Local level SAEK policies/data (Alameda County)

Vanessa Nason filed this request with the Alameda County Sheriff's Office of Alameda County, CA.
Tracking #

17-075

Est. Completion None
Status
Fix Required

Communications

From: Vanessa Nason

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

Any and all statistics, data, reports, audits, policies, and procedures pertaining to the following items regarding sexual assault evidence collection (SAEC) kits (also known as "rape kits") and processing:

• all standard operating procedures regarding the SAEC process

• any written policies or procedures regarding department practices on the acquisition of or handling of rape kit evidence, including protocols for its collection, testing, and delegation and transfer to all other possibly relevant locations, laboratories, or agencies

• the number of kits collected and booked into evidence from the period of January 1, 2000 through the date this request is processed

• the number of kits that have been processed by a public or private crime or forensic laboratory or equivalent processing location from the period of January 1, 2000 through the date this request is processed

• the number of unprocessed kits in any storage facilities currently under the department’s jurisdiction and control, including those held by medical personnel or at external laboratory locations

• any materials regarding the status or ultimate disposition of cases in which a kit was collected. Please include all available segregable data.

• all audits involving this agency regarding the collection or backlog of SAEC kits

• all proposed alterations or yet-to-be-implemented changes to the policies and procedures regarding the collection, testing, and use of SAEC kits

If there any questions about this request, please feel free to call us at the MuckRock office at 617-299-1832.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Vanessa Nason

From: Wilson, Cynthia R., Sheriff

Dear Ms. Nason,

Pursuant to California Government Code Section 6253(c), we write in response to the inquiry that you made to the Alameda County Sheriff's Office under the California Public Records Act, which we received on, April 21, 2017. We are submitting this response within the ten day period for response set out in Government Code Section 6253(c).
The Alameda County Sheriff's Office is exercising its right to a fourteen day extension to respond to the Request because as drafted, the Request will require the need to search for and appropriately examine a potentially voluminous amount or separate and distinct records that are demanded in the Request. Our deadline to respond is now May 15, 2017.
Best regards,
Cynthia Wilson

Alameda County Sheriff's Office - Internal Affairs
Cynthia Wilson - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
cwilson@acgov.org |https://www.alamedacountysheriff.org/

From: Wilson, Cynthia R., Sheriff

Dear Ms. Nason,

Pursuant to California Government Code Section 6253(c), we write in response to the inquiry that you made to the Alameda County Sheriff's Office under the California Public Records Act, which we received on, April 21, 2017. We note that the Requests are limited only to records in our custody and control.
Please note that we will not produce documents that are privileged or otherwise exempt from disclosure pursuant to California Government Code Section 6254(k). This includes documents protected by the attorney-client privilege, attorney work product, and official information privileges.

No preliminary drafts or memorandum not normally kept in the ordinary course of business will be produced pursuant to California Government Code Section 6254(a).

We will not produce documents that are subject to copyright protections, contain trade secrets, and/or proprietary and/or confidential information. See California Government Code Sections 6253.9, 6254(k), 6254.9; California Evidence Code section 1060.

We will not produce documents exempt from disclosure under the deliberative process privilege. See Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325.

No documents will be produced where "the public interest served by not disclosing the record clearly outweighs the public interest by the disclosure of the record" under California Government Code Section 6255. Additionally, no documents will be produced if they contain personnel, medical, private, confidential, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy under California Government Code Section 6254(c). And, to the extent any of the records you are requesting are the subject of ongoing litigation and/or pending investigations, and/or are law enforcement investigatory records, such records are exempt from production. See Government Code Sections 6254 (b), (f).

In addition, no documents or records will be produced to the extent such a production would violate California Penal Code §§ 832.7, 832.8, 11076, 13072, or Evidence Code § 1043.

Furthermore, as we review your Requests, we may discover other applicable privileges and/or exemptions under Government Code Sections 6254, 6255, 6256 or other applicable laws, and we reserve all rights to assert those at any time.

The Alameda County Sheriff's Office is in the process of determining if it has some responsive, non-exempt documents in regards to your Request. After review, we will have a cost estimate for you (if any), and upon receipt of payment from you (if any), we will produce these materials. If deemed necessary, we may have to produce on a rolling basis.
Best regards,

Cynthia Wilson

Alameda County Sheriff's Office - Internal Affairs
Cynthia Wilson - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
cwilson@acgov.org |https://www.alamedacountysheriff.org/

From: Wilson, Cynthia R., Sheriff

Dear Ms. Nason,

This Request is still in the hands of the Crime Lab. They are still working on this. I will see if they can give me an estimate.

