Report 2015-130 Recommendation 13 Responses

Report 2015-130: The CalGang Criminal Intelligence System: As the Result of Its Weak Oversight Structure, It Contains Questionable Information That May Violate Individuals' Privacy Rights (Release Date: August 2016)

Recommendation #13 To: Justice, Department of

As the Legislature considers creating a public program for shared gang database oversight and accountability, Justice should guide the board and the committee to identify and address the shortcomings that exist in CalGang's current operations and oversight. The guidance Justice provides to the board and the committee should address, but not be limited to, instructing all user agencies to report to Justice every six months, beginning in January 2017, on their progress toward completing their gang and gang member reviews.

Annual Follow-Up Agency Response From August 2021

The DOJ continues to work with the CGNAC to ensure it is regularly auditing CalGang records and gangs. In addition to the regular CGNAC audits, attestations, and gang audits are being mandated and reported to DOJ at regular intervals. DOJ has also implemented a system enhancement that allows agencies to log their audits directly into the system for both records and gangs. This allows the DOJ to run at-will reports to track audit progress and reach out to user agencies who may need assistance.

Additionally, the DOJ continues to remove data from agencies that no longer participate in audits or who have communicated that they no longer participate.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

DOJ regulations require and define various audits of gang and gang member information included within CalGang. These regulations also establish how user agencies will communicate the results of these audits to the DOJ and how DOJ will annually summarize this information. Based on a review of its most recent annual report, it is clear that DOJ has established an adequate reporting mechanism for user agencies to report the results of their audits.

Annual Follow-Up Agency Response From November 2020

The DOJ continues to work with the CGNAC to ensure it is regularly auditing CalGang records and gangs. The DOJ requires user agencies to conduct an audit of a statistically valid sample of records on an annual basis and report the progress and results of this audit approximately every four months. In addition to the attestation language mentioned above, the new regulations also require that "node or user agencies that audit their own records...report their results to the DOJ in writing within 30 calendar days from the date each audit is conducted." Once reported, the results of these audits are immediately reviewed by the DOJ, by confirming that the CalGang record has been changed or deleted from the database

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Annual Follow-Up Agency Response From August 2020

The DOJ continues to work with the CGNAC to ensure it is regularly auditing CalGang records and gangs. The DOJ requires that user agencies conduct an audit of a statistically valid sample of records on an annual basis and report the progress and results of this audit approximately every four months. In addition to the attestation language mentioned above, the regulations will also require that "node or user agencies that audit their own records...report their results to the DOJ in writing within 30 calendar days from the date each audit is conducted." Once reported, the results of these audits are immediately reviewed by the DOJ by confirming the CalGang record has been changed or deleted from the database.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Annual Follow-Up Agency Response From October 2019

The DOJ continues to work with the CGNAC to ensure it is regularly auditing CalGang records to ensure the criteria is adequately supported. The DOJ requires that user agencies conduct an audit of a statistically valid sample of records on an annual basis and report the progress and results of this audit approximately every four months. Going forward, it will be mandated in the regulations that "node or user agencies that audit their own records shall report their results to the Department in writing within 30 calendar days from the date each audit is conducted." Once reported, the results of these audits are immediately reviewed by the DOJ by confirming the record has been changed or deleted from the database. Additionally, AB 90 mandates that, effective January 1, 2020, the annual report shall also include the results from each agency's periodic audits.

Node Administrators provide updates on their gang audits approximately every four months. As mentioned, the DOJ held a working session at the September 2019 CGNAC meeting to develop a business action plan to implement CCR Section 755.6 of the proposed regulations, addressing audits of criminal street gangs. During this working session, the DOJ worked with Node Administrators to standardize reporting practices for progress reports on comprehensive gang review.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Annual Follow-Up Agency Response From August 2019

The DOJ continues to work with the CGNAC to ensure it is regularly auditing CalGang records to ensure the criteria is adequately supported. The DOJ requires that user agencies conduct an audit of a statistically valid sample of records on an annual basis and report the progress and results of this audit approximately every four months. Going forward, it will be mandated in the regulations that "node or user agencies that audit their own records shall report their results to the Department in writing within 30 calendar days from the date each audit is conducted." Once reported, the results of these audits are immediately reviewed by the DOJ by confirming the record has been changed or deleted in the database. Additionally, AB 90 mandates that, effective January 1, 2020, the annual report shall also include the results from each agency's periodic audits.

