ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: D3
Prepared by:
John Malan, SDSO Captain
Kathy Valdez, City Clerk Meeting Date: August 26, 2025
Approved by: John Conley, City Manager Agenda Location: Discussion
SUBJECT: SAN DIEGO COUNTY SHERIFF’S OFFICE SAFESTREETS PROGRAM
RECOMMENDATION: Discuss the San Diego County Sheriff’s Office SafeStreets Program, approve the installation of twelve to eighteen Automated License Plate Readers, and provide direction to staff on the implementation of other SafeStreets technology.
CORRELATION TO CITY COUNCIL GOALS: Public Safety.
PRIOR ACTION: On February 25, 2025, continued discussion on the update from the San Diego County Sheriff’s Office and directed staff to bring additional information for an additional Street Narcotics Gang Team – Gang Detective to the March 6, 2025, Budget Workshop. Directed staff to identify surveillance camera and license plate reader cost and potential locations and to provide information about these technologies to the public to determine if there is community support for their use (No vote taken).
On February 11, 2025, received an update from the San Diego County Sheriff’s Office. The item was continued to the February 25, 2025 meeting.
On September 24, 2024, tabled discussion of adding a new Sheriff’s deputy for the Gang Enforcement Team until after the March 2025 Budget Workshop meeting; and directed staff to bring a needs assessment, including crime and budget data, to City Council prior to the Budget Workshop (Vote: 4-1, Franklin opposed).
On March 8, 2022, adopted City Council Resolution No. 2022-25, approving the agreement between the City of Vista, the County of San Diego, and the San Diego County Sheriff for municipal law enforcement services (Vote: 5-0).
For a comprehensive list of prior City Council actions, please refer to Exhibit 1.
PRIOR COMMUNITY SAFETY COMMISSION ACTION: On April 10, 2025, voted to recommend to the City Council the implementation of all aspects of the SafeStreets program (Vote: 5-0, Riggenbach and Gillian absent).
STATEMENT ON THE SUBJECT: The San Diego County Sheriff's Office (SDSO) provides public safety services to 4,200 square miles of unincorporated San Diego County, nine contract cities, and eighteen Indian Reservations. The City of Vista has contracted with the SDSO for law enforcement services since
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
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MEETING DATE: August 26, 2025 PAGE 2
SUBJECT: SAN DIEGO COUNTY SHERIFF’S OFFICE SAFESTREETS PROGRAM 1963. SDSO has embraced and been a leader in the utilization of proven strategies to address and investigate crime, including Community-Oriented Policing and Information Led Policing, as well as the deployment of technology driven projects collectively known as the SafeStreets Program.
SafeStreets Program
SafeStreets is a collaboration between the community, businesses, and SDSO that allows law enforcement to address community safety matters in real time. Built on a foundation of technology that reinforces community policing, SafeStreets allows members of the community to participate and work toward enhancing the community’s quality of life by sharing home and business security video feeds directly with SDSO, utilizing pole mounted cameras in high impact areas, and the deployment of automated license plate readers to identify and compare plates against those cars driven by people suspected of being involved in illegal activities. These technologies are being utilized throughout San Diego County, with Vista being one of the few areas yet to adopt at least some aspects of the program.
Safe Vista Program
The implementation of Safe Vista would allow residents and businesses who have existing security cameras to register with SDSO; and if the evidentiary need arises SDSO will reach out to request camera footage from the respective registrant. There is also an option to be an Exclusive User in which a compatible camera system is federated with SDSO and would allow an authorized Sheriff’s representatives direct access to the live video content. SDSO only accepts/integrates privately-owned cameras that the registrant selects and which provide footage of exterior, public-facing views. SDSO does not save any video footage provided by Exclusive Users. All saved footage is the property of the camera owner; the length of time it is saved for is dependent on the registrant and their individual camera system.
By using security cameras, and sharing pre-authorized content with SDSO, community members can help SDSO quickly respond to calls for service, monitor suspicious activity, and administer investigative reports.
By quickly sharing recorded video with SDSO, rather than having to wait several hours, or days, to transfer or grant access to video content, the program allows for the quick distribution of information to help assist with the investigation.
Fifteen communities are already participating in the program, including Fallbrook, San Marcos, Encinitas, and Poway. There is no cost to the city to implement the Safe Vista Program.
Pole Cameras
Many of the cities participating in the SafeStreets program also utilize pole mounted cameras that are owned and maintained by SDSO. Cameras are placed in public areas and are clearly identifiable with a silver Sheriff's star and blue LED light. Camera video is not continuously monitored; but camera footage is recorded and maintained for 30 days. If the data is needed for a criminal investigation, it may be retained for the duration of the case until adjudication is complete and as required by law following adjudication. Video image evidence may only be accessed by those with specific need to access it to accomplish a task related to their assignment. The video is not viewed or shared by outside or federal agencies.
SDSO recognizes the importance of the public's fundamental right to privacy, specifically as it relates to the use of video technology and its integration with law enforcement's duty to protect and provide safer communities. The use of any video federation and integration system is an important tool in combating crime and can serve as a force multiplier for law enforcement in densely populated areas, as well as vast rural communities. The use of a video integration system in any public area must balance the need to protect the safety of the community, while ensuring that the public's right to privacy is safeguarded. All employees who utilize or access the video integration system shall complete training on use of the system and the need to safeguard the privacy rights of the public. Additionally, all employees are responsible for knowing and complying with this policy and procedure. Please see Exhibit 2 for SDSO Policy and Procedure 6.136.
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MEETING DATE: August 26, 2025 PAGE 3
SUBJECT: SAN DIEGO COUNTY SHERIFF’S OFFICE SAFESTREETS PROGRAM The cost of a pole mounted camera is approximately $4,600, which can vary based on component market pricing. The City would pay the cost of the camera; installation and ongoing data and maintenance costs are covered by the Sheriff’s Office.
Automated License Plate Readers
Automated License Plate Reader (ALPR) technology captures images of license plates and allows SDSO to identify plates of those cars driven by people suspected of being involved in illegal activities, as well as missing persons at-risk. Currently, all municipal police departments, six SDSO contract cities, and all unincorporated areas in San Diego County utilize this technology.
SDSO personnel utilize the California Law Enforcement Telecommunications System (CLETS) to log license plates related to Missing/Wanted/Stolen vehicles and create a “hot sheet” (of missing persons at-risk, felony crime associated vehicles and stolen vehicles and/or plates). ALPR's are placed at fixed locations. If an ALPR reads a plate contained on a "hot sheet" a real-time notification is generated and is sent to users such as dispatchers, patrol deputies and detectives. Alerts may also be broadcast by the Sheriff's Communication Center. Once an alert is received, a visual confirmation is made for validity and deputies respond according to the severity of the circumstances. This cross-reference confirmation helps validate the accuracy of the alert to ensure that law enforcement respond to an accurate vehicle.
