Loading…
Citizens Law Enforcement Review Board (CLERB) access to probation reports, files and records: the court-approved authorization form, access on a probationer's signed authorization or on proof of death with court-reviewed redactions, redaction of confidential information, disputes heard in Department 102, and confidentiality conditions. In effect for 2026.
California > Fourth Appellate District > San Diego County > Superior Court of California, County of San Diego
[File stamp: FILED, Clerk of the Superior Court, DEC 31 2025, By: G. Arce-Barraza, Deputy] THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO IN RE CLERB AUTHORIZATION TO VIEW PROBATION REPORTS, FILES, AND RECORDS GENERAL ORDER OF THE PRESIDING DEPARTMENT ORDER NO. 010126-32 THIS COURT FINDS AS FOLLOWS: Pursuant to the County of San Diego Charter, Article VI, section 606, and San Diego County Administrative Code, article XVIII, section 340 et seq., the county’s Citizens Law Enforcement Review Board (hereafter “CLERB”) investigates and advises on the handling of citizen complaints charging officers employed by the county Sheriff’s Department and county Probation Department with misconduct arising out of the performance of their duties. (San Diego County Admin. Code, art. XVIII, §§ 340, 340.9(a).) CLERB also investigates and advises on incidents, even without a citizen complaint, involving the death of an individual arising out of or in connection with actions of an officer employed by the county Sheriff's Department or county Probation Department; the discharge of a firearm by an officer employed by the county Sheriff's Department or county Probation Department; the use of force by an officer employed by the county Sheriff's Department or county Probation Department resulting in great bodily injury; and the use of force by an officer employed by the county Sheriff's Department or county Probation Department at protests or other events protected by the First Amendment. (San Diego County Admin. Code, art. XVIII, § 340.9(b).) Some of these complaints or incidents involve individuals with adult probation reports, files, and records from a prior or current term of probation (such individuals hereafter referred to as “probationer” or “probationers”). CLERB requests access to probation reports, files, and records relevant to their investigatory duties. Pursuant to Penal Code section 1203.05(b), upon filing a petition and obtaining a court order, any person may inspect or copy a probation officer’s report filed with the court in a criminal case. Pursuant to Penal Code section 1203.10(a), a Probation Department’s records for a probationer, which includes the probation report filed with the court, shall be open to inspection by any person allowed access by court order. People v. Connor (2004) 115 Cal.App.4th 669 (Connor) requires that the subject of a probation report filed with the court have notice of a petition for access to the probation report, and of the opportunity to object and be heard. CLERB and the San Diego County Probation Department (hereafter “Probation Department”) stipulate to the following: (1) that access to probation reports, files, and records may substantially assist CLERB in conducting investigations within its jurisdiction; (2) that the proposed Authorization Form, attached as Exhibit A to the stipulation, satisfies the notice requirements of Connor, supra, and, if approved for use by the court, will not be amended without prior written approval of the court; (3) if the court approves of granting CLERB access to non-confidential portions of a probationer’s reports, files, and records, including “personal information” as defined by Connor, then access will be granted by the Probation Department upon submission to the Probation Department of the approved Authorization Form, signed by the probationer; and (4) if the court approves of granting CLERB access to non-confidential, non-personal portions of a probationer’s reports, files, and records if CLERB is unable to obtain a signed Authorization Form because the probationer is deceased then, upon submission of sufficient proof of death by CLERB to the Probation Department, the Probation Department will redact all personal information and all confidential information from the probation reports, files, and records and submit them to the court, ex parte, for review and determination whether CLERB may have access to the reports, files, and records as redacted. A copy of the stipulation and proposed Authorization Form are attached to this order as Exhibit 1. Based on the above, the court finds there is good cause to allow CLERB to view and copy portions of certain probation reports, files, and records relative to CLERB’s investigatory jurisdiction. CLERB shall be entitled to view and copy probation reports, files, and records as follows: 1. The court approves of the use of the proposed Authorization Form as drafted. (See Exhibit 1.) Changes to the content of this form may only be made upon written authorization of the court, and any use of an amended Authorization Form without prior written authorization is invalid. 