Report 2015-130 Recommendation 27 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 #27 To: Santa Clara County Sheriff's Office

Until Santa Clara County Sheriff's Office receives further direction from the board, the committee, or Justice, it should address the specific deficiencies we found by reviewing the gangs it has entered into CalGang to ensure the gangs meet reasonable suspicion requirements. It should also begin reviewing the gang members it has entered into CalGang to ensure the existence of proper support for each criterion. It should purge from CalGang any records for gangs or gang members that do not meet the criteria for entry. Individuals who are independent from the ongoing administration and use of CalGang should lead this review. The agency should complete the gang and gang member reviews in phases, with the final phase for gangs to be completed by June 30, 2018, and the final phase for gang members to be completed by June 30, 2019.

Annual Follow-Up Agency Response From October 2019

For the past two years, we have not made any new entries to CalGangs system. We have reviewed all files and purged those do not meet the criteria.

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

Santa Clara is now affirming that it has completed its review and purged records that do not meet the criteria for inclusion in CalGang.

Annual Follow-Up Agency Response From October 2018

We have completed the purge of gangs entered to the system. We are in the process of completing the final phase for gang members. This will be completed by June 30, 2019

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

The nature of the database precludes Santa Clara from providing us with documentation of gangs it has purged. Short of conducting another audit of Santa Clara's gangs, we have no means of confirming Santa Clara's assertion. Justice has legal authority to follow up on Santa Clara's use of CalGang, and it conducts periodic audits of CalGang records.

1-Year Agency Response

We are currently updating our policies and procedures to ensure we have a clear supervision of the information being entered into the system. The new procedures will also include sending notifications to adults and juveniles as required by law.

We have identified our Records Division as the independent body to review entries. Implementation will begin in early 2018.

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

6-Month Agency Response

WE are currently working on updating our agencies policies and procedures.

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

60-Day Agency Response

The Sheriff's Office Records Administration will identify a staff member from the Records Division (independent from the ongoing administration). The Records staff member will review the information entered into CalGang and identify records that need to be purged.

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

All Recommendations in 2015-130

Agency responses received are posted verbatim.