Proposition 64 – The Adult Use of Marijuana Act – Changes Effecting Adults and Juveniles

Changes in California criminal law

The Alameda County Superior Court has posted information on its website about changes that the passage of Proposition 64 – The Adult Use of Marijuana Act – brings to criminal procedures.  Here are the links:

  • Prop 64: The Adult Use of Marijuana Act
    • Effective November 9, 2016, Proposition 64 (the Adult Use of Marijuana Act) legalizes specific personal use and cultivation of marijuana for adults 21 years of age and older.
  • Prop 64: The Adult Use of Marijuana Act: minors and the law
    • Proposition 64 does not decriminalize marijuana-related offenses for minors, but it does amend existing statutes to provide that most marijuana-related offenses for minors are infractions.  In addition, Proposition 64 limits the penalties that can be imposed when a minor commits a marijuana-related offense to drug education or counseling and community service.

General information about Proposition 64:

Looking for more information on the regulation of marijuana use?  Or participatory MCLE credits before the deadline?

Alameda County Law Library will be offering a repeat of its sold-out MCLE program – Cannabis Law: Present & Future – on Thursday, January 19, 2017 at Noon.  Online registration at http://tinyurl.com/zsvylhj.  Seating is limited, so don’t space out about registering and miss out on this class.

2017_0119_cannabis_flyer_1

 

library logo

Locating Alameda County Criminal Records and Inmates

Finding information on Alameda County criminal matters and inmates

rcd_courthouse_OMuseumside

Civil law is not the only area we help our patrons research at Alameda County Law Library.  We have the California Penal Code sections, as well as, secondary sources that discuss criminal law procedure.  CEB’s California Criminal Law Procedure and Practice (KFC 1155 C36 2015 and available on OnLaw) provides an excellent overview of California criminal law.  We have other resources available through Westlaw.

At the Reference Desk, we are frequently asked more factual questions about procedures for criminal matters.  Examples of requests –  where and how to get copies of police reports and how to obtain any video record of an incident.  We have even been asked for guidance in finding family members who may have been taken into police custody.

This post presents web links for sources of information for locating information on Alameda County criminal matters including records and individuals who have  been detained.

Information covers Alameda County only.  The availability of criminal docket information varies greatly from one court system to another.  A researcher needs to check each system’s information site for more details.

Records

Criminal case records. The Superior Court of California, County of Alameda, provides the public with online access to request non-confidential criminal records through the Court’s new Public Records Web Portal, Criminal Record Requests.  There is a cost to you for this service.

http://www.alameda.courts.ca.gov/Pages.aspx/Criminal-Record-Requests  ~~~ for information on the service from the Alameda County Superior Court site

https://criminalrecords.alameda.courts.ca.gov:453/CRRWeb/  ~~~ to access the on-line request page on Alameda County’s DomainWeb website –

Scheduled court dates. Alameda County criminal court docket finder.

http://acgov.org/sheriff_app/docket/

Information on the defendant’s appearance at public criminal court proceedings.  This system does not provide juvenile case data.  Information will only be shown for those individuals with future court hearing dates.  To find on-line criminal docket information, a searcher will need to have either:

  1. Docket Number and Court Name (BOTH)  OR
  2. Police Report Number and Agency Name (BOTH)

To access, the Alameda County criminal docket, use the link on the Alameda County Sheriff’s web site –  http://acgov.org/sheriff_app/docket/

Individuals’ criminal records.

California —  For a copy of your state-wide criminal record, visit a Live Scan fingerprinting site. After providing your fingerprints and paying the required fee, a copy of your criminal record will be mailed to you. To find a Live Scan site near you, see www.ag.ca.gov/fingerprints/publications/contact.php
More information about requesting your statewide criminal history is available at www.ag.ca.gov/fingerprints/security.php. The fee may be waived if you are low income.  Call the Attorney General’s Records Review unit at (916) 227-3835 for more information.

Law enforcement incident reports.

Looking for information on a police incident?  Request the information from the agency and not the court.

First step, consider which law enforcement agency was involved – local municipal police, county sheriff, California Highway Patrol, BART police or federal law enforcement agency.  You will need to make a records request to the specific agency.

