§ 11120

PENAL CODE

§ 11120.

ARTICLE 5. EXAMINATION OF RECORDS

Record defined

As used in this article, "record" with respect to any person means the master record sheet maintained under such person's name by the Department of Justice, and which is commonly known as "arrest record,” “eriminal record sheet," or "rap sheet." "Record" does not include any other records of the department.

§ 11122. Submission of application; fee

Any person desiring to examine a record relating to himself shall obtain from the chief of police of the city of his residence, or, if not a resident of a city, from the sheriff of his county of residence, or from the office of the department, an application form furnished by the department which shall require his fingerprints in addition to such other information as the department shall specify. The city or county, as applicable, may fix a reasonable fee for affixing the applicant's fingerprints to the form, and shall retain such fee for deposit in its treasury.

§ 11123. Submission of application; fee

The applicant shall submit the completed application directly to the department. The application shall be accompanied by a fee of five dollars ($5) or such higher amount, not to exceed ten dollars ($10) that the department determines equals the costs of processing the application and making a record available for examination. All fees received by the department under this section are hereby appropriated without regard to fiscal years for the support of the Department of Justice in addition to such other funds as may be appropriated therefor by the Legislature. (Amended by Stats.1972, c. 1377, p.

§ 86.3.)

§ 11124. Notice of existence of record; time of inspection; examination; authority to take notes

When an application is received by the department, the department shall determine whether a record pertaining to the applicant is maintained. If such record is maintained, the department shall inform the applicant by mail of the existence of the record and shall specify a time when the record may be examined at a suitable facility of the department. Upon verification of his identity, the applicant shall be allowed to examine the record pertaining to him, or a true copy thereof, for a period not to exceed one hour. The applicant may not retain or reproduce the record, but he may make a written summary or notes in his own handwriting. (Amended by Stats.1972, c..1377, p.

§ 86.4.)

§ 11125. Application of prisoner; place of examination of record If the applicant is imprisoned in the state prison or confined in the county jail, his application shall be through the office in charge of records of the prison or jail. Such offices shall follow the provisions of this article

applicable to cities and counties with respect to appiications and fees. When an application is transmitted to the department pursuant to this section, the department shall make arrangements for the applicant to examine the record at his place of confinement. In all other respects, the provisions of Section 11124 shall govern the examination of the record.

§ 11126. Correction of record; written request for clarification; notice to applicant of determination; administrative adjudication; judicial review

(a) If the applicant desires to question the accuracy or completeness of any matter contained in the record, he may submit a written request, to the department in a form established by it. The request shall include a statement of the alleged inaccuracy or incompleteness in the record, and specify any proof or corroboration available. Upon receipt of such request, the department shall forward it to the person or agency which furnished the questioned information. Such person or agency shall, within 30 days of receipt of such written request for clarification, review its information and forward to the department the results of such review.

(b) If such agency concurs in the allegations of inaccurateness or incompleteness in the record, it shall correct its record and shall so inform the department, which shall correct the record accordingly. The depart ment shall inform the applicant of its correction of the record under this subdivision within 30 days.

(c) If such agency denies the allegations of inaccurateness or incompleteness in the record, the matter shall be referred for administrative adjudication in accordance with Chapter 5 (commencing with Section 11500) of Part 1. Division 3, Title 2 of the Government Code for a determination of whether inaccuracy or incompleteness exists in the record. The agency from which the questioned information originated shall be the respondent in the hearing. If an inaccuracy or incompleteness is found in any record, the agency in charge of that record shall be directed to correct it accordingly. Judicial review of the decision shall be governed by Section 11523 of the Government Code. The applicant shall be informed of the decision within 30 days of its issuance in accordance with Section 11518 of the Government Code.

The department shall adopt all regulations necessary to carry out the provisions of this article.

CHAPTER 2. CONTROL OF CRIMES AND CRIMINALS

§ 11150. Release from penal institution, notice

Prior to the release of a person convicted of arson from an institution under the jurisdiction of the Department of Corrections, the Director of Corrections shall notify the State Fire Marshal and the Department of

AB 135

Operative July 1, 1978.

Provides that neither appropriation is made nor obligation created for the reimbursement of any local agency for any costs incurred by it pursuant to the act.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no state funding.

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The people of the State of California do enact as follows:

SECTION 1. Chapter 2 (commencing with Section 2 13100) is added to Title 3 of Part 4 of the Penal Code, to 3 read:

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CHAPTER 2. CRIMINAL OFFENDER RECORD

INFORMATION

Article 1. Legislative Findings and Definitions

13100. The Legislature finds and declares as follows: (a) That the criminal justice agencies in this state 12 require, for the performance of their official duties, 13 accurate and reasonably complete criminal offender 14 record information.

15 (b) That the Legislature and other governmental 16 policymaking or policy-researching bodies, and criminal 17 justice agency management units require greatly 18 improved aggregate information for the performance of 19 their duties.

20 (c) That policing agencies and courts require speedy 21 access to information concerning all felony and selected 22 misdemeanor arrests and final dispositions of such cases. 23 (d) That criminal justice agencies may require regular 24 access to detailed criminal histories relating to any felony 25 arrest that is followed by the filing of a complaint. 26

(e) That, in order to achieve the above improvements, 27 the recording, reporting, storage, analysis, and 28 dissemination of criminal offender record information in 29 this state must be made more uniform and efficient, and 30 better controlled and coordinated.

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13101. As used in this chapter, "criminal justice

1 agencies" are those agencies at all levels of government 2 which perform as their principal functions, activities 3 which either:

4 (a) Relate to

the apprehension, prosecution, 5 adjudication, incarceration, or correction of criminal 6 offenders; or

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(b) Relate to the collection, storage, dissemination or 8 usage of criminal offender record information.

9 13102. As used in this chapter, "criminal offender 10 record information" means records and data compiled by 11 criminal justice agencies for purposes of identifying 12 criminal offenders and of maintaining as to each such 13 offender a summary of arrests, pretrial proceedings, the 14 nature and disposition of criminal charges, sentencing, 15 incarceration, rehabilitation, and release.

16 Such information shall be restricted to that which is 17 recorded as the result of an arrest, detention, or other 18 initiation of criminal proceedings or of any consequent 19 proceedings related thereto. It shall be understood to 20 include, where appropriate, such items for each person 21 arrested as the following:

22 (a) Personal identification.

23 (b) The fact, date, and arrest charge; whether the 24 individual was subsequently released and, if so, by what 25 authority and upon what terms.

26 (c) The fact, date, and results of any pretrial 27 proceedings.

28 (d) The fact, date, and results of any trial or 29 proceeding, including any sentence or penalty.

30 (e) The fact, date, and results of any direct or 31 collateral review of that trial or proceeding; the period 32 and place of any confinement, including admission, 33 release; and, where appropriate, readmission and 34 rerelease dates.

35 (f) The fact, date, and results of any release 36 proceedings.

37 (g) The fact, date, and authority of any act of pardon 38 or clemency.

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(h) The fact and date of any formal termination to the 40 criminal justice process as to that charge or conviction.

AB 135

1 (i) The fact, date, and results of any proceeding 2 revoking probation or parole.

3 It shall not include intelligence, analytical, and 4 investigative reports and files, nor statistical records and 5 reports in which individuals are not identified and from 6 which their identities are not ascertainable.

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Article 2. Recording Information

10 13125. All basic information stored in state or local 11 criminal offender record information systems shall be 12 recorded, when applicable and available, in the form of 13 standard data elements. Such standard data elements 14 shall include, but not be limited to: