Purchase records and 'less lethal' use records

John Lindsay-Poland filed this request with the Department of Corrections and Rehabilitation of California.

It is a clone of this request.

Tracking #

M007272-112822

Status
Completed

Communications

From: John Lindsay-Poland

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

1. Records of deployment by facilities under the management CDCR, disaggregated by facility, since January 1, 2018 of projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents; explosives and pyrotechnics, such as "flashbang" grenades and explosive breaching tools; and chemical weapons such as "teargas" and "pepper balls".

As a reference, CDCR responded to Public Records Act request #M003971-122821 with spreadsheets of statistical data on deployments since January 1, 2020 of each of these types of equipment system-wide. (see attached) We are requesting such data broken down by facility, since January 1, 2018.

2. In addition, we request records of deployment of the above types of equipment since January 1, 2018, disaggregated by facility (or, if not available, then system-wide), that contain information (de-identified of individually identifying information) on use of force or injuries as a result of deployment of above types of equipment, including:
a) race and age of persons impacted;
b) types of areas in the facility where such force was used or injury occurred through use of the equipment (e.g. yard, cell, cafeteria)
c) number of infirmary or hospital admissions as a result of use of force.

We ask that you release information as it becomes available to you, rather than waiting for determinations and reviews on the entire request.

If you would like to discuss this request, please feel free to reach out to me, John Lindsay-Poland, American Friends Service Committee, at 510-282-8983.

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 10 calendar days, as the statute requires.

Sincerely,

John Lindsay-Poland

From: Department of Corrections and Rehabilitation

Dear John Lindsay-Poland,

Thank you for registering with the CDCR PUBLIC RECORDS PORTAL.

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From: Department of Corrections and Rehabilitation

RE: PUBLIC RECORDS ACT REQUEST of 11/28/2022, Reference # M007272-112822

Dear John Lindsay-Poland,
Thank you for your interest in public records of the California Department of Corrections and Rehabilitation (CDCR). Your request has been received and is being processed in accordance with the California Public Records Act, Government Code section 6250 et seq. Your request was received on November 28, 2022 and given the reference number M007272-112822 for tracking purposes.
Records Requested: 1. Records of deployment by facilities under the management CDCR, disaggregated by facility, since January 1, 2018 of projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents; explosives and pyrotechnics, such as "flashbang" grenades and explosive breaching tools; and chemical weapons such as "teargas" and "pepper balls".
As a reference, CDCR responded to Public Records Act request #M003971-122821 with spreadsheets of statistical data on deployments since January 1, 2020 of each of these types of equipment system-wide. (see attached) We are requesting such data broken down by facility, since January 1, 2018.
2. In addition, we request records of deployment of the above types of equipment since January 1, 2018, disaggregated by facility (or, if not available, then system-wide), that contain information (de-identified of individually identifying information) on use of force or injuries as a result of deployment of above types of equipment, including:
a) race and age of persons impacted;
b) types of areas in the facility where such force was used or injury occurred through use of the equipment (e.g. yard, cell, cafeteria)
c) number of infirmary or hospital admissions as a result of use of force.
Your request will be forwarded to the relevant CDCR department(s) to locate the information you seek and to determine the volume and any costs that may be associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The California Public Records Act does not require a governmental body to create new information, to do legal research, or to answer questions.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.
CA Department of Corrections and Rehabilitation
To monitor the progress or update this request please log into the CDCR PUBLIC RECORDS PORTAL (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HaJ6tbcV1xdwArn59Bvx8BURzfwdC-2FM1yOI7Szen3j-2FRdvI-2BsC-2FiZSCeeOzkKTTIiYh78tSzmBbjNgDH1hwbCnQ-3DONTz_laP2c-2BXPKF6Zr-2BveHgpVzpLMBW-2FTorAvDJVlGnU8tEXxq3VMzQemPPA-2F0VfB4LC9pEjqH0I3y-2F7OugcOxleJPYlKYZm9t-2ByP6GhUDrXWdN2JRbkzsqSCMukYfsjTHvDUVcFQdnprx7S5aKXa6FDHTjwnoqP2H2srFzLrXPrdqZ0vG5XRh2LqW4fYuXQ3a72EclPdyalg37bztV1Ghbk5keHtFB-2BjYQf6YFSiN1dkI82YX65SuAnxJ6I-2B-2FW0XMvJhoZKkYB5rQfEBX8cRZvtWFRki1BkDdjKDNfuelxKAOWEAaLdLCDwmsTQQCGSMd-2BIxuLxB-2FYpiwEFpZagPzSPX1-2BYcsF7VJQu2GkNJbHt11GK-2F3wSv-2Fp9LVigVY-2Fvu-2FmykiPsrg1s3kf4GaUnL3vee-2FQ-3D-3D)

