IDOC TRIES TO IMPLEMENT ASININE AND UNCONSTITUTIONAL PROHIBITIONS ON OUTGOING VIDEOGRAMS
In an email sent to prisoners on February 27, 2019 from an unidentified (but presumably an IDOC administrative) source, several prohibitions on the content of outgoing videograms were listed. Below is a copy of that email:
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02/27/2019
RE: Rules for VideoGrams
Please note the following rules for VideoGrams:
> 30 second video taken at the JPay kiosk
> Cost to send is 2 e-Stamps (same as friends and family pay)
> May be sent as an attachment to an email or sent alone
> All outbound VideoGrams are automatically held until reviewed for release (just like incoming)
> Rules (All match with our current mail and JPay rules):
> Inmates must be seated at the kiosk when taking photos.
> Inmates must be wearing IDOC approved clothing (not altered/no wife beaters).
> No photos of their tattoos. (Pointing out tattoos).
> No showing of the stomach, chest or any other body part that is covered by IDOC uniform.
> No unapproved hats or head wraps (IDOC issued beanies and religious headwear is allowed)
> No sunglasses.
> No more than one person at the kiosk (Includes having a picture taken by another inmate).
> No grabbing of body parts (examples but not limited to: crotch, buttocks, and breasts).
> No gang signs, clothing or references of any kind.
> No nudity, sexually explicit content photos or items
> No sexually explicit tongue movement while recording or taking a picture.
> No requesting a photo or information to be placed on Social Media of any kind.
> No requesting of emails to be forward, sent, or mailed to other parties.
> No requesting or sending a PayPal number.
> No requesting or sending information for or about another inmate.
> No requesting a person do business for them.
> No images or statements that advocates hatred or violence.
> No alcohol, smoking, or drug images, references, items or photos.
> No images, statements or references of any kind of weapon.
> No covering or moving of the camera at the kiosk.
> No Videogram or JPay mail or attachment is allowed to be transferred or shared with social media.
NOTE: Any violations of the above rules will be subject to disciplinary action.
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Regardless of the source of the email, the assertions that the "rules" all match with current mail and JPay "rules" is blatantly false. IDOC Standard Operating Procedures (SOPs) 402 and 503 which relate to regular mail as well as email, videogram and photo attachments (collectively known as ECMs) do not require prisoners (or outside senders of videograms) to be seated, do not prohibit more than one person (in a photo), and do not prohibit sexually explicit items (this issue was resolved as a result of civil litigation in the case of SHACKELFORD v. McKAY, Case No. CV-OC-16-05583 / Ada County, Idaho). There is no prohibition in SOP on requesting emails to be forward(ed), sent, or mailed to other parties, and certainly no prohibition on "sexually explicit tongue movement" while recording or taking a picture, and no prohibition regarding outside persons smoking, or references to smoking (legal substances) in photos or videos.
I'm really not clear on what the new "rule" regarding not requesting or sending a PayPal number is referring to (yea, I know what PayPal is Elon... duh) but the two times this anonymous email source listed the prohibition on a photo or information being placed on Social Media of any kind under threat of disciplinary action indicates to me that this source certainly didn't think that one through. Not only does IDOC SOP not prohibit posting inmate photos, recordings, etc. on social media platforms, courts are almost unanimous in holding that such prohibitions would violate the First (Free Speech) and Fourteenth (Due Process) Amendments to the U.S. Constitution. Further, attributing the actions of someone on the outside (posting a videogram on social media) to (and punishing) a prisoner who has no means to prevent the posting (even if the prisoner wanted to prevent it) cannot reasonably pass constitutional muster.
The IDOC is finally leaping into the 1990's in allowing technology into Idaho prisons - now they need to start being reasonable about how its being used.
