reglab/statecodes huggingface dataset:
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 750.2 - Purpose of the Calgang Database

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  objective of the CalGang database is to provide law enforcement agencies with an
				  accurate, timely, and electronically-generated database of statewide gang-related
				  intelligence information.
(b) All
				  records and information contained in the CalGang database are confidential and are
				  for the use of law enforcement agencies, as defined in Penal Code section
				  186.34(a)(3),
				  only.
(c) The CalGang database shall be
				  used as a means of identifying the Node Agencies or User Agencies that supplied the
				  information in the CalGang database. Information from the CalGang database shall not
				  be accessed or used for any reason other than criminal investigative purposes, as
				  permitted under this chapter, and shall not be used for the purposes of documenting
				  immigration status or any other unlawful purpose. Any memorandum of understanding
				  adopted pursuant to section
				  750.6 or
				  750.8 of this chapter shall include an
				  agreement by the Agency to comply with such restrictions and all other requirements
				  of these regulations.
(d) The mere fact
				  of a person's designation in the CalGang database, by itself, shall not be used to:
				  justify searching, detaining, or arresting any person; or support issuance of, or
				  application for, a subpoena, warrant, or similar instrument in a criminal
				  proceeding.
(e) These regulations shall
				  not be interpreted as authorizing the use of a person's designation in the CalGang
				  database as evidence of crime, or as probative of any other matter, in any phase of
				  a criminal proceeding, including sentencing.
1. New article 2
					 (sections 750.2-750.4) and section filed
					 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Sections
						186.34,
						186.35 and
						186.36, Penal
						Code.
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 3 - Access to the Calgang Database, Admission, and Dissemination of Intelligence › Section 750.6 - Access to the Calgang Database

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Access to
				  the CalGang database is not automatically granted to all employees of a Node Agency
				  or User Agency; rather, access shall be limited to employees meeting the definition
				  of User.
(1) Only the Department may grant access
				  to the CalGang database to a User from an out-of-state agency or a federal
				  agency.
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 3 - Access to the Calgang Database, Admission, and Dissemination of Intelligence › Section 750.8 - The Node Administrator's Role and Admission as a Node Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Node Agency is
				  responsible for maintaining operational control and system supervision over its
				  Node. A Node Agency shall protect the system and data integrity by ensuring that all
				  User Agencies and Users in its Node adhere to these regulations and any applicable
				  federal, state, or local laws, policies, or ordinances related to the CalGang
				  database.
(b) A written request that is
				  submitted by an Agency that is interested in becoming a Node Agency shall be
				  reviewed by the Department. When the Department makes a determination in response to
				  such a request, the Department shall consider the following factors:
(1) The ability of the Agency to serve in a
				  leadership role in organizing and coordinating information collection activities of
				  the agencies within a region to be served by a new Node.
(2) The geographic area to be covered.
(3) The ability of the requesting Agency to
				  provide technical support to maintain the Node Agency.
(4) The ability of the requesting Agency to pay
				  the costs associated with becoming a Node Agency, including recruitment, training of
				  Users, sufficient staff to manage the Node, and travel expenses for participation in
				  CGNAC meetings.
(5) Whether the
				  appointed Node Administrator of the Node Agency, or the Node Administrator's
				  Designee, are able to participate in the CGNAC, which includes attending all
				  meetings and participating in audits.
(A) Access to
				  the Node shall be suspended or revoked if a Node Administrator or Node
				  Administrator's Designee does not attend at least one CGNAC meeting per calendar
				  year.
(B) Node Administrators from
				  out-of-state agencies or federal agencies may opt out of participating in CGNAC
				  audits.
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 3 - Access to the Calgang Database, Admission, and Dissemination of Intelligence › Section 751 - Calgang Database User Terms and Account Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A User may search for information contained in
				  the CalGang database by conducting a query. The User shall document the reason for
				  their query in the CalGang database before a query may be conducted.
(b) Node Agencies or User Agencies that enter
				  information into the CalGang database are responsible for ensuring compliance with
				  these regulations. All queries and entries in the CalGang database create a detailed
				  activity log which the Department may audit at any time. If upon reviewing this log,
				  the Department determines that any queries were conducted or entries were made in
				  violation of these regulations, the Department shall take action pursuant to section
				  757.4.
