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§ 755.8. Audits of Designated Criminal Street Gangs.

11 CA ADC § 755.8Barclays Official California Code of RegulationsEffective: August 18, 2022

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 10. Audits
Effective: August 18, 2022
11 CCR § 755.8
§ 755.8. Audits of Designated Criminal Street Gangs.
(a) At least once every three years from the date a criminal street gang was designated in the CalGang database or from the last time an audit was conducted by the Department, a Node Agency, or a User Agency, a supervisor at each Node Agency and User Agency shall complete an audit of that criminal street gang designated in the CalGang database. Within 30 calendar days of completion of the audit, the Node Agency or User Agency shall complete, sign, and submit a CalGang Gang Audit form CJIS 9005 (rev. January 2022), incorporated by reference herein, to the Department documenting the results of each audit and the date each designated criminal street gang was audited.
(b) Audits of a designated criminal street gang shall ensure that:
(1) Reasonable suspicion was present at the time of the criminal street gang's initial designation if the criminal street gang was designated in the CalGang database on or after the effective date of these regulations.
(2) The organization satisfies the requirements to be designated as a criminal street gang as set forth in section 753 if the criminal street gang was designated in the CalGang database on or after the effective date of these regulations.
(3) Sufficient reasonable suspicion exists for the criminal street gang to continue being designated as such in the CalGang database.
(c) A designated criminal street gang shall be purged along with its corresponding records from the CalGang database if an audit of that designated criminal street gang is not completed within three years from the last audit or the original designation in the CalGang database, the Department does not receive a CalGang Gang Audit form from a Node Agency or User Agency for that designated criminal street gang, or an audit determines that the requirements in subdivision (b) are not satisfied.
(d) By January 5 of each year, the Department shall provide a sample of randomly selected designated criminal street gangs to each Node Administrator for their Node Agency and/or User Agencies to audit. Node Administrators shall provide the audit(s) and corresponding results of the audit(s) to the Department on or before September 10 of that year. Any designated criminal street gang found to be out of compliance with Article 6, 9, or 10 shall be purged along with its corresponding records from the CalGang database within 30 calendar days of the completion of the audit unless that designated criminal street gang was entered prior to the effective date of these regulations and was in compliance with entry requirements at the time of entry.
(e) If a person has more than one record in the CalGang database, only the record associated with a designated criminal street gang being purged shall be removed from the CalGang database.
(f) The Department shall review the audit(s) and corresponding results for accuracy and compliance.
(g) The Department shall report a summary of the results of all audits annually on the Attorney General's website.

Credits

Note: Authority cited: Section 186.36, Penal Code. Reference: Sections 186.34 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. Amendment of subsection (a) filed 8-18-2022; operative 8-18-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 11, § 755.8, 11 CA ADC § 755.8
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