspections will be ^one by state health inspectors and

fire marshalls.

(B) Food will be prepared and served in accordance with

ACA standards and requirements of state law. Food will

be adecruate in quantity and nutritional content. Food

will never be denied as punishment.

XIV.

Medical, Dental, Psychiatric and Psychological Services

Medical, dental, psychiatric and psychological services,

including screening, testinq, evaluation, counselling

and preventive services will be provided in accordance

with ACA standards. Women shall be provided services

equal to those provided to men.

XV. : Personal Hvqiene Supplies

Policies regarding the dispensing of personal hvgiene

supplies shall be standardized department-wide. Hyqiene

-7-

XVI.

supplies will be limited to those in the appropriate custody classifications. Women shall have supplies which are comoarable to the men at the same custody classification. Classification (A) Defendants agree to promulgate and implement an objective, risk-based system of classification based upon rational, objective criteria. One system of classification shall be utilized system-wide without regard to gender, as described in the attached appendix relating to classification. (B) Security classification shall be based upon the use of an objective behavioral evaluation instrument. (C) Intra-institutional program classification shall be based upon rational, objective criteria. Defendants agree to implement a system-wide internal monitoring system to assure that classification decisions are based upon objective criteria. Re-classification of each inmate shall occur on a regular basis, and at least every six months. Defendants shall implement a system which allows women to petition for re-classification with regard to jobs, housing or program decisions. (D) Classification shall be separate and distinct from the disciplinary system. Classification shall not be utilized as punishment. (E) Women shall be afforded all due process protections including notice, hearing, presentation of evidence, and appeal in all classification decisions.

-R-

XVII.
XVIII. XIX.
XX.

Discipline

(A) Disciplinary rules, requlations, policies and

punishments shall be standardized system-wide without

regard to gender, as described in the attached appendix

relating to discipline.

(B) Defendants agree to implement an internal system-

wide monitoring svstem to assure that women are treated

equally to men with regard to disciplinary decisions.

(C) Women shall be afforded all due process protections

including notice, hearing, presentation of evidence,

confrontation and cross-examination of witnesses, and

appeal in all disciplinary decisions, according to

constitutional requirements.

Grievance Svstem

Defendants agree to promulgate and implement a

meaningful, effective, standardized grievance system, as

described in the attached appendix relating to the

grievance system.

Staffing

Defendants agree to provide staff adequate in numbers

and training to assure the safety an^ security of

inmates.

Qualifications, numbers, training and

deployment of staff shall meet recognized standards of

the ACA or National Institute of Corrections (NIC).

Access to Counsel and Courts

(A) Women shall be provided with sufficient access to

law library, legal materials, law clerks and lawyers to

meet constitutional requirements.

XXI. XXIT.

(B) Women shall have access to lawyers by mail or telephone. Legal mail and telephone calls shall be privileged and confidential. Legal phone calls shall be made via the "blue phone" or through other means for collect calls. (C) Women shall be afforded the opportunity for training and jobs as law clerks comparable to that provided to men. Censorship Women shall be afforded access to mail and publications free of censorship as required by constitutional law. In no case shall women be subjected to censorship more restrictive than that imposed upon men. Good Faith It is intent of the Department of Corrections to provide affirmative and positive programming as aids to rehabilitation. This agreement shall not be construed as an instrument that is intended to reduce the amount of services to male inmates.

-10-

BY DEFENDANTS:
Jim Jones Attorney General State of Idaho
Robert R. Gates Deputy Attorney General Corrections Section

BY PLAINTIFFS
uf
Claudia WrightQ ACLU National Prison Project
&
Stephen Pevar American Civil i/iberties Union

A. I. Murphy Director of Corrections State of Idaho

Randv Robinson Howard Bellodoff Idaho Leqal Services

DEPARTMENT OF
CORRECTIONS

V I . INSTITUTIONAL PROGRAMS ANO ACTIVITIES

SECTION NUMBER:

PAGE NUMBER:

POLICY AND PROCEDURE MANUAL

605 SUBJECT:

1 of 1

Policy for Release of Inmates on Furlough

Policy of the Department

To provide the criteria and procedures whereby selected inmates may participate in the furlough program for the purposes of strengthening such family and community ties as the inmate may have; assisting the inmate in developing, preserving, and maximizing his financial and interpersonal ties; stabilizing responsible social attitudes and behavior; obtaining needed health services not otherwise available; handling emergency situations; and for other purposes consistent with the furtherance of an inmate's re.habilitation plan.

Procedure

1. An Administrator of an i n s t i t u t i o n is authorized to grant furloughs in accordance

with i n s t i t u t i o n a l rules and regulations and Idaho Code 20-101C to inmates who

have a good behavior record, and are classified" under minimum custody status.

Each i n s t i t u t i o n or f a c i l i t y shall have a specific furlough procedure. Furloughs

C

granted under I.C. 20-101C shall be in accordance with statutory requirements. Furloughs may be granted for the following purposes:

a. Emergencies, including c r i t i c a l i l l n e s s , death, emotional c r i s i s , or similar situations in the inmate's immediate family.

b. Obtaining health services not available in any of the Department's i n s t i t u tions.

c. Seeking employment i f :

1. Specific job interviews have been arranged.

d. Setting residential plans for parole release.

e. Caring f o r business a f f a i r s in person when not doing so would cause depletion of an inmate's assets or resources so seriously as to affect his family or future economic security.

f . Family v i s i t s in order to strengthen or preserve relationships, exercise parental responsibilities, or prevent family division or disintegration.

(a) - passes and furloughs

"yjf5P^ i

THE POLICIES AND PROCEDURES OF
THE IDAHO COMMISSION FOR PARDONS AND PAROLE
which pertain to inmates currently incarcerated in The Idaho State Correctional Institutions

mm-*
\^PS'±^L

O U i
Revised March 1,1984

i/^'^'

TABLE OF CONTENTS

PART ONE - THE PAROLE PROCESS

I . The Primary Interview

1

II. The Parole Hearing

2

A. The Scheduling

2

B. The Parole Hearing

2

C. The Decision

2

D. Escape Pol icy

4

E. Parole Detainer

4

F. Consecutive Sentences

5

G. Fixed Term and Mandatory Minimum Sentences 5

H. S e l f - I n i t i a t e d Parole Hearings

5

III. Parole Release

6

IV. Discharge from Supervision

7

PART TWO - PARDON AND COMMUTATION

I. Pardon

8

II. Commutation of Sentence

8

A. The Petition

9

B. The Hearing

10

C. Fixed Term and Mandatory Minimum Sentences 10

PART THREE - PAROLE REVOCATION

I. The Official Notification

11

II. The Preliminary Hearing

11

III. The On-Site Parole Revocation Hearing

12

IV. The Parole Revocation Hearing

13

APPENDIX 1 (Idaho Code 20-223)

15

APPENDIX 2 (Idaho Code 19-2520)

16

APPENDIX 3 (Idaho Code 19-2513A)

17

APPENDIX 4 (Idaho Code 20-213)

18

FORWARD
The Idaho Commission f o r Pardons and P a r o l e i s a f i v e member b o a r d
appointed by the Board of Corrections and confirmed by the State Senate.
Members serve f i v e year terms as established by Idaho Code 20-210.
The Commission functions are delineated and restricted by the State Constitution and the laws of the State of Idaho.
The policies and procedures which follow have been established pursuant thereto. The Commission reserves the r i g h t to deviate from these normal procedures whenever i t determines that extraordinary circumstances so'warrant. The Commission additionally reserves the right to act at its discretion in circumstances not specifically outlined by i t s policy.
Following parole, pardon and commutation hearings, each county prosecuting attorney shall be informed of the action taken.

PART ONE - THE PAROLE PROCESS
Parole: A conditional release from a penal i n s t i t u t i o n under a contractual agreement between the Commission for Pardons and Parole and a convicted f e l o n . Parole i s not a r i g h t but a p r i v i l e g e . The process regarding the granting or denial of parole I s as f o l l o w s :
I . The Primary Interview
A. Every inmate w i l l be interviewed by a Commissioner or representative of the Commission within s i x months a f t e r being received as" a commitment to the Idaho Department of Corrections. Exceptions: 1) Any inmate with a sentence of three years or less w i l l be given a Primary Interview at three (3) months; 2) Any inmate retained upon relinquishment of j u r i s d i c t i o n by the Court w i l l be interviewed two months f o l l o w i n g r e t e n t i o n .
B. The purpose of the Primary Interview 1s:
1 . To e s t a b l i s h the Commission's basic r e c o r d .
. 2 . To Introduce the inmate t o the general o r i e n t a t i o n of the Commission.
3. To make the inmate c l e a r l y aware of any sentencing r e s t r i c t i o n s .
4 . To e s t a b l i s h the date for the inmate's i n i t i a l appearance before the Commission.
C. I f , concurrently with a sentence r e s t r i c t e d under Idaho Code 20-223 (Appendix 1) , an inmate i s serving another sentence for a crime not so r e s t r i c t e d , the inmate w i l l not be granted a parole appearance on the unrestricted sentence u n t i l he 1s e l i g i b l e for parole on the r e s t r i c t e d sentence,
D. Where an Inmate incarcerated in a f a c i l i t y i n another State i s e l i g i b l e f o r a Primary Interview, the Commission may ask the administration of that i n s t i t u t i o n to make arrangements which would enable a Commissioner or the Commission's representative to conduct t h i s interview by long distance t e l e phone rather than t r a v e l i n g to the i n s t i t u t i o n where.the Inmate i s incarcerated.
E. An inmate who escapes p r i o r to the Primary Interview w i l l be scheduled f o r a Primary Interview w i t h i n s i x (6) months a f t e r being returned to the custody of the Idaho Department of Corrections.
F. Normally, an Inmate shall not be considered by the Commission for parole until after the Primary Interview.

I I . The Parole Hearing
A. The Scheduling
1 . The Commission for Pardons and Parole w i l l hold regular parole hearings and parole revocation hearings each month. These hearings w i l l normally be conducted by a quorum of three Commissioners. The Commission hearing days in January, A p r i l , July and October are normally reserved for the consideration of pardon and commutation hearings by the f u l l Commission, and parole consideration of inmates whose parole hearing i s restricted by Idaho Code 20-223. (Appendix 1)
2. Unless otherwise restricted by Idaho Code 20-223, the length of time between parole hearings shall be based upon factors including, but not limited t o , the length of maximum sentence, seriousness of the instant offense, extensiveness of the criminal record, and r e l a t i v e degree of h a b i l i t a t i v e progress. Any inmate whose next parole hearing i s scheduled more than t h i r t y (30) months in the future shall receive a jacket review no less frequently than every t h i r t y (30) months.
3. At least t h i r t y (30) days prior to the date of the scheduled hearing, a l i s t of the names of the inmates scheduled for hearing in that month w i l l be mailed or otherwise communicated to a l l d i s t r i c t court judges, all prosecuting attorneys, and all sheriffs and chiefs of police in the State of Idaho.-
4 . No inmate .is required to be present at his scheduled parole hearing, but w i l l be afforded every reasonable opportunity to do so.
5. When an inmate i s incarcerated in an I n s t i t u t i o n 4ther than the Idaho State Correctional I n s t i t u t i o n , the parole hearing may, and ordinarily w i l l , be conducted either by telephone conference call with the Commission or by a Commissioner or representative of the Commission at the i n s t i t u t i o n where incarcerated. If the hearing is conducted at the i n s t i t u t i o n where the inmate i s incarcerated, information from the hearing w i l l be presented to the Commission during i t s regularly scheduled hearing at which time a decision to grant or deny parole w i l l be made.
B. The Parole Hearing
1 . The Commission invites and encourages the inmate's correctional counselor t o be present at his parole hearing. No witness on behalf of a parole applicant w i l l be allowed to t e s t i f y at parole hearings unless the Commission has reason to believe that he can provide important information which can be obtained in no other way. Representatives and witnesses must be scheduled through the Executive Secretary at least five (5) days prior toi the day on which the hearing i s scheduled.
2. Staff members, other than the Inmate's correctional counselor, w i l l not be heard except upon approval or i n v i t a t i o n of the Commission.
C. The Decision
1 . The granting of a parole depends exclusively upon the discretion of the Commission for Pardons and Parole. In general, a parole i s granted

only when, in the judgement of the Commission, an inmate, otherwise e l i g i b l e , w i l l be thought l i k e l y to avoid further v i o l a t i o n of the law and l i v e as a good c i t i z e n . The Commission evaluates each case upon i t s individual merits and acts to grant or deny release on parole as i t s best judgement d i c t a t e s .
2. The Commission has established c r i t e r i a to be used in parole considerat i o n . These c r i t e r i a are frequently reviewed by the Commission and f a l l within certain general areas. They pertain t o :
a. The seriousness and aggravation/mitigation involved in the crime for which subject i s incarcerated.
b. Official reports regarding the extent of subject's criminal career.
c. Failure or success of past probation or parole.
d . Institutional adjustment and a b i l i t y to conform to established rules and procedures.
: e . Involvement In available programs that are l i k e l y to assist subject after release.
f . Evidence of the development of a positive social attitude and a willingness to f u l f i l l the obligations of a good c i t i z e n .
g. Official reports of exceptional conduct, involvement in Institutional disorder or the exploitation of other inmates.
h. The strength and s t a b i l i t y of the proposed parole plan,
i . Reports of physical, mental or psychiatric examinations.
The Commission may also consider recommendations and information from other sources such as i n s t i t u t i o n a l s t a f f , judges, prosecuting attorneys, law enforcement o f f i c i a l s , defense attorneys and family, so long as the Information i s related to specific facts relevant to the proceedings.
3. Regarding the Inmate's parole plan: The two main stipulations are that the Inmate shall have adequate arrangements for employment or maintenance and care and an adequate home placement. The adequacy of employment and home placement are determined by a parole o f f i c e r in a preparole investigation. Inmates with particular problems (such as alcoholism, incapacitating physical disorder, e t c . ) may be paroled to some f a c i l i t y in which care w i l l be provided. An educational program may be considered as adequate "employment", provided that the parole applicant presents evidence of a b i l i t y to complete successfully, work at that academic or vocational l e v e l , and provided that evidence of adequate funding is presented.
4 . A decision to grant or to deny a parole must be made by a majority of the f i v e members of the Commission. I f , at a regular hearing, the vote of the three Commissioners i s not unanimous, the case w i l l be continued to a time when a s u f f i c i e n t number of Commissioners are present to obtain a majority vote of the f u l l Commission.

5. Once the Commission has made i t s decision, the Inmate w i l l not be permitted to present additional arguments.
6. If an inmate is involved in a major disciplinary rule infraction after a parole or final release date has been granted but before being released, the release w i l l be postponed and the circumstances of the rule infraction reported to the Commission at the inmate's jacket review prior to release. If the case had already been jacket reviewed, the Commission w i l l review the circumstances at i t s next scheduled meeting. The Commission may: (1) reinstate the parole or release date; (2) suspend the parole or release date until the inmate is ninety (90) days disciplinary free; or (3) rescind the parole or release date granted and schedule another parole hearing.
7. An inmate who is convicted of either a misdemeanor or felony crime committed in the i n s t i t u t i o n should expect to be required to serve onet h i r d (1/3) of the time remaining until the goodtime release date of the sentence being served at the time the crime was committed, or five (5) years, whichever Is the l e a s t , before receiving consideration for di scharge or parole.
8. I f , after a parole or final release date has been granted but. before an Inmate i s released, the Commission receives additional information concerning the inmate which might reasonably have resulted in a parole or release date not being granted at a prior hearing, the Commission may cancel the date granted and schedule another parole hearing.
D. Escape Pol icy
This policy requires the Inmate to serve one-third ( 1 / 3 / of the time remaining u n t i l the goodtime release date of the sentence being served at the time of the escape, or five (5) years, whichever i s the l e a s t , before receiving consideration for discharge or parole.
1 . When an Inmate is found by the I n s t i t u t i o n ' s Adjustment Committee to have violated the I n s t i t u t i o n ' s rules by escaping, or by attempting or conspiracy to escape, and, f o r any reason, i s not charged with the crime of Escape, he/she may be regarded by the Commission as having escaped, and i t s escape policy may be applied.
2. I f an inmate escapes from the custody of the Idaho Department of Corrections and subsequently 1s Incarcerated in another state correctional f a c i l i t y , the Commission authorizes the sentence being served at the time of escape to recommence on the date of adjudication and/or dismissal of the escape charge by the Idaho j u d i c i a l authorities.
E. Parole to a Detainer
t
The policy of the Commission with regard to parole t o detainers i s , in general, 1n accord with the principles recommended by the Association of Administrators of the Interstate Compact for the Supervision of Parolees and Probationers.
1 . The status of detainers held against prisoners in i n s t i t u t i o n s shall be investigated, insofar as 1s reasonably possible, prior to a parole hearing.

