Report 2015-130 Recommendation 18 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 #18 To: Justice, Department of
To promote transparency and hold the board, the committee, and user agencies accountable for implementing and adhering to criminal intelligence safeguards, Justice should post quarterly reports on its website, beginning June 30, 2017, that summarize how it has guided the board and the committee to implement and adhere to criminal intelligence safeguards; the progress the board, the committee, and the user agencies have made in implementing and adhering to these safeguards; the steps these entities still must take to implement these safeguards; and any barriers to the board's and the committee's success in achieving these goals.
Annual Follow-Up Agency Response From August 2018
AB 90 requires the DOJ to publish an annual report on the CalGang database commencing on February 15, 2018, and each year thereafter. The DOJ met its mandate and published the report for year 2018 on the Attorney General's public website. The report is required to include data elements described above including statistical information from the CalGang database. In addition, the DOJ must allow for and invite public comment following the release of the mandated report, which is also facilitated via the Attorney General's public website. This has been implemented - in alignment with AB 90.
- Completion Date: June 2018
California State Auditor's Assessment of Annual Follow-Up Status: Resolved
Under AB 90, Justice has mandated oversight of CalGang and must implement regulations by 2020. Since Justice is no longer functioning in an advisory capacity to the board and the committee, which have been dissolved, the issues that this recommendation was meant to addressed have been resolved.
1-Year Agency Response
Justice developed a template for the quarterly reports, 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. A draft report was prepared and is awaiting approval by the board and committee. This will be included as a discussion item at the September 2017 meetings. If approval is obtained before the September 2017 meeting, the report will be posted to the Attorney General's website.
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: Unknown
- 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 and discussed this recommendation. The Justice internal CalGang working group will determine the best way to collect the information necessary to compile meaningful reports.
At the recent California Gang Node Advisory Committee and CalGang Executive Board meetings in February 2017, the committee advised that it is developing a plan to provide for auditing by other user agencies. This auditing can be leveraged to provide the information needed for the quarterly reports. Justice is working on a template for the report.
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 management attended the CalGang Executive Board meeting in September 2016 and discussed this recommendation. The Justice internal CalGang working group will determine the best way to collect the information necessary to compile meaningful reports.
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.