ALPR's have proven to be extremely beneficial and effective for law enforcement operations, acting as a force multiplier for agencies that struggle with staffing issues and high caseloads. Detectives have been able to increase their case closure rates and reduce investigative timelines. Patrol Deputies can respond to at-risk individuals and crime suspects in real-time based on alerts provided by the system.
Some benefits to ALPRs include their efficiency regarding case closure rates, detection of crime suspects, and missing persons and vehicles, while providing deputies with real time alerts to increase public safety.
Additionally, this tool increases investigative abilities of detectives handling missing and abducted persons, arsonists, violent felons, and series-related crimes. Further, the technology enhances agency coordination and intelligence-led policing, while providing policy safeguards. Policy safeguards include training, restricted access to information, audits, retention, and community awareness.
SDSO complies with California law (Senate Bill 34) designed to protect private citizen's information. Before being allowed access to ALPR databases, authorized SDSO staff must complete ALPR specific training and CLETS certification tests. Access to the information is limited to life-saving and criminal investigation efforts.
ALPR data is not commercially shared or sold; and ALPR data is not shared with Federal or out-of-state law enforcement agencies. Additionally, SDSO Flock databases are not openly shared with other local agencies.
ALPR data is only retained for 30-days unless the information is needed for a longer period of time by an investigator as part of their criminal investigation. Audits for access and use are completed by the Sheriff's ALPR coordinator every year but it has recently been recommended that this be increased to every quarter – beginning January 2026. Please see Exhibit 3 for SDSO Policy and Procedure 6.130 and Exhibit 4 California DOJ Division of Law Enforcement – Information Bulletin 2023-DLE-06.
Staff is recommending the installation of ALPRs at inbound thoroughfares throughout the City. Installing ALPR's at inbound entry points provides a proactive, citywide approach to crime prevention. By identifying stolen, wanted, or vehicles associated to Amber/Silver/Feather alerts as they cross into the City, deputies gain a critical time advantage to coordinate and position units for the safest possible stop location – often before the vehicle reaches populated or high-traffic areas. This strategy is not focused on any single district or neighborhood, ensuring fair and unbiased coverage while maximizing the deterrent effect and operational efficiency of SDSO resources. Based on a preliminary evaluation, full inbound coverage could potentially be achieved with approximately 12 to18 ALPRs – and in some cases, may provide for inbound/outbound coverage. The exact ALPR location and number of units will be determined after on-site evaluations are conducted to assess city assets, mounting height, angle, and lane coverage requirements, ensuring optimal performance and compliance with legal and operational standards. 08/26/2025
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MEETING DATE: August 26, 2025 PAGE 4
SUBJECT: SAN DIEGO COUNTY SHERIFF’S OFFICE SAFESTREETS PROGRAM
There is an annual cost for each ALPR of $3,000, plus installation costs of approximately $150, if city asset infrastructure is in place.
Gun Shot Detection System
The Gun Shot Detection System is being piloted in the City of San Marcos. The System involves the fixed installation of several sensors. Acoustic detection by these sensors filters through a vast library of sound information to confirm and/or filter out sensor alerts. The sensors triangulate the sound alerts of gun shots and identify the approximate location from which the sound came. Devices do not record or monitor sounds that do not register as gunshot alerts. Initial results have not been as promising as hoped and the ability to utilize the system to address illegal fireworks has not panned out; however SDSO technical staff are continuing to adjust the system in hopes of achieving better results. In addition, other companies are working on the development of systems to identify the location of both gun shots and fireworks and the City may have the opportunity to serve as a pilot site at no cost to the City.
Staff recommends authorizing pilot testing of gun shot detection systems in Vista if there is no cost to the City to do so.
Community Outreach
In addition to being presented at the February 11, 2025, City Council meeting, public input was sought at four additional meetings:
• The item was heard by the Community Safety Commission at a regularly scheduled and posted meeting on April 10, 2025. The Commissioners present overwhelmingly supported all aspects of the SafeStreets program and voted to recommend to the City Council implementation of the program.
• Councilmember O’Donnell hosted a Town Hall meeting on April 27, 2025, at the Thibodo Park House.
The meeting was publicized through social media and the South Vista Communities.
• A presentation was provided to the Vista Chamber of Commerce Government Affairs Committee on May 1, 2025 and received very positive feedback.
• On May 22, 205 the City hosted a community meeting at the Civic Center to provide an opportunity for residents to learn about the program and provide input. The meeting was posted on the City’s website and promoted through various social media platforms both in English and Spanish; interpretation was available at the meeting.
The only issues of concern identified by the public were related to ensuring privacy/security of data and that information is not shared with federal agencies. SDSO policies adequately ease and address those concerns.
FISCAL IMPACT: The cost to implement the SafeStreets program will depend on the technologies selected for implementation and the number of units authorized. There is no cost to the City to implement the Safe Vista program or to allow for the pilot testing of gun shot detection technology. The approximate cost per pole mounted camera is a one-time output of $4,600; installation and ongoing data and maintenance costs are covered by the Sheriff’s Office. The annual cost per ALPR is $3,000. There is a one-time cost for installation of $150 on existing city infrastructure. Staff recommends the installation of approximately 12-18 ALPRs for an approximate total one-time cost of $1,800-$2,700 for installation and an annual cost of $36,000-$54,000.
There is no fiscal impact associated with this discussion item. Any direction regarding the addition of any program/equipment for which there is a cost will be brought forward during the fourth quarter financial report discussion in November.
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MEETING DATE: August 26, 2025 PAGE 5
SUBJECT: SAN DIEGO COUNTY SHERIFF’S OFFICE SAFESTREETS PROGRAM E
XHIBITS:
1. Prior City Council Actions
2. SDSO Policy and Procedure 6.136
3. SDSO Policy and Procedure 6.130
4. CA DOJ Information Bulletin 2023-DLE-06
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SAN DIEGO COUNTY SHERIFF’S OFFICE UPDATE
PRIOR CITY COUNCIL ACTIONS
On February 25, 2025, continued discussion on the update from the San Diego County Sheriff’s Office and directed staff to bring additional information for an additional Gang Detective to the March 6, 2025 Budget Workshop. Directed staff to identify surveillance camera and license plate reader cost and potential locations and to provide information about these technologies to the public to determine if there is community support for their use (No vote taken).
O
n February 11, 2025 received an update from the San Diego County Sheriff’s Office The item was continued to the February 25, 2025 meeting.
