"u.s.a"california penal code

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PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS
TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS
CHAPTER 1. INVESTIGATION, IDENTIFICATION, AND INFORMATION
RESPONSIBILITIES OF THE DEPARTMENT OF JUSTICE
Administration

11006. The Attorney General shall appoint such agents and other
employees as he deems necessary to carry out the provisions of this
chapter.
All persons employed after July 1, 1973, within the Department of
Justice designated as peace officers and performing investigative
duties shall be required by the department to obtain a certificate
from the Commission on Peace Officer Standards and Training.




11008. The Attorney General shall from time to time arrange for and
organize schools at convenient centers in the State to train peace
officers in their powers and duties and in the use of approved
equipment and methods for detection, identification and apprehension
of criminals.



11010. (a) The Department of Justice shall adopt standards and
guidelines regarding the handling of potential evidence arising out
of the testing of substances that are suspected to be related to
activities of terrorists, to be used by laboratories operated by or
contracting with the Department of Justice, any state agency, or any
local agency, and by any other laboratory in the state the department
determines may test any material that may become evidence in a
criminal prosecution for any crime committed in the commission of
terrorist activities.
(b) The standards and guidelines adopted pursuant to this section
shall include information on issues that may arise in the chain of
custody and the employment of controls that are suitable for
preserving evidence for use in the prosecution of a crime.
(c) In developing the standards for adoption pursuant to this
section, the Department of Justice shall consult with appropriate
laboratories of public agencies used by law enforcement agencies, law
enforcement agencies, and the State Department of Health Services.
(d) The Department of Justice shall make the guidelines and
standards adopted pursuant to this section available to the
appropriate laboratories specified in subdivision (a).
(e) The provisions of this section shall be accomplished to the
extent that funds are available.
Criminal Investigation


11050. In any crime of statewide importance, the Attorney General
may, upon the request of any district attorney, sheriff or chief of
police, assign to such officer so requesting, an investigator or
investigators for the investigation or detection of crimes, and the
apprehension or prosecution of criminals.



11050.5. (a) The Attorney General may, upon the request of any
district attorney, sheriff, chief of police, or other local, state or
federal law enforcement official, make available to such official so
requesting, the department's laboratory facilities and personnel and
the department's technical experts, including but not limited to
such personnel as fingerprint examiners, criminalists, document
examiners and intelligence specialists for the purpose of assisting
in the investigation of criminal matters, the detection of crimes and
the apprehension or prosecution of criminals.
(b) The Attorney General may, upon the request of any public
defender or private defense counsel appointed by the court, make
available to such public defender or such private appointed counsel,
the department's laboratory facilities and personnel and the
department's technical experts, including but not limited to such
personnel as fingerprint examiners, criminalists, document examiners
and intelligence specialists for the purpose of assisting in the
representation by such public defender or private appointed counsel
of persons in criminal proceedings. The Attorney General may
contract with each county whose public defender or such private
appointed counsel makes requests pursuant to this subdivision for the
payment of the reasonable costs of time and material in making
available information, services or facilities pursuant to this
subdivision. No information, services or facilities shall be made
available to such public defender or private appointed counsel unless
the county so contracts with the Attorney General.
(c) A copy of any information, including the results of any
analysis, furnished by the Attorney General to a public defender, or
private defense counsel appointed by the court, pursuant to
subdivision (b) shall be sent to the district attorney of the county
in which the public defender is located. If this subdivision or its
application to any person or circumstance is invalid, subdivision (b)
shall not be operative.
(d) The Department of Justice may charge a fee for the laboratory
services it performs.


11051. The Department of Justice shall perform duties in the
investigation, detection, apprehension, prosecution or suppression of
crimes as may be assigned by the Attorney General in the performance
of his or her duties under Article V, Section 13 of the
Constitution.



11052. For the purpose of carrying out the provisions of this
chapter, the investigators shall have all the powers conferred by law
upon any peace officer of this State.



11053. After the effective date of this chapter, and thereafter
until the Governor finds and proclaims that an emergency no longer
exists in preparing for the national defense, or whenever the United
States is engaged in war, or whenever a war emergency has been
declared to exist by the President of the United States, the Attorney
General may appoint for the duration of the war or emergency, as the
case may be, such additional special criminal investigators not to
exceed nine in number as he deems necessary to carry out the
provisions of this chapter. There shall not be more than 15 such
investigators employed at any one time. The employment of such
investigators shall terminate not later than 90 days after the
conclusion of peace or the official termination of the emergency by
the President or the Governor.



11054. No investigation of the acts or conduct of any state agency
or state official shall be initiated or made through or by the bureau
or any employee thereof, without the authorization of the Attorney
General particularly specifying the office, department or person to
be investigated and the scope and purposes of the investigation.




11055. (a) There is within the Department of Justice the Foreign
Prosecution and Law Enforcement Unit designated with the
responsibility for assisting local law enforcement agencies with
foreign prosecutions, child abduction recoveries and returns under
the Hague Convention on the Civil Aspects of International Child
Abduction, and law enforcement investigative matters. The unit is
also responsible for assisting local law enforcement in obtaining
information from foreign officials on foreign prosecution matters.
(b) The Foreign Prosecution and Law Enforcement Unit shall do all
of the following:
(1) For those countries having extraterritorial jurisdiction
allowing for the prosecution of their citizens for crimes committed
in California, the unit shall, upon request, provide informational
assistance to local law enforcement on foreign prosecution protocols
and provide technical assistance in preparing investigative materials
for forwarding and filing in international jurisdictions. The unit
shall provide information and assistance on the scope and uses of
foreign prosecution to California prosecutors and law enforcement
agencies. The unit shall be responsible for tracking foreign
prosecution cases presented by California law enforcement agencies.
The unit shall collect information on a statewide basis regarding
foreign prosecution cases for the primary purpose of analyzing the
information it collects and disseminating its conclusions to local
law enforcement agencies. Local law enforcement agencies shall retain
the authority to prepare and present foreign prosecution cases
without the assistance of the unit.
(2) The unit shall assist district attorneys in recovering
children from Mexico, and, where appropriate, other countries either
in court-ordered returns pursuant to the Hague Convention or
voluntary returns.
(3) The unit shall, upon request, assist local law enforcement
agencies and foreign law enforcement in formal requests under the
Mutual Legal Assistance Treaty. The unit shall, upon request, also
assist California law enforcement agencies and foreign officials in
informal requests for mutual legal assistance.
(4) The unit, under the direction of the Attorney General, shall
provide information to local law enforcement on sensitive diplomatic
issues.
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California Criminalistics Institute
11060. There is hereby established in the Bureau of Forensic
Services of the Department of Justice the California Criminalistics
Institute.
The purposes of the institute shall include, but need not be
limited to, the facilitation of a comprehensive and coordinated
approach to meet the high technology forensic science needs of crime
laboratories operated by the department and local law enforcement
agencies, the provision of a statewide upgrading of advanced
laboratory services incorporating new and developing technologies,
the provision of training and methodology development for all law
enforcement agencies, and the handling of advanced casework
laboratory referral services.
The California Criminalistics Institute is intended for use by
state and local forensic scientists and law enforcement personnel.




11061. To meet the increasing statewide need for criminalists
properly trained in DNA analysis, the Department of Justice, the
California State University, and, upon agreement by the regents, the
University of California, shall work together to enhance
collaborative opportunities for DNA training of university students,
graduates, and existing employees of crime laboratories.



11061.5. (a) The Department of Justice, through its California
Criminalistics Institute, shall develop and coordinate an internship
program in forensic DNA analysis for graduate-level students.
(1) Candidates for the program must possess at least a
baccalaureate degree.
(2) The program shall be associated with graduate academic
programs at accredited postsecondary institutions including the
University of California and the California State University.
(3) The program shall include a one-year internship at a public
forensic DNA laboratory for which the interns shall receive a stipend
or fellowship funded by the Department of Justice.
(4) The program shall be designed to prepare students to meet
national standards for DNA analysis, such as those established by the
DNA Advisory Board (DAB) and the Scientific Working Group on DNA
Analysis Methods (SWGDAM).
(5) In order to complete the program, interns shall be required to
successfully complete a national certification examination like that
administered in forensic molecular biology by the American Board of
Criminalistics.
(b) Funding for the provisions of this measure shall be subject to
both of the following conditions:
(1) The Department of Justice shall establish a working
partnership and affiliation with accredited postsecondary
institutions that can provide graduate-level academic programing.
(2) The Department of Justice shall submit a budgetary request for
the internship program to the Director of the Department of Finance
by May 15, 2002.
(c) The provisions of this act may only be implemented to the
extent funds are appropriated for their purposes in the annual Budget
Act.



11062. (a) The Department of Justice shall establish and chair a
task force to conduct a review of California's crime laboratory
system.
(b) The task force shall be known as the "Crime Laboratory Review
Task Force." The composition of the task force shall be comprised of
a representative of each of the following entities:
(1) The Department of Justice.
(2) The California Association of Crime Laboratory Directors.
(3) The California Association of Criminalists.
(4) The International Association for Identification.
(5) The American Society of Crime Laboratory Directors.
(6) The California Highway Patrol.
(7) The California State Sheriffs Association, from a department
with a crime laboratory.
(8) The California District Attorneys Association, from an office
with a crime laboratory.
(9) The California Police Chiefs Association, from a department
with a crime laboratory.
(10) The California Peace Officers Association.
(11) The California Public Defenders Association.
(12) A private criminal defense attorney organization.
(13) The Judicial Council, to be appointed by the Chief Justice.
(14) The Office of the Speaker of the Assembly.
(15) The Office of the President pro Tempore of the Senate.
(16) Two representatives to be appointed by the Governor.
(c) The task force shall review and make recommendations as to how
best to configure, fund, and improve the delivery of state and local
crime laboratory services in the future. To the extent feasible, the
review and recommendations shall include, but are not limited to,
addressing the following issues:
(1) With respect to organization and management of crime
laboratory services, consideration of the following:
(A) If the existing mix of state and local crime laboratories is
the most effective and efficient means to meet California's future
needs.
(B) Whether laboratories should be further consolidated. If
consolidation occurs, who should have oversight of crime
laboratories.
(C) If management responsibilities for some laboratories should be
transferred.
(D) Whether all laboratories should provide similar services.
(E) How other states have addressed similar issues.
(2) With respect to staff and training, consideration of the
following:
(A) How to address recruiting and retention problems of laboratory
staff.
(B) Whether educational and training opportunities are adequate to
supply the needs of fully trained forensic criminalists in the
future.
(C) Whether continuing education is available to ensure that
forensic science personnel are up-to-date in their fields of
expertise.
(D) If crime laboratory personnel should be certified, and if so,
the appropriate agency to assume this responsibility.
(E) The future educational role, if any, for the University of
California or California State University systems.
(3) With respect to funding, consideration of the following:
(A) Whether the current method of funding laboratories is
predictable, stable, and adequate to meet future growth demands and
to provide accurate and timely testing results.
(B) The adequacy of salary structures to attract and retain
competent analysts and examiners.
(4) With respect to performance standards and equipment,
consideration of the following:
(A) Whether workload demands are being prioritized properly and
whether there are important workload issues not being addressed.
(B) If existing laboratories have the necessary capabilities,
staffing, and equipment.
(C) If statewide standards should be developed for the
accreditation of forensic laboratories, including minimum staffing
levels, and if so, a determination regarding what entity should serve
as the sanctioning body.
(d) The task force shall also seek input from specialized law
enforcement disciplines, other state and local agencies, relevant
advocacy groups, and the public. The final report shall also include
a complete inventory of existing California crime laboratories. This
inventory shall contain sufficient details on staffing, workload,
budget, major instrumentation, and organizational placement within
the controlling agency.
(e) The first meeting of the task force shall occur no later than
60 days after the effective date of this act.
(f) On or before July 1, 2009, the task force shall submit a final
report of its findings to the Department of Finance, and to the
budget and public safety committees of both houses.
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Criminal Record Dissemination


11075. (a) As used in this article, "criminal offender record
information" means records and data compiled by criminal justice
agencies for purposes of identifying criminal offenders and of
maintaining as to each such offender a summary of arrests, pretrial
proceedings, the nature and disposition of criminal charges,
sentencing, incarceration, rehabilitation, and release.
(b) Such information shall be restricted to that which is recorded
as the result of an arrest, detention, or other initiation of
criminal proceedings or of any consequent proceedings related
thereto.