Node Administrators provide updates on their gang audits approximately every four months. As mentioned, the DOJ plans to hold a working session at the September 2019 CGNAC meeting to develop a business action plan to implement CCR Section 755.6, audits of criminal street gangs, of the proposed regulations. During this working session, DOJ will work with Node Administrators to standardize reporting practices for progress reports on comprehensive gang review.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Annual Follow-Up Agency Response From August 2018

AB 90, which went into effect on January 1, 2018, eliminated the CalGang Executive Board and provided DOJ with responsibility to "administer and oversee the CalGang database." The bill further placed a moratorium on the use of the CalGang database until the DOJ certified that user agencies had reviewed their records and purged any record which did not have adequate support.

The Attorney General certified that the reviews had been completed and lifted the moratorium on March 29, 2018. As such, there is no need for user agencies to report their progress toward completing the reviews. The DOJ continues to work with the California Gang Node Advisory Committee to ensure it is regularly auditing CalGang records, based on a statistically valid sample, to ensure the criteria is adequately supported. Audits are conducted three times per year and the results of these audits are shared with the DOJ.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

We disagree with Justice's assessment that there is no need for user agencies to report their progress. It's apparent from the data that Justice shared from its May 2018 audit that not all records in CalGang are accurate; in fact, the audit confirms the opposite. Many records in CalGang contain errors and the user agencies have more work to do to identify, correct, or purge the erroneous records. This recommendation is designed to hold the user agencies accountable for completing the necessary records reviews, and we suggest that Justice reconsider requiring the user agencies to periodically report their progress.

1-Year Agency Response

Justice management attended the CalGang Executive Board meeting in May 2017. User agencies are currently using an existing board and committee-approved audit form to capture information for the biannual report. While Justice has not yet received any reports, user agencies were instructed to provide the audit forms to Justice every six months.

Additionally, since the introduction of AB 90 and SB 505, both of which would implement the recommendations of the audit, Justice has been involved in conversations with the authors' offices, providing technical guidance and suggestions as to best ways to implement.

Justice received funding and position authority from the Legislature for enhancements to the CalGang system with the FY 2017-18 budget; however, Justice will have no authority to implement the recommendations made by the CSA until legislation is passed. Justice will continue to work with the board and committee until express authority is granted by the Legislature.

California State Auditor's Assessment of 1-Year Status: Pending

6-Month Agency Response

Justice management attended the CalGang Executive Board meeting in September 2016. The board and Justice agreed that Justice needs to determine what components should be included in the bi-annual reports. Justice is continuing to hold internal discussions with the CalGang working group to determine what components would be beneficial in tracking progress toward implementation of CSA's recommendation and working on a template for the report. Once Justice determines the components that should be used by all user agencies to help identify and address shortcomings in CalGang's current operations and oversight and report progress of their reviews, Justice will request review and feedback from the board to help ensure a successful implementation.

Justice currently has no existing resources or program in place to handle oversight or administration of CalGang, however, Justice has begun dialogue with the board on each recommendation and will do everything possible to begin implementation until additional resources and funding are granted to the department.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

Justice management attended the CalGang Executive Board meeting in September 2016. The board and Justice agreed that Justice needs to determine what components should be included in the bi-annual reports. Justice is holding internal discussions with the CalGang working group to determine what components would be beneficial in tracking progress toward implementation of CSA recommendations. Once Justice determines the components that should be used by all user agencies to help identify and address shortcomings in CalGang's current operations and oversight and report progress of their reviews, Justice will request review and feedback from the board to help ensure a successful implementation.

Justice currently has no existing resources or program in place to handle oversight or administration of CalGang, however, the department has begun dialogue with the board on each recommendation and will do everything possible to begin implementation until additional resources and funding are granted to the department.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2015-130

Agency responses received are posted verbatim.