O
n September 24, 2024, tabled discussion of adding a new Sheriff’s deputy for the Gang Enforcement Team until after the March 2025 Budget Workshop Meeting. Directed staff to bring a needs assessment, including crime and budget data, to City Council prior to the Budget Workshop (Vote: 4-1, Franklin opposed).
On Ma
rch 8, 2022, adopted City Council Resolution No. 2022-25, approving the agreement between the City of Vista, the County of San Diego, and the San Diego County Sheriff for municipal law enforcement services (Vote: 5-0).
O
n September 14, 2021, adopted City Council Resolution No. 2021 -140, amending the Operating Budget for Fiscal Years 2021/22 and 2022/23, with the revised appropriation of the $275,000 allocated for one Sheriff’s Deputy to the Lighting Landscape and Maintenance line item (Vote: 3-0, Ritter and Green absent).
On J
une 27, 2017, adopted City Council Resolution No. 2017-102, approving an agreement between the City of Vista, the County of San Diego, and the San Diego County Sheriff for general and specialized law enforcement and traffic services, and authorizing the Mayor to execute the agreement (Vote: 4-0, Rigby absent).
On J
anuary 22, 2013, adopted City Council Resolution No. 2013-12, approving an agreement between the City of Vista, the County of San Diego, and the San Diego County Sheriff for general and specialized law enforcement and traffic services, and authorizing the Mayor to execute the agreement (Vote: 5-0).
On M
ay 27, 2008, adopted City Council Resolution No. 2008-108, approving a five-year agreement with the County for law enforcement services (Vote: 5-0).
On J
une 25, 2002, adopted City Council Resolution No. 2002-166, approving a five-year agreement with the County for law enforcement services (Vote: 4-0, one vacancy).
On J
une 26, 2001, adopted City Council Resolution No. 2001-120 approving a one-year extension of the agreement for law enforcement services (Vote: 4-0, McClellan absent).
On J
uly 9, 1996, approved a five-year agreement with the County of San Diego for law enforcement services (Vote: 4-0, Packard absent).
On Ma
rch 26, 1996, approved an extension of the Sheriff’s contract through June 30, 1996 (Vote: 4-0, McClellan absent).
On June
27, 1995, approved a three-month extension of the law enforcement agreement with the County of San Diego (Vote: 5-0).
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EXHIBIT 1
SAN DIEGO COUNTY SHERIFF’S OFFICE UPDATE
PRIOR CITY COUNCIL ACTIONS
On December 13, 1994, approved a six-month extension to the law enforcement agreement (Vote: 5-0).
On J
uly 12, 1994, approved a six-month extension to the law enforcement agreement (Vote: 5-0).
On J
uly 10, 1989, adopted Resolution No. 89-126 approving a five-year Sheriff’s Department contract and Joint Operating and Financial Plan for Fiscal Year 1989-90 (Vote: 5-0).
On J
une 24, 1986, adopted Resolution No. 86-161 approving a three-year agreement with the Sheriff’s Department for law enforcement and traffic enforcement services (Vote: 5-0) On J
uly 23, 1985, adopted Resolution No. 85-169 approving a one-year agreement with the Sheriff’s Department for law enforcement services (Vote: 5-0).
On J
une 26, 1984, adopted Resolution No. 84-115 approving a one-year agreement with the Sheriff’s Department for law enforcement services (Vote: 4-0, Neal absent).
On J
uly 11, 1983, adopted Resolution No. 83-104 approving a one-year agreement with the Sheriff’s Department for law enforcement services (Vote: 5-0).
On A
ugust 23, 1982, adopted Resolution No. 82-145 approving a one-year agreement with the Sheriff’s Department for law enforcement services (Vote: 5-0).
On S
eptember 14, 1981, adopted Resolution No. 81-187 approving the 6th amendment to the agreement with the Sheriff’s Department for law enforcement services (Vote: 5-0).
On O
ctober 1, 1980, adopted Resolution No. 80-176 approving the 5 th amendment to the agreement with the Sheriff’s Department for law enforcement services (Vote: 5-0).
On D
ecember 10, 1979, adopted Resolution No. 79-210 approving the 4th amendment to the agreement with the Sheriff’s Department for law enforcement services (Vote: 5-0).
On Nov
ember 13, 1978, adopted Resolution No. 78-195 approving the 2nd amendment to the agreement with the Sheriff’s Department for law enforcement services (Vote: 5-0).
On J
une 27, 1977, adopted Resolution No. 77-102 approving the 1 st amendment to the agreement with the Sheriff’s Department for law enforcement services (Vote: 5-0).
On Ma
rch 8, 1976, adopted Resolution No. 76-35 approving an agreement with the Sheriff’s Department for law enforcement services (Vote: 5-0).
O
n July 14, 1975, adopted Resolution No. 75 -103 approving the 2 nd amendment to the agreement with the Sheriff’s Department for law enforcement services (Vote: 4- 0, Mihalek absent).
On A
ugust 12, 1974, adopted Resolution No. 74-105 approving the 1 st amendment to the agreement with the Sheriff’s Department for law enforcement services (Vote: 5-0).
On A
pril 22, 1974, adopted Resolution No. 74-54 approving an agreement with the County and Sheriff’s Department for law enforcement services (Vote: 5-0). 08/26/2025
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SAN DIEGO COUNTY SHERIFF’S OFFICE UPDATE
PRIOR CITY COUNCIL ACTIONS
On July 1, 1973, approved an agreement with the County and Sheriff’s Department for law enforcement services for F/Y 1973-74.
On A
pril 3, 1973, approved an extension of the Sheriff’s contract through June 30, 1973.
On A
ugust 11, 1970, approved an extension of the Sheriff’s contract through June 30, 1971.
On J
uly 22, 1969, adopted Resolution No. 69-38 approving a one-year contract with the Sheriff’s Department through June 30, 1970 (Vote: 5-0 Tanner absent).
On A
ugust 6, 1968, adopted Resolution No. 68-64 approving a one-year contract with the Sheriff’s Department through June 30, 1968 (Vote: 4-0, Smith absent).
On J
uly 18, 1967, adopted Resolution No. 67-49 approving a one-year contract with the Sheriff’s Department through June 30, 1968 (Vote: 5-0).
On A
ugust 2, 1966, adopted Resolution No. 66-47 approving a one-year contract with the Sheriff’s Department through June 30, 1967 (Vote: 5-0).
On A
ugust 10, 1965, adopted Resolution No. 65-63 approving a one-year contract with the Sheriff’s Department through June 30, 1966 (Vote: 5-0).
On J
uly 14, 1964, adopted Resolution No. 64-50 approving a one-year contract with the Sheriff’s Department through June 30, 1965 (Vote: 4-0 Cunningham absent).