11076. Criminal offender record information shall be disseminated,
whether directly or through any intermediary, only to such agencies
as are, or may subsequently be, authorized access to such records by
statute.


11077. The Attorney General is responsible for the security of
criminal offender record information. To this end, he or she shall:

(a) Establish regulations to assure the security of criminal
offender record information from unauthorized access and disclosures
by individuals and public and private agencies at all levels of
operation in this state.
(b) Establish regulations to assure that this information is
disseminated only in situations in which it is demonstrably required
for the performance of an agency's or official's functions.
(c) Coordinate these activities with those of any interstate
systems for the exchange of criminal offender record information.
(d) Cause to be initiated for employees of all agencies that
maintain, receive, or are eligible to maintain or receive, criminal
offender record information a continuing educational program in the
proper use and control of criminal offender record information.
(e) Establish regulations as he or she finds appropriate to carry
out his or her functions under this article.



11077.1. (a) Commencing July 1, 2005, and except as provided by
subdivision (b), the Department of Justice shall accept fingerprint
images and related information to process criminal offender record
information requests for employment, licensing, certification,
custodial child placement, or adoption purposes, only if those images
and related information are electronically transmitted. The
department shall continually monitor the statewide availability of
electronic transmission sights and work with public and private
entities to ensure reasonable availability is maintained.
(b) The department shall, based on the regional unavailability of
electronic transmission sites or when departmental processing
procedures show a need, accept hard fingerprint cards in order to
process criminal offender record information requests for employment,
licensing, certification, custodial child placement, or adoption
purposes.


11077.2. (a) The Attorney General shall establish a communication
network that allows the transmission of requests from private service
providers in California to the Department of Justice for criminal
offender record information for purposes of employment, licensing,
certification, custodial child placement or adoption. The
communication network shall allow any entity that is approved by the
department to connect directly to the department.
(b) Users of the communication network shall undergo initial and
remedial training as determined by the department. Failure or
refusal to comply with the training requirement shall terminate the
connection to the communication network until the training is
completed. The scope of the training and the entities' level of
participation shall be determined by the department.
(c) Users of the communication network shall comply with any
policy, practice, procedure, or requirement deemed necessary by the
department to maintain network security and stability. Failure or
refusal to comply shall terminate the connection to the communication
network until the department determines that there is satisfactory
compliance.
(d) Users of the communication network shall only use hardware and
software in relation to or for connection to the communication
network that is currently approved and certified by the department,
the National Institute of Standards and Technology, and the Federal
Bureau of Investigation.
(e) Users of the communication network shall be independently
responsible for securing all hardware, software, and
telecommunication service or linkage necessary to accomplish
connection to the communication network, once they are authorized by
the department.
(f) The communication network shall be implemented by July 1,
2004.
(g) Nothing in this section is intended to authorize any entity to
access or receive criminal offender record information from the
Department of Justice.



11078. Each agency holding or receiving criminal offender record
information in a computerized system shall maintain, for such period
as is found by the Attorney General to be appropriate, a listing of
the agencies to which it has released or communicated such
information.



11079. (a) The Attorney General may conduct inquiries and
investigations as he or she finds appropriate to carry out functions
under this article. The Attorney General may for this purpose direct
any agency, including a tribal court or tribal child welfare agency
of a tribe or consortium of tribes that has entered into an agreement
with the state pursuant to Section 10553.1 of the Welfare and
Institutions Code, that maintains, or has received, or that is
eligible to maintain or receive criminal offender records to produce
for inspection statistical data, reports, and other information
concerning the storage and dissemination of criminal offender record
information. Each agency is authorized and directed to provide that
data, reports, and other information.
(b) Notwithstanding any other law, any entity described in
subdivision (a) that fails to comply with the requirements of this
section shall lose access to criminal offender record information
maintained by the Department of Justice until correction of the
noncompliance is demonstrated.



11080. Nothing in this article shall be construed to affect the
right of access of any person or public agency to individual criminal
offender record information that is authorized by any other
provision of law.


11080.5. A chief of police of a city or the sheriff of a county
shall be authorized to request and receive relevant information
concerning persons when on parole who are or may be residing or
temporarily domiciled in that city or county and who have been
convicted of a federal crime which could have been prosecuted as a
felony under the penal provisions of this state.



11081. Nothing in this article shall be construed to authorize
access of any person or public agency to individual criminal offender
record information unless such access is otherwise authorized by
law.
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Identification and Statistics
11100. The Attorney General shall provide for the installation of a

proper system and file in the office of the bureau, cards containing
an outline of the method of operation employed by criminals in the
commission of crime.


11101. The Attorney General shall procure from any available
source, and file for record and report in the office of the bureau,
all descriptions, information, photographs, and measurements of all
persons convicted of a felony, or imprisoned for violating any of the
military, naval, or criminal laws of the United States, and of all
well-known and habitual criminals.



11102. The department may use the following systems of
identification: the Bertillon, the fingerprint system, and any
system of measurement that may be adopted by law in the various penal
institutions of the state.



11102.1. (a) (1) Notwithstanding any other law, the Department of
Justice shall establish, implement, and maintain a certification
program to process fingerprint-based criminal background clearances
on individuals who roll fingerprint impressions, manually or
electronically, for non-law-enforcement purposes. Except as provided
in paragraph (2), no person shall roll fingerprints for
non-law-enforcement purposes unless certified.
(2) The following persons shall be exempt from this section if
they have received training pertaining to applicant fingerprint
rolling and have undergone a criminal offender record information
background investigation:
(A) Law enforcement personnel and state employees.
(B) Employees of a tribal gaming agency or a tribal gaming
operation, provided that the fingerprints are rolled and submitted to
the Department of Justice for purposes of compliance with a
tribal-state compact.
(3) The department shall not accept fingerprint impressions for
non-law-enforcement purposes unless they were rolled by an individual
certified or exempted pursuant to this section.
(b) Individuals who roll fingerprint impressions, either manually
or electronically, for non-law-enforcement purposes, must submit to
the Department of Justice fingerprint images and related information,
along with the appropriate fees and documentation. The department
shall retain one copy of the fingerprint impressions to process a
state level criminal background clearance, and it shall submit one
copy of the fingerprint impressions to the Federal Bureau of
Investigation to process a federal level criminal background
clearance.
(c) The department shall retain the fingerprint impressions for
subsequent arrest notification pursuant to Section 11105.2.
(d) Every individual certified as a fingerprint roller shall meet
the following criteria:
(1) Be a legal resident of this state at the time of
certification.
(2) Be at least 18 years of age.
(3) Have satisfactorily completed a notarized written application
prescribed by the department to determine the fitness of the person
to exercise the functions of a fingerprint roller.
(e) Prior to granting a certificate as a fingerprint roller, the
department shall determine that the applicant possesses the required
honesty, credibility, truthfulness, and integrity to fulfill the
responsibilities of the position.
(f) (1) The department shall refuse to certify any individual as a
fingerprint roller, and shall revoke the certification of any
fingerprint roller, upon either of the following:
(A) Conviction of a felony offense.
(B) Conviction of any other offense that both involves moral
turpitude, dishonesty, or fraud, and bears on the applicant's ability
to perform the duties or responsibilities of a fingerprint roller.
(2) A conviction after a plea of nolo contendere is deemed to be a
conviction for purposes of this subdivision.
(g) In addition to subdivision (f), the department may refuse to
certify any individual as a fingerprint roller, and may revoke or
suspend the certification of any fingerprint roller upon any of the
following:
(1) Substantial and material misstatement or omission in the
application submitted to the department.
(2) Arrest pending adjudication for a felony.
(3) Arrest pending adjudication for a lesser offense that both
involves moral turpitude, dishonesty, or fraud, and bears on the
applicant's ability to perform the duties or responsibilities of a
fingerprint roller.
(4) Revocation, suspension, restriction, or denial of a
professional license, if the revocation, suspension, restriction, or
denial was for misconduct, dishonesty, or for any cause substantially
related to the duties or responsibilities of a fingerprint roller.
(5) Failure to discharge fully and faithfully any of the duties or
responsibilities required of a fingerprint roller.
(6) When adjudged liable for damages in any suit grounded in
fraud, misrepresentation, or in violation of the state regulatory
laws, or in any suit based upon a failure to discharge fully and
faithfully the duties of a fingerprint roller.
(7) Use of false or misleading advertising in which the
fingerprint roller has represented that he or she has duties, rights,
or privileges that he or she does not possess by law.
(8) Commission of any act involving dishonesty, fraud, or deceit
with the intent to substantially benefit the fingerprint roller or
another, or to substantially injure another.
(9) Failure to submit any remittance payable upon demand by the
department under this section or failure to satisfy any court ordered
money judgment, including restitution.
(h) The Department of Justice shall work with applicant regulatory
entities to improve and make more efficient the criminal offender
record information request process related to employment, licensing,
and certification background investigations.
(i) The Department of Justice may adopt regulations as necessary
to implement the provisions of this section.
(j) The department shall charge a fee sufficient to cover its
costs under this section.


11103. The Attorney General shall keep on file in the office of the
bureau a record consisting of duplicates of all measurements,
processes, operations, signaletic cards, measurements, and
descriptions of all persons confined in penal institutions of the
state as far as possible, in accordance with whatever system or
systems may be commonly used in the state.



11104. The Attorney General shall file all measurements,
information and descriptions received and shall make a complete and
systematic record and index, providing a method of convenience,
consultation, and comparison.



