Local level SAEC policies/data (Oxford County Sheriff's Office)
| Submitted | May 5, 2017 |
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Communications
From: Beryl Lipton
To Whom It May Concern:
Pursuant to the Maine Freedom of Access Act ("FOAA"), I hereby request the following records:
Any and all statistics, data, reports, audits, policies, and procedures pertaining to the following items regarding sexual assault evidence collection (SAEC) kits (also known as "rape kits") and processing:
• all standard operating procedures regarding the SAEC process
• any written policies or procedures regarding department practices on the acquisition of or handling of rape kit evidence, including protocols for its collection, testing, and delegation and transfer to all other possibly relevant locations, laboratories, or agencies
• the number of kits collected and booked into evidence from the period of January 1, 2000 through the date this request is processed
• the 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
• the 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 segregable data.
• all audits involving this agency regarding the collection or backlog of SAEC kits
• all proposed alterations or yet-to-be-implemented changes to the policies and procedures regarding the collection, testing, and use of SAEC kits
If there any questions about this request, please feel free to call us at the MuckRock office at 617-299-1832.
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by 1 M.R.S.A. § 408(6). 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 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,
Beryl Lipton
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 May 5, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Hart L. Daley
Good morning Beryl Lipton,
I have received your FOAA request via Sheriff Gallant. I will respond initially to each of your bulleted requests below. Please be aware that some of your request can not be met by our agency as we are not the holder of the records. Also, it may take us a while to provide statistical data since your request covers a (17) year period, from Jan 1, 2000.
I will provide you with a copy of our agency policy on evidence collection and storage and the acquisition of or handling of sexual assault forensic examination kits.
I will provide you with a number of kits we received and or collected for any years we maintained a computer based record. All kits that have a cooperating victim are immediately sent to the Maine State Police Crime Lab for analysis. (Once my Detective completes the research).
All kits are processed by the Maine State Police Crime Lab. No other entity is used under statute.
I will provide you with the number of "unprocessed" kits in our evidence room, under our control (Once my Detective completes the research). I can not provide you with information regarding kits held by medical personnel or external laboratories.
I will provide you with case dispositions involving cases that have been prosecuted. (Once my Detective completes the research).
There are no audits to provide.
There are no policy changes regarding the receipt and handling of sexual assault kits.
Due to the expansive time frame of information you have requested, and the length of time it will take one of my Detectives to complete the research for this request, our agency WILL NOT waive the fees associated with this request. (.25 cents per page of information & $15.00 per hour dedicated to this request. Once I have the total time required to complete this request, I will forward you a bill, which must be paid in advance before any information will be released). (408-A Public Records available for inspection and copying - Section 8, A, B, C, D, & E)
Sincerely,
Hart L. Daley
Chief Deputy
Oxford County Sheriff's Office
P.O. Box 179
26 Western Avenue
South Paris, ME 04281
Office: 207-743-9554
Fax: 207-743-1510
The information contained in this e-mail is legally privileged and confidential information intended only for the use of the individuals or entities named as addressees. If you, the reader of this message, are not the intended recipient, you are hereby notified that any dissemination, distribution, publication, or copying of this message is strictly prohibited. If you have received this correspondence in error, please forgive the inconvenience, immediately notify the sender, and delete the original message without keeping a copy.
From: Hart L. Daley
Good afternoon Beryl Lipton,
In regards to the time invested in your FOAA request, my Detective spent (2) hours searching our records and evidence room inventory logs. Under FOAA the 1st hour is free of charge. The 2nd our must be paid for and equals $15.00.
I am prepared to send you our policy and the requested statistical information upon receipt of payment.
Payment can be submitted to:
Oxford County Sheriff's Office
P.O. Box 179
South Paris, ME 04281
Hart L. Daley
Chief Deputy
Oxford County Sheriff's Office
P.O. Box 179
26 Western Avenue
South Paris, ME 04281
Office: 207-743-9554
Fax: 207-743-1510
The information contained in this e-mail is legally privileged and confidential information intended only for the use of the individuals or entities named as addressees. If you, the reader of this message, are not the intended recipient, you are hereby notified that any dissemination, distribution, publication, or copying of this message is strictly prohibited. If you have received this correspondence in error, please forgive the inconvenience, immediately notify the sender, and delete the original message without keeping a copy.
From: Vanessa Nason
To Whom It May Concern:
Please find enclosed a check for $15.00 to satisfy the fee associated with the attached public records request.
Thank you.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Access Act request, copied below, and originally submitted on May 5, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Oxford County Sheriff's Office
Dear Beryl Lipton - MuckRock News:
I have received your email and FOAA request. As I indicated back in May 2017, we will honor the request when payment is received for the services, which is $15.00. As of this date, according to our billing records in the treasurer's office, we have not received any $15.00 payment. The check can be mailed to the Oxford County Sheriff's Office (see mailing information below).
Thank you,
Hart L. Daley
Acting Sheriff / Chief Deputy
Oxford County Sheriff's Office
P.O. Box 179
26 Western Avenue
South Paris, ME 04281
Office: 207-743-9554
Fax: 207-743-1510
The information contained in this e-mail is legally privileged and confidential information intended only for the use of the individuals or entities named as addressees. If you, the reader of this message, are not the intended recipient, you are hereby notified that any dissemination, distribution, publication, or copying of this message is strictly prohibited. If you have received this correspondence in error, please forgive the inconvenience, immediately notify the sender, and delete the original message without keeping a copy.
From: Oxford County Sheriff's Office
Good morning Beryl Lipton dba: MuckRock Foundation,
I have received the $15.00 check #1571. Please see the attached pdf documents outlining the statistics regarding our sexual assault collection kits and our property - evidence policy.
Thank you,
Hart L. Daley
Acting Sheriff
Oxford County Sheriff's Office
P.O. Box 179
26 Western Avenue
South Paris, ME 04281
Office: 207-743-9554
Fax: 207-743-1510
The information contained in this e-mail is legally privileged and confidential information intended only for the use of the individuals or entities named as addressees. If you, the reader of this message, are not the intended recipient, you are hereby notified that any dissemination, distribution, publication, or copying of this message is strictly prohibited. If you have received this correspondence in error, please forgive the inconvenience, immediately notify the sender, and delete the original message without keeping a copy.
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