Access to Reports/Public Records
A. Penal Code § 1203.05: Availability of probation reports for inspection or copying.
A. Penal Code § 1203d: Requires the sentence recommendations of the probation officer to be made available to the victim of the crime, or the victims next of kin if the victim has died, through the District Attorneys Office.
B. Government Code § 6254: Public records access; records exempt from disclosure requirements.
C. Government Code § 6253(a)-(c): Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as otherwise provided. Upon a request for a copy of records that reasonably describes an identifiable record or records, the agency shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Any person may request a record or information and an agency has 10 days after receipt of request to indicate whether it intends to comply. The agency may extend the compliance time beyond 10 days under unusual circumstances, e.g. off-site location of files, etc.
D. Government Code § 6253(d): Requires agency to give names and titles of the persons responsible for denying access to records.
E. Government Code § 6255: Requires written explanation for denial of access to inspection or copies of public records.
F. Government Code § 6258: An agency may be sued for failing to disclose or furnish records and information.
G. Government Code § 6259: Provides for courts review of public records to determine whether refusal to disclose is justified. If refusal to disclose is unjustified, court can order agency to make the record public and order the agency to pay court costs and attorneys fees.
