Sexual Assault Evidence Collection (Oakland County, MI)

D Smith filed this request with the Oakland County Sheriff's Office of Oakland County, MI.

It is a clone of this request.

Tracking # F003371-082817
Due Sept. 6, 2017
Est. Completion Sept. 19, 2017
Status
Awaiting Response

Communications

From: D Smith

To Whom It May Concern:

Pursuant to Michigan's Freedom of Information Act ("FOIA"), I hereby request the following records:

Any and all past, pending or current policies, procedures, memorandums, directives, and any other guiding materials regarding matters pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits (also known as “sexual assault kit”, “sexual offense evidence collection kit”, “sexual assault forensic evidence kit”, “physical evidence recovery kit”, “rape test kit”, or “rape kit”), including, but not limited, to the following:

- Policies and procedures related to the initial collection of sexual assault evidence collection kits.
- Policies and procedures regarding the time frame of the collection and testing of sexual assault evidence collection kits including the timeframe required for sexual assault evidence collection kits testing by the examiner (also known as “sexual assault examiners”, “sexual assault nurse examiners”, or “sexual assault forensic examiners”).
- All mechanisms by which sexual assault evidence collection kits are or can be tested including all designated facilities where sexual assault evidence collection kits can be performed.
- Policies and procedures regarding the maintenance and transfer of sexual assault evidence collection kits.
- Policies and procedures concerning a petition to test a sexual assault evidence collection kits.
- Policies and procedures related to the process of checking the status of a sexual assault evidence collection kits and the notification provided to survivors regarding their sexual assault evidence collection kits.
- Policies and procedures regarding reports generated of both tested and untested sexual assault evidence collection kits, mandatory or voluntary reporting requirements regarding both tested and untested sexual assault evidence collection kits, and audits of the numbers of both tested and untested sexual assault evidence collection kits.
- Policies and procedures regarding the statute of limitations for maintenance and or storage of sexual assault evidence collection kits, both tested and untested.

Please include all available segregable data.

Please also provide all available data, statistics, or reports regarding matters pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits (also known as “sexual assault kit”, “sexual offense evidence collection kit”, “sexual assault forensic evidence kit”, “physical evidence recovery kit”, “rape test kit”, or “rape kit”), including, but not limited, to those materials related to the following specific elements of the sexual assault evidence collection process:

- The collection of sexual assault evidence collection kits.
- Timeframes of collection and testing of sexual assault evidence collection kits.
- Maintenance and transfer of sexual assault evidence collection kits.
- Petitions to test sexual assault evidence collection kits. (Please note this is not a request for identifying or confidential information of survivors or their cases or sexual assault evidence collection kits. This is a request for the numbers of petitions to test sexual assault evidence collection kits.)
- Requests to check the status of sexual assault evidence collection kits. (Please note this is not a request for identifying or confidential information of survivors or their cases or sexual assault evidence collection kits. This is a request for the numbers of requests to check sexual assault evidence collection kits status(es).)
- Notification given to survivors regarding their sexual assault evidence collection kits (Please note this is not a request for identifying or confidential information of survivors or their cases or sexual assault evidence collection kits. This is a request for the numbers of notifications given to survivors regarding their sexual assault evidence collection kits status.)
- Reports and audits generated of both tested and untested sexual assault evidence collection kits, issued by mandatory or voluntary reporting requirements
the number of kits collected and booked into evidence from the period of January 1, 2000, through the date this request is processed
- Number of kits that have been processed by a public or private crime or forensic laboratory or equivalent processing location from the period of January 1, 2000, through the date this request is processed
- Number of unprocessed kits in any storage facilities currently under the department’s jurisdiction and control, including those held by medical personnel or at external laboratory locations
- Any materials regarding the status or ultimate disposition of cases in which a kit was collected. Please include all available segregatable data.

Should your agency believe that any additional policies, procedures, reports or other analysis pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits (also known as “sexual assault kit”, “sexual offense evidence collection kit”, “sexual assault forensic evidence kit”, “physical evidence recovery kit”, “rape test kit”, or “rape kit”), or any related issues may reside with another agency or agencies, indication of such agencies would be greatly appreciated.

The requested documents will be made available to the general public as part of a public research project, and this request is not being made for commercial purposes.

Please notify us if further clarification is necessary.

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 5 business days, as the statute requires.

