"Use of Force" Florida DOC audit reports

Beryl Lipton filed this request with the Department of Corrections of Florida.
Status
Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request the following records:

All reports produced as a result of the independent "use of force" audit announced by then-Secretary of the Department of Corrections Mike Crews. As reported by the Miami Herald (http://www.miamiherald.com/news/special-reports/florida-prisons/article2925586.html):

"These numbers prompted Michael Crews, secretary of the Department of Corrections, to announce this week that he is ordering an independent audit of the agency’s procedures and policies involving the use of force against inmates."

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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 would request your response within ten (10) business days.

Sincerely,

Beryl C.D. Lipton

From: Randall, Martin

Ms. Lipton,

The Department of Corrections is in receipt of your February 7, 2015, request for records relating to the Department’s “independent ‘use of force” audit.” Your request will be forwarded for processing to the Office of the Inspector General and the Bureau of Security Operations.

You will receive a cost estimate if records responsive to your request exist. Upon receipt of payment, non-confidential and non-exempt records will be produced or made available for inspection in accordance with Chapter 119 and section 945.10, Florida Statutes.

Martin Randall
Florida Department of Corrections
Office of the General Counsel
501 South Calhoun Street
Tallahassee, Florida 32399-2500
(850) 717-3439 - Office
(850) 922-4355 - Fax

________________________________
Our Vision: "Changing Lives to Ensure a Safer Florida"

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 7, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Randall, Martin

Ms. Lipton,

Our Director of Communications, McKinley Lewis, will be able to address your inquiry. Please give him a call at (850) 717-3038. Thanks.

Martin Randall
Florida Department of Corrections
Office of the General Counsel
501 South Calhoun Street
Tallahassee, Florida 32399-2500
(850) 717-3439 - Office
(850) 922-4355 - Fax

________________________________
Our Vision: "Changing Lives to Ensure a Safer Florida"

From: Beryl Lipton

Hello McKinley,

Thank you so much for your help earlier today. I'm hoping you can provide some clarification on this request, copied below. Mr. Randall in the Office of General Counsel suggested that I speak with you. This request is for a particular audit that former DOC head Michael Crews stated was taking place.

Thanks again!
Beryl

From: Lewis, McKinley

Beryl,

Please give me a call on my cell to discuss. Thanks!

McKinley Lewis
Communications Director
Florida Department of Corrections
501 South Calhoun Street
Tallahassee, Florida 32399-2500
Office: (850) 488-0420
Cell: (850) 597-4695
Direct: (850) 717-3038

From: Beryl Lipton

Hello McKinley,

I apologize for having missed your message. This article from October 16, 2014 (http://www.miamiherald.com/news/special-reports/florida-prisons/article2925586.html#storylink=cpy) states that then-Secretary of the Department of Corrections Michael Crews announced "that he is ordering an independent audit of the agency’s procedures and policies involving the use of force against inmates....The Association of State Corrections Administrators will conduct the audit through visits to the state’s prisons, inspections and other evaluations, according to a corrections department news release."

I'm interested in the results of this audit. Please let me know if I should try to call again so that we may discuss this further.

Thank you!
Beryl

From: Lewis, McKinley

Beryl,

This audit has not yet occurred, but I believe it will take place in the coming months.

Thanks,

McKinley Lewis
Communications Director
Florida Department of Corrections
501 South Calhoun Street
Tallahassee, FL 32399-2500
Office: (850) 488-0420
Cell: (850) 597-4695
Direct: (850) 717-3038

Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.

________________________________
Our Vision: "Changing Lives to Ensure a Safer Florida"

From: Beryl Lipton

Hi McKinley,

Considering that the audit has not yet taken place, may I please amend this request? I would like the following:

All preparatory materials regarding the upcoming audit of the use of force within the Florida Department of Corrections system. This should include, at the least, the agreement between the DOC and the independent agency scheduled to conduct the audit.

Thank you so much for all of your help!
Beryl

From: Lewis, McKinley

We will forward this to public records for processing.

McKinley Lewis
Communications Director
Florida Department of Corrections
501 South Calhoun Street
Tallahassee, FL 32399-2500
Office: (850) 488-0420
Cell: (850) 597-4695
Direct: (850) 717-3038

Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.

