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§ 754. An Agency's Response to an Information Request.

11 CA ADC § 754Barclays 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 8. Information Requests, an Agency's Response to Information Requests, and an Agency's Response to a Request for Removal
11 CCR § 754
§ 754. An Agency's Response to an Information Request.
Currentness
(a) If an Agency receives an information request concerning a person who has a record in the CalGang database, the responding Agency shall contact each Node Agency or User Agency that has created an entry to ensure that the dissemination of the requested information does not compromise an active criminal investigation or the health or safety of a juvenile who has been designated as a Gang Member or Associate in the CalGang database.
(b) An Agency's response to an information request pursuant to subdivision (d)(1) of Penal Code section 186.34 shall be communicated in writing and shall include:
(1) Verification that the request was received and the date of its receipt.
(2) Whether the person is designated as a Gang Member or Associate in the CalGang database.
(3) If the Agency originated the person's designation or added to the person's record in the CalGang database, the criteria supporting the person's designation as a Gang Member or Associate in the CalGang database, the basis for the designation, and information about any source documents in the possession of the Agency related to the person's inclusion in the CalGang database. For each source document in the possession of the Agency, the 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.
(4) If the Agency originated the person's designation or added to the person's record in the CalGang database, 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.
(5) A description of the process to contest a designation, including the name of the Node Agency or User Agency to contact.
(6) A reference to Penal Code section 186.35 regarding the person's right to petition the court to review the designation.
(7) The name of the criminal street gang that the person is connected to in the database.
(8) An Agency that operates a gang intervention or outreach service shall include the contact information for that service whenever a response to an information request pertains to the designation of a juvenile.
(9) 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.
(10) A link to the CalGang page on the Attorney General's website that provides an explanation of how information entered into the CalGang database is used and the length of time that a person's information shall remain within the CalGang database.
(c) A Node Agency or User Agency responding to the request may, but is not required to, include the following additional information within the response:
(1) The documentation supporting the criteria that were satisfied for designation.
(d) Notwithstanding the foregoing, if responding to an information request from 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 Agency that received the request is not required to provide a response.
(1) If an Agency does not respond to an information request pursuant to subdivision (d), it shall nonetheless prepare the form of response as described in subdivision (b) of this section, and document a summary of reasons why a response was not sent and the date when this determination was made, and it shall maintain this documentation until the record pertaining to that person is purged from the CalGang database. Nothing in this subdivision restricts the release of a response under court order or for an in-camera review by a court. Nothing in this section requires a local law enforcement 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.
(e) 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, 186.35 and 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.
2. Change without regulatory effect amending subsection (d)(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, § 754, 11 CA ADC § 754
End of Document