From: Department of Corrections and Rehabilitation

--- Please respond above this line ---


RE: PUBLIC RECORDS ACT REQUEST November 28, 2022, Reference # M007272-112822

Dear John Lindsay-Poland,

This letter is in response to your Public Records Act request dated November 28, 2022 in which you requested the following records:
"1. Records of deployment by facilities under the management CDCR, disaggregated by facility, since January 1, 2018 of projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents; explosives and pyrotechnics, such as "flashbang" grenades and explosive breaching tools; and chemical weapons such as "teargas" and "pepper balls".
As a reference, CDCR responded to Public Records Act request #M003971-122821 with spreadsheets of statistical data on deployments since January 1, 2020 of each of these types of equipment system-wide. (see attached) We are requesting such data broken down by facility, since January 1, 2018.
2. In addition, we request records of deployment of the above types of equipment since January 1, 2018, disaggregated by facility (or, if not available, then system-wide), that contain information (de-identified of individually identifying information) on use of force or injuries as a result of deployment of above types of equipment, including:
a) race and age of persons impacted;
b) types of areas in the facility where such force was used or injury occurred through use of the equipment (e.g. yard, cell, cafeteria)
c) number of infirmary or hospital admissions as a result of use of force."

Your request is under review and a 14-day extension of time is necessary under Government Code Section 6253(c) to determine whether your request seeks copies of disclosable public records in CDCR’s possession. The extension of time is necessary due to: The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.
We expect to provide you with a determination on or before 12/22/2022.

If you have any questions or need additional information, you can manage your request through the CDCR PUBLIC RECORDS PORTAL.

Sincerely,

Kayla Ronzone
CA Department of Corrections and Rehabilitation
To monitor the progress or update this request please log into the CDCR PUBLIC RECORDS PORTAL (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HaJ6tbcV1xdwArn59Bvx8BURzfwdC-2FM1yOI7Szen3j-2FRNcWck-2F41fJXjufZWClgpM2lWunANHVgRH6Mx1lwjXbWUavA0uJa-2BR-2BswYLTLV2ShuQCCtu2av4Np3AmEmjud7w-3D-3DQS3B_laP2c-2BXPKF6Zr-2BveHgpVzpLMBW-2FTorAvDJVlGnU8tEXxq3VMzQemPPA-2F0VfB4LC9pEjqH0I3y-2F7OugcOxleJPRAPhxQM0fyHvvZAwLLZA3Z4T41TEYk9hYs-2FBjY38PNhcEvkLMAvgsP2aZWPwLPk1QqtWMEsKvasB99E4j9t0mTJkFcfrlm1Gh0HEaHZCofeoWFH7Afiy9H7tfOpCpSYz9rg0-2BT3Kw9Cl-2BaEGeNqQzLIwcz3XCZ99IhlKthUguSLIXrohXRezkifN-2FS9VJ6FcgSp5MLDQ1KnOqSUV90AO-2BxkYwlFCLimwi32D1SoTGqpdAEdDSdVFA9QqLObpsUcqabSdyrSUaSQW2RkEMqeIHIX2-2F8FYYZOjGHJRqQ8w9xabVMKu8E1OmaXnG8n0gr-2BLQ-3D-3D)

From: Department of Corrections and Rehabilitation

--- Please respond above this line ---


RE: PUBLIC RECORDS ACT REQUEST November 28, 2022, Reference # M007272-112822
Dear John Lindsay-Poland,
This letter is in response to your Public Records Act request dated November 28, 2022 in which you requested the following records:
“1. Records of deployment by facilities under the management CDCR, disaggregated by facility, since January 1, 2018 of projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents; explosives and pyrotechnics, such as "flashbang" grenades and explosive breaching tools; and chemical weapons such as "teargas" and "pepper balls".
As a reference, CDCR responded to Public Records Act request #M003971-122821 with spreadsheets of statistical data on deployments since January 1, 2020 of each of these types of equipment system-wide. (see attached) We are requesting such data broken down by facility, since January 1, 2018.
2. In addition, we request records of deployment of the above types of equipment since January 1, 2018, disaggregated by facility (or, if not available, then system-wide), that contain information (de-identified of individually identifying information) on use of force or injuries as a result of deployment of above types of equipment, including:
a) race and age of persons impacted;
b) types of areas in the facility where such force was used or injury occurred through use of the equipment (e.g. yard, cell, cafeteria)
c) number of infirmary or hospital admissions as a result of use of force.”
The CA Department of Corrections and Rehabilitation has identified non-exempt public records responsive to your request. Uploaded you will find COMPSTAT reports for January 1, 2018, to January 1, 2020, broken out by institution. Please log in to the CDCR PUBLIC RECORDS PORTAL at the following link to retrieve these records.
Media - M007272-112822 (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HaJ6tbcV1xdwArn59Bvx8BURzfwdC-2FM1yOI7Szen3j-2FRiAiVLhhEpGitE6HKkV2EjQWv1H3iaePKqLsyKD19GCI-3DTtch_laP2c-2BXPKF6Zr-2BveHgpVzpLMBW-2FTorAvDJVlGnU8tEXxq3VMzQemPPA-2F0VfB4LC9pEjqH0I3y-2F7OugcOxleJPV0NVqqCC6RaVMV4KoySq8tJVcN5A-2Br28jCZQNwNHssbZ01fk2MvxILHd-2BcEiHPEES2Ue2QAJlZ28VAiKyszsuvpeYIXowmg6CufhgdgewlJxmD8dP9UtEEMHWrLJBRcfyjwWh4TEvTXz39jwFRtrCCIZr2t1R6X1Ma23xzKCSl1Ucr92qzp9JL-2Bc62sy6Y6Zg1kVr-2BgOVT9eQ8Qzfwk6ib2TChyp0mTlR2CJ0OUI2NsK3qQjNl0jtr350kKGGsYwuytWkkmORLu0ocYGz-2BSYasY-2F5gRiWOo7DwajFiaSoxp4EAeJM400MTfcN9ynpyKkQ-3D-3D) In response to the second portion of the request for injury data related to the ‘deployment of projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents; explosives and pyrotechnics, such as "flashbang" grenades and explosive breaching tools; and chemical weapons such as "teargas" and "pepper balls,” CDCR has no responsive documents that identify that an injury during an incident resulted directly from the deployment of such use of force equipment and not as a result of some other event. If you have any questions or need additional information, you can manage your request through the CDCR PUBLIC RECORDS PORTAL.

Sincerely,

Kayla Ronzone
CA Department of Corrections and Rehabilitation
To monitor the progress or update this request please log into the CDCR PUBLIC RECORDS PORTAL (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HaJ6tbcV1xdwArn59Bvx8BURzfwdC-2FM1yOI7Szen3j-2FRNcWck-2F41fJXjufZWClgpM2lWunANHVgRH6Mx1lwjXbWUavA0uJa-2BR-2BswYLTLV2ShuQCCtu2av4Np3AmEmjud7w-3D-3D0psE_laP2c-2BXPKF6Zr-2BveHgpVzpLMBW-2FTorAvDJVlGnU8tEXxq3VMzQemPPA-2F0VfB4LC9pEjqH0I3y-2F7OugcOxleJPV0NVqqCC6RaVMV4KoySq8tJVcN5A-2Br28jCZQNwNHssbZ01fk2MvxILHd-2BcEiHPEES2Ue2QAJlZ28VAiKyszsuvpeYIXowmg6CufhgdgewlJxmD8dP9UtEEMHWrLJBRcfyjwWh4TEvTXz39jwFRtrCCIZr2t1R6X1Ma23xzKCSl1K-2BIhD7YzxcEXdoLVriFHJtM9SdR-2FsfSrLJB88VSjirpeB2f-2BhuBTTEghef55-2Fazqm-2BOYiQ3HMMOKYlPCWE4Y-2FPKBV6D19WKq2fAfAAKvHtt6UoGT5uCmuO5BgGrzZTX-2FH6NecXDml0XbboTDZQxleQ-3D-3D)

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From: John Lindsay-Poland

Dear Ms. Ronzone,

Thank you very much for the disclosure of records in response to my Public Records Act request #M007272-112822 regarding the deployments of certain types of 'less lethal' weapons in CDCR facilities since January 1, 2018. I have two follow-up questions or requests.

First, the first part of my request - for "Records of deployment by facilities under the management CDCR, disaggregated by facility, since January 1, 2018 of projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents; explosives and pyrotechnics, such as "flashbang" grenades and explosive breaching tools; and chemical weapons such as "teargas" and "pepper balls"" - sought records of deployment "since January 1, 2018." The COMPSTAT records you have produced are for 2018 and 2019, and the 1-page highly-aggregated chart of numbers of uses in 2020-2021. Please indicate whether records of such deployments since January 1, 2020 have been identified, including COMPSTAT reports, and if so, disclose all releasable records.

Second, the second part of my request concerned "information (de-identified of individually identifying information) on use of force *OR* [emphasis added] injuries as a result of deployment of above types of equipment" on several data points for each instance (demographic, location, hospital). In your response, you state the "CDCR has no responsive documents that identify that an injury during an incident resulted directly from the deployment of such use of force equipment". However, my request was not only for this information when an *injury* occurred as a result of use of the equipment, but for the information also when there was any *use of force* with those types of equipment. Please identify records responsive to this part of my request, if any, and share those that are disclosable.

Thanks so much, with wishes for a good holiday.

John Lindsay-Poland

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