Police Department Policy

GO - 32005 - Release - of - Reports - - Records - 31618

Sacramento Police Department

Policy Text
SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 320.05 Page 1 of 8 320.05 RELEASE OF REPORTS AND RECORDS 3-16-18 PURPOSE The purpose of this order is to establish procedures and guidelines for controlling and releasing Sacramento Police Department documents, police reports, Criminal Offender Record Information (CORI), and juvenile records. POLICY It shall be the policy of the Sacramento Police Department that documents, police reports, CORI, and juvenile records be released only as prescribed by this order. PROCEDURE A. DEFINITIONS 1. CRIMINAL OFFENDER RECORD INFORMATION (CORI) – Reports and data compiled by criminal justice agencies for identifying and maintaining information on criminal offenders , including, but not limited to, summaries of arrests, pre -trial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release. NOTE: While CORI consists of summary information, individual arrest or cri me reports are not considered CORI and their release shall be in accordance with Government Code (GC) sections 6250 -6260 and Department policy. 2. “RIGHT TO KNOW” – The right to obtain CORI or other police report information pursuant to court order, statute, or case law. 3. “NEED TO KNOW” – The necessity to obtain CORI or other police report information to execute official responsibilities. 4. CONFIDENTIAL – Access is limited to those whose name appears on the document cover. Confidential documents (e.g., Internal A ffairs documents , personnel files ) shall be placed in an envelope and hand delivered to the next recipient. 5. RESTRICTED – Access is limited to Department employees and authorized agencies for law enforcement purposes only. 6. PERSONAL ADVANTAGE – Accessing and/or using information, other than in a matter of direct interest to this Department or allied law enforcement agencies, for personal enjoyment, use, benefit, or gain. B. GENERAL 1. This order does not prohibit or restrict the members of the public from access t o current Department reports [i.e., crime report face sheets per GC section 6254(f) ] and adult arrests at the county jail. 2. Any employee who knowingly furnishes CORI to a person who is not authorized by law to receive such information is guilty of the unaut horized receipt, possession, or dissemination of CORI [Penal Code (PC) sections 13301- 13305 and 11140 -11144 ]. 3. No police record information shall be released without first establishing both the right and need to know. If appropriate, the requester may be as ked to identify the official purpose for which the information is requested and its use. 4. Members of the Department shall not divulge to any person not connected with the Department information acquired in the course of their employment if such disclosure of information might discredit or imperil the efficiency of the Department unless required by law, Departmental order, or order of a superior officer. If requested by the prosecuting attorney, this type of information SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 320.05 Page 2 of 8 shall be turned over to the District Attorney (DA) or City Attorney in connection with the criminal prosecution of a matter or t o the City Attorney when it is defending the City and/or the Department in a civil matter or administrative proceeding. Departmental records and reports shall be exhibited only in conformity with Department policy. 5. Employees shall not reveal any information in their possession, however obtained, that may enable anyone to escape detection, arrest, or prosecution, or enable anyone to destroy evidence or to destroy or secrete stolen property. 6. Employees shall not knowingly permit the misuse of any police inform ation. a. Information from databases, copies of records, or any other form shall only be obtained, used, and released in compliance with Department policy. b. Information from databases, copies of records, or any other form shall not be used for the personal adv antage of members of the Department. c. Information obtained shall be used only for the purpose of carrying out an employee's official duties. d. Copies of reports and printouts shall only be removed from Department facilities for official purposes or when requi red by law, statute, or court order, or upon request by the assigned deputy district attorney or deputy city attorney. e. The official business of the Department shall be treated as confidential and shall not be released except within the guidelines of existi ng Department policy and laws. NOTE: Many police and arrest reports are available to anyone after a court trial at the County Courts (and some information is available on -line through the court's website address) or Records office. C. RESPONSIBILITIES 1. The Records Division manager shall a. Maintain a current list of Records Division personnel authorized to release CORI and other police report information. b. Document each release of CORI on a Report Request and Waiver Form (SPD 834), including, but not limited to, California Department of Justice (DOJ) rap sheets and SPD arrest summaries. The SPD 834 shall contain the (1) Date of release. (2) Requesting agency and division assignment. (3) Requesting person's name, title, and phone number. (4) SPD number of the subject of the recor d. (5) Name of the subject , including DOB, sex, and race. (6) Data requested (i.e., type of report ). (7) Reason for request

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