San Joaquin County Sheriff's Department

PUBLIC RECORDS REQUEST

SAN JOAQUIN COUNTY SHERIFF'S DEPARTMENT

GENERAL ORDER

SHERIFF'S PUBLIC INFORMATION OFFICER
SUBJECT

DATE: 04-16-2001 (Revision)

FROM: SHERIFF-San Joaquin County

NO: C-6

TO: ALL PERSONNEL

INDEX:

Access - Press
Information - Public and Press
Juvenile Information Release
Press Releases
Public Information
Public Information Officer
Sheriff's Public Information Officer

POLICY

This department recognizes its obligation to provide accurate and timely information to the public regarding law enforcement activities. The policy of this department shall be to permit free access by recognized news media representatives to all public areas under the control of Sheriff's personnel unless such access would contaminate the crime scene, cause injury or death to another person, or interfere with essential movements or actions of law enforcement or other emergency personnel. News media representatives are those persons who identify themselves as such through the use of press credentials, media business cards, agency credentials or other documentation which establish their primary purpose to be gathering news.

Employees of the San Joaquin County Sheriff's Department shall not release information concerning records of complaints or investigations conducted by this department unless specifically authorized to do so by law.

II.

LAW

Government Code Section 6254(f) requires disclosure of the following information to (1) the victim, (2) any authorized representative of the victim, (3) an insurance carrier against which a claim has been or might be filed, (4) any person suffering bodily injury or property damage as a result of the incident, and (5) any authorized representative of the Victim/Witness Program:

1. Names and addresses of persons involved in the incident (except confidential informants).

2. Description of any property involved.

3. Date, time and location of incident.

4. All diagrams.

5. Statement of parties involved in the incident.

6. Statement of all witnesses (except confidential informants).

Section 6254(f) also defines information to be made public unless release of the information would endanger the safety of a person or the successful completion of an investigation.

1. What information must be made public?

a. Arrestee information.

(1) Full name and occupation of every individual arrested by the agency.

(2) Arrestee's physical description including date of birth, color of eyes and hair, gender, height, and weight.

(3) Date and time of arrest.

(4) Date and time of booking.

(5) Location of arrest.

(6) Factual circumstances surrounding arrest.

(7) Amount of bail set.

(8) Time and manner of release or location where arrestee is being held.

(9) All charges arrestee is being held on, including outstanding warrants and probation/parole holds.

(10) Only the name and offense(s) allegedly committed by a juvenile 14 years or older taken into custody for a serious felony, as defined in Penal Code 1192.7(c), may be disclosed to the public if it can be determined that a ward of the court hearing has commenced pursuant to W & I Code Section 602.

When a juvenile has been involved in an accident and is also arrested (e.g., D.U.I.), the personal information about the juvenile's arrest is not releasable.

All juvenile information releases to the media should be cleared through the Public Information Officer.

b. Incident information.

(1)

Time, substance, and location of all complaints or requests for assistance received by our agency.

(2)

Time and nature of response thereto, to the extent such information is recorded.

(a) Date, time, and location of occurrence.

(b) Date and time of report.

(c) Name and age of victim. (EXCEPTION: the name and/or identifying information of a victim of sex crime, child abuse, victims of domestic violence, and reporters of child abuse and molest shall not be disclosed to the public.)

(d) Factual circumstances surrounding the incident.

(e) General description of:

1 - Injuries involved.

2 - Weapons involved.

3 - Property involved.

The information mentioned in Section B above is considered public information and shall be released to the public, except to the extent disclosure of a particular item of information would endanger the successful completion of the investigation or a related investigation.

Members of the San Joaquin County Sheriff's Department shall NOT release information pertaining to the identity of a juvenile who is involved in a crime unless the requestor is listed on the current TNG order from the San Joaquin County Superior Court. All other requestors must have a Superior Court order to receive a copy of any investigation involving juveniles. The Records Manager will maintain a copy of the current TNG order.

Disaster and accident scenes may be closed to the public pursuant to 409.5 PC; however, news media representatives are exempt from this restriction.