(c) Each User Agency shall identify at least one
				  person as the point of contact and report the point of contact to its Node
				  Administrator and the Department.
(1) The point of
				  contact shall help facilitate training requests, retrieval of source documents, and
				  any updates or changes to the CalGang database.
(2) Any time a User Agency changes its point of
				  contact, it shall notify its Node Administrator. The Node Administrator shall notify
				  the Department within 30 calendar days from the date it received notice from the
				  User Agency to report the new contact information.
(3) Node Administrators shall not delegate account
				  creation to a point of contact.
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 3 - Access to the Calgang Database, Admission, and Dissemination of Intelligence › Section 751.2 - Specific Policies and Procedures Set by Node Agencies and User Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Node Agencies and User Agencies may establish
				  more restrictive policies and procedures than those set forth by these regulations
				  as long as they relate to User access, use of the CalGang database, or the entry of
				  information into the CalGang database.
(1) A Node
				  Agency shall not impose more restrictive policies and procedures on a User Agency
				  without the consent of the User Agency.
(2) A Node Agency that imposes more restrictive
				  policies and procedures on a User Agency with its consent shall notify the
				  Department in writing before those policies and procedures are implemented to obtain
				  the Department's approval.
(3) If a User
				  Agency imposes more restrictive policies and procedures on itself, it shall provide
				  a written notice to its Node Administrator and the Department describing the
				  restrictions.
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 4 - Training, Exam, and Requirements to be an Instructor › Section 751.8 - Initial Exam Information and Recertification Exam

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Once instruction is completed, upon logging
				  into the CalGang database, all Users shall take an initial certification exam on the
				  curriculum described in subdivision (b) of section
				  751.6.
(b) Every 12 months after the date of initial
				  certification or recertification, all Users shall take a recertification exam. The
				  CalGang database will prompt a User to take the recertification exam upon login once
				  the User's certification has expired.
(c) Upon completing an initial certification or
				  recertification exam, the User will be notified immediately as to whether the User
				  passed or failed the exam. The exam, results, and forms shall be stored within the
				  CalGang database and shall be viewable only to the Node Administrators, IT
				  contractors, and the Department.
(d) The
				  Node Administrator shall allow a User no more than three opportunities to retake the
				  exam. If the User fails to pass the exam after three opportunities, the User's
				  access shall be suspended. Once the User's access is suspended, the User shall
				  contact the Node Administrator to complete refresher training. The Node
				  Administrator shall evaluate which content the User struggled with or performed
				  inadequately on during the initial exam or recertification exam and include that
				  content in the refresher training. The Node Administrator shall restore access once
				  the User completes the refresher training and passes the recertification
				  exam.
1. New section
					 filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Section
						186.36, Penal
						Code.
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 4 - Training, Exam, and Requirements to be an Instructor › Section 752 - Requirements to Become a Certified Instructor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person shall meet all of the following
				  minimum qualifications to become a certified instructor of User training:
(1) The person has graduated from the training
				  outlined in subdivision (b) of section
				  751.6.
(2) The person has User experience and
				  demonstrated proficiency with the CalGang database.
(3) The person has never been suspended from
				  using, or had their access revoked for misuse of, a shared gang database or the
				  CalGang database.
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 5 - Designating a Person in the Calgang Database and Adding Information to a Person's Record › Section 752.2 - Minimum Age of Entry and Requirements to Enter a Person into the Calgang Database

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No persons under the
				  age of 13 shall be entered into the CalGang database.
(b) A person shall not be designated as a Gang
				  Member or Associate without the law enforcement agency having reasonable suspicion
				  that the person actively participates in a criminal street gang with knowledge that
				  its members engage in, or have engaged in, a pattern of criminal gang activity, or
				  the person willfully promotes, furthers, or assists in any felonious criminal
				  conduct by members of that gang. The law enforcement officer shall document the
				  specific information that serves as the basis for the reasonable suspicion based on
				  the criteria in section
				  752.4. Satisfaction of criteria
				  required by section
				  752.4 shall not, in and of itself,
				  satisfy the reasonable suspicion requirement. Reasonable suspicion shall be based on
				  the totality of circumstances, but considering only the information documented by
				  the law enforcement officer(s) to demonstrate the satisfaction of each criterion and
				  any other legally obtained information that supports or undermines the existence of
				  each criterion.
