Sexual Assault Evidence Collection (Virginia Department of Public Safety)

Ginette Walls filed this request with the Virginia Department of Public Safety of Virginia.
Submitted Dec. 9, 2016
Est. Completion None
Status
Fix Required

Communications

From: Ginette Walls

Subject: Freedom of Information Act Request: Sexual Assault Evidence Collection (Virginia Department of Public Safety)

Email

To Whom It May Concern:

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

Any and all policies, procedures, memorandums, directives, and any other guiding materials regarding matters pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits (also known as “sexual assault kit”, “sexual offense evidence collection kit”, “sexual assault forensic evidence kit”, “physical evidence recovery kit”, “rape test kit”, or “rape kit”), including, but not limited, to the following:

- Policies and procedures related to the initial collection of sexual assault evidence collection kits.
- Policies and procedures regarding the timeframe of the collection and testing of sexual assault evidence collection kits including the timeframe required for sexual assault evidence collection kits testing by the examiner (also known as “sexual assault examiners”, “sexual assault nurse examiners”, or “sexual assault forensic examiners”).
- All mechanisms by which sexual assault evidence collection kits are or can be tested including all designated facilities where sexual assault evidence collection kits can be performed.
- Policies and procedures regarding the maintenance and transfer of sexual assault evidence collection kits.
- Policies and procedures concerning a petition to test a sexual assault evidence collection kits.
- Policies and procedures related to the process of checking the status of a sexual assault evidence collection kits and the notification provided to survivors regarding their sexual assault evidence collection kits.
- Policies and procedures regarding reports generated of both tested and untested sexual assault evidence collection kits, mandatory or voluntary reporting requirements regarding both tested and untested sexual assault evidence collection kits, and audits of the numbers of both tested and untested sexual assault evidence collection kits.
- Policies and procedures regarding the statute of limitations for maintenance and or storage of sexual assault evidence collection kits, both tested and untested.

If you'd like ID proof of my Virginia residency, please email me at nashtc@gmail.com.

Please include all available segregable data.

Please also provide all available data, statistics, or reports regarding matters pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits (also known as “sexual assault kit”, “sexual offense evidence collection kit”, “sexual assault forensic evidence kit”, “physical evidence recovery kit”, “rape test kit”, or “rape kit”), including, but not limited, to those materials related to the following specific elements of the sexual assault evidence collection process:

- The collection of sexual assault evidence collection kits.
- Timeframes of collection and testing of sexual assault evidence collection kits.
- Maintenance and transfer of sexual assault evidence collection kits.
- Petitions to test sexual assault evidence collection kits. (Please note this is not a request for identifying or confidential information of survivors or their cases or sexual assault evidence collection kits. This is a request for the numbers of petitions to test sexual assault evidence collection kits.)
- Requests to check the status of sexual assault evidence collection kits. (Please note this is not a request for identifying or confidential information of survivors or their cases or sexual assault evidence collection kits. This is a request for the numbers of requests to check sexual assault evidence collection kits status(es).)
- Notification given to survivors regarding their sexual assault evidence collection kits (Please note this is not a request for identifying or confidential information of survivors or their cases or sexual assault evidence collection kits. This is a request for the numbers of notifications given to survivors regarding their sexual assault evidence collection kits status.)
- Reports and audits generated of both tested and untested sexual assault evidence collection kits, issued by mandatory or voluntary reporting requirements

Should your agency believe that any additional policies, procedures, reports or other analysis pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits (also known as “sexual assault kit”, “sexual offense evidence collection kit”, “sexual assault forensic evidence kit”, “physical evidence recovery kit”, “rape test kit”, or “rape kit”), or any related issues may reside with another agency or agencies, indication of such agencies would be greatly appreciated.

Please notify us if further clarification is necessary.

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 5 business days, as the statute requires.

