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§ 751.6. User Training.

11 CA ADC § 751.6Barclays 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 4. Training, Exam, and Requirements to be an Instructor
11 CCR § 751.6
§ 751.6. User Training.
Currentness
(a) User training shall only be conducted by the Department or an instructor certified by the Department. Requirements to become a certified instructor are set forth in section 752.
(b) At a minimum, instruction from the Department or a certified instructor shall address the following:
(1) The definitions in section 750.4 and Penal Code section 186.34, with special emphasis on the definitions of “contact,” “criminal street gang,” “Gang Member or Associate,” “reasonable suspicion,” “system misuse,” and “unauthorized access.”
(2) The minimum number of criteria in section 752.4 that is required to enter a person as a Gang Member or Associate into the CalGang database as described in section 752.2, a comprehensive description of each criterion, the limitations and restrictions applicable to each criterion, and the documentation required to use each criterion.
(3) The applicable federal, state, and local laws, policies, and ordinances governing the gathering of criminal intelligence information by law enforcement agencies, including an overview of title 28 of the Code of Federal Regulations and its relevance to the CalGang database, Government Code section 70615, and Penal Code sections 186.34, 186.35 and 186.36.
(4) The physical, administrative, and technical system, hardware and software requirements and data dissemination restrictions directly applicable to Users that prevent unauthorized access to the CalGang database and protect the privacy of persons designated in the CalGang database, including user identification and password policies, and the requirements of section 756.4.
(5) Practical, hands-on system usage, including instruction on how to enter and view information in the CalGang database.
(6) How to upload files such as photographs to the CalGang database.
(7) Best practices for mitigating the entry and dissemination of false or incorrect information into or from the CalGang database, including the performance of self-audits, as described in section 755.4, and the supervisory review requirements in sections 752.8 and 753.4.
(8) How to provide notice pursuant to subdivision (c) of Penal Code section 186.34 and Article 7, how to respond to information requests pursuant to subdivision (d) of Penal Code section 186.34 and Article 8, and how to respond to requests for removal pursuant to subdivision (e) of Penal Code section 186.34 and section 754.2.
(9) Description of the retention periods applicable to adult and juvenile persons designated in the CalGang database and the retention periods for records related to the CalGang database, all as described in Article 9.
(10) The applicable penalties for system misuse, as described in section 757.4, and the factors used by the Department in penalty determinations.
(11) The impact of releasing data for unauthorized purposes, including, but not limited to, how the unauthorized release of data may affect immigration proceedings and employment, housing, or military screening.
(12) The potential positive and negative impacts of collecting data on suspected gang members or associates, on communities impacted by criminal street gangs, and on persons designated in the CalGang database.
(13) Implicit bias in policing, taking into account an agency's existing training on that topic.
(14) How to share information from the CalGang database through a proxy query request, pursuant to section 751.4.
(c) Upon completion of the instruction listed in subdivision (b), the certified instructor shall complete the “CalGang Administrator Use Only” section of the CalGang User Agreement form for each User who completed the training course. The certified instructor or their designee shall forward the signed copy of each User's CalGang User Agreement form to the Node Administrator no later than five working days after the User receives training.
(d) Additional required training may be added by the training instructor or the Node Administrator. Additional required training may include, but is not limited to, training on local gangs and the history, patterns, and common symbols, hand signs, addresses, clothing, and colors of local gangs; agency-specific policies such as source document retention; and agency-specific policies regarding recordings by law enforcement such as body camera footage or audio recordings.
(e) The Department may conduct on-site visits, including classroom observation and review of training records, to ensure compliance with this training mandate.

Credits

Note: Authority cited: Section 186.36, Penal Code. Reference: Sections 186.34, 186.35 and 186.36, Penal Code.
History
1. New article 4 (sections 751.6-752) 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, § 751.6, 11 CA ADC § 751.6
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