IDOC's BRAILLE TRANSCRIPTION SERVICE AT THE ISCC VIOLATES IDAHO LAW - PROFITS BUSINESSES AT TAXPAYER EXPENSE AND CREATES SPECIAL CLASS OF PRIVILEGED INMATES
"If certain Idaho inmates are so indispensable in their jobs that they cannot be transferred to other facilities and are immune from being transferred out of state because of their job assignment, how can it be argued that these inmates are being treated the same as all other prisoners?" - ISCC Corrections Officer: August, 2018
The Idaho Correctional Industries Act (Idaho Code Title 20, Chapter 4) provides that "...all services and labor provided" (except for hobby craft) performed by inmates constitutes "Correctional Institution Products" (we'll just call them Products here). This law also specifically states that these products "shall never be sold - or given away - for any private use". In what is clearly an end-run around the statutes, IDOC administrators, in conjunction with ISCC staff are operating a for-profit Braille transcription program from the south Boise prison under the guise of being an "educational and training program". Alarmingly, there are no education or security staff at the prison who are capable of training Braille students, or even reading the data which has been transcribed.
By and through the Idaho Commission for the Blind and Visually Impaired, ISCC inmates are creating products - including, but not limited to restaurant menus, books and sheet music - all of which are produced in the prison and sent out to the Commission as completed projects. Products designed and completed by inmates to assist the visually impaired are provided without cost to the Commission which in turn makes the finished products available to state and local government, as well as to commercial businesses and individuals. These entities - government, commercial and private - are then free to use the products to promote, enhance or generate profit for their business interests, and in some cases, sell the products on the open market - all without labor costs - on the taxpayer's dime. According to the May, 2018 issue of The Realist, an IDOC published newsletter, ISCC inmates have printed more than 1 million transcribed pages since 2003.
In response to an inquiry regarding the fact that the IDOC is not being reimbursed for [inmate] labor costs on government projects such as transcription of textbooks, standardized tests, etc. as required by law, IDOC Chief of Prisons Ashley Dowell stated that "Braille workers at ISCC are paid out of the IMF or General Fund because the IDOC does not generate any revenue from work performed by the Braille workers." Dowell went on to describe the work as "...a service to the Commission for the Blind, but does not receive any compensation". ISCC Deputy Warden Timothy McKay stated that according to Jack Bierle with the Human Resources, Information Technology and Accounting office of the Idaho Commission for the Blind, projects completed by ISCC [inmate] transcribers are not sold in any market, and go to other government agencies or provided "as a service to the blind community".
The IDOC has tactically classified the Braille program at ISCC an "educational program" and not a Correctional Industries program under Idaho Code Title 20, Chapter 4, intentionally circumventing Idaho laws which prevent such prison(er) made products from being given away for any private use or profit (Idaho Code 20-414).
When administrators are advised that Idaho Code 20-245 (1), [a non-Correctional Industries Act] requires the Commission to reimburse the ISCC for costs associated with the labor (of an inmate) for production of [any] product or project, the administrators attempt to either justify the failure of the Commission to reimburse the costs by arguing the (non- Correctional Industries Act) statute does not apply, or falsely contend there are no costs associated with the labor. "The Braille Program at ISCC does not receive any compensation for completed projects." writes ISCC Deputy Warden McKay.
In response to an email query regarding these concerns, Pat Donaldson, Chief of the IDOC's Management Services Division writes, "The IDOC is not obligated to require reimbursement and in this case none has been requested."
Describing the ISCC Braille service as an educational or vocational program is not a simple misclassification. The Department's contention is belied by the fact that all the transcriber "students" involved with transcribing data for the Commission received their certification in Braille transcription (graduated) years ago, with no further certifications or training offered on the subject in the IDOC. All transcribers who complete projects for the Commission are also paid wages for their working hours. [Actual] IDOC students are not paid for going to school/training.
