Police Department Policy

Roll Call Training Bulletin - 20131

Sacramento Police Department

Policy Text
Roll Call Training Bulletin Produced by: Administrative Officer Danielle Perez , Professional Standards Unit Katherine Lester , Chief of Police Prepared by: PSU Volume 131 Page 1 of 3 Notification Process for Release of Peace Officer and General Law Enforcement Records 10-18-2023 BACKGROUND: In 1968, the California Legislature enacted the California Public Records Act (CPRA) under Government Code (GC) sections 7920.000- 7931.000. Under the CPRA, “the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state” (GC § 7921.000). The City of Sacramento, and by extension, the Sacramento Police Department (SPD), recognizes and supports the public’s right to access records created and maintained by the Department. The intake of all public records requests for SPD is handled by the Government Affairs Unit (GAU). Historically, the release of all records was also handled by GAU ; however , legislative updates regarding the mandated disclosure of peace officer records led to the creation of the Transparency Team within the Professional Standards Unit (PSU) in 2022 . Consequently, GAU and PSU now share the responsibility of managing Public Rec ords Act (PRA) requests. SENATE BILLS 1421 AND 16: In late 2018, the California Legislature enacted Senate Bill 1421 to modify Cal. Penal Code § 832.7 as it pertains to the release of peace officer records. Effective January 1, 2019, peace officer records and records pertaining to specific incidents, complaints, and investigations became mandated for release to the general public. Incidents for which records were mandated for disclosure included: • Officer -involved shootings • Uses of force resulting in death or great -bodily injury • Sustained findings of sexual assault • Sustained findings of dishonesty In late 2021, the California Legislature enacted Senate Bill 16, which went into effect on January 1, 2022 and again modified Cal. Penal Code § 832.7 to expand the categories of incidents for which records are mandated for disclosure to include: • Sustained findings of unreasonable or excessive force • Sustained findings of a failure to intervene against an officer using force that is clearly unreasonable or excessive • Sustained findings of conduct involving prejudice or discrimination • Sustained findings of unlawful arrest or unlawful search GOVERNMENT AFFAIRS UNIT (GAU): GAU handles the intake of all PRA requests by means of a public portal accessible via SPD ’s Transparency webpage. Requests are triaged by GAU staff . Requests seeking records pursuant to Cal. Penal Code § 832.7 are delegated to PSU’s Transparency Team for processing, while all other requests are processed by GAU. Roll Call Training Bulletin Produced by: Administrative Officer Danielle Perez, Professional Standards Unit Katherine Lester , Chief of Police Prepared by: PSU Volume 131 Page 2 of 3 Many records maintained by law enforcement are disclosable only on a “right to know, need t o know” basis. Records pertaining to specific incidents, with limited exception, are disclosable to the victim(s) of an incident or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person s uffering bodily injury or property damage or loss as the result of various types of incidents/crimes (GC § 7923.605). GAU staff must confirm a requester’s “right to know, need to know” status prior to the release of these records. Various sections of the Government Code, including GC §§ 7923.600 – 7923.625, outline the various types of records and/or related data and information that must be provided to the general public upon request. This information includes, but is not limited to, arrested persons inf ormation (including name, physical description, date/time/location of arrest, etc.) and incident information (including date/time/location of calls for service, factual circumstances surrounding a crime or incident, etc.). Upon receipt of a PRA request f or records, GAU will compile and appropriately redact records prior to release. Responsive r ecords are provided by GAU directly to the PRA requester via the records portal . PROFESSIONAL STANDARDS UNIT (PSU) – TRANSPARENCY TEAM: When GAU receives a PRA request for peace officer records subject to disclosure pursuant to Penal Code § 832.7 (as outlined in Senate Bills 1421 and 16) , the request is transferred to the Transparency Team for processing. The Transparency Team will compile and appropriately r edact records prior to release. Responsive r ecords are released via SPD’s Transparency webpage as well as to the requestor, and are therefore made publicly available. NOTIFICATION PROCESSES : When releasing records, both GAU and the Transparency Team will notify involved officers regarding the release. However, due to the difference between general releases (GAU) and those pertaining to personnel records and/or allegations of officer misconduct (Transparency Team), the type of notification received will differ. When GAU intends to release video records, staff will send an email notification directly to the officer whose body -worn camera (BWC) or in -car camera (ICC) footage is being released. Example: GAU receives a request for the BWC of Officer Smith during a 901 call for service for

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.