Administrative and criminal investigations of sexual abuse (Department of Corrections)

Todd Feathers filed this request with the Department of Corrections of Oregon.
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Communications

From: Todd Feathers

To Whom It May Concern:

Pursuant to the Oregon Public Records Law, I hereby request the following documents:

All administrative investigations since Aug. 20, 2012 into allegations of sexual abuse in correctional facilities administered by your agency. Title 115.71 (f) of the federal Prison Rape Elimination Act (PREA) requires that all administrative investigations "shall be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings."

-All criminal investigations since Aug. 20, 2012 of allegations of sexual abuse in correctional facilities administered by your agency. Title 115.71 (g) of the PREA requires that all criminal investigations "shall be documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible."

Title 115.71 (i) of the PREA requires that correctional agencies maintain copies of administrative and criminal investigations for "as long as the alleged abuser is incarcerated or employed by the agency, plus five years."

I understand that the documents I am requesting contain sensitive, personal information, and I expect that you will redact names and other identifying facts.

As a member of the news media, I request that all fees be waived.

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,

Todd Feathers

From: Nelson Anita M

Mr. Feathers,

Thank you for contacting the Oregon Department of Corrections. In accordance with ORS 192.440 (2), this acknowledges our receipt on February 19, 2014, of your request dated February 11, 2014, for the following records(s):

Records requested:

1. All administrative investigations since Aug. 20, 2012 into allegations of sexual abuse in correctional facilities administered by your agency. Title 115.71 (f) of the federal Prison Rape Elimination Act (PREA) requires that all administrative investigations "shall be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings."

2. All criminal investigations since Aug. 20, 2012 of allegations of sexual abuse in correctional facilities administered by your agency. Title 115.71 (g) of the PREA requires that all criminal investigations "shall be documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible."

Having reviewed your request, we are able to inform you that DOC is the custodian of at least some of the requested public records. We will provide an estimate of the time and fees for disclosure of the public records within a reasonable time.

Thank you,

Anita Nelson, Publice Records and Research Manager
Oregon Department of Corrections
Phone: 503-945-9225
Email: Anita.M.Nelson@doc.state.or.us<mailto:Anita.M.Nelson@doc.state.or.us>

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. 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Department of Corrections

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

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. 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Nelson Anita M

Good morning Mr. Feathers,

A response was mailed to you on March 20, 2014.

Thank you,

Anita Nelson
Public Records and Research Manager
Oregon Department of Corrections
2575 Center Street NE
Salem, OR 97301
Phone: 503-945-9225
Email: Anita.M.Nelson@doc.state.or.us

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