Chapter 1 – General Administration

13030.24 Reporting no Record When a Record Exists

• In limited instances CDCRCalifornia Department of Corrections and Rehabilitation may respond to a request for personal information that no records are kept by CDCRCalifornia Department of Corrections and Rehabilitation, even though nonexempt information is kept. This exception is very limited and requires a court order pursuant to CCCorrectional Counselor 1798.41(c).

• CDCRCalifornia Department of Corrections and Rehabilitation may seek to use this exception only if disclosing the information would:

  • Seriously interfere with attempts to prevent the commission of crime, or

  • Endanger the life of an informant or other person who submitted the information contained in this record.

• In order to bar disclosure of nonexempt personal information under this rule, the presiding judge of the superior court in the county in which the record is maintained must review the record in camera. If the judge agrees that the information meets the above criteria, the court issues an ex parte order authorizing CDCRCalifornia Department of Corrections and Rehabilitation to respond to the requester that no record is maintained, even though CDCRCalifornia Department of Corrections and Rehabilitation maintains a record.

• Duration of Court Order

  • The maximum effective life of such order shall be no longer than 30 days. CDCRCalifornia Department of Corrections and Rehabilitation may seek renewals of the order at 30-day intervals. If an order expires, and CDCRCalifornia Department of Corrections and Rehabilitation receives another request to disclose the nonexempt personal information, CDCRCalifornia Department of Corrections and Rehabilitation would be required to obtain another court order or disclose the information.

• Requests for Court Order

  • When a request for disclosure of information is received and the reviewer feels that the one, or more, of the above circumstances exist, the reviewer shall:

    • Contact the Office of the AGAttorney General (see DOMDepartment Operations Manual 14010.18.1) and request that the Attorney General seek an ex parte order authorizing CDCRCalifornia Department of Corrections and Rehabilitation to respond to the person requesting the information that no record is maintained by CDCRCalifornia Department of Corrections and Rehabilitation.

    • Provide sufficient justification to the Office of the AGAttorney General to allow that office to approach the court and show cause why the information (otherwise not exempt from disclosure) should be withheld and why the ex parte order should be issued by the court.