Alameda County Sheriff. Records.

https://www.alamedacountysheriff.org/les_wr.php

Alameda County Sheriff’s Records section is responsible for processing, tracking, storage of over 30,000 incident reports, citations and other official documents each year. The records section is responsible for the release of incident reports to specific individuals, agencies and businesses.Coin_Front_acsheriff

If you are requesting a police agency report from the Alameda County Sheriff use this link  – https://www.alamedacountysheriff.org/les_wr.php

Links to information for obtaining police record/public record for the cities of Alameda County.

Alameda (City) ~~~ https://alamedaca.gov/police/records

Albany ~~~ http://www.albanyca.org/index.aspx?page=193

Berkeley ~~~ http://www.ci.berkeley.ca.us/Police/Home/Records_Bureau.aspx  INFO http://www.ci.berkeley.ca.us/Police/Home/CA__Public_Records_Act.aspx

Dublin ~~~ http://www.ci.dublin.ca.us/1334/Request-a-Copy-of-a-Report

Emeryville ~~~ http://www.ci.emeryville.ca.us/302/Request-Police-Report

Fremont ~~~ http://www.fremontpolice.org/index.aspx?NID=88

Hayward ~~~ http://user.govoutreach.com/hayward/faq.php?cid=11091

Livermore ~~~ http://www.cityoflivermore.net/citygov/police/records_and_reporting/reports/default.htm

Newark ~~~ http://www.newark.org/obtain-a-copy-of-a-police-report/

Oakland ~~~ http://www2.oaklandnet.com/Government/o/OPD/DOWD002845

Piedmont ~~~ http://www.ci.piedmont.ca.us/police/lower right corner of screen

Pleasanton ~~~ http://www.cityofpleasantonca.gov/gov/depts/police/investigations/records.asp

San Leandro ~~~ http://www.sanleandro.org/depts/pd/services/reports.asp

Union City ~~~ http://www.ci.union-city.ca.us/departments/police-department/general-information/request-a-report-

Unincorporated areas and communities (Castro Valley) may contract for law enforcement services with the County Sheriff or another law enforcement agency.

BART  – Call 510.464.7032 or 510.464.7034 to obtain a copy of a BART Police Report.  http://www.bart.gov/about/police/contact

Alameda County criminal courts.

Use the link above for general information about criminal law and court services.

NOTE:  THE ALAMEDA COUNTY SUPERIOR COURT IS UNDERGOING A MAJOR REORGANIZATION OF ITS DIVISIONS AS OF APRIL 2016

Inmates/In custody

Inmate locator.  Online. Alameda County.

http://acgov.org/sheriff_app/

The Alameda County Sheriff’s Inmate Locator has records for the following Alameda County jails.

  • Glen E. Dyer Dentention Facility
  • Santa Rita Jail
  • Fremont Detention Facility
  • Berkeley Police Department Jail Facility
  • Hayward Police Department Detention Facility – Jail

All of the information shown for arrested/in-custody persons represents the most recent information known to the Sheriff’s Office.  As individuals move through the judicial process, information may change.

Names of individuals arrested and booked by Alameda County agencies, in certain circumstances, may not appear on this site based on exemptions provided under Government Code section 6254(f).  In the event a name does not appear on this site, please contact the local jurisdiction for information.

Searcher will need to know either:

  1. BOTH First Name and Last Name.
  2. PFN (Personal File Number)

You can also search on this page for all bookings within the last 24 hours.

Don’t forget the security Captcha must be entered.

24hourbookinginitialsearch

 

Inmate locator. Telephone. Santa Rita jail.

Charges, custody status, court dates, bail amounts, release dates and other inmate information can be obtained 24 hours a day, seven days a week by calling 1-925-551-6500. You must have:

  • the inmate’s name, PFN (Person File Number), or correct date of birth before obtaining information.

Inmate locator. Telephone. Glen E. Dyer Detention Facility, Oakland CA.

Charges, custody status, court dates, bail amounts, release dates and other inmate information can be obtained 24 hours a day, seven days a week by calling 510-268-7777. You must have:

  • the inmate’s name, PFN (Person File Number), or correct date of birth before obtaining information.

Inmate locator.  Mental health issues.

https://www.alamedacountysheriff.org/dc_mentalhealth.php ~~~ “My Family Member Has Been Arrested – What Do I Do?  A guide to help families when a family member who suffers from a serious mental illness is arrested.”

