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 11 - Information Sharing and Reporting Data to the Department › Section 756.2 - Information Sharing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Release of
				  criminal intelligence information in the CalGang database is on a right to know and
				  need to know basis only. Nothing in this subdivision limits the sharing of
				  information in the CalGang database if permitted by section
				  753.6 or
				  754, or Penal Code section
				  186.34 or
				  186.35.
(1) Criminal intelligence information shall not be
				  made available to researchers outside of the Department's Research Services. The
				  Department's Research Services may use the criminal intelligence for the purposes
				  stated, provided that any material identifying individuals is not transferred,
				  revealed, or used for other than research or statistical activities and reports or
				  publications derived therefrom do not identify specific individuals. The
				  Department's Research Services shall use the criminal intelligence information in
				  the CalGang database for the purposes of:
(A)
				  Conducting empirical research pursuant to subdivisions (
l
)(2) and
				  (
l
)(3) of Penal Code section
				  186.36.
(B) Assisting the Department with audits and data
				  clean-up efforts.
(C) Continuing
				  research to inform the Department's decision-making deliberations and any future
				  regulations pertaining to 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 11 - Information Sharing and Reporting Data to the Department › Section 756.4 - Sharing Information Through Printing and Other Mediums

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Node Administrators shall have printing
				  privileges. Printing privileges may be granted at the discretion of each Node
				  Administrator. Users shall demonstrate a compelling need to export or print database
				  information before print privileges are extended. For example, a User who wants to
				  generate a photo lineup to display to a victim or witness during an active criminal
				  investigation has demonstrated a compelling need.
(b) Node Administrators shall report all Users
				  with printing privileges to the Department in writing at or before each CGNAC
				  meeting.
(c) Each Node Agency or User
				  Agency shall ensure that any printed copies of intelligence and investigation
				  information are afforded security to prevent unauthorized access to or use of the
				  data.
(d) Printed documents that are no
				  longer needed shall be destroyed in a manner consistent with the Agency's
				  confidential destruction process.
(e) A
				  User is prohibited from using any other tool including, but not limited to: taking
				  photographs, screenshots, or using computer or cellular phone applications that
				  would enable a User to copy database information.
(f) If this section is violated, the Department
				  shall take action pursuant to section
				  757.4.
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,
						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 11 - Information Sharing and Reporting Data to the Department › Section 756.6 - Annual Reporting of Data to the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to October 15 of each year, for the
				  period covering the immediately preceding 12 calendar months, Node Agencies and User
				  Agencies shall report to the Department all of the following information:
(1) Each instance the Node Agency or User Agency:
(A) Did not attempt to provide notice pursuant to
				  subdivision (c)(1) of Penal Code section
				  186.34 and Article 7
				  because doing so would have compromised an active criminal investigation.
(B) Did not provide notification to a juvenile, or
				  parent or guardian of a juvenile, pursuant to subdivision (c)(1) of Penal Code
				  section
				  186.34 and Article 7
				  because doing so would have compromised the health or safety of the designated
				  juvenile.
(C) Received an information
				  request pursuant to subdivision (d)(1) of Penal Code section
				  186.34.
(D) Received a request for removal of a record
				  pursuant to subdivision (e) of Penal Code section
				  186.34.
(E) Granted a request for removal of a record
				  pursuant to Penal Code section
				  186.34.
(F) Received service of a petition under Penal
				  Code section
				  186.35 and the
				  disposition of the petition.
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 12 - Equipment Security and Inspection and the Reporting of Missing Equipment › Section 756.8 - Equipment Security and Inspection by the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Measures shall be taken to place terminals and
				  equipment that transmit or receive CalGang database information and any printouts of
				  CalGang database information in an area with physical security that will provide
				  protection from theft, damage, vandalism, or sabotage, and preclude access to and
				  viewing of confidential information by unauthorized persons.
(b) The Department may inspect equipment to ensure
				  that it is in compliance with subdivision (a). A Node Agency or User Agency shall
				  grant the Department access to the Node Agency or User Agency's facilities for this
				  purpose.
1. New article 12
					 (sections 756.8-757) 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: 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 12 - Equipment Security and Inspection and the Reporting of Missing Equipment › Section 757 - Notifying the Node Administrator and the Department of Missing Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A User Agency shall
				  notify its Node Administrator in writing, within one calendar day, of any missing
				  equipment that could potentially compromise the confidentiality and security of the
				  CalGang database.
(b) The Node
				  Administrator shall notify the Department, within one calendar day, upon discovery
				  of any missing equipment that could potentially compromise the confidentiality and
				  security of 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: 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 13 - System Misuse and Enforcement of these Regulations › Section 757.2 - System Misuse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Information
				  on a person or organization shall be excluded from the CalGang database if the
				  information is collected merely on the basis:
(1)
				  Of race, gender, age, or ethnic background.
(2) Of religious or political affiliations or
				  beliefs.
(3) Of personal habits or
				  predilections that do not violate any criminal law or threaten the safety of
				  others.
