Mortality Data and Related Policies, 2000-2020
| Tracking # |
FOIA-0123-21 |
| Submitted | May 20, 2021 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: COVID Prison Project
FOIA Coordinator
Office of General Counsel
South Carolina Department of Corrections
Post Office Box 21787
Columbia, SC 29221-1787
To SCDC FOIA Coordinator:
Pursuant to the South Carolina Freedom of Information Act, §30-4-10 et seq., I hereby request the following records:
– Those which include time and date of all instances of death occurring in the offender population between January 2000 and December 2020.
– Those which indicate the total number of individuals in South Carolina Department of Corrections (SCDC) custody who died by any cause, separated monthly, from January 2000 to December 2020.
– Monthly population records that include the total number of deaths occurring among people in the custody of the SCDC between January 2000 and December 2020.
– Final reports of death for all individuals in SCDC custody who died between January 2000 and December 2020.
Additionally, I am requesting an opportunity to inspect or obtain copies of any and all SCDC policies, regulations, and procedures, pertaining to...
– Investigations of in-custody deaths.
– Requirements for the performance of an autopsy or post-mortem medical examination of individuals who die while in SCDC custody.
– The reporting of in-custody deaths to other governmental agencies.
– Next-of-kin notification in the event of in-custody deaths.
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. However, we respectfully request a waiver of these fees as we are affiliated with an educational or noncommercial scientific institution, and this request is made for a scholarly or scientific purpose and not for a commercial use.
The South Carolina Freedom of Information Act requires a response time within 15 business days. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records. If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Forrest Behne
Policy Director, COVID Prison Project
University of North Carolina at Chapel Hill
Office: (919) 391-7962
340 MacNider Hall | Campus Box 7240
333 South Columbia Street
Chapel Hill, NC 27599-7240
From: Department of Corrections
Dear Requester,
The South Carolina Department of Corrections is in receipt of your attached FOIA request as of May 20, 2021. Your request has been assigned request number FOIA-0123-21. Please use this number in future correspondence regarding this request. As required by S.C. Code Ann. §30-4-30(c), you will receive a determination regarding the availability of these records within the applicable statutory timeframe.
FOIA Office
South Carolina Department of Corrections
803-896-8508
foia@docs.sc.gov<mailto:foia@docs.sc.gov>
-
South Carolina Public Records Law Request: Mortality Data and Related Policies, 2000-2020
From: Department of Corrections
Dear Requester,
The South Carolina Freedom of Information Act enumerates several matters which are exempt from disclosure pursuant to the Act or are excluded from the Act's definition of a public record. Some of the records which you have requested in FOIA request FOIA-0123-21 are subject to one of these exemptions or exclusions. Specifically, some of the records you have requested are exempt or excluded based on the below listed section(s) of the FOIA statute.
Applicable exemption(s) and/or exclusion(s):
S.C. Code § 30-4-20(c) Security plans and devices are specifically excluded from the definition of the term "public record."
Additionally, there are some records which are responsive to your request which we will not be able to produce pursuant to SC Code § 30-4-110. Specifically, SCDC form 8-2, Report of Inmate Death, which is completed for each person who dies in custody. This form contains personal information such as the person's social security number and the address of their next of kin. As such, each one would have to be reviewed and redacted prior to being produced. You have requested records for a 20 year time period. It just is not feasible for us to review and redact that many of these forms. As such, we believe that this request is "unduly burdensome, overly broad, vague, repetitive, or otherwise improper" as contemplated by SC Code § 30-4-110 to the extent that it requests these forms.
I have forwarded your request to the appropriate records custodians to obtain the requested documents if available. You will receive these records within the applicable statutory timeframe pursuant to SC Code § 30-4-30(c). Please note that these records may be redacted pursuant to the above or any other applicable exemptions or exclusions.
Sincerely,
SCDC FOIA Office
Post Office Box 21787
Columbia, SC 29221-1787
FOIA@doc.sc.gov<mailto:FOIA@doc.sc.gov>
From: COVID Prison Project
Hello SCDC FOIA Office,
Thank you for your prompt reply and thorough explanation. We understand the sensitive nature of the documents we requested and value the care that you place in protecting such information.
We look forward to hearing from the appropriate records custodian regarding the documents that are permissible for your organization to share. Should that office require further information or clarification in order to complete the request, we will be happy to provide it.
Gratefully,
Forrest Behne
Policy Director, COVID Prison Project
University of North Carolina at Chapel Hill
Office: (919) 391-7962
340 MacNider Hall | Campus Box 7240
333 South Columbia Street
Chapel Hill, NC 27599-7240
From: Department of Corrections
Dear Requester,
Attached please find available records responsive to request FOIA-0123-21. Additionally, we believe that the below listed SCDC policies are responsive to your request. You can access these policies on our website (http://www.doc.sc.gov/disclaimer.html).
Responsive policies:
HS-18.04, Inmate Death
HS-18.07 Inmate Health Records
PS-10.05, Inmate Religion
PS-10.10 Hospice and Palliative Service Program
All available responsive records have now been provided to you. As such, request FOIA-0123-21 is closed.
Sincerely,
SCDC FOIA Office
Post Office Box 21787
Columbia, SC 29221-1787
FOIA@doc.sc.gov<mailto:FOIA@doc.sc.gov>
-
Original Request FOIA-0123-21
Files
pages
-
05/21/2021
South Carolina Public Records Law Request: Mortality Data and Related Policies, 2000-2020
-