California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 2 - Definitions › Section 770.2 - Definition of Key Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Access"
				  means the ability to do one or more of the following: view, query, add, delete, or
				  retrieve records in a shared gang database depending on the User's level of access
				  to the database.
(b) "Agency" means any
				  law enforcement agency, as defined in Penal Code section
				  186.34(a)(3),
				  only.
(c) "Audit" means the process of
				  objective examination of a shared gang database pertaining to the maintenance of
				  records or designated criminal street gangs, or the objective examination of a
				  sample of randomly-selected records or designated criminal street gangs to determine
				  whether the shared gang database is in compliance with these regulations.
(d) "Contact" between a law enforcement officer
				  and a potential Gang Member or Associate means any lawful observation of a person by
				  a law enforcement officer or any lawful interaction between a person and a law
				  enforcement officer.
(e) "Department"
				  means the California Department of Justice.
(f) "Dissemination" means the sharing of criminal
				  intelligence among law enforcement authorities in any Agency or Agencies on a need
				  to know and a right to know basis.
(g)
				  "Gang Member or Associate" means a person who satisfies the requirements to be
				  designated in a shared gang database set forth in subdivision (c) of section
				  771.6.
(h) "Juvenile" means a person between the ages of
				  13 through 17.
(i) "Need to know" means
				  a state of facts that supports the legitimacy of access to specific intelligence by
				  a person or an Agency with a right to know. The need to know shall be pertinent to
				  and necessary to the performance of a specific law enforcement activity.
(j) "Non-User" means a person or an Agency that
				  does not have access to a shared gang database.
(k) "Offense consistent with gang activity" means
				  those offenses that are listed in subdivision (a) or (e) of Penal Code section
				  186.22, Penal Code
				  section
				  186.26, or Penal
				  Code section
				  186.28, or other
				  offense that is a felony, and where there is reasonable suspicion to believe that
				  the offense was committed for the benefit of, at the direction of, or in association
				  with any criminal street gang, with the specific intent to promote, further, or
				  assist in any criminal conduct by gang members.
(l) "Organization" means an organization,
				  association, or group of people.
(m)
				  "Outreach worker" means a person who would reasonably be able to demonstrate they
				  are employed by, or have a paid or unpaid internship with, an agency or non-profit
				  organization that provides one or more gang prevention, intervention, or a community
				  outreach programs.
(n) "Publish" means
				  to upload, share, post, or repost on the internet including, but not limited to,
				  through a social media account.
(o)
				  "Purge" means the elimination of any record or designated criminal street gang from
				  a shared gang database and any printed form of the record or designated criminal
				  street gang when it is no longer in compliance with these regulations.
(p) "Reasonable suspicion" means that state of
				  known information which establishes sufficient facts to give a trained law
				  enforcement or criminal investigative agency officer, investigator, or employee a
				  basis to believe that there is a reasonable possibility that a person or an
				  organization is involved in a definable criminal activity or enterprise.
(q) "Record" means information contained in a
				  shared gang database that pertains to a Gang Member or Associate within a designated
				  criminal street gang.
(r) "Reliable
				  source" means someone who provides information that the officer reasonably believes
				  is sufficiently reliable based on the totality of circumstances that may include,
				  but is not limited to, the following factors:
(1)
				  basis of knowledge;
(2) past or present
				  indications of veracity; and
(3) past or
				  present indications of reliability.