SUNSHINE LAW REQUEST
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Sunshine laws (at the state level) and FOIA (Freedom of Information Act- at the federal level) guarantee the public’s right to access government records
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WHAT FAMILY/ADVOCATES CAN REQUEST
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DOC Policies & Procedures – e.g., visitation rules, grievance systems, mail/phone policies, medical care protocols.
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Facility Records – staffing levels, incident reports, use-of-force statistics, lockdown schedules.
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Inmate Data (aggregate, not private) – number of people in solitary, medical care wait times, parole approval rates.
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Contracts & Finances – agreements with phone providers, commissary vendors, private prison operators.
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LIMITS TO KNOW
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Personal medical files or case-specific documents may be exempt under privacy laws (HIPAA). Your loved one usually has to sign a release for you to get their individual records.
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Agencies can charge copy/search fees (though you can request a waiver if you’re low-income or if the request serves the public interest).
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Some states exclude certain records (e.g., security camera footage, detailed emergency protocols).
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HOW TO USE THEM
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Find your state’s Sunshine Law guide (every state has an open-records office or website).
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Write a clear request:
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Identify the record (“All visitation policies for XYZ Correctional Center, current as of 2025”).
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State that you are making the request under your state’s Sunshine Law (or FOIA if federal).
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Submit to the DOC records officer (usually online, email, or mail).
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Track deadlines: agencies often must respond in 3–30 days depending on the state.
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Appeal if denied: most states have an appeal process, sometimes through the Attorney General.
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WHY IT MATTERS FOR ADVOCACY
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Gives families official documents to hold staff accountable (“Your own policy says visitation denials must be documented, yet we received none”).
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Lets families uncover patterns of abuse or neglect (e.g., understaffing, high solitary rates).
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Provides ammunition for media and campaigns (journalists often rely on Sunshine Law requests to expose injustice).
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Empowers families by shifting them from pleading for fairness to demanding compliance with law and policy.
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LETTER TEMPLATE for SUNSHINE
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Your Name:
Your Title / Organization, if applicable
Phone Number
Email Address
Date:
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Custodian of Records
Agency Name
Agency Address
City, State, Zip
RE: Public Records Request
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Dear Custodian of Records,
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This letter constitutes a formal request under the [insert applicable law - e.g., State Public Records Act / Freedom of Information Act (FOIA) / Sunshine Law] for access to the following records:
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Clearly list records requested - e.g., “All incident reports, disciplinary records, and internal communications related to (Name / ID #) from January 1, 2023, to present.”)
To ensure compliance with applicable law, I respectfully remind the agency of the following obligations:
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A written response is required within the statutory timeframe (e.g., 3–10 business days, depending on jurisdiction).
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If access is denied, the agency must cite the specific legal exemption relied upon to withhold or redact records. General or vague denials are not sufficient.
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I am willing to pay reasonable fees for duplication; however, if estimated costs exceed $50, please notify me in advance.
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If available, please provide the records electronically (email or PDF) to expedite delivery and reduce costs.
These records are material to ongoing advocacy and legal review, and timely access is critical. Failure to provide records as required by law may result in an appeal, complaint, or litigation to enforce compliance.
Please confirm receipt of this request and provide an anticipated timeline for production of documents.
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Respectfully,
Your Signature