________________________________
Our Vision: "Changing Lives to Ensure a Safer Florida"

From: Houpt, Dianne S.

Ms. Lipton:

Please see response below and attachments above from Kelley Scott, Director of Administration, Florida Department of Corrections, in response to your amended request dated April 16, 2015 directed to McKinley Lewis. You were seeking all preparatory materials regarding the upcoming audit of use of force within Florida Department of Corrections. The above response completes your request #14-988. Thank you.
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Dianne H. Houpt
Florida Department of Corrections
Office of General Counsel
Public Records Unit
501 South Calhoun Street
Tallahassee, FL 32399-2500
Phone: (850) 717-3615
Fax: (850) 922-4355
Email: houpt.dianne@mail.dc.state.fl.us

Our Vision: "Changing Lives to Ensure a Safer Florida".

CONFIDENTIALITY NOTICE: This message and any attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information that is exempt from public disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this message in error please contact the sender (by phone or reply by electronic mail) and then destroy all copies of the original message.

From: Beryl Lipton

Hello Ms. Houpt,

Thank you very much for this. I hope you have a lovely weekend.

Best wishes,
Beryl

From: Beryl Lipton

Hello Ms. Houpt,

Now that the use-of-force audit has been completed (http://www.miamiherald.com/news/special-reports/florida-prisons/article34823031.html), I would like to revisit this request. I would like all relate preparatory materials and invoices/contracts in addition to the report and related evaluation materials.

Thanks so much for your help,
Beryl

From: Houpt, Dianne S.

Ms. Lipton:

The Department of Corrections is in receipt of a public records request dated September 12, 2015 directed to Florida Department of Corrections, Public Records Unit, for "all related preparatory materials and invoices/contracts in addition to the report and related evaluation materials" relating to the Use of Force Audit.

If any records are determined to exist, the custodian of the records will provide your office an invoice for production of the records and, upon receipt of payment, the records will be provided in accordance with Chapter 119, Florida Statutes and Sec. 945.10, Florida Statutes.

If you have any questions regarding this request, please contact me at (850) 717-3615.

[cid:image003.png@01D0F138.1AF327B0]
Dianne H. Houpt
Public Information Specialist
Florida Department of Corrections
Office of General Counsel
501 South Calhoun Street
Tallahassee, FL 32399-2500
Phone: (850) 717-3615
Fax: (850) 922-4355
Email: houpt.dianne@mail.dc.state.fl.us

Our Vision: "Inspiring success by transforming one life at a time."
CONFIDENTIALITY NOTICE: This message and any attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information that is exempt from public disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this message in error please contact the sender (by phone or reply by electronic mail) and then destroy all copies of the original message.

From: Houpt, Dianne S.

Ms. Lipton:

Please see below a link to the Use of Force Audit report that you have requested. Please scroll down to the portion that states "please click here", press and hold the ctrl key and click. It should bring you right to the audit report.

With regard to your request for all related preparatory materials, etc. we are looking into that and will be in touch with you shortly.

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Dianne H. Houpt
Public Information Specialist
Florida Department of Corrections
Office of General Counsel
501 South Calhoun Street
Tallahassee, FL 32399-2500
Phone: (850) 717-3615
Fax: (850) 922-4355
Email: houpt.dianne@mail.dc.state.fl.us

Our Vision: "Inspiring success by transforming one life at a time."
CONFIDENTIALITY NOTICE: This message and any attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information that is exempt from public disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this message in error please contact the sender (by phone or reply by electronic mail) and then destroy all copies of the original message.

________

From: CO-PublicAffairs
Sent: Thursday, September 10, 2015 2:33 PM
Subject: Release: Use of Force Audit Reflects DOC's Efforts to Increase Safety in Florida Prisons

FOR IMMEDIATE RELEASE Contact: DOC Communications
September 10, 2015 (850) 488-0420

Use of Force Audit Reflects DOC’s Efforts to Increase Safety in Florida Prisons

TALLAHASSEE –The Florida Department of Corrections today highlighted the completion of a full report by the Association of State Correctional Administrators (ASCA) on the results of their independent audit of the Department’s use of force policies and procedures. ASCA reported that at all levels of the agency, it is readily apparent that a thorough review of the use of force policy is welcomed and there exists impressive commitment to improve the policy and practice of using force legally and appropriately.

