Use of force records for 4 facilities, February 2023
| Tracking # |
C010966-043023 |
| Submitted | April 29, 2023 |
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Communications
From: John Lindsay-Poland
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Records for all incidents that involved uses of force on inmates, occurring in February 2023, for the following facilities:
California Medical Facility (CMF)
Central California Women’s Facility (CCWF)
High Desert State Prison (HDSP)
North Kern State Prison (NKSP)
Please provide the following records for these incidents:
1. Incident report forms (CDCR 837 Crime/Incident Report Forms)
2. Incidents involving use of force on inmates that were documented in the Incident Report Tracking (IRT) system in the Department’s electronic database rather than using CDCR 837 Forms.
3. All use of force review forms (CDCR Form 3010 Incident Commander's Review/Critique Use of Force Incidents).
When applicable, please provide any tabular data in machine readable format (e.g. csv, Excel, or similar file format).
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
RE: PUBLIC RECORDS ACT REQUEST of 4/30/2023, Reference # C010966-043023
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 April 30, 2023 and given the reference number C010966-043023 for tracking purposes.
Records Requested: To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Records for all incidents that involved uses of force on inmates, occurring in February 2023, for the following facilities:
California Medical Facility (CMF)
Central California Women’s Facility (CCWF)
High Desert State Prison (HDSP)
North Kern State Prison (NKSP)
Please provide the following records for these incidents:
1. Incident report forms (CDCR 837 Crime/Incident Report Forms)
2. Incidents involving use of force on inmates that were documented in the Incident Report Tracking (IRT) system in the Department’s electronic database rather than using CDCR 837 Forms.
3. All use of force review forms (CDCR Form 3010 Incident Commander's Review/Critique Use of Force Incidents).
When applicable, please provide any tabular data in machine readable format (e.g. csv, Excel, or similar file format).
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
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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
From: John Lindsay-Poland
Hello, can we get a status update on this PRA request? Thank you!
From: Department of Corrections and Rehabilitation
--- Please respond above this line ---
RE: PUBLIC RECORDS ACT REQUEST April 30, 2023, Reference # C010966-043023
Dear John Lindsay-Poland,
This letter is in response to your Public Records Act request dated April 30, 2023.
Please see the attached No Responsive Documents Letter.
If you have any questions or need additional information, you can manage your request through the CDCR PUBLIC RECORDS PORTAL.
Sincerely,
CDCR OLA SB1421 PRA Request Team
CA Department of Corrections and Rehabilitation
From: John Lindsay-Poland
Reference # C010966‐043023
Dear CDCR PRA request team:
I am in receipt of your letter dated May 11, 2023, in response to my California Public Records Act (CPRA) request dated April 30, 2023, in which you state that CDCR has determined it has no responsive records. I am writing to appeal that determination.
My request was for:
"Records for all incidents that involved uses of force on inmates, occurring in February 2023, for the following facilities:
California Medical Facility (CMF)
Central California Women’s Facility (CCWF)
High Desert State Prison (HDSP)
North Kern State Prison (NKSP)
Please provide the following records for these incidents:
1. Incident report forms (CDCR 837 Crime/Incident Report Forms)
2. Incidents involving use of force on inmates that were documented in the Incident Report Tracking (IRT) system in the Department’s electronic database rather than using CDCR 837 Forms.
3. All use of force review forms (CDCR Form 3010 Incident Commander's Review/Critique Use of Force Incidents)."
According to CDCR COMPSTAT Incident Report (published at https://www.cdcr.ca.gov/research/wp-content/uploads/sites/174/2023/04/CompStat_Incident_Report_d2303.pdf), in February 2023 at these four facilities there were 18, 19, 9 and 34 "documented uses of force”. That the COMPSTAT report described these uses of force as “documented” demonstrates that records were created of these incidents. Moreover, according to Section 51020.17 of the CDCR Operations Manual, uses of force by CDCR staff generate a series of documentation requirements, including CDCR 837 Incident Report Forms. According to Section 51020.19.1, Incident Commanders must review Incident Reports and complete a CDCR 3010 form. Additionally, according to recently adopted departmental regulations (published at: https://www.cdcr.ca.gov/regulations/wp-content/uploads/sites/171/2022/12/NCR-21-03-Final-Approval.pdf), section 3268.1. Reporting and Investigating the Use of Force for Institution/ or Facility Staff, documentation should be reported using the IRT system (which contains the same information as referenced forms) or CDCR 837 forms. Eighty uses of force in these facilities should have required the production of at least dozens of records. A no responsive records finding is not credible.