On J
uly 16, 1963, entered into a County Contract for Sheriff Department services for one-year from July 1, 1963 to June 30, 1964.
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San Diego County Sheriff’s Office – Procedure
SECTION 6 Operations_____________________________________________ SDSD will not use UAS to conduct random surveillance activities. Patrol Stations/Traffic Investigations: The shift supervisor may request the UASU. The UASU Sergeant will determine the need for UASU based on the circumstances.
Detention Facilities: At the request of the facility commander, the UASU will respond to any detention facility where an inmate has escaped and provide UAS aerial support to search the area for the escapee.
The UASU may also be requested via the Communications Center Watch Commander or by contacting the on call UASU Sergeants. The UASU Sergeant will accept or reject missions based on Office and Federal Aviation Administration (FAA) criteria.
The UASU is the primary unit within the Office authorized to utilize UAS in any operation related to Office UAS missions. The use of privately owned UAS for Office related activities is generally prohibited except in defense of human life, including the deputy's own; or, in defense of any person in immediate danger of death, or the threat of serious physical injury.
UASU provides UAS support to various units across the Sheriff's Office. Services provided include major crime scene aerial photography, public safety missions, and search and rescue missions. (01-06-20)
The Sheriff's Office recognizes the importance of the public's fundamental right to privacy, specifically as it relates to the use of video technology and its integration with law enforcement's duty to protect and provide safer communities. The use of any video federation and integration system is an important tool in combating crime and can serve as a force multiplier for law enforcement in densely populated areas, as well as vast rural communities. The use of a video integration system in any public area must balance the need to protect the safety of our communities, while ensuring that the public's right to privacy is safeguarded. All employees who utilize or access the video integration system shall complete training on use of the system and the need to safeguard the privacy rights of the public. Additionally, all employees are responsible for knowing and complying with this policy and procedure.
BACKGROUND
The Sheriff's Office currently utilizes a number of video platforms including, but not limited to, body worn cameras by sworn staff, aerial cameras in helicopters, unmanned aerial vehicles, pole cameras, and Pan-Tilt-Zoom (PTZ) cameras at most county buildings, patrol stations, courthouses and detention facilities. Additionally, there may be a need for law enforcement to integrate and federate cameras at schools, government buildings, businesses, residences and places of worship.
The goal of the Sheriff's Office's is to utilize a video integration system to combat serious cr
ime when and wherever it occurs.
Video integration allows the Sheriff's Office to more effectively address crime, specifically vi
olent crime, by allowing quick access to video after a crime has occurred.
Video feeds from appropriately placed cameras will allow law enforcement to detect and d
eter crime, aid in safeguarding against potential threats to the public, manage emergency response and enhance investigations.
USE OF VIDEO FEDERATION AND INTEGRATION SYSTEMS
The Sheriff or his/her designee shall determine who shall have access to the video integration and federation system. The Video Analysis Unit (VAU) will keep a list of the employees with
6.136 VIDEO FEDERATION AND INTEGRATION
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EXHIBIT 2
San Diego County Sheriff’s Office – Procedure
SECTION 6 Operations_____________________________________________ access to the system and shall verify they have completed the appropriate training on the functionality of the system as well as the related privacy rights of the public. The purpose in implementation and use of video federation and integration software is the following:
Crime deterrence.
To provide video in the aftermath of law enforcement responding to a critical incident or call for service or when deputies are on scene.
To provide investigators with an additional resource when solving crimes.
To exclude innocent members of the public erroneously or falsely accused of a criminal act.
To collect unbiased evidence for the prosecution of criminal acts.
Any general audio/video recording by stationary cameras shall be in the public right of way, unless specifically authorized by a search warrant or court order. All camera use shall be in compliance with all applicable City, State and Federal Laws.
The video federation and integration system shall only be accessed for official law enforcement purposes which include the investigation of a crime, allegation of a crime, system maintenance or for supervised training purposes by authorized users if both parties have completed the mandatory training. Use of the video federation and integration system for personal or voyeuristic purposes is a violation of this policy and strictly prohibited. Stored information shall only be accessed by authorized Office employees.
Video monitoring will be conducted in a professional, ethical, and legal manner. Office employees will NOT monitor individuals based on characteristics such as race, gender, ethnicity, sexual orientation, disability, or any other protected class.
PROCEDURES
All stationary, temporary, permanent or semi-permanent PTZ video camera system installations must articulate a specific need for the placement location and must be documented as such.
Each placement site must be evaluated for safety and stability. The involved labor and expenses require careful consideration of the costs versus the benefits for each site. The final placement in each location will only be completed with the approval of the Captain of the affected command area.
Publicly Owned Sites
o Any cameras installed throughout the region will be done so by Sheriff's Office (or other agency) Data Services Engineers (or other agency representatives).
They will be installed in cooperation with a public entity (city, county, etc.) in conjunction with a Memorandum of Agreement (MOA). The public entity will provide a placement location and power for the camera.
o The placement location will be determined by SDSO personnel (likely crime prevention staff, deputies, crime analysts, sworn staff, etc.) after consultation/notification to the public.
o All stationary PTZ video cameras will only be placed in and view areas open to the general public, enhancing their crime deterrent effect. o All stationary PTZ video federation and integration cameras will be placed in locations that are selected based on the need for increased police presence and monitoring due to crime trends or likely suspect ingress/egress routes. o Mobile or portable video equipment may be used in criminal investigations. o Mobile or portable video equipment shall only be used during events where there is significant risk or threat to public or community safety, security, and property (i.e., large events such as; the San Diego Fair, Avocado Festival, 08/26/2025
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San Diego County Sheriff’s Office – Procedure
SECTION 6 Operations_____________________________________________ Waterfront Park, outdoor concerts, etc.) and must be specified in a written operational plan signed by the authorizing chain of command.
Privately Owned Cameras
o Cameras owned by private citizens may be integrated into the video federation and integration system. Access to these privately-owned cameras will be completely voluntary by the public with no expectation by the Sheriff's Office for access. Additionally, access by any Sheriff's Office employee follows all of the guidelines designated in this policy.
o Some of the private video platforms include Ring®, Arlo, etc. Access to these privately-owned camera systems will be routed through the respective company and accompanied with an MOA between the user and the Sheriff's Office.
Commercially Owned Cameras
o Commercially owned cameras may include video systems at various stores, churches, schools, shopping malls, or anywhere else where a compatible video federation and integration system is already in place. Access to these video federation and integration video systems will be voluntary and with the consent of the owner to provide federation and integration footage to the Office. An MOA will accompany any such agreements.
EXTERNAL CAMERA/VIDEO FEEDS
The Sheriff's Office is authorized to enter into agreements with cooperating agencies and organizations in the private and public sector to access their external video feeds under the guidelines established by the Sheriff's Office.
