§ 752.4. Criteria to be Designated as a Gang Member or Associate.
11 CA ADC § 752.4Barclays Official California Code of Regulations
11 CCR § 752.4
§ 752.4. Criteria to be Designated as a Gang Member or Associate.
(1) The person has admitted to being an active member or associate of an active criminal street gang under circumstances that do not undercut truthfulness. The law enforcement officer shall document the relevant circumstances of the admission including, but not limited to: the wording of the admission; the location of the contact; the person(s) present during the conversation; and whether the person was arrested during the contact for violating subdivision (f) of Penal Code section 647 or subdivision (a) of Health and Safety Code section 11550.
(A) This criterion shall only be entered into the database when the arrest is documented on a notify warrant; warrant of arrest; or an arrest, juvenile detention, or crime report. A field interview card or report may be used as a source document if it is used in conjunction with an arrest or crime report.
(3) The person has been identified as an active member or associate of an active criminal street gang by a reliable source. The identification shall be based solely on information that would support criteria set forth herein. The law enforcement officer shall document the specific information that serves as the basis for the opinion of the reliable source, why the information provided by the source is consistent with the criteria set forth herein, and the reason(s) that the reliable source has been deemed reliable.
(4) The law enforcement officer has observed the person associating with person(s) who are already entered, or are in the process of being entered, into the CalGang database and the circumstances of the observed association indicates gang affiliation. The law enforcement officer shall document the circumstances of the association; the person(s) present who are already entered, or are in the process of being entered, into the CalGang database; and the reason for believing that the association indicates gang affiliation.
(5) The law enforcement officer has observed the person displaying one or more symbols or hand signs tied to a specific active criminal street gang to identify their affiliation. The law enforcement officer shall document the specific symbol(s) and/or hand sign(s) and the basis for believing that they are tied to an active criminal street gang.
(6) The law enforcement officer has observed the person at one or more gang-related addresses. The law enforcement officer shall document the specific address(es) and to which active criminal street gang such address(es) are related. The law enforcement officer shall articulate justification for how the address(es) are gang-related including, but not limited to, graffiti by the related criminal street gang and crime originating by that criminal street gang at the address(es).
(7) The law enforcement officer has observed the person wearing one or more items of clothing or colors that the law enforcement officer believes are tied to a specific and active criminal street gang. The law enforcement officer shall document the specific clothing and/or colors, and the basis for believing that the person is wearing the clothing and/or colors to express gang membership or association.
(8) The law enforcement officer has observed the person having one or more tattoos, marks, scars, or brandings indicating criminal street gang membership or association. The law enforcement officer shall document a description of the tattoos, marks, scars, or brandings, the location of each on the person's body, and the basis for believing that they are tied to an active criminal street gang.
(A) A tattoo, mark, scar, or branding that remains unmodified and on the same place on a person's body that was used previously to satisfy this criterion shall not be used thereafter to satisfy that same criterion again unless it meets the elements set forth in subdivision (a)(8)(C) or the record of that person has since been purged from the CalGang database.
(B) If a person has multiple tattoos, marks, scars, or brandings that are the same or similar, and each one of those tattoos, marks, scars, or brandings is on a different location on the person's body, then each tattoo, mark, scar, or branding may be used to satisfy this criterion. However, each one of those tattoos, marks, scars, or brandings shall only be documented to meet that criterion once, and cannot be re-entered into the CalGang database as a criterion on subsequent occasions, unless it meets the elements set forth in subdivision (a)(8)(C) or the record of that person has since been purged from the CalGang database.
(C) A law enforcement officer may document a tattoo, mark, scar, or branding as described in subdivisions (a)(8)(A) and (a)(8)(B) to satisfy this criterion on subsequent occasions only if the person is in a public setting and is openly displaying, presenting, or flashing the tattoo, mark, scar, or branding as a means of intimidation. If the law enforcement officer documents the tattoo, mark, scar, or branding pursuant to subdivision (a)(8), the law enforcement officer shall document the relevant circumstances of the contact including, but not limited to, the type of public setting in which the contact occurred and a description of how the tattoo, mark, scar, or branding was openly displayed, presented, or flashed.
(c) When designating a person as a Gang Member or Associate, a criterion listed in subdivision (a) shall not be based on contact(s), incident(s), or supporting source documents that are more than one year old. No contact(s), incident(s), or supporting source documents that occurred before the juvenile turned 13 years of age shall be used to designate a juvenile as a Gang Member or Associate.
(3) The use of social media to satisfy any of the criteria set forth in this section shall be carefully evaluated by the law enforcement officer and the law enforcement officer shall consider at a minimum: the context of the posting(s), the frequency of posting, whether there are other corroborating indicators, and whether one can ascertain the true identity of the person posting or pictured.
Credits
Note: Authority cited: Section 186.36, Penal Code. Reference: Section 186.36, Penal Code.
History
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.
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 11, § 752.4, 11 CA ADC § 752.4
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