Inmate debt and fees policies/reports (State-level) (Department of Corrections) • MuckRock

9 Communications
3 Files

Communications

From: Beryl Lipton

04/28/2016

Subject: Right to Know Request: Inmate debt and fees policies/reports (State-level) (Department of Corrections)

To Whom It May Concern:

Pursuant to Pennsylvania Right to Know Act, I hereby request the following records:

The following materials regarding the assessment, collection, and balances of inmate fees and debt:

• All policies and procedures regarding the goods, services, or any other expenses for which inmates are or may become liable. Please include all policies on the garnishment/disbursement of funds from inmate accounts and wages (such as those related to mandatory saving, mandatory deductions, coverage of care, personal necessities, etc.), as well as all relevant reporting requirements. Please include all relevant data as regards to medical payments, room and board costs, meal fees, stamps and postage, hygienic materials, and any other expenses for which inmates are or may become liable, etc.

• All reports, databases, spreadsheets, or equivalent materials regarding current debts/restitution paid to or owed to this department or any facility/agency under its jurisdiction. Please include all available segregable information (excluding individual personally-identifying elements, as necessary and appropriate), including but not limited to the reason for the debt/fee, the amount of the debt, the facility at which the debt was incurred, whether the debt is held by an inmate in custody or released, any available individual data regarding record of prior release, etc.

If further clarification is necessary, a phone call will happily be arranged.

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 5 business days, as the statute requires.

Sincerely,

From: Filkosky, Andrew

04/29/2016

Subject: RE: Right to Know Request: Inmate debt and fees policies/reports (State-level) (Department of Corrections)/RTKL 0528-16

Dear MuckRock,

This email acknowledges receipt by the Department of Corrections of your written request for records under the Pennsylvania Right-to-Know Law (RTKL). Your request was received by this office on April 28, 2016. Therefore, under the RTKL, a written response to your request is due on or before May 5, 2016. This letter is provided pursuant to that requirement. This letter is an interim response to your request. A final response will be sent at a later time as outlined below.

You are hereby notified that, for the reason set forth below, the Department will require an additional 30 calendar days, i.e. until June 3, 2016, in which to provide a final written response to your request:

· A legal review is necessary to determine whether the record requested is subject to access under the Act.

At this time, the Department is unable to provide you with an estimated cost to fulfill your current request if it is granted. Any actual or estimated fees will be identified in the Department’s future response.

Sincerely,

Andrew Filkosky | Agency Open Records Officer
Department of Corrections | Office of Chief Counsel
1920 Technology Parkway
Mechanicsburg, PA 17050
Phone: 717.728.7770 | Fax: 717.728.0312
www.cor.pa.gov<http://www.cor.pa.gov>

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
ATTORNEY WORK PRODUCT
The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.

From: Filkosky, Andrew

05/06/2016

Subject: RE: Right to Know Request: Inmate debt and fees policies/reports (State-level) (Department of Corrections)/RTKL 0528-16

Dear MuckRock,

This response acknowledges receipt by the Department of Corrections of your written request for records under the Pennsylvania Right-to-Know Law (RTKL). Your request was received by this office on April 28, 2016.

~WRD000
- Download

From: Beryl Lipton

05/07/2016

Subject: RE: Right to Know Request: Inmate debt and fees policies/reports (State-level) (Department of Corrections)

Hello Mr. Filkosky,

Thanks so much for the acknowledgement. Have a wonderful week.

Best wishes,
Beryl

From: MuckRock.com

05/23/2016

Subject: RE: Right to Know Request: Inmate debt and fees policies/reports (State-level) (Department of Corrections)

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 28, 2016. 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: Filkosky, Andrew

05/23/2016

Subject: RE: Right to Know Request: Inmate debt and fees policies/reports (State-level) (Department of Corrections)

A response to this request was sent on May 6th. I will resend this.

Sincerely,

~WRD000
- Download

From: Filkosky, Andrew

05/23/2016

Subject: RE: Right to Know Request: Inmate debt and fees policies/reports (State-level) (Department of Corrections)/RTKL 0528-16

Here is the response originally sent to you on May 6th.

Sincerely,

_______________

From: Filkosky, Andrew
Sent: Friday, May 06, 2016 8:45 AM
To: 'requests@muckrock.com' <requests@muckrock.com>
Subject: RE: Right to Know Request: Inmate debt and fees policies/reports (State-level) (Department of Corrections)/RTKL 0528-16

Dear MuckRock,

This response acknowledges receipt by the Department of Corrections of your written request for records under the Pennsylvania Right-to-Know Law (RTKL). Your request was received by this office on April 28, 2016. On April 29, 2016, an interim response was sent to you extending the final response date to June 3, 2016.

Your request for “All policies and procedures regarding the goods, services, or any other expenses for which inmates are or may become liable”, including “all policies on the garnishment/disbursement of funds from inmate accounts and wages (such as those related to mandatory saving, mandatory deductions, coverage of care, personal necessities, etc.), as well as all relevant reporting requirements” and “all relevant data as regards to medical payments, room and board costs, meal fees, stamps and postage, hygienic materials, and any other expenses for which inmates are or may become liable, etc.” is granted. This portion of your request implicates the following policies: DC-ADM 005, DC-ADM 610, DC-ADM 803, DC-ADM 815, DC-ADM 816, DC-ADM 820, and Policy 3.1.1. These granted policies are available on the Department’s website at the following web address: http://www.cor.pa.gov/Administration/Pages/DOC-Policies.aspx#.

Your request for “All reports, databases, spreadsheets, or equivalent materials regarding current debts/restitution paid to or owed to this department or any facility/agency under its jurisdiction”, including “all available segregable information (excluding individual personally-identifying elements, as necessary and appropriate), including but not limited to the reason for the debt/fee, the amount of the debt, the facility at which the debt was incurred, whether the debt is held by an inmate in custody or released, any available individual data regarding record of prior release, etc.” is denied for the following reason:

The record(s) that you requested do not currently exist. When responding to a request for access, an agency is not required to create a record which does not currently exist or to compile, format or organize a public record in a manner in which it does not currently compile, format or organize the public record. 65 P.S. § 67.705; See Moore v. Office of Open Records, 992 A.2d 907, 909 (Pa. Cmwlth. 2010)(“The Department cannot grant access to a record that does not exist. Because under the current RTKL the Department cannot be made to create a record which does not exist, the OOR properly denied [the] … appeal.”); See also Bargeron v. Department of Labor and Industry, 720 A.2d 500 (Pa.Cmwlth. 1998).

You have a right to appeal this denial of information in writing to the Executive Director, Office of Open Records (OOR), Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, Pennsylvania 17120. If you choose to file an appeal you must do so within 15 business days of the mailing date of this response and send to the OOR:

1) this response; 2) your request; and 3) the reason why you think the agency is wrong in its reasons for saying that the record is not public (a statement that addresses any ground stated by the agency for the denial). If the agency gave several reasons why the record is not public, state which ones you think were wrong.

Also, the OOR has an appeal form available on the OOR website at:

https://www.dced.state.pa.us/public/oor/appealformgeneral.pdf.

Sincerely,

Andrew Filkosky | Agency Open Records Officer
Department of Corrections | Office of Chief Counsel
1920 Technology Parkway
Mechanicsburg, PA 17050
Phone: 717.728.7770 | Fax: 717.728.0312
www.cor.pa.gov

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
ATTORNEY WORK PRODUCT
The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.