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 4 - Training, Exam, and Requirements to be an Instructor › Section 771 - User Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) User
				  training shall only be conducted by the System Administrator, the System
				  Administrator's Designee, or an instructor certified by the System Administrator or
				  the System Administrator's Designee. Requirements to become a certified instructor
				  are set forth in section
				  771.4.
(b) At a minimum, instruction from the System
				  Administrator, the System Administrator's Designee, or a certified instructor shall
				  address the following:
(1) The definitions in
				  section 770.2 and Penal Code section
				  186.34, with special
				  emphasis on the definitions of "contact," "criminal street gang," "Gang Member or
				  Associate," "reasonable suspicion," "system misuse," and "unauthorized
				  access."
(2) The minimum number of
				  criteria in section
				  771.8 that is required to enter a
				  person as a Gang Member or Associate into a shared gang database as described in
				  section 771.6, a comprehensive description of
				  each criterion, the limitations and restrictions applicable to each criterion, and
				  the documentation required to use each criterion.
(3) The applicable federal, state, and local laws,
				  policies, and ordinances governing the gathering of criminal intelligence
				  information by law enforcement agencies, including an overview of title 28 of the
				  Code of Federal Regulations and its relevance to shared gang databases, Government
				  Code section
				  70615, and
				  Penal Code sections
				  186.34,
				  186.35 and
				  186.36.
(4) The physical, administrative, and technical
				  system, hardware and software requirements and data dissemination restrictions
				  directly applicable to Users that prevent unauthorized access to a shared gang
				  database and protect the privacy of persons designated in a shared gang database,
				  including user identification and password policies, and the requirements of section
				  776.
(5) Practical, hands-on system usage, including
				  instruction on how to enter and view information in the shared gang
				  database.
(6) Best practices for
				  mitigating the entry and dissemination of false or incorrect information into or
				  from a shared gang database, including the performance of self-audits, as described
				  in section 774.8, and the supervisory review
				  requirements in sections
				  772.2 and
				  772.8.
(7) How to provide notice pursuant to subdivision
				  (c) of Penal Code section
				  186.34 and Article
				  7, how to respond to information requests pursuant to subdivision (d) of Penal Code
				  section
				  186.34 and Article
				  8, and how to respond to requests for removal pursuant to subdivision (e) of Penal
				  Code section
				  186.34 and section
				  773.6.
(8) Description of the retention periods
				  applicable to adult and juvenile persons designated in a shared gang database and
				  the retention periods for records related to the shared gang database, all as
				  described in Article 9.
(9) The
				  applicable penalties for system misuse, as described in section
				  776.6, and the factors used by the
				  Department and the System Administrator in penalty determinations.
(10) The impact of releasing data for unauthorized
				  purposes, including, but not limited to, how the unauthorized release of data may
				  affect immigration proceedings and employment, housing, or military
				  screening.
(11) The potential positive
				  and negative impacts of collecting data on suspected gang members and associates, on
				  communities impacted by criminal street gangs, and on persons designated in a shared
				  gang database.
(12) Implicit bias in
				  policing, taking into account an agency's existing training on that topic.
(13) How to share information from a shared gang
				  database through a proxy query request, pursuant to section
				  770.8.