SCDC reports re: inmate debt

Beryl Lipton filed this request with the Department of Corrections of South Carolina.
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Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the South Carolina Freedom of Information Act, I hereby request the following records:

All reports, databases, spreadsheets, or equivalent materials regarding current debts/restitution owed to the South Carolina Department of Corrections. Please include all available segregable information (excluding, as necessary, personally-identifying elements), including but not limited to, the amount of the debt, the facility at which the offender is held, record of prior release, reason for debt, etc.

According to SCDC Policy Number ADM-15.01, Repayment of Costs by Inmates:

"8.2 An assessment of restitution will be considered as a debt to the SCDC satisfied only by payment in full
or upon the death of the inmate. If restitution has not been satisfied at the time of an inmate's release, the
Division of Finance will maintain a record of the inmate's balance at the time of his/her release. In the event
that the inmate should be readmitted to the SCDC, the Division of Finance will begin withholding the
inmate's funds in the order of priority established in Paragraph 7., above."
(http://www.doc.sc.gov/pubweb/policy/ADM-15-01.htm1447110015736.pdf%20SCDC%20Form%2019-29A,%20%22Incident%20Report,%22)

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 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 look forward to receiving your response to this request within 15 business days, as the statute requires.

Sincerely,

Beryl C.D. Lipton

From: Jonathan Eckstrom (C054560)

Mr. Lipton,

SCDC received your Freedom of Information Act (FOIA) request on November 9, 2015. 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 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). Should you have any further questions, please do not hesitate to contact me.

Sincerely,
Jonathan R. Eckstrom

SC Department of Corrections
Office of General Counsel
803-896-4513

From: Jonathan Eckstrom (C054560)

Mr. Lipton,

Would you please clarify the exact information you are wanting on the spreadsheet regarding the attached FOIA request. Thank you and I look forward to hearing from you.

Sincerely,
Jonathan R. Eckstrom

From: Beryl Lipton

Hello Mr. Eckstrom,

Thank you so much for your response. I would be interested in all available segregable data that the Department is able to provide. For example:

• the amount of each debt owed by individual and the facility or facilities at which it was incurred
• the reason (or reasons) for which the debt was incurred
• the facility at which the offender was last held or is currently held
• any indication of whether the individual has carried debt over from a previous period of incarceration and, if so, the facility at which that debt was incurred

However, I understand that your Department may not hold this information in this format and I would be more than happy to give you a call this week to discuss how to best formulate this request.

I hope you had a lovely holiday!

Best wishes,
Beryl

From: Jonathan Eckstrom (C054560)

Beryl,

I have received your clarification email regarding the above referenced FOIA request. I am hopeful you will receive a response regarding this request the week of January 25, 2016. Should you have any questions, please contact me.

Sincerely,
Jonathan R. Eckstrom

From: Jonathan Eckstrom (C054560)

Mr. Lipton,

Please find attached the above referenced report. I have attached a zipped copy of the restitution file in a csv format. The attachment contains 1.4 million rows and it was too large to e-mail uncompressed. I have also attached the invoice for this matter. Should you have any questions, please contact me.

Sincerely,
Jonathan R. Eckstrom

SC Department of Corrections
Office of General Counsel
803-896-4513

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