SECTIONS 13100-13104

13100.  The Legislature finds and declares as follows: (a) That the criminal justice agencies in this state require, forthe performance of their official duties, accurate and reasonablycomplete criminal offender record information. (b) That the Legislature and other governmental policymaking orpolicy-researching bodies, and criminal justice agency managementunits require greatly improved aggregate information for theperformance of their duties. (c) That policing agencies and courts require speedy access toinformation concerning all felony and selected misdemeanor arrestsand final dispositions of such cases. (d) That criminal justice agencies may require regular access todetailed criminal histories relating to any felony arrest that isfollowed by the filing of a complaint. (e) That, in order to achieve the above improvements, therecording, reporting, storage, analysis, and dissemination ofcriminal offender record information in this state must be made moreuniform and efficient, and better controlled and coordinated.13100.1.  (a) The Attorney General shall appoint an advisorycommittee to the California-Criminal Index and Identification(Cal-CII) system to assist in the ongoing management of the systemwith respect to operating policies, criminal records content, andrecords retention. The committee shall serve at the pleasure of theAttorney General, without compensation, except for reimbursement ofnecessary expenses. (b) The committee shall consist of the following representatives: (1) One representative from the California Police Chiefs'Association. (2) One representative from the California Peace Officers'Association. (3) Three representatives from the California State Sheriffs'Association. (4) One trial judge appointed by the Judicial Council. (5) One representative from the California District AttorneysAssociation. (6) One representative from the California Court Clerks'Association. (7) One representative from the California Emergency ManagementAgency. (8) One representative from the Chief Probation Officers'Association. (9) One representative from the Department of Corrections andRehabilitation. (10) One representative from the Department of the CaliforniaHighway Patrol. (11) One member of the public, appointed by the Senate Committeeon Rules, who is knowledgeable and experienced in the process ofutilizing background clearances. (12) One member of the public, appointed by the Speaker of theAssembly, who is knowledgeable and experienced in the process ofutilizing background clearances.13100.2.  (a) The designee of the Attorney General shall serve aschair of the committee. (b) The Department of Justice shall provide staff and support forthe committee. (c) The committee shall meet at least twice annually.Subcommittees shall be formed and meet as necessary. All meetingsshall be open to the public and reports shall be made available tothe Legislature and other interested parties.13101.  As used in this chapter, "criminal justice agencies" arethose agencies at all levels of government which perform as theirprincipal functions, activities which either: (a) Relate to the apprehension, prosecution, adjudication,incarceration, or correction of criminal offenders; or (b) Relate to the collection, storage, dissemination or usage ofcriminal offender record information.13102.  As used in this chapter, "criminal offender recordinformation" means records and data compiled by criminal justiceagencies for purposes of identifying criminal offenders and ofmaintaining as to each such offender a summary of arrests, pretrialproceedings, the nature and disposition of criminal charges,sentencing, incarceration, rehabilitation, and release. Such information shall be restricted to that which is recorded asthe result of an arrest, detention, or other initiation of criminalproceedings or of any consequent proceedings related thereto. Itshall be understood to include, where appropriate, such items foreach person arrested as the following: (a) Personal indentification. (b) The fact, date, and arrest charge; whether the individual wassubsequently released and, if so, by what authority and upon whatterms. (c) The fact, date, and results of any pretrial proceedings. (d) The fact, date, and results of any trial or proceeding,including any sentence or penalty. (e) The fact, date, and results of any direct or collateral reviewof that trial or proceeding; the period and place of anyconfinement, including admission, release; and, where appropriate,readmission and rerelease dates. (f) The fact, date, and results of any release proceedings. (g) The fact, date, and authority of any act of pardon orclemency. (h) The fact and date of any formal termination to the criminaljustice process as to that charge or conviction. (i) The fact, date, and results of any proceeding revokingprobation or parole. It shall not include intelligence, analytical, and investigativereports and files, nor statistical records and reports in whichindividuals are not identified and from which their identities arenot ascertainable.13103.  Notwithstanding any other provisions of law relating toretention of public records, any criminal justice agency may causethe original records filed pursuant to this chapter to be destroyedif all of the following requirements are met: (a) The records have been reproduced onto microfilm or opticaldisk, or by any other techniques which do not permit additions,deletions, or changes to the original document. (b) If the records have been reproduced onto optical disk, atleast one year has elapsed since the date of registration of therecords. (c) The nonerasable storage medium used meets the minimumstandards recommended by the National Institute of Standards andTechnology for permanent record purposes. (d) Adequate provisions are made to ensure that the nonerasablestorage medium reflects additions or corrections to the records. (e) A copy of the nonerasable storage medium is maintained in amanner which permits it to be used for all purposes served by theoriginal record. (f) A copy of the nonerasable storage medium has been stored at aseparate physical location in a place and manner which willreasonably assure its preservation indefinitely against loss ordestruction.13104.  Any certified reproduction of any record stored on anonerasable storage medium under the provisions of this chapter shallbe deemed to be a certification of the original record.