Sincerely,

Tom Nash

From: Virginia Department of Public Safety

Subject: RE: Freedom of Information Act Request: Sexual Assault Evidence Collection (Virginia Department of Public Safety)

Email

Dear Sir or Madam:

You asked for a follow-up to a request you claim was sent on December 9, 2016. We have received a number of requests from Muck Rock that, as I understand it, were all previously addressed.

The internet site Muck Rock poses a number of problems for processing requests submitted through it under the Virginia Freedom of Information Act. First, the email address is a randomly-generated set of numbers, with a Muck Rock email handle, leaving the identity of the actual requester unknown. The only listed physical address for sending responses is located in Massachusetts. Muck Rock is not otherwise a qualified media organization in Virginia, and there is no way to verify the identity of the requester. Pursuant to Va. Code § 2.2-3704(A), only Virginia citizens and certain Virginia media representatives are qualified to invoke the Virginia Freedom of Information Act, and public bodies are entitled to verify a requester’s standing to make a records request. This has become a particular problem as we have evidence that Muck Rock and/or affiliated persons promote “proxies” who provide their information so that others may use that information to make improper records requests.

Accordingly, we will not be responding to this request.

Should you seek to submit a request through a verifiable email address and establish yourself as qualified to make public records requests under VFOIA, then we’d be happy to process any request you may have.

Best,

Jae K. Davenport
Deputy Counsel to Governor Terence R. McAuliffe
Office of the Governor
1111 East Broad Street
Richmond, Virginia 23219
Tel: (804) 786-2211
Cell: (804) 380-7298
Fax: (804) 786-3985
JaeK.Davenport@governor.virginia.gov<mailto:JaeK.Davenport@governor.virginia.gov>

From: Caitlin Russell

Subject: RE: Virginia Freedom of Information Act Request: Sexual Assault Evidence Collection (Virginia Department of Public Safety)

Email

Hello Ms. Davenport,
I contacted the Executive Director of the Virginia FOIA Council, Allan Gernhardt, and he informed that you're incorrect in your assertion that using a human proxy constitutes an "improper request," under Virginia's FOIA law. As long as the requester is an in state resident, you are still required to respond to our requests. I've copied the request below. Please feel free to contact me at xxx-xxx-xxxx, or caitlin@muckrock.com if you'd like further clarification. Thank you.
Best,
Caitlin
----
To Whom It May Concern:

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

Any and all policies, procedures, memorandums, directives, and any other guiding materials regarding matters pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits (also known as “sexual assault kit”, “sexual offense evidence collection kit”, “sexual assault forensic evidence kit”, “physical evidence recovery kit”, “rape test kit”, or “rape kit”), including, but not limited, to the following:

- Policies and procedures related to the initial collection of sexual assault evidence collection kits.
- Policies and procedures regarding the timeframe of the collection and testing of sexual assault evidence collection kits including the timeframe required for sexual assault evidence collection kits testing by the examiner (also known as “sexual assault examiners”, “sexual assault nurse examiners”, or “sexual assault forensic examiners”).
- All mechanisms by which sexual assault evidence collection kits are or can be tested including all designated facilities where sexual assault evidence collection kits can be performed.
- Policies and procedures regarding the maintenance and transfer of sexual assault evidence collection kits.
- Policies and procedures concerning a petition to test a sexual assault evidence collection kits.
- Policies and procedures related to the process of checking the status of a sexual assault evidence collection kits and the notification provided to survivors regarding their sexual assault evidence collection kits.
- Policies and procedures regarding reports generated of both tested and untested sexual assault evidence collection kits, mandatory or voluntary reporting requirements regarding both tested and untested sexual assault evidence collection kits, and audits of the numbers of both tested and untested sexual assault evidence collection kits.
- Policies and procedures regarding the statute of limitations for maintenance and or storage of sexual assault evidence collection kits, both tested and untested.

Please include all available segregable data.

