California Public Record Act Request - WIC § 851.1 Compliance (El Dorado County Probation Department)

Dear Dave Maass:

The County of El Dorado is dedicated and responsive to our community. Your request has been received and is being processed. Your request was given the reference number P006998-062024 for tracking purposes.

Records Requested: To Whom It May Concern:
This letter constitutes a request under the California Public Records Act (CPRA) to the El Dorado County Probation Department from the Electronic Frontier Foundation (EFF) for records related to AB 2448 (CA Welf & Inst Code § 851.1. Online: https://codes.findlaw.com/ca/welfare-and-institutions-code/wic-sect-851-1/), a 2018 law that requires juvenile detention facilities to provide youth in custody with internet access.

Specifically, this law establishes the following requirements for juvenile detention facilities:

“Minors detained in or committed to a juvenile hall shall be provided with access to computer technology and the Internet for the purposes of education.”

The law also allows juvenile halls to provide access to computers and the internet for “maintaining relationships with family.” The Chief Probation Officer, or their designee, may “limit or deny access to computer technology or the Internet for safety and security or staffing reasons.”

We request the following El Dorado County Probation Department records:

1. All policies, procedures, practices, manuals, memorandums, orders or related documents that discuss providing minors in juvenile hall with access to computer technology and the internet for educational purposes;
2. All policies, procedures, practices, manuals, memorandums, orders or related documents that discuss providing minors in juvenile hall with access to computer technology and the internet for maintaining familial relationships;
3. All handbooks or similar documents provided to teachers and other instructors that describe the process, rules, and guidelines for accessing computer technology and the internet in juvenile hall;
4. All handbooks or similar documents provided to minors in juvenile hall that describe the process, rules, and guidelines for accessing computer technology and the internet;
5. All procurement records, such as RFPs, RFIs, solicitations, successful bids, and contracts/agreements with vendors for technology systems to provide minors in juvenile hall with access to computing and internet-connected technology;
6. Examples of any consent, permission, and similar documents provided to parents and guardians of minors in juvenile hall related to access to computer technology and the internet;
7. Any quarterly, annual, or other periodic reports that summarize the implementation of programs to comply with AB 2448 generated since 2018;
8. Logs, records, or orders related to suspension of internet access, for any amount of time, “for safety and security or staffing reasons” since 2018; and
9. Aggregate data on the number of juvenile users of computer technology and internet systems for the period 2022 and 2023.

Should these records not exist, we would appreciate a statement as to whether the agency is in compliance with AB 2448.

In addition, we request the following information and assistance, as required under CPRA:
- Assistance in identifying additional records and information that will assist us in understanding the state of the agency’s compliance with AB 2448;
- A description of the information technology and physical location in which the records exist; and
- Suggestions for overcoming any practical basis for denying access to the records and information sought.

The CPRA also requires you to undertake reasonable efforts to locate responsive records and to work in good faith with requesters to respond to their request. See CYAC v. City of National City, 220 Cal.App.4th 1385, 1430 (2013). Thus under the CPRA you are obligated to conduct a reasonable search and cannot deny a request merely because it might generate a large volume of records.

We ask that you please respond to this request within 10 days either by providing all the requested records or by providing a written response setting forth the legal authority on which you rely in withholding or redacting any document, as well as stating when documents will be made available.

We also request that any records maintained in an electronic format be provided in that same format (such as a PDF, CSV or XLS file), to avoid copying costs.

However, should you be unable to do so, EFF will reimburse you for the direct costs of copying these records (if you elect to charge for copying) plus postage. If you anticipate that these costs will exceed $50.00, or that the time needed to copy the records will delay their release, please contact me so that I can arrange to inspect the documents or decide which documents I wish to have copied. Please also provide an invoice and a cost breakdown of the fee estimate. If the fees are less than $50.00, please copy and send the records and invoice as soon as possible, and we will promptly pay the required costs.

Thank you for your consideration of this request. If you have any questions or concerns, or if I can provide any clarification that will help identify responsive documents or focus this request, please do not hesitate to contact me at the Muckrock.com email above or my direct email, dm@eff.org. You may also mail correspondence to the Electronic Frontier Foundation, 815 Eddy St. San Francisco, CA, 94109, or leave a voicemail message at 415-436-9333 x151.
Sincerely,
Dave Maass
Director of Investigations
Electronic Frontier Foundation

Upload documents directly: https://www.muckrock.com/

Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.

Thank You,

County of El Dorado

--- Please respond above this line ---
Dear Mr. Maas, Pursuant to Government Code section 7922.525, et seq., I am writing in response to your Public Records Act (“PRA”) request, received on June 20, 2024, regarding records relating to WIC 851.1, Minors detained in or committed to a juvenile hall shall be provided with access to computer technology and the Internet for the purposes of education and maintaining relationships with family. I am submitting this letter within the ten day period for response set out in Government Code 7922.535(a). Please note that requests are limited only to records maintained in the normal course of business by the County and records that are within the County’s custody, control, and access. Please also note that we will not produce records that are privileged or otherwise exempt from disclosure pursuant to State and Federal laws, including exemptions identified in Government Code section 7923.600, et seq., and additional exemptions specifically incorporated under Government Code section 7927.705. This includes documents pertaining to pending litigation or claims, and documents protected by the attorney-client privilege, attorney work product, and official information privileges. Pursuant to Government Code 7922.535(c)(1), I have determined that there are unusual circumstances warranting an extension of time to assess when the full record production can be completed. I anticipate providing that estimate to you on or before July 16, 2024. This extension is needed to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. If you have any questions, pending receipt of my updated response, please contact my office at 530-621-6079. Sincerely, El Dorado County Probation Administrative Analyst Geri Payne

