Media Rights

Access to Criminal Offender Record Information is restricted to persons and public agencies as authorized by provisions of law. California Penal code Section 13102 defines CORI as records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release. Rules regarding inspection of juvenile files, confidentiality, and release of information are found in California Welfare and Institutions Code (WIC) Section 827.

A California Attorney General Opinion re-emphasized the legal requirement for California law enforcement agencies to maintain the confidentiality of criminal offender information. This requirement makes it a criminal offense to release a person’s present or past probation status to members of the public who are not authorized by statute to receive that information. This Directive provides an understanding of the types of records that are confidential, and establishes a Departmental process for handling requests for Criminal Offender Record Information (CORI).

TYPES OF RECORDS AND/OR INFORMATION THAT ARE CONFIDENTIAL

Confidential records are information regarding a probationer or victim that includes, but is not limited to, the following:

  • Case record information regarding probationer or victim
  • Name & date of birth of probationer or victim
  • Physical description of probationer or victim
  • Dates of arrests of probationer
  • Disposition of probationer case(s)
  • Criminal charges for probationer
  • Detention information (Adults or Juveniles)
  • Release date from county jail, juvenile hall, group home or camp
  • PDJ file information
  • X-File information

PERSONS AUTHORIZED TO RECEIVE CORI

There are persons or entities that are authorized to receive CORI, during the course of their duties. (i.e. – the persons or entities must have a “need to know” and a “right to know.”)

Adult Probationers

Those with a business need to know and authorized to receive and/or discuss CORI information on adult probationers include:

  • Court personnel
  • Peace Officers
  • District Attorney or City Attorney authorized to prosecute
  • Probation Officers
  • Parole Officers
  • Pretrial Services
  • The adult subject of the criminal offender record information
  • Victims of adult probationers (excluding defendant address information)

Due to the time constraints for CORl requests from field law enforcement agencies, court agencies or Pretrial Services agencies, the release of CORl to these organizations will be the only exception to the requirement for the submission of a written request. However, staff shall verify the identity of the caller, inclusive of the following:

  • Reason for request (need to know and right to know)
  • Requesting officer’s name
  • Agency name
  • Badge number (if applicable)
  • Call back number
  • Office assignment telephone

All information shall be entered in the APS, DCID, CClD or TECD screen and in a Third Party Log. The requestor will be directed to fax the written request and identity information to the staff providing the information within 24 hours. All Probation personnel, with access to the Justice Data Interface Controller (JDIC), will maintain a Third Party Log (Attachment A). The log will be kept at the staff’s work station and will be used to record information regarding the release of CORl to all authorized parties. NOTE: If the requestor fails to fax a written request at the agreed upon timeframe, it is the responsibility of the Probation staff to track the facsimile request.

Juvenile Probationers

Those with a business need to know, who are authorized to receive and/or discuss CORl information on juvenile probationers include:

  • Court personnel
  • Peace Officers
  • District Attorney or City Attorney authorized to prosecute
  • Probation Officers
  • Parole Officers
  • A Public Defender or Attorney of Record for the parties actively participating in criminal or juvenile proceedings involving the minor
  • The juvenile subject of the criminal offender record information
  • The minor who is the subject of the proceedings
  • Attorney for the minor who is actively participating in the criminal or juvenile proceedings involving the minor
  • Those authorized pursuant to a certified court order
  • Persons authorized pursuant to Sections 827 and 828 of the Welfare and Institution Code, including:
    • ► Parents or guardian
    • ► Superintendent of schools or designee in district where minor attends school
    • ► Officials from government child protective agencies
  • Victims of juvenile probationers – Centralized Restitution Unit (CRU) staff or the DPO of Record shall provide information to the victim, pursuant to section 730.7 of the Welfare and Institution Code (WIC).

REQUEST TO INSPECT/VIEW JUVENILE CORl BY PERSONS AUTHORIZED OR ENTITLED

Persons that are authorized/entitled to inspect juvenile records may do so by completing a “Declaration in Support of Access to Juvenile Records” form (Attachment B) accompanied by presentation of proper identification. Staff shall place the original copy of the declaration in the minor’s PDJ file. If the authorized/entitled person subsequently requests copies of records after conducting their inspection of the PDJ file, a copy of the “Declaration in Support of Access to Juvenile Records” form shall be faxed to Civil Litigation at (562) 940-2989. Copies of requested documents will be provided through the Superior Court Juvenile Division through Civil Litigation. These requirements shall not preclude the DPO from verbally sharing information or discussing facts of a case with persons or agencies that are entitled to having such information (as allowed under Section 827 WIC).

PERSONAL STORAGE DEVICES:

Portable devices such as laptop computers may be used by employees to store CORl needed for work related purposes. Data stored on these devices must be encrypted to ensure that CORl is not compromised in the event the device is lost or stolen. To encrypt portable devices contact the Information Services Bureau as stated in the Department’s Networked Computing Policy Directive No. 1127, issued on April 4, 2007.

PROCESSING WRITTEN REQUESTS FROM AUTHORIZED PERSONS OR ENTITIES

All staff who receive a request for CORl from authorized persons or entities shall alert the requestor that all requests for CORl must be processed in writing through the appropriate Departmental Custodian of Records. Staff shall immediately forward a request for CORl as listed below:

Open/Active Files

  • Requests for records for active files should go to Custodian of Records at Headquarters. Requests should be faxed Attn: Custodian of Records at (562) 940-2989

Closed Files

  • Requests for records for closed files should go to Custodian of Records at Central Adult Investigation (CAI). Requests should be faxed Attn: Custodian of Records at (213) 485-0102

PERSONS OR ENTITIES UNAUTHORIZED TO RECEIVE CORl

All persons or entities that cannot be confirmed (per established procedures) to belong to the authorized list shall be considered unauthorized to receive CORI. Staff shall inform unauthorized persons or entities that confidential information will not be released. Staff receiving the inquiry shall neither confirm nor deny the supervision or probation status of the subject of the inquiry.

If the person or entity claims to have information that may result in a potential violation, staff shall take the information and advise the person/entity that it will not be confirmed or denied whether the person they are making the claim against is, or is not, on probation. However, staff should alert the claimant that if an individual is found to be on probation, the information will be forwarded to the DPO of Record and handled appropriately.

Questions regarding this Directive should be directed to the Civil Litigation Coordinator at (323) 260-2796.

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