Please also provide all available data, statistics, or reports regarding matters pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits (also known as “sexual assault kit”, “sexual offense evidence collection kit”, “sexual assault forensic evidence kit”, “physical evidence recovery kit”, “rape test kit”, or “rape kit”), including, but not limited, to those materials related to the following specific elements of the sexual assault evidence collection process:

- The collection of sexual assault evidence collection kits.
- Timeframes of collection and testing of sexual assault evidence collection kits.
- Maintenance and transfer of sexual assault evidence collection kits.
- Petitions to test sexual assault evidence collection kits. (Please note this is not a request for identifying or confidential information of survivors or their cases or sexual assault evidence collection kits. This is a request for the numbers of petitions to test sexual assault evidence collection kits.)
- Requests to check the status of sexual assault evidence collection kits. (Please note this is not a request for identifying or confidential information of survivors or their cases or sexual assault evidence collection kits. This is a request for the numbers of requests to check sexual assault evidence collection kits status(es).)
- Notification given to survivors regarding their sexual assault evidence collection kits (Please note this is not a request for identifying or confidential information of survivors or their cases or sexual assault evidence collection kits. This is a request for the numbers of notifications given to survivors regarding their sexual assault evidence collection kits status.)
- Reports and audits generated of both tested and untested sexual assault evidence collection kits, issued by mandatory or voluntary reporting requirements

Should your agency believe that any additional policies, procedures, reports or other analysis pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits (also known as “sexual assault kit”, “sexual offense evidence collection kit”, “sexual assault forensic evidence kit”, “physical evidence recovery kit”, “rape test kit”, or “rape kit”), or any related issues may reside with another agency or agencies, indication of such agencies would be greatly appreciated.

Please notify us if further clarification is necessary.

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 5 business days, as the statute requires.

Sincerely,

Tom Nash

From: Virginia Department of Public Safety

Subject: RE: Virginia Freedom of Information Act Request: Sexual Assault Evidence Collection (Virginia Department of Public Safety)

Email

Caitlin,

I’m forwarding your request to our FOIA Officer and Deputy Counsel Jessica Killeen.

Jae K. Davenport
Deputy Secretary of Public Safety and Homeland Security
Patrick Henry Building
1111 East Broad Street
Richmond, VA 23219
(804) 786-5351

From:

Subject: Out of the Office RE: Virginia Freedom of Information Act Request: Sexual Assault Evidence Collection (Virginia Department of Public Safety)

Email

Hello,

I will be out of the office April 1-12 attending a conference then going on leave. I will have limited access to my email and phone during this time. If you need immediate assistance, please contact Ms. Danielle Crowley at 804-786-5351 (press 2). Thank you and have a good day.

Best,
--
JaeK. Davenport DeputySecretary of Public Safety and Homeland Security PatrickHenry Building 1111East Broad Street Richmond,VA  23219 (804)786-5351

From: Virginia Department of Public Safety

Subject: Re: Virginia Freedom of Information Act Request: Sexual Assault Evidence Collection (Virginia Department of Public Safety)

Email

To Whom it May Concern,

The Office of the Governor is in receipt of your request under the
Virginia Freedom of Information Act, § 2.2-3700, et seq. (Act). Pursuant
to §2.2-3704(A) of the Act, all public records shall be open to citizens of
the Commonwealth, representatives of newspapers and magazines with
circulations in the Commonwealth, and representatives of radio and
television stations broadcasting in or into the Commonwealth during the
regular office hours of the custodian of such records. Please provide
information that confirms that you are either (1) a citizen of the
Commonwealth (such as a Virginia address) or (2) a representative of a
newspaper or magazine with circulations in the Commonwealth, or (3) a
representative of a radio or television station broadcasting in or into
the Commonwealth. From your email, it is unclear who is making a request.
Best,

Jessica

--

Jessica R. Killeen
Deputy Counsel to Governor Ralph S. Northam
Office of the Governor
Patrick Henry Building

1111 East Broad Street

Richmond, Virginia 23219

Office Number: (804) 663-7880

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