Sincerely,

D. Smith

From: Oakland County Record Center

Dear D Smith,
Thank you for registering with the Oakland County Records Center.  Please log in to the Records Center to update any contact or password information and to track the progress of your request.
Login: requests@muckrock.com

If you have never used this system or cannot remember your password you may request a temporary password here: Request Temporary Password (http://oaklandcountymi.mycusthelpadmin.com/WEBAPP/_rs/forgotpassword.aspx)
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From: Oakland County Record Center

Dear D,
We received your request for password assistance on 08/30/2017. Below is your temporary password. Please use it to access your account online. When you access your account, please create a permanent password that only you can remember. Login: requests@muckrock.com Password: 29722b1905
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From: Oakland County Record Center

Dear D,
We received your request for password assistance on 08/30/2017. Below is your temporary password. Please use it to access your account online. When you access your account, please create a permanent password that only you can remember. Login: requests@muckrock.com Password: fcffe547f4
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From: Oakland County Record Center

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From: Oakland County Record Center

--- Please respond above this line ---

09/05/2017

D Smith
MuckRock
DEPT MR 42505 411 A Highland Ave.
Somerville, MA 02144-2516
requests@muckrock.com

RE: FOIA REQUEST of August 28, 2017, Reference # F003371-082817

Dear D Smith:

This letter is in response to your Freedom of Information Act (FOIA) request referenced above.

This letter is to notify you that Oakland County is extending, for not more than ten (10) business days, the period within which it will respond to this request.  This extension is being issued pursuant to the Freedom of Information Act (MCL 15.235(2)(d).

A further response to this request will be made by 09/19/2017, at which time, the County will grant your request, or deny your request, in whole or in part.  At that time, the County will also give you an estimate of the fee, if any, and tell you if a deposit is required.

Oakland County’s FOIA Procedures and Guidelines, and its Public Summary, can be found at https://www.oakgov.com/FOIA (https://www.oakgov.com/FOIA)

Sincerely,

Andrea Zysk
Sheriff's Office To monitor the progress or update this request please log into the
FOIA Record Center. (http://oaklandcountymi.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=8152&coid=)

From: Oakland County Record Center

Dear D Smith:

Thank you for your interest in public records from Oakland County, Michigan. Your request has been received and is being processed in accordance with the Freedom of Information Act, Public Act 422 of 1976, as amended, MCL. 15.231 et. seq. Your request was given the reference number F003539-091117 for tracking purposes.

Records Requested: See attachment

Your request will be forwarded to the relevant County department(s) to locate the information you seek and to determine the costs, if any, associated with satisfying your request. You will be contacted when we determine if the records you requested are available and if there is a cost for you to obtain the records you requested.

PLEASE NOTE: The Michigan Freedom of Information Act does not require a governmental body to create new information or answer questions.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.

Again, thank you for using the FOIA Records Center.

Oakland County, Michigan
To monitor the progress or update this request please log into the
FOIA Record Center. (http://oaklandcountymi.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=8321&coid=)

From: Oakland County Record Center

--- Please respond above this line ---

09/12/2017

D Smith
MuckRock
DEPT MR 42505 411 A Highland Ave.
Somerville, MA 02144-2516
requests@muckrock.com

RE: FOIA REQUEST of August 28, 2017, Reference # F003371-082817

Dear D Smith:

This letter is in response to your Freedom of Information Act (FOIA) request referenced above.
Your request for policies andprocedures is granted in part and denied in part. A policy has been withheldpursuant to MCL 15.243(1)(s)(v) and (vi) (disclose law enforcement operationalinstructions and staff manuals). Your request for the remaining policies andprocedures responsive to your request is granted. You may access them at nocost using the following link: https://www.oakgov.com/sheriff/Pages/about/forensic_science_lab.aspx
Your request fordata/statistics/reports “pertaining to the collection, maintenance, transfer,and disposal of sexual assault evidence collection kits” is denied because norecords exist. Your request was understood to be for data/statistics/reportspertaining to the overall, general handling of sexual assault kits, and not forthe specific information contained in the case reports for each particularsexual assault investigation. If you would like any case reports, please submita new request for these records, including any limitations to its scope ifdesired, as the costs associated with responding to a broad request for casereports would likely be very high.
YOUR FURTHER LEGAL RIGHTS

To the extent that this response, in your opinion, constitutes a denial of your Freedom of Information Act (FOIA) rights, your statutory remedies are as follows:
For FOIA denials, you may submit to the head of the public body a written appeal that specifically states the word "appeal" and identifies the reason or reasons for reversal of the denial. Within 10 business days after the head of the public body receives a written appeal he or she will do one of the following:
* Reverse the denial.
* Issue a written notice to you upholding the denial.
* Reverse the denial in part and issue a written notice to you upholding the denial in part.
* Under unusual circumstances, issue a notice extending for not more than 10 business days the time to respond.
You may begin a civil action in circuit court to compel the public body’s disclosure of the public records within 180 days after a public body’s final determination to deny a request.

