COVID-19 @ Corrections, BoP(s), Correctional Facilities/Institutions (New Mexico Corrections Department)

Emma Best filed this request with the New Mexico Corrections Department of New Mexico.
Tracking #

20-292

Multi Request COVID-19 @ Corrections, BoP(s), Correctional Facilities/Institutions
Est. Completion Sept. 16, 2020
Status
Partially Completed

Communications

From: Emma Best


To Whom It May Concern:

Pursuant to the New Mexico Inspection of Public Records 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.

Sincerely,

Emma Best

From: New Mexico Corrections Department

I am in receipt of your public records request dated 4-23-20. Pursuant to 14-2-8(D) of the IPRA, you will be provided with this agency's response, including whether the Department has any objections (based on exemptions provided in the IPRA), within 15 days of receipt of your request, on or before 5-8-20.

Pursuant to 14-2-10 of the IPRA if the Department determines that your request is excessively burdensome or broad, you will be notified within the timeframe noted above and provide you with an estimate of how much additional time will be needed to comply with your request.

Please be advised that any attorney client or confidential information otherwise protected by law will not be subject to inspection.

Should you request copies of records, you will be required to pay the fees imposed by the New Mexico Department of Corrections, pursuant to provisions of the Inspection of Public Records Act Section 14-2-1 through 14-2-16, NMSA 1978, of $.25 per page for 11 x 17 inches or smaller.

IPRA PARALEGAL
NMCD-OGC
P.O. BOX 27116
SANTA FE, NM 87502
Catherine.ahring@state.nm.us<mailto:Catherine.ahring@state.nm.us>
505-827-8719

This e-mail communication may contain CONFIDENTIAL INFORMATION and is intended only for the use of the intended recipient(s) identified above. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by reply e-mail, delete the communication, and destroy all copies.

From: New Mexico Corrections Department

Ms. Best:

Pursuant to 14-2-10 of the IPRA, the New Mexico Corrections Department has determined that it will need additional time to process and respond to your request. We are carefully gathering and reviewing the requested information to determine whether there are any exceptions or exemptions under the IPRA. NMCD anticipates being able to notify you accordingly and respond to your request by or on 05-15-20. If that estimated date changes, we will let you know that information as soon as we know it.
Your patience is appreciated.
Sincerely,

IPRA PARALEGAL
NMCD-OGC
P.O. BOX 27116
SANTA FE, NM 87502
Catherine.ahring@state.nm.us<mailto:Catherine.ahring@state.nm.us>
505-827-8719

This e-mail communication may contain CONFIDENTIAL INFORMATION and is intended only for the use of the intended recipient(s) identified above. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by reply e-mail, delete the communication, and destroy all copies.

From: New Mexico Corrections Department

Ms. Best:

With regard to your first request, the New Mexico Corrections Department has no responsive documents because inmates are not charged for access to medical care.

With regard to your remaining requests, Pursuant to 14-2-10 of the Inspection of Public Records Act (IPRA), the New Mexico Corrections Department has determined that it will need additional time to process and respond to your request. Specifically, your request requires gathering records kept mainly in hardcopy from a number of contractors across eleven (11) facilities for a period of approximately eight (8) months. We are carefully gathering and reviewing the requested information to determine whether there are any exceptions or exemptions under the IPRA. NMCD anticipates being able to notify you accordingly and respond to your request by or on 9-15-20. If that estimated date changes, we will let you know that information as soon as we know it.

The charge for the copies, when collected and reviewed, will be $0.25 per page produced for inspection and copying. We cannot estimate those costs at this time, but we do expect the number of records, and therefore the cost, to be significant. If you would like to discuss narrowing your request to limit the cost, please do so before the records are collected to avoid wasted effort and unnecessary costs.

Kevin L. Nault
Deputy General Counsel
New Mexico Corrections Department
4337 New Mexico 14
PO Box 27116
Santa Fe, NM 87502
(505) 827-8690

From: New Mexico Corrections Department

_____________________________________________
From: Nault, Kevin, NMCD <Kevin.Nault@state.nm.us<mailto:Kevin.Nault@state.nm.us>>
Sent: Friday, May 15, 2020 4:12 PM
To: Ahring, Catherine, NMCD <Catherine.Ahring@state.nm.us<mailto:Catherine.Ahring@state.nm.us>>; requests@muckrock.com<mailto:requests@muckrock.com>
Cc: NMCD-IPRA <NMCD-IPRA@state.nm.us<mailto:NMCD-IPRA@state.nm.us>>; Harrison, Eric, NMCD <Eric.Harrison@state.nm.us<mailto:Eric.Harrison@state.nm.us>>
Subject: RE: 20-292

Ms. Best:

With regard to your first request, the New Mexico Corrections Department has no responsive documents because inmates are not charged for access to medical care.

With regard to your remaining requests, Pursuant to 14-2-10 of the Inspection of Public Records Act (IPRA), the New Mexico Corrections Department has determined that it will need additional time to process and respond to your request. Specifically, your request requires gathering records kept mainly in hardcopy from a number of contractors across eleven (11) facilities for a period of approximately eight (8) months. We are carefully gathering and reviewing the requested information to determine whether there are any exceptions or exemptions under the IPRA. NMCD anticipates being able to notify you accordingly and respond to your request by or on 9-15-20. If that estimated date changes, we will let you know that information as soon as we know it.

