California Public Record Act Request - WIC § 851.1 Compliance (Santa Cruz County Probation Department)
It is a clone of this request.
| Tracking # |
24-307 |
| Multi Request | California Public Record Act Request - WIC § 851.1 Compliance |
| Submitted | June 21, 2024 |
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Communications
From: Dave Maass
To Whom It May Concern:
This letter constitutes a request under the California Public Records Act (CPRA) to the Santa Cruz 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 Santa Cruz 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
From: Santa Cruz County Probation Department
Santa Cruz County
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Your record request #24-307 has been submitted successfully.
Thank you for your request.
The due date for your request may be later than usual because the office is closed on:
* July 4: Independence Day
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From: Santa Cruz County Probation Department
Santa Cruz County
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Documents have been released for record request #24-307 along with the following message:
Dear Dave Maas,
After a review, the County has determined that it has non-exempt records responsive to the request, which are enclosed. The County did not locate any exempt records. This request will now be closed.
Pursuant to California Government Code section 7922.535, we write in response to the request dated June 23, 2024. We are submitting this response within the ten-day period for response set out in Government Code section 7922.535. We note that the Requests are limited only to records maintained in the normal course of business by the County and records that are in the County’s custody and control.
Please note that we will not produce records that are privileged or otherwise exempt from disclosure pursuant to California Government Code section 7927.200 and 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.
No preliminary drafts or memorandum not normally kept in the ordinary course of business will be produced pursuant to California Government Code section 7927.500. Records concerning real estate appraisals for pending acquisitions are also exempt from disclosure under California Government Code section 7928.705.
We will not produce documents that are subject to copyright protections, contain trade secrets, and/or proprietary and/or confidential information. See California Government Code sections 7922.570-7922.580, 7927.705, 7922.585; California Evidence Code section 1060.
Moreover, we will not produce documents exempt from disclosure under the deliberative process privilege. See Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325.
No documents will be produced where “the public interest served by not disclosing the record clearly outweighs the public interest by the disclosure of the record” under California Government Code section 7922.000. Additionally, no documents will be produced if they contain personnel, medical, private, confidential, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy under California Government Code section 7927.700 and/or the Health Insurance Portability and Accountability Act of 1996. And, to the extent any of the records you are requesting are the subject of ongoing litigation and/or pending investigations, and/or are law enforcement investigatory records, such records are exempt from production. See Government Code sections 7927.200, 7923.600-7923.625.
In addition, no documents or records will be produced to the extent such a production would violate California Penal Code §§ 832.7, 832.8, 11076, California Civil Code § 129, California Welfare and Intuitions Code §§ 827, 828, 831, California Business and Professions Code § 805, or California Evidence Code § 1043.
Furthermore, as we review your Requests, we may discover other applicable privileges and/or exemptions under the Government Code, or other applicable state or federal laws, and we reserve all rights to assert those at any time.
As always, the County reserves all rights.
Kind regards,
Valerie Thompson, Assistant Chief Probation Officer
* 20B01552 SCZPO1000.pdf
* 21B01552 SCZPO1000.pdf
* 22B01552 SCZPO1000.pdf
* 23C01552 SCZCM1000.pdf
* 24C01552 SCZCM1000.pdf
* Edovo Jail Education Solutions FY18-19 Agreement SOW & Rates.pdf
* Santa Cruz and Edovo Contract - 2018.pdf
* Orig ICA - Jail Ed Solutions signed 11-16-18.pdf
* 2022-2023 JH Youth List.xlsx
* AB 2448.docx
* BP-6163.4-Student-Use-of-Technology-2-18-2021.pdf
* Edovo Memo 2019.docx
* JH Policy 15.1 Visiting.docx
* Edovo Program.docx
* JH Policy 21.1 School.docx
* JH VIRTUAL VISIT REQUEST.docx
* JH VIRTUAL VISIT REQUEST SPANISH.docx
* MOU Probation 23-24.pdf
* VISITING REGULATIONS.doc
* Youth Orientation Booklet.pdf
Document links are valid for one month.
After August 3, you will need to sign in to view the document(s).
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Santa Cruz County.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
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24-307_2024-07-03_22_35_02_-0700
From: Santa Cruz County Probation Department
Santa Cruz County
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Record request #24-307 has been closed. The closure reason supplied was:
Dear Dave Maas,
All records have been released, and your request has been fulfilled. This request will now be closed.
Kindly,
Valerie Thompson, Assistant Chief Probation Officer
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Santa Cruz County.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>