Chapter 1 – General Administration

13010.11 Authorized Release of Information

• The only data that may be released to the media or to the public about an incarcerated person or parolee without a valid written authorization from the incarcerated person or parolee is limited to the following: 

  • Name.

  • Age.

  • Race and/or ethnicity.

  • Birthplace.

  • County of last legal residence.

  • Commitment offense.

  • Date of admission to CDCRCalifornia Department of Corrections and Rehabilitation and CDCRCalifornia Department of Corrections and Rehabilitation number.

  • Facility assignments and a general description of behavior.

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

• These are standard terms acceptable under Health Insurance Portability and Accountability Act (HIPAA) laws and the guidelines of the California Association of Hospitals and the American Hospital Association. The term “stable” should not be used as a condition.
  These terms are defined as follows: 

  • Undetermined – Patient is awaiting physician assessment.

  • Good – Vital signs are stable and within normal limits. Patient is conscious and comfortable. Indicators are excellent.

  • Fair – Vital signs are stable and within normal limits. Patient is conscious, but may be uncomfortable. Indicators are favorable.

  • Serious – Vital signs may be unstable and not within normal limits. Patient is acutely ill. Indicators are questionable.

  • Critical – Patient may be unconscious. Indicators are unfavorable.

  • Treated and Released – Received treatment but not admitted.

  • Manner of death as natural, homicide, suicide, accidental or executed. A death will only be confirmed after next-of-kin notification has been made. CDCRCalifornia Department of Corrections and Rehabilitation does not determine or release a person’s cause of death – coroners do. News and non-news media representatives should be referred to the coroner of the county where the deceased person passed away in order to obtain an official cause of death.

  • Sentencing and release actions, including month and year of current parole eligibility date.

• Generally, it is appropriate to provide all data which is a matter of public record. However, the Criminal Identification and Investigations Report (rap sheet) shall not be used as a source. Under law, information on the rap sheet is not a public record and shall not be used to furnish information concerning an incarcerated person’s or parolee’s arrest history to any person other than a sworn member of a government law enforcement agency. Information about the state prison history of parolees or previously incarcerated people, who have been arrested or are under investigation by an outside law enforcement agency, will only be released with the authorization from the arresting or investigating agency. 

• Except as provided by applicable federal and state law, no person shall disclose any protected health information that identifies an individual without a complete CDCRCalifornia Department of Corrections and Rehabilitation Form 146-HCHigh Control, Health Information-Photography and Video Consent Supplement (Rev. 12/22). Federal law also protects the individually identifiable health information about a decedent for 50 years following the date of death of an individual. 

• No person shall disclose specific information involving an incarcerated person’s medical history, educational test scores, psychological test results, classification scores, or information provided on employment or educational applications. Information on a CDCRCalifornia Department of Corrections and Rehabilitation Form 115, Rules Violation Report, that has not been affirmed by administrative review should be general in scope and referenced as allegations, such as “xxxx has been charged with….”  Disciplinary information should be general in scope and should be limited to the number of adjudicated RVRs, whether they were serious or administrative, and the finding (guilty, not guilty).

• Pursuant to DOMDepartment Operations Manual Section 86060.5, CDCRCalifornia Department of Corrections and Rehabilitation often receives requests from the news media for information about current and former incarcerated people and parolees. The CCRCalifornia Code of Regulations Title 15 Section 3261.2(e) specifies what can be shared with the media about an offender. An offender’s authorization is not needed. When receiving a request from the news media for a photograph or commitment offense information of an offender, the first point of contact is OPECOffice of Public and Employee Communications. OPECOffice of Public and Employee Communications will make a reasonable effort to determine whether the offender is the subject of a law enforcement investigation or prosecution. If so, OPECOffice of Public and Employee Communications will advise that agency of the media’s request and ask if sharing the offender’s information and/or photograph at that time might hamper the investigation. If the law enforcement or criminal justice agency specifically requests that the information and/or photograph be temporarily withheld, OPECOffice of Public and Employee Communications will relay that decision to the news media, along with the contact information for the agency for any needed follow-up. Reporters have the option of submitting a request pursuant to the CPRA.