11105. (a) (1) The Department of Justice shall maintain state
summary criminal history information.
(2) As used in this section:
(A) "State summary criminal history information" means the master
record of information compiled by the Attorney General pertaining to
the identification and criminal history of any person, such as name,
date of birth, physical description, fingerprints, photographs, date
of arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
(B) "State summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
the Attorney General, nor does it refer to records of complaints to
or investigations conducted by, or records of intelligence
information or security procedures of, the office of the Attorney
General and the Department of Justice.
(b) The Attorney General shall furnish state summary criminal
history information to any of the following, if needed in the course
of their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local government,
a public utility, or any other entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
(a) of Section 830.31.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section 3479
or 3480 of the Civil Code, or Section 11571 of the Health and Safety
Code.
(6) Probation officers of the state.
(7) Parole officers of the state.
(8) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(9) A public defender or attorney of record when representing a
person in a criminal case, or parole revocation or revocation
extension proceeding, and if authorized access by statutory or
decisional law.
(10) Any agency, officer, or official of the state if the criminal
history information is required to implement a statute or regulation
that expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information,
and contains requirements or exclusions, or both, expressly based
upon that specified criminal conduct. The agency, officer, or
official of the state authorized by this paragraph to receive state
summary criminal history information may also transmit fingerprint
images and related information to the Department of Justice to be
transmitted to the Federal Bureau of Investigation.
(11) Any city or county, city and county, district, or any officer
or official thereof if access is needed in order to assist that
agency, officer, or official in fulfilling employment, certification,
or licensing duties, and if the access is specifically authorized by
the city council, board of supervisors, or governing board of the
city, county, or district if the criminal history information is
required to implement a statute, ordinance, or regulation that
expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
that specified criminal conduct. The city or county, city and county,
district, or the officer or official thereof authorized by this
paragraph may also transmit fingerprint images and related
information to the Department of Justice to be transmitted to the
Federal Bureau of Investigation.
(12) The subject of the state summary criminal history information
under procedures established under Article 5 (commencing with
Section 11120).
(13) Any person or entity when access is expressly authorized by
statute if the criminal history information is required to implement
a statute or regulation that expressly refers to specific criminal
conduct applicable to the subject person of the state summary
criminal history information, and contains requirements or
exclusions, or both, expressly based upon that specified criminal
conduct.
(14) Health officers of a city, county, city and county, or
district when in the performance of their official duties enforcing
Section 120175 of the Health and Safety Code.
(15) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
(16) Any humane society, or society for the prevention of cruelty
to animals, for the specific purpose of complying with Section 14502
of the Corporations Code for the appointment of level 1 humane
officers.
(17) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parent's having failed to provide support for
minor children, consistent with the requirements of Section 17531 of
the Family Code.
(18) County child welfare agency personnel who have been delegated
the authority of county probation officers to access state summary
criminal history information pursuant to Section 272 of the Welfare
and Institutions Code for the purposes specified in Section 16504.5
of the Welfare and Institutions Code. Information from criminal
history records provided pursuant to this subdivision shall not be
used for any purposes other than those specified in this section and
Section 16504.5 of the Welfare and Institutions Code. When an agency
obtains records obtained both on the basis of name checks and
fingerprint checks, final placement decisions shall be based only on
the records obtained pursuant to the fingerprint check.
(19) The court of a tribe, or court of a consortium of tribes,
that has entered into an agreement with the state pursuant to Section
10553.1 of the Welfare and Institutions Code. This information may
be used only for the purposes specified in Section 16504.5 of the
Welfare and Institutions Code and for tribal approval or tribal
licensing of foster care or adoptive homes. Article 6 (commencing
with Section 11140) shall apply to officers, members, and employees
of a tribal court receiving criminal record offender information
pursuant to this section.
(20) Child welfare agency personnel of a tribe or consortium of
tribes that has entered into an agreement with the state pursuant to
Section 10553.1 of the Welfare and Institutions Code and to whom the
state has delegated duties under paragraph (2) of subdivision (a) of
Section 272 of the Welfare and Institutions Code. The purposes for
use of the information shall be for the purposes specified in Section
16504.5 of the Welfare and Institutions Code and for tribal approval
or tribal licensing of foster care or adoptive homes. When an agency
obtains records on the basis of name checks and fingerprint checks,
final placement decisions shall be based only on the records obtained
pursuant to the fingerprint check. Article 6 (commencing with
Section 11140) shall apply to child welfare agency personnel
receiving criminal record offender information pursuant to this
section.
(21) An officer providing conservatorship investigations pursuant
to Sections 5351, 5354, and 5356 of the Welfare and Institutions
Code.
(22) A court investigator providing investigations or reviews in
conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of
the Probate Code.
(23) A person authorized to conduct a guardianship investigation
pursuant to Section 1513 of the Probate Code.
(c) The Attorney General may furnish state summary criminal
history information and, when specifically authorized by this
subdivision, federal level criminal history information upon a
showing of a compelling need to any of the following, provided that
when information is furnished to assist an agency, officer, or
official of state or local government, a public utility, or any other
entity in fulfilling employment, certification, or licensing duties,
Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor
Code shall apply:
(1) Any public utility, as defined in Section 216 of the Public
Utilities Code, that operates a nuclear energy facility when access
is needed in order to assist in employing persons to work at the
facility, provided that, if the Attorney General supplies the data,
he or she shall furnish a copy of the data to the person to whom the
data relates.
(2) To a peace officer of the state other than those included in
subdivision (b).
(3) To an illegal dumping enforcement officer as defined in
subdivision (j) of Section 830.7.
(4) To a peace officer of another country.
(5) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to state summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States if the information is needed for the performance of
their official duties.
(6) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the state
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
(7) The courts of the United States, other states, or territories
or possessions of the United States.
(8) Peace officers of the United States, other states, or
territories or possessions of the United States.
(9) To any individual who is the subject of the record requested
if needed in conjunction with an application to enter the United
States or any foreign nation.
(10) (A) Any public utility, as defined in Section 216 of the
Public Utilities Code, or any cable corporation as defined in
subparagraph (B), if receipt of criminal history information is
needed in order to assist in employing current or prospective
employees, contract employees, or subcontract employees who, in the
course of their employment may be seeking entrance to private
residences or adjacent grounds. The information provided shall be
limited to the record of convictions and any arrest for which the
person is released on bail or on his or her own recognizance pending
trial.
If the Attorney General supplies the data pursuant to this
paragraph, the Attorney General shall furnish a copy of the data to
the current or prospective employee to whom the data relates.
Any information obtained from the state summary criminal history
is confidential and the receiving public utility or cable corporation
shall not disclose its contents, other than for the purpose for
which it was acquired. The state summary criminal history information
in the possession of the public utility or cable corporation and all
copies made from it shall be destroyed not more than 30 days after
employment or promotion or transfer is denied or granted, except for
those cases where a current or prospective employee is out on bail or
on his or her own recognizance pending trial, in which case the
state summary criminal history information and all copies shall be
destroyed not more than 30 days after the case is resolved.
A violation of this paragraph is a misdemeanor, and shall give the
current or prospective employee who is injured by the violation a
cause of action against the public utility or cable corporation to
recover damages proximately caused by the violations. Any public
utility's or cable corporation's request for state summary criminal
history information for purposes of employing current or prospective
employees who may be seeking entrance to private residences or
adjacent grounds in the course of their employment shall be deemed a
"compelling need" as required to be shown in this subdivision.
Nothing in this section shall be construed as imposing any duty
upon public utilities or cable corporations to request state summary
criminal history information on any current or prospective employees.

(B) For purposes of this paragraph, "cable corporation" means any
corporation or firm that transmits or provides television, computer,
or telephone services by cable, digital, fiber optic, satellite, or
comparable technology to subscribers for a fee.
(C) Requests for federal level criminal history information
received by the Department of Justice from entities authorized
pursuant to subparagraph (A) shall be forwarded to the Federal Bureau
of Investigation by the Department of Justice. Federal level
criminal history information received or compiled by the Department
of Justice may then be disseminated to the entities referenced in
subparagraph (A), as authorized by law.
(D) (i) Authority for a cable corporation to request state or
federal level criminal history information under this paragraph shall
commence July 1, 2005.
(ii) Authority for a public utility to request federal level
criminal history information under this paragraph shall commence July
1, 2005.
(11) To any campus of the California State University or the
University of California, or any four-year college or university
accredited by a regional accreditation organization approved by the
United States Department of Education, if needed in conjunction with
an application for admission by a convicted felon to any special
education program for convicted felons, including, but not limited
to, university alternatives and halfway houses. Only conviction
information shall be furnished. The college or university may require
the convicted felon to be fingerprinted, and any inquiry to the
department under this section shall include the convicted felon's
fingerprints and any other information specified by the department.
(d) Whenever an authorized request for state summary criminal
history information pertains to a person whose fingerprints are on
file with the Department of Justice and the department has no
criminal history of that person, and the information is to be used
for employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be
stamped "no criminal record" and returned to the person or entity
making the request.
(e) Whenever state summary criminal history information is
furnished as the result of an application and is to be used for
employment, licensing, or certification purposes, the Department of
Justice may charge the person or entity making the request a fee that
it determines to be sufficient to reimburse the department for the
cost of furnishing the information. In addition, the Department of
Justice may add a surcharge to the fee to fund maintenance and
improvements to the systems from which the information is obtained.
Notwithstanding any other law, any person or entity required to pay a
fee to the department for information received under this section
may charge the applicant a fee sufficient to reimburse the person or
entity for this expense. All moneys received by the department
pursuant to this section, Sections 11105.3 and 12054 of the Penal
Code, and Section 13588 of the Education Code shall be deposited in a
special account in the General Fund to be available for expenditure
by the department to offset costs incurred pursuant to those sections
and for maintenance and improvements to the systems from which the
information is obtained upon appropriation by the Legislature.
(f) Whenever there is a conflict, the processing of criminal
fingerprints and fingerprints of applicants for security guard or
alarm agent registrations or firearms qualification permits submitted
pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the
Business and Professions Code shall take priority over the processing
of other applicant fingerprints.
(g) It is not a violation of this section to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(h) It is not a violation of this section to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record if the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
(i) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information checks that are authorized by law.
(j) The state summary criminal history information shall include
any finding of mental incompetence pursuant to Chapter 6 (commencing
with Section 1367) of Title 10 of Part 2 arising out of a complaint
charging a felony offense specified in Section 290.
(k) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization and the information is to be used for peace officer
employment or certification purposes. As used in this subdivision, a
peace officer is defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(C) Every arrest or detention, except for an arrest or detention
resulting in an exoneration, provided however that where the records
of the Department of Justice do not contain a disposition for the
arrest, the Department of Justice first makes a genuine effort to
determine the disposition of the arrest.
(D) Every successful diversion.
(l) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by a criminal justice
agency or organization as defined in Section 13101 of the Penal Code,
and the information is to be used for criminal justice employment,
licensing, or certification purposes.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(C) Every arrest for an offense for which the records of the
Department of Justice do not contain a disposition or did not result
in a conviction, provided that the Department of Justice first makes
a genuine effort to determine the disposition of the arrest. However,
information concerning an arrest shall not be disclosed if the
records of the Department of Justice indicate or if the genuine
effort reveals that the subject was exonerated, successfully
completed a diversion or deferred entry of judgment program, or the
arrest was deemed a detention.
(m) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871
of the Health and Safety Code, or any statute that incorporates the
criteria of any of those sections or this subdivision by reference,
and the information is to be used for employment, licensing, or
certification purposes.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction of an offense rendered against the applicant.

