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§ 750.6. Access to the CalGang Database.

11 CA ADC § 750.6Barclays Official California Code of Regulations

Barclays 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 3. Access to the Calgang Database, Admission, and Dissemination of Intelligence
11 CCR § 750.6
§ 750.6. Access to the CalGang Database.
Currentness
(a) Access to the CalGang database is not automatically granted to all employees of a Node Agency or User Agency; rather, access shall be limited to employees meeting the definition of User.
(1) Only the Department may grant access to the CalGang database to a User from an out-of-state agency or a federal agency.
(b) Prior to being granted access to the CalGang database, all Users shall undergo the training prescribed in subdivision (b) of section 751.6.
(c) User Agencies shall enter into a written memorandum of understanding or user agency agreement, consistent with these regulations, with the Department or their respective Node Agency before a person employed by the User Agency may receive access to the CalGang database. Node Administrators shall provide a copy of any such agreement to the Department upon request.
(d) Before completing the training referenced in subdivision (b) of section 751.6, all Users shall complete a CalGang User Agreement form CJIS 9006 (orig. November 2019), incorporated by reference herein. A physical copy of each User's CalGang User Agreement form shall be kept on file by the Node Administrator. The Node Administrator or Node Administrator's Designee shall forward a signed copy of each completed User's CalGang User Agreement form to the Department no later than 10 working days after the User receives training. The Department shall ensure that a signed CalGang User Agreement form has been provided for each new User. If a signed copy of the CalGang User Agreement form is not sent to the Department for a User pursuant to this section, the Department may suspend or revoke the access of the User, the Node Administrator, and/or the Node Administrator's Designee.
(e) An Agency that is interested in accessing the CalGang database shall submit a written request to the Department or the local Node Administrator on the Agency's letterhead. The written request shall provide the following:
(1) A reason for its need to access the CalGang database.
(A) The Agency shall demonstrate a need to know and a right to know to satisfy subdivision (e)(1).
(2) The number of Users who will be accessing the CalGang database at that Agency and the level of access that is requested for each User.
(3) The Agency's assigned originating agency identifier (ORI) number, if applicable.
(4) The addresses of the facilities within the Agency where Users will access the CalGang database.
(5) The name and contact information for the person(s) designated by the Agency as the point of contact and training coordinator. If the Agency's point of contact and training coordinator are two different persons, the Agency shall identify both.
(6) If data entry access is requested, the Agency shall identify the classification(s), rank(s), and related expertise of the person(s) who will be responsible for performing the supervisory review required by sections 752.8 and 753.4; and describe the organizational structure and process through which the supervisory review process required by sections 752.8 and 753.4 will occur.
(A) No User from an out-of-state agency or a federal agency shall have the ability to add, edit, or delete any records or designated criminal street gangs in the CalGang database.
(f) The Department or Node Administrators shall determine whether written requests submitted pursuant to subdivision (e) by Agencies within their Node shall be approved.
(1) For requests submitted by an out-of-state agency or a federal agency, only the Department has the authority to approve those requests and to determine if the Department will enter into a memorandum of understanding with that agency consistent with these regulations. Such memorandum shall be kept on file by the Department.
(g) A Non-User may request information contained within the CalGang database from a User via a proxy query, conducted pursuant to section 751.4.

Credits

Note: Authority cited: Section 186.36, Penal Code. Reference: Section 186.36, Penal Code.
History
1. New article 3 (sections 750.6-751.4) 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.
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 11, § 750.6, 11 CA ADC § 750.6
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