Your response did not indicate that such records are exempt from the CPRA, in part or in whole. Should you consider any portions of these records to be exempt, I request that you identify the exemptions and release those portions of the records that are not exempt, as required by the CPRA.
Thank you for your attention. I look forward to your response to this appeal.
Sincerely,
John Lindsay-Poland
From: John Lindsay-Poland
Hello, can I please get a response to my last message? Thank you!
From: Department of Corrections and Rehabilitation
--- Please respond above this line ---
RE: PUBLIC RECORDS ACT REQUEST April 30, 2023, Reference # C010966-043023
Dear John Lindsay-Poland,
This letter is in response to your Public Records Act request dated April 30, 2023.
Please see the attached Response Letter.
If you have any questions or need additional information, you can manage your request through the CDCR PUBLIC RECORDS PORTAL.
Sincerely,
CDCR OLA SB1421 PRA Request Team
CA Department of Corrections and Rehabilitation
From: John Lindsay-Poland
Dear CDCR OLA SB1421 PRA Request Team,
Thank you for your response dated June 23 to my appeal on this PRA request. It was very helpful.
In your response, you stated that, "if you are looking for incident reports separate from officer discipline records created by CMF, CCWF, HDSP and NKSP, we will need to route that request to those institutions, since they hold those records and we do not. Please advise us if you are seeking these types of records and we will send a message to these four institutions through the PRP to get them started working on those requests."
I would indeed like you to route my request for incident reports separate from officer discipline records, created CMF, CCWF, HDSP and NKSP for use of force incidents occurring in February 2023, and I request that you do so.
I look forward to your update in two months on disciplinary records from our original request that may have been adjudicated so that they are no longer investigatory records.
Sincerely,
John Lindsay-Poland
From: Department of Corrections and Rehabilitation
--- Please respond above this line ---
RE: PUBLIC RECORDS ACT REQUEST April 30, 2023, Reference # C010966-043023
Dear John Lindsay-Poland,
This letter is in response to your Public Records Act request dated April 30, 2023.
Please see the attached response letter.
If you have any questions or need additional information, you can manage your request through the CDCR PUBLIC RECORDS PORTAL.
Sincerely,
CDCR OLA SB1421 PRA Request Team
CA Department of Corrections and Rehabilitation
From: Department of Corrections and Rehabilitation
--- Please respond above this line ---
RE: PUBLIC RECORDS ACT REQUEST April 30, 2023, Reference # C010966-043023
Dear John Lindsay-Poland,
This letter is in response to your Public Records Act request dated April 30, 2023.
Please see the attached Exemption Letter.
If you have any questions or need additional information, you can manage your request through the CDCR PUBLIC RECORDS PORTAL.
Sincerely,
CDCR OLA SB1421 PRA Request Team
CA Department of Corrections and Rehabilitation
From: John Lindsay-Poland
Dear CDCR OLA SB1421 PRA Request Team,
On April 30, 2023, I requested of CDCR:
"Records for all incidents that involved uses of force on inmates, occurring in February 2023, for the following facilities:
California Medical Facility (CMF)
Central California Women’s Facility (CCWF)
High Desert State Prison (HDSP)
North Kern State Prison (NKSP)
Please provide the following records for these incidents:
1. Incident report forms (CDCR 837 Crime/Incident Report Forms)
2. Incidents involving use of force on inmates that were documented in the Incident Report Tracking (IRT) system in the Department’s electronic database rather than using CDCR 837 Forms.
3. All use of force review forms (CDCR Form 3010 Incident Commander's Review/Critique Use of Force Incidents)."
In your June 23, 2023 response to my appeal of a no responsive records finding, you stated that "if you are looking for incident reports separate from officer discipline records created by CMF, CCWF, HDSP and NKSP, we will need to route that request to those institutions, since they hold those records and we do not. Please advise us if you are seeking these types of records and we will send a message to these four institutions through the PRP to get them started working on those requests."
In my response to this communication on June 29, 2023, I stated that "I would indeed like you to route my request for incident reports separate from officer discipline records, created CMF, CCWF, HDSP and NKSP for use of force incidents occurring in February 2023, and I request that you do so."
Subsequently, I received followup on the separate request to continue to review disciplinary records, in an August 22, 2023 letter that simply restated the SB1421 unit's no responsive records finding, , and in a September 6, 2023 exemption letter for a record that was subsequently identified.
However, I have seen no indication that the unit forwarded my request to the four institutions about which the original request centered, for non-disciplinary records related to documented use of force incidents in those institutions in February 2023, after offering and my affirmative request to do so in June of last year.