(c) Subject to
				  subdivisions (a), (b), and (d), a person may be only entered into the CalGang
				  database and designated as a Gang Member or Associate when at least two unique
				  criteria listed in subdivision (a) of section
				  752.4 are found to exist through
				  investigation by a trained law enforcement officer, provided that the criminal
				  street gang's existence has been, or is concurrently, documented in the database.
(1) When subdivisions (a)(6) and (a)(7) of section
				  752.4 are used together, then at least
				  one additional unique criterion from section
				  752.4 shall be satisfied for the person
				  to be entered into the CalGang database and designated as a Gang Member or
				  Associate.
(2) For purposes of
				  subdivision (c), the satisfaction of the required number of criteria shall occur
				  within a one-year period.
(3) A User may
				  utilize an optional feature in the CalGang database to indicate whether the law
				  enforcement officer suspects that the designated person is a non-member gang
				  associate. Nothing in this clause modifies the conditions of designation in Article
				  5, the required contents of any notice under Article 7, or the required contents of
				  any Agency response under Article 8.
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 5 - Designating a Person in the Calgang Database and Adding Information to a Person's Record › Section 752.4 - Criteria to be Designated as a Gang Member or Associate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The criteria to designate a person as a Gang
				  Member or Associate in the CalGang database are:
(1) The person has admitted to being an active
				  member or associate of an active criminal street gang under circumstances that do
				  not undercut truthfulness. The law enforcement officer shall document the relevant
				  circumstances of the admission including, but not limited to: the wording of the
				  admission; the location of the contact; the person(s) present during the
				  conversation; and whether the person was arrested during the contact for violating
				  subdivision (f) of Penal Code section
				  647 or subdivision
				  (a) of Health and Safety Code section
				  11550.
(A) This criterion shall not be satisfied unless
				  the law enforcement officer reasonably believes that the person was able to provide
				  a voluntary and competent admission.
(B)
				  This criterion shall not be satisfied if the person admits to only being from a
				  neighborhood rather than a specific criminal street gang.
(C) This criterion shall not be satisfied solely
				  by posts on social media unless there is strong indicia of
				  reliability.
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 5 - Designating a Person in the Calgang Database and Adding Information to a Person's Record › Section 752.6 - Adding Information to a Person's Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After a person has been designated as a Gang Member or Associate in the CalGang
				  database, a User may add legally obtained information to that record, including, but
				  not limited to, information regarding the satisfaction of a criterion that occurred
				  prior to, or after, entry in the CalGang database.
(b) Additional information may only be entered
				  into the CalGang database after it undergoes the supervisory review process set
				  forth in section
				  752.8.
(c) Additional information shall not affect the
				  retention period of records unless required by section
				  754.4 or
				  754.6.
1. New section
					 filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Section
						186.36, Penal
						Code.
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 5 - Designating a Person in the Calgang Database and Adding Information to a Person's Record › Section 752.8 - Supervisory Review Process of Intelligence Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No entry shall be made in the CalGang database
				  unless all related intelligence data is first meaningfully reviewed and approved by
				  the appropriate supervisory classification pertinent to the organizational structure
				  of the Node Agency or User Agency. In addition to the first-level supervisor, the
				  Department encourages entries to be reviewed and approved by the gang unit
				  lieutenant, or equivalent, whenever possible.
(b) The supervisory review shall determine whether
				  the proposed entry and underlying documentation complies with these regulations,
				  including, but not limited to, whether the reasonable suspicion requirement was
				  satisfied and whether any intelligence data was obtained in violation of any
				  applicable federal, state, or local law, policy, or ordinance. Any intelligence data
				  obtained in violation of any applicable federal, state, or local law, policy, or
				  ordinance shall not be entered into the CalGang database.
