California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 4 - General Institution Regulations
Article 1 - Public Information and Community Relations
Section 3261.2 - Authorized Release of Information

Universal Citation: 15 CA Code of Regs 3261.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Only an employee designated by the institution head shall inform the media regarding a facility incident or newsworthy event.

(b) Except as provided by applicable federal and state law, no person shall disclose any protected health information that identifies an individual without a valid written authorization from the individual.

(c) Information pertaining to a Division of Juvenile Justice incarcerated person shall not be released to the media or the public, except as provided in subsection 3261.7(c)(3).

(d) Information derived from a person's Criminal Identification and Investigation Report shall not be provided to the media or to the public. Information about the State prison history of supervised persons or former offenders who have been arrested or are under investigation by an outside law enforcement agency will only be released with authorization from the arresting or investigating agency.

(e) Including the limitations of (c) and (d) above, the only incarcerated or supervised person data which may be released without a valid written authorization from the incarcerated or supervised person to the media or to the public includes the incarcerated or supervised person's:

(1) Name.

(2) Age.

(3) Race and/or ethnicity.

(4) Birthplace.

(5) County of last legal residence.

(6) Commitment offense.

(7) Date of admission to CDCR and CDCR number.

(8) Facility assignments and a general description of behavior.

(9) Patient health condition given in short and general terms that do not communicate specific medical information about the individual, such as good, fair, serious, critical, treated and released, or undetermined.

(10) Manner of death as natural, homicide, suicide, accidental, or executed.

(11) Sentencing and release actions, including month and year of current parole eligibility date.

(f) The only employee data which may be released to the media or to the public by other than the employee concerning their involvement in a facility incident or newsworthy event includes:

(1) Name.

(2) Civil service classification.

(3) Age.

(4) Work assignment.

(5) Length of service with the department and/or current division or unit.

(6) Past work assignments.

(7) Role or function in a newsworthy event.

(g) Information endangering an employee or concerning an employee who is a crime victim shall not be released to the media or to any member of the public.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Sections 56.10, 1798.20, 1798.30 and 1798.40-42, Civil Code; Sections 6250- 6276.48, Government Code; Code of Federal Regulations, Title 45, Parts 160 and 164; Michael Broadheim v. CDCR (Super. Ct San Francisco County, 2020, No. CPF-20-516978); and Catalin Voss, Yun Hong, Kristen Bell, and Nicholas McKeown v. CDCR (Super. Ct San Francisco County, 2020, No. CPF-20-517117).

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Sections 56.10, 1798.20, 1798.30 and 1798.40- 42, Civil Code; Sections 6250- 6276.48, Government Code; Code of Federal Regulations, Title 45, Parts 160 and 164; Michael Broadheim v. CDCR (Super. Ct San Francisco County, 2020, No. CPF-20-516978); and Catalin Voss, Yun Hong, Kristen Bell, and Nicholas McKeown v. CDCR (Super. Ct San Francisco County, 2020, No. CPF-20-517117).

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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