Mortality Data and Related Policies, 2000-2020

COVID Prison Project filed this request with the New Mexico Corrections Department of New Mexico .
Tracking #

21-336

Due June 10, 2021
Est. Completion None
Status
Awaiting Response

Communications

From: COVID Prison Project

Brian Fitzgerald
Chief Deputy General Counsel
IPRA Custodian of Records
New Mexico Corrections Department
(505)827-8658

Mr. Fitzgerald:

Pursuant to the New Mexico Inspection of Public Records Act, I hereby request the following records:

– Those which include time and date of all instances of death occurring in the offender population between January 2000 and December 2020.

– Those which indicate the total number of individuals in New Mexico Corrections Department (NMCD) custody who died by any cause, separated monthly, from January 2000 to December 2020.

– Monthly population records that include the total number of deaths occurring among people in the custody of the NMCD between January 2000 and December 2020.

– Certificates of death for all individuals in NMCD custody who died between January 2000 and December 2020.

Additionally, I am requesting an opportunity to inspect or obtain copies of any and all NMCD policies, regulations, and procedures, pertaining to...

– Investigations of in-custody deaths.

– Requirements for the performance of an autopsy or post-mortem medical examination of individuals who die while in NMCD custody.

– The reporting of in-custody deaths to other governmental agencies.

– Next-of-kin notification in the event of in-custody deaths.

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. However, we respectfully request a waiver of these fees as we are affiliated with an educational or noncommercial scientific institution, and this request is made for a scholarly or scientific purpose and not for a commercial use.

Thank you in advance for your anticipated cooperation in this matter.

Sincerely,

Forrest Behne
Policy Director, COVID Prison Project
University of North Carolina at Chapel Hill

Office: (919) 391-7962
340 MacNider Hall | Campus Box 7240
333 South Columbia Street
Chapel Hill, NC 27599-7240

From: New Mexico Corrections Department

Dear Mr. Behne:

We are in receipt of your public records request received 5-21-21. 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 6-5-21. Please note the tracking number assigned to your request. You will need to refer to this number in any follow-ups you may have.

If your request seeks medical or mental health records of an inmate, please be advised that such records are not public records subject to inspection or copying via IPRA Section 14-2-1(A) NMSA. Requests for such records should be directed to Melody.Bernal@state.nm.us<mailto:Melody.Bernal@state.nm.us> with a copy sent to AliceM.Pino@state.nm.us<mailto:AliceM.Pino@state.nm.us>.

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 provided 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.

Sincerely,

Brian Fitzgerald

Chief Deputy General Counsel

IPRA Records Custodian

New Mexico Corrections Department

From: New Mexico Corrections Department

Dear Mr. Behne:

Pursuant to your IPRA request, I am forwarding the list of deaths for 2020. NMCD does not maintain "monthly" lists of inmates who have died, by facility; however, the attached should suffice for the 2020 death request.

With regard to your request for medical policies, the Department's current public policies are available for inspection and copying online at https://cd.nm.gov/policies/.

The Department has responded to your request as it understands it, and it is now considered closed.

Sincerely,

Brian Fitzgerald
Chief Deputy General Counsel
IPRA Records Custodian
New Mexico Corrections Department

From: New Mexico Corrections Department

Fitzgerald, Brian, NMCD would like to recall the message, "21-336 FW: Scanned image from MX-6071".

From: New Mexico Corrections Department

Dear Mr. Behne:

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 06-18-21. If that estimated date changes, we will let you know that information as soon as we know it.

Your patience is appreciated.

Sincerely,

Brian Fitzgerald
Chief Deputy General Counsel
IPRA Records Custodian
New Mexico Corrections Department

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