NCJ Number
73222
Journal
Columbia Human Rights Law Review Volume: 9 Issue: 2 and V 10, N 1, double issue Dated: (Fall-Winter 1977-78, Spring-Summer 1978) Pages: 43-53
Date Published
1978
Length
11 pages
Annotation
The 1978 New York Freedom of Information Law, various records kept by New York on prison inmates, and how to use the law to obtain many of these records are discussed for New York prisoners.
Abstract
The Freedom of Information Law mandates public disclosure of information by an agency, except where disclosure is exempted by law, invades privacy, interferes with law enforcement investigations, endangers safety, or is not pertinent to the public. A discussion of the index of all records kept by the New York Department of Corrections (DOC) covers who keeps the index, how to obtain it, and its shortcomings. Discussion of administrative records, embodying DOC directives and policies, delineates which records must be disclosed. An examination of inmate records, including prison and court records other than medical records, covers their usual content, which records must be disclosed and which may not, and what to do about erroneous or incomplete records. Inmates are instructed to request the index and administrative and medical records in writing; the name and address of whom to contact are provided. Requests to obtain the index and all records must describe the documents sought. Within 5 business days after receiving the request, the pertinent official must deny access in writing, provide the record or a copy, certify the record as missing or nonexistent or disclose the agency possessing it. Appealing denials for records, officials' duties in investigating inmate record errors, and cases in which the New York courts have released previously privileged information from inmate records are also discussed. Footnotes are included.