Live external video feeds from cooperating agencies and organizations may be monitored and reviewed by assigned staff but not recorded by the Sheriff's Office in accordance with the guidelines set forth by the agency and the agreements in place with private entities.
The Sheriff's Office is not responsible for any maintenance or repair of any cameras, cables, monitors, recorders, etc., owned by a cooperating agency, individual, group or organization.
The Sheriff's Office is not responsible for the storage of video provided by other agencies or private entities.
OPERATIONS
Information obtained through the video monitoring system will be used exclusively for law enforcement, evidentiary or informational purposes.
Recorded information will be stored in a secure location with access granted only to authorized and trained employees as deemed necessary by the Sheriff or his/her designee.
The use of video PTZ cameras may be conducted for the following purposes:
Crime deterrence.
Investigation of suspected criminal activity.
Protection and safety of the public, property and buildings.
Terrorist threats or acts.
Monitoring of pedestrian and vehicle traffic activity.
Hazardous material response.
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San Diego County Sheriff’s Office – Procedure
SECTION 6 Operations_____________________________________________ Any other investigation as directed by the Sheriff or his/her designee.
To ensure the privacy and safety of citizens and law enforcement, camera control operators will NOT view areas within the sanctity of residences or areas not open to the public unless legally authorized by a search warrant or in an exigent circumstance involving immediate threat to life such as barricaded persons or hostage situations.
A biannual audit shall be completed by the VAU on camera operations and all data captured, stored, or otherwise produced by the use of the system to include, but not limited to; Camera functionality
Camera performance and placement
Camera attributes (PTZ)
Operator functionality
Quality control
Exterior condition
Monitor performance and video sustainability
Protection of the right to privacy
TRAINING
Sheriff's Office employees involved in video monitoring will be appropriately trained and supervised in the responsible legal and ethical use of the video federation and integration system.
No employees, other than those approved and trained in the use or maintenance of the video federation and integration system will operate the system at any time.
Documentation regarding training specific to the video federation and integration system and equipment will be maintained by the system administrator.
RETENTION AND STORAGE OF RECORDED VIDEO
Video will be maintained in accordance with the Office policies and procedures after being digitally recorded.
Any video footage which is part of an on-going investigation and approved by the Sheriff or his/her designee will be retained for a period of 30 days unless needed as evidence in a court or administrative proceeding.
Digital video footage, which has been retained for the use in an investigation where the charges have been issued by the District Attorney's office, will be stored in the secure server until a digital copy has been placed into evidence and a copy has been provided to the District Attorney.
Video recordings or other media will be stored and transported in a manner that preserves security and is in accordance with procedures outlined in County Records Retention Policy.
Current and archived recordings or media shall be kept locked and secured.
Recorded images that do not document specific incidents shall be kept confidential and destroyed on a regular basis. Such images will be retained for no more than thirty (30) days. No recorded image shall be altered in any manner unless done so for enhancement or redaction purposes and will be documented as such.
RELEASE AND VIEWING OF VIDEO IMAGE EVIDENCE
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San Diego County Sheriff’s Office – Procedure
SECTION 6 Operations_____________________________________________ All evidence collected from the video federation and integration system is considered an investigative record for the Sheriff's Office and is for official use only.
Requests for recorded video images from the public or the media shall be processed in the same manner as requests for Sheriff's Office public records.
Requests for recorded images from other law enforcement agencies, (e.g., San Diego County District Attorney's Office), shall be released in accordance with a specific and legitimate law enforcement purpose.
ACCESSING VIDEO IMAGE EVIDENCE
Video image evidence may only be accessed by those with a specific need to access it in order to accomplish a task related to their current assignment.
RETENTION OF VIDEO IMAGE EVIDENCE
All video images related to any criminal proceeding, claim filed, pending litigation, or an administrative investigation/personnel complaint, shall be preserved until that matter is resolved and/or in accordance with the law or whichever period of time is greater.
REVIEWING IMPOUNDED EVIDENCE
Employees may review video images as a resource to aid them in preparing written reports.
With the exception of a public safety statement, employees involved in a critical incident shall be allowed to review video images of the incident prior to giving a statement.
Detectives are responsible for reviewing, tracking video image evidence associated with their assigned cases, and forwarding the video image evidence to the District Attorney or City Attorney when appropriate.
Should circumstances require the immediate retrieval of a video image (e.g., Office shootings, and Office involved accidents with serious injury), a supervisor shall ensure that the video image device is secured and maintain chain of custody.
Video image evidence may be viewed/shared when necessary to accomplish a task related to an employee’s current assignment such as preparation at trial, hearings, depositions, or criminal investigations.
In situations where a deputy is unable to provide information due to injury, the video image may be viewed by any on scene deputy for the purpose of gaining critical investigative information.
In situations where there is a need to review video image evidence not covered by this procedure, a Sheriff's Lieutenant or higher must document and approve the request. Each situation will be evaluated on a case by case basis.
INTEGRATION WITH OTHER TECHNOLOGY
The Sheriff's Office may elect to incorporate the video federation and integration system with other technology to enhance available information. Systems such as gunshot detection, incident 08/26/2025
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SECTION 6 Operations_____________________________________________ mapping, crime analysis, and other video-based analytical systems may be considered based upon availability, nature of Office strategy, and seriousness of the crime investigated.
The Sheriff's Office will continue to evaluate the availability and appropriateness of collaborating with other public and private sector entities that may share access to recorded video from their camera systems with the Sheriff's Office. When accessing third party or other government agency camera footage, the Office should evaluate whether the use of camera technology, such as PTZ systems and/or other analytical tools, requires additional safeguards that meets the Sheriff's Office commitment to safeguarding privacy and implementing co-produced policing strategies with the public we serve.
In the event the Sheriff's Office representatives decide to enter into an agreement or Memorandum of Agreement (MOA) with a private entity or government agency allowing access to video from cameras operated by those parties under terms more restrictive than this procedure, Office members will adhere to the more restrictive agreement. (07-06-20)
This Office Procedure establishes guidelines for Office members using Mobile Identification Device (Mobile ID) Technology.
The purpose of Mobile ID is to enable users to perform “real-time” fingerprint acquisition in the field, which is then searched and compared against several fingerprint repository databases and provides a rapid response to the users in the field to assist in accurate subject identification.
A Mobile ID fingerprint device is defined as a portable fingerprint biometric capture station used when a subject's identification is in question or the subject has no identification available. Mobile ID is an investigative lead. The identification information provided by the use of the Mobile ID is considered to be supplemental information, and shall be used to compare, evaluate, and/or corroborate information obtained through other investigative methods. Mobile ID responses should not be used as the sole criteria for confirming one's identity.
