Report 2015-130 Recommendation 19 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 #19 To: Justice, Department of

To promote transparency and encourage public participation in CalGang's meetings, Justice should post summary results from the committee's audits of CalGang records to its website unless doing so would compromise criminal intelligence information or other information that must be shielded from public release.

Annual Follow-Up Agency Response From August 2020

On February 13, 2020, as mandated by AB 90, the DOJ posted its annual report for 2019. The results of the committee's audits were included and will continue to be included each year. The annual report can be found at the link below:

https://oag.ca.gov/calgang/reports

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

Annual Follow-Up Agency Response From October 2019

GDTAC meetings concluded in December 2018. Subsequently, the DOJ published proposed CCR Chapters 7.5 and 7.6 on the DOJ and Office of Administrative Law (OAL) websites on May 10, 2019. Public hearings on the regulations were held upon the completion of the 45-day public comment period in Los Angeles on June 26, 2019, and in Sacramento on June 27, 2019. Taking into consideration all of the public comments, the DOJ modified the proposed text of the regulations and published it for a 15-day public comment period on August 1, 2019. The DOJ subsequently extended the comment period an additional 15 days, making August 31, 2019, the last day that comments may be submitted for consideration.

AB 90 mandated that the DOJ publish an annual report on the CalGang database on the department's internet site and this mandate has successfully been met each year. Additionally, AB 90 mandates that, effective January 1, 2020, the annual report shall also include the results from each agency's periodic audits.

The DOJ will begin including the audit results in its 2020 annual report, which will be published by February 15, 2021, and each annual report thereafter.

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

Annual Follow-Up Agency Response From August 2019

Pursuant to AB 90 (2018), the DOJ must promulgate regulations specific to the CalGang database that address periodic audits to ensure the accuracy, reliability, and proper use of the database. The details of conducting audits will be addressed in the regulations. The Department will begin incorporating summaries of the periodic audits after the regulations are in place, as directed by AB 90.

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

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 (GDTAC), to promulgate regulations governing the use, operation, and oversight of shared gang databases no later than January 1, 2020. 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.

To promote transparency and encourage public participation, the GDTAC meetings are subject to the Bagley-Keene Open Meeting Act which requires that meetings are accessible to the public, are noticed in advance, and provide a public comment period during the meeting. The GDTAC also provides an email address to allow for public comments at any time while the GDTAC is in place. The details of posting audit results will be addressed in the regulations.

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

1-Year Agency Response

Justice developed a template for the reporting of these results, to be utilized by user agencies. Justice presented the template at the California Gang Node Advisory Committee and CalGang Executive Board meetings in May 2017. The template is under review by the board and committee. This will be included as a discussion item at the September 2017 meetings.

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 begin filling allocated positions and 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 in September 2016 and discussed this recommendation. It has been determined that the board can provide the necessary information to Justice to be posted on its website.

At the recent California Gang Node Advisory Committee and CalGang Executive Board meetings in February 2017, Justice advised that it is developing a template for the information to be included.

Justice currently has no existing authority, 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 in September 2016 and discussed this recommendation. It has been determined that the board can provide the necessary information to Justice to be posted on its website.

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.