2014 Bureau of Prisons "Ethics Opinions"

Beryl Lipton filed this request with the Bureau of Prisons of the United States of America.

It is a clone of this request.

Tracking # 2016-00704
Status
Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All "Ethics Opinions" issued during the year 2014--including but not limited to the inquiry, response, and related directives--as outlined in Federal Bureau of Prisons Record Group 129.

This request is being made as part of an ongoing investigation and illumination of the for-profit incarceration practice in the United States. As all representatives of U.S. Immigrations and Customs Enforcement and the Department of Homeland Security must be aware, the incarceration and detention of individuals within privately-owned and privately-operated correctional facilities is now the subject of two pieces of Congressional legislation—H.R. 2470 and S.B. 2054— and has produced a widespread curiosity into their efficiency and efficacy.

For an important discussion to take place on these national, systemic issues, the public must necessarily be better educated. Disclosure of the requested materials would only provide the public with a greater ability to be so in the form of primary documents and the journalistic output created as a result. Since the corporations tasked with the government power of punishments are not themselves subject in whole to the Freedom of Information Act, it is incumbent upon the agencies that employ them to make available relevant materials, particularly those, such as contracts, that transfer tax dollars and disciplinary powers to a private entity.

As part of the effort to “effectively convey information to the public,” the materials provided in response to this request will be part of MuckRock’s ongoing efforts to contextualize this information, as demonstrated in part by recent articles and map-based infographics. (For reference: https://www.muckrock.com/project/the-private-prison-project-8/). This effort has received the open support of public readership, establishing a general interest in the subject matter at hand, and has elicited active interest from other members of the news media. The category of “news media entities” appropriately encompasses the position of the requester’s interest and the operations of MuckRock. All documents will be made available by MuckRock, which, at the least, provides its materials “to the public at large.” In fact, it does so at a rate more impressive and substantial than other entities that may be considered news media entities, like the hypothetical “television or radio stations”; the use of an internet platform guarantees that the news sources provided by MuckRock are easily accessible and guarded against the temporality that limits the effectiveness of dissemination provided by television, radio, and other transient means of broadcast. Further, MuckRock disperses its articles and associated assets without the financial limitations imposed on an audience by the need for “purchase or subscription by the general public” (allowed for in the definition); materials obtained through the Freedom of Information Act and others public records laws and news articles generated as a result are provided by MuckRock without charge.

As a result, the “contribution to public understanding of government operations or activities” and future potential there of may appropriately be considered “significant.”

To reiterate, no commercial interest exists in the submittal of this request. Provision of the requested materials to this requester would likely contribute to a reduction in wasted resources, as a thorough release of materials will limit the need for future reviews.

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 20 business days, as the statute requires.

Sincerely,

Beryl C.D. Lipton

From: OGC Electronic Freedom of Information

Your request for information has been received. Please read this automatic reply carefully as this may be the only response you receive from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and location, or date released can be found on the BOP website via the Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on inmates released from 1982 - present. If your request is for information available on the website, this is the only response you will receive. If you are unable to access the information via the website you may resubmit your request, however, please specify that you were unable to obtain the information from the website. In order that we may continue to provide needed information in a quick and efficient manner, please also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate information is the same database used on our website. If your search results in "NO RECORD FOUND," there is no further search our office can conduct that will provide a different response.

If you are requesting information that is not available via the Inmate Locator, (Inmate register numbers, age, race, sex, projected release date and location, or date released) please be advised that an original release Authorization from that person that is either notarized or contains a penalty of perjury statement is required. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this email, and indicate that you wish us to process your request as is, without authorization. You will need to explain why you are entitled to the information without an authorization. Absent a legally sufficient reason for releasing the records without consent, your request will be denied and appeal rights will be given. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a current, original release Authorization from that person that is either notarized or contains a penalty of perjury statement. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this text and indicate that you wish us to process your request as is, without authorization. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA Service Center (FSC) at 202.616.7750. Please note that this service is available only to requesters seeking information concerning the status of a submitted FOIA request.

From:

Please see the attachment.

From: OGC Electronic Freedom of Information

Your request for information has been received. Please read this automatic reply carefully as this may be the only response you receive from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and location, or date released can be found on the BOP website via the Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on inmates released from 1982 - present. If your request is for information available on the website, this is the only response you will receive. If you are unable to access the information via the website you may resubmit your request, however, please specify that you were unable to obtain the information from the website. In order that we may continue to provide needed information in a quick and efficient manner, please also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate information is the same database used on our website. If your search results in "NO RECORD FOUND," there is no further search our office can conduct that will provide a different response.

If you are requesting information that is not available via the Inmate Locator, (Inmate register numbers, age, race, sex, projected release date and location, or date released) please be advised that an original release Authorization from that person that is either notarized or contains a penalty of perjury statement is required. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this email, and indicate that you wish us to process your request as is, without authorization. You will need to explain why you are entitled to the information without an authorization. Absent a legally sufficient reason for releasing the records without consent, your request will be denied and appeal rights will be given. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a current, original release Authorization from that person that is either notarized or contains a penalty of perjury statement. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this text and indicate that you wish us to process your request as is, without authorization. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA Service Center (FSC) at 202.616.7750. Please note that this service is available only to requesters seeking information concerning the status of a submitted FOIA request.

