Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
The following types of information shall be classified as confidential:
(1) Information which, if known to the
incarcerated person, would endanger the safety of any person.
(2) Information which would jeopardize the
security of the institution.
(3)
Specific medical or psychological information which, if known to the
incarcerated person, would be medically or psychologically detrimental to the
incarcerated person.
(4)
Information provided and classified confidential by another governmental
agency.
(5) A Security Threat Group
debrief report, reviewed and approved by the debriefing subject, for placement
in the confidential section of the central file.
(b) Uses of specific confidential material.
(1) No decision shall be based upon
information from a confidential source, unless other documentation corroborates
information from the source, or unless other circumstantial evidence
surrounding the event and the documented reliability of the source satisfies
the decision maker(s) that the information is true.
(2) Any document containing information from
a confidential source shall include an evaluation of the source's reliability,
a brief statement of the reason for the conclusion reached, and a statement of
reason why the information or source is not disclosed.
(3) The documentation given to the
incarcerated person shall include:
(A) The
fact that the information came from a confidential source.
(B) As much of the information as can be
disclosed without identifying its source including an evaluation of the
source's reliability; a brief statement of the reason for the conclusion
reached; and, a statement of reason why the information or source is not
disclosed.
(c)
A confidential source's reliability may be established by one or more of the
following criteria:
(1) The confidential
source has previously provided information which proved to be true.
(2) Other confidential source have
independently provided the same information.
(3) The information provided by the
confidential source is self-incriminating.
(4) Part of the information provided is
corroborated through investigation or by information provided by
non-confidential sources.
(5) The
confidential source is the victim.
(6) This source successfully completed a
polygraph examination.
(d) Filing confidential material.
(1) Only case information meeting the
criteria for confidentiality shall be filed in the confidential section of an
incarcerated or supervised person's central file.
(2) Proposed confidential documents shall be
reviewed, signed, and dated by a staff person at the correctional counselor
III, parole agent III, correctional captain, or higher staff level to indicate
approval of the confidential designation and placement in the confidential
section of the central file.
(3)
Classification committees shall review the material filed in the confidential
folder of each case considered. Any material not approved but designated
confidential shall be removed from the folder and submitted to the designated
staff person for review and determination.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
1798.34,
1798.40,
1798.41 and
1798.42, Civil
Code; Section
6255,
Government Code; Sections
2081.5,
2600,
2601,
2932,
5054 and
5068, Penal
Code; and Illinois v. Gates, 462 U.S. 213 (1983).
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
1798.34,
1798.40,
1798.41 and
1798.42, Civil
Code; Section
6255,
Government Code; Sections
2081.5,
2600,
2601,
2932,
5054 and
5068, Penal
Code; and Illinois v. Gates, 462 U.S. 213 (1983).