(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(C) Every arrest for an offense for which the Department of Social
Services is required by paragraph (1) of subdivision (a) of Section
1522 of the Health and Safety Code to determine if an applicant has
been arrested. However, if the records of the Department of Justice
do not contain a disposition for an arrest, the Department of Justice
shall first make a genuine effort to determine the disposition of
the arrest.
(3) Notwithstanding the requirements of the sections referenced in
paragraph (1) of this subdivision, the Department of Justice shall
not disseminate information about an arrest subsequently deemed a
detention or an arrest that resulted in either the successful
completion of a diversion program or exoneration.
(n) (1) This subdivision shall apply whenever state or federal
summary criminal history information, to be used for employment,
licensing, or certification purposes, is furnished by the Department
of Justice as the result of an application by an authorized agency,
organization, or individual pursuant to any of the following:
(A) Paragraph (9) of subdivision (c), when the information is to
be used by a cable corporation.
(B) Section 11105.3 or 11105.4.
(C) Section 15660 of the Welfare and Institutions Code.
(D) Any statute that incorporates the criteria of any of the
statutory provisions listed in subparagraph (A), (B), or (C), or of
this subdivision, by reference.
(2) With the exception of applications submitted by transportation
companies authorized pursuant to Section 11105.3, and
notwithstanding any other provision of law, whenever state summary
criminal history information is furnished pursuant to paragraph (1),
the Department of Justice shall disseminate the following
information:
(A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in
subdivision (a) of Section 15660 of the Welfare and Institutions
Code. However, with the exception of those offenses for which
registration is required pursuant to Section 290, the Department of
Justice shall not disseminate information pursuant to this
subdivision unless the conviction occurred within 10 years of the
date of the agency's request for information or the conviction is
over 10 years old but the subject of the request was incarcerated
within 10 years of the agency's request for information.
(B) Every arrest for a violation or attempted violation of an
offense specified in subdivision (a) of Section 15660 of the Welfare
and Institutions Code for which the applicant is presently awaiting
trial, whether the applicant is incarcerated or has been released on
bail or on his or her own recognizance pending trial.
(o) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization pursuant to Section 261 or 777.5 of the Financial Code,
or any statute that incorporates the criteria of either of those
sections or this subdivision by reference, and the information is to
be used for employment, licensing, or certification purposes.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in Section
777.5 of the Financial Code.
(B) Every arrest for a violation or attempted violation of an
offense specified in Section 777.5 of the Financial Code for which
the applicant is presently awaiting trial, whether the applicant is
incarcerated or has been released on bail or on his or her own
recognizance pending trial.
(p) (1) This subdivision shall apply whenever state or federal
criminal history information is furnished by the Department of
Justice as the result of an application by an agency, organization,
or individual not defined in subdivision (k), (l), (m), (n), or (o),
or by a transportation company authorized pursuant to Section
11105.3, or any statute that incorporates the criteria of that
section or this subdivision by reference, and the information is to
be used for employment, licensing, or certification purposes.
(2) Notwithstanding any other provisions of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(q) All agencies, organizations, or individuals defined in
subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
Department of Justice for subsequent arrest notification pursuant to
Section 11105.2. This subdivision shall not supersede sections that
mandate an agency, organization, or individual to contract with the
Department of Justice for subsequent arrest notification pursuant to
Section 11105.2.
(r) Nothing in this section shall be construed to mean that the
Department of Justice shall cease compliance with any other statutory
notification requirements.
(s) The provisions of Section 50.12 of Title 28 of the Code of
Federal Regulations are to be followed in processing federal criminal
history information.


11105.01. In addition to furnishing state summary criminal history
information to the persons and entities set forth in Section 11105
and subject to the requirements and conditions set forth in that
section, the Attorney General shall furnish state summary criminal
history information to the Director, the Deputy Director for
Security, and lottery security officers of the California State
Lottery.



11105.02. In addition to furnishing state summary criminal history
information to the persons and entities set forth in Section 11105
and subject to the requirements and conditions set forth in that
section, the Attorney General shall furnish state summary criminal
history information upon a showing of a compelling need to any city,
county, city and county, or district, or any officer or official
thereof, when needed to assist in the screening of a prospective
concessionaire and their affiliates or associates, as these terms are
defined in subdivision (k) of Section 432.7 of the Labor Code for
purposes of consenting to, or approving of, the prospective
concessionaire's application for, or acquisition of, any beneficial
interest in a concession, lease, or other property interest.
Any local government's request for state summary criminal history
information for purposes of screening a prospective concessionaire
and their affiliates or associates before approving or denying an
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest is deemed a "compelling
need" as required by this section. However, only state summary
criminal history information pertaining to criminal convictions, or
to arrests for offenses for which the person being screened is
incarcerated or has been released on bail or on his or her own
recognizance pending trial, may be obtained pursuant to this section.

Any information obtained from the state summary criminal history
information is confidential and the receiving local government shall
not disclose its contents, other than for the purpose for which it
was acquired. The state summary criminal history information in the
possession of the local government and all copies made from it shall
be destroyed not more than 30 days after the local government's final
decision to grant or deny consent to, or approval of, the
prospective concessionaire's application for, or acquisition of, a
beneficial interest in a concession, lease, or other property
interest. Nothing in this section shall be construed as imposing any
duty upon a local government, or any officer or official thereof, to
request state summary criminal history information on any current or
prospective concessionaire or the affiliates or associates of that
concessionaire.



11105.03. (a) Subject to the requirements and conditions set forth
in this section and Section 11105, local law enforcement agencies are
hereby authorized to provide state criminal summary history
information obtained through CLETS for the purpose of screening
prospective participants and prospective and current staff of a
regional, county, city, or other local public housing authority, at
the request of the chief executive officer of the authority or his or
her designee, upon a showing by that authority that the authority
manages a Section 8 housing program pursuant to federal law (U.S.
Housing Act of 1937), or operates housing at which children under the
age of 18 years reside or operates housing for persons categorized
as aged, blind, or disabled.
(b) The following requirements shall apply to information released
by local law enforcement agencies pursuant to subdivision (a):
(1) Local law enforcement agencies shall not release any
information unless it relates to a conviction for a serious felony,
as defined in subdivision (c) of Section 1192.7, a conviction for any
offense punishable under Section 273.5, 422.6, 422.7, 422.75, 422.9,
1170.75, 12020, 12021, or 12021.1, a conviction under Section 273.6
that involves a violation of a protective order, as defined in
Section 6218 of the Family Code, or a conviction for any felony
offense that involves controlled substances or alcoholic beverages,
or any felony offense that involves any activity related to
controlled substances or alcoholic beverages, or a conviction for any
offense that involves domestic violence, as defined in Section
13700.
(2) Local law enforcement agencies shall not release any
information concerning any arrest for an offense that did not result
in a conviction.
(3) Local law enforcement agencies shall not release any
information concerning any offense committed by a person who was
under 18 years of age at the time he or she committed the offense.
(4) Local law enforcement agencies shall release any information
concerning any conviction or release from custody that occurred
within 10 years of the date on which the request for information is
submitted to the Attorney General, unless the conviction was based
upon a felony offense that involved controlled substances or
alcoholic beverages or a felony offense that involved any activity
related to controlled substances or alcoholic beverages. Where a
conviction was based on any of these felony offenses, local law
enforcement agencies shall release any information concerning this
conviction if the conviction occurred within five years of the date
on which a request for the information was submitted.
(5) Notwithstanding paragraph (4), if information that meets the
requirements of paragraphs (2) to (4), inclusive, is located and the
information reveals a conviction of an offense specified in paragraph
(1), local law enforcement agencies shall release all summary
criminal history information concerning the person whether or not the
information meets the requirements of paragraph (4), provided,
however, that the information meets the requirements of paragraphs
(1) to (3), inclusive.
(6) Information released to the local public housing authority
pursuant to this section shall also be released to parole or
probation officers at the same time.
(c) State summary criminal history information shall be used by
the chief executive officer of the housing authority or a designee
only for purposes of identifying prospective participants in
subsidized programs and prospective and current staff who have access
to residences, whose criminal history is likely to pose a risk to
children under the age of 18 years or persons categorized as aged,
blind, or disabled living in the housing operated by the authority.
(d) If a housing authority obtains summary criminal history
information for the purpose of screening a prospective participant
pursuant to this section, it shall review and evaluate that
information in the context of other available information and shall
not evaluate the person's suitability as a prospective participant
based solely on his or her past criminal history.
(e) If a housing authority determines that a prospective
participant is not eligible as a resident, it shall promptly notify
him or her of the basis for its determination and, upon request,
shall provide him or her within a reasonable time after the
determination is made with an opportunity for an informal hearing on
the determination in accordance with Section 960.207 of Title 24 of
the Code of Federal Regulations.
(f) Any information obtained from state summary criminal history
information pursuant to this section is confidential and the
recipient public housing authority shall not disclose or use the
information for any purpose other than that authorized by this
section. The state summary criminal history information in the
possession of the authority and all copies made from it shall be
destroyed not more than 30 days after the authority's final decision
whether to act on the housing status of the individual to whom the
information relates.
(g) The local public housing authority receiving state summary
criminal history information pursuant to this section shall adopt
regulations governing the receipt, maintenance, and use of the
information. The regulations shall include provisions that require
notice that the authority has access to criminal records of
participants and employees who have access to programs.
(h) Use of this information is to be consistent with Title 24 of
the Code of Federal Regulations and the current regulations adopted
by the housing authority using the information.
(i) Nothing in this section shall be construed to require a
housing authority to request and review an applicant's criminal
history.
(j) The California Housing Authorities Association, after
compiling data from all public housing authorities that receive
summary criminal information pursuant to this chapter, shall report
its findings based upon this data to the Legislature prior to January
1, 2000.


11105.04. (a) A designated Court Appointed Special Advocate (CASA)
program may submit to the Department of Justice fingerprint images
and related information of employment and volunteer candidates for
the purpose of obtaining information as to the existence and nature
of any record of child abuse investigations contained in the Child
Abuse Central Index, state- or federal-level convictions, or state-
or federal-level arrests for which the department establishes that
the applicant was released on bail or on his or her own recognizance
pending trial. Requests for federal-level criminal offender record
information received by the department pursuant to this section shall
be forwarded to the Federal Bureau of Investigation by the
department.
(b) When requesting state-level criminal offender record
information pursuant to this section, the designated CASA program
shall request subsequent arrest notification, pursuant to Section
11105.2 of the Penal Code, for all employment and volunteer
candidates.
(c) The department shall respond to the designated CASA program
with information as delineated in subdivision (p) of Section 11105 of
the Penal Code.
(d) The department shall charge a fee sufficient to cover the cost
of processing the requests for state- and federal-level criminal
offender record information.
(e) For purposes of this section, a designated CASA program is a
local court-appointed special advocate program that has adopted and
adheres to the guidelines established by the Judicial Council and
which has been designated by the local presiding juvenile court judge
to recruit, screen, select, train, supervise, and support lay
volunteers to be appointed by the court to help define the best
interests of children in juvenile court dependency and wardship
proceedings. For purposes of this section, there shall be only one
designated CASA program in each California county.
(f) This section shall become operative on July 1, 2004.



11105.05. Any information generated pursuant to the provisions of
paragraph (11) of subdivision (c) of Section 11105 shall be destroyed
at the end of the limitation period for the filing of a civil action
arising out of the screening or accreditation of persons as current
or prospective employees, concessionaires and contractors and their
subcontractors, agents and employees for Olympic Games purposes. The
knowing and willful failure to (1) notify the recipient as required
by Section 11105, or (2) to destroy any information as required by
this section, is a misdemeanor punishable in a county jail not
exceeding one year or by a fine not exceeding one thousand dollars
($1,000) or both.


11105.1. (a) The following persons shall be furnished with state
summary criminal history information when needed in the course of
their duties:
(1) The director of a state hospital or other treatment facility
to which a person is committed for treatment under Sections 1026 and
1370 of the Penal Code, or Section 5250, if committed for being
dangerous to others, or Section 5300, or former Section 6316 or 6321,
of the Welfare and Institutions Code.
(2) The community program director or the director's designee
under any of the following conditions:
(A) When ordered to evaluate a defendant for the court under
paragraph (2) of subdivision (a) of Section 1370 and subdivision (b)
of Section 1026 of the Penal Code, or paragraph (2) of subdivision
(a) of former Section 6316 of the Welfare and Institutions Code.
(B) When ordered to provide outpatient treatment and supervision
services under Title 15 (commencing with Section 1600) of Part 2 of
the Penal Code.
(C) When a patient is committed for being dangerous to others
under Section 5250 of the Welfare and Institutions Code.
(D) When the director or the director's designee provides
evaluation, supervision, or treatment for a person under Section 2964
or 2972.
(3) The officer providing conservatorship investigation under
Section 5354 of the Welfare and Institutions Code in cases where
referral for conservatorship is made while the proposed conservatee
is being treated under Section 1026 or 1370 of the Penal Code or
Section 5250, if committed for being dangerous to others, or Section
5300, or former Section 6316 or 6321, of the Welfare and Institutions
Code.
(b) In all instances pursuant to subdivision (a), the criminal
history record shall be transmitted by the court with the request
for evaluation or during the conservatorship investigation or with
the order committing the person to a treatment facility or approving
outpatient status, except that the director of a state hospital, the
county mental health director, and the officer providing
conservatorship investigation may receive the state summary criminal
history information from the law enforcement agency that referred the
person for evaluation and treatment under Section 5150 of the
Welfare and Institutions Code if the person has been subsequently
committed for being dangerous to others under Section 5250 of the
Welfare and Institutions Code. Information obtained under this
subdivision shall not be included in any document which will become
part of a public record.


