Report 2015-130 Recommendation 14 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 #14 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, developing standardized periodic training content for all CalGang users and training instructors. Justice should guide the board and the committee to develop such standardized training content by June 30, 2017.
Annual Follow-Up Agency Response From August 2018
AB 90 requires the DOJ, with the advice of the Attorney General's Gang Database Technical Advisory Committee, to promulgate regulations governing the use, operation, and oversight of shared gang databases no later than January 1, 2020. These regulations will address many of the concerns outlined in the CSA's report and include, but are not limited to, system integrity, standardized training, review of entered records, equipment security, access to the database, record disclosure, gang member or associate designation criteria, criteria for designating a criminal street gang, retention and purging of records, notice requirements and requests for removal, etc. In addition, the DOJ must also promulgate regulations specific to the CalGang database that address periodic audits to ensure the accuracy, reliability, and proper use of the database, as well as standardized training for all users.
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." Since this mandate went into effect, the DOJ has worked with the California Gang Node Advisory Committee to create and implement standardized training.
- Completion Date: March 2018
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
Justice has developed standardized training materials and set a requirement for end users to certify as a CalGang user every two years. This recommendation is satisfied.
1-Year Agency Response
At the California Gang Node Advisory Committee and CalGang Executive Board meetings in May 2017, Justice discussed the progress of this recommendation. The committee advised it had developed standardized training, which was incorporated into the existing mandatory training components.
All CalGang users and training instructors receive the standardized training. All users are required to complete a CalGang End User Security Notification upon completion of training.
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.
- Estimated Completion Date: Implemented according to the committee. However, the CSA's recommendation includes a requirement that the training occur periodically. Until the Legislature grants Justice express authority, Justice cannot compel the board and committee to update or develop further training or to implement or enforce the training.
- Response Date: August 2017
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. This recommendation was discussed at the meeting. According to the board, there are currently mandatory components used in all agency training. The board will review the mandatory components and develop standardized training for all nodes as well as customized training for each individual node. Justice will review the training prior to implementation.
At the recent California Gang Node Advisory Committee and CalGang Executive Board meetings in February 2017, Justice discussed the progress of this recommendation. At the meeting, the committee advised it has developed standardized training, is on track to implementing by the recommended date, and will send the curriculum to Justice for review.
Justice currently has no existing authority, 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.
- Estimated Completion Date: June 30, 2017
- Response Date: February 2017
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. This recommendation was discussed at the meeting. According to the board, there are currently mandatory components used in all agency training. The board will review the mandatory components and develop standardized training for all nodes as well as customized training for each individual node. Justice will review the training prior to 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.
- Estimated Completion Date: June 30, 2017
- Response Date: October 2016
California State Auditor's Assessment of 60-Day Status: Pending
All Recommendations in 2015-130
Agency responses received are posted verbatim.