1. (a) Investigating Agencies shall retain all Covered Complaints and related materials, including, without limitation, any evidence, reports and Findings, for a period of no less than 5 years for records where there is no related Sustained Finding of Covered Misconduct and for not less than 15 years where there is a Sustained Finding of Covered Misconduct. A record shall not be destroyed while a request related to that record is being processed or while there is any pending process or litigation to determine whether the record is subject to release. All records retained pursuant to this provision shall be maintained either in the peace or custodial officer's general personnel file or in a separate file designated by the Employing Agency or Investigating Agency as provided by department or agency policy, in accordance with all applicable requirements of law.
2. (b) All policies required to be developed pursuant to these regulations shall be made available to the public, including through an internet link prominently displayed on the home page of the Employing Agency's and any other Investigating Agency's web site.
3. (c) By January 1, 2027, all Investigating Agencies shall adopt best practices for investigations conducted pursuant to Penal Code section 13682, subdivision (a), and conduct said investigations accordingly. The best practices shall incorporate and be consistent with all relevant requirements set forth in these regulations.
4. (d) Investigating Agencies shall ensure that investigation procedures comply with all applicable privacy laws.

Note: Authority cited: Section 13682, Penal Code. Reference: Section 13682, Penal Code.

History

1. New article 4 (sections 999.311-999.314) and section filed 3-3-2026; operative 7-1-2026 (Register 2026, No. 10). For prior history of article 4 and section, see Register 2022, No. 18.