State/local policies re: hostages within correctional facilities (Department of Corrections)
| Submitted | Oct. 23, 2015 |
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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 policies, procedures, memorandums of agreements, other memos, directives, communications, occurrence reports, and any other relevant materials regarding the reporting, negotiations, control, aftermath, and general treatment of hostages taken or individuals restrained in a hostage-like manner by individuals detained or under the supervision of facilities maintained under the jurisdiction of this agency, including juvenile, local, and private facilities, if applicable. If additional policies are maintained by other agencies, direction indicating such would be greatly appreciated.
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 Lipton
From: Jonathan Eckstrom (C054560)
Mr. Lipton,
SCDC received your Freedom of Information Act (FOIA) request on October 23, 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: 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 Oct. 23, 2015. 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: Jonathan Eckstrom (C054560)
Mr. Lipton,
Thank you for your email. I am hopeful you will receive a response regarding the above referenced FOIA request the week of November 30, 2015. I have multiple FOIA requests I am working on right now that I received prior to your request. Should you have any questions, please contact me.
Thank you,
Jonathan R. Eckstrom
SC Department of Corrections
Office of General Counsel
803-896-4513
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 Oct. 23, 2015. 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: Jonathan Eckstrom (C054560)
Mr. Lipton,
Documents that contain information regarding SCDC hostage information are not available through FOIA, as stated in FOIA exemptions 30-4-20 (c) and 30-4-40 (a)(3). Additionally, the current and non-restricted SCDC policies and procedures are available through our website, http://www.doc.sc.gov/pubweb. Once you are on the SCDC homepage, click the “General Counsel” heading on the right side of the page. Then you will need to click the “SCDC Policies” tab to view the SCDC policies and procedures. Should you have any questions, please contact me.
Sincerely,
Jonathan R. Eckstrom
Files
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