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§ 754.2. An Agency's Response to a Request for Removal.

11 CA ADC § 754.2Barclays 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 § 754.2
§ 754.2. An Agency's Response to a Request for Removal.
Currentness
(a) An Agency shall respond to a request for removal by a person in accordance with subdivision (e) of Penal Code section 186.34. Even after a request for removal has been deemed denied upon expiration of the thirtieth day following the request, an Agency may, but is not required to, deliver a notice of denial and the reason for the denial.
(b) Notwithstanding the foregoing, if responding to a request for removal 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 a request for removal pursuant to subdivision (b), it shall nonetheless prepare the response as described in subdivision (a), 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. This documentation shall be captured in 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.
(c) An Agency shall consider any evidence presented by a person requesting removal, including, but not limited to: successful completion of parole or probation with restrictions placed on gang terms, removal or cover-up of tattoos that were indicative of criminal street gang membership or association, community service hours, participation in gang intervention or prevention programs, and proof of employment.

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 (b)(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, § 754.2, 11 CA ADC § 754.2
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