THE SONG REMAINS THE SAME
Less than a decade ago, the IDOC, Idaho politicians and the public were up in arms when it came to light that Corrections Corporation of America (CCA, now CoreCivic) administrators at the Idaho Correctional Center (now the Idaho State Correctional Center) were allowing gang members to make rules and decisions for other inmates just to keep the peace. After an investigation, it was found that officials not only allowed these so-called "shot-callers" to keep others in check - usually under threat of violence - they were getting special treatment for their service to the facility. Once the state took over operations at the ISCC, the inmate-over-inmate supervision was said to have stopped. It never did, and it's getting worse.
After having received written and oral notifications on more than one occasion and from more than one source that a (self-described) gang leader recently moved onto a housing area, immediately declared himself the shot-caller for the tier, checked paperwork of several inmates (to determine whether or not they are serving sentences for sex offenses), started charging "rent" to some inmates to continue to live safely on the tier, and has called for all Latinos to either join him or pay, ISCC administrators have done nothing to curtail the behavior. Indeed, guards allow this inmate "leader" unparalleled latitude to break rules - even in their presence - from shoving to the head of the pill call line, to blasting music in the dayroom, to taking extra food trays.
This staff attitude of allowing inmates to supervise and literally control the lives and futures of other prisoners can also be seen in the treatment and allowances made for American Legion prisoners - even to the point of violating federal laws.
The self-declared inmate "Commander for Life" of American Legion Post 201 is, first of all, not even a considered a veteran under law (having received a dishonorable discharge). Like many of the inmate only members of the specially created Post, he is ineligible even to be a member of the American Legion under federal law, the congressional Charter and the constitution of the Legion [footnote 1 at §(2)] due to dishonorable discharges.
Administrators allow Legion inmates special dispensations, activities and items, with the inmate "commander" and his "staff" (including a Sergeant at Arms) authority to sanction and discipline other (Legion and Sons of the American Legion) prisoners. These inmates are allowed outside-of-policy clothing (including, but not limited to t-shirts, metal pins, hats and "Legion supplies") denied to other prisoners. They are also receive full pay and bonuses for less than a few hours of work per month. Finally, the inmate "commander" and his minions are allowed banquets and other festivities several times per year and meetings with those from other "cohorts" several times per month - even while religious get-togethers are restricted (see ISCC REBUKES INMATE RELIGIOUS GATHERINGS WHILE ALLOWING SECULAR GROUPS TO ASSEMBLE on this site).
In allowing the formation and business (including fundraising activities - while keeping most of the funds for themselves or to use as kickbacks to administrators) of an American Legion post at the ISCC, administrators have and continue to allow inmates to conduct business (or, in gang vernacular, 'put in work') in violation of IDOC policy and SOP in that the American Legion is actually nothing more than a federally chartered corporation (footnote 2) - it is not a federal or government entity as some might believe.
While staff continue to allow inmates to be extorted and victimized by gang members and their leaders - whether it's for institutional need, staff indifference, or fear of reprisal, one has to look very carefully to find a difference between traditional gang activity and the activities of those inmate 'officers' of the American Legion at the ISCC --- and that line becomes more blurred each and every day.
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[footnote 1] United States Code Service
TITLE 36. PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS (§§ 101 - 300113)
Subtitle II. Patriotic and National Organizations (Pts. A - B)
Part B. Organizations (§§ 20101 - 240112)
CHAPTER 217 The American Legion (§§ 21701 - 21708)
36 USC § 21703 Membership
An individual is eligible for membership in the corporation only if the individual -
(1) has served in the Armed Forces of
(A) the United States at any time during
(i) the period from April 6, 1917, through November 11, 1918 or
(ii) any time after December 7, 1941 or
(B) a government associated with the United States during a period or time referred to in subclause (A) of this clause and was a citizen of the United States when the individual entered that service and
(2) was honorably discharged or separated from that service or continues to serve honorably during or after that period or time.
36 U.S.C.S. § 21703 (LexisNexis, Lexis Advance through Public Law 117-177, approved September 16, 2022, with a gap of Public Law 117-169)
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[footnote 2] 36 USC §21701 Organization
(a) Federal charter. The American Legion (in this chapter [36 USCS §§ 21701et seq.], the corporation) is a federally chartered corporation.
(b) Perpetual existence. Except as otherwise provided, the corporation has perpetual existence.