(1) When intelligence data is being reviewed for a
				  person to be designated as a Gang Member or Associate, the supervisory review shall
				  also determine whether the minimum age and entry requirements set forth in section
				  752.2 have been satisfied.
(2) The supervisor may review additional legally
				  obtained information and/or supporting documentation to add to the person's record
				  in the CalGang database.
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 6 - Designating an Organization as a Criminal Street Gang in the Calgang Database and Adding Information to a Designated Criminal Street Gang › Section 753 - Requirements to Designate an Organization as a Criminal Street Gang

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An organization may
				  be designated as a criminal street gang and entered into the CalGang database as
				  such only if it meets all of the following:
(1)
				  The Node Agency or User Agency has reasonable suspicion for making the designation.
				  The Node Agency or User Agency shall document the basis of the reasonable
				  suspicion.
(2) The organization
				  comprises three or more persons who meet the requirements to be designated as a Gang
				  Member or Associate pursuant to subdivision (c) of section
				  752.2. The User Agency shall notify the
				  Node Administrator of the organization and request that the organization be
				  designated as a criminal street gang in the CalGang database. If the Node
				  Administrator approves the request, the User Agency shall create records in the
				  CalGang database for each Gang Member or Associate who belongs to the criminal
				  street gang.
(3) The organization has a
				  common sign, symbol, and/or name. The Node Agency or User Agency shall document the
				  specific sign, symbol, and/or name that is tied to the organization and explain why
				  it is interpreted as belonging to the proposed criminal street gang.
(4) The organization or its members collectively
				  or individually engage in or have engaged in a pattern of definable criminal
				  activity. The Node Agency or User Agency shall identify the type(s) of crime(s) that
				  the Node Agency or User Agency believes were committed and if the members of the
				  organization have collectively or individually been arrested for any offense(s)
				  consistent with gang activity and include that as a part of the
				  documentation.
(5) One of the primary
				  activities of the organization is the commission of crimes enumerated in paragraphs
				  (1) to (25), inclusive, and paragraphs (31) to (33), inclusive, of subdivision (e)
				  of Penal Code section
				  186.22. The Node
				  Agency or User Agency shall identify which of the aforementioned crimes the Node
				  Agency or User Agency believes were committed and if members of the organization
				  have collectively or individually been arrested for one or more of the
				  aforementioned crimes and include that as a part of the
				  documentation.
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 6 - Designating an Organization as a Criminal Street Gang in the Calgang Database and Adding Information to a Designated Criminal Street Gang › Section 753.2 - Adding Information to a Designated Criminal Street Gang

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After an organization has been designated as a
				  criminal street gang in the CalGang database, a User may add legally obtained
				  information to that designated criminal street gang, including, but not limited to:
				  known gang addresses; associated cliques; history of the gang; common signs,
				  symbols, and/or names; and criminal predicate crimes.
(b) Additional information may only be entered
				  into the CalGang database after the supervisory review process set forth in section
				  753.4 is conducted.
1. New section
					 filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Section
						186.36, Penal
						Code.
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 6 - Designating an Organization as a Criminal Street Gang in the Calgang Database and Adding Information to a Designated Criminal Street Gang › Section 753.4 - Supervisory Review Process of Criminal Street Gang Intelligence Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No entry shall be made in the CalGang database
				  unless all related criminal street gang intelligence data is first meaningfully
				  reviewed and approved by the appropriate supervisory classification pertinent to the
				  organizational structure of the Node Agency or User Agency. In addition to the
				  first-level supervisor, the Department encourages entries to be reviewed and
				  approved by the gang unit lieutenant, or equivalent, whenever possible.
(b) The supervisory review shall determine whether
				  the proposed entry and underlying documentation complies with these regulations,
				  including, but not limited to, whether the reasonable suspicion requirement was
				  satisfied and whether any criminal street gang intelligence data was obtained in
				  violation of any applicable federal, state, or local law, policy, or ordinance. Any
				  intelligence data obtained in violation of any applicable federal, state, or local
				  law, policy, or ordinance shall not be entered into the CalGang database.
(1) When criminal street gang intelligence data is
				  being reviewed for an organization to be designated as a criminal street gang, the
				  supervisory review shall also determine whether the requirements set forth in
				  section 753 have been satisfied.
