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 8 - Information Requests and Responses Pertaining to a Shared Gang Database › Section 773.4 - An Agency's Response to an Information Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an Agency receives an information request
				  concerning a person who has a record in the shared gang database, the responding
				  Agency shall contact each User Agency that has created an entry to ensure that the
				  dissemination of the requested information does not compromise an active criminal
				  investigation or the health or safety of a juvenile who has been designated as a
				  Gang Member or Associate in the shared gang database.
(b) An Agency's response to an information request
				  pursuant to subdivision (d)(1) of Penal Code section
				  186.34 shall be
				  communicated in writing and shall include:
(1)
				  Verification that the request was received and the date of its receipt.
(2) Whether the person is designated as a Gang
				  Member or Associate in the shared gang database.
(3) If the Agency originated the person's
				  designation or added to the person's record in the shared gang database, the
				  criteria supporting the person's designation as a Gang Member or Associate in the
				  shared gang database, the basis for the designation, and information about any
				  source documents in the possession of the Agency related to the person's inclusion
				  in the shared gang database. For each source document in the possession of the
				  Agency, the Agency shall include, to the extent possible, the format and date of the
				  source document, including whether the source document is body camera footage, an
				  audio recording, or other video recording, and a brief description of how the source
				  document supports any criteria.
(4) If
				  the Agency originated the person's designation or added to the person's record in
				  the shared gang database, to the extent possible, the date(s), time(s), and
				  location(s) of the contacts or observations on which the criteria for designation
				  were satisfied.
(5) A description of the
				  process to contest a designation, including the name of the User Agency to
				  contact.
(6) A reference to Penal Code
				  section
				  186.35 regarding the
				  person's right to petition the court to review the designation.
(7) The name of the criminal street gang that the
				  person is connected to in the database.
(8) An Agency that operates a gang intervention or
				  outreach service shall include the contact information for that service whenever a
				  response to an information request pertains to the designation of a
				  juvenile.
(9) The following statement:
(A) A shared gang database, and your designation
				  in a shared gang database, is for law enforcement intelligence purposes only. The
				  laws governing shared gang databases do not compel you to report your designation in
				  a shared gang database to any government official or entity for any
				  purpose.