MMIW Cases

Annita Lucchesi filed this request with the Department of Corrections of South Carolina.
Due Nov. 19, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Annita Lucchesi


To Whom It May Concern:

Pursuant to the South Carolina Public Records Law, I hereby request the following records:

Data on all cases of deaths in custody involving an Alaska Native/American Indian woman or girl victim within your jurisdiction(s). For the purposes of this request, "Alaska Native/American Indian" is defined as any individual who was identified as a member of an Alaska Native or American Indian community or as having Alaska Native/American Indian heritage. "Woman or girl" includes all victims identified as females, as well as transgender women. We are requesting cases dating from 1900 to the present.

This request is for basic information on cases as classified above. Such information may include but is not limited to victim name, location and date of disappearance/death, age of victim, status of case (solved or unsolved).

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 15 business days, as the statute requires.

Sincerely,

Annita Lucchesi

From: Department of Corrections

To Whom It May Concern:

SCDC received your Freedom of Information Act (FOIA) request on October 29, 2018. I have forwarded your request to the appropriate records custodians to obtain the requested documents. While SCDC has documents that may be responsive to your request, the South Carolina Freedom of Information Act, S.C. Code Section 30-4-10, et seq. defines public records that are subject to disclosure and also enumerates matters that are exempt from disclosure. The following exemptions apply: records that contain information of a personal nature as defined in 30-4-40(a)(2), records of law enforcement and public safety agencies (to include SCDC) compiled in the process of detecting and investigating a crime as defined in 30-4-40(a)(3) and its subsections, and correspondence and other work products of legal counsel and any other material that would violate the attorney-client or attorney work product privileges as outlined in 30-4-40(a)(7). Please note that medical records and all “other records which by law are required to be closed to the public” are not available through FOIA as stated in 30-4-20(c). Additionally, documents that contain information regarding SCDC security plans and devices are not available through FOIA as is stated in 30-4-20(c). Requested records that are subject to FOIA and not exempt will be provided once copied. Please note, SCDC may require a deposit and will charge a fee as permitted by 30-4-30(b) for all record production. This serves as the final opinion of SCDC on the public availability of the records you have requested as required by 30-4-30(c). However, please note that, as allowed by 30-4-30(c), redactions may be made pursuant to additional exemptions. Should you have any further questions, please do not hesitate to contact me.

SC Code Ann § 30-4-30(B) allows us to charge for “search, retrieval, and redaction” of records responsive to FOIA requests. This fee cannot “exceed the prorated hourly salary of the lowest paid employee who, in the reasonable discretion of the custodian of the records, has the necessary skill and training” to complete the necessary search, retrieval, and redaction of the records. Additionally, the law allows us to charge a copy fee. We charge $0.25 per page for copying. In order to determine the cost for search, retrieval, and redaction, the FOIA office contacts the SCDC office which has custody of the requested records. That office indicates to us how long the search, retrieval, and redaction process will likely take and who they feel is the lowest paid qualified employee to perform it.

SCDC FOIA Office

Post Office Box 21787

Columbia, SC 29221-1787

FOIA@doc.sc.gov<mailto:FOIA@doc.sc.gov>

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