Pursuant to IDOC Standard Operating Procedures, inmate workers are allowed to work up to 252 hours per month - and Braille workers do reach that number - yet there are no other inmate workers in the education department (TA's, custodial, etc.) who work or are paid for work anywhere near that number of hours. "I do not have responsibility for allocating funds used in the payment of workers in the Braille program." writes David Mehlhaff, Education Program Manager at the ISCC, "[m]y involvement with pay is limited to verification of Braille worker time sheets".
Several commercial businesses across the country charge up to $90 per hour for labor (plus materials) to transcribe text or music into Braille which means that the "free" inmate labor constitutes unfair competition to commercial businessess. Hundreds of man-hours in labor for the final product is available to anyone - anywhere - for any use - for free, and as of May, 2018 The Realist calculates that the ISCC has generated $3,287,074 in transcribed and printed pages since 2003.
Requests for (free) transcriptions and printing come from near and far - and includes friends, family and associates of IDOC administrators, staff and inmates who know the intricacies of the program and may take advantage of the free products, even making requests through the Commission for products specific to their business or trade. In some instances, inmates, allowed by staff into the computer room during non-business hours (when there are no staff supervisors present in the room), will transcribe and send data to their own family, friends or customers in off-the-books projects for personal use or sale - netting these inmates thousands of dollars per year.
In a July, 2018 email, Trina Ayres, Administrative Services Manager for the Idaho Commission for the Blind and Visually Impaired, stated that there is no cost for labor to private parties, commercial businesses, or [for profit] individuals to have text/music transcribed to Braille, ... "because the inmates at the prison are the transcribers." According to Ms. Ayres, if the project is [small], and only occasionally transcribed, there is absolutely no cost - for either labor or materials used in the project. Commercial transcribers such as the Lighthouse for the Blind and Visually Impaired based in San Francsco, CA then cannot compete.
It stands to reason - and is clearly evident - that inmate transcribers, holding jobs so critical to institutional need, are granted exceptional considerations - even when their act(ion)s severely comprise the safety and security of the facility, staff and other prisoners. In order to maintain the viability and efficiency of their golden geese, administrators grant special dispensations to the few inmates who effectively supervise and coordinate the ISCC Braille program regarding pay, hours worked, access to work areas, unsupervised access to computers, files and printers, authority to pick and choose inmates who may join their ranks as transcribers, as well as ability to choose housing and cell partners.
Were not these special few prisoners serving sentences of life without the possibility of parole, one might be worried that they are so very valuable to the system that they might never be allowed to go home.
The Idaho Correctional Industries Act (Idaho Code Title 20, Chapter 4) provides that "...all services and labor provided" (except for hobby craft) performed by inmates constitutes "Correctional Institution Products" (we'll just call them Products here). This law also specifically states that these products "shall never be sold - or given away - for any private use". In what is clearly an end-run around the statutes, IDOC administrators, in conjunction with ISCC staff are operating a for-profit Braille transcription program from the south Boise prison under the guise of being an "educational and training program". Alarmingly, there are no education or security staff at the prison who are capable of training Braille students, or even reading the data which has been transcribed.
By and through the Idaho Commission for the Blind and Visually Impaired, ISCC inmates are creating products - including, but not limited to restaurant menus, books and sheet music - all of which are produced in the prison and sent out to the Commission as completed projects. Products designed and completed by inmates to assist the visually impaired are provided without cost to the Commission which in turn makes the finished products available to state and local government, as well as to commercial businesses and individuals. These entities - government, commercial and private - are then free to use the products to promote, enhance or generate profit for their business interests, and in some cases, sell the products on the open market - all without labor costs - on the taxpayer's dime. According to the May, 2018 issue of The Realist, an IDOC published newsletter, ISCC inmates have printed more than 1 million transcribed pages since 2003.
In response to an inquiry regarding the fact that the IDOC is not being reimbursed for [inmate] labor costs on government projects such as transcription of textbooks, standardized tests, etc. as required by law, IDOC Chief of Prisons Ashley Dowell stated that "Braille workers at ISCC are paid out of the IMF or General Fund because the IDOC does not generate any revenue from work performed by the Braille workers." Dowell went on to describe the work as "...a service to the Commission for the Blind, but does not receive any compensation". ISCC Deputy Warden Timothy McKay stated that according to Jack Bierle with the Human Resources, Information Technology and Accounting office of the Idaho Commission for the Blind, projects completed by ISCC [inmate] transcribers are not sold in any market, and go to other government agencies or provided "as a service to the blind community".