2 . I f , at the time of the parole hearing, a v a l i d detainer has hpen lodged against an inmate, the Commission w i l l grant parole to such detainer only i f the status of that detainer has been investigated and parole is deemed appropriate.
3. I f , prior to the inmate's release, i t is learned that the detaining j u r i s d i c t i o n w i l l not exercise i t s detainer, the parole w i l l be regarded as null and v o i d , and the subject must return before the Commission for for further consideration.
F. Consecutive Sentences
When an inmate has two or more sentences t o be served consecutively, the f i r s t of the consecutive sentences w i l l be considered as a single sentence with l i t t l e regard for sentences remaining t o be served at the time of the parole decision. In other words, an inmate serving the f i r s t of consecutive sentences o r d i n a r i l y w i l l not receive a f i n a l discharge from his f i r s t sentence any more quickly than he would be paroled I f t h i s were the only sentence being served.
G. / f i x e d Term Sentences
Inmates convicted and sentenced with Fixed Term sentences are not e l i g i b l e for parole consideration and w i l l not receive a parole hearing on these sentences (Appendix 3 ) .
H. S e l f - I n i t i a t e d Parole Hearings
The Idaho State Correctional Institution enables inmates to earn work credi t s , and had provided for exchange of work credits for a Self-Initiated Progress Report. Very few hearings are granted, and generally, only when the circumstances have changed s i g n i f i c a n t l y since his/her last parole hearing.
1 . Inmates requesting a S e l f - I n i t i a t e d Parole Hearing must have had their i n i t i a l hearing before the Commission.
2. Inmates who wish a S e l f - I n i t i a t e d Parole Hearing w i l l notify their counselor, who w i l l provide them with form " S e l f - I n i t i a t e d Progress Report." When the form i s completed by the inmate and returned to the counselor, the counselor w i l l sign the form, forward i t to the Commission, and i n sure work credit expenditure 1s entered in the inmate's central f i l e .
3. The Commission w i l l review the Sel f - I n i t i a t e d Progress Reports only during I t s January, April , July and October meetings.
4. I f , after considering the Sel f - I n i t i a t e d Progress Report, the Commission grants a special parole hearing, the inmate w i l l not be required to exchange work credits in addition to those "used for the progress report. Additionally, the date for the regularly scheduled parole hearing w i l l not be affected.
5. An Inmate w i l l be permitted only one special parole hearing in any calendar year.

I I I . Parole Release
A. Following the granting of a parole, the following process begins:
1. The inmate's correctional counselor submits a "half-sheet" to the Commission. This 1s a form which contains the details of the parole plan. Counselors w i l l not submit "half-sheet" forms any earlier than ninety (90) days p r i o r to the tentative parole date for out-of-state plans, and no e a r l i e r than t h i r t y (30) days for Idaho plans.
2. When the plan i s submitted, the Commission secretary compiles a packet of basic data and sends i t to the d i s t r i c t office of the Division of Probation and Parole near where the Inmate wishes to serve parole. I f the inmate has been granted an out-of-state parole, the packet Is sent through the Interstate Compact to that state.
3. When the packet i s received In the d i s t r i c t o f f i c e , 1t is assigned to a parole o f f i c e r who w i l l Investigate the plan. In Idaho t h i s i n v e s t i gation i s usually completed within two weeks from the day i t 1s received in the d i s t r i c t o f f i c e . For an out-of-state plan, sixty (60) days or longer may be required to complete the investigation.
4. While the plan is being investigated, the Inmate is required to attend Parole School. This Is a period of instruction on the obligations of being a parolee. An inmate who is being paroled to a detainer is not required to attend.
B. Upon being granted a parole, the Inmate is required to enter Into an agreement with the Commission to adhere to a set of standard rules and regulations. The Commission, at i t s own discretion, or upen recommendation of the h a b i l i t a t i o n s t a f f or the parole f i e l d s t a f f , may add additional regulations 1n specific cases. The Inmate w i l l be given a copy of the conditions of parole.
1. A parole release w i l l not be granted u n t i l the Inmate has attended a period of i n s t r u c t i o n ' In which the substance and implications of the standard parole rules and regulations w i l l be thoroughly explained.
2. Except in very unusual circumstances, described below, the inmate who 1s granted parole w i l l receive supervision from a parole o f f i c e r . Upon release from the i n s t i t u t i o n , the parolee w i l l receive Instructions about where and when to report to the parole o f f i c e r . Unless a waiver 1s received from the Commission 1n w r i t i n g , parolees are to report to t h e i r designated parole o f f i c e r within twenty-four (24) hours of release to an Idaho plan, or seventy-two (72) hours to an out-of-state plan.
3. Every Inmate supervised In the State of Idaho w i l l be assigned to Class A parole supervision status. A parolee with this status Is carried on the case load of a parole o f f i c e r and reports to that o f f i c e r as I n structed. There are three levels of supervision, ranging from frequent personal interviews to infrequent reporting by mail. The parolee's level of supervision w i l l be determined by the parole o f f i c e r and/or the D i s t r i c t Manager of that parole d i s t r i c t .

4 . An inmate granted a parole to an out-of-state plan will normally be assigned Class A parole supervision status. The degree of supervision w i l l be determined by the policies of the parole division of that state.
a. A parolee who i s receiving Class A supervision in another state i s to follow the procedures prescribed by the parole division in that state.
5. In very unusual circumstances an inmate granted a parole to an out-ofstate plan may be placed on Class B parole supervision status (formerly called "unsupervised parole"). An inmate who i s granted Class B status is given a set of monthly report forms upon leaving the i n s t i t u t i o n . These are to be f i l l e d out at the beginning of each month and sent to the Executive Secretary of the Commission. Any change of address is to be reported immediately to the Executive Secretary. During the time on parole, the Executive Secretary w i l l , on a random basis, request a report from the National Criminal Identification Center to determine i f there have been any unreported arrests.
a. A parolee who i s serving parole outside of Idaho on Class B status and then returns to Idaho must report to the parole office nearest his/her place of Idaho residence or temporary lodging within seventy-two (72) hours. I f permanent residence in Idaho i s intended, the parolee w i l l be placed on Class A status and a parole o f f i c e r w i l l be assigned.
6. Whenever any person committed to the custody of the State Board of Corrections shall have been granted a parole, i t shall be the duty of the Records Office to transmit a copy of the parole agreement and i n formation as to the parolee's place of residence to the Prosecuting Attorney of the appropriate county.
IV. Discharge from Supervision
A. The Idaho Code specifies that an inmate released on parole w i l l remain on parole for a minimum of one year, except that he cannot be kept under the custody of the Board of Corrections beyond his statutory release date.
1 . At the end of one year, the supervising parole officer may recommend to the Commission either that the period of parole supervision be extended or the parolee be discharged.
2. An inmate paroled from a sentence for a crime specified in Idaho Code 20-223 w i l l be required to serve a minimum period of time on parole equal to one-third (1/3) of the time remaining until the maximum expiration date, or f i v e (5) years, whichever is the least, before being e l i g i b l e for a final discharge from custody. At the end of the minimum period of parole supervision, the supervising parole officer may recommend to the Commission either that a final discharge from custody be granted, or that the period of parole supervision be extended.
3. A parolee on Class B parole may, without a parole o f f i c e r ' s recommendat i o n , request discharge from supervision according to the above guidelines.
4 . A parolee's statutory release date is the maximum full-term expiration date minus the good time accumulated during incarceration.

PART TWO - PARDON AND COMMUTATION
The Commission meets on designated dates i n January, A p r i l , July and October to consider applications for pardon and applications for commutation of sentence.
I . Pardon
A pardon may be granted t o persons who have been convicted of a crime as defined under Idaho Statute and who are able to demonstrate successful c i t i z e n s h i p within a community, and who can demonstrate the need or advantages that a pardon w i l l have for them. The f o l l o w i n g p o l i c i e s w i l l apply:
A. In the absence of some unusual and compelling reason warranting a reduction of the time p e r i o d , the Commission w i l l not consider a pardon application u n t i l the applicant has demonstrated a minimum of three years of successful c i t i z e n s h i p i n the community after release from the legal custody of the Idaho Department of C o r r e c t i o n s . An applicant who was convicted of a crime of violence or crime against the person must demonstrate a minimum of f i v e years of successful c i t i z e n s h i p i n the community a f t e r release from the legal custody of the Idaho Department of Corrections.
B. Upon receiving a pardon a p p l i c a t i o n which meets the time requirements specif i e d above, the Commission w i l l :
1 . I n s t r u c t the applicant to provide l e t t e r s of recommendation from respons i b l e community l e a d e r s .
2. Request, i n w r i t i n g , from the parole agency w i t h i n whose bounds the app l i c a n t l i v e s , an i n v e s t i g a t i o n to provide data flertaining to his lawabiding behavior.
3. Request the appropriate law enforcement agency t o conduct a review of central records which would reveal any recorded law v i o l a t i o n s which may have occurred since his release from custody.
C. When a l l data have been received, the applicant w i l l be n o t i f i e d as to the date and place of t h e next meeting of the Commission. I t i s not mandatory that a pardon applicant appear before the Commission for a formal i n t e r v i e w . However, i f there are ambiguities or inconsistencies i n the data which the Commission believes would be c l a r i f i e d I f the applicant were t o be questioned, he may be asked to appear at a succeeding meeting of the Commission.
II. Commutation of Sentence
The clemency powers which are granted to the Commission for Pardons and Parole by the Constitution enable the Commission to commute sentences either by reducing the time of maximum sentence or otherwise modifying conditions imposed by the sentencing j u r i s d i c t i o n .
There are two steps in the process of applying for a commutation of sentence. The f i r s t step i s the p e t i t i o n , and the second I s the hearing.

A. The Petition
1 . A p e t i t i o n for commutation of sentence should be on a form supplied by the Commission and include the reasons why the inmate believes the c i r cumstances are so extraordinary that the Commission should consider commuting his sentence.
Commutation must be requested in writing by the inmate himself and the petition signed by the inmate; however, the Commission reserves the right to consider a commutation absent petition by the inmate where the Commission feels circumstances warrant such action.
) 2. The Commission w i l l read and consider commutation petitions at i t s
January, A p r i l , July and October meetings. Within one month thereafter the petitioner w i l l be n o t i f i e d by mail of the Commission's decision whether to deny or grant a hearing on the p e t i t i o n ; however, in any particular instance, the Commission may postpone a p e t i t i o n for any length of time pending accumulation of additional information. I f the petition is approved, the petitioner w i l l be n o t i f i e d of the month the commutation hearing w i l l be held. The mere granting of a hearing on a petition should not be interpreted as an intent of the Commission to commute a sentence.
3. Petitions must be received in the Commission's o f f i c e no later than the f i r s t of the month i t is to be considered. Petitions received after the f i r s t of the month w i l l be held for review by the next f u l l Commission month, {January, A p r i l , July or October).
4 . Inmates may not submit more than one p e t i t i o n in any 12-month period. In the absence of extraordinary circumstances, a petition may not be submitted u n t i l an inmate has served at least one year of the sentence in the i n s t i t u t i o n or a similar i n s t i t u t i o n to which he might have been transferred from t h i s i n s t i t u t i o n .
5. The p e t i t i o n may include written representations on behalf of the p e t i t i o n e r . The petition w i l l be considered by the Commission without a hearing.
6 . I t i s the belief of the Commission that only very rarely w i l l a set of circumstances be extraordinary enough for the Commission to approve a p e t i t i o n . I t i s impossible for the Commission to specify with any precision what these circumstances might be. Additional information provided by d i s t r i c t court o f f i c e r s , or an unusual contribution by the i n mate to the maintenance of order in the Correctional I n s t i t u t i o n could be regarded favorably. H a b i l i t a t i v e progress by i t s e l f w i l l not genera l l y be regarded as s u f f i c i e n t to j u s t i f y the approval of a p e t i t i o n .
7. I t is suggested, but not required, that a l l petitions be submitted through the counselor as i t i s a complex document and their guidance may be beneficial .

B. The Hearing 1 . When a p e t i t i o n for a commutation hearing i s approved, the hearing shall be scheduled for the next f u l l Commission meeting (January, A p r i l , J u l y , or October). 2 . Policies and procedures governing the conduct of a parole hearing w i l l apply t o commutation hearings.
C. Fixed Term and Mandatory Minimum Sentences 1 . I t i s the general p o l i c y of the Commission that f i x e d term or mandatory minimum sentences w i l l not be commuted absent acquiesence or stated lack of objection by the sentencing judge or court. I f a p e t i t i o n for commutation of a fixed term or mandatory minimum sentence i s approved for a hearing, the Commission w i l l n o t i f y said court that commutation w i l l not be granted unless acquiescence or lack of objection i s received in w r i t i n g from the court.
10

PART THREE - PAROLE REVOCATION '
I . The O f f i c i a l N o t i f i c a t i o n
A. When i t appears to the supervising parole o f f i c e r that a parolee i s in v i o l a t i o n of his parole, a Report of Violation w i l l be prepared and submitted to the Commission. I f , a f t e r examining the facts reported in the Report of V i o l a t i o n , i t i s believed that such action i s indicated, a Warrant of Arrest w i l l be issued.
B. I f , following the receipt of a Report of V i o l a t i o n , the Commission issues a Warrant of A r r e s t , the parolee's f i n a l release date is suspended and he i s regarded as a f u g i t i v e from j u s t i c e . "
C. I f the alleged v i o l a t o r has absconded from supervision, or otherwise has become a f u g i t i v e , the Warrant f o r his arrest may be reported t o the National Criminal Identification Center.
D. Within f i f t e e n (15) calendar days following his arrest and detention on a Commission Warrant, a parole o f f i c e r , law enforcement o f f i c i a l or representative of the Commission w i l l deliver to the alleged v i o l a t o r a copy of the Report of V i o l a t i o n . At t h i s same time the parole o f f i c e r w i l l explain the Commission's p o l i c y , and w i l l present forms on which the parolee w i l l i n d i cate which r i g h t s he wishes to waive, and those he wishes to exercise.
E. A parolee who i s alleged to have violated his parole w i l l normally, upon return to the Idaho State Correctional I n s t i t u t i o n , be given a hearing before the Commission at i t s next regular meeting.
11. The Preliminary Hearing
A. Every parolee who i s arrested on a Commission Warrant and charged with a v i o l a t i o n of his parole on some ground other than a conviction for a new crime or by having absconded, may receive a Preliminary Hearing to determine i f there i s probable cause to believe that an act which would constitute a v i o l a t i o n of the parole agreement has ben committed.
B. In the case of a parolee alleged to have v i o l a t e d parole by being convicted of a new crime or by having absconded, .probable cause is established with the Judgement of Conviction or by the parolee's absence from his/her proper place of supervision and no Preliminary Hearing need be h e l d .
C. The Preliminary Hearing w i l l o r d i n a r i l y be conducted by a parole o f f i c e r , i n the v i c i n i t y , who has not been d i r e c t l y involved with the supervision of the al leged v i o l a t o r .
D. At the Preliminary Hearing the parolee may, with reference t o the facts of the alleged violation:
1 . Be represented by an attorney at the parolee's expense.
2. Appear and speak in his own behalf.
3 . Bring l e t t e r s , documents, or individuals who can give relevant information to the hearing o f f i c e r ;
11