Call the mental health (CJMH) intake unit 925-551-6905. Inform the staff or leave a message that your family member suffers from a serious mental illness.

Criminal Justice Mental Health Program – Santa Rita Jail
5325 Broder Blvd., Dublin, CA 94568
Tel: (925) 551-6740, Fax: (925) 551-6727

Not part of the Alameda County criminal justice system but an Alameda County mental health facility:

John George Pyschiatric Hospital
15400 Foothill Blvd Building C3, San Leandro, CA 94578
1411 East 31st Street Wing B2, Oakland, CA 94601
(510) 346-1300

Alameda County jails.

Glen E. Dyer Detention Facility, 550 6th Street, Oakland CA 94607 (510) 293-7043

Santa Rita Jail, 5325 Broder Blvd, Dublin, CA 94568 1(925) 551-6500

 Fremont Detention Facility (Jail),  1990 Stevenson Blvd., Fremont, CA 94523 (510) 790-6703

The Fremont Detention Facility is a Type-I jail with a rated capacity of 96 prisoners and a total of 54 beds.  The facility is responsible for the temporary care and safe custody of persons arrested or detained by the Fremont Police Department prior to arraignment in court or transfer to the Alameda County jail (Santa Rita). Aside from booking, housing, and releasing of pretrial prisoners, the Detention Facility also provides other services, such as court-ordered bookings, registrant bookings, and Live Scan services.

Currently, the Detention Facility books and houses adult prisoners for:

  • BART Police Department
  • California Highway Patrol
  • Department of Corrections (State Parole)
  • East Bay Regional Park District Police Department
  • Newark Police Department
  • Union City Police Department
  • U.S. Immigration and Customs Enforcement (ICE)

Berkeley Police Department Jail Facility, Ronald T. Tsukamoto Public Safety Building at 2100 Martin Luther King Jr. Way, Berkeley, 94704 (510) 981-5766.

Hayward Detention Facility – Jail, 777 B Street Hayward, CA 94541 , (510) 293-7043

Housing up to 30 prisoners. The facility processes all arrests for the city of Hayward and other agencies by contract, registrant processing and public fingerprinting, but not immigration finger-printing.

 The following information is taken the Shouse California Law Group site –  http://www.shouselaw.com/jail-oakland.html

The Glenn E. Dyer Detention Facility — commonly referred to as the Glenn Dyer Jail (“GDJ”) — can house up to 834 male inmates at a time.  Individuals who are arrested in Alameda County are either taken here or to the larger Santa Rita Jail, depending on

  1. the gender of the arrestee (women are exclusively taken to Santa Rita),
  2. which facility is closer to the arrest location (if the arrestee is a male),
  3. the arrestee’s medical needs (severe medical needs are handled at Santa Rita), and
  4. whether the GDJ is at capacity.

Operated by the Alameda County Sheriff’s Department, the Glenn Dyer Jail

  1. temporarily houses arrestees until they post bail,
  2. houses convicted defendants who have been sentenced to incarceration.

Other facilities

State inmates.

California Department of Corections and Rehabilitation.  To locate an offender within the jurisdiction of the California Department of Corrections and Rehabilitation you can use the inmate locator application or call the Identification Unit at (916) 445-6713.

You must provide:

  • full name and the month, day and year of birth  OR
  • CDC identification number of person you are inquiring about

You may also fax your inquiry to the Identification Unit at (916) 322-0500.

There may be a delay (7 business days) in the availability of inmate information.

Federal inmates.

Finding an inmate in federal prison on the Federal Bureau of Prisons website.  You will need a number: Register Number , DCDC Number, FBI Number or INS Number.

 

federal_image_final.pub

 

 

There are also unofficial websites established for the use by victims of crimes to track the status of inmates.  VINE is one organization that provides information on the internet.

For information on status of California offenders, you can use VINE – California https://vinelink.com/#/home/site/5000.

library logo

 

 

 

California Governor Brown Grants 91 Pardons in 2015

California pardons granted for 2015

You may have read the news articles about the actor Robert Downey Jr. recently receiving a pardon from California’s Governor Jerry Brown but there were others –cagovernorseal
91 in total.   Interested in the background of those who received pardons?  All 91 official documents are available in one pdf here  – 12.24.15_pardons.

