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 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.

  • Completion Date: March 2018

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.

  • Auditee did not substantiate its claim of full implementation
  • Auditee did not address all aspects of the recommendation

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.

  • Estimated Completion Date: Dependent on enactment of legislation which would grant Justice the authority to execute and enforce the recommendations.
  • 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. 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.

  • Estimated Completion Date: July 1, 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. 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.

  • Estimated Completion Date: November 30, 2016
  • 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.