Public Records Request Regarding Prisoners with Disabilities in PA Department of Corrections (“DOC”) Facilities

Jamelia Morgan filed this request with the Department of Corrections of Pennsylvania.
Status
Completed

Communications

From: Jamelia Morgan

To Whom It May Concern:

Pursuant to Pennsylvania Right to Know Act, I hereby request the following records:

1. The number of prisoners who have been identified by DOC as blind or as having visual impairments;
2. The number of prisoners who have been identified by DOC as deaf or as being hard of hearing;
3. The number of prisoners who have been identified by DOC as being blind and deaf;
4. The number of prisoners who have been identified by DOC as having mobility impairments (e.g., spinal cord injuries, quadriplegia, etc.);
5. The number of prisoners who have been identified by DOC as requiring a mobility device (e.g., cane, wheelchair, walker, etc.);
6. All current DOC Administrative Directives, guidelines, manuals, and policies governing the provision of services and compliance procedures under the ADA;
7. All current DOC Administrative Directives, guidelines, manuals, and policies governing ADA grievance procedures for prisoners;
8. The number of ADA-related grievances by prisoners with disabilities that were filed from January 2013-December 2015;
9. The number of ADA-related grievances filed by prisoners with disabilities that were resolved from January 2013-December 2015; and
10. The number of ADA-related grievances filed by prisoners with disabilities that are currently pending.

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.

We know that responding to this request will take some time, and are willing to work with you on developing a production timeline. However, it is also necessary that we receive the responsive documents quickly enough to make them relevant and accurate. We hope that we can work together to identify a timeframe that is satisfactory to both parties.

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. If you have any questions, please feel free to contact me via email at jmorgan@aclu.org, or via phone at (202) 715-0838.

Sincerely,
Jamelia Morgan

From: Filkosky, Andrew

Dear Ms. Morgan,

This email acknowledges receipt by the Department of Corrections of your written request for records under the Pennsylvania Right-to-Know Law (RTKL). Your request was received by this office on April 5, 2016. Therefore, under the RTKL, a written response to your request is due on or before April 12, 2016. This email is provided pursuant to that requirement. This email is an interim response to your request. A final response will be sent at a later time as outlined below.

You are hereby notified that, for the reason set forth below, the Department will require an additional 30 calendar days, i.e. until May 12, 2016, in which to provide a final written response to your request:

· A legal review is necessary to determine whether the record requested is subject to access under the Act.

At this time, the Department is unable to provide you with an estimated cost to fulfill your current request if it is granted. Any actual or estimated fees will be identified in the Department’s future response.

Sincerely,

Andrew Filkosky | Agency Open Records Officer
Department of Corrections | Office of Chief Counsel
1920 Technology Parkway
Mechanicsburg, PA 17050
Phone: 717.728.7770 | Fax: 717.728.0312
www.cor.pa.gov<http://www.cor.pa.gov>

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
ATTORNEY WORK PRODUCT
The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.

From: Filkosky, Andrew

Dear Ms. Morgan,

This email acknowledges receipt by the Department of Corrections of your written request for records under the Pennsylvania Right-to-Know Law (RTKL). Your request was received by this office on April 5, 2016.

From: Jamelia Morgan

Good afternoon,

Prior communications indicated that a final response would be ready by May 12th. Is there an update from PA DOC on this request?

Please advise.

Sincerely,
Jamelia Morgan
Litigation Fellow, National Prison Project
American Civil Liberties Union
915 15th St. NW, Washington, D.C. 20005
■ 202.715.0838 ■ jmorgan@aclu.org
www.aclu.org

From: Filkosky, Andrew

Ms. Morgan,

A response was sent to you on May 4, 2016 via email. I will send the response to you again.

Sincerely,

Andrew Filkosky | Agency Open Records Officer
Department of Corrections | Office of Chief Counsel
1920 Technology Parkway
Mechanicsburg, PA 17050
Phone: 717.728.7770 | Fax: 717.728.0312
www.cor.pa.gov<http://www.cor.pa.gov>

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
ATTORNEY WORK PRODUCT
The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.

From: Filkosky, Andrew

Ms. Morgan,

Here is the response to your RTKL request originally sent May 4, 2016.

Sincerely,

Andrew Filkosky | Agency Open Records Officer
Department of Corrections | Office of Chief Counsel
1920 Technology Parkway
Mechanicsburg, PA 17050
Phone: 717.728.7770 | Fax: 717.728.0312
www.cor.pa.gov<http://www.cor.pa.gov>

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
ATTORNEY WORK PRODUCT
The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.

From: Jamelia Morgan

Good Morning,

I've received the two policies. However, the following items in the request have not been addressed:

1. The number of prisoners who have been identified by DOC as blind or as having visual impairments;
2. The number of prisoners who have been identified by DOC as deaf or as being hard of hearing;
3. The number of prisoners who have been identified by DOC as being blind and deaf;
4. The number of prisoners who have been identified by DOC as having mobility impairments (e.g., spinal cord injuries, quadriplegia, etc.);
5. The number of prisoners who have been identified by DOC as requiring a mobility device (e.g., cane, wheelchair, walker, etc.);
6. The number of ADA-related grievances by prisoners with disabilities that were filed from January 2013-December 2015;
7. The number of ADA-related grievances filed by prisoners with disabilities that were resolved from January 2013-December 2015; and
8. The number of ADA-related grievances filed by prisoners with disabilities that are currently pending.

Thank you,
Jamelia

From: Filkosky, Andrew

Ms. Morgan,

It appears that the response email originally sent to you was cut off for some reason. The statistics that you requested that we were able to provide were included in the response. I’ve scanned in the response and attached it to this email.

Sincerely,

Andrew Filkosky | Agency Open Records Officer
Department of Corrections | Office of Chief Counsel
1920 Technology Parkway
Mechanicsburg, PA 17050
Phone: 717.728.7770 | Fax: 717.728.0312
www.cor.pa.gov<http://www.cor.pa.gov>

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
ATTORNEY WORK PRODUCT
The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.

From: Jamelia Morgan

Thank you.

From: Jamelia Morgan

Good Morning Andrew,

Does the number of persons who are "vision impaired" include persons whose vision can be corrected with prescription sunglasses?

Thank you,
Jamelia

From: Filkosky, Andrew

Ms. Morgan,

I looked into your question and we do not track the number of inmates whose vision can be corrected with prescription sunglasses. So, the number that was provided to you does not include inmates whose vision can be corrected with prescription sunglasses.

Sincerely,

Andrew Filkosky | Agency Open Records Officer
Department of Corrections | Office of Chief Counsel
1920 Technology Parkway
Mechanicsburg, PA 17050
Phone: 717.728.7770 | Fax: 717.728.0312
www.cor.pa.gov<http://www.cor.pa.gov>

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
ATTORNEY WORK PRODUCT
The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.

From: Jamelia Morgan

Mr. Filkosky,

Does the number of persons who are "vision impaired" include persons whose vision can be corrected with prescription glasses or contact lenses?

Thank you,
Jamelia

From: Filkosky, Andrew

Ms. Morgan,

I looked into your question and that number does not include inmates whose vision can be corrected with prescription glasses or contact lenses.

Sincerely,

Andrew Filkosky | Agency Open Records Officer
Department of Corrections | Office of Chief Counsel
1920 Technology Parkway
Mechanicsburg, PA 17050
Phone: 717.728.7770 | Fax: 717.728.0312
www.cor.pa.gov<http://www.cor.pa.gov>

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
ATTORNEY WORK PRODUCT
The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.

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