COVID Test Numbers
Dear New Jersey Department of Corrections,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
I am looking for the 2022 to 2023 COVID testing numbers. Your staff test staff and inmates within your department. I am looking for the weekly break down during that time period. This is to include how many people tested to how many people should be testing. This is from January 01, 2022 to March 10, 2023.
Also per this request I am requesting your current testing policy and what is the discipline procedure for failing to test.
It is brought to our attention that not a few but hundreds of staff are refusing to test. Please provide a list of staff members that have been non compliant and a list that have been disciplined.
A lot of our family members have become sick and some have died, we would like all the information. Also please let me know who is in charge of the oversight of the COVID testing of staff and inmates.
Yours faithfully,
Family members of the incarcerated people.
Dear Requester,
Records for your first two requests can be found in the below link and the attached document.
https://www.state.nj.us/corrections/page...
The Department cannot answer the third request as this would require research. OPRA only requires a response to a request for specific records, not for information and it does not require the creation of any document in order to respond. Pursuant to case law, a request is invalid where it requires a custodian to conduct research and correlate data from various records. See, e.g. MAG Entertainment LLC v. Division of Alcohol Beverage Control, 375 N.J. Super. 534 (App. Div. 2005). Additionally, any record would be exempt pursuant to NJSA 47:1A-10 Personnel and pension records.
You have a right to challenge the decision by the Department of Corrections. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint in writing with the Government Records Council (GRC). You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ 08625, by e-mail at [email address] or at their web site at www.state.nj.us/grc. The Council can also answer other questions about the law.
Thank you,
John Falvey
NJDOC Records Custodian