11105.2. (a) The Department of Justice may provide subsequent
arrest notification to any agency authorized by Section 11105 to
receive state summary criminal history information to assist in
fulfilling employment, licensing, certification duties, or the duties
of approving relative caregivers and nonrelative extended family
members, upon the arrest of any person whose fingerprints are
maintained on file at the Department of Justice as the result of an
application for licensing, employment, certification, or approval.
The notification shall consist of a current copy of the person's
state summary criminal history transcript.
(b) For purposes of this section, "approval" means those duties
described in subdivision (d) of Section 309 of the Welfare and
Institutions Code for approving the home of a relative caregiver or
of a nonrelative extended family member for placement of a child
supervised by the juvenile court.
(c) Any agency, other than a law enforcement agency employing
peace officers as defined in Section 830.1, subdivisions (a) and (e)
of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a)
and (b) of Section 830.5, and subdivision (a) of Section 830.31,
shall enter into a contract with the Department of Justice in order
to receive notification of subsequent arrests for licensing,
employment, or certification purposes.
(d) Any agency which submits the fingerprints of applicants for
licensing, employment, certification, or approval to the Department
of Justice for the purpose of establishing a record of the applicant
to receive notification of subsequent arrests shall immediately
notify the department when the employment of the applicant is
terminated, when the applicant's license or certificate is revoked,
when the applicant may no longer renew or reinstate the license or
certificate, or when a relative caregiver's or nonrelative extended
family member's approval is terminated. The Department of Justice
shall terminate subsequent arrest notification on any applicant upon
the request of the licensing, employment, certifying, or approving
authority.
(e) Any agency receiving a notification of subsequent arrest for a
person unknown to the agency, or for a person no longer employed by
the agency, or no longer eligible to renew the certificate or license
for which subsequent arrest notification service was established
shall immediately return the subsequent arrest notification to the
Department of Justice, informing the department that the agency is no
longer interested in the applicant. The agency shall not record or
otherwise retain any information received as a result of the
subsequent arrest notice.
(f) Any agency which submits the fingerprints of an applicant for
employment, licensing, certification, or approval to the Department
of Justice for the purpose of establishing a record at the department
to receive notification of subsequent arrest shall immediately
notify the department if the applicant is not subsequently employed,
or if the applicant is denied licensing certification, or approval.
(g) An agency which fails to provide the Department of Justice
with notification as set forth in subdivisions (c), (d), and (e) may
be denied further subsequent arrest notification service.
(h) Notwithstanding subdivisions (c), (d), and (f), subsequent
arrest notification by the Department of Justice and retention by the
employing agency shall continue as to retired peace officers listed
in subdivision (c) of Section 830.5.



11105.3. (a) Notwithstanding any other law, a human resource agency
or an employer may request from the Department of Justice records of
all convictions or any arrest pending adjudication involving the
offenses specified in subdivision (a) of Section 15660 of the Welfare
and Institutions Code of a person who applies for a license,
employment, or volunteer position, in which he or she would have
supervisory or disciplinary power over a minor or any person under
his or her care. The department shall furnish the information to the
requesting employer and shall also send a copy of the information to
the applicant.
(b) Any request for records under subdivision (a) shall include
the applicant's fingerprints, which may be taken by the requester,
and any other data specified by the department. The request shall be
on a form approved by the department, and the department may charge
a fee to be paid by the employer, human resource agency, or applicant
for the actual cost of processing the request. However, no fee
shall be charged to a nonprofit organization. Requests received by
the department for federal level criminal offender record information
shall be forwarded to the Federal Bureau of Investigation by the
department to be searched for any record of arrests or convictions.
(c) (1) Where a request pursuant to this section reveals that a
prospective employee or volunteer has been convicted of a violation
or attempted violation of Section 220, 261.5, 262, 273a, 273d, or
273.5, or any *** offense listed in Section 290, except for the
offense specified in subdivision (d) of Section 243.4, and where the
agency or employer hires the prospective employee or volunteer, the
agency or employer shall notify the parents or guardians of any minor
who will be supervised or disciplined by the employee or volunteer.
A conviction for a violation or attempted violation of an offense
committed outside the State of California shall be included in this
notice if the offense would have been a crime specified in this
subdivision if committed in California. The notice shall be given to
the parents or guardians with whom the child resides, and shall be
given at least 10 days prior to the day that the employee or
volunteer begins his or her duties or tasks. Notwithstanding any
other provision of law, any person who conveys or receives
information in good faith and in conformity with this section is
exempt from prosecution under Section 11142 or 11143 for that
conveying or receiving of information. Notwithstanding subdivision
(d), the notification requirements of this subdivision shall apply as
an additional requirement of any other provision of law requiring
criminal record access or dissemination of criminal history
information.
(2) The notification requirement pursuant to paragraph (1) shall
not apply to a misdemeanor conviction for violating Section 261.5 or
to a conviction for violating Section 262 or 273.5. Nothing in this
paragraph shall preclude an employer from requesting records of
convictions for violating Section 261.5, 262, or 273.5 from the
Department of Justice pursuant to this section.
(d) Nothing in this section supersedes any law requiring criminal
record access or dissemination of criminal history information. In
any conflict with another statute, dissemination of criminal history
information shall be pursuant to the mandatory statute. This
subdivision applies to, but is not limited to, requirements pursuant
to Article 1 (commencing with Section 1500) of Chapter 3 of, and
Chapter 3.2 (commencing with Section 1569) and Chapter 3.4
(commencing with Section 1596.70) of, Division 2 of, and Section 1522
of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of
the Family Code.
(e) The department may adopt regulations to implement the
provisions of this section as necessary.
(f) As used in this section, "employer" means any nonprofit
corporation or other organization specified by the Attorney General
which employs or uses the services of volunteers in positions in
which the volunteer or employee has supervisory or disciplinary power
over a child or children.
(g) As used in this section, "human resource agency" means a
public or private entity, excluding any agency responsible for
licensing of facilities pursuant to the California Community Care
Facilities Act (Chapter 3 (commencing with Section 1500)), the
California Residential Care Facilities for the Elderly Act (Chapter
3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with
Section 1568.01), and the California Child Day Care Facilities Act
(Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the
Health and Safety Code, responsible for determining the character and
fitness of a person who is:
(1) Applying for a license, employment, or as a volunteer within
the human services field that involves the care and security of
children, the elderly, the handicapped, or the mentally impaired.
(2) Applying to be a volunteer who transports individuals impaired
by drugs or alcohol.
(3) Applying to adopt a child or to be a foster parent.
(h) Except as provided in subdivision (c), any criminal history
information obtained pursuant to this section is confidential and no
recipient shall disclose its contents other than for the purpose for
which it was acquired.



11105.4. (a) Notwithstanding any other provision of law, a contract
or proprietary security organization may request any criminal
history information concerning its prospective employees that may be
furnished pursuant to subdivision (n) of Section 11105.
(b) The Department of Justice shall promulgate regulations to
assure that criminal record information is not released to persons or
entities not authorized to receive the information under this
section.
(c) Any criminal history information obtained pursuant to this
section shall be subject to the same requirements and conditions that
the information is subject to when obtained by a human resource
agency or a bank.
(d) The Legislature finds that contract security organizations and
private security organizations often provide security service for
financial institutions and human resource agencies, and,
consequently, they have the same need for criminal history
information as do those entities. Therefore, the Legislature intends
to provide authority for contract security organizations and
proprietary security organizations to obtain criminal history
information to the extent that financial institutions and human
resource agencies have that authority concerning their own employees.

(e) As used in this section, "contract security organization"
means a person, business, or organization licensed to provide
services as a private patrol operator, as defined in subdivision (a)
of Section 7582.1 of the Business and Professions Code.
As used in this section, "proprietary security organization" means
an organization within a business entity that has the primary
responsibility of protecting the employees and property of its
employer, and which allocates a substantial part of its annual budget
to providing security and protective services for its employer,
including providing qualifying and in-service training to members of
the organization.
(f) Any criminal history information obtained pursuant to this
section is confidential and no recipient shall disclose its contents
other than for the purpose for which it was acquired.



11105.5. When the Department of Justice receives a report that the
record of a person has been sealed under Section 851.7, 851.8, or
1203.45, it shall send notice of that fact to all officers and
agencies that it had previously notified of the arrest or other
proceedings against the person.



11105.6. Upon the request of a licensed bail agent or bail bond
licensee, as described in Sections 1276 and 1276.5, a local law
enforcement agency may furnish an individual's known aliases and
booking photograph, information identifying whether the individual
has been convicted of any violent felony, as defined in subdivision
(c) of Section 667.5, and an unaltered copy of the booking and
property record, excluding any medical information, to the agent or
licensee if all of the following circumstances exist:
(a) The information is from the record of a person for whom a
bench warrant has been issued, or for whom a bail forfeiture has been
ordered.
(b) The person described in subdivision (a) is a client of the
agent or licensee.
(c) The agent or licensee pays to the law enforcement agency a fee
equal to the cost of providing the information.
(d) Any information obtained pursuant to this section is
confidential and the recipient bail agent or bail bond licensee shall
not disclose its contents, other than for the purpose for which it
was acquired. A violation of this subdivision is a misdemeanor.




11105.7. (a) Notwithstanding any other provision of law, when a
person is required to submit fingerprints or a fingerprint card to
the Department of Justice for a criminal background investigation for
purposes of employment, certification, or licensing, and the
department determines either that it is impossible for the person to
submit fingerprints or that the submitted fingerprints are not
legible for identification purposes, the department, in its
discretion, shall do either of the following:
(1) Make a determination that the person presently is unable to
provide legible fingerprints, and therefore shall be deemed to have
complied with the statutory requirement to submit fingerprints. The
department, using available personal identifying data that the
department deems appropriate, shall then conduct a search to
determine if the person has a criminal history.
(2) Request that the person submit a second set of fingerprints or
obtain verification from another law enforcement agency that he or
she is unable to provide legible fingerprint impressions either
manually or electronically. If the department requests law
enforcement verification of the quality of fingerprints that the
person is able to provide, it may designate the law enforcement
agency that is to provide the verification and provide a form for the
verification. If the second set of fingerprints is illegible or if
the designated law enforcement agency verifies that the person is
unable to submit legible fingerprints, the person shall be deemed to
have complied with the statutory requirement to submit fingerprints,
and the department, using available personal identifying data it
deems appropriate, shall conduct a search to determine if the person
has a criminal history.
(b) After a search of its data bases pursuant to subdivision (a),
the department shall issue a certificate regarding the criminal
history of the applicant to the employing, licensing, or certifying
agency. This certificate shall indicate whether or not the applicant
has any reportable criminal history for purposes of the employment,
license, or certificate the applicant is seeking. The agency shall
be entitled to receive information regarding any reportable offenses
and may use this information to make a determination of eligibility.

(c) Whenever the department determines pursuant to this section
that a person has a criminal record, the person shall be provided an
opportunity to question the accuracy or completeness of any material
matter contained in the record, under the procedures provided in
Section 11126.
(d) It is the intent of the Legislature that this section shall
only apply to those persons who are unable to supply legible
fingerprints due to disability, illness, accident, or other
circumstances beyond their control and does not apply to persons who
are unable to provide fingerprints because of actions they have taken
to avoid submitting their fingerprints.



