California Senate Bill SB288

California 2023-2024 Regular Session

• Introduced: 2/2/23
• Refer: 2/15/23
• Refer: 3/14/23
• Failed: 2/1/24

Caption

Public records: parole calculations and inmate release credits.

Impact

SB 288's aim to make inmate release data public means that details about the credits earned by inmates, including those for good behavior, participation in rehabilitation programs, and pretrial release credits, will be disclosed. This is significant because it aligns the management of inmate information with the principles of transparency and allows the public to be informed about rehabilitation progress and release eligibility, thus enhancing public trust in the corrections system.

Summary

Senate Bill No. 288, introduced by Senator Nguyen, seeks to amend the California Public Records Act by adding Section 7923.611 to the Government Code. The main objective of this bill is to clarify that records held by the Department of Corrections and Rehabilitation (CDCR) related to an inmate's release date and earned credits for early release are to be classified as public records. This would ensure that such records are accessible to the public, fostering transparency and accountability within the state's correctional system.

Contention

While the bill presents an opportunity for greater transparency, it may also raise concerns regarding the privacy of inmates and the potential for misuse of the disclosed information. There is a balance that needs to be struck between informing the public and protecting sensitive personal information, particularly as the bill explicitly states that it does not require the disclosure of records subject to privacy protections under the Health Insurance Portability and Accountability Act (HIPAA). This provision addresses some privacy concerns yet highlights the ongoing debate around transparency versus confidentiality in the judicial and corrections systems.