From my cell at an Idaho prison, I write a monthly newsletter called First Amend This!, which provides news and stories for the incarcerated community about the goings-on of the Idaho Department of Corrections.   

Because of this work, I’m often approached by people with DOC-specific questions that I am unable to answer. Rather than speculate or commit myself to finding the answer, I use these opportunities to educate others on how to obtain the information themselves.

My main advice? Learn to request public records. 

For prison journalists, public record requests are a crucial way to learn about the government entities that control the lives of incarcerated people. In my work, I use information from public records to add context to a story, support or counter a narrative, and signal to readers the depth of my research.

Here are two examples — one small, one big — of ways I’ve used public records.

• In response to a story about inadequate health care in Idaho prisons that ran in a local media outlet, the state corrections department claimed it was abiding by the National Commission of Correctional Health Care standards. I wanted to see these standards for myself. The commission wanted nearly $90 to send me a printed copy. But because the state prison system uses these standards to inform their operations, I was able to obtain a copy — for just $7 — through a public records request.
• In 2022, prices at my prison commissary spiked. Inflation was the culprit. Previously, curiosity drove me to request the corrections department contract with Keefe Commissary Network, which supplies and manages our prison corner store. So, when the price increases hit, I was prepared to publish a short article in my newsletter explaining how the company’s revenue-sharing program with the state prison system works, and how this provides an incentive for the state to permit Keefe to adjust its prices far beyond the consumer price index. One thing led to another, and five months later, Prison Journalism Project contacted me with an offer to report my findings in an essay for The New York Times about the effects of inflation inside prison.

Below I offer a general overview of public records and how to get them. 

What are public records?

Public records are documents, very broadly defined, that are generated by government bodies and made available to the public by state and federal laws. These laws are often referred to as sunshine laws, open records laws or freedom of information laws.

A lot more than you might expect is subject to public records laws, including government proposals, public contracts, meeting minutes, email communications, hand-written and typed notes, even images or photographs.

In the sidebars on this story, you can see examples of requests I have made.

Can anyone submit a public records request?

Public records laws vary by state, and some states restrict records access to individuals who are civilly committed, incarcerated and on community supervision.

If you’re incarcerated and without online support, try requesting the public records law that applies to you through either your facility’s paralegal or the policy coordinator.

Should you find yourself among those whose access to public records is restricted, consider asking an outside contact to submit a request on your behalf. (My father helps me with mine.)

How do I submit a public records request?

Public records requests can generally be submitted online through an entity’s official website or to a specified email address.

When submitting a request from a prison, you may be required to use a form specific to your facility. If a general prison or jail communique (a “kite,” in prison parlance) is all you have, address it to the records custodian or the public information officer. Be sure to state clearly: “This is a public information request for [details of request].”

It’s not always necessary to state the code under which you are submitting your request; but if relevant, it never hurts to cite the law that relates to your request.

Does it cost money?

Not always. Potential costs are determined by the scope of the request and method of delivery. 

To stay in the low-to-no-cost zone:

• Avoid submitting overly broad requests. You can always widen your search parameters later.
• Reduce potential materials costs by asking that all paper copies be printed double-sided with size-appropriate font, or that you be allowed to inspect the information in digital format on a computer in the education department or law library.
• When requesting information from an agency that has you in its custody, specify that you would like all responsive records delivered through inner-facility mail to avoid postage.
• Request a waiver of all applicable fees by stating that the information will be used for non-commercial purposes, to enhance the public’s understanding.

What if my request is delayed or denied?

Some states and the federal government allow you to challenge potential violations of protocol by filing an appeal or petition, or by requesting mediation. But before you do any of that, try politely following up on your original request to confirm it was received and to ask for the reason the requested information is being withheld.

I once used the DOC grievance system to compel a response. But I would recommend others weigh the risk of retaliation before attempting this approach. 

What if my request is returned with redactions?

Redactions are permitted for a variety of reasons. Should you feel that excessive redactions have been applied to your request, consider utilizing the appeal and/or mediation process.

What does your process look like?

I used to submit my requests on a resident concern form, or kite, addressed to the records custodian. Nowadays I send them over the prison messaging service JPay to my father, Dwight, who submits them in my name through my DOC’s website.

Tips:

To stay organized, keep track of your requests in a folder or notebook. Note the details of each request, the date it was submitted and any notifications received while awaiting fulfillment of the request.

Be cordial and concise. Say please and thank you. Keep in mind that records custodians aren’t innately aware of the location and contents of every file. Offer to provide further clarification if needed.

For more support, see this handy resource from Prison Policy Initiative.

Any recommendations specific to PJP writers?

Once familiar with applicable laws, try submitting a request for the monthly log of public records requests kept by your DOC. You will likely find templates used by others to submit a wide range of requests, along with evidence of developing stories that call for you as a writer.

I also recommend requesting the minutes from the most recent Board of Correction meeting or a similar high-level meeting. Meeting minutes act as your ticket into a room where executives discuss concerns, strategies and developments.

To receive more information on public records requests and different data sources for the U.S. criminal justice system, write Prison Policy Initiative for a free advocacy toolkit. PPI is a research and advocacy organization that focuses on issues related to mass incarceration.

Prison Policy Initiative
P.O. Box 127
Northampton, MA 01061

Disclaimer: The views in this article are those of the author. Prison Journalism Project has verified the writer’s identity and basic facts such as the names of institutions mentioned.