(4) Of involvement in expressive
				  activity that takes the form of non-violent civil disobedience that amounts, at
				  most, to a misdemeanor offense.
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 13 - System Misuse and Enforcement of these Regulations › Section 757.4 - Enforcement of these Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department is responsible for overseeing system discipline and conformity with these
				  regulations. If a User, User Agency, or Node Agency violates any law governing the
				  CalGang database, including these regulations, the Department shall take, or
				  instruct a Node Administrator to take, one or more of the corrective actions set
				  forth in subdivision (a)(1), and may take any or all of the additional actions set
				  forth in subdivision (a)(2).
(1) Corrective
				  actions:
(A) Notify a supervisor and/or the head
				  of a Node Agency or User Agency.
(B)
				  Suspend access to the CalGang database pending retraining and/or passing a
				  recertification exam.
(C) Subject the
				  Node Agency or User Agency to a moratorium pending a review by the Department that
				  ensures the issue has been adequately addressed.
(D) Conduct additional audits.
(E) Suspend or revoke the access of a Node Agency
				  or User Agency to the CalGang database if a User or Users of the Node Agency or User
				  Agency are found to be misusing the CalGang database or data contained therein on
				  multiple occasions.
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 1 - General › Section 770 - Title and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This
				  Chapter shall be known as the "Department of Justice Regulations for the Fair and
				  Accurate Governance of Shared Gang Databases," and may be cited as such and referred
				  to herein as "these regulations." The provisions of these regulations shall govern
				  the policies and procedures of any shared gang database in the state of California
				  except those excluded by subdivision (b) of Penal Code section
				  186.34. These
				  regulations shall not apply to the CalGang database; that shall be regulated by
				  Chapter 7.5 of the California Code of Regulations, title 11, sections
				  750 to
				  757.4.
(b) All records and information contained in a
				  shared gang database are confidential and are for the use of law enforcement
				  agencies, as defined in Penal Code section
				  186.34(a)(3),
				  only.
(c) A shared gang database shall
				  be used as a means of identifying User Agencies that supplied the information in a
				  shared gang database. Information from a shared gang 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
				  770.4 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 a shared gang 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 a shared gang
				  database as evidence of crime, or as probative of any other matter, in any phase of
				  a criminal proceeding, including sentencing.
1. New chapter
					 7.6 (articles 1-13, sections
					 770-776.6), article 1 (section
					 770) 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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 3 - Access to a Shared Gang Database and Dissemination of Intelligence › Section 770.4 - Access to a Shared Gang Database

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior
				  to creating a new shared gang database, the Agency creating such a database shall
				  notify the Department in writing, and provide contact information for the System
				  Administrator.
(b) Access to a shared
				  gang database is not automatically granted to all employees of a User Agency;
				  rather, access shall be limited to employees meeting the definition of User.
(1) With the approval of the Department, only the
				  System Administrator may grant access to a shared gang 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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 3 - Access to a Shared Gang Database and Dissemination of Intelligence › Section 770.6 - Shared Gang 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
				  a shared gang database by conducting a query. The User shall document the reason for
				  their query in the shared gang database before a query may be conducted.
(b) User Agencies that enter information into a
				  shared gang database are responsible for ensuring compliance with these regulations.
				  All queries and entries in a shared gang database shall create a detailed activity
				  log which the Department or the System Administrator may audit at any time. If upon
				  reviewing this log, the Department determines that any queries were made in
				  violation of these regulations, the Department shall take action pursuant to section
				  776.6.
(c) Each User Agency shall identify at least one
				  person as the point of contact and report the point of contact to its System
				  Administrator.
(1) The point of contact shall help
				  facilitate training requests, retrieval of source documents, and any updates or
				  changes to the shared gang database.
(2)
				  Any time a User Agency changes its point of contact, it shall notify the System
				  Administrator. The System 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) System
				  Administrators shall not delegate account creation to a point of
				  contact.
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 771.2 - Initial Exam Information and Recertification Exam

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Once instruction is completed, all Users shall
				  take an initial certification exam on the curriculum described in subdivision (b) of
				  section 771 in a manner prescribed by the
				  System Administrator or the System Administrator's Designee.
(b) Every 12 months after the date of initial
				  certification or recertification, all Users shall take and pass a recertification
				  exam. The exam and results shall be stored either within the shared gang database or
				  in a physical file maintained by the System Administrator.
(c) The System 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 System Administrator to complete
				  refresher training. The System 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 System
				  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 7.6 - 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 771.4 - 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
				  771.