RESPONSIBILITIES OF THE USER:
A. The purpose of field identification is to:
1) obtain identification of subjects and
2) provide users the necessary information to further their investigation.
The use of the Mobile ID is intended to augment, and not replace, other methods of properly identifying persons whose identity is unknown.
B. The Mobile ID shall be used for official Sheriff's Office business only. The Mobile ID shall only be used when appropriate, during the course of normal duties and only by authorized personnel with authorized access to the app.
C. Users must have either consent, a court order, or a legal reason for detaining an individual and scanning their prints. A user must be able to articulate the appropriate use of the Mobile ID.
D. Any information obtained through the Mobile ID shall be treated as confidential.
Warrants discovered via Mobile ID will be immediately reported to Dispatch to verify the warrant is currently active.
6.137 MOBILE
IDENTIFICATION DEVICE USE
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SECTION 6 Operations_____________________________________________ For all other tribal government records not related to casino operations, the tribal liaison will be the conduit for obtaining such records.
Notifications
Prior to attempting to serve a subpoena or search warrant for tribal government records or materials, including casino records, the Sheriff's deputy seeking investigative material relating to a criminal investigation shall contact the tribal liaison at the designated Sheriff's station or substation where the tribal government is located. The tribal liaison shall then contact the tribal government, following the appropriate tribal government protocol and ask that the property or records be provided to the Sheriff's Office. Absent exigent circumstances, voluntary compliance shall always be sought prior to the service of a search warrant.
When Sheriff's deputies plan law enforcement or investigative activity (i.e. search warrant service, arrest warrant service, probation checks, surveillance, etc.) on tribal lands, the supervisor or lead investigator shall contact the tribal liaison at the designated Sheriff's station or substation where the tribal government is located unless there are exigent circumstances. If exigency exists, the tribal liaison shall be notified as soon as possible but prior to the end of the law enforcement or investigative activity. Prior to the service of any warrant, probation/parole/4 th waiver search,
surveillance, TKO, Buy-Bust, etc., a Sheriff's Operation Plan (SO-125) should be completed with the "service on tribal land" box checked.
It is at the discretion of the tribal liaison to determine notification of the Tribe based on existing protocols. It will be the responsibility of the tribal liaison to advise the tribal government of Sheriff's law enforcement or investigative activity, pursuant to the informal understanding developed with the tribe. This notification shall be made as soon as practicable, unless notification will compromise the collection of evidence, the execution of the warrant, the safety of the public or the safety of law enforcement personnel. Public safety and investigative integrity will always take priority over immediate notification. (12-15-15) This procedure establishes guidelines for Office members using License Plate Recognition Technology.
License Plate Recognition (LPR) data is collected by utilizing specially designed cameras to randomly capture an image of a vehicle license plate and convert the plate characters into a text file using optical character recognition technology. If a match is found, the LPR user is notified.
The LPR system is an objective, non-discriminatory public safety tool as it is programmed to check all vehicles in the same manner. Data obtained by LPR cameras is useful in criminal investigations.
PRIVACY AND DATA QUALITY
Access to and use of, LPR data is for official law enforcement purposes only. Accessing and/or releasing data from the LPR system for non-law enforcement purposes is prohibited. LPR data access and use should comply with P&P 7.6. (Civil Code § 1798.90.51; Civil Code § 1798.90.53)
AUDITING AND ACCOUNTABILITY
Access to and use of, LPR data is logged for audit purposes. Audit reports are structured in a format that is understandable and useful and will contain, at a minimum, all of the following:
6.130 LICENSE PLATE
RECOGNITION (LPR)
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SECTION 6 Operations_____________________________________________ The name and agency of the user
The date and time of access
The specific data queried
The justification for the query, including a relevant reference number (i.e., case #, incident #, or assigned task force #) if available at the time.
At least once during each calendar year, the Office will audit a sampling of the ALPR system utilization from the prior 12-month period to verify proper use in accordance with the above- authorized uses. The audit will be the responsibility of the Agency Terminal Coordinator (ATC).
Any discovered intentional misconduct will lead to further investigation, termination of system access, and notification to the user’s immediate supervisor for appropriate recourse. In addition, the auditing data will be used to identify systemic issues, inadvertent misuse, and required policy changes, training enhancements, or additional oversight mechanisms. (Civil Code § 1798.90.52)
PROCEDURES
A. Authorized Purposes, Collection, and Use of LPR Data
LPR systems have proven to be very effective tools in combating crime. LPR operation and access to LPR data shall be for official law enforcement purposes only. The LPR system is restricted to legitimate law enforcement uses for the purpose of furthering law enforcement investigations and enhancing public safety. The legitimate law enforcement purposes of LPR systems include the following:
1. Locating stolen, wanted, or subject of investigation vehicles.
2. Locating witnesses and victims of violent crime.
3. Locating missing or abducted children and at-risk individuals.
B. LPR Strategies
1. LPR equipped vehicles should be deployed as frequently as possible to maximize the utilization of the system.
2. Regular operation of LPR should be considered as a force multiplying extension of a deputy’s regular patrol efforts to observe and detect vehicles of interest and specific wanted vehicles.
3. LPR may be legitimately used to collect data that is within public view, but should not be used to gather intelligence of First Amendment activities.
4. Reasonable suspicion or probable cause is not required for the operation of LPR equipment.
5. Use of LPR-equipped cars to conduct license plate canvasses and grid searches is encouraged, particularly for major crimes or incidents as well as areas that are experiencing any type of crime series.
C. LPR Procedures
LPR informational data files are periodically updated with different data sources being refreshed at different intervals. Therefore, it is important that LPR users take into account the potential for lag time between the last update and an alert provided by the LPR system on a vehicle of interest or wanted vehicle. Any alert provided by an LPR system 08/26/2025
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SECTION 6 Operations_____________________________________________ is to be considered informational and advisory in nature and requires further verification before action.
When alerted that a vehicle is wanted, stolen, or of interest to law enforcement, the mobile operator should, to the fullest extent possible, take the following steps:
1. Ensure the plate was read properly and that the state of origin is consistent with the alert.
2. Confirm the alert status by either manually entering the plate via the MDCT or requesting the check through dispatch.
3. Review the alert information to determine the nature of the advisory.
4. In the event that compelling circumstances are present or situational deputy safety issues make it unsafe to confirm the status of the alert information prior to taking action, the operator must confirm the status of the alert information as soon as possible.
5. When action is taken on an alert vehicle, it is the responsibility of the person taking action to provide the appropriate disposition information so the system may be updated as necessary.