Sincerely,

Cynthia Wilson

Alameda County Sheriff’s Office - Internal Affairs
Cynthia Wilson - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
cwilson@acgov.org |https://www.alamedacountysheriff.org/

From: Wilson, Cynthia R., Sheriff

Dear Ms. Nason,

In reference to your Request, I have been told that it will take approximately another 30 days.

Sincerely,

Cynthia Wilson

Alameda County Sheriff’s Office - Internal Affairs
Cynthia Wilson - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
cwilson@acgov.org |https://www.alamedacountysheriff.org/

From: Wilson, Cynthia R., Sheriff

Dear Ms. Nason,

Pursuant to California Government Code section 6253(c), we write in response to the inquiry that you made to the Alameda County Sheriff's Office under the California Public Records Act, which we received on, April 21, 2017. We note that the Requests are limited only to records in our custody and control.
We have found documents responsive to your request regarding the sexual assault evidence collection process.

The disk duplication cost is $1.00.

Please remit a check made payable to the Alameda County Sheriff's Office for $1.00 and mail the check to the address listed below. Upon receipt of payment, the records will be provided to you.

Alameda County Sheriff's Office
Attn: Judea Mulder
1401 Lakeside Drive, 7th Floor
Oakland, CA 94612

Best regards,

Cynthia Wilson

Alameda County Sheriff's Office - Internal Affairs
Cynthia Wilson - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
cwilson@acgov.org<mailto:cwilson@acgov.org> |https://www.alamedacountysheriff.org/

From: Vanessa Nason

To Whom It May Concern:

Please find enclosed a check for $1.00 to satisfy the fee associated with the attached public records request.

Thank you.

From: Alameda County Sheriff's Office

Dear Ms. Nason,

I will be sending the CD via US mail in the morning. I'm attaching some additional documentation in regards to your request.

* The Crime Laboratory has no policies regarding acquisition, collecting, delegation, or transfer of sexual assault kits.

* The Crime Laboratory had 130 sexual assault kits pending testing as of the completion of this request which was July 11, 2017. The Crime Laboratory does not have information regarding the number of kits which might be held by other Agency units or outsource labs.

* The Crime Laboratory does not have access to information in reference to materials regarding the status or ultimate disposition of cases in which a kit was collected.

* The Crime Laboratory is not aware of any audits in reference to the collection or backlog of SAEC kits.

* The Crime Laboratory is continually evaluating its testing practices but currently has no written documentation regarding proposed alterations or yet-to-be implemented changes to the policies and procedures regarding the collection, testing, and use of SAEC kits.

* The number of kits collected and booked into evidence with Alameda County Sheriff's office, from the period of January 1, 2000 through the date this request is processed: 580 as of July 14, 2014 ( Destroyed: 377, Lab tested: 67, RADS tested: 151, Not tested: 50)
Best regards,

Cynthia Wilson

Alameda County Sheriff's Office - Internal Affairs
Cynthia Wilson - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
cwilson@acgov.org |https://www.alamedacountysheriff.org/

From: Alameda County Sheriff's Office

A copy of documents responsive to the request.

Warning An exclamation point.

There are too many files to display on this communication. See all files

From: Vanessa Nason

Hi,

I'm just wondering what crime laboratory this information is from? You wrote that this "...does not [include] information regarding the number of kits which might be held by other Agency units or outsource labs."

Which other Agency units or outsourced labs might have supplemental data?

Thanks!
Vanessa

From: Alameda County Sheriff's Office

Ms. Nason,

The written response is from our Crime Lab. I’m assuming he’s referring to Crime Labs associated with neighboring law enforcement agencies, such as the Oakland Police Department, the Alameda Police Department and so forth. I can’t say what they may or may not have.
Regards,

Cynthia Wilson

Alameda County Sheriff’s Office - Internal Affairs
Cynthia Wilson - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
cwilson@acgov.org |https://www.alamedacountysheriff.org/

From: Vanessa Nason

Okay, Thanks! As part of my request, can I please receive guiding policies and directives regarding the SAEC process for the sheriff's office?

Thanks,
Vanessa

From: Alameda County Sheriff's Office

Vanessa,

Did you already receive the disk? The Crime Lab employee who assisted on this Request has informed me the answer to your question should be there.

Cynthia

Alameda County Sheriff’s Office - Internal Affairs
Cynthia Wilson - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
cwilson@acgov.org |https://www.alamedacountysheriff.org/

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