4. Question persons who have given adverse information on which parole v i o l a t i o n allegations are based unless the hearing officer determines that the i d e n t i f i c a t i o n of such informant would subject the informant to risk of harm.
E. I f , at the Preliminary Hearing, the hearing o f f i c e r concludes that there is probable cause to believe that the parolee i s in violation of the parole agreement, the Commission shall immediately be informed of that decision and of the reasons for the determination and the evidence relied on. I f probable cause is not established, the parole i s reinstated without penalty.
F. The hearing o f f i c e r , at the Preliminary Hearing, w i l l make a tape recording of the entire proceeding. At the conclusion of the hearing he/she w i l l prepare a written summary of the proceedings, including the statement specified in the paragraph above. These, along with any documents presented in e v i dence, shall be sent to the Commission.
G. An alleged parole violator may waive his right to a Preliminary Hearing. Following such waiver, a hearing w i l l be scheduled before the Commission at the Idaho State Correctional I n s t i t u t i o n ; or an On-Site Parole Revocation Hearing maybe requested i f the parolee i s e l i g i b l e under Idaho Code 20-229A.
H. When a parolee serving his parole 1n another state is arrested on a Commission Warrant in that state and a Preliminary Hearing i s requested, the Commission may make one of the following provisions for that Preliminary Hearing:
1 . Request an o f f i c e r of the parole agency in that state to conduct the Preliminary Hearing;
2. Request that an officer sent by Idaho's Division of Probation and Parole conduct the Preliminary Hearing at the place of arrest.
I I . The On-Site Parole Revocation Hearing
A. The Idaho Code provides that a parolee who is alleged to have violated his parole on grounds other than a conviction for a new crime or absconding supervision, may request that a revocation hearing be held reasonably near the site of the alleged v i o l a t i o n .
B. The On-Site Hearing will be held within t h i r t y (30) days from the time that the alleged v i o l a t o r is served with the Report of Violation following his arrest and detention.
C. When an alleged parole v i o l a t o r requests an On-Site Parole Revocation Heari n g , the Executive Secretary, or the chairman of the Commission, w i l l determine the place of the hearjng. I f more than one v i o l a t i o n is charged, the hearing i s to be near the place of violation chiefly relied upon as the basis for issuance of the Commission's Warrant. The Executive Secretary w i l l advise the alleged v i o l a t o r of the time and place of the hearing. If necessary, the parole staff in that d i s t r i c t w i l l transport the alleged violator to the place of the hearing.
D. Ordinarily the On-Site Parole Revocation Hearing w i l l be conducted by a Commissioner, or the Commission's appointed hearing o f f i c e r .
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E. At the On-Site Parole Revocation Hearing, the decision w i l l be rendered within twenty (20) days of the date of the On-Site Hearing.
F. The On-Site Parole Revocation Hearing w i l l be recorded or reported. The transcript of the hearing w i l l ordinarily be retained for only six (6) months.
G. Where the alleged violation took place in another s t a t e , and the designated hearing officer finds probable cause, the parolee may request that an OnSite Parole Revocation Hearing be conducted. This request must be accompanied by a l e t t e r from the alleged v i o l a t o r stating why-he believes that an On-Site Parole Revocation Hearing is warranted. The decision whether to grant an On-Site hearing w i l l be at the discretion of the Commission.
H. The rules as stated below (B, C, D) apply also to the On-Site Parole Revocation Hearing.
IV. The Parole Revocation Hearing
A. I f an alleged parole v i o l a t o r i s not e l i g i b l e for an On-Site Parole Revoca.tion Hearing, or i f he waives that r i g h t , he w i l l be returned to the correctional i n s t i t u t i o n as soon as practicable for a Parole Revocation Hearing before the Commission at i t s monthly meeting. Unless the alleged violator requests a continuance, as specified below, the period of time between his receipt of the Report of Violation and the Parole Revocation Hearing at the correctional i n s t i t u t i o n w i l l not exceed f o r t y - f i v e (45) days.
B. A parolee whose Parole Revocation Hearing i s being conducted by a Commissioner, or the Commission's appointed hearing o f f i c e r , at an On-Site Parole Revocation Hearing, or by the Commission at the correctional i n s t i t u t i o n , w i l l be given the opportunity to present witnesses and documentary evidence relating to the alleged parole v i o l a t i o n . If the alleged violator desires witnesses, the hearing w i l l be postponed for a reasonable time for the purpose of obtaining witnesses. Any witness presented by the alleged violator must be approved by the hearing o f f i c e r to assure that the witness w i l l present information actually pertaining to the allegations or mitigation. Witnesses, when not giving testimony, w i l l o r d i n a r i l y be excluded.
C. If the alleged violator desires to be representd by an attorney, i t must be at the parolee's expense except under the following circumstances: i f the alleged violator presents proof of indigency; and (a) there is a timely and colorable claim that the alleged v i o l a t i o n of the conditions of parole was not committed; or (b) there is a timely and colorable claim t h a t , although there has been a violation of the parole agreement, there are substantial reasons which j u s t i f i e d or mitigated the v i o l a t i o n and make revocation inappropriate, and that the reasons are complex or otherwise d i f f i c u l t to develop or present. If the Commissioner, or the Commission, believes that i t is warranted within the above c r i t e r i a , an attorney w i l l be provided for the alleged violator at state expense; and the Parole Revocation Hearing w i l l be delayed for a reasonable time to allow the alleged v i o l a t o r to obtain counsel. I f the request for counsel i s refused, the grounds for refusal w i l l be stated for the record.
D. A Parole Revocation Hearing is not a s t r i c t j u d i c i a l procedure. I t is a process flexible enough to consider evidence not normally admissable in an
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adversary criminal t r i a l . Furthermore, i t is not required that the alleged violation be proven beyond a reasonable doubt; rather, i f there i s a preponderance of evidence that parole has been v i o l a t e d , the Commissioner or Commission conducting the hearing may so r u l e .
E. Persons serving a parole granted by the Idaho Commission for Pardons and Parole who are convicted of an offense in another state and who are serving a sentence in that other state may receive a Parole Revocation Hearing in absentia.

Appendix 1
Idaho Code 20-223. Parole, rules and regulations governing - Restrictions - Psychiatric or psychological examination.
"The Commission shall have the power to establish r u l e s , regulations, policies or procedures in compliance with chapter 52, t i t l e 67, Idaho Code, under which any prisoner, excepting any under sentence of death, may be allowed to go upon parole but to remain while on parole in the legal custody and under the control of the board and subject to be taken back into confinement at the direction of the commission; provided, however, that no person serving a l i f e sentence or serving a term of t h i r t y (30) or more years shall be e l i g i b l e for release on parole until he has served at least ten (10) years and no person serving a lesser sentence for any of the following crimes; homicide In any degree, treason, rape by force or threat of bodily harm, incest, crime against nature, committing a lewd act upon a c h i l d , robbery of any kind, kidnapping, burglary when armed with a dangerous weapon, or with an attempt or assault with intent to commit any of said crimes, or as an habitual offender, shall be e l i g i b l e for release on parole until said person has served a period of five (5) years or one-third (1/3) of the sentence, whichever i s the l e a s t . The provisions of this section shall affect only those persons who are sentenced on or after the f i r s t day of July, 1980, and are not intended to repeal or amend sections 19-2S13A, 19-2520A,' Idaho Code.
"No person serving a sentence for rape, incest, committing a lewd act upon a c h i l d , crime against nature, or with an intent or an assault with intent to commit any of the said crimes or whose history and conduct indicate to the commission that he is a sexually dangerous person, shall be released on parole except upon the examination and evaluation of one or more psychiatrists or psychologists to be selected by the commission and such evaluation shall be duly considered by the commission in making i t s parole determination. The commission may, in i t s d i s c r e t i o n , likewise require a similar examination and evaluation for persons sprving sentences for crimes other than those above enumerated. No psychiatrist or psychologist making such evaluation shall be held financially responsible to any person for denial of parole by the commission or for the results of the future acts of such person i f he be granted parole.
"Before considering the parole of any prisoner, the commission shall afford the p r i s oner the opportunity to be interviewed. A parole shall be ordered only for the best interests of society, not as a reward of clemency and i t shall not be considered to be a reduction of sentence or a pardon. A prisoner shall be placed on parole only when arrangements have been made for his employment or maintenance and care, and when the commission believes the prisoner is able and w i l l i n g to f u l f i l l the obligations of a law-abiding c i t i z e n . The commission may also by i t s rules, regulations, policies or procedures f i x the times and conditions under which any application denied may be reconsidered." ( I . C . , 20-223, as added by 1980, ch. 297, 6, p. 768).

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Appendix 2
Idaho Code 19-2520. Sentence for use of firearm or deadly weapon.
"Any person convicted of a v i o l a t i o n of sections 18-905 (aggravated assault defined), 18-907 (aggravated battery defined), 18-909 (assault with intent to commit a serious felony defined), 18-911 (battery with intent to commit a serious felony defined), 18-1401 (burglary defined), 18-2501 (rescuing prisoners), 18-2505 (escape by one charged with or convicted of a felony), 18-2506 (escape by one charged with or convicted of a misdemeanor), 18-2703 (resisting o f f i c e r s ) , 18-4003 (degrees of murder), 18-4006 (manslaughter), 18-4015 (assault with intent to murder), 18-4501 (kidnapping defined), 18-4604 (grand larceny defined), 18-5001 (mayhem defined), 18-6101 (rape defined), or 18-6501 (robbery defined), Idaho Code, who displayed, used, threatened, or attempted to use a firearm or other deadly weapon while committing the crime, s h a l l , in addition to the sentence imposed for the commission of the crime, be imprisoned in the state prison for not less than three (3) nor more than f i f t e e n (15) years. Such additional sentence shall run consecutively to any other sentence imposed for the above cited crimes.
"For the purposes of t h i s section, 'firearm' means any deadly weapon capable of ejecting or propelling one or more projectiles by the action of any explosive or combustible propellant, and includes unloaded firearms and firearms which are inoperable but which can readily be rendered operable.
"The additional terms provided in this section shall not be imposed unless the fact of displaying, using, threatening, or attempting to use a firearm or other deadly weapon while committing the crime is separately charged in the information or i n d i c t ment and admitted by the accused or found to be true by the t r i e r of fact at the t r i a l of the substantive crime; provided, however, that the prosecutor shall give notice to the defendant of intent to seek an enhanced penalty at or'^efore the preliminary hearing or before a waiver of the preliminary hearing, i f any.
"This section shall apply even in those cases where the use of a firearm is an element of the offense." ( I . C . , 19-2520, as added by 1977, ch. 10, 1 , p. 20; am. 1980, ch. 296, 1 , p. 767; am. 1983, ch. 183. \ , p. 496.)

Appendix 3
19-2513A. Alternative fixed term sentence.
"As an alternative to an indeterminate sentence for any person convicted of a felony, the court, in i t s d i s c r e t i o n , may sentence the offender to the custody of the state board of correction for a fixed period of time of not less that two (2) years and not more than the maximum provided by law for said felony. [ I . C . § 19-2513A, as added by 1977, ch. 243, § 1 , p. 720.]"

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Apppndix 4 2(1-?13. Meetings as state commission of pardons and paroles - Notice, publication, contents. "The commission shall meet at such times and places as i t may prescribe, but not less than quarterly. If applications for pardon or commutation are scheduled to be considered at such meeting, notice shall be published in some newspaper of general c i r culation at Boise, Idaho, at least once a week for four (4) consecutive weeks, immediately prior thereto. Such notices shall l i s t the names of a l l persons making application for pardon or commutation and a copy of such notice shall immediately, upon the f i r s t publication thereof, be mailed to each prosecuting attorney of any county from which any such person was committed to the pentitentiary, and provided further that the commission may 1n i t s discretion consider but one (1) application for pardon or commutation from any one (1) person In any twelve (12) month period." [1947, ch 53, § 13, p. 59; am. 1951 , c h . 118 § 1 , p. 273; am. 1969, ch. 419, § 2 , p. 1160; am. 1980, ch. 297, § 1 , p. 768.]
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DEPARTMENT
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Use of Telephones by Inmates

Policy of the Department
The Administrator of each i n s t i t u t i o n shall formulate the rules and procedures for inmate use of telephones.
Procedure
1. Each i n s t i t u t i o n Administrator shall formulate rules and procedures governing the frequency, length, and permitted hou.cs for inmate telephone c a l l s .
2. All inmate telephone c a l l s , whether personal or business, outside or i n t r a - i n s t i t u t i o n a l , may be monitored unless involving legal business between attorney and client.
3. Inmate i n i t i a t e d calls must be placed c o l l e c t .

(c) - telephone use

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Policy of the Department

It is the policy of the Idaho Board of Correction that the Department of Correction; will provide supportive services to inmates in an equitable and fair manner. Services are important in the care and treatment of inmates and can assist in the rehabilitative process.

Reference

Standards for Adult correctional Institutions, Second Edition. Standards 2-4022, 2-4226, 2-4338, 2-4369, and 2-4370 thru 2-4378.

Pell v. Procunier, 417 U.S. 817 (1974).

Bell v. Wolfish, 441, U.S. 520, 528, n.9, 99 S. Ct. 1861, 1868, n.9, 60 L. Ed. 2d 44 (1979).

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Procunier v. Martinez, 416 U.S. 396, 413, 94 S. Ct. 1800, 1811, 40 L. Ed. 2d 224 (1974).

Miller v. California, 392 U.S. 616 (1968); 413 U.S. 15 (1973).

Starseth v. Speilman, 354 F.2d 1349 (1981).

Definitions

1. "General Correspondence" means incoming or outgoing correspondence other than "privileged mail." This also includes packages sent through the mail.

2. "Privileged Mail" means correspondence sent to or received from individuals identified in 2.B.(1) pages 6 and 7.

3. "Contraband" is defined as items in the following categories as well as any other items prohibited by Departmental policy or by federal or state statutes:
A. Items, including money, concealed in letters, cards or packages that are not readily seen by the mail handler.

B. Items not allowed per the Department's Personal Property Regulations.

C. Items other than those identified as "authorized items" below.

D. A package received without prior authorization.

(d) - mail

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E. Cards containing musical devices which must be damaged to be inspected properly.

4. "Authorized Items" are defined as those items allowed to come in through the mail excluding packages. They are as follows:

A. Postage Stamps (limited to 20) and cash - The Department assumes no responsibility for these items:

B. Pictures - except those instant photos with layers.

C. Money orders or cashier's checks (no personal or two-party checks).

Procedures

Inmate mail privileges are an important factor in successful inmate adjustment to

institutional life. It is important that each inmate be allowed to communicate with

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family and friends, and have the opportunity to benefit from information, ideas, and concepts originating outside the institution. Individuals violating this policy may be subject to disciplinary action. Individuals tampering with or in any way vio-

lating federal postal regulations may be subject to federal prosecution. Inmate mail

regulations and procedures for processing inmate mail are as follows:

1. Mail Regulations

A. Each inmate will be allowed unrestricted correspondence privileges in accordance with the guidelines presented below. Should the inmate violate or disregard these guidelines, he/she may be placed on a restricted correspondence list.

B. Guidelines for Inmate Correspondence.

(1) Zip codes and the inmate's name, number and correctional facility address must appear on all outgoing mail. If the sender can be identified, but the return address is incomplete or inappropriate, the mail will be returned to the sender for proper addressing. If the sender cannot be identified in the return address, the mail will be destroyed.

(2) Inmates are prohibited from including anything of a threatening nature, contraband and/or anything that indicates plans for escape or illegal activity in their correspondence.

(3) Inmates are prohibited from directing business operations and from engaging in business correspondence except that necessary to protect their property or close out a business.

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(4) Inmates may not solicit or accept any publication which has not been paid for in advance, or order any material, the order of which is contingent upon future orders. All orders for publications shall be made directly to the publisher of the material, or to a legitimate book store.

(5) Correspondence with inmates in other correctional facilities is permitted if the persons are immediate family members, i.e. spouse, natural or surrogate parents, their children or siblings. Inmates may correspond with inmate law clerks for assistance with legal research. Such correspondence shall be considered non-privileged.

(6) All other correspondence between inmate to inmate or inmate to probationer/ parolee will be allowed only with the permission of both of the facility heads or the facility head and the field service manager. This correspondence must be sent unsealed. Permission will normally be granted; however, any denial may be grieved through the Department's grievance procedure.

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(7) Photographs may not be included in outgoing correspondence unless approved by the facility head or designee.

(8) No inmate will be permitted to receive compensation or anything of value for material submitted to the news media.

C. Restricted Correspondence List

(1) If an inmate violates or abuses mail guidelines or it is determined that the inmate's correspondence may be a threat to the community or institutional security, his name may be placed on the restricted correspondence list by the facility head upon the issuance of a disciplinary offense report and a finding of guilty.

(2) The restricted correspondence list for each facility will be reviewed by the facility head on a monthly basis. All incoming and outgoing mail will be reviewed until the inmate is released from the restricted correspondence list by the facility head. Each facility shall establish procedures for the review of restricted mail. Inmates will be notified in writing when it is determined that the conditions which originally placed him/her on the restricted correspondence list no longer exist.

D. Inmates on restrictive housing status have the same correspondence privileges as other inmates.

E. Inmates without sufficient funds for postage in their trust fund account will be provided paid postage for one letter per week. Mail addressed to courts or

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attorneys of record will be sent for inmates with no funds on their trust fund. This will be in addition to the one free letter.

Soft or hard bound books and magazines may be received directly from a publisher or a legitimate bookstore only.

