Article 3. Reporting Information of California Penal Code >> Title 3. >> Part 4. >> Chapter 2. >> Article 3.
For each arrest made, the reporting agency shall report to
the Department of Justice, concerning each arrest, the applicable
identification and arrest data described in Section 13125 and
fingerprints, except as otherwise provided by law or as prescribed by
the Department of Justice.
The superior court that disposes of a case for which an
arrest was required to be reported to the Department of Justice
pursuant to Section 13150 or for which fingerprints were taken and
submitted to the Department of Justice by order of the court shall
assure that a disposition report of such case containing the
applicable data elements enumerated in Section 13125, or Section
13151.1 if such disposition is one of dismissal, is furnished to the
Department of Justice within 30 days according to the procedures and
on a format prescribed by the department. The court shall also
furnish a copy of such disposition report to the law enforcement
agency having primary jurisdiction to investigate the offense alleged
in the complaint or accusation. Whenever a court shall order any
action subsequent to the initial disposition of a case, the court
shall similarly report such proceedings to the department.
When a disposition described in Section 13151 is one of
dismissal of the charge, the disposition report shall state one of
the following reasons, as appropriate:
(a) Dismissal in furtherance of justice, pursuant to Section 1385
of the Penal Code. In addition to this dismissal label, the court
shall set forth the particular reasons for dismissal.
(b) Case compromised; defendant discharged because restitution or
other satisfaction was made to the injured person, pursuant to
Sections 1377 and 1378.
(c) Court found insufficient cause to believe defendant guilty of
a public offense; defendant discharged without trial pursuant to
Section 871.
(d) Dismissal due to delay; action against defendant dismissed
because the information was not filed or the action was not brought
to trial within the time allowed by Section 1381, 1381.5, or 1382.
(e) Accusation set aside pursuant to Section 995. In addition to
this dismissal label, the court shall set forth the particular
reasons for the dismissal.
(f) Defective accusation; defendant discharged pursuant to Section
1008, when the action is dismissed pursuant to that section after
demurrer is sustained, because no amendment of the accusatory
pleading is permitted or amendment is not made or filed within the
time allowed.
(g) Defendant became a witness for the people and was discharged
pursuant to Section 1099.
(h) Defendant discharged at trial because of insufficient
evidence, in order to become a witness for his codefendant pursuant
to Section 1100.
(i) Judgment arrested; defendant discharged, when the court finds
defects in the accusatory pleading pursuant to Sections 1185 to 1187,
inclusive, and defendant is released pursuant to Section 1188.
(j) Judgment arrested; defendant recommitted, when the court finds
defects in the accusatory pleading pursuant to Sections 1185 to
1187, inclusive, and defendant is recommitted to answer a new
indictment or information pursuant to Section 1188.
(k) Mistrial; defendant discharged. In addition to this dismissal
label, the court shall set forth the particular reasons for its
declaration of a mistrial.
(l) Mistrial; defendant recommitted. In addition to this dismissal
label, the court shall set forth the particular reasons for its
declaration of a mistrial.
(m) Any other dismissal by which the case was terminated. In
addition to the dismissal label, the court shall set forth the
particular reasons for the disposition.
Admissions or releases from detention facilities shall be
reported by the detention agency to the Department of Justice within
30 days of such action.
Criminal offender record information relating to arrests for
being found in any public place under the influence of intoxicating
liquor under subdivision (f) of Section 647 shall not be reported or
maintained by the Department of Justice without special individual
justification.
Each reporting agency shall report to the Department of
Justice each arrest for the commission of a public offense while in
custody in any local detention facility, or any state prison, as
provided in Chapter 4 (commencing with Section 653.75) of Title 15,
for inclusion in that person's state summary criminal history record.
The report shall include the public offense committed and a
reference indicating that the offense occurred while the person was
in custody in a local detention facility or state prison.
Commencing January 1, 2013, the Administrative Office of the
Courts shall collect from trial courts information regarding the
implementation of the 2011 Realignment Legislation. That information
shall include statistics for each county regarding the dispositions
of felonies at sentencing and petitions to revoke probation,
postrelease community supervision, mandatory supervision, and,
commencing July 1, 2013, parole. The data shall be provided not less
frequently than twice a year by the trial courts to the
Administrative Office of the Courts. Funds provided to the trial
courts for the implementation of criminal justice realignment may be
used for the purpose of collecting the information and providing it
to the Administrative Office of the Courts. The Administrative Office
of the Courts shall make this data available to the Department of
Finance, the Board of State and Community Corrections, and the Joint
Legislative Budget Committee on or before September 1, 2013, and
annually thereafter. It is the intent of the Legislature that the
Administrative Office of the Courts promote collaboration and the
reduction of duplication of data collection and reporting efforts
where possible.