11105.75. (a) (1) If, in the course of performing a criminal
history background investigation for an agency or entity statutorily
authorized to receive a criminal history, the Department of Justice
determines that it appears that the applicant has criminal history
record information that the requesting agency is statutorily
authorized to receive, but the identity of the applicant cannot be
verified with fingerprints, the department shall provide a copy of
the criminal history record to the requesting agency or entity but
shall note any entries as to which the identity of the subject has
not been fingerprint verified.
(2) The department shall compare all available identifying
characteristics of the applicant with those that appear in the
criminal history information before responding to the requesting
agency or entity with conviction disposition information that has not
been fingerprint verified.
(b) If an agency or entity denies a license, certificate, or
employment based upon information received from the department that
is not fingerprint verified, the agency or entity shall notify the
applicant of its decision and that he or she may challenge the
identification. In that case, the applicant may appeal the decision
of the agency or entity on the grounds that the applicant is not the
person so identified.
(c) Neither the department nor any of its employees or any
requesting agency or entity shall be liable to any applicant for
misidentifications made pursuant to this section.



11106. (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (c), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 12050, information reported to the Department of Justice
pursuant to Section 12053, dealers' records of sales of firearms,
reports provided pursuant to Section 12072 or 12078, forms provided
pursuant to Section 12084, as that section read prior to being
repealed by the act that amended this section, reports provided
pursuant to Section 12071 that are not dealers' records of sales of
firearms, and reports of stolen, lost, found, pledged, or pawned
property in any city or county of this state, and shall, upon proper
application therefor, furnish this information to the officers
referred to in Section 11105.
(b) (1) Except as provided in subdivision (d), the Attorney
General shall not retain or compile any information from reports
filed pursuant to subdivision (a) of Section 12078 for firearms that
are not handguns, from forms submitted pursuant to Section 12084, as
that section read prior to being repealed by the act that amended
this section, for firearms that are not handguns, or from dealers'
records of sales for firearms that are not handguns. All copies of
the forms submitted, or any information received in electronic form,
pursuant to Section 12084, as that section read prior to being
repealed by the act that amended this section, for firearms that are
not handguns, or of the dealers' records of sales for firearms that
are not handguns shall be destroyed within five days of the clearance
by the Attorney General, unless the purchaser or transferor is
ineligible to take possession of the firearm. All copies of the
reports filed, or any information received in electronic form,
pursuant to subdivision (a) of Section 12078 for firearms that are
not handguns shall be destroyed within five days of the receipt by
the Attorney General, unless retention is necessary for use in a
criminal prosecution.
(2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearms transaction record, as defined in paragraph (5) of
subdivision (c) of Section 12071, for firearms that are not handguns
unless retention or compilation is necessary for use in a criminal
prosecution or in a proceeding to revoke a license issued pursuant to
Section 12071.
(3) A violation of this subdivision is a misdemeanor.
(c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and former
Section 12084 or any other law, as to handguns and maintain a
registry thereof.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, ***, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular handgun as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to Section 12078 or
any other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular handgun and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to Section 12078 or any
other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular handgun acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular handgun.

(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
(d) (1) Any officer referred to in paragraphs (1) to (6),
inclusive, of subdivision (b) of Section 11105 may disseminate the
name of the subject of the record, the number of the firearms listed
in the record, and the description of any firearm, including the
make, model, and caliber, from the record relating to any firearm's
sale, transfer, registration, or license record, or any information
reported to the Department of Justice pursuant to Section 12021.3,
12053, 12071, 12072, 12077, 12078, 12082, or 12285, if the following
conditions are met:
(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
(2) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from bodily
harm by the person who is the subject of the record.




11106.1. Any system of microphotography, optical disk, or
reproduction by other techniques that do not permit additions,
deletions, or changes to the original document, may be used by the
Department of Justice as a photographic reproduction process to
record some or all instruments, papers, photographs, and notices that
are required or permitted by law to be recorded or filed. All
storage medium shall comply with minimum standards of quality
approved by the National Institute of Standards and Technology.



11106.2. Any criminal justice agency may cause any or all files or
records in its official custody to be microphotographed or otherwise
reproduced pursuant to Section 11106.1, as in the case of original
filings or recordings, or both. Every reproduction shall be deemed
and considered an original, and as a transcript, exemplification or
certified copy, as the case may be, of the original.



11106.3. Fingerprints may be stored or created in an electronic
format that does not permit additions, deletions or changes to the
original fingerprints so long as the storage medium complies with the
minimum standards of quality approved by the National Institute of
Standards and Technology.



11107. Each sheriff or police chief executive shall furnish all of
the following information to the Department of Justice on standard
forms approved by the department:
Daily reports of those misdemeanors and felonies that are required
to be reported by the Attorney General including, but not limited
to, forgery, fraud-bunco, bombings, receiving or selling stolen
property, safe and commercial burglary, grand theft, child abuse,
homicide, threats, and offenses involving lost, stolen, found,
pledged, or pawned property.
The reports required by this section shall describe the nature and
character of each such crime and note all particular circumstances
thereof and include all additional or supplemental data. The
Attorney General may also require that the report shall indicate
whether or not the submitting agency considers the information to be
confidential because it was compiled for the purpose of a criminal
investigation of suspected criminal activities. The term "criminal
investigation" includes the gathering and maintenance of information
pertaining to suspected criminal activity.



11107.5. The Attorney General shall report annually to the
Legislature concerning the information pertaining to the ***ual abuse
of children reported to the Department of Justice pursuant to
Sections 11107 and 11169. No confidential information shall be
released in the reports submitted to the Legislature.



11108. (a) Each sheriff or police chief executive shall submit
descriptions of serialized property, or nonserialized property that
has been uniquely inscribed, which has been reported stolen, lost,
found, recovered, held for safekeeping, or under observation,
directly into the appropriate Department of Justice automated
property system for firearms, stolen bicycles, stolen vehicles, or
other property, as the case may be.
(b) Information about a firearm entered into the automated system
for firearms shall remain in the system until the reported firearm
has been found, recovered, is no longer under observation, or the
record is determined to have been entered in error.
(c) Any costs incurred by the Department of Justice to implement
subdivision (b) shall be reimbursed from funds other than fees
charged and collected pursuant to subdivisions (e) and (f) of Section
12076.



11108.3. (a) In addition to the requirements of Section 11108 that
apply to a local law enforcement agency's duty to report to the
Department of Justice the recovery of a firearm, a police or sheriff'
s department shall, and any other law enforcement agency or agent
may, report to the department in a manner determined by the Attorney
General in consultation with the Bureau of Alcohol, Tobacco, Firearms
and Explosives all available information necessary to identify and
trace the history of all recovered firearms that are illegally
possessed, have been used in a crime, or are suspected of having been
used in a crime.
(b) When the department receives information from a local law
enforcement agency pursuant to subdivision (a), it shall promptly
forward this information to the National Tracing Center of the
federal Bureau of Alcohol, Tobacco, Firearms and Explosives to the
extent practicable.
(c) The Department of Justice shall implement an electronic system
by January 1, 2002, to receive comprehensive tracing information
from each local law enforcement agency, and to forward this
information to the National Tracing Center.
(d) In implementing this section, the Attorney General shall
ensure to the maximum extent practical that both of the following
apply:
(1) The information he or she provides to the federal Bureau of
Alcohol, Tobacco, Firearms and Explosives enables that agency to
trace the ownership of the firearm described in subdivision (a).
(2) Local law enforcement agencies can report all relevant
information without being unduly burdened by this reporting function.

(e) Information collected pursuant to this section shall be
maintained by the department for a period of not less than 10 years,
and shall be available, under guidelines set forth by the Attorney
General, for academic and policy research purposes.
(f) The Attorney General shall have the authority to issue
regulations to further the purposes of this section.



11108.5. (a) If a law enforcement agency identifies serialized
property that has been reported lost or stolen by the owner or a
person entitled to possession of the property and the property has
been entered into the appropriate Department of Justice automated
property system pursuant to Section 11108, the agency shall notify
the owner or person entitled to possession of the property of the
location of the property within 15 days of making the identification.
If the location of the property was reported by a licensed
pawnbroker or secondhand dealer pursuant to Section 21630 of the
Business and Professions Code, notice shall be given to the party who
reported the property lost or stolen pursuant to Section 21647 of
the Business and Professions Code.
(b) If the property is in the custody of the law enforcement
agency and it is determined that the property is no longer required
for use as evidence in a criminal case, the property shall be made
available to the person entitled to possession pursuant to Section
1417.5.
(c) Subdivision (a) shall not apply to the return to an owner of a
lost or stolen vehicle, as defined in Section 670 of the Vehicle
Code.


11108.9. Each local law enforcement agency shall develop, in
conjunction with and subject to the approval of the Department of
Justice, a succinct Serial Number Restoration Plan setting forth the
goals for reduction in the number of recovered firearms that cannot
be traced due to obliterated serial numbers, and the methods that the
local agency will follow in order to achieve these goals, including,
but not limited to, establishing local programs for restoring serial
numbers and accessing resources of the Department of Justice or the
Bureau of Alcohol, Tobacco, and Firearms for restoring serial
numbers. These plans shall be submitted to the Department of Justice
by January 1, 2000.


11108.10. (a) In addition to the requirements of Sections 11108 and
11108.3, commencing January 1, 2009, every local law enforcement
agency may cause to be entered into the United States Department of
Justice, National Integrated Ballistic Information Network (NIBIN)
information to ensure that representative samples of fired bullets
and cartridge cases collected at crime scenes, from test-fires of
firearms recovered at crime scenes, and other firearm information
needed to investigate crimes, are recorded into the NIBIN in
accordance with the protocol set forth in subdivision (b).
(b) The Attorney General, in cooperation with those law
enforcement agencies that choose to do so, shall develop a protocol
for the implementation of this section. The protocol shall be
completed on or before July 1, 2008.
(c) The Attorney General shall have the authority to issue
guidelines to further the purposes of this section.



11109. Each coroner promptly shall furnish the Department of
Justice with copies of fingerprints on standardized eight-inch by
eight-inch cards, and descriptions and other identifying data,
including date and place of death, of all deceased persons whose
deaths are in classifications requiring inquiry by the coroner where
the coroner is not satisfied with the decedent's identification.
When it is not physically possible to furnish prints of the 10
fingers, prints or partial prints of any fingers, with other
identifying data, shall be forwarded by the coroner to the
department.
In all cases where there is a criminal record on file in the
department for the decedent, the department shall notify the Federal
Bureau of Investigation, and each California sheriff and chief of
police in whose jurisdiction the decedent has been arrested, of the
date and place of death of the decedent.



11111. The Department of Justice shall maintain records relative to
stolen and lost bicycles in the Criminal Justice Information System.
Such records shall be accessible to authorized law enforcement
agencies through the California Law Enforcement Telecommunications
System.



11112. The Department of Justice, in providing fingerprint
clearances for employment purposes, shall facilitate the processing
of fingerprint cards of employees of, and applicants for employment
with, community care facilities, as defined in Section 1502 of the
Health and Safety Code, which provide services to children, and child
day care facilities, as defined in Section 1596.750 of the Health
and Safety Code.
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Fingerprints and Photographs


11112.1. As used in this article:
(a) "California Identification System" or "Cal-ID" means the
automated system maintained by the Department of Justice for
retaining fingerprint files and identifying latent fingerprints.
(b) "Remote Access Network" or "RAN" means a uniform statewide
network of equipment and procedures allowing local law enforcement
agencies direct access to the California Identification System.
(c) "Department" means the Department of Justice.
(d) "Cal-ID Telecommunications System" means a statewide
telecommunications network dedicated to the transmission of
fingerprint identification data in conjunction with Cal-ID for use by
law enforcement agencies.