G. All books, magazines, photographs and other publications which are received in the inmate mail will be examined to determine whether they would present a clear and present danger to institutional order, security, discipline or to the rehabilitative progress of the addressee or is obscene. Questionable publications shall be delivered to the facility head or his/her designee.

The facility head or designee shall review the publication and determine

whether the publication presents a clear and present danger to institutional

order, security, discipline or the rehabilitative progress of the addressee

or is obscene.

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(1) If the facility head or designee determines that the publication should not be withheld, he/she will forward it to the inmate within 24 hours of

receipt from the mail room.

(2) Should the facility head or designee determine that the material should be withheld, he/she will notify the inmate in writing within 24 hours that it is being withheld.

(3) This written notice shall contain a brief description of the material in question along with a brief statement of the facility head's or designee's reasons for recommending that the publication be rejected.

H. The Department does not allow into correctional facilities any obscene material — magazines, books, photos, movies, cassettes, etc. Specifically, any material which contains a visual, oral or written depiction of any actual physical contact with the sexual organs of a person or persons by another person or persons will be withheld from the inmate population.

The Department, further, reserves the right to withhold from the inmate population non-obscene materials -- magazines, books, photos, movies, cassettes, etc., which, in the conclusion of the Department, present a risk of adverse impact on the security or rehabilitative goals of the state correctional facilities. Such materials would include, but notnecessarily be limited to, materials which

(1) describe how to build or obtain weapons of any kind;

(2) describe how to manufacture or obtain any drugs or intoxicants;

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(3) describe plans of escape or how to plan or execute an escape;

(4) describe or show actual physical contact with the sexual organs of a person by another person or persons.

(5) glorify or encourage criminal acts, drug usage, illicit sexual acts, violence, insurrection, disobedience, riot or escape.

I. Any inmate who violates U.S..Postal Regulations or Departmental mail regulations will be subject to prosecution or disciplinary action by appropriate
authorities..

2. Procedures for Processing Mail

A. General Mail

(1) All outgoing mail sent by inmates that is not privileged, is subject to

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being opened, inspected and read for enforcement of inmate correspondence guidelines and institutional security where reasonable belief exists that

said mail may present a danger to the orderly running of the institution.

Should mail be found to violate inmate correspondence guidelines, a disciplinary offense report shall be issued and a hearing held to determine the inmate's guilt or innocence. If found guilty, the inmate may then be placed on the restricted correspondence list.

(2) All incoming general mail and packages that are not privileged will be opened, inspected for contraband and may be read for enforcement of inmate correspondence guidelines and institutional security. Should mail be found to violate inmate correspondence guidelines a department offense report shall be issued and a hearing held to determine the inmate's guilt or innocence. If found guilty, the inmate may then be placed on the restricted correspondence list.

(a) Packages will not be allowed except at specified, periods of the year as announced by the facility head.

(b) Unauthorized items of value must be returned to the sender at the inmate's expense within 45 days or the items will be donated to a charitable organization. The inmate will be given a receipt for any contraband seized with an explanation of why the item was seized. It shall be the inmate's responsibility to notify the sender.

(c) When contraband is seized and it appears there'has been an intentional

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violation of state or federal laws or departmental regulations the contraband, along with information regarding the sender and addressee, shall be used as evidence. In these cases, the inmate will not be given a receipt for the contraband.

(d) Any cash, money orders, or cashier's checks found in inmate mail shall be credited to the inmate's trust fund account, with a receipt to the inmate. It shall be the inmate's responsibility to notify the sender that money was received. Money or other forms of exchange that are concealed and not readily seen by the mail handler will be considered contraband and will be confiscated. Money shall be receipted and submitted to Correctional Industries for deposit to the Correctional Industries Betterment Account.

(e) Incoming mail with stickers, stamps or other articles affixed, other

than postage stamps, that can be used to conceal drugs/contraband

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will be refused and returned to the sender. (3) Incoming mail will be delivered per the following:

(a) First class - processed within 24 hours of receipt.

(b) Second class (newspapers) - processed within 24 hours of receipt.

(c) Magazines and third class (circulars, booklets, catalogs) - will be processed when time permits but in no case will they be held longer than 48 hours from time of receipt.

(4) Incoming and outgoing mail will be processed Monday through Friday, excluding legal holidays and weekends.

B. Privileged Mail (1) The following are considered privileged correspondence sources:

(a) President

(b) Governor

(c) Attorney General - State and Federal

(d) Members of the Legislature and Congress.

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(e) Courts

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(f) Attorneys of Record, or those in official attorney-client relationships (name and address of the attorney must be on the envelope).

(g) Legal Assistance Agencies

(h) Board of Correction Members

(i) Parole Authorities

(j) Director of the Department of Corrections

(k) Facility Heads

(1) Civil Rights Division of the Department of Justice

(2) All outgoing mail to privileged correspondents will be sealed in enve-

lopes. A notation must be made on the envelope that the mail is

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"privileged". The name of the inmate, addressee and date sent shall be logged.

(3) Incoming privileged mail will be logged by the mail handler indicating the name of the sender, the inmate and date received and opened only in the presence of the inmate. It should be clearly marked "privileged or legal mail" to avoid accidental opening.

(a) Should privileged mail be opened accidentally, it should be resealed with tape and a notation made on the envelope, "opened in error," initialed by the mail handler and logged.

(b) Privileged mail will be distributed by individuals designated by each facility's procedure who will open the mail only in the presence of the inmate to check for contraband and/or money. Money and contraband shall be submitted to the mail handler for proper receipting and/or handling. Contraband will be siezed and forwarded for appropriate handling.

(4) Inmate law clerks may not send privileged mail out for other inmates under the law clerk's name. If work is being done by law clerks for other inmates and the work must be mailed out, the envelope must clearly identify in the return address for whom the work was done not by whom it was done. If the inmate has funds, he will then be required to sign a draw slip for postage before material will be mailed.

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C. Forwarding Mail
All institutions and community work centers should keep on file the forwarding address of inmates released or transferred to another institution or CWC. It is the inmate's responsibility to notify the facility mail handler and/or the U. S. Post Office of their forwarding address.
(1) First class mail and packages that are not forwardable shall be returned to sender. All other mai.l shall be returned to the Post Office.
Inmates may use the department's grievance process to appeal any actions relating to mail regulations and processing. Actions are grievable only where there has been a violation of policy and procedure.
Any exceptions to this operations memorandum shall require written approval from the Director.
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i DEPARTMENT

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SECTION NUMBER: 320 SUBJECT:

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CONTROL OF INMATE PERSONAL PROPERTY

Policy of the Department of Corrections: It is the policy of the Idaho Board of Correction to provide to facTTTty heads and inmates a comprehensive list of personal property authorized for each custody level within Idaho correctional facilities. (See Attachment A )
Discussion: Prior to the issuance of this Policy and Procedure there were no uniform statewide guidelines or standards for the amount of inmate personal' and "ieqal procarty. Institutional overcrowding, fire hazards, security proolems, and sanitation •issues underlie the requirement that system-wide guidelines be established to assist in the management of inmate personal and legal property in living quarters and elsewhere in the Institution. The intent of this Policy and Procedure is to insure equal treatment of personal property in all Idaho facilities. At the same time these guidelines will assist in providing a safe environment for staff and inmates.
Reference: American Correctional Association Adult Correctional Institutions', 2nd Edition 2-4261.
Procedures: 1. Limits of Inmate Personal Property.
a. The Idaho Department of Corrections will develop a list of authorized items that an. inmate may possess. This list will be available in all living areas and provided to inmates upon their initial assignment to a facility.
b. The facility will establish storage areas as needed for storage of inmate personal property. The amount of personal property allowed each inmate will be limited to those items which can be neatly and safely stored. Under no circumstances will any materials referred to in this Policy and Procedure be accumulated to the point where they become a fire, sanitation, security or housekeeping hazard.
2. Legal Materials
Inmates w i l l be allowed to maintain legal materials necessary for their legal actions. The allowable amount of legal material is two (2) cubic feet.
3. Personal Mail
The Department will limit personal mail to two (2) cubic feet.
4. Hobbycraft Materials
The facility shall develop procedures dealing with arts and crafts projects and the storage of such if such programs are permitted. If
(e) - personal property

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the facility permits storage of hobbycraft items in the cell living area, it shall be stored in such a way that they are secure and do not present a fire, sanitation, security or housekeeping hazard. Flammable and toxic materials are prohibited in the housing areas.

5. Inmate Transfer Between Institutions

When an inmate is transferred between institutions all personal sf-

fects and property including legal material will be inventoried.

Allowable property will be transferred with the inmate when he/she

is reassigned. The sending facility is responsible for disposing of

all property not allowed at reassigned facility or new custody level.

Personal property will be held for thirty (30) days and then if not

claimed it will be. declared abandoned property. Contraband or aban-

doned property will be stored for six (6) months and then destroyed or

turned over to the State. It is the inmate's responsibility to dispose

of personal property that is not allowed.

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6. Lost or Stolen Property

All inmates must report in writing within seventy-two (72) hours the loss or theft of property.

7. Escapes

a. All the property of the escaped inmate will be inventoried by the officer on duty at the time of the escape.

b. The escaped inmate's personal property will be considered abandoned. Abondoned property will be considered contraband.

8. Commissary

No direct mail order or catalog purchases are allowed by inmates. Outside vendors are prohibited.

Action: The Department will develop a list of authorized items permitted, in facilities. This information will be available in the facilities' rules and regulations, so that the inmates and staff can be familiar with the procedures. Additionally, the orientation program at the RDU center will address the question of inmate personal and legal property. Inmates are prohibited from lending or borrowing others' personal property. Lent or borrowed property will be considered contraband to both parties. Transfer of personal property between inmates is prohibited.

ATTACHMENT A
O
ITEM

CUSTODY LEVEL

I DETENTION/IN TRANS I"

RDU ENTRY

ADM INISFRATIVE SEGREGATION DEATH ROW
MAXIMUM
CLOSE

SEX F M

MEDIUM MINIMUM COMMUNITY

1. State may issue (l~pair of shoes or

boots, 3 shirts, 3 pair of pants,

3 sets of underwear, 2 sheets, 2

blankets, 1 nillow case)

2. One (1) Wedding Band

X

X

X

3. One (1) Religious Medallion & Chain

XX

X

X

4. Protheses as prescribed

XX

X

X

5. Mail Received While^on Detention

X

,6. Two (2) Cubic Feet of Legal Material
o One (1) Religious Book 8. One (1) Non-Religious Book

XX

X

X

XX

X

X

X

9. Prescription Glasses

XX

10. Five (5) Pictures No Larger Than

X

5" X 8"

11. Six (6) Cubic Feet of Personal and

XX

leaal proDerty excludina TVs, radios,

fans and auitars where authorized.

12. One (1) Pair of Boots or Shoes

XX

X

X

13. Twenty (20) Postage Stamps 14. Shower Thonas 15. Stationery*

XX

X

X

XX

XX

X

XX

XX

X

XX

16. Wrist Watch not to Exceed $35 in value*! X I X

X

XX

. One (1) AM/FM Radio*

X

XX

* Institution inmates must purchase this item through the commissary.

ATTACHMENT A Page 2
c
ITEM 17. One (1) AM/FM Radio*

CUSTODY LEVEL

I DETENTION IN TRANSIT

RDU ENTRY

ADMINISTRATIVE SEGREGATION

DEATH ROW

|MAXIMUM CLOSE

SEX F M

MED IDM MINI MUM COMMUNITY

XXXXX

18. Non-Electric Curlers*

XXXXX

19'. Ten (10) Pictures No Larger Than

5" X 8"

20. Twenty (20) Pictures No Larger Than

X X

XXXXX

5" X 8"

21. Ten (10) Books or Magazines

XXXX

22. Two (2) Pair Thermal Winter Underwear WHERE ALLOWED:
23. One (1) Television Receiver, Solid

X I X

State, 12" Screen, 60 Watt Maximum* |
WHERE ALLOWED: 24. 0ne-(l) Electric Fan* (13" Maximum

XXXX XXXX
XXXX

and plastic blades)

25. Gym Clothes* (White or navy—1 pair

XXXX

of shorts, 1 top, 1 pair o f shoes,

1 athletic supporter, 1 sweat suit)

26. One (.1) Photo Album

XXXX

27. Ten (10) Personal Books

XXXX

28. Ten (10) Personal Maaazines

X •x X X

29. One (1) Set of Headphones*

XXXX

30. One (1) Ceramic Coffee Mug
wnere allowed:
31. One (1) Approved Hobby Craft Project

XXXX XXXX

32. One (1) Bathrobe*

XXX

V_ . One (1) Pair of Slippers*

XXX

*_ Institution inmates must purchase this item through the commissary

ATTACHMENT A Page 3
o
ITEM 34. One (1) Chess Set*35. One (1) Deck Playing Cards* 36, Two (2) Jiqsaw Puzzles* 37. One (1\ Belt*
WHERE ALLOWED: 38. One (1) Harmonica (8" Length Max)*
Where a!lowed: 39. One (1) Guitar 8 Case (Non-Electric
With $125 Maximum Value)* 40. One (1) Ashtray* 41. One (1) Blanket*
One (1) Cribbage Set* 43. One (1) Throw Rug* 15 sq. ft. Max. 44. One (1) Sweater 45. Two (2) Pair of Boots or Shoes 46. One (1) Toilet Kit* 47. Five (5) Pair of Undershorts* 48. Five (5) Pair of Underpanties* 49. Five (5) Undershirts* 50. Five (5) Bras* 51. Five (5) Pair of Socks* 52. One (1) Wallet*
53. Two (2) Pillow Cases*
54. Two (2) Pair of Bed Sheets* Two (2) Wash Cloths*
* Institution inmates must purchase this item through the commissary

CUSTODY LEVEL

SEX F M

DETENTION IN TRANSIT
IRDU ENTRY ADM IN I STRATIVE SEGREGATION DEATH ROW MAXIMUM CLOSE MED I 11M
MIN MUM COMMUNITY

XX

XXX

XX

XXX

XX

XXX

X

X1 X

X

x"! x

X

XX XX XX XX XX XX XX
X X
X
X XX XX
XX XX
XX

X X XX XXX XXX
XX XX XX XX XX
XX XX XX XX XX

ATTACHMENT A Page 4
o

ITEM

56. Two (2) Bath or Har>d Towels* 57. One (1) Smokinq Pipe*

58. One (1) Cli Dboard*

59. Six (6) Handkerchiefs*

60. Approved Job Essential Items

61. Two (2) Neck Ties or Scarves

62. One (1) Hair Blow Dryer*

63. One (1) Hair Curling Iron*

64. One (1) Electric Iron*

/^. One (1) Buckle Not to Exceed 2 1/2" X

3 1/2"*

66. Two (2) Casual or Dress Shirts

67. Two (2) Casual or Dress Blouses

68. Two (2) Pair of Trousers

69. Two (2) Skirts or Pair of Slacks

70. One (1) Heavy Winter Coat

71. One (1) Light Wind-Breaker*

72. One (1) Electric Razor*

WHERE ALLOWED:

x

73. One (1) Digital Alarm Clock Radio*

74. Gvm Clothes

CUSTODY LEVEL

DETENTION IN TRANSIT RDU ENTRY A DM INISTRAT IVE SEGREGATION iDEATH ROW MAXIMUM

SEX
FM

CLOSE
MEDIUM
MINI MUM COMMUNITY

X 1X

XX

X 1X

XX

X 1x
1
XX

XX XA

XX
•
XX
XX

XA X X

X

X

XX

X

XX

XX

X X
V
X XX XX XX

XX XX XX XX XX XX XX XX
X

* Institution inmates must purchase this item through the commissary

DEPARTMENT
OF CORRECTIONS

VI. INSTITUTIONAL PROGRAMS AND ACTIVITIES

SECTION NUMBER:

PAGE NUMBER:

POLICY AND PROCEDURE

604 SUBJECT:

1 of 2

MANUAL

Visiting Inmates

Policy of the Department
The Department encourages inmate communication with family, friends and relatives through visits to the institution.
Procedure
1. The following rules and procedures shall be observed by the institutions in the administration of vi sits.
A suitable area within the institution must be provided for inmate visitation. All visits shall be held in this area, except when authorization is granted by the Administrator.
Each -inmate shall make a list of friends and relatives he wishes to visit, taking into consideration each institution's or facility's rules and regulations. Potential visitors shal 1 be furnished copies of institutional visiting rules and regulations.
1. Potential visitors who violate the regulations or refuse to be searched may result in cancellation of visiting privileges.
2. Institutions shall conduct investigations to confirm that good reasons exist for approving visitations.
3. Proposed visitors who are below a set age limit may not visit, unless they are members of the immediate family.
Regardless of any visiting list restrictions, visitation is permitted inmate's attorney of record or clergy, unless any clear abuse of this privilege has occurred or unless such a visit may prove dangerous or harmful to the security and order of the institutional facilities or to the rehabilitation of any inmate.
The institutional facilities and inmates may be visited at any time by members of the State Legislature, Judges of State and federal courts, the State Attorney General, or the Governor.
Those individuals requesting visits with an inmate who are not designated on the list shall be interviewed and identified by authorized personnel. If the requested visits conform to institutional and Departmental requirements, one (1) visit may be approved pending further investigation and approval of subsequent visits.
(f) - visiting

DEPARTMENT
OF CORRECTIONS

VI. INSTITUTIONAL PROGRAMS AND ACTIVITIES

SECTION NUMBER:

PAGE NUMBER:

POLICY AND PROCEDURE MANUAL

604 SUBJECT: V i s i t i n g Inmates

'2 of 2

Ex-inmates are p r o h i b i t e d v i s i t a t i o n unless approval i s given by t h e i n s t i t u t i o n ' s A d m i n i s t r a t o r . Parolees and p r o b a t i o n e r s must be approved by t h e
Administrator and have written authorization from t h e i r supervising probation or parole officer prior to v i s i t a t i o n .
Visitors in the institution shall:
1. Wear appropriate attire.
2. Not give or receive any written material, article or merchandise of any sort except in accordance with approved institutional or Departmental regulations.
3. Not be permitted to visit more than one (1) inmate at any one visitation time unless the visitor is a member of the immediate family of more than one inmate confined in the institution; other exceptions tc this regulation are at the institutional Administrator's discretion^
4. Signed in prior to and after the visitation.
5. Be subject to search, photographing or fingerprinting.
6. Be restricted in visitation rights if institutional disturbances occur
Designated personnel shall be present during all visitations, and shall s1 vise visits to the extent appropriate to the nature and privacy of the . tionship between the visitor and inmate.

