Policy Text
Page 1 of 4 7/01 (REV 8/04)
RELEASE OF INFORMATION/REPORTS
The purpose of this order is to prescribe Department policy and procedures for release
of reports/information to the pub lic at Field Services Stationh ouses and Service
Centers. I. Overview
A. Policy
1. This Department recognizes its obligation to provide specifi c
information to the public. Release of information is defined by
Government Code Sections 6250- 6270; Welfare and Institutions
Code Section 828; Penal Code Sections 841.5, 851.8, 11075-
11081, 11105-11105.3 , 13300, 13320-13326; and pertinent case
law.
The following procedures are adopt ed to facilitate lawful relea se of
information.
II. Public Access – Report Release
A. Responsibility for Report Release
1. The Records Bureau Manager o r designated Records Bureau
personnel, in accordance with al l applicable laws and statutes, shall
have the delegated responsibility for approving criteria for th e
release of Sacramento Sheriff' s Department report copies from
Field Services Stationhouses and Service Centers. Office
Managers or other designated pers onnel at these sites shall hav e
responsibility to insure that all reports released are done according
to the guidelines establis hed in this General Order.
B. Service Center Reports
1. Reports, as identified below, a re releasable by Field Servic es
Stationhouses and Service Centers in which they originated or as
electronically available regardle ss of division, so long as the
release does not violate any p rovision of law or this General O rder.
Due to the requirements of Penal Code Section 851.8, Service
Center release of reports shall be accompanied by documentation
Page 2 of 4 7/01 (REV 8/04) of such release. A copy of the co mpleted “Records Bureau Publi c
Release Request” form (7400-201 re v 3/04) should be forwarded t o
the Records Bureau.
Reports released in this manner wil l be labeled with the discla imer
“Unofficial Copy” and only releas ed to victim(s) or reporting
person(s) as identified in the report. Reports received and ar chived
by the Records Bureau may be re leased from Field Services
Stationhouses and Servic e Centers as official reports, but the
release is subject to the same limitations described in this Ge neral
Order. The name of the person to whom the report is released
should be written on the repor t copy before being released.
Face sheets may be released for t he report types listed below.
A copy of the Missing Property Report may be provided where applicable. If additional informati on is needed from a report,
citizens should be directed to th e Records Bureau. Contract ci ties
may release vehicle accident repor ts consistent with their poli cy.
Field Services Stationhouses and Service Centers may release
information for the following ty pes of reports within the limit ations
described above: Vehicle burglary
Theft
Vandalism
Annoying/threatening phone calls
Forgery
Lost or stolen property
Trespass
Identify theft
Defrauding an innkeeper
Incident reports and dumping refu se on public or private roads
or property
Battery
Found property
Embezzlement
Missing children or adults
Violation of court orders
Business/residential burglaries
Vehicle accidents
C. Suspects
1. Report copies shall not be released to the insurance company of a
suspect or arrestee or to privat e investigators or attorneys. T he
requestors will be referred to t he District Attorney's office t o obtain a
copy through Discovery Process as defined in Penal Code Section
1054 or to the Records Bu reau as appropriate.
D. Subpoenas Duces Tecum
1. Requests for reports received as Subpoenas Duces Tecum (SDT)
will be processed by the Records Bureau Subpoena staff. The poi nt
Page 3 of 4 7/01 (REV 8/04) of service for SDTs is Sheriff’ s Records Bureau, 711 G Street,
Sacramento CA 95814.
E. Questionable Release
1. Requests of questionable release will be resolved in consult ation
with the Records Bureau and/or the Department's Legal Affairs
staff.
III. Exceptions
A. Authorized Information Release – Exceptions
1. Government Code Section 6254 pr ovides the following pertinen t
exceptions:
a. State and local law enfo rcement agencies shall not be
required to make public any par ticular item of information
that would endanger the safety of any person involved in the
investigation or would endanger t he successful completion of
the investigation or a r elated investigation.
b. Preliminary drafts or note s that are not retained by the
agency in the ordinary course of business are not required to
be released.
c. Records pertaining to pendi ng litigation to which the public
agency is a party shall not be released until the pending
litigation has been adjudicated.
B. Release of Juvenile Info rmation - Confidentiality
1. Pursuant to TNG v. Superior Court , 4 Cal.3d 767, the release of
information regarding juvenile suspects, victims, and witnesses
requires an order of the Juvenile Court