Please let me know whether this request was ever forwarded to these four institutions, and if so, on what date and any responses you have received. If you did not forward this request to those institutions, please also inform me.
Thanks for your help.
Sincerely,
John Lindsay-Poland
From: Department of Corrections and Rehabilitation
--- Please respond above this line ---
RE: PUBLIC RECORDS ACT REQUEST April 30, 2023, Reference # C010966-043023
Dear John Lindsay-Poland,
This letter is in response to your Public Records Act request dated April 30, 2023 in which you requested the following records:
"To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Records for all incidents that involved uses of force on inmates, occurring in February 2023, for the following facilities:
California Medical Facility (CMF)
Central California Women’s Facility (CCWF)
High Desert State Prison (HDSP)
North Kern State Prison (NKSP)
Please provide the following records for these incidents:
1. Incident report forms (CDCR 837 Crime/Incident Report Forms)
2. Incidents involving use of force on inmates that were documented in the Incident Report Tracking (IRT) system in the Department’s electronic database rather than using CDCR 837 Forms.
3. All use of force review forms (CDCR Form 3010 Incident Commander's Review/Critique Use of Force Incidents).
When applicable, please provide any tabular data in machine readable format (e.g. csv, Excel, or similar file format).
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
The CA Department of Corrections and Rehabilitation is denying your request for CDCR Form 837 and CDCR Form 3010 Incident Commander's Review/Critique Use of Force Incidents because they are exempt from disclosure based upon the following exemptions:
Gov code 7923.600; Williams v. Superior Court, (1993)5 Cal.4th 337, 355
Additionally, not all use of force incidents are disclosable under Penal Code 832.7(b). Only incident reports and investigative files regarding those uses of force found to be unreasonable, excessive, or those resulting in great bodily injury or death are disclosable.
CDCR will initiate a database query for the 80 use of force incidents mentioned in your request to determine if any cases are disclosable under Penal Code 832.7(b). We expect to provide you with an update by May 2, 2024.
Because this request is duplicative of PRA request # M015770-040824-043023, all future correspondence on this request will occur under that request number and request number C010966-043023 will remain closed.
If you have any questions or need additional information, you can manage your request through the CDCR PUBLIC RECORDS PORTAL.
Sincerely,
Kayla Ronzone
PRA Coordinator
CA Department of Corrections and Rehabilitation To monitor the progress or update this request please log into the CDCR PUBLIC RECORDS PORTAL
From: Department of Corrections and Rehabilitation
--- Please respond above this line ---
RE: PUBLIC RECORDS ACT REQUEST April 30, 2023, Reference # C010966-043023
Dear John Lindsay-Poland,
This letter is in response to your Public Records Act request dated April 30, 2023 in which you requested the following records:
"To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Records for all incidents that involved uses of force on inmates, occurring in February 2023, for the following facilities:
California Medical Facility (CMF)
Central California Women’s Facility (CCWF)
High Desert State Prison (HDSP)
North Kern State Prison (NKSP)
Please provide the following records for these incidents:
1. Incident report forms (CDCR 837 Crime/Incident Report Forms)
2. Incidents involving use of force on inmates that were documented in the Incident Report Tracking (IRT) system in the Department’s electronic database rather than using CDCR 837 Forms.
3. All use of force review forms (CDCR Form 3010 Incident Commander's Review/Critique Use of Force Incidents).
When applicable, please provide any tabular data in machine readable format (e.g. csv, Excel, or similar file format).
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
The CA Department of Corrections and Rehabilitation is denying your request for CDCR Form 837 and CDCR Form 3010 Incident Commander's Review/Critique Use of Force Incidents because they are exempt from disclosure based upon the following exemptions:
Gov code 7923.600; Williams v. Superior Court, (1993)5 Cal.4th 337, 355
Additionally, not all use of force incidents are disclosable under Penal Code 832.7(b). Only incident reports and investigative files regarding those uses of force found to be unreasonable, excessive, or those resulting in great bodily injury or death are disclosable.
CDCR will initiate a database query for the 80 use of force incidents mentioned in your request to determine if any cases are disclosable under Penal Code 832.7(b). We expect to provide you with an update by May 2, 2024.
Because this request is duplicative of PRA request # M015770-040824-043023, all future correspondence on this request will occur under that request number and request number C010966-043023 will remain closed.
If you have any questions or need additional information, you can manage your request through the CDCR PUBLIC RECORDS PORTAL.
Sincerely,
Kayla Ronzone
PRA Coordinator
CA Department of Corrections and Rehabilitation
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