DEPARTMENT .OF
CORRECTIONS

III. INMATE MANAGEMENT SECTION NUMBER:

PAGE NUMBER:

POLICY AND PROCEDURE MANUAL

303 SUBJECT:

1 of 2

Classification Levels of Custody

Policy of the Department
The institutions and facilities will maintain classification procedures for assessing the needs of inmates to ensure their progression toward fulfillment of the Department's rehabilitative goal while protecting the community utilizing the least restrictive means possible.
Procedure
1. There are four levels of classification to which an inmate is assigned during his period of incarceration. At I.S.C.I., there are also degrees within each level. Each level and/or degree of custodial classification indicates the type of housing, the area of assignment or activity, and the kind of supervision for maintaining control of each inmate. The custody exercised over an inmate may be greater, but shall not be less, than that prescribed in the definition of the level of degree of custody.
a. Close Custody applies to those inmates whose behavior and attitude, both past and present, indicate that active efforts will be made to escape and violence will be used in doing so. This classification may include inmates returned to the institution or entering I. S.C.I, for the first time.
Inmates will be placed in this classification status as they begin their individualized program. While in this status, an inmate must complete those tasks applicable to the status as predetermined and agreed upon by the inmate and the institution staff.
b. Medium Custody applies to those inmates whose behavior and attitude, both past and present, indicate that they will not make active efforts to escape, but might escape if it were made easy, probably not using violence. Inmates in this status continue to work toward the completion of those goals previously established and agreed upon.
c. Minimum Custody applies to those inmates whose behavior and attitude, both past and present, indicate that they are prepared to serve their sentence, unlikely to walk away from an open institution, and unlikely to use any type of violence in escape.
This status will apply to those inmates who are approaching satisfactory completion of their rehabilitation plan and to inmates considered ready and eligible for work release programs.

(g) - classification

DEPARTMENT OF
CORRECTIONS

III. INMATE MANAGEMENT SECTION NUMBER;

PAGE NUMBER:

POLICY AND 303

2 of 2

PROCEDURE MANUAL

SUBJECT:
Classification Levels of Custody

d. Maximum Custody is a level of custody into which an inmate may be classified as the result of a determination that he presents a substantial risk to the security or order of the i n s t i t u t i o n , the safety of himself/herself or others, and therefore, requires separation from the general i n s t i t u t i o n population and s t r i c t supervision in a highly structured, controlled s e t t i n g .

C

IDAHO nEPARTMENT OF CORRECTIONS
USER MANUAL FOR
INMATE CUSTODY CLASSIFICATION

April 1984

A. I. MURPHY DIRECTOR

i

I

1

I

1

DEPARTMENT OF CORRECTIONS

9

USER MANUAL

I

FOR

INMATE CUSTOOY CLASSIFICATION

This project was developed under Grant Number FK-4, awarded to the Idaho Department of Corrections, Boise, Idaho, by the U. S. Department of Justice, National Institute of Corrections, Washington, D. C.
Points of view or opinions stated in this manual are those of the Idaho Department of Corrections and do not necessarily represent the official position or policies of the U. S. Department of Justice, National Institute of Corrections.

This manual was prepared by the sub-committee on inmate classification:

Bona Miller, Chairperson

Arvon Arave

George Bernick

Dennis Bodily

Dave Paskett

3

Lyle Claflin Tom Lee

1

1

Effective Date April 1984

1

TABLE OF CONTENTS
INTRODUCTION. ."*. INITIAL CLASSIFICATION SCORE SHEET
Section I - Sentencing Information Section II - History /Behavior Section III - Combined Total Score Section IV - Custody Level Section V - General Custody Level Section VI - Exceptions Section VIII - Authorizations Reverse Side of Original Score Sheet RECLASSIFICATION SCORE SHEET Section I - Crime Information Section II - Institutional Adjustment Section III - Combined Total Scores Section IV - Custody Level Scoring Section V - General Custody Levels Section VI - Exceptions Section VIII - Authorizations Reverse Side of Original Score Sheet POLICY ON INMATE CLASSIFICATION AND CASE MANAGEMENT

PAGE NO. 1 5 7 8 10 10 10 10
11 11 15 17 17 19 20 20 20 21 22 25

in

DEPARTMENT OF
CORRECTIONS

POLICY AND PROCEDURE MANUAL

SECTION NUMBER: 318

PAGE NUMBER: 1 of 10

SUBJECT:

ADOPT 10-1-83

Disciplinary Procedures Including Levels c Allowable Punishments & Reporting Procedure

Policy of the Department of Corrections: It is the policy of the Idaho Board of Cor-
rection that the Idano Department of Corrections shall promulgate rules of conduct for incarcerated inmates and procedures to insure the constitutional disposition for violations of such rules.

REFERENCE: Talmage and McKaughn vs. State of Idaho, #1790, 4th Judicial District

(1982)

:

Standards for Adult Correctional Institutions, Second Edition. Standards 2-4215, 2-4347, 2-4348, 2-4349, 2-4351 thru 2-2353, and 2-4356 thru 2-4368.

PROCEDURES: It shall be the responsibility of each facility head to insure that inmates confined in the facility under their control receive equitable treatment and due process protection when alleged to have violated the facility's rules of conduct. Any time it is necessary to extend the time limits set forth in this operations memorandum, the inmate shall receive written notification of the extension prior to its imposition. Attachment A of this operations memorandum defines all rule violations and specifies the allowable range of sanctions authorized by the Idaho Department of Corrections for each offense. Compliance with the following procedures is necessary to insure the consistent and constitutional application of disciplinary sanctions. The written rules, range of sanctions, and disciplinary procedures shall be reviewed at least annually and updated as necessary.

GENERAL CONSIDERATIONS:

A. Selecting and Training Investigation Officers and Disciplinary Hearing Officer.

1. The facility head is responsible for designating investigating officers at each facility
2. All investigating officers and Hearing officers shall have completed a specialized training program prescribed and approved by the Departmental Hearing Officer. The supervisor training shall include procedures for handling confidential information.

3. After successful completion of the approved Department training program, hearing and investigating officers shall conduct training sessions at the facility level for personnel who work with inmates. This training must be continuous on an in-service basis.

(h) - discipline

DEPARTMENT
OF

SECTION NUMBER:

PAGE NUMBER:

CORRECTIONS

POLICY AND

318

2 o f 10

c

PROCEDURE MANUAL

SUBJECT:

ADOPTED: 10-1-83

Disciplinary Procedures Including Levels of

Allowable Punishments & Reporting Procedure?

B. Determinfng Reliability of Confidential Witnesses

1. If confidential witness testimony constitutes a portion of the investigative report, the investigating officer must prepare written evaluation of the witness1 reliability and why they should remain confidential.

2. The testimony of confidential witnesses must be written or tape recorded

and must state the facts as submitted by the witness or the investigator

and the manner in which knowledge of those facts was acquired.

• •

•

3. The evidence regarding reliability must be attached to the confidential witness' sealed testimony and submitted with the investigative report to the Hearing Officer.

4. Prior to opening and reviewing the confidential witness' sealed testimony,

the Hearing Officer shall review the evidence as to the reliability of the

confidential witness and determine whether they will consider the confi-

c

dential testimony.

5. For^the taped record, when the disciplinary hearing convenes, the hearing

officer shall state that he will be considering confidential testimony.

The hearing officer must give written reasons why and independently veri-

fy the credibility of the confidential and anonymous information.

C. Using Confidential Information

If confidential witness testimony is admitted in a disciplinary hearing the anonymity of the confidential witness shall be maintained. When reviewing confidential testimony, the Hearing Officer shall have the inmate and representative leave the room during the period of deliberation and the tape recorder will be turned off. When the inmate and representative return to the room, the Hearing Officer shall read into the record a brief summary of the confidential testimony if doing so would not jeopardize the anonymity of the confidential witness.

D. Definition of Terms

1. Staff member. As used in this operations memorandum, staff member refers to any paid Department of Corrections' employee, volunteers, employees associated with any contract facility, vo-tech employees, and anyone else who works with inmates and is subject to be in a position to observe an inmate violating DOC rules.

DEPARTMENT OF
CORRECTIONS

POLICY AND PROCEDURE MANUAL

SECTION NUMBER: 318

PAGE NUMBER: 3 of 10

SUBJECT:

ADOPTED: 10-1-83

Disciplinary Procedures Including Levels cf Allowable Punishments & Reporting Procedures

2. Prehearing detention. The removal of an inmate from the general population pending a disciplinary hearing i f deemed to be a threat to the security of the facility.

E. Staff Representatives and Their Responsibilities

1, Representatives or inmate representation shall always be appointed where, in the opinion of the investigating o f f i c e r , and where the inmate so des i r e s , there is an i n a b i l i t y for the charged inmate to gather evidence, where the inmate is incompetent of making a defense, or where an interpreter is required, or where confidential information is being considered. An inmate may waive staff representation except when a ruling of incompetency has been made.

2. The f a c i l i t y head shall designate a pool of f a c i l i t y personnel who shall assist inmates on an available basis.

3. It shall be the responsibility of the representative to assist the inmate in preparing and presenting his defense.

a.

The representative shall consult with the inmate to insure that he understands the charge against him and the potential consequences. If

the inmate plans to plead guilty, the representative shall explain the

ramifications of such a plea to insure the inmate fully understands the

consequences of a guilty plea.

b. The representative shall assist the inmate in determining the witnesses and evidence to be requested in the inmate's behalf.

c.

The representative shall plinary hearing, except

be present throughout the course of the discifor any period of deliberation, to make or

assure that a fair presentation of the inmate's evidence is made.

4. In cases in which the assigned representative can demonstrate an inability to perform in such capacity or demonstrates a direct conflict of interest, he shall submit a written request to the facility head to beexcused from such duties. Persons shall not serve as staff representative in a case if
they had involvement.

In the event the inmate chooses to no longer have the assistance of the assigned representative, he must formally waive any assistance in writing or on the record. If, in the judgment of the hearing officer, the inmate is unable to knowingly and intelligently waive such assistance, the hearing officer head shall take appropriate action to provide assistance.

DEPARTMENT

SECTION NUMBER:

PAGE NUMBER:

OF

c

CORRECTIONS

POLICY AND PROCEDURE

318 SUBJECT:

4 of 10 ADOPTED: 10-1-83

MANUAL

Disciplinary Procedures Including Levels 01

Allowable Punishments & Reporting Procedun

THE DISCIPLINARY PROCEDURES PROCESS:

A. Correctional F a c i l i t y Involvement

1. Offense Report

a. Upon the reasonable b e l i e f of a s t a f f member that a v i o l a t i o n of rules has been committed, which cannot be handled i n f o r m a l l y , such person shall f i l e a w r i t t e n off-ense report w i t h the s h i f t supervisor, or u n i t manager where a p p l i c a b l e . Should physical evidence c o n s t i t u t e a port i o n of the alleged v i o l a t i o n , such evidence shall be c o n f i s c a t e d , labeled and secured i n the f a c i l i t y ' s designated area. I f such e v i dence i s too voluminous to be r e a d i l y confiscated and secured, i t may be photographed and described i n i t s o r i g i n a l s t a t e . A sample shall. ' be r e t a i n e d . A l l such physical evidence s h a l l then be labeled and secured.

C

b. The s h i f t supervisor or u n i t manager shall review the offense report for completeness, correctness of charge, l e g i b i l i t y and comprehensi-

bility.

i . I f necessary, the s h i f t supervisor or unit manager may require that the offense report be corrected w i t h i n 24 hours of his r e c e i p t .

i i . The s h i f t supervisor or u n i t manager may dispose of the offense report informally through a verbal warning to the affected inmate. In such case, the report shall be forwarded to the f a c i l i t y head to be logged in the f a c i l i t y ' s separate d i s c i p l i n a r y f i l e .

i i i . Informal handling of offenses can only be done on "D" offenses.

c. I f the s h i f t supervisor or unit manager approves an offense r e p o r t , a designated employee shall normally serve the report to the inmate within twenty-four (24) hours of completion of the report. Completion is defined as the date and time the report is submitted to the s h i f t supervisor or unit manager.

i . In some cases, the inmate w i l l be unable to receive a copy of the

: •

offense report within the twenty-four (24) hour time l i m i t , e . g .

escape, serious disturbance. Any exceptions must be documented i n

w r i t i n g and attached to the completed offense report upon i t s

submission. The offense report must be provided to the inmate

within twenty-four (24) hours a f t e r a v a i l a b i l i t y occurs.

DEPARTMENT OF
CORRECTIONS

POLICY AND PROCEDURE MANUAL

SECTION NUMBER: 318
SUBJECT:

PAGE NUMBER: 5 o f 10
ADOPTED: 10-1-83

Disciplinary Procedures Including Levels of Allowable Punishments & Reporting Procedures

ii. Should a facility emergency occur which would preclude service of the offense report within the required 24-hour period, service shall be accomplished as soon as reasonably possible and such exception shall be documented in writing and attached to the completed offense report.

d. Upon delivery of the offense report to the inmate, the designated employee shall insure that date and time of delivery is completed. At this time, the inmate may waive his right to a disciplinary hearing by signing the appropriate sectin on the offense report.

e. The shift supervisor, unit manager or designee shall also insure that any offense report which is not handled informally is delivered to the the facility head, or Hearing Officer for review and further disposition.

2. Use of Prehearing Detention

C

a. The inmate shall not be placed in prehearing detention unless the in-

mate1s continued presence in the general population poses a threat to

facility security. Placement in prehearing detention may only occur

with the authorization of the shift supervisor or higher rankina

security officer. The need for such action shall be documented—iff

writing by the shift supervisor, utilizing the "Restrictive Housing"

form, at the time of placement. An inmate shall not be keai^in pre-

hearing detention in excass of 96 hours (excluding wee&errflT and holi-

days) unless unusual circumstances exist which are documented by the

facility head. Any prehearing detention in excess of 96 hours shall

be reported to the Director.

b. If the inmate requires transfer to a different facility for prehearing detention, the originating (sending) facility will initially effect
the transfer through agreement between the originating and receiving
facility.

c.

The investigation of the alleged of the originating facility.

offense

remains the

responsibi1i ty

d. Reports regarding the length of time the inmate is held in prehearing detention are the responsibility of the receiving facility.

v

DEPARTMENT OF
XORRECTIONS
/fP§l^. •rfM||i .