(2) The supervisor may review additional legally
				  obtained information and/or supporting documentation to add to the designated
				  criminal street gang in the CalGang database.
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 7 - Notice of Inclusion in the Calgang Database › Section 753.6 - Notifying a Person of Inclusion in the Calgang Database

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to subdivision (c) of Penal Code
				  section
				  186.34, a person,
				  and at least one parent or guardian of the person if the person is a juvenile, shall
				  be notified of the person's inclusion in the CalGang database in writing prior to
				  the person being entered into the CalGang database.
(b) Any such notice shall, at the discretion of
				  the Node Agency or User Agency delivering the notice, be delivered only: in person
				  at the time of contact or to the physical address provided by the person at the time
				  of contact; or by mail to the physical address provided by the person at the time of
				  contact or a physical address that the Node Agency or User Agency discovered by
				  utilizing other means that are accessible to the Node Agency or User Agency,
				  provided that such access is permitted by law. An Agency shall not require a person
				  to appear in person at the Agency to retrieve their notice of inclusion. A law
				  enforcement officer will presume that a juvenile resides with at least one parent or
				  guardian, and that the physical address provided by the juvenile at the time of
				  contact is the correct physical address for at least one parent or guardian.
(1) Each time a law enforcement officer makes
				  contact with a juvenile and suspects that the juvenile will be designated as a Gang
				  Member or Associate in the CalGang database, at the time of contact, the law
				  enforcement officer shall confirm whether the juvenile lives with a parent or a
				  guardian at the physical address provided by the juvenile. If the juvenile does not
				  live with a parent or guardian, the law enforcement officer shall request the
				  physical address of such parent or guardian for the purposes of satisfying the
				  notice requirements set forth by subdivision (c) of Penal Code section
				  186.34.
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 8 - Information Requests, an Agency's Response to Information Requests, and an Agency's Response to a Request for Removal › Section 753.8 - Information Requests and Verifying the Identity of the Requesting Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each Agency may develop a verification of
				  identity form that the Agency may use to determine whether the information request
				  pursuant to subdivision (d)(1) of Penal Code section
				  186.34 is made by an
				  authorized person.
(1) An attorney may send an
				  information request to an Agency on behalf of a client who the attorney is
				  representing. The Agency shall verify that the attorney is representing the person
				  for whom information is being requested and that the attorney is licensed to
				  practice by verifying the attorney's state bar number.
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 8 - Information Requests, an Agency's Response to Information Requests, and an Agency's Response to a Request for Removal › Section 754.2 - An Agency's Response to a Request for Removal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Agency shall respond to a request for
				  removal by a person in accordance with subdivision (e) of Penal Code section
				  186.34. Even after a
				  request for removal has been deemed denied upon expiration of the thirtieth day
				  following the request, an Agency may, but is not required to, deliver a notice of
				  denial and the reason for the denial.
(b) Notwithstanding the foregoing, if responding
				  to a request for removal from a juvenile, or a parent or guardian of the juvenile,
				  would compromise an active criminal investigation or the health or safety of the
				  juvenile, the Agency that received the request is not required to provide a
				  response.
(1) If an Agency does not respond to a
				  request for removal pursuant to subdivision (b), it shall nonetheless prepare the
				  response as described in subdivision (a), and document a summary of reasons why a
				  response was not sent and the date when this determination was made, and it shall
				  maintain this documentation until the record pertaining to that person is purged
				  from the CalGang database. This documentation shall be captured in the CalGang
				  database. Nothing in this subdivision restricts the release of a response under
				  court order or for an in-camera review by a court. Nothing in this section requires
				  a local law enforcement agency to disclose any information protected under section
				  1040 or
				  1041 of the
				  Evidence Code or Title 1, Division 10, Parts 2, 5, and 6 of the Government
				  Code.
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 9 - Retention Periods › Section 754.4 - Retention Period for Adult Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  record of a person who is 18 years of age or older shall be retained in the CalGang
				  database for five years, and upon termination of the retention period, the record
				  shall be automatically purged from the database.