6. Only sworn law enforcement officers should engage in contacting occupants of stolen or wanted vehicles.
7. Any incorrect reading will be corrected within the system.
LPR Data Storage, Retention, Access and Sharing
LPR systems have the capacity to collect and store data relevant and necessary for authorized law enforcement purposes. LPR systems have the ability to allow data sharing among other authorized California law enforcement agencies.
A. As established by the ARJIS Chiefs'/Sheriff's Management Committee, LPR data will be retained for a period no longer than one year from the time the LPR record was captured by the LPR device. If the Office determines the LPR data is relevant to an ongoing criminal investigation, the Office has the responsibility to document and retain the records on its server or in the case file. The LPR data documented in the criminal or administrative investigation will follow the same retention period as the report.
B. All electronic images or data gathered by LPR technology are for the exclusive use of law enforcement personnel in the discharge of official duties and are not open to the public.
C. Law enforcement officers shall not sell, transfer, or share LPR data with commercial or private entities or individuals. Law enforcement officers may disseminate LPR data to government entities with an authorized law enforcement or public safety purpose for access to such data.
D. These guidelines do not limit the use of electronic images or data for legitimate purposes by prosecutors or others legally permitted to receive evidence under the law.
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SECTION 6 Operations_____________________________________________ E. Only authorized Sheriff's personnel who have successfully completed CLETS and (LPR- provider specifi)c training may access and use LPR data. The requirements concerning the security and confidentiality are set forth in the FBI Criminal Justice Information Systems (CJIS) Security Policy and the CLETS Policies, Practices, and Procedures (PPP). https://www.fbi.gov/services/cjis/cjis-security-policy-resource-center F. All requests for sharing LPR data should be reviewed by the Office LPR administrator (Special Investigations Division Captain) or the authorized designee before the request is fulfilled. The LPR Administrator or the authorized designee will ensure the security of the information and compliance with applicable privacy laws, including but not limited to the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq) and the California Reproductive Privacy Act (Health and Safety Code § 123460 - § 123469), before approving the release of LPR data. The Sheriff's Office does not permit the sharing of LPR data gathered by the Office or its contractors/subcontractors for the purpose of federal immigration enforcement. These federal immigration agencies include Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).
The Sheriff's Office does not permit the sharing of LPR data gathered by the Office or its contractors/subcontractors for the purpose of prosecuting, investigating, or initiating any legal proceeding against any person for the exercise of reproductive health care rights as defined by California Law.
Official Custodian/Owner of the LPR System and Information
The Data Services IT Engineer assigned to administer the LPR system is responsible for implementing the provisions of this usage and privacy policy as the official custodian/owner of the LPR system and the LPR information. (Revised 11-01-204)
The body-worn camera (BWC) is an “on-the-body” audio and video recording system assigned to a deputy sheriff or community services officer (CSO) as an additional means of documenting specific incidents in the field Law Enforcement Services Bureau (LESB), Court Services Bureau (CSB), and Detention Services Bureau (DSB). Deputies/ CSO's are responsible for knowing and complying with this procedure and applicable bureau specific manuals and procedures.
TRAINING
Deputies/ CSO's will not use the BWC until they have successfully completed the required training.
GENERAL
BWC's shall be operated in accordance with the manufacturer’s guidelines and Office training, policies, and procedures.
BWC's shall be worn or used by uniformed personnel at all times during on duty hours in a law enforcement capacity, unless directed by a supervisor.
BWC equipment is for official use only and shall not be utilized for personal use.
All digital evidence collected using the BWC is considered property of the San Diego County Sheriff's Office and is for official use only.
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Rob Bonta, Attorney General
California Department of Justice
DIVISION OF LAW ENFORCEMENT
John D. Marsh, Chief
INFORMATION
BULLETIN
Subject:
California Automated License Plate Reader Data
Guidance
No.
2023-DLE-06
Contact for information:
John D. Marsh, Chief
Division of Law Enforcement
(916) 210-6300
Date:
10/27/2023
T
O: ALL CALIFORNIA STATE AND LOCAL LAW ENFORCEMENT AGENCIES T
his Information Bulletin provides guidance to California state and local law enforcement agencies (collectively California LEAs) regarding the governance of Automated License Plate Recognition (ALPR) information to ensure that the storage, collection, sharing, and use of this information is consistent with California law.
A
ccording to a recent survey and report issued by the California State Auditor1, the majority of California LEAs collect and use images captured by ALPR cameras. While ALPR information may be a helpful tool for investigative purposes, California law governs the collection, storage, sharing, and use of this data. In particular, Senate Bill 34 (Statutes of 2015, Chapter 532) (SB 34) imposes requirements on ALPR system operators and end-users regarding ALPR data collected through an ALPR system, including with whom this information may be shared.
Th
is Information Bulletin should serve as a reminder and a resource for California LEAs to ensure that their collection, storage, sharing, and use of ALPR information complies with California law.
St
ate Law Governing Use of Automated License Plate Reader Data (SB 34) Se
nate Bill 34 (Statutes of 2015, Chapter 532) (SB 34) became effective on January 1, 2016. That law, codified at California Civil Code section 1798.90.5 et seq., establishes requirements—including privacy safeguards— for California LEAs who collect, store, use, or share ALPR data. Additional requirements apply to agencies that operate an ALPR system. Key definitions from SB 34 are set forth below:
• “AL
PR information” is “information or data collected through the use of an ALPR system [excluding a transportation agency].” (Civ. Code, § 1798.90.5, subd. (b).) • “
ALPR system” means “a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer-readable data.” (Civ. Code, § 1798.90.5, subd. (d.)
• “A
LPR operator” is “a person that operates an ALPR system, but does not include a transportation 1 The full report is available at https://www.auditor.ca.gov/reports/2019-118/index.html 08/26/2025
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agency when subject to Section 31490 of the Streets and Highways Code.].) (Civ. Code, § 1798.90.5, subd. (c)
• An “ALPR end-user” is “a person that accesses or uses an ALPR system,” with exclusions not relevant to LEAs. (Civ. Code, § 1798.90.5, subd. (a).)
• A “person” is “any natural person, public agency, partnership, firm, association, corporation, limited liability company, or other legal entity.” (Civ. Code, § 1798.90.5, subd. (e).)
• A “public agency” is “the state, any city, county, or city and county, or any agency or political subdivision of the state or a city, county, or city and county, including, but not limited to, a law enforcement agency.” (Civ. Code, § 1798.90.5, subd. (f).)
GUIDANCE REGARDING SB 34
As a reminder, SB 34 imposes the following affirmative obligations on “public agencies,” which includes all California LEAs:
• A public agency “shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law.” “[T]he provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.” (Civ. Code, § 1798.90.55, subd. (b).)