There are no laws governing press access to the scene of a crime or the vicinity of a tactical operation such as a hostage response. The discretion as to how much access to provide the press resides with the agency involved. This contrasts with the rules for the scene of an accident, natural disaster or riot.

III.

PRESS RELEASE

The media may be controlled and/or restricted during the conduct of departmental operations when the media may be expected to cause:

1. Contamination of the crime scene.

2. Injury or death to another person (this restriction shall not apply to authorized press personnel who have been advised of potential danger to themselves and whose presence does not increase the hazard to others).

3. Interference with essential movements or actions of law enforcement or other emergency personnel.

The presence and identity of news media representatives may be recorded and/or escorted at the discretion of the scene commander where it appears reasonably necessary to maintain site/area/situation security and/or to protect the property of another.

Responsibilities.

1. Public information and communication is a basic responsibility of management personnel.

2. The authority to respond to a media inquiry may be delegated directly by the Sheriff's Public Information Officer or operationally within the service areas through the chain of command by Division Captain (sworn personnel only); e.g., Patrol Lieutenant will not assign a Records clerk to make statements to the press.

3. The department member, rank notwithstanding, who is most familiar wit an investigation, crime, or incident should be designated to respond to media inquiries when approved by Division captain or PIO and shall advise the Sheriff's Public Information Officer (sworn personnel only). When this is not practical, the immediate supervisor or superior should respond after being fully informed by knowledgeable subordinates.

4. Under no circumstances will any employee be compelled to respond to the media. When authorized by division captain or PIO, each employee or supervisor shall assess the particular inquiry and direct the reporter to the appropriate individual.

5. In situations where a media inquiry has been received and is not connected to an immediate and ongoing situation in the field, response to the media representatives may be made only after clearance from the Sheriff's Public Information Officer, his/her designee, or the Division Captain. This section does not preclude advance delegation of authority to spokespersons.

6. Comments to the media regarding any investigation being conducted by the Internal Affairs Unit, litigation involving department employees, and investigations conducted by other agencies regarding department employees is prohibited. Such information may be provided to the media only by the Sheriff, Assistant Sheriff, or designated representative.

7. Any Sheriff's employee or service area wishing to make a press release or secure media coverage of a particular event shall coordinate the announcement of notification through the Sheriff's Public Information Officer.

Notification.

1. In the event of major incidents, the on duty Patrol Lieutenant shall direct and ensure that the on duty Communications section supervisor notifies the Sheriff, Assistant Sheriff, and the Sheriff's Public Information Officer. When no Patrol Lieutenant is on duty, notification direction shall be assumed by the responsible Patrol supervisor. A major incident is a potential or actual disaster, a situation requiring the commitment of a large number of deputies, the arrest of a known public figure or celebrity, or any other event likely to attract news media either at that time or during the following day.

The Sheriff's Public Information Officer shall respond to the scene and assist the incident commander in providing liaison with news media present. The information officer shall prepare general press releases for others who are not at the scene as appropriate.

2. Personnel responding to media inquiries and/or making press releases of other than routine business shall advise the Sheriff's Public Information Officer verbally or in writing by the next regular business day.

IV.

PUBLIC INFORMATION

Release of documents.

1. Requests for arrest, conviction, and investigative reports will be referred to the Records Division to be handled during regular business hours unless urgent need exists.

a. Urgent need will be evaluated during non-business hours by the Patrol Sergeant, and information released shall be consistent with established Records procedures.

2. All information available through CLETS, NCIC, CJIS, RMS, CAD, SOARS, or other automated systems is to be used for law enforcement purposes only and shall be released only to persons as designated by law.

3. Copies of controlled documents (rap sheets, documented reports, ICAP Bulletins, all computer printouts containing identifying information, etc.) released to Sheriff's Department employees shall be properly disposed of in a classified manner.

Copies of documents shall only be released upon payment of proper fees unless fees are waived by the authorized Sheriff's staff.

Release of verbal information.

1. Requests from the public for arrest, conviction, or investigative report information will be referred to the responsible division during regular business hours.

2. Requests from the public initiated during other than normal business hours will be evaluated by the Patrol Sergeant.

3. Requests from the news media will be handled according to General Order C-6, Sheriff's Public Information Officer.

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