POLICY AMD
PROCEDURE MANUAL

SECTION NUMBER: 318 SUBJECT:

PAGE NUMBER: 6 o f 10
ADOPTED: 10-1-83

Disciplinary Procedures Including Levels oi Allowable Punishments & Reporting Procedures

3. Disciplinary Hearings

a. The facility head, or designee, shall schedule the disciplinary hearing and shall forward all reports to the Hearing Officer. The Hearing Officer shall insure that the Disciplinary Hearing is held within seventy-two (72) hours (excluding weekends and holidays) of the inmate's receipt of a copy of the offense report. Disciplinary hearing postponement or continuance may be granted for a reasonable period of time for good, cause; such as illness or unavailability of the inmate, need for further investigation of factual matters relevant to the hearing, or pending criminal court prosecution. Any delay in the conduct of this hearing shall be documented in writing and attached to the disciplinary action.

If the inmate waived his right to a full evidentiary hearing by the

Disciplinary Hearing Officer, and no investigation is required, the

c

Offense Report shall be forwarded directly to the Hearing Officer by the facility head or designee for disposition and imposition of sanctions. If, in the__opinion_ of the facVjj'ty head or designee, an

jnvestigatioh is warrante?v it shall__b_g_conducted and the__report inust_ ^accompany the Orfe"nse~^ep_o£t.

The disciplinary hearing shall be conducted by an impartial hearing officer, designated by the facility head or designee.

i. The Hearing Officer shall have satisfactorily completed a training program prescribed and approved by the Department.

ii. Any staff member who has direct involvement with the offense may not sit as Hearing Officer. The following activities constitute direct involvement:

aa. Witnessed the offense or circumstances directly related to the offense

bb. Wrote up the offense

cc. Investigated the offense

dd. Was the assigned shift supervisor when offense occurred

ee. Engaged in other similar activities which would compromise their ability to function objectively

•DEPARTMENT OF
•CORRECTIONS

POLICY AlMD PROCEDURE MANUAL

SECTION NUMBER: 318 SUBJECT:

PAGE NUMBER: 7 o f 10
ADOPTED: 10-1-83

Disciplinary Procedures Including Levels 01 Allowable Punishments & Reporting Procedure;

The inmate shall be present throughout the disciplinary hearing with the exception of the period of deliberation and when confidential
information is presented.

Should the behavior of the inmate warrant removal from the disciplinary hearing, such removal shall be documented in writing.

ii. If the inmate refuses to attend the disciplinary hearing, it shall be noted and the hearing may proceed.

Excluding any period of deliberation, and per confidentiality guide-

lines, all A through C disciplinary hearings shall be tape recorded.

The tape recording shall be the official record of the disciplinary

hearing. Tapes shall be maintained by the Department for a period of

180 days from the date of completion of the review process. Except

c

when required for Administrative review, the tapes shall be maintained at the facility.

Upon commencement of the disciplinary hearing, the Hearing Officer shall ask the offender for a plea of guilty or not guilty. The Hearing Officer shall inform the inmate that a guilty plea waives the appeal rights to the Director.

The Hearing Officer shall explain to the inmate that.a plea of guilty shall eliminate the opportunity of the case being reviewed by the Director. If the inmate wishes to file a grievance on any portion of the hearing process, he can only do so after completion of the appeal process except as it relates to time restrictions cited within this operations memorandum.

The Hearing Officer shall read the Offense Report, the Investigator's Report, all witness statements, and attachments into the record except as prohibited by the confidentiality guidelines.

The inmate shall be asked by the Hearing Officer to enter a plea of guilty or not guilty by marking the appropriate box and initialing the entry on the offense report. If the inmate refuses to initial, the officer shall write on the form that the inmate refused to sign.

h. The inmate shall be afforded the opportunity to make a statement to the Hearing Officer, present witness testimony, present statements and
other documentary evidence, -and be informed of the evidence against him (

DEPARTMENT OF
CORRECTIONS

POLICY AND PROCEDURE MANUAL

SECTION NUMBER: 318 SUBJECT:

PAGE NUMBER: 8 of 10
ADOPTED: 10-1-83

Disciplinary Procedures Including Levels oi Allowable Punishments & Reporting Procedure

except for confidential information. The inmate shall not have access to any confidential reports or be allowed to cross-examine any adverse witness. The inmate or his representative may question relevant witnesses called on the inmate's behalf.
Upon the completion of the statement of the inmate and questioning by the Hearing Officer, the inmate and his representative (if applicable) shall remove themselves from the disciplinary hearing during deliberation. The tape recorder, shall be turned off during this period. In making the decision, the Hearing Officer shall consider only evidence presented during the course of such hearing.
During deliberation the Hearing Officer shall only consider the evidence presented during the hearing when determining guilt or innocence. The Hearing Officer may consider the inmate's prior institutional record and the evidence presented during the hearing when determining punishments for an offense. The Hearing Officer is authorized to establish findings and punishment for any lesser included offense. Lesser included offenses ?,re those acts of a lesser class under the same heading and having the same numerical prefix as the instant offense.
When the deliberation is completed and has been recorded, the inmate and his representative (if applicable) shall return to the disciplinary heading and the tape recorder shall be turned on again if applicable. At this time, the inmate shall be informed of the finding of the Hearing Officer and the basis for such finding, and the punishment imposed if applicable. A copy of the report shall be given to the inmate.
i. Should there be a finding of not guilty, the Misconduct Report shall be forwarded to the facility head. "Not Guilty" material shall never be available to, or used by, any staff person or committee in the decision making•process concerning the inmate. No record of the misconduct report shall be made or filed in any individual inmate's record, either manual or automated. All lost earned credits resulting from the disciplinary process shall be restored.
ii. Should there be a finding of guilty or guilty to a lesser included offense, the inmate shall be informed of the reasons for such finding and the punishment imposed.

DEPARTMENT

SECTION NUMBER:

PAGE NUMBER:

OF

c

CORRECTIONS

POLICY AND PROCEDURE

318 SUBJECT:

9 of 10 ADOPTED: 10-1-83

MANUAL

Disciplinary Procedures Including Levels o Allowable Punishments & Reporting Procedure

aa. The punishment imposed shall be no more than three (3) punishments within the allowable range of punishments as listed in Attachment A.

bb. The allowable punishment may be suspended by the Hearing Officer for a specified period not to exceed 90 days. If the inmate is convicted of any rule infraction while on suspended punishment, the punishment shall be revoked to run consecutive to., the new punishment. A revoked suspended punishment shall not be viewed as one of the possible three punishments for the new offense.

iii. Subsequent administrative action by the Facility Classification

Committee or other authority shall not be construed as additional

punishment. If the conviction for an offense affects the in-

mate's security level, the inmate will be considered by the Classi-

fication Committee for proper reclassification.

C

Within 24 hours pf the conclusion of the disciplinary hearing, exclud-

ing weekends and holidays, the report shall be forwarded to the facil-

ity head for review, The facility head shall take one of the following

three actions:

i. Affirm - the facility head agrees with the actions of the Hearing Officer.

ii. Dismiss - the facility head disagrees with the actions of the Hearing Officer and dismisses the Misconduct Report.

iii. Modify - the facility head modifies the action of the Hearing Officer.

aa. The facility head may suspend the punishment; reduce the amount of lost earned credits, restitution, or detention, or modify the punishment to extra work duty, restriction, reprimand, or order a re-hearing of the case. A modification cannot exceed, in time, the number of days of the original punishment. The facility head can not increase the punishment.

bb. Should the modification render the Misconduct Report ineligible for appeal by the Director and the inmate has requested such a hearing, it shall be so noted on the Discipi inary Report.

DEPARTMENT OF
CORRECTIONS

PCUCY AMD PROCEDURE MANUAL

SECTION NUMBER: 318 SUBJECT:

PAGE NUMBER: 10 of 10 ADOPTED: 10-1-83

Disciplinary Procedures Including Levels ot Allowable Punishments & Reporting Procedures

m. The original of the Misconduct Report shall be forwarded to the facility's records office for inclusion in the inmate's manual and automated record.
B. Provisions To Handle Cases Where A Detention Unit Sanction Is Imposed
1. If the inmate requires reclassification within the guidelines established, the following procedures shall be used to effect the reclassification action:
a. If the inmate is to serve disciplinary time at the facility where prehearing detention was provided, the receiving facility shall conduct the classification hering following the disciplinary hearing.
2. Where the inmate is to serve DU time at another facility, upon completion of the sentence (absent a classification action recommending higher security), the inmate shall be returned to the originating facility where the infraction occurred in a manner consistent with the Department's classification and transfer procedures.
C. Appeal Process
1. After the inmate has been informed of the punishment imposed by the Hearing Officer, he may request a review by the Director if the following cri t e n a are met:
a. There was a finding of guilty when a plea of not guilty was entered and,
b. The punishment imposed was at least one of the following:
i. Disciplinary Unit (even if suspended)
ii. Loss of Earned Credits (even if suspended)
2. The inmate may appeal the Hearing Officer's decision to the Director when the above conditions are met. Appeal must be made within 15 days of the finding of guilty. The appeal will be decided within 30 days of receipt by the Director.
3. The inmate may appeal the Misconduct Report or the actions of the Hearing Officer through the established grievance procedure should he not qualify for a Director's Review. Any .exceptions to this operations memorandum shall require prior written approval from the Director-.

Attachment A

c

(1 of 7)

ACTS CONSTITUTING RULE VIOLATIONS*

GROUP DISRUPTION

CLASS O.F
OFFENSE

Ol-A. Banding together without administrative approval for purpose of demonstration, work stoppage, hunger strike, etc.

01-B. Taking over a part of the physical plant.

A

01-C. Participation by two or more in a course of dis-

A

orderly conduct: (a) with purpose to commit or facili-

tate commission of a felony or misdemeanor; or (b) with

purpose to prevent or coerce official action; or (c)

when the actor or any other participant to the know-

ledge of the actor uses or plans to use a firearm or

other deadly weapon.

01-D. Involvement in writing, circulating or signing a petition that poses a threat to the security of the facility.

INDIVIDUAL DISRUPTIVE BEHAVIOR

02-A. Aiding and abetting in the commission of any rule violation.

02-B. Under the influence of and/or any use of illegal drugs, alcohol, intoxicating chemicals or any medication in an unauthorized manner.

02-C.

Monetary misconduct - Entering into contractual agreements requiring time payments/receiving salary/wage advances/entering into other contractual agreements/ failure to turn in all paychecks/mor.ey received.

02-D.

Employment misconduct - Quitting job without prior
approval/getting fired for misconduct on job, tardiness or shirking of duties/failure to notify staff/ employer when too ill to work.

02-E. Unauthorized use of mail or telephone, to include passing unauthorized messages.

*The third infraction of the same rule violation within six months is justification for increasing the imposed sanction to a sanction classified in the next higher class of offense.

Attachment A

r

(2 of 7)

ACTS CONSTITUTING RULE VIOLATIONS*

CLASS OF
OFFENSE

02-F. Unauthorized contacts with public

D

02-G. Correspondence/conduct with visitor in violation of

D

posted regulations, excluding sexual activity.

02-H. Running from or resisting apprehension within facility.

A

02-1. Interferring with taking of count.

C

02-J. Tattooing/self-mutiliation.

C

02-K. Failure to keep one's self/quarters in accordance

0

with posted regulations.

02-L. Failing to stand count.

D

02-M. Bucking an inmate line.

D

c

0.2-N. Not having proper I.D.

D

02-0. Tampering with or blocking any lock or locking device.

PRESENT IN UNAUTHORIZED AREA

03-A. Outside defined boundaries within facility as defined by facility.

03-B. Outside living quarters after designated hours.

C

03-C. Failure to follow sign-in/sign-out procedures.

D

03-D. Unexcused absence from work/school assignment.

C

03-E. Unauthorized presence in another's cell/living quarters.

C

BATTERY

04-A. Killing another person(s).

A

04-3. Participating in activity that directly results in the

A

intentional death of another person(s).

*The t h i r d i n f r a c t i o n of the same r u l e v i o l a t i o n w i t h i n s i x months i s j u s t i f i c a -

fiigner°clissrorSo??ensl.impOSed

sanction t0 a sanction classified in the next

Attachment A

c

(3 of 7)

ACTS CONSTITUTING RULE VIOLATIONS*

CLASS OF
OFFENSE

04-C. Battery of another person.

A

04-D. Participating in activity that directly results in the

A

intentional injury of another person(s).

04-E. Rape or forcible sexual act.

A

04-F. Kidnapping another person.

A

'MENACING

05-A. Seizing another person as hostage.

A

05-B. Threats of bodily harm or death to another person.

B

05-C. Assault - any willful attempt or threat to inflict

A

injury upon the person of another, when coupled with

c

apparent present ability to do so, and any intentional display of force such as would give the victim reason

to fear or expect immediate bodily harm.

05-D. Making sexual threats to another person.

EXTORTION

.06-A. Demanding/receiving money or favors or anything of value in return for protection against others, to avoid bodily harm, or under threat of informing.

THEFT

07-A. Unauthorized use of State property/supplies.**

07-B. Breaking into another person's room/locker.**

07-C. Forgery of any type.**

C

07-D. Taking of property. (Value $25 or over)**

C

07-E. Taking of property. (Value under $25)**

0

*The third infraction of the same rule violation within six months is justification for increasing the imposed sanction to a sanction classified i'n the next higher class of offense.
**See Page 7 of Attachment A - Allowable Sanctions

Attachment A (4 of 7)

ACTS CONSTITUTING RULE VIOLATIONS*

DESTRUCTION OF PROPERTY

08-A. Destruction of State Property.**

08-3. Destruction of property of another person.**

08-C. Setting a fire.**

08-D. Willful adulteration of any foods or drinks. 08-E. Mutilation or alteration of State clothing or linen.**

POSSESSION/MANUFACTURE OF CONTRABAND

09-A. Possession/introduction of any explosive, combustible substance or fireworks.

c

09-3. Possession/introduction of any gun, firearm, weapon ammunition, knife, sharpened instrument, unauthorized

tool.

>

09-C. Possession/introduction of any drug, narcotic, intoxicant, chemical, drug paraphernalia not prescribed by medical staff.

09-D. Possession of money or currency, unless-specifically authorized.

09-E. Possession of property belonging to another person.

09-F. Possession of clothing not authorized by facility.

09-G. Possession of staff uniforms.

09-H. Manufacture of intoxicants.

09-1. Counterfeiting, forging, or unauthorized reproductions of any document, article of identification, money, security, or official paper.

09-J. Possession of gambling paraphernalia not specifically authorized by the facility.

09-K. Possession of unauthorized identification.

**See Page 7 of Attachment A - Allowable Sanctions

CLASS OF
OFFENSE
C C A A D
A A
C D A A

Attachment A (5 of 7)

ACTS CONSTITUTING RULE VIOLATIONS^

SEXUAL ACTIVITY '

10-A. Engaging in sexual activity with another consenting person.

10-B. Making sexual proposals to another person.

10-C. Indecent exposure.

10-D. Beastiality.

DISRESPECT TO STAFF

11-A. Insolence to staff member.

11-B. Using abusive/obscene language to staff member or visitor.

11-C: Making profane/obscene gestures to staff member or visitor.

DISOBEDIENCE TO ORDERS

>

12-A. Failure to obey verbal and/or written order of staff member in a prompt manner.

FALSE STATEMENT

13-A. Lying to staff member.

13-B. Malingering, feigning an illness.

GAMBLING

14-A. Preparing or conducting a gambling operation.

14-3. Participating in games of chance for gain/profit.

BARTERING

15-A. The trading, selling, or loaning of property.

15-3. Attempting to give, giving, or receiving money or anything of value from any person as a bribe or inducement.

CLASS OF
OFFENSE C D
C B
C C A C C A

** See Page 7 of Attachment A - Allowable Sanctions

Attachment A
(6 of 7)
C
ACTS CONSTITUTING RULE VIOLATIONS*

CLASS OF
OFFENSE

ESCAPE

16-A. Successful escape from the custody of the Department

A

of Corrections.

16-B. Participating in any activity that aids or abets an escape.

A

16-C. Failure to return from any approved activity or pass at the

A

designated time.

16-D. Any attempt to escape from the custody of the Department

A

of Corrections.

c RANGE OF ALLOWABLE SANCTIONS Limit of Three Sanctions Per Class

Class A

1. Disci piinary JJnit 0-60 days 2. Loss of earned credits up to 365 days* 3. Loss of Designated Privileges 0-60 days*** 4. Restitution** 5. Extra duty up to 4 hours/day, not to exceed 60 days

Class B

1. Disciplinary Unit 0-30 2. Loss of Earned Credits 0-180* 3. Loss of Designated Privileges 1-30 days*** 4. Restitution** 5. Extra duty up to 4 hours/day, not to exceed 30 days. 6. Formal reprimand/warning.

