California 12525 Data

Dave Maass filed this request with the California Department of Justice of California.
Status
Completed

Communications

From: Dave Maass

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

All Government Code Section 12525 data (deaths in custody) for calendar year 2014, as well as all 12525 data for deaths that occurred any time between January 1 and April 1, 2015.

This information is often provide to the California Department of Justice via BCIA 713 forms. In previous years, the department has provided this data as a spreadsheet. I would prefer that format. If the agency has received further documents beyond the BCIA 713 the form as part of 12525 reporting, please let me know so I may file a follow-up quest.

In the past, these documents have been provided to me free of charge. I would prefer the request filled electronically, by e-mail attachment, as has been the case in the past. The requested documents will be made available to the general public free of charge at MuckRock.com, and is not being made for commercial usage.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Dave Maass

From: Dave Maass

Hello -

Today is the tenth day after filing the request. When can I expect to receive the data?

Dave Maass

From: Jaimie Tackett

Dear Mr. Maass,

Attached please find the response to the California Public Records Act request that you submitted to the California Department of Justice on April 13, 2015.

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 227-3076

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Dave Maass

Thank you. Did the data collection practices change between 2014 and 2015. Deaths in the process of arrest don't seem to be included in the 2015 data.

From: Jaimie Tackett

Mr. Maass,

I have forwarded your question to the appropriate program and will let you know as soon as I receive their response.

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 227-3076

From: Jaimie Tackett

Mr. Maass,

The DOJ was remiss in releasing 2015 data as part of this PRA request as the file is still open and has not been tabulated, processed, and verified appropriately. That being said, in regard to your question, yes, the data collection practices changed between 2014 and 2015 due to the suspense of the federal arrest-related death reporting. The DOJ is awaiting direction from the federal government on the continued reporting of this data.

In regard to you statement “Deaths in the process of arrest don't seem to be included in the 2015 data,” as you can see in the 2015 file, there is a report of a death in custody with a facility of arrest (custodial responsibility at time of arrest) equal to “process of arrest.” Please note: The DOJ only maintains data, which has been reported to us by our reporting agencies.

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 227-3076

From: Dave Maass

Could you please elucidate on the status of the 2015 data? What else is missing from the data I currently have? What is the estimated completion date for the 2015 data? Are the individual forms available aside from the data?

From: Jaimie Tackett

Good afternoon Mr. Maass,

Below please find the responses to your follow-up questions.

Could you please elucidate on the status of the 2015 data? What is the estimated completion date for the 2015 data?
As previously stated, the DOJ was remiss in releasing January and February 2015 data as part of your PRA request as the file is still open and has not been tabulated, processed, and verified appropriately. 2015 data will be ready for release in early to mid-2016, once we have collected on and closed out our 2015 files.

What else is missing from the data I currently have?
As noted previously, the data collection practices changed between 2014 and 2015 due to the suspense of the federal arrest-related death reporting. And as noted, the DOJ only maintains the data that has been reported to us by our reporting agencies. Accordingly, the 2015 data set you were provided contains what was reported to us. The DOJ cannot comment on what might be missing as the responsibility to report falls upon the agencies; we are the repository.

Are the individual forms available aside from the data?
Since the forms support the data set, the forms could be available once the data set is available.

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 227-3076

From: Dave Maass

Ms. Tackett,

Can you please clarify this: "Since the forms support the data set, the forms could be available once the data set is available."

Is it CADOJ's position that the forms will not be available until mid-2016? Can you please provide the legal justification for withholding these records under the California Public Records Act?

Dave

From: Jaimie Tackett

Mr. Maass,

I have forwarded your additional follow-up to the appropriate program. I will advise as soon as I receive a response.

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 227-3076

From: Jaimie Tackett

Mr. Maass,

I do not have a response for you yet, but I wanted to give you an update. Your request for legal justification is under review by DOJ’s Division of Civil Law, Government Law Section. I will get back to you as soon as they provide a response.

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 227-3076

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 April 13, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

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 April 13, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Department of Justice

2013 Responsive Materials

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