The IDOC has tactically classified the Braille program at ISCC an "educational program" and not a Correctional Industries program under Idaho Code Title 20, Chapter 4, intentionally circumventing Idaho laws which prevent such prison(er) made products from being given away for any private use or profit (Idaho Code 20-414).
When administrators are advised that Idaho Code 20-245 (1), [a non-Correctional Industries Act] requires the Commission to reimburse the ISCC for costs associated with the labor (of an inmate) for production of [any] product or project, the administrators attempt to either justify the failure of the Commission to reimburse the costs by arguing the (non- Correctional Industries Act) statute does not apply, or falsely contend there are no costs associated with the labor. "The Braille Program at ISCC does not receive any compensation for completed projects." writes ISCC Deputy Warden McKay.
In response to an email query regarding these concerns, Pat Donaldson, Chief of the IDOC's Management Services Division writes, "The IDOC is not obligated to require reimbursement and in this case none has been requested."
Describing the ISCC Braille service as an educational or vocational program is not a simple misclassification. The Department's contention is belied by the fact that all the transcriber "students" involved with transcribing data for the Commission received their certification in Braille transcription (graduated) years ago, with no further certifications or training offered on the subject in the IDOC. All transcribers who complete projects for the Commission are also paid wages for their working hours. [Actual] IDOC students are not paid for going to school/training.
Pursuant to IDOC Standard Operating Procedures, inmate workers are allowed to work up to 252 hours per month - and Braille workers do reach that number - yet there are no other inmate workers in the education department (TA's, custodial, etc.) who work or are paid for work anywhere near that number of hours. "I do not have responsibility for allocating funds used in the payment of workers in the Braille program." writes David Mehlhaff, Education Program Manager at the ISCC, "[m]y involvement with pay is limited to verification of Braille worker time sheets".
Several commercial businesses across the country charge up to $90 per hour for labor (plus materials) to transcribe text or music into Braille which means that the "free" inmate labor constitutes unfair competition to commercial businessess. Hundreds of man-hours in labor for the final product is available to anyone - anywhere - for any use - for free, and as of May, 2018 The Realist calculates that the ISCC has generated $3,287,074 in transcribed and printed pages since 2003.
Requests for (free) transcriptions and printing come from near and far - and includes friends, family and associates of IDOC administrators, staff and inmates who know the intricacies of the program and may take advantage of the free products, even making requests through the Commission for products specific to their business or trade. In some instances, inmates, allowed by staff into the computer room during non-business hours (when there are no staff supervisors present in the room), will transcribe and send data to their own family, friends or customers in off-the-books projects for personal use or sale - netting these inmates thousands of dollars per year.
In a July, 2018 email, Trina Ayres, Administrative Services Manager for the Idaho Commission for the Blind and Visually Impaired, stated that there is no cost for labor to private parties, commercial businesses, or [for profit] individuals to have text/music transcribed to Braille, ... "because the inmates at the prison are the transcribers." According to Ms. Ayres, if the project is [small], and only occasionally transcribed, there is absolutely no cost - for either labor or materials used in the project. Commercial transcribers such as the Lighthouse for the Blind and Visually Impaired based in San Francsco, CA then cannot compete.
It stands to reason - and is clearly evident - that inmate transcribers, holding jobs so critical to institutional need, are granted exceptional considerations - even when their act(ion)s severely comprise the safety and security of the facility, staff and other prisoners. In order to maintain the viability and efficiency of their golden geese, administrators grant special dispensations to the few inmates who effectively supervise and coordinate the ISCC Braille program regarding pay, hours worked, access to work areas, unsupervised access to computers, files and printers, authority to pick and choose inmates who may join their ranks as transcribers, as well as ability to choose housing and cell partners.
Were not these special few prisoners serving sentences of life without the possibility of parole, one might be worried that they are so very valuable to the system that they might never be allowed to go home.