(b) If a minimum of two additional criteria is
				  added to a person's record in the CalGang database pursuant to section
				  752.2 and the reasonable suspicion
				  requirement set forth in subdivision (b) of section
				  752.2 remains satisfied, the five-year
				  retention period will be reset to begin on the date the second criterion is
				  satisfied.
(1) These two additional criteria shall
				  be different from each other but do not need to differ from those that were
				  satisfied for the initial designation of the person in the CalGang
				  database.
(2) The satisfaction of these
				  two additional criteria shall occur within a one-year period.
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 9 - Retention Periods › Section 754.6 - Retention Period for Juvenile Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  juvenile's record shall be retained in the CalGang database for three years, and
				  upon termination of the retention period, the record shall be automatically purged
				  from the database.
(b) If a minimum of
				  two additional criteria is added to a person's record in the CalGang database
				  pursuant to section
				  752.2 and the reasonable suspicion
				  requirement set forth in subdivision (b) of section
				  752.2 remains satisfied, the three-year
				  retention period will be reset to begin on the date the second criterion is
				  satisfied.
(1) These two additional criteria shall
				  be different from each other but do not need to differ from those that were
				  satisfied for the initial designation of the person in the CalGang
				  database.
(2) The satisfaction of these
				  two additional criteria shall occur within a one-year period.
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 9 - Retention Periods › Section 754.8 - Retention Period for Notice of Inclusion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Node Agency or User Agency shall maintain copies of each
					 notification to a recipient that was issued pursuant to subdivision (c) of Penal
					 Code section
					 186.34, and the
					 related documentation required under section
					 753.6, for the length of time a record
					 about the person to whom the notice pertains is in the CalGang
					 database.
1. New section
					 filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Sections
						186.34 and
						186.36, Penal
						Code.
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 9 - Retention Periods › Section 755 - Retention Period for Information Requests and Responses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Agency shall maintain copies of all information requests
					 under subdivision (d)(1) of Penal Code section
					 186.34 and responses
					 for the length of time a record about the person to whom the information request
					 pertains is in the CalGang database.
1. New section
					 filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Sections
						186.34 and
						186.36, Penal
						Code.
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 9 - Retention Periods › Section 755.2 - Retention Period for Source Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  Node Agency or User Agency that enters information into the CalGang database shall
				  maintain the source documents supporting the entry. The source documents shall be
				  retained for the same period as the CalGang database record they support.
(b) At any time source documents are found to be
				  missing or incomplete to adequately support a criterion, the Node Agency or User
				  Agency shall remove the unsupported criterion.
(1)
				  Removal shall be conducted within 30 calendar days from the date the Node Agency or
				  User Agency discovered that the source documents were missing or
				  incomplete.
(2) If a record in the
				  CalGang database contains both adequate and inadequate source documents, the record
				  shall remain in the database on the basis of the adequate source documents if there
				  is enough information present to satisfy the criteria requirements pursuant to
				  section 752.2.
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 9 - Retention Periods › Section 755.3 - Retention Period for Written Attestations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Node Agency or User Agency shall maintain a
				  written attestation made pursuant to subdivision (c) of section
				  752.8 or
				  753.4 for the same period as the
				  CalGang database record or designated criminal street gang it supports.
1. New section
					 filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Section
						186.36, Penal
						Code.
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 10 - Audits › Section 755.4 - A Node Agency or User Agency's Discretion to Perform Self-Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At its discretion, a
				  Node Agency or User Agency may audit its own records and shall report the results to
				  the Department in writing within 30 calendar days of the date each audit is
				  concluded.
(b) A Node Agency or User
				  Agency that created a record or entered subsequent criteria for a person in the
				  CalGang database shall delete the entry or entries it created if:
(1) During self-auditing the Node Agency or User
				  Agency finds that the supporting documents are missing or incomplete.
(2) The Node Agency or User Agency finds that the
				  record is not in compliance with these regulations.
(3) Intelligence was obtained in violation of
				  applicable federal, state, or local law, policy, or ordinance.