[Note: An internal Concern Form was immediately sent to Jay Skiles, IDOC Contract Monitor for CenturyLink/JPay operations to have these conflicts resolved. In a reply received on 3/7/2019 to the concern form, Jay Skiles, contract manager, stated that these rules are part of the terms of service for using Jpay. This too is blatantly false.]
////////////////
02/27/2019
RE: Rules for VideoGrams
Please note the following rules for VideoGrams:
> 30 second video taken at the JPay kiosk
> Cost to send is 2 e-Stamps (same as friends and family pay)
> May be sent as an attachment to an email or sent alone
> All outbound VideoGrams are automatically held until reviewed for release (just like incoming)
> Rules (All match with our current mail and JPay rules):
> Inmates must be seated at the kiosk when taking photos.
> Inmates must be wearing IDOC approved clothing (not altered/no wife beaters).
> No photos of their tattoos. (Pointing out tattoos).
> No showing of the stomach, chest or any other body part that is covered by IDOC uniform.
> No unapproved hats or head wraps (IDOC issued beanies and religious headwear is allowed)
> No sunglasses.
> No more than one person at the kiosk (Includes having a picture taken by another inmate).
> No grabbing of body parts (examples but not limited to: crotch, buttocks, and breasts).
> No gang signs, clothing or references of any kind.
> No nudity, sexually explicit content photos or items
> No sexually explicit tongue movement while recording or taking a picture.
> No requesting a photo or information to be placed on Social Media of any kind.
> No requesting of emails to be forward, sent, or mailed to other parties.
> No requesting or sending a PayPal number.
> No requesting or sending information for or about another inmate.
> No requesting a person do business for them.
> No images or statements that advocates hatred or violence.
> No alcohol, smoking, or drug images, references, items or photos.
> No images, statements or references of any kind of weapon.
> No covering or moving of the camera at the kiosk.
> No Videogram or JPay mail or attachment is allowed to be transferred or shared with social media.
NOTE: Any violations of the above rules will be subject to disciplinary action.
/////////////
Regardless of the source of the email, the assertions that the "rules" all match with current mail and JPay "rules" is blatantly false. IDOC Standard Operating Procedures (SOPs) 402 and 503 which relate to regular mail as well as email, videogram and photo attachments (collectively known as ECMs) do not require prisoners (or outside senders of videograms) to be seated, do not prohibit more than one person (in a photo), and do not prohibit sexually explicit items (this issue was resolved as a result of civil litigation in the case of SHACKELFORD v. McKAY, Case No. CV-OC-16-05583 / Ada County, Idaho). There is no prohibition in SOP on requesting emails to be forward(ed), sent, or mailed to other parties, and certainly no prohibition on "sexually explicit tongue movement" while recording or taking a picture, and no prohibition regarding outside persons smoking, or references to smoking (legal substances) in photos or videos.
I'm really not clear on what the new "rule" regarding not requesting or sending a PayPal number is referring to (yea, I know what PayPal is Elon... duh) but the two times this anonymous email source listed the prohibition on a photo or information being placed on Social Media of any kind under threat of disciplinary action indicates to me that this source certainly didn't think that one through. Not only does IDOC SOP not prohibit posting inmate photos, recordings, etc. on social media platforms, courts are almost unanimous in holding that such prohibitions would violate the First (Free Speech) and Fourteenth (Due Process) Amendments to the U.S. Constitution. Further, attributing the actions of someone on the outside (posting a videogram on social media) to (and punishing) a prisoner who has no means to prevent the posting (even if the prisoner wanted to prevent it) cannot reasonably pass constitutional muster.
The IDOC is finally leaping into the 1990's in allowing technology into Idaho prisons - now they need to start being reasonable about how its being used.
[Note: An internal Concern Form was immediately sent to Jay Skiles, IDOC Contract Monitor for CenturyLink/JPay operations to have these conflicts resolved. In a reply received on 3/7/2019 to the concern form, Jay Skiles, contract manager, stated that these rules are part of the terms of service for using Jpay. This too is blatantly false.]