Secretary Julie Jones said, “I would like to thank the Association of State Correctional Administrators for completing this audit on behalf of the Florida Department of Corrections. The information provided in this review reflects the Department’s ongoing efforts to increase accountability and safety within our institutions and our goal of becoming a national leader in correctional policy. I look forward to implementing the recommendations provided in this review and further improving and strengthening the operations of this department.”

The audit took place at Columbia, Dade, Martin, Santa Rosa, Suwannee and Union Correctional Institutions. This use of force audit was requested by DOC in 2014 and is separate from the audit ordered by the Governor in Executive Order 15-134 in July. Auditors selected each facility based on criteria such as the number and nature of use of force incidents, inmate population size, geographical location and predominant custody level. During the review, a team of auditors focused on the following five key areas: use of force policy, facility use of force procedures, facility culture, staffing and security operations.

To thoroughly evaluate each area, auditors posed a series of questions. These questions and the relevant findings are detailed below. To view the audit in its entirety, please click HERE.

The applicable redactions to the audit include:

Information, which if released, would jeopardize a person’s safety. § 945.10(1)(e), F.S.

Records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations or portions thereof relating directly to the physical security of an institution or revealing security systems of an institution. §§ 119.071(3) and 281.301, F.S.

Threat assessments conducted by the department, threat response plans, emergency evacuation plans, sheltering arrangements or manuals for security personnel, emergency equipment, or security training. § 119.071(3)(a), F.S.

Information revealing surveillance techniques, procedures or personnel § 119.071(2)(d), F.S.

USE OF FORCE POLICY
Question: Is the current use of force policy consistent with the best practices of other state correctional agencies?

Finding: Following their review, the team concluded that the current use of force policy is consistent overall with widely accepted practices of adult correctional agencies nationwide. Auditors recommended that the Department revise several elements of our use of force procedure to further enhance the integrity of the current policy. The Department is currently revising our procedure to meet the recommendations.

FACILITY USE OF FORCE PROCEDURES
Question: Are procedures in line with current governing policies, are those policies effective, and is staff following the policies?

Finding: The ASCA team found no systemic or widespread non-compliance in following the Department’s use of force policy. Following an extensive review of the relevant procedures, auditors concluded that the Department’s procedures are in line with current controlling policies and that the policies are effective and meet national standards. The team also found that all planned use of force events at the facilities were well documented from start to finish.

FACILITY CULTURE
Question: What are the formal and informal cultural values, beliefs and norms of the staff at the facilities selected for review, and are those values, beliefs and norms in concert with the agency’s mission and goals?

Finding: The team found no systemic negative subcultures in any of the inspected facilities. Following their review, the team was confident that the agency’s push to positively change the prevailing culture within the facilities is having the desired results. Auditors reported that every employee interviewed knew about the mandate from the Central Office to only utilize the least amount of force required to gain control of a situation and only when other, non-physical interventional methods have failed. The majority of employees interviewed agreed with the mandate and were in full support of the initiative.

STAFFING
Question: Are staffing levels, staff accountability and staff training adequate to meet the agency’s primary mission of maintaining a safe and secure environment for both staff and inmates?

Finding: Following their review, the team concluded that both uniformed and non-uniformed staffing positions at the inspected facilities appear to be less than the team felt was appropriate. The Department is taking an aggressive approach to filling all our vacancies by recruiting new members to ensure that our facilities are staffed appropriately. To date, we have observed a net gain of more than 800 correctional officers and nearly 600 non-certified staff, statewide. We are confident that we are well on our way to changing this deficiency in our agency. The team also evaluated staff accountability which they determined to be appropriate and satisfactory.

The Department is currently working to enhance training opportunities for staff as recommended.