The charge for the copies, when collected and reviewed, will be $0.25 per page produced for inspection and copying. We cannot estimate those costs at this time, but we do expect the number of records, and therefore the cost, to be significant. If you would like to discuss narrowing your request to limit the cost, please do so before the records are collected to avoid wasted effort and unnecessary costs.

Kevin L. Nault
Deputy General Counsel
New Mexico Corrections Department
4337 New Mexico 14
PO Box 27116
Santa Fe, NM 87502
(505) 827-8690

From: Ahring, Catherine, NMCD <Catherine.Ahring@state.nm.us<mailto:Catherine.Ahring@state.nm.us>>
Sent: Thursday, April 23, 2020 10:47 AM
To: requests@muckrock.com<mailto:requests@muckrock.com>
Cc: NMCD-IPRA <NMCD-IPRA@state.nm.us<mailto:NMCD-IPRA@state.nm.us>>; Harrison, Eric, NMCD <Eric.Harrison@state.nm.us<mailto:Eric.Harrison@state.nm.us>>; Gay, John, NMCD <John.Gay@state.nm.us<mailto:John.Gay@state.nm.us>>
Subject: 20-292

I am in receipt of your public records request dated 4-23-20. Pursuant to 14-2-8(D) of the IPRA, you will be provided with this agency's response, including whether the Department has any objections (based on exemptions provided in the IPRA), within 15 days of receipt of your request, on or before 5-8-20.

Pursuant to 14-2-10 of the IPRA if the Department determines that your request is excessively burdensome or broad, you will be notified within the timeframe noted above and provide you with an estimate of how much additional time will be needed to comply with your request.

Please be advised that any attorney client or confidential information otherwise protected by law will not be subject to inspection.

Should you request copies of records, you will be required to pay the fees imposed by the New Mexico Department of Corrections, pursuant to provisions of the Inspection of Public Records Act Section 14-2-1 through 14-2-16, NMSA 1978, of $.25 per page for 11 x 17 inches or smaller.

IPRA PARALEGAL
NMCD-OGC
P.O. BOX 27116
SANTA FE, NM 87502
Catherine.ahring@state.nm.us<mailto:Catherine.ahring@state.nm.us>
505-827-8719

This e-mail communication may contain CONFIDENTIAL INFORMATION and is intended only for the use of the intended recipient(s) identified above. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by reply e-mail, delete the communication, and destroy all copies.

From: requests@muckrock.com<mailto:requests@muckrock.com> <requests@muckrock.com<mailto:requests@muckrock.com>>
Sent: Thursday, April 23, 2020 10:00 AM
To: NMCD-IPRA <NMCD-IPRA@state.nm.us<mailto:NMCD-IPRA@state.nm.us>>
Subject: [EXT] New Mexico Inspection of Public Records Act Request: COVID-19 @ Corrections, BoP(s), Correctional Facilities/Institutions (New Mexico Corrections Department)

New Mexico Corrections Department
IPRA Office
PO Box 27116
Santa Fe, NM 87502-0116

April 23, 2020

To Whom It May Concern:

Pursuant to the New Mexico Inspection of Public Records 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.

Sincerely,

Emma Best

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For mailed responses, please address (see note):
MuckRock News
DEPT MR 92195
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Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
[Image removed by sender.]

From: New Mexico Corrections Department


From: New Mexico Corrections Department

I apologize. I should have the remainder of your response tomorrow, 9/16/20. Thank you for your patience.

From: New Mexico Corrections Department

With regard to your items #1-3, attached are the tracking documents for June 2020 forward. The Department has no other responsive documents. The diagnoses have been left; however, the names of the inmates were redacted, as records relating to medical and mental health diagnoses are protected from disclosure by the Inspection of Public Records Act and the federal Health Insurance Portability and Accountability Act (HIPAA), and have therefore been withheld. NMSA 1978, §§ 14-2-1(A) and 14-2-6; State ex rel. Newsome v. Alarid, 1977-NMSC-076, ¶ 11, 90 N.M. 790, 794; NMSA 1978, § 14-2-1(H); 45 C.F.R. §§ 164.502(a)(1) and 164.512(e)(1).

With regard to item #4, Pursuant to 14-2-10 of the IPRA, the New Mexico Corrections Department has determined that it will need additional time to process and respond to your request. With regard to the number of tests ordered between September 2019 and present we are carefully gathering and reviewing the requested information to determine whether there are any exceptions or exemptions under the IPRA. NMCD anticipates being able to notify you accordingly and respond to your request by or on 9-30-20. If that estimated date changes, we will let you know that information as soon as we know it. With regard to the remainder of item #4, you may visit the website to obtain additional information. There are no other responsive documents. With regard to the last item concerning medications, We will notify you on or before 9-30-20 if there are documents available.

With regard to items #5-9, The New Mexico Inspection of Public Records Act (IPRA), Section 14-2-1 et seq., NMSA 1978, requires production of public records responsive to public requests. However, "[n]othing in the Inspection of Public Records Act shall be construed to require a public body to create a public record" to respond to a request. NMSA 1978, § 14-2-8(B). The Department has no responsive documents.

With regard to items #10-11, this information can be found on our website https://cd.nm.gov/COVID-19%20Updates/

The Department has now fully responded to your request as it understands it, and with the exception of the two items above, is closing this matter.

CATHERINE AHRING
NMCD-OGC
PARALEGAL
Catherine.ahring@state.nm.us

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