Class C

1. Disciplinary Unit 0-15

2. Loss of Earned Credits 0-90*

3. Loss of Designated Privileges 0-15 days***

4. Restitution**

>

5. Extra duty up to 4 hours/day, not to exceed 15 days.

6. Formal reprimand/warning.

Class D

1. Loss of Designated Privileges 1-15 days*** 2. Restitution** 3. Extra duty up to 2 hours/day, not to exceed 5 days. 4. Formal reprimand/warning.

Attachment A (7 of 7)

*Not to exceed amount accrued.
**Restitution may only be imposed in special cases, and then only for the actual amount of the replacement value of the item destroyed.
***Designated privileges include T.V. radio, phone, commissary (except postage stamps), movement, visits (except attorney), pass/furlough eligibility.

DEPARTMENT OF
o CORRECTIONS

III. INMATE MANAGEMENT

SECTION NUMBER:

PAGE NUMBER:

POLICY" AMD

316

1 of 8

PROCEDURE

SUBJECT:

REVISED: 10-1-83

MANUAL

OFFENDER GRIEVANCE PROCESS

Policy of the Department
It is the policy of the Idaho Board of Correction that the Idaho Department of Corrections provide a process that enables each offender to resolve problems and find answers to questions concerning the operation of the Department as it relates to the offender. It is the purpose of this policy to provide a responsive offender grievance orccess whereby the offender will be able to address complaints concerning the Id3ho Deoartment of Corrections.
REFERENCES: Federal Register Vol. 46 No.190 — Part 40 — Standards for Offender Grievance Procedures dated October 1, 1981.
42 U.S.C. § 1983 42 U.S.C. § 1197e Order No. 957-81, 46 Federal Register 48186. October 1, 1981 Standards for Adult Correctional Institutions, 2d ed. Standard 2-4343 Standards for Adult Community Residential Services, 2d ed. Standard 2-2154 Standards for Adult Probation and Field Services, 2d ed. Standard 2-3163.
PROCEDURES: The Grievance procedure provides a legitimate method for the administrative settlement of offender grievances and guarantees the offender protection from reprisal.
1. General guidelines for the offender grievance process.
A. Definition of Terms
(1) Offender Grievance. A written complaint by an offender on the offender's own behalf, regarding the policy within a facility, a condition of a facility, medical or dental problem, an incident occurring within a facility, or problems incident to parole or probation supervision.
(2) Offender. For the purpose herein, the term shall be used to include offenders in institutions and community work centers, as well as probationers and parolees.
(3) Reviewing Authority. These terms are used herein to refer to wardens and superintendents for incarcerated offenders, and district' managers for probationers and parolees.
(4) Appellate Authority. This term is used herein to refer to the director of the Department of Corrections for incarcerated offenders and the administrator of the division of.Probation and Parole for probationers and parolees.
(i) - grievance system

o

DEPARTMENT OF
CORRECTIONS

I I I . INMATE MANAGEMENT

SECTION NUMBER:

PAGE NUMBER:

•POLJCY AND

316

2 of 8

PROCEDURE

SUBJECT:

REVISED: 10-1-83

MANUAL

OFFENDER GRIEVANCE PROCESS

B. Applicability of the Grievance Procedures

(1) Unless otherwise specified, the offender grievance procedure may be used to address complaints by offenders regarding all policies, conditions of confinement, actions by employees and other offenders and incidents crcurring within the jurisdiction of the Idaho Department of Corrections that affect the offender personally.

(2) Offenders are entitled to use the offender grievance procedure regardless of their classification or disciplinary status. If the offender wishes to file a grievance on any protion of the disciplinary hearing process, he or she can do so after completion of the disciplinary appeal process.

C. The offender should seek informal resolution and exhaust all other available administrative remedies prior to using the grievance process.

c

D. Reprisals against offenders who file offender grievances are strictly prohibited. Offen,d~,e_.rs_, ha,v,~e.^th..e....-*ri"g^ht *•t"o file grievances against any employee for any reprisal resulting from the filing of an ngrriipevvaannrcpe, ""PRpenprrii<s;a^li"" mmepaanms; aannyu

action or threat of action against anyone for the useof, or participation

in the grievance procedure.

2. Communication of Offender Grievance Procedures

A. The written offender grievance procedure hearing shall be readily available to all employees and offenders.

B. The institutions' Policy and Procedure Manual will explain in detail the offender grievance procedures. In addition, orientation meetings for offenders
at all facilities will include an oral explanation of the procedures and the
opportunity to have questions regarding the procedures answered.

C. Offenders who do not understand English will be provided a translation in the language in which they demonstrate competency.

D. All correctional employees who may reasonably be expected to be involved in the grievance process will receive training.

3. The Offender Grievance Process

A. If an offender's agrieved issue could not be handled informally, the offender's

complaint must be filed within 15 calendar days of the incident in which the

C

agrieved action occurred. The reviewing authority may choose to extend the

DEPARTMENT
OF CORRECTIONS
O

III. INMATE MANAGEMENT

POUCV AIMD

SECTION NUMBER: 316

PAGE NUMBER: 3 of 8

PROCEDURE

SUBJECT:

REVISED: 10-1-83

MANUAL

OFFENDER GRIEVANCE PROCESS

filing period up to 60 days. Under no circumstance will the grievance be accepted after 60 days of the incident unless so ordered by a court pursuant to 42 USC Sec. 1997e.

8. The offender will indicate the following information on the "offender grievance report form" (refer to Attachment A ) :

-1. The nature of the complaint. This statement must be specific as to the complaint, dates, places, personnel involved, and how the complaining offender has been affected.

2. Informal action taken to resolve the complaint as well as the names of those employees from whom the offender sought an answer to the grievance.

3. The action the offender believes the reviewing authority should take.

4. The date the completed grievance report form was sent to the reviewing

C

authority.

C. Response by the reviewing authority:

1. Upon receipt of a grievance report form, the reviewing authority will assign a grievance number, grievance category code, indicate the date of receipt, and return the grievance report form to the offender with a response within twenty-one (21) calendar days.

2. Response will contain findings of fact, conclusions made, action taken by the reviewing authority, and reason(s) for action taken.

3. In the event a grievance cannot be adequately answered within the 21-day period, the reviewing authority will so inform the offender in writing within the 21-day period. The reviewing authority must state the reasons the response was delayed and will establish the date when a response will be give. This date must not exceed 30 days from the receipt of the grievance report form.

In all cases, the reviewing authority will return the original to the offender, The original may be used for further appeal (refer to Section 3.D) if the offender desires. A copy of the grievance report will be retained
by the reviewing authority.

D. Appeal to the appropriate appellate authority:

DEPARTMENT' OF
o CORRECTIONS

III. INMATE MANAGEMENT

SECTION NUMBER:

PAGE NUMBER:

POLICY AND

316

4 of 8

PROCEDURE

SUBJECT:

REVISED: 10-1-83

MANUAL

OFFENDER GRIEVANCE PROCESS

If the offender feels the reviewing authority response was not satisfactory and chooses to appeal, the offender must appeal to the appropriate appellate authority within ten (10) days of the reviewing authority's response.

The appellate authority has 21 calendar days from the receipt to resDond

and return the grievance report to the offender. If an extension is required, the offender shall receive written notification. Response time must not exceed a total of 30 days.

•

When the offender feels that the complaint is of a sensitive or emergency

nature,- or that he/she may be adversely affected by the admission of the

complaint at the initial level, the offender may address the complaint

directly to the appropriate appellate level. The offender must indicat a

valid reason for not bringing the complaint to the attention of the ini-

tial reviewing authority. If the offender does not provide a reason, or

the reason supplied is not adequate, the complaint will be returned to the

c

appropriate level for processing, with a written explanation t*o~ 4t"uh~e~*offender and the timetable will be altered as provided in Section 3.C.(1).

4. For incarcerated individuals the appellate authority shall be the Director.

For probationers and parolees the authority shall be the Administrative of

the Division of Parole and Probation.

E. Appeal to the Director for probationers and parolees:

(1) If the offender feels the response of the appellate authority was not satisfactory, the offender may appeal to the Director or designee within 10 days of receipt of the appellate authority's response.

(2) The Director or designee will send a response to the offender within 20 calendar days from receipt of the grievance report. The answer shall indicate findings of fact, conclusions made, and actions taken.

(3) A grievance form sent to the Director or designee without prior action by the appropriate reviewing authority or appellate level will be forwarded to the appropriate authority for response.

F. In actions brought under 42 USC Sec. 1983 where a court has stayed an action for a period not to exceed 90 days in order to require an offender to exhaust the offender grievance process (42 USC Sec. 1997E), the offender shall attach a copy of the court's order to the grievance report form and submit the grievance to the reviewing authority within ten (10) days of the order. The reviewing authority shall establish deadlines so the grievance procedure will be completed at the Director's level within the court-ordered period of stay.

DEPARTMENT OF
CORRECTIONS
C

III. INMATE MANAGEMENT

SECTION NUMBER:

PAGE NUMBER:

POLSCY.AND

316

5 of 8

PROCEDURE

SUBJECT:

REVISED: 10-1-83

MANUAL

OFFENDER GRIEVANCE PROCESS

All other^offender grievances shall reach final disposition within 90 calendar days afater original filing unless the grievant agrees in writing to an extension for a fixed period.

Expiration of a time limit at any stage of the offender grievance process will entitle the offender grievant to move to the next stage of the grievance process unless the offender has been notifed in writing of an extension of the time necessary for response.

4. Distribution of responses to offender..grievances

A. The reviewing authority shall retain one copy of each offender grievance report for the unit grievance file, and return the original of the grievance
to the offender.

B. The appellate authority in the case of probationers and parolees, shall send

one coppyy to the appropriate reviewing authority, one copy to theappropriate

c

facility file, and the original back to the offender. C. The Director shall send a copy to the appropriate reviewing authority or ap-

pellate authority and one copy to the appropriate facility file. The original

will be forwarded to the offender.

D. All offender grievance records shall be treated as confidential and shall be maintained in the appropriate facility file. Access is limited to those corrections employees who have a need for such information in the performance of their duties.

5. Offenders and employees were afforded an advisory role in the formulation and implementation of this procedure.

6. Any exceptions to the procedures in this memorandum shall require prior written approval from the Director.

6 of 8
O
GRIEVANCE SYSTEM FLOW-CHART
DIRECTOR

FACILITY HEAD (WARDEN, SUPERINTENDENT)
INCARCERATED GRIEVANCE

ADMINISTRATOR DIVISION OF PROBATION/PAROLE
/
DISTRICT MANAGER
/\
PROBATION OR PAROLE GRIEVANCE

 </s> District of Idaho Live CM/ECF - Docket Report

Page 1 of 14

MTNDDL, TERMED
U.S. District Court District of Idaho (LIVE Database)Version 2.4 (Moscow)
CIVIL DOCKET FOR CASE #: 3:82-cv-03078-EJL

Witke, et al v. Crowl, et al Assigned to: Honorable Edward J. Lodge Demand: $0 Cause: 42:1983 Prisoner Civil Rights
Plaintiff
Lois Witke

Date Filed: 09/09/1982 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Alexa P Freeman ACLU NATIONAL PRISON PROJECT 1875 Connecticut Ave NW #410 Washington, DC 20009 (202) 234-4830 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ayesha N Khan ACLU NATIONAL PRISON PROJECT 1875 Connecticut Ave NW #410 Washington, DC 20009 (202) 234-4830 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Howard A Belodoff IDAHO LEGAL AID SERVICES PO Box 913 Boise, ID 83701 (208) 336-8980 Fax: 1-208-342-2561 Email: howardbelodoff@idaholegalaid.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen L Pevar AMERICAN CIVIL LIBERTIES UNION 1888 Sherman St #380 Denver, CO 80203 (303) 839-5752 LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?108684573221545-L_280_0-1

9/9/2005

District of Idaho Live CM/ECF - Docket Report

Page 2 of 14

Plaintiff Gerry J St John Howell
Plaintiff Sharon Wilhite
Plaintiff Melinda Klesath

represented by Alexa P Freeman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ayesha N Khan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Howard A Belodoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen L Pevar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alexa P Freeman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ayesha N Khan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Howard A Belodoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen L Pevar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alexa P Freeman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ayesha N Khan

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?108684573221545-L_280_0-1

9/9/2005

District of Idaho Live CM/ECF - Docket Report

Page 3 of 14

Plaintiff Darla Harvey
Plaintiff Jennifer Winn

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Howard A Belodoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen L Pevar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alexa P Freeman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ayesha N Khan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Howard A Belodoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen L Pevar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alexa P Freeman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ayesha N Khan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Howard A Belodoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?108684573221545-L_280_0-1

9/9/2005

District of Idaho Live CM/ECF - Docket Report

Page 4 of 14

Plaintiff Patricia Yates
Plaintiff Jana Carroll
Plaintiff Cathy Taylor

Stephen L Pevar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alexa P Freeman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ayesha N Khan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Howard A Belodoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen L Pevar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alexa P Freeman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ayesha N Khan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Howard A Belodoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen L Pevar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alexa P Freeman

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?108684573221545-L_280_0-1

9/9/2005

District of Idaho Live CM/ECF - Docket Report

Page 5 of 14

Plaintiff Francine Jones
Plaintiff Geraldine Sensenig

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ayesha N Khan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Howard A Belodoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen L Pevar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alexa P Freeman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ayesha N Khan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Howard A Belodoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen L Pevar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alexa P Freeman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ayesha N Khan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff Betty Curl on their own behalf and on behalf of all other persons similarly situated
V. Defendant C W Crowl former Director, Dept of Corrections

Howard A Belodoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen L Pevar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alexa P Freeman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ayesha N Khan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Howard A Belodoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen L Pevar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jim Jones OFFICE OF ATTORNEY GENERAL Statehouse Mail Boise, ID 83720 (208) 334-2400 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert R Gates OFFICE OF ATTORNEY GENERAL Dept of Corrections Statehouse Mail Boise, ID 83720 (208) 334-2318 Fax: (208) 334-2318

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Defendant Ron McKinsey Superintendent of the North Idaho Correctional Institution
Defendant Charles Hall member State Board of Correction

Email: general@saetrumlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephanie A Maulin OFFICE OF ATTORNEY GENERAL Dept of Corrections Statehouse Mail Boise, ID 83720 (208) 334-2318 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy R McNeese IDAHO DEPARTMENT OF CORRECTION 1299 N Orchard #110 Boise, ID 83706 (208) 658-2097 Fax: 1-208-327-7485 Email: tmcneese@corr.state.id.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jim Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert R Gates (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephanie A Maulin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy R McNeese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jim Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Robert Anderson member State Board of Correction; and their agents and employees
Defendant Richard A Vernon Director, Dept of Corrections

Robert R Gates (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephanie A Maulin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy R McNeese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jim Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert R Gates (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephanie A Maulin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy R McNeese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jim Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert R Gates (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephanie A Maulin (See above for address)

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Date Filed 09/09/1982 11/04/1982 01/23/1985 07/13/1989 08/07/1989 09/05/1989 07/30/1990
09/05/1990 09/10/1990 09/13/1990 09/18/1990 10/03/1990

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy R McNeese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT - Summons(es) issued (jb) (Entered: 11/28/1990)

13 ANSWER by defendants (jb) (Entered: 11/28/1990)

43 ORDER by Honorable Harold L. Ryan administratively terminating case pursuant to stipulated settlement agreement w/o prejudice (cc: all counsel) (jb) (Entered: 11/28/1990)

74 MOTION by plaintiffs for order to show cause why dfts should not be held in civil contempt (jb) (Entered: 11/28/1990)

78 RESPONSE by defendants to plas' motion for order to show cause why dfts should not be held in civil contempt [74-1] (jb) (Entered: 11/28/1990)

83 REPLY by plaintiffs to response to motion for order to show cause why dfts should not be held in civil contempt [74-1] (jb) (Entered: 11/28/1990)

91 ORDER OF REFERENCE by Honorable Harold L. Ryan referring to Magistrate Mikel H. Williams the motion for order to show cause why dfts should not be held in civil contempt [74-1] (cc: all counsel) (jb) (Entered: 11/28/1990)

92 NOTICE OF HEARING on plas' motion for order to show cause and motion to intervene set for 9/13/91 at 10:00 am before (MHW) in Boise (cc: all counsel) (jb) (Entered: 04/15/1991)

93 NOTICE OF CHANGE OF ADDRESS of counsel Alexa P. Freeman, National Prison Project to: 1875 Connecticut Avenue N.W., Suite 410, Washington, D.C. 20009 (jb) (Entered: 04/15/1991)