INSTITUTIONAL OPERATIONS

Question: Do staff and inmate supervision, disciplinary and grievance procedures, searches and contraband control, video surveillance, inmate movement, plant maintenance, key and tool control and any other operational areas meet the standards for adequacy in a state correctional agency?

Finding: Following their review, the team concluded that:

· Post orders for staff and inmate supervision was adequate given the current minimum staffing.

· Disciplinary and grievance procedures are being followed and meet agency and national standards.

· Searches and contraband control were less than adequate due to minimal staffing.

· Video surveillance, while found to be adequate in the inspected facilities, should continue to improve through the replacement of aged analog cameras with digital units equipped with audio capabilities in the housing units. This improvement will provide better coverage and clearer video for use of force reviews.

· Inmate movement, key and tool control and other security-related operational areas met the standards for adequacy.

· Finally, plant maintenance was found to be operating as well as could be expected with the budgetary limitations that the function experiences on an annual basis.



# # #

As Florida's largest state agency, the Department of Corrections employs more than 23,000 members statewide, incarcerates more than 100,000 inmates and supervises nearly 140,000 offenders in the community.

Changing Lives to Ensure a Safer Florida. Visit our website at www.dc.state.fl.us.



Our Vision: "Changing Lives to Ensure a Safer Florida"

Our Vision: "Inspiring success by transforming one life at a time."

___________________

http://www.dc.state.fl.us/secretary/press/2015/ASCA%20Use%20of%20Force%20Audit%20(2015).pdf

From: Moscoso, Alberto

Beryl,

Good morning. Please see this email's attachments for two invoices and other information relating to your request for invoices/contracts related to the Use of Force Audit Report. Please note that no charge has been assessed for the production of records.

Please do not hesitate to contact our office with any further questions or inquiries.

Thank you,

Alberto C. Moscoso
Press Secretary
Florida Department of Corrections
501 South Calhoun Street
Tallahassee, FL 32399-2500
Office: (850) 488-0420
Direct: (850) 717-3026
Cell: (850) 688-7476

________________________________
Our Vision: "Inspiring success by transforming one life at a time."

From: Houpt, Dianne S.

Ms. Lipton:

Please see response below dated September 28, 2015 provided by McKinley Lewis, Director, Office of Communications, for the link to the Use of Force Audit with applicable redactions of confidential information to the audit.

Also, please see attached above the Use of Force Audit preparatory materials referenced in the audit. The page of the attachment cites the applicable redactions
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Dianne H. Houpt
Public Information Specialist
Florida Department of Corrections
Office of General Counsel
501 South Calhoun Street
Tallahassee, FL 32399-2500
Phone: (850) 717-3615
Fax: (850) 922-4355
Email: houpt.dianne@mail.dc.state.fl.us

Our Vision: "Inspiring success by transforming one life at a time."
CONFIDENTIALITY NOTICE: This message and any attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information that is exempt from public disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this message in error please contact the sender (by phone or reply by electronic mail) and then destroy all copies of the original message.

From: Houpt, Dianne S.

Houpt, Dianne S. would like to recall the message, "PRR#15-0253 - USE OF FORCE AUDIT".

Our Vision: "Inspiring success by transforming one life at a time."

From: Houpt, Dianne S.

Ms. Lipton:

Please see response below dated September 28, 2015 provided by McKinley Lewis, Director, Office of Communications, for the link to the Use of Force Audit with applicable redactions of confidential information to the audit.

Also, please see attached above the Use of Force Audit preparatory materials referenced in the audit. The first page of the attachment cites the applicable redactions of confidential information made to the record. This completes your request #15-0253. Thank you.

[cid:image003.png@01D0F9F9.5A042B60]
Dianne H. Houpt
Public Information Specialist
Florida Department of Corrections
Office of General Counsel
501 South Calhoun Street
Tallahassee, FL 32399-2500
Phone: (850) 717-3615
Fax: (850) 922-4355
Email: houpt.dianne@mail.dc.state.fl.us

Our Vision: "Inspiring success by transforming one life at a time."
CONFIDENTIALITY NOTICE: This message and any attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information that is exempt from public disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this message in error please contact the sender (by phone or reply by electronic mail) and then destroy all copies of the original message.

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