Report 2015-130 Recommendation 15 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 #15 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, establishing a plan to recertify all CalGang users and training instructors on the new training content. Justice should guide the board and the committee to complete the draft plan by June 30, 2017, and the recertification training by June 30, 2018.

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 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." 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. An online certification test was built into the CalGang database requiring all users to take and pass the test once the moratorium was lifted. All CalGang database users are required to take the current recertification online exam every two years.

Completion Date: March 2018

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

Justice has developed standard training and set certification requirements for every two years. This recommendation is implemented.

1-Year Agency Response

At the recent California Gang Node Advisory Committee and CalGang Executive Board meetings in February 2017, Justice discussed the progress of this recommendation. The committee advised that it has established a subcommittee to develop the plan to ensure that every CalGang user is recertified every two years.

According to the board, the two-year recertification training will be built into the CalGang database and any current or new users due for training will need to complete and pass the training, prior to obtaining access. The system will require users to digitally sign a new user agreement at the completion of the training. This digitally signed document will be retained electronically within the database, associated with each user.

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 continue to work with the board and committee until express authority is granted by the Legislature.

Estimated Completion Date: October 1, 2017
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. The board discussed the possibility of recertification training being done programmatically through the CalGang system. The board will develop the recertification plan and allow Justice to review the plan prior to implementation.

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.

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 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, 2018
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.