Investigations of sexual abuse (Department of Criminal Justice)

Nathanael King filed this request with the Texas Department of Criminal Justice of Texas.

It is a clone of this request.

Tracking # OR2017-17710
Est. Completion None
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From: Nathanael King

To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

All administrative investigations since Jan. 1, 2013 into allegations of sexual abuse in correctional facilities administered by your agency. Title 115.71 (f) of the federal Prison Rape Elimination Act (PREA) requires that all administrative investigations "shall be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings."

-All criminal investigations since Jan. 1, 2013 of allegations of sexual abuse in correctional facilities administered by your agency. Title 115.71 (g) of the PREA requires that all criminal investigations "shall be documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible."

Title 115.71 (i) of the PREA requires that correctional agencies maintain copies of administrative and criminal investigations for "as long as the alleged abuser is incarcerated or employed by the agency, plus five years."

I understand that the documents I am requesting contain sensitive, personal information, and I expect that you will redact names and other identifying facts.

As a member of the news media, I request that all fees be waived.

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 10 business days, as the statute requires.

Sincerely,

Nathanael King

From: OGC Open Records

Mr. King,

This is to advise you that we are asking the Office of the Attorney General to decide whether certain information that we have responsive to your request should be made available to you. We believe your request covers information that is confidential and therefore not releasable to you.

If we have responsive information that is not the subject of a request for decision it will be released to you.

Regards,
Amy Lee
Legal Assistant II

The information contained in this email and any attachments is intended for the exclusive use of the addressee(s) and may contain confidential, privileged, or proprietary information. Any other use of these materials is strictly prohibited. This email shall not be forwarded outside the Texas Department of Criminal Justice, Office of the General Counsel, without the permission of the original sender. If you have received this material in error, please notify me immediately by telephone and destroy all electronic, paper, or other versions.

From: OGC Open Records

Mr. King,

Please find attached a copy of the brief submitted to the Office of the Attorney General in regards to your below request.

Regards,
Amy Lee
Legal Assistant II

The information contained in this email and any attachments is intended for the exclusive use of the addressee(s) and may contain confidential, privileged, or proprietary information. Any other use of these materials is strictly prohibited. This email shall not be forwarded outside the Texas Department of Criminal Justice, Office of the General Counsel, without the permission of the original sender. If you have received this material in error, please notify me immediately by telephone and destroy all electronic, paper, or other versions.

From: Texas Department of Criminal Justice

A fix is required to perfect the request.

From: Texas Department of Criminal Justice

The request has been rejected by the agency.

From: Open Records Exec Services

Mr. King,

Please see the attached cost estimate for your request for records.

In order to alleviate the cost, a suggestion would be that we provide you with the available statistics concerning sexual abuse investigations since 2013. This information could be provided to you at no cost. If you wish to go this route, please let us know. If not, we can start to compile the releasable information originally requested once payment is received.

Should you have questions, please contact our office.

Tammy Houser
Open Records Coordinator
Texas Department of Criminal Justice
Executive Services
Phone (936) 437-6460
Fax (936) 437-2125

Note: The information contained in this electronic mail and attachments is intended for the exclusive use of the addressee(s) and may contain confidential, privileged, or proprietary information. Any other use of these materials is strictly prohibited. This email may not be forwarded outside the Texas Department of Criminal Justice without the permission of the original sender. If you have received this material in error, please notify me immediately by telephone and destroy all electronic, paper, or other versions.

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