Cal. Code Regs. Tit. 11, § 753.4 - Supervisory Review Process of Criminal Street Gang Intelligence Data

(a) No entry shall be made in the CalGang 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 Node Agency or 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 the CalGang 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 753 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 CalGang database.

(c) At the conclusion of the supervisory review and prior to adding the entry to the CalGang database, the reviewing first-level supervisor, or gang-unit lieutenant or equivalent, shall complete a written attestation that the entry complies with these regulations. The criminal street gang's designation in the CalGang database shall include confirmation that the written attestation of the reviewing supervisor was completed.

Notes

Cal. Code Regs. Tit. 11, § 753.4

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: Section 186.36, Penal Code.

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.