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 - 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 CalGang database, the responding Agency
				  shall contact each Node Agency or 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 CalGang 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 CalGang database.
(3) If the Agency originated the person's
				  designation or added to the person's record in the CalGang database, the criteria
				  supporting the person's designation as a Gang Member or Associate in the CalGang
				  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 CalGang
				  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 CalGang
				  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 Node Agency or 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) The CalGang database, and your designation in
				  the database, is for law enforcement intelligence purposes only. The laws governing
				  the CalGang database do not compel you to report your designation in the database to
				  any government official or entity for any purpose.
(10) A link to the CalGang page on the Attorney
				  General's website that provides an explanation of how information entered into the
				  CalGang database is used and the length of time that a person's information shall
				  remain within the CalGang database.