11112.2. The department shall develop a master plan recommending
the type, number, and location of equipment necessary to implement
RAN. The department shall also develop policy guidelines and
administrative procedures to facilitate the implementation and use of
RAN. The RAN master plan shall include reasonable interface
specifications to access Cal-ID and shall be provided to any supplier
of automated fingerprint identification systems interested in
bidding on RAN by May 15, 1986.
The master plan shall provide for the use of facsimile and direct
image "live read" fingerprint equipment under RAN, including
point-of-booking terminals.
The department shall amend the master plan to include additional
processing, matching, and communications equipment at the Department
of Justice, and to recommend the type, number, and location of
equipment necessary to implement facsimile and direct image "live
read" fingerprint equipment as part of RAN, including
point-of-booking terminals. Funding shall be on a shared basis
between the state and a region pursuant to Section 11112.5.



11112.3. (a) The Attorney General shall appoint a RAN Advisory
Committee to review the master plan, policy guidelines, and
administrative procedures prepared by the department and advise the
Attorney General of any modifications the committee deems necessary.
Final approval and acceptance of the RAN Advisory Committee
proposals shall be made by the Attorney General.
(b) The RAN Advisory Committee shall be composed of one
representative from each of the following: The League of California
Cities, California Peace Officers' Association, California District
Attorneys' Association, California Police Chiefs' Association,
California State Sheriffs' Association, County Supervisors'
Association of California, Department of General Services, Office of
Information Technology, and the Department of Justice. The members
of the committee shall select a chairperson. The members shall serve
without compensation, but reasonable and necessary travel and per
diem expenses incurred by committee members shall be reimbursed by
the department. The RAN Advisory Committee shall terminate January
1, 1989, unless extended by legislation enacted prior thereto.



11112.4. (a) Within each county or group of counties eligible to
receive funding under the department's master plan for equipment,
that elects to participate in the Remote Access Network, a local RAN
board shall be established. Where a single county is eligible to
receive funding, that county's RAN board shall be the local RAN
board. Where a group of counties is eligible for funding, the local
RAN board shall consist of a regional board. The RAN board shall
determine the placement of RAN equipment within the county or
counties, and coordinate acceptance, delivery, and installation of
RAN equipment. The board shall also develop any procedures necessary
to regulate the ongoing use and maintenance of that equipment,
adhering to the policy guidelines and procedures adopted by the
department. The local board shall consider placement of equipment on
the basis of the following criteria:
(1) The crime rate of the jurisdiction or jurisdictions served by
the agency.
(2) The number of criminal offenses reported by the agency or
agencies to the department.
(3) The potential number of fingerprint cards and latent
fingerprints processed.
(4) The number of sworn personnel of the agency or agencies.
(b) Except as provided in subdivision (c), each RAN board shall be
composed of seven members, as follows: a member of the board of
supervisors, the sheriff, the district attorney, the chief of police
of the Cal-ID member department having the largest number of sworn
personnel within the county, a second chief selected by all other
police chiefs within the county, a mayor elected by the city
selection committee established pursuant to Section 50270 of the
Government Code, and a member-at-large chosen by the other members.
In any county lacking two chiefs of police, a substitute member shall
be selected by the other members on the board. Groups of counties
forming a region shall establish a seven-member board with each
county having equal representation on the board and at least one
member-at-large. If the number of participating counties precludes
equal representation on a seven-member board, the size of the board
shall be expanded so that each county has at least two
representatives and there is a single member-at-large.
(c) In any county with a population of 5,000,000 or more, each
local board shall be composed of seven members, as follows: a member
of the board of supervisors, the sheriff, the district attorney, the
chief of police of the Cal-ID member department having the largest
number of sworn personnel within the county, a second chief selected
by all other police chiefs within the county, the mayor of the city
with the greatest population within the county that has a Cal-ID
member police department, and a member-at-large chosen by the other
members. In any county lacking two chiefs of police, a substitute
member shall be selected by the other members of the board.
(d) A county which is a part of a regional board may form a local
RAN advisory board. The purpose of the local RAN advisory board
shall be to provide advice and recommendations to the county's
representatives on the regional RAN board. The local RAN advisory
board may appoint alternate members to the regional RAN board from
the local RAN advisory board to serve and work in the place of a
regional RAN board member who is absent or who disqualifies himself
or herself from participation in a meeting of the regional RAN board.

If a vacancy occurs in the office of a regional RAN board in a
county which has established a local RAN advisory board, an alternate
member selected by the local RAN advisory board may serve and vote
in place of the former regional RAN board member until the
appointment of a regional RAN board member is made to fill the
vacancy.


11112.5. (a) Costs for equipment purchases based upon the master
plan approved by the Attorney General, including state sales tax,
freight, insurance, and installation, shall be prorated between the
state and local governmental entity. The state's share shall be 70
percent. The local government's share shall be 30 percent, paid in
legal tender. Purchases may be made under the existing Cal-ID
contract through the Department of General Services.
(b) Alternatively, at the discretion of the local board, an
independent competitive procurement may be initiated under the
following conditions:
(1) Prior to submitting a bid in an independent procurement, any
prospective bidder must demonstrate the ability to meet or exceed
performance levels established in the existing Cal-ID contract and
demonstrate the ability to interface with Cal-ID and meet or exceed
performance levels established in the existing Cal-ID contract
without degrading the performance of the Cal-ID system.
(2) Both qualifying benchmarks will be at the prospective bidder's
expense and will be conducted by the Department of Justice.
(3) In the event that no vendor other than the existing contract
vendor qualifies to bid, purchases shall be made by the Department of
General Services on behalf of local agencies pursuant to the
existing Cal-ID contract.
(c) Competitive local procurements must adhere to the following
guidelines:
(1) Administrative requirements contained within Section 5200 of
the State Administrative Manual shall be met.
(2) Local procurements shall not increase the costs the state
would otherwise be obligated to pay.
(3) Final bids submitted in an independent procurement shall
contain a signed contract that represents an irrevocable offer that
does not materially deviate from the terms and conditions of the
existing Cal-ID contract.
(4) The selected vendor shall post a performance bond in an amount
equal to 25 percent of the local equipment costs. The bond shall
remain in effect until the local acceptance test has been
successfully completed.
(5) Requests for tender, including contract language, shall be
approved by the Department of General Services prior to release. The
Department of General Services and the Department of Justice shall
be represented on the evaluation and selection team.
(d) The local government agency shall be responsible for all costs
related to conducting a local bid, site preparation, equipment
maintenance, ongoing operational costs, file conversion over and
above those records that are available on magnetic media from the
Department of Justice, and equipment enhancements or systems design
which exceed the basic design specifications of the Department of
Justice. The state shall provide sufficient circuitry from
Sacramento to each county, or group of counties to handle all
fingerprint data traffic. The state shall provide for annual
maintenance of that line.



11112.6. (a) The Cal-ID Telecommunications System shall be under
the direction of the Attorney General and shall be used exclusively
for the official business of the state, and the official business of
any city, county, city and county, or other public agency.
(b) The Cal-ID Telecommunications System shall provide
telecommunication lines to one location in every participating
county.
(c) The Cal-ID Telecommunications System shall be maintained at
all times by the department with equipment and facilities adequate to
meet the needs of law enforcement. The system shall be designed to
accommodate present and future data transmission equipment.




11112.7. The Attorney General shall provide an annual status report
to the Legislature beginning January 1, 1987, with the final report
due January 1, 1990. The report shall include the status of the
project to date, funds expended, and need, if any, for revision to
the master plan.
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Criminal Records


11115. In any case in which a sheriff, police department or other
law enforcement agency makes an arrest and transmits a report of the
arrest to the Department of Justice or to the Federal Bureau of
Investigation, it shall be the duty of such law enforcement agency to
furnish a disposition report to such agencies whenever the arrested
person is transferred to the custody of another agency or is released
without having a complaint or accusation filed with a court. The
disposition report in such cases shall be furnished to the
appropriate agencies within 30 days of release or transfer to another
agency.
If either of the following dispositions is made, the disposition
report shall so state:
(a) "Arrested for intoxication and released," when the arrested
party is released pursuant to paragraph (2) of subdivision (b) of
Section 849.
(b) "Detention only," when the detained party is released pursuant
to paragraph (1) of subdivision (b) of Section 849 or issued a
certificate pursuant to subdivision (b) of Section 851.6. In such
cases the report shall state the specific reason for such release,
indicating that there was no ground for making a criminal complaint
because (1) further investigation exonerated the arrested party, (2)
the complainant withdrew the complaint, (3) further investigation
appeared necessary before prosecution could be initiated, (4) the
ascertainable evidence was insufficient to proceed further, (5) the
admissible or adducible evidence was insufficient to proceed further,
or (6) other appropriate explanation for release.



11116.5. Any dismissal and reason therefor provided by Section
11115 or 13151. 1 may be used by the person subject to the
disposition as an answer to any question regarding his arrest or
detention history or any question regarding the outcome of a criminal
proceeding against him.



11116.6. The dispositions provided by Sections 11115 and 13151.1
must be entered on all appropriate records of the party arrested,
detained, or against whom criminal proceedings are brought.



11116.7. Whenever an accusatory pleading is filed in any court of
this state alleging a public offense for which a defendant may be
punished by incarceration, for a period in excess of 90 days, the
court shall furnish upon request of the defendant named therein a
certificate of disposition which describes the disposition of the
accusatory pleading in that court when such disposition is one
described in Section 13151.1. The certificate of disposition shall be
signed by the judge, shall substantially conform with the
requirements of Section 11116.8, and the seal of the court shall be
affixed thereto.
In the event that the initial disposition of the accusatory
pleading is changed, a new disposition certificate showing the
changed disposition shall be issued by the court changing the same
upon request of the defendant or his counsel of record.



11116.8. The certificate of disposition provided by Section 11116.7
shall describe the charge or charges set forth in the original and
any amended accusatory pleading, together with the disposition of
each charge in the original and any amended accusatory pleading.



11116.9. The clerk of the court in which the disposition is made
shall provide the defendant or his counsel of record with additional
certified copies of the disposition certificate upon the payment of
the fees provided by law for certified copies of court records.



11116.10. (a) Upon the request of a victim or a witness of a crime,
the prosecuting attorney shall, within 60 days of the final
disposition of the case, inform the victim or witness by letter of
such final disposition. Such notice shall state the information
described in Section 13151.1.
(b) As used in this section, "victim" means any person alleged or
found, upon the record, to have sustained physical or financial
injury to person or property as a direct result of the crime charged.

(c) As used in this section, "witness" means any person who has
been or is expected to testify for the prosecution, or who, by reason
of having relevant information, is subject to call or likely to be
called as a witness for the prosecution, whether or not any action or
proceeding has yet been commenced.
(d) As used in this section, "final disposition," means an
ultimate termination of the case at the trial level including, but
not limited to, dismissal, acquittal, or imposition of sentence by
the court, or a decision by the prosecuting attorney, for whatever
reason, not to file the case.
(e) Subdivision (a) does not apply in any case where the offender
or alleged offender is a minor unless the minor has been declared not
a fit and proper subject to be dealt with under the juvenile court
law.
(f) This section shall not apply to any case in which a
disposition was made prior to the effective date of this section.




11117. The Department of Justice shall prescribe and furnish the
procedures and forms to be used for the disposition and other reports
required in this article and in Sections 13151 and 13152. The
department shall add the reports received to all appropriate criminal
records.
Neither the reports required in this article nor those required in
Sections 13151 and 13152 shall be admissible in evidence in any
civil action.
Examination of Records
11120. As used in this article, "record" with respect to any person
means the state summary criminal history information as defined in
subdivision (a) of Section 11105, maintained under such person's name
by the Department of Justice.


