California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.5 - Department of Justice Regulations for the Fair and Accurate Governance of the Calgang Database › Article 2 - Purpose of the Calgang Database and Definitions › Section 750.4 - 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 the CalGang 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 the CalGang 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 CalGang database is in compliance with these regulations.
(d) "CGNAC" means the California Gang Node
				  Advisory Committee.
(e) "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.
(f) "Department" means the California Department
				  of Justice.
(g) "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.
(h) "Gang Member or Associate" means a person who
				  satisfies the requirements to be designated in the CalGang database set forth in
				  subdivision (c) of section
				  752.2.
(i) "Juvenile" means a person between the ages of
				  13 through 17.
(j) "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.
(k) "Node" means a geographically located cluster
				  of participating law enforcement agencies with access to the CalGang database that
				  may exist from time to time.
(l) "Node
				  Administrator" means a person who is appointed by the Node Agency to act as the
				  leader of that Node. The Node Administrator is responsible for organizing, training,
				  providing technical support, and coordinating the information collection activities
				  of User Agencies in the Node.
(m) "Node
				  Administrator's Designee" means a person selected by the Node Administrator to act
				  as the Node Administrator when the Node Administrator is not available.
(n) "Node Agency" means the law enforcement agency
				  where a Node Administrator is located.
(o) "Non-User" means a person or an Agency that
				  does not have access to the CalGang database.
(p) "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.
(q) "Organization" means an organization,
				  association, or group of people.
(r)
				  "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 community
				  outreach programs.
(s) "Peer Audit"
				  means an audit of a Node's CalGang database records that is conducted by two Node
				  Administrators, or the Node Administrators' Designees, neither of whom represent the
				  Node Agency or User Agency being audited.
(t) "Publish" means to upload, share, post, or
				  repost on the internet including, but not limited to, through a social media
				  account.
(u) "Purge" means the
				  elimination of any record or designated criminal street gang from the CalGang
				  database and any printed form of the record or designated criminal street gang when
				  it is no longer in compliance with these regulations.
(v) "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.
(w) "Record" means information contained in the
				  CalGang database that pertains to a Gang Member or Associate within a designated
				  criminal street gang and Node.
(x)
				  "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.