Cal. Code Regs. Tit. 11, § 753 - Requirements to Designate an Organization as a Criminal Street Gang

(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.

(b) A new criminal street gang may only be added into the CalGang database by the Department or a Node Administrator after the supervisory review process set forth in section 753.4 is conducted. If a Node Agency or User Agency determines that a new criminal street gang should be added to the CalGang database, it shall submit in writing the information provided in subdivision (a) to either the Department or its Node Administrator.

(c) A criminal street gang shall remain in the CalGang database until an audit conducted pursuant to section 755.4 or 755.8 determines that the designated criminal street gang shall be purged from the CalGang database.

Notes

Cal. Code Regs. Tit. 11, § 753

1. New article 6 (sections 753-753.4) 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 and 186.36, Penal Code.

1. New article 6 (sections 753-753.4) 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.