From:

The records have been received and is being processed.

From: Beryl Lipton

Hi!

Thanks for the update. I'm looking forward to hearing from you again.

Have a great afternoon,
Beryl

From: Bureau of Prisons

A fix is required to perfect the request.

From: OGC Electronic Freedom of Information

Your request for information has been received. Please read this automatic reply carefully as this may be the only response you receive from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and location, or date released can be found on the BOP website via the Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on inmates released from 1982 - present. If your request is for information available on the website, this is the only response you will receive. If you are unable to access the information via the website you may resubmit your request, however, please specify that you were unable to obtain the information from the website. In order that we may continue to provide needed information in a quick and efficient manner, please also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate information is the same database used on our website. If your search results in "NO RECORD FOUND," there is no further search our office can conduct that will provide a different response.

If you are requesting information that is not available via the Inmate Locator, (Inmate register numbers, age, race, sex, projected release date and location, or date released) please be advised that an original release Authorization from that person that is either notarized or contains a penalty of perjury statement is required. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this email, and indicate that you wish us to process your request as is, without authorization. You will need to explain why you are entitled to the information without an authorization. Absent a legally sufficient reason for releasing the records without consent, your request will be denied and appeal rights will be given. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a current, original release Authorization from that person that is either notarized or contains a penalty of perjury statement. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this text and indicate that you wish us to process your request as is, without authorization. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA Service Center (FSC) at 202.616.7750. Please note that this service is available only to requesters seeking information concerning the status of a submitted FOIA request.

From:

Your request has been processed and is pending review.

From: MuckRock

To Whom It May Concern:

It appears as though your office overlooked an important component of this request. Please consider this communication confirmation that I remain interested in all processing and responsive materials regarding my FOIA request, assigned tracking number 2014-07789 by your office, in which I specifically requested:

All "Ethics Opinions" issued during the year 2014--including but not limited to the inquiry, response, and related directives--as outlined in Federal Bureau of Prisons Record Group 129.

At this time, please also note that I maintain interest in the continued processing of all Freedom of Information Act requests submitted in my name. If a timeframe remains necessary for any particular request, please respond to the individual communication containing the request.

Please confirm receipt of this email. It would be greatly appreciated.

Thank you,
Beryl

From: OGC Electronic Freedom of Information

Your request for information has been received. Please read this automatic reply carefully as this may be the only response you receive from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and location, or date released can be found on the BOP website via the Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on inmates released from 1982 - present. If your request is for information available on the website, this is the only response you will receive. If you are unable to access the information via the website you may resubmit your request, however, please specify that you were unable to obtain the information from the website. In order that we may continue to provide needed information in a quick and efficient manner, please also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate information is the same database used on our website. If your search results in "NO RECORD FOUND," there is no further search our office can conduct that will provide a different response.

If you are requesting information that is not available via the Inmate Locator, (Inmate register numbers, age, race, sex, projected release date and location, or date released) please be advised that an original release Authorization from that person that is either notarized or contains a penalty of perjury statement is required. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this email, and indicate that you wish us to process your request as is, without authorization. You will need to explain why you are entitled to the information without an authorization. Absent a legally sufficient reason for releasing the records without consent, your request will be denied and appeal rights will be given. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a current, original release Authorization from that person that is either notarized or contains a penalty of perjury statement. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this text and indicate that you wish us to process your request as is, without authorization. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA Service Center (FSC) at 202.616.7750. Please note that this service is available only to requesters seeking information concerning the status of a submitted FOIA request.

From:

Please see attached correspondence dated December 23, 2015

From: Beryl Lipton

Hi there,

I provided a response to your request for clarification on January 13, 2016. For reference, it is copied below on this email thread. Please let me know if any further clarification is necessary.

Thank you,
Beryl

From: OGC Electronic Freedom of Information

Your request for information has been received. Please read this automatic reply carefully as this may be the only response you receive from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and location, or date released can be found on the BOP website via the Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on inmates released from 1982 - present. If your request is for information available on the website, this is the only response you will receive. If you are unable to access the information via the website you may resubmit your request, however, please specify that you were unable to obtain the information from the website. In order that we may continue to provide needed information in a quick and efficient manner, please also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate information is the same database used on our website. If your search results in "NO RECORD FOUND," there is no further search our office can conduct that will provide a different response.

If you are requesting information that is not available via the Inmate Locator, (Inmate register numbers, age, race, sex, projected release date and location, or date released) please be advised that an original release Authorization from that person that is either notarized or contains a penalty of perjury statement is required. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this email, and indicate that you wish us to process your request as is, without authorization. You will need to explain why you are entitled to the information without an authorization. Absent a legally sufficient reason for releasing the records without consent, your request will be denied and appeal rights will be given. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a current, original release Authorization from that person that is either notarized or contains a penalty of perjury statement. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this text and indicate that you wish us to process your request as is, without authorization. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA Service Center (FSC) at 202.616.7750. Please note that this service is available only to requesters seeking information concerning the status of a submitted FOIA request.

From: Bureau of Prisons

A copy of documents responsive to the request.

From: Bureau of Prisons

A cover letter granting the request and outlining any exempted materials, if any.

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