|Submitted||Feb. 11, 2014|
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To Whom It May Concern:
Pursuant to Virginia Freedom of Information Act, I hereby request the following records:
All administrative investigations since Aug. 20, 2012 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 Aug. 20, 2012 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.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
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 5 business days, as the statute requires.
Dear Mr. Feathers,
This office is in receipt of your request for information below. Pursuant to Code of Virginia § 2.2-3704 (A) public records are open to inspection and/or copying to (1) citizens of the Commonwealth of Virginia; (2) representatives of newspapers and magazines with circulation in Virginia; and (3) representatives of radio and television stations broadcasting in or into Virginia. While it appears your organization does not meet any of these definitions, you can access the Department's annual PREA report here: http://vadoc.virginia.gov/about/facts/default.shtm. This report may provide some of the information you seek. Thank you for contacting the Virginia Department of Corrections.
Michele S. Howell
Legal Issues Coordinator
Department of Corrections
6900 Atmore Drive
Richmond, VA 23225
(804) 887-8340 - phone
(804) 674-3509 - fax
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