Chapter 4 – Information Technology

47040.12 Notification, Identification, and Review Process 

• Institutions or program areas shall notify employee(s) in writing prior to the release and disclosure of any AVSS footage or audio recording pursuant to a PRAPublic Records Act request which reasonably or easily identifies the employee.

• To assist in notifying reasonably or easily identifiable employee(s), the DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff shall provide the institution or program area a copy of or instructions to access the AVSS footage. The DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff shall determine which employee(s) require notification and provide the institution or program area any information regarding the employee(s) identified in the AVSS footage. The institution or program area shall review the AVSS footage and identify any employees the DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff were unable to identify. 

• The notification shall be completed utilizing the CDCRCalifornia Department of Corrections and Rehabilitation Form 1110, Notification of Release and Disclosure of Video Footage, Audio Recording, or Both. The  
  CDCRCalifornia Department of Corrections and Rehabilitation Form 1110 shall be completed prior to the release and disclosure of any AVSS footage or audio recording pursuant to a PRAPublic Records Act request. Institutions shall retain the completed CDCRCalifornia Department of Corrections and Rehabilitation Form 1110 and forward a copy to the DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff. The DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff shall retain the CDCRCalifornia Department of Corrections and Rehabilitation Form 1110 copy with the corresponding PRAPublic Records Act request. 

• If a notified employee requests to review the AVSS footage or audio recording, the institution shall accommodate the employee within seven calendar days, barring any facility emergency. An employee’s inability to review the AVSS footage or audio recording shall not delay the release of the PRAPublic Records Act request beyond the allotted seven calendar days. 

• The institution shall document and maintain the employee’s review of the PRAPublic Records Act request to include the following:

  • The employee’s name. 

  • PERNR number.

  • Date. 

  • PRAPublic Records Act request number.

  • The AVSS footage or audio recording(s) being reviewed. 

• If the notified employee has sufficient facts to demonstrate that releasing their identity to the public presents a specific threat to their safety, the employee is directed to immediately notify, in writing, the assigned Litigation Coordinator for their area. The employee’s written statement shall contain any specific, articulable, and particularized facts about how disclosure of the records to the PRAPublic Records Act requester would pose a significant danger to their physical safety or to the physical safety of someone else. The Litigation Coordinator shall forward the information to the Hiring Authority and the DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff.  

  • The Hiring Authority shall evaluate the employee’s written statement and make a determination within five business days. 

    • If the Hiring Authority determines the employee’s written statement contains a  
      non-specific or general in-nature threat, the Hiring Authority shall immediately notify the employee in writing that the threat was evaluated and determined to be invalid. The Hiring Authority shall forward a copy to the DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff.

    • If the Hiring Authority determines the employee’s written statement contains a specific, articulable threat, the Hiring Authority shall forward the employee’s written statement to ISUInstitution Services Unit or other appropriate investigatory staff and ensure an investigation is completed. The assigned investigator(s) shall have 14 calendar days to complete the investigation and determine the legitimacy of the threat. The Hiring Authority shall forward the results of the investigation and all supporting documentation to CDCRCalifornia Department of Corrections and Rehabilitation’s General Counsel via the OLAOffice of Legal Affairs PRAPublic Records Act mailbox for final determination and notify the DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff of the submission.  

    • If the Hiring Authority determines the employee’s written statement concerns a documented threat, the Hiring Authority shall submit all supporting documentation to CDCRCalifornia Department of Corrections and Rehabilitation’s General Counsel via the OLAOffice of Legal Affairs PRAPublic Records Act mailbox for final determination and notify the DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff of the submission.

    • CDCRCalifornia Department of Corrections and Rehabilitation’s General Counsel determination shall be provided to the Hiring Authority and the DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff. The Hiring Authority shall immediately provide the decision to the employee. 

•  A PRAPublic Records Act request for AVSS footage depicting a person’s death shall require notification to the Next of Kin (NOK) to allow the NOK an opportunity to review the AVSS footage prior to release. 

  • When the DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff receives a PRAPublic Records Act request for AVSS footage depicting a person’s death, the institution shall be notified before the scheduled release. The DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff shall provide the Hiring Authority and PRAPublic Records Act Coordinator access to the redacted AVSS footage.  

  • The institution shall contact the NOK and schedule a review as soon as possible. The NOK shall have seven calendar days to review the AVSS footage. The review may occur at an institution or alternate CDCRCalifornia Department of Corrections and Rehabilitation location as needed due to distance from the NOK or other factors. The NOK may bring two other people to the review for a maximum of three people. Only redacted footage shall be reviewed by, or released to, the NOK. 

  • If the NOK decides not to review the AVSS footage but requests a copy, the institution shall work with the NOK and make a copy available. Once the seven calendar days have elapsed, the AVSS footage shall be deemed ready for release.

  • If contact with the NOK cannot be made within 72 hours of the initial attempt to contact, the Hiring Authority shall notify their respective Associate Director (AD) or Director, and the DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff that all reasonable means for obtaining the NOK contact information have been exhausted. The AD or Director shall contact OCSOffice of Correctional Safety for additional assistance locating the NOK. OCSOffice of Correctional Safety shall forward the results of the attempt to the AD or Director. If the attempt was successful, the AD or Director shall communicate the results to the institution or program area for completion per 47040.12(g). If the attempt is unsuccessful, the AD or Director shall communicate the results to the DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff. The DAIDivision of Adult Institutions (formerly Institutions Division) PRAU or OLAOffice of Legal Affairs video redaction staff shall document the results in the Public Records Portal and release the footage to the PRAPublic Records Act requestor.