--- Please respond above this line ---
Dear Mr. Maas, Pursuant to Government Code section 7922.525, et seq., I am writing in response to your Public Records Act (“PRA”) request, received on June 20, 2024, regarding records relating to WIC 851.1, Minors detained in or committed to a juvenile hall shall be provided with access to computer technology and the Internet for the purposes of education and maintaining relationships with family. I am submitting this letter within the ten-day period for response set out in Government Code 7922.535(a). Please note that requests are limited only to records maintained in the normal course of business by the County and records that are within the County’s custody, control, and access. Please also note that we will not produce records that are privileged or otherwise exempt from disclosure pursuant to State and Federal laws, including exemptions identified in Government Code section 7923.600, et seq., and additional exemptions specifically incorporated under Government Code section 7927.705. This includes documents pertaining to pending litigation or claims, and documents protected by the attorney-client privilege, attorney work product, and official information privileges. Pursuant to Government Code 7922.535(c)(1), I have determined that there are unusual circumstances warranting an extension of time to assess when the full record production can be completed. I anticipate providing that estimate to you on or before July 30, 2024. This extension is needed to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. If you have any questions, pending receipt of my updated response, please contact my office at 530-621-6079. Sincerely, El Dorado County Probation Administrative Analyst Geri Payne

--- Please respond above this line ---
Dear Mr. Maass, I am writing in response to the public records request the County of El Dorado received from you on June 20, 2024, regarding and maintaining relationships with family. As you are aware, El Dorado County exercised a 14 day extension, for the reasons previously noted, pursuant to Government Code section 7922.535.  This response falls within that statutory timeline, pursuant to that same Code section. Please note that requests are limited only to records maintained in the normal course of business by the County and records that are within the County’s custody, control, and access.  Please also note that we will not produce records that are privileged or otherwise exempt from disclosure pursuant to State and Federal laws, including exemptions identified in Government Code section 7923.600, et seq., and additional exemptions specifically incorporated under Government Code section 7927.705.  This includes documents pertaining to pending litigation or claims, and documents protected by the attorney-client privilege, attorney work product, and official information privileges. As previously communicated, the County has identified non-exempt records which are responsive to your request.  Please see the following specific responses to your request:

* Request #1: You asked for, “All policies, procedures, practices, manuals, memorandums, orders or related documents that discuss providing minors in juvenile hall with access to computer technology and the internet for educational purposes.”

* Response #1: A13_PurposeOfProgramsInterventionsServices policy has been uploaded to the Public Record Center .

* Request #2: You asked for, “All policies, procedures, practices, manuals, memorandums, orders or related documents that discuss providing minors in juvenile hall with access to computer technology and the internet for maintaining familial relationships.”

* Response #2: E13_Visiting_2 Juvenile Detention Facility visiting policy has been uploaded to the Public Record Center .

* Request #3: You asked for, “All handbooks or similar documents provided to teachers and other instructors that describe the process, rules, and guidelines for accessing computer technology and the internet in juvenile hall.”

* Response #3: We refer you to El Dorado County Office of Education, Placerville | EDCOE / District Technology Partnerships for any EDCOE records.
Request #4: You asked for, “All handbooks or similar documents provided to minors in juvenile hall that describe the process, rules, and guidelines for accessing computer technology and the internet.”

* Response #4: A13_PurposeOfProgramsInterventionsServices policy has been uploaded to the Public Record Center

* Request #5: You asked for, “All procurement records, such as RFPs, RFIs, solicitations, successful bids, and contracts/agreements with vendors for technology systems to provide minors in juvenile hall with access to computing and internet-connected technology.”

* Response #5: MatterSummary 16-Jul-2024-09-25-41 Board of Supervisors approval for current telecom utility services at the Juvenile Detention Facility (JDF).

* Request #6: You asked for, “Examples of any consent, permission, and similar documents provided to parents and guardians of minors in juvenile hall related to access to computer technology and the internet.”

* Response #6: No records exist.

* Request #7: You asked for, “. Any quarterly, annual, or other periodic reports that summarize the implementation of programs to comply with AB 2448 generated since 2018.”

* Response #7: No records exist.

* Request #8: You asked for, “Logs, records, or orders related to suspension of internet access, for any amount of time, “for safety and security or staffing reasons” since 2018.”

* Response #8: No records exist.

* Request #9: You asked for, “Aggregate data on the number of juvenile users of computer technology and internet systems for the period 2022 and 2023.”

* Response #9: PRA Juv Booking CY 2022 and CY 2023 Distinct Count w. 2 Days or Longer has been uploaded to the Public Record Center .
Request #10: You asked for, “Should these records not exist, we would appreciate a statement as to whether the agency is in compliance with AB 2448.”

* Response #10: Youth in custody use Zoom and Teams technology for education and to maintain familial relationships, in compliance with AB 2448 requirements. For records released today, you may access the records by visiting the El Dorado County Public Record Center at the following link: Public Record Center If you have any trouble accessing the records, please let us know and we will assure that you can get access to the referenced information. We trust this provides you the information you are seeking. If you have any additional questions or if we have misunderstood your request, please contact my office at 530-621-6079. Sincerely, Geri Payne Administrative Analyst El Dorado County Probation Department