IDOC ADMINISTRATOR REFUSES TO ADDRESS SYSTEMIC CENSORSHIP ISSUES
Where does a prisoner or their family turn when facility administrators make ludicrus and final decisions which are in conflict with Idaho Department of Correction (IDOC) Standard Operating Procedure (SOP) or Policy? Apparently, not to Mr. Ross Castleton, Deputy Chief of Prisons as his June 11, 2018 response to the following questions posed to him indicate. Racist, sexist, homophobic and utterly ridiculous statements and policy interpretations by ISCC Warden Jay Christensen and other facility administrators as seen below seem to be the final word in the IDOC. Here's an example:
"On January 23rd, you made me aware during a tier check that you had your friend send in photos of male sumo wrestlers with large breasts in order to test our threshold of censorship. If it depicts female breasts and nipples it will be confiscated, even if it is on a man." (Jay Christensen Level 3 - Appellate Authority Response: Grievance No. IC 180000123 - May 18, 2018)
HERE ARE THE QUESTIONS PRESENTED TO MR. CASTLETON FOR ANSWERS AS TO OFFICIAL IDOC POLICY - his blanket response to all the questions follow:
> SOP 503 (as well as SOP 402.02.01.001) prohibits photos/depictions of female breasts, yet ISCC staff are disallowing photos of male breasts because of [their] size/shape and/or the "appearance" of the photographed subjects - despite the fact that the subjects are proven to be male (see Grievance No. IC 180000123 which has been pending since January, 2018 and still not resolved) [Editor's note: This Grievance was finally complete on May 18, 2018, nearly 4 months after it was filed.]
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
> On at least one occasion, staff disallowed video of nursing puppies because it was determined to be sexually explicit pursuant to SOP where the nipples of the mother (dog) could be seen. To justify their position, staff argued (and are correct) that the SOP does not restrict these prohibitions to human females.
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
> Prisoners are advised by staff that the anthropological exceptions to nudity within the SOPs do not apply to caucasian, asian or latina women, but only to black women.
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
> Staff are disallowing or severely delaying ECM (as well as paper mail) which contain court data - typically described as "case law" despite Idaho courts MANDATING that "authority" (derived from case law) be cited in legal briefs, etc., the fact that the IDOC does not provide such case law to prisoners, and that indigent prisoners have no other means of receiving case law from commercial entities (such as the State Law Library) due to the costs involved.
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
> Staff argue that case law violates the prohibitions on receiving information regarding another prisoners' identity, crime, etc. - despite the fact that this information is public record, is a published court decision, and that most (criminal and post-conviction related) case law concerns... crimes. Further, staff argue (and are correct) that the SOP does not limit the definition of offender to an Idaho offender, does not limit the definition to a currently incarcerated offender, or specifically exempt case law / filed cases from prohibited materials.
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
> Where prisoners are allowed to order (regular) photos from outside (commercial) entities, (electronic) photos and/or videos from these same vendors are disallowed by ISCC staff under the guise of "doing business" in violation of SOP - regardless of the subject matter.
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
> Attorneys general for the IDOC have already verified (in litigation) that if an item (subject matter) is authorized as regular mail, it is authorized in electronic mail (via Jpay). It would follow then that being authorized to purchase paper photos from a commercial entity would also be authorized via electronic mail as both are prepaid and follow all other guidelines set forth in SOP. It is unclear the logic being used by ISCC staff to disallow these items.
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
Mr. Castleton's response to all these questions is as follows:
"I have spent some time inquiring of staff at ISCC and with our liaison Ms. Mabe. Warden Christensen and Ms. Mabe have informed me that these issues have been addressed through the grievance process with [your friend] Mr. Shackelford. If Mr. Shackelford would like further answers to these questions I would refer him to the concern form and grievance process so that he may follow the proper course of action. Thank you. Ross."
So here's the question--- if all these questions have already been addressed through the grievance process as stated, where next does one go in the face of lucridicy?
