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California Penal Code section 832.7(b) applies to records relating to:
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California Senate Bill 1421 (SB-1421), which became law on January 1, 2019, amends California Penal Code sections 832.7 and 832.8 relating to peace officer records. SB-1421 requires certain peace officer personnel records and records relating to specified incidents, complaints, and investigations involving peace officers to be made available for public inspection pursuant to the California Public Records Act. The Humboldt County Sheriff’s Office is fully committed to complying with the new law. Because the law is complex, we want you to know a few important points. If you want to read the law in its entirety, click here.
"Sustained" means a final determination by the agency, following an investigation and opportunity for an administrative appeal, that the actions of the peace officer were found to violate department policy.
California Penal Code section 832.7(b) mandates the redaction of the following information:
(A) To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the names and work-related information of peace and custodial officers.
(B) To preserve the anonymity of complainants and witnesses.
(C) To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about misconduct and serious use of force by peace officers and custodial officers.
(D) Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer, custodial officer, or another person.
Additionally, if an investigation or incident involves multiple officers, information about allegations of misconduct by, or the analysis or disposition of an investigation of, an officer must be redacted unless it relates to a sustained finding against that officer.The record(s) you receive from the Sheriff’s Office will be redacted, pursuant to the Penal Code. It is important to note that all parts of the record must be reviewed and redacted prior to disclosure including paper documents, photographs, and audio and video files. The Sheriff’s Office does not presently maintain these records with the redactions mandated by the new law.
Yes. An agency may redact a record to remove personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information.
Yes. An agency may withhold the record of an incident involving the discharge of a firearm at a person by a peace officer or an incident in which the use of force by a peace officer against a person resulted in death, or in great bodily injury that is the subject of an active criminal or administrative investigation. Cal. Pen. Code section 832.7(b)(7).
In order to calculate the total number of hours estimated to complete your request, the Sheriff’s Office must first identify all incidents responsive to your request and review the amount of material related to each incident. The Office is actively looking for additional advanced technology to expedite the redaction process and is open to suggestions from the media and the public regarding such a solution.The Sheriff’s Office receives many public records requests every day. Employees tasked with responding to these CPRA requests must do so while still completing their day to day responsibilities.
Once the redaction work is completed, the redacted record/s will be posted on-line and released to the requester via the County’s NextRequest Public Records Portal.