Cal. Code Regs. Tit. 15, § 3321 - Confidential Material
(a)
The following types of information shall be classified as confidential:
(1) Information which, if known to the
inmate, would endanger the safety of any person.
(2) Information which would jeopardize the
security of the institution.
(3)
Specific medical or psychological information which, if known to the inmate,
would be medically or psychologically detrimental to the inmate.
(4) Information provided and classified
confidential by another governmental agency.
(5) A Security Threat Group debrief report,
reviewed and approved by the debriefing subject, for placement in the
confidential section of the central file.
(b) Uses of specific confidential material.
(1) No decision shall be based upon
information from a confidential source, unless other documentation corroborates
information from the source, or unless other circumstantial evidence
surrounding the event and the documented reliability of the source satisfies
the decision maker(s) that the information is true.
(2) Any document containing information from
a confidential source shall include an evaluation of the source's reliability,
a brief statement of the reason for the conclusion reached, and a statement of
reason why the information or source is not disclosed.
(3) The documentation given to the inmate
shall include:
(A) The fact that the
information came from a confidential source.
(B) As much of the information as can be
disclosed without identifying its source including an evaluation of the
source's reliability; a brief statement of the reason for the conclusion
reached; and, a statement of reason why the information or source is not
disclosed.
(c)
A confidential source's reliability may be established by one or more of the
following criteria:
(1) The confidential
source has previously provided information which proved to be true.
(2) Other confidential source have
independently provided the same information.
(3) The information provided by the
confidential source is self-incriminating.
(4) Part of the information provided is
corroborated through investigation or by information provided by
non-confidential sources.
(5) The
confidential source is the victim.
(6) This source successfully completed a
polygraph examination.
(d) Filing confidential material.
(1) Only case information meeting the
criteria for confidentiality shall be filed in the confidential section of an
inmate's/parolee's central file.
(2) Proposed confidential documents shall be
reviewed, signed, and dated by a staff person at the correctional counselor
III, parole agent III, correctional captain, or higher staff level to indicate
approval of the confidential designation and placement in the confidential
section of the central file.
(3)
Classification committees shall review the material filed in the confidential
folder of each case considered. Any material not approved but designated
confidential shall be removed from the folder and submitted to the designated
staff person for review and determination.
Notes
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. Repealer and new section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. Repealer and new section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Amendment of subsection (c)(4) and NOTE filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
9. New subsection (a)(5), amendment of subsection (b)(1) and new subsection (c)(6) filed 10-17-2014; operative 10-17-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1798.34, 1798.40, 1798.41 and 1798.42, Civil Code; Section 6255, Government Code; Sections 2081.5, 2600, 2601, 2932, 5054 and 5068, Penal Code; and Illinois v. Gates, 462 U.S. 213 (1983).
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. Repealer and new section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. Repealer and new section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Amendment of subsection (c)(4) and Note filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
9. New subsection (a)(5), amendment of subsection (b)(1) and new subsection (c)(6) filed 10-17-2014; operative
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