2. If CLERB presents to the Probation Department a court-approved Authorization Form, signed by a probationer who is the subject of the probation reports, files, and records to be viewed or copied, then the Probation Department shall permit CLERB to view and copy all non-confidential information contained in that probationer’s reports, files, and records, including probation reports filed with the court. In such cases, Probation shall allow the viewing and copying of “personal” information in the probation reports, files, and records as described in Connor, supra, including but not limited to family background, medical and psychological conditions, financial status, military record, and history of substance abuse. The Probation Department shall keep a copy of the signed Authorization Form in the probationer’s records. 3. If CLERB presents to the Probation Department sufficient proof of death of a probationer consisting of a death certificate, medical examiner’s report, or a declaration signed by a CLERB investigator or other designee of CLERB under penalty of perjury, then the Probation Department shall: (a) redact the probationer’s personal information, as defined by Connor, supra, including but not limited to family background, medical and psychological conditions, financial status, military record, and history of substance abuse, and (b) submit the redacted copies to the court for review, ex parte, prior to release to CLERB. Upon court approval of the proposed redactions, the Probation Department shall permit CLERB to view and copy the redacted documents. 4. Before allowing CLERB to view or copy any probation reports, files, or records, the Probation Department shall redact all confidential information from the probation reports, files, and records, including but not limited to all victim information, confidential informant information, and confidential investigatory information. 5. Should CLERB dispute any of the Probation Department’s redactions of personal and/or confidential information from the Probation Department’s reports, files, and records, regardless of whether the redactions were approved by the court, CLERB may set a hearing in Department 102 of the Central Courthouse, 1100 Union St., with written notice of the hearing date and a list of the disputed redactions or documents provided to the Probation Department at least five court days before the hearing. At any such hearing, the Probation Department shall produce for the court, to review in camera, unredacted copies of the disputed documents. 6. CLERB’s access to and use of the information obtained under this order is limited to the work of CLERB within its investigatory jurisdiction as noted above. Any employee or representative of CLERB who reviews probation reports, files, or records obtained under this order shall be advised by CLERB of the terms and conditions of this order. 7. Information obtained pursuant to this order is to be kept in a confidential manner and shall not be released to any person or entity outside of CLERB, except as permitted by law or further court order. 8. Any unauthorized disclosure of information obtained pursuant to this order or failure to comply with the terms and conditions of this order may result in vacation of this order and may be punishable as contempt of court. 9. CLERB and the Probation Department shall submit any future proposed changes to, or recission of, their stipulation to the court in writing, with notice to the other party to the stipulation. 10. This order is not intended to replace, nullify, or conflict with any existing policies of the San Diego Superior Court, the Probation Department, or any other public or private agency. 11. This order does not preclude CLERB from requesting the court grant access to probation reports, files, and records in individual cases not otherwise addressed by this order. This order shall become effective on January 1, 2026, and expire on December 31, 2026, unless otherwise ordered by this court. IT IS SO ORDERED. DATED: December 31, 2025 [signature] HONORABLE MAUREEN F. HALLAHAN PRESIDING JUDGE
[File stamp: FILED, Clerk of the Superior Court, DEC 31 2025, By: G. Arce-Barraza, Deputy] THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO IN RE CLERB AUTHORIZATION TO VIEW PROBATION REPORTS, FILES, AND RECORDS GENERAL ORDER OF THE PRESIDING DEPARTMENT ORDER NO. 010126-32 THIS COURT FINDS AS FOLLOWS: Pursuant to the County of San Diego Charter, Article VI, section 606, and San Di
Reviewer note: Composed 2026-09-28 (California T3 San Diego build) from BenchPath custody ca/t3/ca-san-diego/go/general_order_010126-32.pdf (5209616 bytes, sha256 fd723281f9d17f64045da4947bd7546a27fefff8c45e07e69cea7d6a4b603773; 13 pages) - the court's own posted PDF, a scan with no usable text layer: transcribed from the rendered page images, every page read against the image; a machine reading (RapidOCR) was used only as a second reader for a word-level diff; every quotation mark, apostrophe, dash and section sign checked in full-resolution crops; pleading line numbers and “///” fill marks omitted; the file stamp and signature bracketed. Exhibit 1 (the CLERB–Probation Department stipulation and the authorization form, pages 6–13 of the PDF) is held in custody and not transcribed on this card. Printed irregularities are kept as printed.
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.