Delaware DOC Restrictive Housing Policies
| Submitted | Nov. 10, 2022 |
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Communications
From: Jacob Wourms
To Whom It May Concern:
Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:
Electronic copies of Delaware Department of Corrections’ policies relating to restrictive housing (including policies on disciplinary segregation and administrative segregation or housing).
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.
Sincerely,
Jonathan Rudenberg, a citizen of Delaware, in coordination with Jacob Wourms.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Nov. 10, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Correction
Mr. Rudenberg;
In regards to your recent DE DOC FOIA request for electronic copies of Delaware Department of Corrections policies relating to restrictive housing including disciplinary and administrative segregation. From your request there is not a Delaware address provided, for that reason your request is being denied at this time. Please refer to the following Delaware Statute:
29 Del. C. §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.
With this response your DE DOC FOIA request is considered as answered and will be closed at this time.
Tim Martin
DE DOC
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~WRD1518
From: Muckrock Staff
Hello,
Please see attached. Thank you for your help with this request!
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Nov. 10, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Correction
Mr. Rudenberg;
In regards to your DE DOC FOIA request for a copy of the Department of Correction restrictive housing policy to include disciplinary/administrative segregation. See attached BOP 4.3 Policy.
With his response your DE DOC FOIA request is considered as answered and will be closed.
Tim Martin
DE DOC
245 McKee Rd
Dover, DE 19904
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~WRD0001
From: Wayne Byun
Dear Tim,
Thank you again for sharing Delaware's Restrictive Housing policy. The provided BOP 4.3 states the following: "Disciplinary detention shall be reviewed in accordance with BOP 4.2, Rules of Conduct." It furthermore states: "The Hearing Officer shall impose the sanction of disciplinary detention, as established in the Class I Offense Disciplinary Matrix."
Could you please share BOP 4.2 as well as the Class 1 Offense Disciplinary Matrix, as policies relating to restrictive housing per our original request?
Thank you very much.
From: Wayne Byun
Dear Tim,
On a related note, I was wondering if you would be able to clarify a possible discrepancy in the restrictive housing policy.
In BOP 4.3, it is stated that "NMI and MI offenders sanctioned to disciplinary detention shall, at a minimum, be offered five (5) hours of unstructured recreation per week."
However, in your department's recent press release (https://doc.delaware.gov/assets/documents/newsroom/2020/20press0921.pdf), it is stated that " According to DOC policy, inmates in disciplinary
detention receive 10 hours per week of out-of-cell recreation."
Could you please clarify for us which is the correct or more up to date policy, and confirm for us the official number of out-of-cell recreation time offered to those in disciplinary detention?
Thank you very much.
From: Department of Correction
Mr. Rudenberg,
You previously filed a DE DOC FOIA request for BOP Policy 4.3, which was provided to you. You know wish to also receive BOP Policy 4.2 in addition to your original request for 4.3. See BOP 4.2, be advised that this Policy (4.2) is from 2021 while 4.3 was 2019 – both are the current editions of the respective policies. The matrix is attachment #1 included in Policy 4.2.
With this second response, your DE DOC FOIA request is closed.
Tim Martin
DE DOC
245 McKee Rd
Dover, DE 19904
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~WRD2453
From: Department of Correction
Mr. Rudenberg,
This is your second ‘follow up’ to the original DE DOC FOIA request for BOP Policy 4.3, which was provided to you with the first request for such. The first ‘follow up’ then asked for BOP 4.2 as referred to in 4.3 that you have also now received. Your newest follow up asks for clarification regarding recreation for disciplinary detention offenders. Please note that 4.3 currently dates to 2019, 4.2 is dated to 2021 while the press release you refer to is from 2020. The recreation portion of 4.2 is found on pages 17, 18.
Tim Martin
DE DOC
245 McKee Rd
Dover, DE 19904
-
~WRD0703
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