• A public agency that operates or intends to operate an ALPR system must provide the opportunity for public comment at a regularly scheduled meeting of the agency before implementing the ALPR program. (Civ. Code, § 1798.90.55, subd. (a).)
• ALPR operators and end-users must develop a usage and privacy policy, which must be conspicuously posted on their website, and must contain provisions designed to “protect ALPR information from unauthorized access, destruction, use, modification, or disclosure.” (Civ. Code, §§ 1798.90.53, subds. (a)-(b); 1798.90.51, subd. (a)-(b);)
Agencies should carefully examine their policies and procedures to determine whether they are an ALPR operator and/or end-user, as defined above, and whether they have complied with the obligations of operators and end-users as set forth in SB 34.
Prohibition on the Sale, Sharing, or Transfer of ALPR Information
Regardless of whether an LEA is an ALPR operator or ALPR end-user, SB 34 prohibits any public agency from selling, sharing, or transferring ALPR information “except to another public agency, and only as otherwise permitted by law.” (Civ. Code, § 1798.90.55, subd. (b).) Data hosting or towing services are not considered the sale, sharing, or transferring of ALPR information. (Ibid.)
Importantly, the definition of “public agency” is limited to state or local agencies, including law enforcement agencies, and does not include out-of-state or federal law enforcement agencies. (See Civ. 08/26/2025
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Code, § 1798.90.5, subd. (f).) Accordingly, SB 34 does not permit California LEAs to share ALPR information with private entities or out-of-state or federal agencies, including out-of-state and federal law enforcement agencies. This prohibition applies to ALPR database(s) that LEAs access through private or public vendors who maintain ALPR information collected from multiple databases and/or public agencies.
California LEAs are encouraged to review their data user agreements to ensure that they comply with SB 34 and do not allow access to agencies other than state and local agencies, or permitted private entities for purposes of data hosting or towing services.
In responding to a Public Records Act request or compulsory process in litigation seeking the production of ALPR information, California LEAs should consider all applicable privileges and exemptions depending on the nature of the request, bearing in mind the command in Civil Code section 1798.90.55, subdivision (b), that an ALPR end-user or operator “shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law.”
Guidance for California LEA ALPR Operators
California LEAs that operate an ALPR system are encouraged to ensure they are in compliance with the following SB 34 requirements:
• Maintain reasonable security procedures and practices to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. (Civ. Code, § 1798.90.51, subd. (a).)
• Implement a usage and privacy policy, which must be available to the public in writing and posted conspicuously on the LEA’s internet website.
o SB 34 contains numerous requirements regarding the content of this policy. (See Civ. Code, § 1798.90.51, subd. (b).) Please see the attached template policy tha t the California
Department of Justice has drafted to assist California LEAs that are operators and/or end- users in complying with SB 34.
•
Do the following, if the ALPR operator accesses or provides access to ALPR information (for example, to other LEAs by permitting access to its ALPR database):
o Maintain a record of that access, including:
The date and time the information is accessed;
The license plate number or other data elements used to query the ALPR system;
The user name of the person who accesses the information and, if applicable, the organization or entity with whom the person is affiliated; and
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The purpose for accessing the information. (Civ. Code, § 1798.90.52, subd. (a).)
o Require that ALPR information only be used for the authorized purposes described in its ALPR privacy policy. (Civ. Code, § 1798.90.52, subd. (b).)
• Comply with the requirement to “provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.” (Civ. Code, § 1798.90.55, subd. (a).)
o This means that agencies that have not yet implemented an ALPR program but are contemplating doing so must provide an opportunity for public comment regarding the proposed program at a regularly scheduled meeting of the agency’s governing body before implementing the program.
o Although the law does not address ALPR programs that were implemented before January 1, 2016 (when SB 34 was enacted), in keeping with the purpose of SB 34, agencies whose programs predate SB 34, LEAs should consider providing an opportunity for public comment on its ALPR program at a regularly scheduled public meeting of the agency’s governing body. o Agencies that implemented an ALPR program after January 1, 2016, without providing an opportunity for public comment, should likewise consider providing such an opportunity at a regularly scheduled meeting of the agency’s governing body.
Guidance for California LEA ALP
R End-Users
LEAs that access or use an ALPR system (which, as defined above, includes a searchable computerized database with information obtained from ALPR cameras) should ensure they are in compliance with the following SB 34 requirements:
• Maintain reasonable security procedures and practices to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. (Civ. Code, § 1798.90.53, subd. (a).)
• Implement a usage and privacy policy, which shall be available to the public in writing and posted conspicuously on the agency’s website. (Civ. Code, § 1798.90.53, subd. (b)(1).)
o SB 34 contains numerous requirements regarding the content of this policy. (See Civ. Code, § 1798.90.53, subd. (b)(2).) Please see the attached template policy that the California Department of Justice has drafted to assist California LEAs that are operators and/or end- users in complying with SB 34.
As a reminder, SB 34 requires California LEAs that operate as either ALPR operators and/or end-users to conspicuously display their ALPR policies on their agency’s website, if they have a website. Inclusion of such a policy in a manual, without noting on the main web page of their agency the existence of and/or link to such a policy, may not satisfy SB 34’s requirement that such policies be “posted conspicuously on that Internet Web site.” (Civ. Code, §§ 1798.90.51, subs. (b)(1), 1798,90.53, subd. (b)(1).)
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Accessing the FBI’s National Cr ime Information Center (NCIC) and CA DOJ License Plate Data
In addition to the requirements in this bulletin related to ALPR data, LEAs may access NCIC and California Department of Justice license plate data files, to be used for law enforcement purposes only, subject to the authorization process and restrictions summarized in Bulletin #23-01-CJIS [Updated California Value’s Act’s Database Guidance].
Additional Reference Materials
Going forward, as your agency utilizes ALPR technology and related file downloads, you are encouraged to regularly review your policies and usage to help ensure all applicable requirements are being adhered to.
As additional reference materials, the following resources are included for your consideration as well:
• California State Auditor’s Report, 2019-118
“ALPRS: To Better Protect Individuals’ Privacy, Law Enforcement Must Increase Its Safeguards for the Data it Collects”
https://www.auditor.ca.gov/reports/2019-118/index.html
• DOJ Information Bulletin, 18-10-CJIS
“California Values Act’s Database Guidance”
https://oag.ca.gov/sites/all/files/agweb/pdfs/info_bulletins/18-10-cjis.pdf
• DOJ Information Bulletin, 23-01-CJIS
“Updated California Value’s Act’s Database Guidance”
https://oag.ca.gov/info-bulletins
For questions about this Information Bulletin, please contact Division of Law Enforcement Chief John Marsh at (916) 210-6300.
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