From the Governor’s press release about this year’s pardons (full text here.)

Individuals who have been convicted of a crime in California may apply to the Governor for a pardon. All applicants for a pardon who were eligible obtained a Certificate of Rehabilitation, which is an order from a superior court declaring that a person convicted of a crime is now rehabilitated. A gubernatorial pardon may be granted to people who have demonstrated exemplary behavior and have lived productive and law-abiding lives following their conviction. Pardons are not granted unless they are earned.

When a pardon is granted, the California Department of Justice and the Federal Bureau of Investigation are notified so that they may update their records on the applicant. The pardon is filed with the Secretary of State and the Legislature, and it is a public record.

For more information about pardons and the Certificate of Rehabilitation process, there is a government information sheet – “How to Apply for a Pardon.”

Pardons are what are granted but another term that is important for researching this process is “executive clemency” as the first step in making the request under California law is to complete the Application for Executive Clemency.

For more information about Governor Brown’s 2015 Christmas Eve pardons you can read an article entitled, “California Governor Pardons Robert Downey Jr. in Drug Case” from the Sacramento Bee.  Here is a link.

library logo

 

Who Pays? – Report On The Costs Associated With Incarceration – Oakland’s Ella Baker Center For Human Rights

The Oakland-based Ella Baker Center for Human Rights and a number of other community and civil rights organizations that work with incarcerated people have released a report finding that the costs associated with incarceration, such as traveling for prison visits, have pushed more than one-third of the families of the who_pays_-_meme1e_copy_for_websiteincarcerated person into debt.

Timothy Williams authored a recent article in The New York Times summarizing the findings of the report.

In all, researchers interviewed more than 1,000 former inmates and family members in 14 states and found that court fees and fines, phone and visitation expenses, and commissary costs frequently sink families deep into poverty.

Even public defenders are not always free. Most states permit courts to charge defendants who use public defenders — with costs sometimes rising to thousands of dollars, the report said. Other states charge defendants extra fees for jury trials.

The full report is available by using this link  – who-pays

 

library logo

Re-entry In California – Overcoming Legal Barriers in Community Reintegration

The East Bay Community Law Center will collaborate with PLI to offer an important free program – Reentry in California – Overcoming Legal Barriers to Community Reintegration 2015. They will bring together the leading California experts to share their tools and strategies for assistingEast Bay Community Law Center clients with reentry issues, Webcast, or live in San Francisco, Aug. 14, 2015, 9:00 AM Pacific

The program will discuss the significant employment and housing barriers faced by clients who have encountered the criminal justice system and highlight recent law changes, including felony reclassification under Proposition 47 and the expansion of Fair Chance Ordinances.

The faculty will discuss the following topics:
• Basic overview of the criminal justice system and collateral consequences of arrests/convictions
• Petitioning for Felony Reclassification under Prop 47
• Reentry & Immigration – Mitigating consequences for non-citizen clients
• Reentry & Employment – Fair chance hiring practices and the use of criminal records in employment decisions
• Reentry & Employment – Strategies for expanding employment protections

plilogoMore information – http://tinyurl.com/nwxm73q

Petition Filed in Alameda County Superior Court Claims Warehousing Of Mentally Ill Criminal Defendants

The American Civil Liberties Union is a party to a Petition for Writ of Mandate filed on Wednesday, July 29, 2015 in the Superior Court of California, County of Alameda.  The plaintiffs claim California “warehouses” mentally ill criminal defendants in jails without treatment for months, often in defiance of judicial orders.  Pamela Ahlin, Director of the California Department of State Hospitals, is named as a defendant.

The Petition for Writ of Mandate filed in Stiavetti v. Ahlin, RG15779731, is available here –   stiavetti_v_ahlin_acsuperior

The Courthouse News website story about the case can be read here.

Access to petition from DomainWeb

The Superior Court of California, County of Alameda, provides the public with online access to civil case records (documents and information) through DomainWeb.  The access to many of the records are now behind a pay wall on the court’s website but Public Reports (Filings) Search  provides links to all non-confidential cases filed on any given day —  by location and case type. This search page allows you to view the initial case creation petition (filing) for free for the first 5 days from the date of the filing.  DomainWeb allows for downloading of the document to your computer.

 

rcd_courthouse_OMuseumside