Criminal Identification and Statistics
Cal. PEN § 11105.1
California Statutes
(
a) The following persons shall be furnished with state
summary criminal history information when needed in the course of their duties:
(1) The director of a state hospital or other treatment facility to which a person is committed for treatment under Sections and of the Penal Code, or
Section 5250, if committed for being dangerous to others, or
Section 5300, or former
Section or 6321, of the Welfare and Institutions Code.
(2) The community program director or the director’s designee under any of the following conditions: (
A) When ordered to evaluate a defendant for the court under paragraph (2) of subdivision (
a) of
Section and subdivision (
b) of
Section of the Penal Code, or paragraph (2) of subdivision (
a) of former
Section of the Welfare and Institutions Code. (
B) When ordered to provide outpatient treatment and supervision services under Title 15 (commencing with
Section 1600) of Part of the Penal Code. (
C) When a patient is committed for being dangerous to others under
Section of the Welfare and Institutions Code. (
D) When the director or the director’s designee provides evaluation, supervision, or treatment for a person under
Section or 2972.
(3) The officer providing conservatorship investigation under
Section of the Welfare and Institutions Code in cases where referral for conservatorship is made while the proposed conservatee is being treated under
Section or of the Penal Code or
Section 5250, if committed for being dangerous to others, or
Section 5300, or former
Section or 6321, of the Welfare and Institutions Code. (
b) In all instances pursuant to subdivision (a), the criminal history record shall be transmitted by the court with the request for evaluation or during the conservatorship investigation or with the order committing the person to a treatment facility or approving outpatient status, except that the director of a state hospital, the county mental health director, and the officer providing conservatorship investigation may receive the state
summary criminal history information from the law enforcement agency that referred the person for evaluation and treatment under
Section of the Welfare and Institutions Code if the person has been subsequently committed for being dangerous to others under
Section of the Welfare and Institutions Code. Information obtained under this subdivision shall not be included in any document which will become part of a public record.