COVID-19 @ Corrections, BoP(s), Correctional Facilities/Institutions (Department of Correction)

Emma North-Best filed this request with the Department of Correction of Delaware.
Multi Request COVID-19 @ Corrections, BoP(s), Correctional Facilities/Institutions
Status
Rejected

Communications

From: Jonathan Rudenberg


To Whom It May Concern:

Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:

Records describing the co-pay for each medical service at each applicable facilities

Records describing the number of inmates reported to infirmary between September 2019 and the date of the processing of this request

Records describing the number of inmates reported respiratory/breathing issues, flu-like or pneumonia-like symptoms between September 2019 and the date of the processing of this request

Records describing the number of inmates were referred to higher level of care, how many were sent to outside facilities, how many outside medical personnel visited each prison/facility between September 2019 and the date of the processing of this request

Records describing the number COVID-19 tests each prison has performed, how many ordered, process for testing between September 2019 and the date of the processing of this request

Records describing the number of units of soap, shampoo and other personal hygiene and sanitary, sanitizing or cleaning products distributed from September until now, how many sold from commissary, how many distributed normally, how many were requested by prisoners between September 2019 and the date of the processing of this request

Records describing the number of units of clothing sold in commissary, sanitary pads, coffee filters between September 2019 and the date of the processing of this request between September 2019 and the date of the processing of this request

Records describing transfers in and out of each prison between September 2019 and the date of the processing of this request

Records describing statistics on BOP prisoners in overflow or other non-BOP facilities i.e. county, city, state jails, as well as those listed "not in BOP custody" between September 2019 and the date of the processing of this request

Records describing monthly prison populations between September 2019 and the date of the processing of this request

Records describing the number of prisoners released each month between September 2019 and the date of the processing of this request

Emails and memos from senior management/leadership on compassionate release due to COVID-19 between September 2019 and the date of the processing of this request

Compassionate release guidance both general and specific to COVID-19, released or in effect between September 2019 and the date of the processing of this request

Records describing the ordered quantities of the medications 4E2RCat, ABBV-744, Camostat, Captopril, CB5083, Chloramphenicol, Chloroquine, Compound 10, Compound 2, CPI-0610, Dabrafenib, DBeQ, dBET6, IHVR-19029, Linezolid, Lisinopril, Minoxidil, ML240, MZ1, Nafamostat, Pevonedistat, PS3061, Rapamycin (Sirolimus), Sanglifehrin A, Sapanisertib (INK128/MlN128), FK-506 (Tacrolimus), Ternatin 4 (DA3), Tigecycline, Tomivosertib (eFT-508), Verdinexor, WDB002, Zotatifin (eFT226), Loratadine, Daunorubicin, Midostaurin, Ponatinib, Silmitasertib , Valproic Acid, Haloperidol, Metformin, Migalastat, S-verapamil, Indomethacin, Ruxolitinib, Mycophenolic acid, Entacapone, Ribavirin, E-52862, Merimepodib, RVX-208, XL413, AC-55541, Apicidin, AZ3451, AZ8838, Bafilomycin A1, CCT 365623, GB110, H-89, JQ1, PB28, PD-144418, RS-PPCC, TMCB, UCPH-101, ZINC1775962367, ZINC4326719, ZINC4511851, ZINC95559591, favipiravir, hydroxychloroquine, zinc, azithromycin, between September 2019 and the date of the processing of this request

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and The Outline, among others. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the library Internet Archive and the journalist non-profit MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

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 15 business days, as the statute requires.

Please note that I am a citizen of Delaware, and am using MuckRock's services to help manage and track my request.

Sincerely,

Jonathan Rudenberg

From: Department of Correction

Mr. Rudenburg,

In response to your latest DOC FOIA request for inmate medical co-pays for services, number of inmates reported to the infirmary with respiratory/breathing, flu or pneumonia-like issues or symptoms, COVID-19
tests administered, personal hygiene and sanitizing products and clothing sold, and records of transfers in
and out of each facility.

Pursuant to Delaware Statute, your request is hereby denied. Please see 29 Del. C. §10001, 10002.
§ 10001. Declaration of policy.
It is vital in a democratic society that public business be performed in an open and public manner so that our citizens shall have the opportunity to observe the performance of public officials and to monitor the decisions that are made by such officials in formulating and executing public policy; and further, it is vital that citizens have easy access to public records in order that the society remain free and democratic. Toward these ends, and to further the accountability of government to the citizens of this State, this chapter is adopted, and shall be construed.

·

§ 10002. Definitions.
(l) "Public record" is information of any kind, owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected, by any public body, relating in any way to public business, or in any way of public interest, or in any way related to public purposes, regardless of the physical form or characteristic by which such information is stored, recorded or reproduced. For purposes of this chapter, the following records shall not be deemed public:

(1) Any personnel, medical or pupil file, the disclosure of which would constitute an invasion of personal privacy, under this legislation or under any State or federal law as it relates to personal privacy;

(6) Any records specifically exempted from public disclosure by statute or common law;

(9) Any records pertaining to pending or potential litigation which are not records of any court;

(17)
a. The following records, which, if copied or inspected, could jeopardize the security of any structure owned by the State or any of its political subdivisions, or could facilitate the planning of a terrorist attack, or could endanger the life or physical safety of an individual:

1. Response procedures or plans prepared to prevent or respond to emergency situations, the disclosure of which would reveal vulnerability assessments, specific tactics, specific emergency procedures or specific security procedures.

4. Records prepared to prevent or respond to emergency situations identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features or capabilities of individual medical facilities, storage facilities, or laboratories established, maintained or regulated by the State or any of its political subdivisions.

With this response, your DOC FOIA request is considered as answered and will thereby be closed.

Tim Martin
DE DOC

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