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 10 - Audits › Section 755.6 - Peer Audits of Records in the Calgang Database

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least three times per calendar year, Node
				  Administrators shall conduct Peer Audits on a sample of randomly selected records
				  from within their Node. Peer Audit assignments shall be randomly assigned by the
				  Department and shall be completed within 60 calendar days from the date they are
				  assigned. Upon completion of the Peer Audit assignments, Node Administrators shall
				  provide the audit(s) and corresponding results of the audit(s) to the Department.
				  Any record or criterion found to be out of compliance with Article 5 or 9 shall be
				  purged from the CalGang database within 30 calendar days of the completion of the
				  audit unless the record or criterion was entered prior to the effective date of
				  these regulations and were in compliance with entry requirements at the time of
				  entry.
(b) Peer Audits of CalGang
				  records created prior to the effective date of these regulations shall ensure that:
(1) Each record has a minimum of two criteria that
				  are adequately supported by source documents.
(2) The scheduled purge date is not more than five
				  years from the date of the satisfaction of the most recent criterion, unless the
				  retention period was reset pursuant to section
				  754.4 or
				  754.6.
(A) If the retention period has been reset
				  pursuant to section
				  754.4 or
				  754.6 after the effective date of these
				  regulations, the record shall be audited using the requirements set forth in
				  subdivision (c).
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 10 - Audits › Section 755.8 - Audits of Designated Criminal Street Gangs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least once every three years from the date
				  a criminal street gang was designated in the CalGang database or from the last time
				  an audit was conducted by the Department, a Node Agency, or a User Agency, a
				  supervisor at each Node Agency and User Agency shall complete an audit of that
				  criminal street gang designated in the CalGang database. Within 30 calendar days of
				  completion of the audit, the Node Agency or User Agency shall complete, sign, and
				  submit a CalGang Gang Audit form CJIS 9005 (rev. January 2022), incorporated by
				  reference herein, to the Department documenting the results of each audit and the
				  date each designated criminal street gang was audited.
(b) Audits of a designated criminal street gang
				  shall ensure that:
(1) Reasonable suspicion was
				  present at the time of the criminal street gang's initial designation if the
				  criminal street gang was designated in the CalGang database on or after the
				  effective date of these regulations.
(2)
				  The organization satisfies the requirements to be designated as a criminal street
				  gang as set forth in section
				  753 if the criminal street gang was
				  designated in the CalGang database on or after the effective date of these
				  regulations.
(3) Sufficient reasonable
				  suspicion exists for the criminal street gang to continue being designated as such
				  in the CalGang database.
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 10 - Audits › Section 756 - The Department's Authority to Audit Node Agencies and User Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may audit any record of each Node Agency or User
					 Agency pursuant to Penal Code section
					 186.36 to ensure the
					 accuracy, reliability, and proper use of the CalGang database. Each Node Agency or
					 User Agency shall provide all information and documents requested by the Department.
					 A Node Agency or User Agency shall grant the Department access to its facilities to
					 inspect and audit any record.
1. New section
					 filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Section
						186.36, Penal
						Code.
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 10 - Audits › Section 756.1 - Written Attestation by a Node Agency or User Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Attestation Required by the Department. In
				  connection with, or in lieu of, auditing the records or criminal street gang
				  designations of a particular Node Agency or User Agency, the Department may require
				  the Node Agency or User Agency to review any or all of its entries in the CalGang
				  database and provide a written attestation by the head of the Node Agency or User
				  Agency. For entries made prior to the effective date of these regulations, the
				  written attestation shall state that the entries are supported by reasonable
				  suspicion as required by Part 23 of Title 28 of the Code of Federal Regulations. For
				  entries made after the effective date of these regulations, the written attestation
				  shall state that the entries comply with these regulations. The Node Agency or User
				  Agency shall provide to the Department the written attestation required by this
				  section upon request of the Department and within the time period set by the
				  Department.
(b) Annual Attestation.
				  Prior to January 1 of each calendar year, Node Agencies and User Agencies shall
				  provide to the Department a written attestation from the head of the Node Agency or
				  User Agency that its entries in the CalGang database made during the immediately
				  preceding reporting period, October 1st - September
				  30th, comply with these regulations.
1. New section
					 filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
2. Amendment of
					 subsection (b) filed 8-18-2022; operative 8-18-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 33).
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Section
						186.36, Penal
						Code.