2009 California Penal Code - Section 11075-11081 :: Article 2.5. Criminal Record Dissemination

PENAL CODE
SECTION 11075-11081

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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