94 MINUTES OF HEARING ON MOTIONS via telephone; pla motion to intervene taken under advisement; status conf set for 10/17/90 (MHW) (jb) (Entered: 04/15/1991)

95 NOTICE OF TELEPHONIC HEARING on motion to intervene set for 10/17/91 at 10:00 am before MHW in Boise (cc: all counsel) (jb) (Entered: 04/15/1991)

96 NOTICE OF TELEPHONIC HEARING on status conf on 10/17/90 at 10:00 before MHW in Boise (cc: all counsel) (jb) (Entered: 04/15/1991)

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10/16/1990 10/16/1990 10/17/1990 10/18/1990 10/23/1990 11/07/1990 11/07/1990 11/20/1990 11/21/1990
11/22/1990 12/18/1990 12/19/1990 01/14/1991 01/14/1991 01/17/1991 01/17/1991

97 MOTION by defendants to vacate telephonic status conference (jb) (Entered: 04/15/1991)
98 STIPULATION in support of motion to vacate telephonic status conf (jb) (Entered: 04/15/1991)
FILE DIVISION - File # 3 begins with document # 99 (dkh) (Entered: 02/11/1997)
99 ORDER by Magistrate Mikel H. Williams granting motion to vacate telephonic status conference [97-1] (cc: all counsel) (jb) (Entered: 04/15/1991)
100 ORDER by Magistrate Mikel H. Williams denying pla's motion to intervene (cc: all counsel) (jb) (Entered: 04/15/1991)
101 MINUTES OF TELEPHONE STATUS CONFERENCE - (MHW) another telephone status conference set for 11/29/90 at 11:30 (jb) (Entered: 04/15/1991)
102 STATUS CONFERENCE ORDER by Magistrate Mikel H. Williams setting a tele status conf for 11:30 am on 11/20/90 before MHW in Boise (cc: all counsel) (jb) (Entered: 04/15/1991)
103 MINUTES OF STATUS CONF before MHW - discovery ddl 1/21/91; pretrial motions ddl 2/21/91; parties request trial be set in Boise (jb) (Entered: 04/15/1991)
104 STATUS CONFERENCE ORDER by Magistrate Mikel H. Williams ; discover ddl 1/21/91; pretrial motions ddl 2/21/91; 2 to 3-day trial set for 10/21/91 at 9:30 am in Boise before HLR (cc: all counsel) (jb) (Entered: 04/15/1991)
REMARK - see hard docket for information prior to 11/22/90 (jb) (Entered: 01/16/1991)
105 MOTION by plaintiffs' counsel, Claudia Wright, to withdraw as attorney (jb) Modified on 04/15/1991 (Entered: 12/19/1990)
106 ORDER by Magistrate Mikel H. Williams granting motion by Claudia Wright to withdraw as attorney for plas [93-1] (cc: all counsel) (jb) Modified on 04/15/1991
107 MOTION by plaintiffs for extension of discovery and pre-trial motion deadlines (jb) Modified on 04/15/1991 (Entered: 01/15/1991)
108 MEMORANDUM by plaintiffs in support of motion for extension of discovery and pre-trial motion deadlines [95-1] (jb) Modified on 04/15/1991 (Entered: 01/15/1991)
109 ORDER by Honorable Harold L. Ryan reopening the case (cc: all counsel) (jb) Modified on 04/15/1991 (Entered: 01/18/1991)
109 ORDER OF REFERENCE by Honorable Harold L. Ryan referring to Magistrate Mikel H. Williams the motion for extension of discovery and

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04/12/1991
05/09/1991 05/10/1991
05/29/1991 07/11/1991 08/22/1991
11/08/1991
05/11/1992 01/11/1993 01/28/1993 05/24/1994 05/24/1994 05/24/1994 06/07/1994 06/07/1994

pre-trial motion deadlines [105-1] Case referred to Magistrate Mikel H. Williams for all pretrial matters. (cc: all counsel) (jb) Modified on 04/15/1991 (Entered: 01/18/1991)
110 ORDER by Magistrate Mikel H. Williams granting in part and denying in part plas' motion for extension of discovery and pre-trial motion deadlines [105-1] setting disc and motions deadlines ; Discovery ddl 7/15/91 ; Motion Filing ddl 8/12/91 (cc: all counsel) (jb) (Entered: 04/15/1991)
111 INTERIM AGREEMENT (see document for details) (jb) (Entered: 05/10/1991)
112 ORDER by Honorable Harold L. Ryan: parties have submitted an Interim Agreement, court will allow a period of 15 days for filing of objections, if none are received, court will approve Interim Agreement (cc: all counsel) (jb) (Entered: 05/13/1991)
113 MOTION by plaintiff AND ORDER extending time for filing objections by members of pla class to Interim Agreement by Honorable Harold L. Ryan (cc: all counsel) (jb) (Entered: 05/30/1991)
114 ORDER by Honorable Harold L. Ryan approving Interim Agreement filed 5/9/91 (cc: all counsel) (jb)
115 ORDER by Magistrate Mikel H. Williams denying pla's motion for order to show cause why dfts should not be held in civil contempt [74-1] as moot due to interim agreement reached by parties (cc: all counsel) (jb) (Entered: 08/27/1991)
116 STIPULATION that paragraph XVI (E) of Settlement Agreement will be interpreted to require that in all classification decisions, including administrative segregation involving plas, that women will be afforded due process protections, including prior notice and an opportunity to be heard as provided in settlement agreement (jb) (Entered: 11/13/1991)
5/11/92 operating under consent decree till 9/93 (rh)
117 STIPULATION for award of atty fees to plas (jb) (Entered: 01/13/1993)
118 ORDER by Honorable Harold L. Ryan administratively terminating case w/o prejudice (cc: all counsel) (jb) (Entered: 01/29/1993)
119 MOTION by plas to reopen the case (dkh) (Entered: 05/26/1994)
119 NOTICE by plas of violation (dkh) (Entered: 05/26/1994)
120 AFFIDAVIT of Howard Belodoff in support of notice [119-1], and motion to reopen the case [119-1] (dkh) (Entered: 05/26/1994)
121 NOTICE OF ATTORNEY APPEARANCE for defs by Robert R Gates, Stephanie A Maulin (dkh) (Entered: 06/13/1994)
122 RESPONSE by defs to motion to reopen the case and notice of violation [119-1] (dkh) (Entered: 06/13/1994)

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07/14/1994 07/27/1994 01/18/1995 02/08/1995 02/08/1995 03/27/1995 04/26/1995
04/26/1995 07/27/1995 08/02/1995 08/10/1995
08/22/1995 08/29/1995 12/05/1995 01/22/1996

123 APPLICATION AND ORDER FOR ADMISSION PRO HAC VICE pla represented by Ayesha N Khan. RH (dkh) (Entered: 07/15/1994)
124 ORDER by Honorable Harold L. Ryan granting motion to reopen the case [119-1] , and Case referred to Magistrate Larry M. Boyle for all pretrial matters. (cc: all counsel) (dkh)
125 NOTICE OF PHONE STATUS CONFERENCE ; Teleconf set for 2/8/95 11:00 before LMB in Boise (cc: all counsel) (dkh)
126 MINUTES OF TELEPHONE HRG ON STATUS CONFERENCE - ; Teleconf held 2/8/95 and continued to 4/10/95 1:30 for further settlement discussion LMB (dkh) (Entered: 02/09/1995)
127 NOTICE OF HEARING VIA TELEPHONE ; Teleconf set for 4/10/95 1:30 for status conference before LMB in Boise (cc: all counsel) (dkh) (Entered: 02/09/1995)
128 AMENDED NOTICE OF HEARING ; Teleconf set for 4/10/95 vacated 3/27/95 ; Teleconf reset for 4/26/95 11:00 before LMB in Boise (cc: all counsel) (dkh)
129 MINUTES OF STATUS CONFERENCE - ; Teleconf held 4/26/95; Court will allow parties further discussions to settle this case and continued this matter for a follow-up telephone status conference ; Teleconf set for 8/1/95 10:00 , Status Conference Held LMB (dkh) (Entered: 04/27/1995)
130 NOTICE OF CONTINUED STATUS CONFERENCE VIA TELEPHONE ; Teleconf set for 8/1/95 10:00 before LMB in Boise (cc: all counsel) (dkh) (Entered: 04/27/1995)
131 AMENDED NOTICE OF HEARING ; Teleconf set for 8/1/95 1:00 before LMB in Moscow (cc: all counsel) (dkh)
132 NOTICE by plas and dfts of compliance agreement (wm) (Entered: 08/03/1995)
133 MINUTES OF STATUS CONFERENCE - This Court shall administratively terminate this case. Ms Maulin to submit a joint stipulation and proposed order; Case Mgmt ddl set for 8/21/95 ; Teleconf was not held 8/1/95 LMB (dkh)
134 JOINT MOTION by pla and def for administrative termination (dkh)
135 ORDER by Magistrate Larry M. Boyle granting motion for administrative termination [134-1] terminating case (cc: all counsel) (dkh)
136 STIPULATED JUDGMENT AND ORDER awarding attorney's fees and costs by Honorable B. Lynn Winmill : (cc: all counsel) (dkh) (Entered: 12/06/1995)
137 CERTIFICATE OF COMPLIANCE by plas (dkh) (Entered: 01/23/1996)

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01/09/1997 01/09/1997 01/14/1997 01/14/1997 01/14/1997 01/14/1997 01/14/1997 01/14/1997 01/28/1997 01/28/1997 02/10/1997
03/11/1997 03/11/1997 03/12/1997 03/14/1997 03/14/1997 04/01/1997 04/24/1997

138 MOTION by defs to reopen the case (dkh)
139 MEMORANDUM by defs in support of motion to reopen the case [1381] (dkh)
140 MOTION by defs for relief from order and termination of consent decree (dkh) (Entered: 01/15/1997)
141 MEMORANDUM by defs in support of motion for relief from order and termination of consent decree [140-1] (dkh) (Entered: 01/15/1997)
142 AFFIDAVIT of Bona Miller regarding motion for relief from order and termination of consent decree [140-1] (dkh) (Entered: 01/15/1997)
143 AFFIDAVIT of Debbie Shields regarding motion for relief from order and termination of consent decree [140-1] (dkh) (Entered: 01/15/1997)
144 AFFIDAVIT of David A Sorensen regarding motion for relief from order and termination of consent decree [140-1] (dkh) (Entered: 01/15/1997)
145 AFFIDAVIT of Stephanie A Altig regarding motion for relief from order and termination of consent decree [140-1] (dkh) (Entered: 01/15/1997)
146 RESPONSE by plas to motion for relief from order and termination of consent decree [140-1], motion to reopen the case [138-1] (dkh)
147 ORDER by Magistrate Larry M. Boyle granting motion to reopen the case [138-1] (cc: all counsel) (dkh) (Entered: 01/30/1997)
148 ORDER by Honorable Edward J. Lodge Case reassigned to Honorable Edward J. Lodge , and Case referred to Magistrate Larry M. Boyle for all pretrial matters. (cc: all counsel) (dkh) (Entered: 02/11/1997)
149 JOINT MOTION by plas and defs for approval of stipulation of dismissal (dkh) (Entered: 03/12/1997)
150 STIPULATION for dismissal (dkh) (Entered: 03/12/1997)
Settlement papers forthcoming (L. Case 3/13) (lc)
151 ORDER by Honorable Edward J. Lodge for posting of notice to pla class (cc: all counsel) (dkh) (Entered: 03/17/1997)
152 NOTICE of pla class (dkh) (Entered: 03/17/1997)
153 AFFIDAVIT of Angela Blom (dkh) (Entered: 04/02/1997)
154 ORDER by Honorable Edward J. Lodge granting stipulation for dismissal [150-1] dismissing case with prejudice (cc: all counsel) (dkh)

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[CONTENT] September 9, 1982 | the North Idaho Correctional Institution | NICI | Cottonwood | Idaho | U.S.C. &sect | 1983 | the Idaho Department of Corrections | District Court ||| the American Civil Liberties Union National Prison Project | Idaho Legal Aid Services |||  ||| January 23, 1983 | the U.S. District Court | Harold L. Ryan |||  ||| May, 1988 ||| July 13, 1989 ||| January 17, 1991 | Ryan ||| May 7, 1991 | July 11, 1991 ||| Idaho |||  |||  ||| January 23, 1993 | Ryan ||| May 24, 1994 ||| July 27, 1994 | Ryan ||| July 26, 1995 |||  |||  ||| August 22, 1995 | Larry M. Boyle | August 29, 1995 ||| December 5, 1995 | B. Lynn Winmill ||| December 29, 1995 | second | four ||| January 9, 1997 | the Prison Litigation Reform Act ||| January 28, 1997 | Boyle ||| March 11, 1997 ||| April 24, 1997 | Edward J. Lodge [SUMMARY] On September 9, 1982, female inmates at the North Idaho Correctional Institution (NICI) in Cottonwood, Idaho, filed a class action lawsuit under 42 U.S.C. &sect; 1983 against the Idaho Department of Corrections in the U.S. District Court for the District of Idaho.  The plaintiffs, represented by the American Civil Liberties Union National Prison Project and Idaho Legal Aid Services, alleged that their constitutional rights had been violated by gender discrimination in the areas of work-release, study-release, vocational training, education, employment, recreation, visitation, day passes, furloughs, and parole.  They also alleged that their constitutional rights had been violated by inhumane conditions at the prison, including inadequate housing, food, sanitation, medical care, mental health care, personal security, access to courts, access to publications, classification procedures, and disciplinary procedures.

On January 23, 1983, the U.S. District Court for the District of Idaho (Judge Harold L. Ryan) approved a settlement agreement and administratively terminated the case.  The agreement covered the areas of vocational training, education, work assignments, prison industries, recreation, passes and furloughs, parole, commissary access, telephone, mail, personal property, visitation, physical facilities, medical care, dental care, mental health care, personal hygiene supplies, classification procedures, disciplinary procedures, grievance procedures, staffing, access to courts, access to counsel, and censorship procedures.  In May, 1988, the court approved a supplemental stipulated agreement further refining the requirements of the original settlement agreement.  

On July 13, 1989, the plaintiffs asked the district court to hold the defendants in contempt for failure to comply with the agreement.  On January 17, 1991, the district court (Judge Ryan) reopened the case for consideration of the motion for contempt.  On May 7, 1991, the parties entered into an interim agreement, which was approved by the court on July 11, 1991.  In the interim agreement, the defendants agreed (subject to funding by the state legislature) to construct a new institution for women prisoners in Idaho.  It also contained specific agreements in the areas of medical and mental health, environmental safety, security, food service and sanitation, and programming.  The interim agreement stated that the original settlement agreement remained in full force and was not superseded by this new agreement.  

On January 23, 1993, the district court (Judge Ryan) administratively terminated the case without prejudice.  On May 24, 1994, the plaintiffs asked the district court to reopen the case, alleging that the settlement agreement had been violated.  On July 27, 1994, the district court (Judge Ryan) reopened the case.  On July 26, 1995, the parties signed an agreement stating that the defendants were in compliance with the settlement agreement in the areas of censorship, passes and furloughs, non-legal telephone, personal hygiene supplies, personal property, discipline, parole, visitation, and non-legal mail.  The agreement also stated that, although the defendants were in compliance with the original settlement agreement in the areas of medical, dental, psychiatric, and psychological services, they were considering privatizing the entire system, and the plaintiffs reserved the right to review the adequacy of the system if it changed.  The agreement stated that the defendants were not in compliance in the areas of classification, grievance procedures, vocational training, work assignments, recreation, education, access to counsel, access to courts, physical facilities, commissary access, prison industries, and staffing.  

On August 22, 1995, the parties made a joint motion for administrative termination, which the district court (Judge Larry M. Boyle) granted on August 29, 1995.  On December 5, 1995, the district court (Judge B. Lynn Winmill) awarded attorneys fees to the plaintiffs' counsel.  

On December 29, 1995, the parties signed a second compliance agreement, which stated that the defendants were in full or substantial compliance with the settlement agreement in all areas, with four exceptions: smoking in the prison, book collection and inventory lists, access to courts, and prison industries.  

On January 9, 1997, the defendants asked the district court to reopen the case and to terminate the consent decree in accordance with the Prison Litigation Reform Act.  On January 28, 1997, the district court (Judge Boyle) reopened the case.  On March 11, 1997, the parties made a joint motion for approval of a stipulation of dismissal.  On April 24, 1997, the district court (Judge Edward J. Lodge) approved the stipulation of dismissal and dismissed the case with prejudice.  

