Chapter 1 – General Administration

13030.14 Conditions of Disclosure

• Records containing personal information may be disclosed or transferred only under the following conditions:

  • To the individual to whom the information pertains, unless the information is exempt from access to the individual (See DOMDepartment Operations Manual 13030.19).

  • To other persons with the prior written, voluntary, and timely consent of the individual to whom the record pertains, if the information is not exempt from access and the consent to disclose has been obtained within 30 days before the disclosure or within the time limit specified in the written consent. The CDC Form 1021, IPAInformation Practices Act Voluntary Consent to Release Personal Information, shall be used for this purpose.

  • To the guardian or conservator of the individual, or a person representing the guardian or conservator, if it can be proven with reasonable certainty that such person is the authorized guardian or conservator of the individual, or their authorized representative.

  • To an employee of CDCRCalifornia Department of Corrections and Rehabilitation, as long as the disclosure is necessary for the performance of the employee’s official duties and the use to be made of the information is related to the purpose for which the information was obtained.

  • To another State agency, when the disclosure is necessary for that agency to accomplish its constitutional or statutory mission and use of the information shall be compatible with a purpose for which the information was obtained.

  • To any person where the disclosure is in accordance with the PRAPublic Records Act (GCGovernment Code 6250, et seq.) and DOMDepartment Operations Manual 13040.

  • To a governmental entity when required by State or federal law.

  • To a person for statistical research or reporting purposes if adequate written assurance is obtained that the information shall only be disclosed in a form that will not identify any individual.

  • To a person when compelling circumstances exist which affect the health or safety of an individual as determined by the agency maintaining the information, unless the disclosure conflicts with state or federal laws. Upon disclosure the individual to whom the information pertains shall be notified in writing through their last known address.

  • To the California State Archives (CSA) as a record which has historical or other value which warrants its preservation by the State.

  • To the Director of General Services, or their designee for evaluation to determine if the record may have further administrative, legal, or fiscal value.

  • To any person pursuant to a search warrant [except that compliance with PCPenal Code 832.7 shall be required for the record of a peace officer employee].

  • To any person pursuant to the VCVehicle Code 1800, et seq.

  • To any person for verification of eligibility and authorization for payment of government health care service claims pursuant to the W&I 1000, et seq.

  • To a law enforcement agency when required for investigation of criminal activity unless such disclosure is otherwise prohibited by law. If the request is from a DA, the information shall be disclosed within ten days unless a court determines that the disclosure is not in the public interest or for good cause.

  • C-Files (excluding medical, psychiatric, and confidential) are accessible to the DA or designee upon request, pursuant to GCGovernment Code 6263.

  • Physical access by the DA or designee to medical and psychiatric files is prohibited, pursuant to PCPenal Code 1543 through 1545 and W&I 5328.01, unless a court order from the court in the county where the files are located has been obtained or release authorization has been obtained from the inmate/parolee whose file is being sought.

• The DA or designee is permitted to obtain copies of medical reports/records of the victim(s) and assailant(s) related to any in-custody incident(s)/ assault(s) committed by inmates and subject to possible DA prosecution.

  • The DA or designee is authorized to review Confidential files in the presence of designated facility staff to determine whether there is sufficient available information to file criminal charges for in-custody misconduct, (i.e., staff assault/inmate assault).

• Requests by the DA or designee for copies of Confidential documents necessary to prosecute in-custody crimes shall be forwarded to the Warden or designee for authorization to release. Confidential documents identified by the Warden or designee as endangering the safety and security of staff, inmates, or the facility and/or deemed too sensitive for release to the DA or designee will not be released without a proper court order.

• All other requests by the DA or designee for access to Confidential files to assess information for possible prosecution of crimes occurring in the community will be reviewed by the Warden or designee on a case-by-case basis. The Warden or designee shall factor the need of the DA or designee to obtain relative information and the need to ensure the safety and security of staff, inmates, and the facility.

• In the event the DA or designee discovers exculpatory information in the Confidential file during their initial review, or any subsequent review, the DA or designee shall immediately notify the Warden or designee of the discovery and the DA’s duty to disclose the exculpatory information to the defense per PCPenal Code. The DA or designee shall notify the Warden or designee prior to disclosure of such information to the defense in order for the Warden or designee to determine any possible safety concerns and take appropriate action.

• Subpoenas for inmate and parole records shall be referred, in accordance with DOMDepartment Operations Manual 14010.6.3 to the appropriate Attorney General’s (AGAttorney General) Office identified in DOMDepartment Operations Manual 14010.13. Any questions regarding subpoenas or court orders for inmate/parolee records should also be directed to the local AGAttorney General’s office.

  • To a person or government entity to the extent required to obtain information from that person or government entity, when necessary for an investigation of a failure to comply with a specific law which CDCRCalifornia Department of Corrections and Rehabilitation is responsible for enforcing.

  • To the OIPOffice of Information Practices with the written, voluntary, and timely consent of the individual when necessary for an investigation of a complaint regarding the IPAInformation Practices Act or for mediation of a dispute.

  • To an adopted individual if the information is limited to the general background of the individual’s natural parent and does not include or reveal the identity of the natural parent.

  • To a child or grandchild of an adopted individual if the information is limited to medically necessary information pertaining to the adopted individual’s natural parents and does not include or reveal the identity of the natural parents.

  • To a committee or member of the Legislature with the written, voluntary, and timely consent of the individual.

  • To the University of California or a nonprofit educational institution conducting scientific research when the request includes the following:

  • The need for the information.

  • Procedures protecting the confidentiality of the information.

  • Assurance that the identity of the individual shall not be disclosed in an individually identifiable form.

  • To an insurer if authorized by VCVehicle Code 10900, et seq.

  • To any person when the court issues a subpoena duces tecum or other compulsory legal process for the following:

• Note: Before disclosure, if notification is not prohibited by law, CDCRCalifornia Department of Corrections and Rehabilitation shall reasonably attempt to notify the individual to whom the information pertains.

  • A peace officer employee’s record. It may be necessary to consult with the OLAOffice of Legal Affairs, IPOLT, prior to disclosing a peace officer employee’s record because of the restrictions imposed by PCPenal Code 832.7 (See DOMDepartment Operations Manual 14010.6.10.2 for further information).

  • Other employee’s records. Only the documents specifically named shall be disclosed (See DOMDepartment Operations Manual 14010.10.1 for further information).

  • An inmate’s/parolee’s record. Only the C-File shall be provided unless the court specifies other records by title.