11121. It is the function and intent of this article to afford
persons concerning whom a record is maintained in the files of the
bureau an opportunity to obtain a copy of the record compiled from
such files, and to refute any erroneous or inaccurate information
contained therein.



11122. Any person desiring a copy of the record relating to himself
shall obtain an application form furnished by the department which
shall require his fingerprints in addition to such other information
as the department shall specify. Applications may be obtained from
police departments, sheriff departments, or the Department of
Justice. The fingerprinting agency may fix a reasonable fee for
affixing the applicant's fingerprints to the form, and shall retain
such fee.


11123. The applicant shall submit the completed application
directly to the department. The application shall be accompanied by
a fee not to exceed twenty-five dollars ($25) that the department
determines equals the costs of processing the application and
providing a copy of the record to the applicant. All fees received
by the department under this section are hereby appropriated without
regard to fiscal years for the support of the Department of Justice
in addition to such other funds as may be appropriated therefor by
the Legislature. Any request for waiver of fee shall accompany the
original request for the record and shall include a claim and proof
of indigency.



11124. When an application is received by the department, the
department shall determine whether a record pertaining to the
applicant is maintained. If such record is maintained, the
department shall furnish a copy of the record to the applicant or to
an individual designated by the applicant. If no such record is
maintained, the department shall so notify the applicant or an
individual designated by the applicant. Delivery of the copy of the
record, or notice of no record, may be by mail or other appropriate
means agreed to by the applicant and the department.




11125. No person or agency shall require or request another person
to furnish a copy of a record or notification that a record exists or
does not exist, as provided in Section 11124. A violation of this
section is a misdemeanor.


11126. (a) If the applicant desires to question the accuracy or
completeness of any material matter contained in the record, he or
she may submit a written request to the department in a form
established by it. The request shall include a statement of the
alleged inaccuracy or incompleteness in the record, and its
materiality, and shall specify any proof or corroboration available.
Upon receipt of the request, the department shall review the record
to determine if the information correctly reflects the source
document, and if it does not, the department shall make the necessary
corrections and shall provide the applicant with a corrected copy of
the record. If the accuracy of the source document is questioned,
the department shall forward it to the person or agency which
furnished the questioned information. This person or agency shall,
within 30 days of receipt of the written request for clarification,
review its information and forward to the department the results of
the review.
(b) If the agency concurs in the allegations of inaccuracy or
incompleteness in the record, and finds that the error is material,
it shall correct its record and shall so inform the department, which
shall correct the record accordingly. The department shall inform
the applicant of its correction of the record under this subdivision
within 30 days. The department and the agency shall notify all
persons and agencies to which they have disseminated the incorrect
record in the past 90 days of the correction of the record, and the
applicant shall be informed that the notification has been given.
The department and the agency shall also notify those persons or
agencies to which the incorrect record has been disseminated which
have been specifically requested by the applicant to receive
notification of the correction of the record, and the applicant shall
be informed that the notification has been given.
(c) If the department or the agency denies the allegations of
inaccuracy or incompleteness in the record, the matter shall be
referred for administrative adjudication in accordance with Chapter 5
(commencing with Section 11500) of Part 1, Division 3, Title 2 of
the Government Code for a determination of whether material
inaccuracy or incompleteness exists in the record. The department
shall be the respondent in the hearing. If a material inaccuracy or
incompleteness is found in any record, the department and the agency
in charge of that record shall be directed to correct it accordingly.
The department and the agency shall notify all persons and agencies
to which they have disseminated the incorrect record in the past 90
days of the correction of the record, and the applicant shall be
informed that the notification has been given. The department and
the agency shall also notify those persons or agencies to which the
incorrect record has been disseminated which have been specifically
requested by the applicant to receive notification of the correction
of the record, and the applicant shall be informed that the
notification has been given. Judicial review of the decision shall
be governed by Section 11523 of the Government Code. The applicant
shall be informed of the decision within 30 days of its issuance in
accordance with Section 11518 of the Government Code.



11127. The department shall adopt all regulations necessary to
carry out the provisions of this article.
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Unlawful Furnishing of State Summary Criminal
History Information
11140. As used in this article:
(a) "Record" means the state summary criminal history information
as defined in subdivision (a) of Section 11105, or a copy thereof,
maintained under a person's name by the Department of Justice.
(b) "A person authorized by law to receive a record" means any
person or public agency authorized by a court, statute, or decisional
law to receive a record.


11141. Any employee of the Department of Justice who knowingly
furnishes a record or information obtained from a record to a person
who is not authorized by law to receive the record or information is
guilty of a misdemeanor.


11142. Any person authorized by law to receive a record or
information obtained from a record who knowingly furnishes the record
or information to a person who is not authorized by law to receive
the record or information is guilty of a misdemeanor.




11143. Any person, except those specifically referred to in Section
1070 of the Evidence Code, who, knowing he is not authorized by law
to receive a record or information obtained from a record, knowingly
buys, receives, or possesses the record or information is guilty of a
misdemeanor.


11144. (a) It is not a violation of this article to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(b) It is not a violation of this article to disseminate
information obtained from a record for the purpose of assisting in
the apprehension of a person wanted in connection with the commission
of a crime.
(c) It is not a violation of this article to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
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NATIONAL SEARCH OF CRIMINAL RECORDS


11145. In lieu of a national check of fingerprint records conducted
by the Federal Bureau of Investigation through the California
Department of Justice, state agencies shall contract with an
independent vendor to conduct a national search of the individuals'
criminal records, as provided in this chapter.



11146. This chapter applies to:
(a) The California Commission for Teacher Preparation and
Licensing, in licensing of all teaching and services credential
applicants, pursuant to Section 44341 of the Education Code.
(b) The State Department of Social Services in licensing those
community care facility operators providing services to children as
mandated in Section 1522 of the Health and Safety Code.
(c) The county welfare department in carrying out its approval
authority for relative and nonrelative extended family member foster
care placements pursuant to Section 309 of the Welfare and
Institutions Code.


11147. In order that a thorough search may be conducted, the
agencies listed in Section 11146 shall require applicants, as a
condition of employment or licensing, to provide (a) their social
security and drivers' license numbers, (b) educational history, (c)
three personal references, (d) a five-year employment and residence
history, and, (e) if appropriate, any other names they may have been
known under. This information shall be provided under penalty of
perjury.


11148. The agencies listed in Section 11146 may contract with any
vendor demonstrating the capability to conduct such background
searches in a timely manner and with the assurance of complete
confidentiality. Any such vendor shall (a) be a licensed private
investigator as defined in Section 7521 of the Business and
Professions Code; (b) have been in business for at least five years;
(c) be able to furnish bank references; (d) provide a minimum of one
million dollars ($1,000,000) in liability insurance, with the
contracting agency being named as an additional insured; and (e) be
able to provide services, via subcontracts if necessary, in all areas
of the state.
No contract shall be let unless it provides therein that the cost
per applicant for a search, including administrative costs, shall not
exceed forty dollars ($40). The state shall not be liable for any
amount in excess of forty dollars ($40) per applicant.



11149. In order to expedite the work of the vendor, all
applications submitted to the vendor shall include the results of the
fingerprint checks conducted by the California Department of
Justice.



11149.1. Vendors are exempted from any provisions of Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of Division 3
of the Civil Code which prevent the vendor from conducting the
national search of individual criminal records required by this
chapter.



11149.2. Notwithstanding any other provision of law, applicants may
be charged for the actual cost of the national search required by
this statute, including administrative costs, not to exceed forty
dollars ($40).


11149.3. Any vendor or employee of a vendor who knowingly furnishes
a record or information obtained from a record to a person who is
not authorized by law to receive the record or information shall be
guilty of a misdemeanor and fined not more than five thousand dollars
($5,000), or imprisoned in a county jail for not more than one year,
or both.



11149.4. Any vendor or employee of a vendor who intentionally
discloses information, not otherwise public, which that person knows
or should reasonably know was obtained from confidential information,
shall be subject to a civil action for invasion of privacy by the
individual to whom the information pertains.
In any successful action brought under this section, the
complainant, in addition to any special or general damages awarded,
shall be awarded a minimum of two thousand five hundred dollars
($2,500) in exemplary damages as well as attorney's fees and other
litigation costs reasonably incurred in the suit.
The right, remedy, and cause of action set forth in this section
shall be nonexclusive and is in addition to all other rights,
remedies, and causes of action for invasion of privacy, inherent in
Section 1, Article I of the California Constitution.
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CONTROL OF CRIMES AND CRIMINALS
Release of Persons Convicted of Arson


11150. Prior to the release of a person convicted of arson from an
institution under the jurisdiction of the Department of Corrections,
the Director of Corrections shall notify in writing the State Fire
Marshal and all police departments and the sheriff in the county in
which the person was convicted and, if known, in the county in which
he is to reside. The notice shall state the name of the person to be
released, the county in which he was convicted and, if known, the
county in which he will reside.



11151. Within five days after release of a person convicted of
arson from an institution under the jurisdiction of the Department of
Mental Hygiene, the Director of Mental Hygiene shall send the notice
provided in Section 11150.


11152. Upon receipt of a notice as provided in Section 11150 or
11151, the State Fire Marshal shall notify all regularly organized
fire departments in the county in which the person was convicted and,
if known, in the county in which he is to reside.
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Reports of Disposition of Inmates


11155. (a) As soon as placement of an inmate in any reentry or work
furlough program is planned, but in no case less than 60 days prior
to that placement, the Department of Corrections shall send written
notice, if notice has been requested, to all of the following: (1)
the chief of police of the city, if any, in which the inmate will
reside, if known, or in which placement will be made, (2) the sheriff
of the county in which the inmate will reside, if known, or in which
placement will be made, and (3) the victim, if any, of the crime for
which the inmate was convicted or the next of kin of the victim if
the crime was a homicide, if the victim or the next of kin has
submitted a request for notice with the department. Information
regarding victims or next of kin requesting the notice, and the
notice, shall be confidential and not available to the inmate.
(b) In the event of an escape of an inmate from any facility under
the jurisdiction of the Department of Corrections, the department
shall immediately notify, by the most reasonable and expedient means
available, the chief of police of the city, and the sheriff of the
county, in which the inmate resided immediately prior to the inmate's
arrest and conviction, and, if previously requested, to the victim,
if any, of the crime for which the inmate was convicted, or to the
next of kin of the victim if the crime was a homicide. If the inmate
is recaptured, the department shall send written notice thereof to
the persons designated in this subdivision within 30 days after
regaining custody of the inmate.
(c) Except as provided in subdivision (d), the Department of
Corrections shall send the notices required by this section to the
last address provided to the department by the requesting party. It
is the responsibility of the requesting party to provide the
department with a current address.
(d) Whenever the department sends the notice required by this
section to a victim, it shall do so by return-receipt mail. In the
event the victim does not reside at the last address provided to the
department, the department shall make a diligent, good faith effort
to learn the whereabouts of the victim in order to comply with these
notification requirements.



11156. The notice sent to the chief of police and county sheriff
pursuant to Section 11155 shall include an actual glossy photograph
no smaller than 3 1/8 x 31/8 inches in size, in conjunction with the
Department of Justice, fingerprints of each inmate in the reentry or
work furlough program.


11157. The victims may be notified of the opportunity to receive
the notices provided by this article by means of adding a paragraph
to the information contained on subpoena forms which are used in
subpoenaing victims as material witnesses to any court proceedings
resulting from the perpetration of the crime in which the victim was
involved.



11158. As used in this article, "victim" means any person alleged
or found, upon the record, to have sustained physical or financial
injury to person or property as a direct result of the crime charged.
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