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§ 753.6. Notifying a Person of Inclusion in the CalGang Database.

11 CA ADC § 753.6Barclays 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 7. Notice of Inclusion in the Calgang Database
11 CCR § 753.6
§ 753.6. Notifying a Person of Inclusion in the CalGang Database.
Currentness
(a) Pursuant to subdivision (c) of Penal Code section 186.34, a person, and at least one parent or guardian of the person if the person is a juvenile, shall be notified of the person's inclusion in the CalGang database in writing prior to the person being entered into the CalGang database.
(b) Any such notice shall, at the discretion of the Node Agency or User Agency delivering the notice, be delivered only: in person at the time of contact or to the physical address provided by the person at the time of contact; or by mail to the physical address provided by the person at the time of contact or a physical address that the Node Agency or User Agency discovered by utilizing other means that are accessible to the Node Agency or User Agency, provided that such access is permitted by law. An Agency shall not require a person to appear in person at the Agency to retrieve their notice of inclusion. A law enforcement officer will presume that a juvenile resides with at least one parent or guardian, and that the physical address provided by the juvenile at the time of contact is the correct physical address for at least one parent or guardian.
(1) Each time a law enforcement officer makes contact with a juvenile and suspects that the juvenile will be designated as a Gang Member or Associate in the CalGang database, at the time of contact, the law enforcement officer shall confirm whether the juvenile lives with a parent or a guardian at the physical address provided by the juvenile. If the juvenile does not live with a parent or guardian, the law enforcement officer shall request the physical address of such parent or guardian for the purposes of satisfying the notice requirements set forth by subdivision (c) of Penal Code section 186.34.
(c) In addition to the requirements set forth under subdivision (c) of Penal Code section 186.34, a written notice required thereunder shall clearly indicate:
(1) The criteria supporting the person's designation as a Gang Member or Associate, the basis for the designation, and information about any source documents in the possession of the Node Agency or User Agency related to the person's inclusion in the CalGang database. For each source document in the possession of the Node Agency or User Agency, the Node Agency or User Agency shall include, to the extent possible, the format and date of the source document, including whether the source document is body camera footage, an audio recording, or other video recording, and a brief description of how the source document supports any criteria.
(2) To the extent possible, the date(s), time(s), and location(s) of the contacts or observations on which the criteria for designation were satisfied.
(3) A description of the process to contest designation, including the name of the Node Agency or User Agency to contact.
(4) A reference to Penal Code section 186.35 regarding the person's right to petition the court to review the designation.
(5) The name of the criminal street gang that the person is connected to in the database.
(6) A Node Agency or User Agency that operates a gang intervention or outreach service shall include the contact information for that service whenever a notice of inclusion pertains to the designation of a juvenile.
(7) The following statement:
(A) The CalGang database, and your designation in the database, is for law enforcement intelligence purposes only. The laws governing the CalGang database do not compel you to report your designation in the database to any government official or entity for any purpose.
(8) A link to the CalGang page on the Attorney General's website that shall provide an explanation of how the information entered into the CalGang database will be used and the length of time that the person's information shall remain within the CalGang database.
(d) A Node Agency or User Agency that issues the notice may include the following additional information within the notice:
(1) The documentation supporting the criteria that were satisfied for designation.
(e) A Node Agency or User Agency shall document the attempted delivery of each notice. The documentation shall contain:
(1) The name of the recipient of the notice and, if different, the person to whom the notice pertains.
(2) The date the notice was mailed or attempted to be delivered in person to the recipient and the method of delivery.
(3) If the notice was undeliverable, the Node Agency or User Agency shall, for mailed notices, document the date it received the undeliverable notification and retain a copy of the notification in its files, and, for attempts to deliver notices in person, document by notation or otherwise that the notice was undeliverable.
(f) The notice requirement shall be satisfied upon the first attempt if the notice is: delivered in person to the person to whom it pertains, or in the case of a juvenile, to the person and at least one parent or guardian of the person to whom the notice pertains; or mailed to the person to whom it pertains or, in the case of a juvenile, the person and at least one parent or guardian of the person to whom the notice pertains, and the notice is not returned to sender as undeliverable. If a juvenile to whom the notice pertains resides at the same physical address as a parent or guardian, the Node Agency or User Agency shall send two notices to that physical address; one shall be addressed to the juvenile to whom the notice pertains, and the other shall be addressed to the juvenile's parent or guardian. If the first attempt to deliver the notice does not satisfy the foregoing requirements, the notice requirement will nonetheless be satisfied if both of the following are met:
(1) The Node Agency or User Agency has no reasonable alternative method to deliver to that person, or in the case of a juvenile, to the person and at least one parent or guardian of the person to whom the notice pertains.
(2) The Node Agency or User Agency complied with the documentation requirements set out in subdivision (e) of this section.
(g) The notice requirement will not be satisfied on the first attempt if the notice fails to be delivered and the Node Agency or User Agency possesses more than one method of contacting the person. In such a situation, the Node Agency or User Agency shall make a second attempt to deliver the notice to the recipient and it shall use a different method of delivery than the one that was used for the first attempt. The Node Agency or User Agency shall document both attempts as set out in subdivision (e) of this section.
(h) A Node Agency or User Agency shall not knowingly send notice letters to places of employment, schools, or places of higher education unless such a place is also the residence facility of the recipient, such as a school dormitory.
(i) If sending a notice of inclusion to a juvenile, or a parent or guardian of the juvenile, would compromise an active criminal investigation or the health or safety of the juvenile, the Node Agency or User Agency is not required to attempt to deliver a notice under this section or subdivision (c) of Penal Code section 186.34.
(1) If a Node Agency or User Agency does not provide notice pursuant to subdivision (i), the Node Agency or User Agency shall nonetheless prepare the form of notice as described in this section and it shall indicate in the CalGang database that no notice was sent, provide the date the Node Agency or User Agency determined to not send the notice, and provide a summary of the reason(s) for that determination. This documentation shall remain in the CalGang database until the record pertaining to that person is purged from the CalGang database. Nothing in this subdivision restricts the release of a notice under court order or for an in-camera review by a court. Nothing in this section requires a Node Agency or User Agency to disclose any information protected under section 1040 or 1041 of the Evidence Code or Title 1, Division 10, Parts 2, 5, and 6 of the Government Code.
(j) All information pertaining to the above sections shall be captured in the CalGang database.

Credits

Note: Authority cited: Section 186.36, Penal Code. Reference: Sections 186.34 and 186.36, Penal Code.
History
1. New article 7 (section 753.6) 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.
2. Change without regulatory effect amending subsection (i)(1) filed 2-22-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 8).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 11, § 753.6, 11 CA ADC § 753.6
End of Document