(2) The person has User experience and
				  demonstrated proficiency with the shared gang 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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 5 - Designating a Person in a Shared Gang Database and Adding Information to a Person's Record › Section 771.6 - Minimum Age of Entry and Requirements to Enter a Person into a Shared Gang Database

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No persons under the
				  age of 13 shall be entered into a shared gang 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
				  771.8. Satisfaction of criteria
				  required by section
				  771.8 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 entered into a shared gang database
				  and designated as a Gang Member or Associate when at least two unique criteria
				  listed in subdivision (a) of section
				  771.8 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
				  771.8 are used together, then at least
				  one additional unique criterion from section
				  771.8 shall be satisfied for the person
				  to be entered into a shared gang 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 a shared gang 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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 5 - Designating a Person in a Shared Gang Database and Adding Information to a Person's Record › Section 771.8 - 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 a shared gang 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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 5 - Designating a Person in a Shared Gang Database and Adding Information to a Person's Record › Section 772 - 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 a shared gang 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 a shared gang
				  database.
(b) Additional information may
				  only be entered into a shared gang database after they undergo the supervisory
				  review process set forth in section
				  772.2 is conducted.
(c) Additional information shall not affect the
				  retention period of records unless required by section
				  773.8 or
				  774.
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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 5 - Designating a Person in a Shared Gang Database and Adding Information to a Person's Record › Section 772.2 - Supervisory Review Process of Intelligence Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No entry shall be made in a shared gang
				  database unless all related intelligence data is first meaningfully reviewed and
				  approved by the appropriate supervisory classification pertinent to the
				  organizational structure of the 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 a shared gang 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
				  771.6 have been satisfied.
(2) The supervisor may review additional legally
				  obtained information and/or supporting documentation to add to the person's record
				  in a shared gang database.
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 6 - Designating an Organization as a Criminal Street Gang in a Shared Gang Database and Adding Information to a Designated Criminal Street Gang › Section 772.4 - 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 and entered into a shared gang database as a criminal street gang only
				  if it meets all of the following:
(1) The User
				  Agency has reasonable suspicion for making the designation. The 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
				  771.6 of this chapter. The User Agency
				  shall notify the System Administrator of the organization and request that the
				  organization be designated as a criminal street gang in the shared gang database. If
				  the System Administrator approves the request, the User Agency shall create records
				  in the shared gang 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 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 User Agency shall identify the type(s) of crime(s) that the 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 User
				  Agency shall identify which of the aforementioned crimes the 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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 6 - Designating an Organization as a Criminal Street Gang in a Shared Gang Database and Adding Information to a Designated Criminal Street Gang › Section 772.6 - 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 a shared gang 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 a shared gang database after the supervisory review process set forth in
				  section 772.8 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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 6 - Designating an Organization as a Criminal Street Gang in a Shared Gang Database and Adding Information to a Designated Criminal Street Gang › Section 772.8 - 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 a shared gang
				  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 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 a shared gang 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 772.4 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 shared gang database.
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 7 - Notice of Inclusion in a Shared Gang Database › Section 773 - Notifying a Person of Inclusion in a Shared Gang 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 a shared gang database in writing prior to
				  the person being entered into a shared gang database.
(b) Any such notice shall, at the discretion of
				  the 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 User Agency discovered by utilizing other means that are
				  accessible to the 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 a shared gang 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 7.6 - 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 773.2 - 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 7.6 - 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 773.6 - 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 shared gang database. This documentation shall be captured in the shared
				  gang 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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 9 - Retention Periods › Section 773.8 - 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 a shared
				  gang 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 a shared gang database pursuant to section
				  771.6 and the reasonable suspicion
				  requirement set forth in subdivision (b) of section
				  771.6 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 shared gang
				  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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 9 - Retention Periods › Section 774 - 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 a shared gang 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 a shared gang database
				  pursuant to section
				  771.6 and the reasonable suspicion
				  requirement set forth in subdivision (b) of section
				  771.6 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 shared gang
				  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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 9 - Retention Periods › Section 774.2 - Retention Period for Notice of Inclusion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A 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
					 773, for the length of time a record
					 about the person to whom the notice pertains is in the shared gang
					 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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 9 - Retention Periods › Section 774.4 - 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 shared gang 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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 9 - Retention Periods › Section 774.6 - Retention Period for Source Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  User Agency that enters information into a shared gang database shall maintain the
				  source documents supporting the entry. The source documents shall be retained for
				  the same period as the shared gang database record they support.
(b) At any time source documents are found to be
				  missing or incomplete to adequately support a criterion, the User Agency shall
				  remove the unsupported criterion.
(1) Removal
				  shall be conducted within 30 calendar days from the date the User Agency discovered
				  that the source documents were missing or incomplete.
(2) If a record in a shared gang 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
				  771.6.
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 9 - Retention Periods › Section 774.7 - Retention Period for Written Attestations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A User Agency shall maintain a written
				  attestation made pursuant to subdivision (c) of section
				  772.2 or
				  772.8 for the same period as the shared
				  gang 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 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 10 - Audits › Section 774.8 - A User Agency's Discretion to Perform Self-Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At its discretion, a 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 User Agency that created a record or entered
				  subsequent criteria for a person in a shared gang database shall delete the entry or
				  entries it created if:
(1) During self-auditing
				  the User Agency finds that the supporting documents are missing or
				  incomplete.
(2) The 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.