DS
SHARE THIS POST WITH A FRIEND, FAMILY MEMBER OR LAWMAKER!
For an attempt to have these questions answered for yourself, contact Deputy Chief of Prisons Ross Castleton at: rcastlet@idoc.idaho.gov (208) 658-2123.
"On January 23rd, you made me aware during a tier check that you had your friend send in photos of male sumo wrestlers with large breasts in order to test our threshold of censorship. If it depicts female breasts and nipples it will be confiscated, even if it is on a man." (Jay Christensen Level 3 - Appellate Authority Response: Grievance No. IC 180000123 - May 18, 2018)
HERE ARE THE QUESTIONS PRESENTED TO MR. CASTLETON FOR ANSWERS AS TO OFFICIAL IDOC POLICY - his blanket response to all the questions follow:
> SOP 503 (as well as SOP 402.02.01.001) prohibits photos/depictions of female breasts, yet ISCC staff are disallowing photos of male breasts because of [their] size/shape and/or the "appearance" of the photographed subjects - despite the fact that the subjects are proven to be male (see Grievance No. IC 180000123 which has been pending since January, 2018 and still not resolved) [Editor's note: This Grievance was finally complete on May 18, 2018, nearly 4 months after it was filed.]
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
> On at least one occasion, staff disallowed video of nursing puppies because it was determined to be sexually explicit pursuant to SOP where the nipples of the mother (dog) could be seen. To justify their position, staff argued (and are correct) that the SOP does not restrict these prohibitions to human females.
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
> Prisoners are advised by staff that the anthropological exceptions to nudity within the SOPs do not apply to caucasian, asian or latina women, but only to black women.
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
> Staff are disallowing or severely delaying ECM (as well as paper mail) which contain court data - typically described as "case law" despite Idaho courts MANDATING that "authority" (derived from case law) be cited in legal briefs, etc., the fact that the IDOC does not provide such case law to prisoners, and that indigent prisoners have no other means of receiving case law from commercial entities (such as the State Law Library) due to the costs involved.
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
> Staff argue that case law violates the prohibitions on receiving information regarding another prisoners' identity, crime, etc. - despite the fact that this information is public record, is a published court decision, and that most (criminal and post-conviction related) case law concerns... crimes. Further, staff argue (and are correct) that the SOP does not limit the definition of offender to an Idaho offender, does not limit the definition to a currently incarcerated offender, or specifically exempt case law / filed cases from prohibited materials.
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
> Where prisoners are allowed to order (regular) photos from outside (commercial) entities, (electronic) photos and/or videos from these same vendors are disallowed by ISCC staff under the guise of "doing business" in violation of SOP - regardless of the subject matter.
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
> Attorneys general for the IDOC have already verified (in litigation) that if an item (subject matter) is authorized as regular mail, it is authorized in electronic mail (via Jpay). It would follow then that being authorized to purchase paper photos from a commercial entity would also be authorized via electronic mail as both are prepaid and follow all other guidelines set forth in SOP. It is unclear the logic being used by ISCC staff to disallow these items.
WHAT IS THE OFFICIAL IDOC POSITION ON THIS ISSUE?
Mr. Castleton's response to all these questions is as follows:
"I have spent some time inquiring of staff at ISCC and with our liaison Ms. Mabe. Warden Christensen and Ms. Mabe have informed me that these issues have been addressed through the grievance process with [your friend] Mr. Shackelford. If Mr. Shackelford would like further answers to these questions I would refer him to the concern form and grievance process so that he may follow the proper course of action. Thank you. Ross."
So here's the question--- if all these questions have already been addressed through the grievance process as stated, where next does one go in the face of lucridicy?
DS
SHARE THIS POST WITH A FRIEND, FAMILY MEMBER OR LAWMAKER!
For an attempt to have these questions answered for yourself, contact Deputy Chief of Prisons Ross Castleton at: rcastlet@idoc.idaho.gov (208) 658-2123.