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CALIFORNIA CODES PENAL CODE SECTION 11115-11117
11115. In any case in which a sheriff, police department or other law
enforcement agency makes an arrest and transmits a report of the arrest
to the Department of Justice or to the Federal Bureau of Investigation,
it shall be the duty of such law enforcement agency to furnish a disposition
report to such agencies whenever the arrested person is transferred
to the custody of another agency or is released without having a complaint
or accusation filed with a court. The disposition report in such cases
shall be furnished to the appropriate agencies within 30 days of release
or transfer to another agency. If either of the following dispositions
is made, the disposition report shall so state: (a) "Arrested for
intoxication and released," when the arrested party is released pursuant
to paragraph (2) of subdivision (b) of Section 849. (b) "Detention
only," when the detained party is released pursuant to paragraph (1)
of subdivision (b) of Section 849 or issued a certificate pursuant
to subdivision (b) of Section 851.6. In such cases the report shall state
the specific reason for such release, indicating that there was no ground
for making a criminal complaint because (1) further investigation exonerated
the arrested party, (2) the complainant withdrew the complaint, (3) further
investigation appeared necessary before prosecution could be initiated, (4)
the ascertainable evidence was insufficient to proceed further, (5) the admissible
or adducible evidence was insufficient to proceed further, or (6) other appropriate
explanation for release.
11116.5. Any dismissal and reason therefor provided by Section 11115
or 13151. 1 may be used by the person subject to the disposition as
an answer to any question regarding his arrest or detention history or any
question regarding the outcome of a criminal proceeding against him.
11116.6. The dispositions provided by Sections 11115 and 13151.1 must
be entered on all appropriate records of the party arrested, detained, or
against whom criminal proceedings are brought.
11116.7. Whenever an accusatory pleading is filed in any court of this
state alleging a public offense for which a defendant may be punished by
incarceration, for a period in excess of 90 days, the court shall furnish
upon request of the defendant named therein a certificate of disposition
which describes the disposition of the accusatory pleading in that court
when such disposition is one described in Section 13151.1. The certificate
of disposition shall be signed by the judge, shall substantially conform
with the requirements of Section 11116.8, and the seal of the court shall
be affixed thereto. In the event that the initial disposition of the accusatory
pleading is changed, a new disposition certificate showing the changed disposition
shall be issued by the court changing the same upon request of the defendant
or his counsel of record.
11116.8. The certificate of disposition provided by Section 11116.7
shall describe the charge or charges set forth in the original and any amended
accusatory pleading, together with the disposition of each charge in the
original and any amended accusatory pleading.
11116.9. The clerk of the court in which the disposition is made shall
provide the defendant or his counsel of record with additional certified
copies of the disposition certificate upon the payment of the fees provided
by law for certified copies of court records.
11116.10. (a) Upon the request of a victim or a witness of a crime,
the prosecuting attorney shall, within 60 days of the final disposition
of the case, inform the victim or witness by letter of such final disposition.
Such notice shall state the information described in Section 13151.1.
(b) As used in this section, "victim" means any person alleged or found,
upon the record, to have sustained physical or financial injury to person
or property as a direct result of the crime charged. (c) As used in this
section, "witness" means any person who has been or is expected
to testify for the prosecution, or who, by reason of having relevant information,
is subject to call or likely to be called as a witness for the prosecution,
whether or not any action or proceeding has yet been commenced. (d) As used
in this section, "final disposition," means an ultimate termination
of the case at the trial level including, but not limited to, dismissal,
acquittal, or imposition of sentence by the court, or a decision by
the prosecuting attorney, for whatever reason, not to file the case.
(e) Subdivision (a) does not apply in any case where the offender or
alleged offender is a minor unless the minor has been declared not
a fit and proper subject to be dealt with under the juvenile court
law. (f) This section shall not apply to any case in which a disposition
was made prior to the effective date of this section. 11117. The Department
of Justice shall prescribe and furnish the procedures and forms to
be used for the disposition and other reports required in this article
and in Sections
13151 and 13152. The department shall add the reports received
to all appropriate criminal records. Neither the reports required in
this article nor those required in Sections 13151 and 13152 shall be
admissible in evidence in any civil action.
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