You have the right to receive attorneys' fees and damages as provided in MCL 15.240 if, after judicial review, the court determines that the public body has not complied with MCL 15.235 and orders disclosure of all or a portion of a public record.
For fee appeals, if the public body requires a fee that, in your opinion, exceeds the amount permitted under its procedures and guidelines or MCL 15.234, you may submit to the head of the public body a written fee appeal for a fee reduction that specifically states the word "appeal" and identifies how the required fee exceeds the amount permitted. Within 10 business days after the head of the public body receives a written fee appeal, he or she will do one of the following:
* Waive the fee.
* Reduce the fee and issue a written determination to the requesting person indicating the basis for the remaining fee.
* Uphold the fee and issue a written determination to the requesting person indicating the basis for upholding the fee.
* If necessary, issue a notice extending for not more than 10 business days the time to respond.
Within 45 days after the head of the public body issues a written determination on the fee appeal or if the head of the public body failed to respond to the fee appeal, you may begin a civil action in circuit court.

Oakland County’s FOIA Procedures and Guidelines, and its Public Summary, can be found at https://www.oakgov.com/FOIA (https://www.oakgov.com/FOIA)

Sincerely,

Andrea Zysk
Sheriff's Office To monitor the progress or update this request please log into the
FOIA Record Center. (http://oaklandcountymi.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=8152&coid=)

From: D Smith

I appreciate your response, I understand the request was quite broad so if you could please assist me with the questions below:

Regarding statistics and reports, you stated that no records exist. To be clear, the department does not have any statistics regarding the clearance rate or the number of closed or open sexual assault cases?

Are there are also no reports or statistics available regarding the number of cases handled or the number of sexual assault evidence kits which have been tested or remain untested?

Are there any reports that leadership uses to monitor to track case statistics that would pertain to these cases?

Are all sexual assault evidence kits handled by the Oakland County Sheriff's Department laboratory or are they also handled by another entity or third-party laboratory? With whom should I inquire about the number of tests conducted at the laboratory?

From: Oakland County Record Center

Hello,

Unfortunately your email was not recognized and has not been routed accordingly.  Please be advised that if you wish to submit a new request or check on the status of an already submitted request, you should visit the Public Records Center. Description: TO: [oaklandcountymi@mycusthelp.net]September 15, 2017Oakland County Sheriff's Office1200 North Telegraph RoadBuilding 38 EastPontiac, Michigan, USA, 48341-1044This is a follow up to request number F003371-082817:I appreciate your response, I understand the request was quite broad so if you could please assist me with the questions below:Regarding statistics and reports, you stated that no records exist. To be clear, the department does not have any statistics regarding the clearance rate or the number of closed or open sexual assault cases? Are there are also no reports or statistics available regarding the number of cases handled or the number of sexual assault evidence kits which have been tested or remain untested? Are there any reports that leadership uses to monitor to track case statistics that would pertain to these cases? Are all sexual assault evidence kits handled by the Oakland County Sheriff's Department laboratory or are they also handled by another entity or third-party laboratory? With whom should I inquire about the number of tests conducted at the laboratory? ---On Sept. 12, 2017:

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From: Oakland County Record Center

--- Please respond above this line ---

09/18/2017

D Smith
MuckRock
DEPT MR 42505 411 A Highland Ave.
Somerville, MA 02144-2516
requests@muckrock.com

RE: FOIA REQUEST of September 11, 2017, Reference # F003539-091117

Dear D Smith:

This letter is in response to your Freedom of Information Act (FOIA) request referenced above.

This letter is to notify you that Oakland County is extending, for not more than ten (10) business days, the period within which it will respond to this request.  This extension is being issued pursuant to the Freedom of Information Act (MCL 15.235(2)(d).

A further response to this request will be made by 10/02/2017, at which time, the County will grant your request, or deny your request, in whole or in part.  At that time, the County will also give you an estimate of the fee, if any, and tell you if a deposit is required.

Oakland County’s FOIA Procedures and Guidelines, and its Public Summary, can be found at https://www.oakgov.com/FOIA (https://www.oakgov.com/FOIA)

Sincerely,

Andrea Zysk
Sheriff's Office To monitor the progress or update this request please log into the
FOIA Record Center. (http://oaklandcountymi.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=8321&coid=)

From: Oakland County Record Center

Hello,

Unfortunately your email was not recognized and has not been routed accordingly.  Please be advised that if you wish to submit a new request or check on the status of an already submitted request, you should visit the Public Records Center. Description: TO: [oaklandcountymi@mycusthelp.net]September 19, 2017Oakland County Sheriff's Office1200 North Telegraph RoadBuilding 38 EastPontiac, Michigan, USA, 48341-1044This is a follow up to request number F003371-082817:To Whom It May Concern:I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on Aug. 25, 2017. You had previously indicated that it would be completed on Sept. 19, 2017. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #F003371-082817.Thanks for your help, and let me know if further clarification is needed.---On Sept. 18, 2017:

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