Report 2015-130 Recommendation 24 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 #24 To: Los Angeles Police Department

Until Los Angeles Police Department receives further direction from the board, the committee, or Justice, it should address the specific deficiencies we found by developing or modifying as necessary all its policies and procedures related to CalGang to ensure they align with state law, CalGang policy, the federal regulations, and the state guidelines. In particular, the agency should implement appropriate policies and procedures for entering gangs; performing supervisory reviews of gang and gang member entries; performing periodic CalGang record reviews; sharing CalGang information; and complying with juvenile notification requirements. The agency should complete this recommendation by March 31, 2017.

Annual Follow-Up Agency Response From October 2018

Current Department procedure for the addition of gangs into the database are for a written request to be made by gang officers. This request, which must have supervisory approval, is submitted to the Department's Cal/Gang Node Administrator. The Node Administrator reviews the request and ensures that the minimum criteria have been met for entry. If upon review, the request meets the minimum criteria for entry, the gang is created in the database by the Department's Node Administrator. The gang officers that make the request are then notified that they may proceed to enter suspected gang members and associates following the documented Department policy and procedures. Only the Department's Node Administrator can create a gang within the database.

Periodic reviews of Cal/Gang records are being done in compliance with DOJ standards. These reviews utilize a statistically valid random sample for record review. Records found to be noncompliant are removed by the Department's Cal/Gang Node Administrator.

On August 23, 2016, a Detective Bureau Cal/Gang Proxy Login Notice, and an accompanying Cal/Gang Telephonic Information Request Form (checklist) was written and published for Department use (see attached). On December 14, 2017, the Department published Administrative Order No. 14. 1bis Order addressed the entry of suspected gang members and associates into the database, notification to adults and juveniles of their inclusion in the database, and supervisory review and oversight of these entries. Compliance with both Assembly Bill 2298 (2016) as well as Assembly Bill 90 (2017) is addressed in this Order

Completion Date: December 2017

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

Los Angeles has developed policy and procedures that implement our recommendation.

1-Year Agency Response

CSAO Recommendation 24 (a):

LAPD Action Taken: In progress. A COD Notice titled "Compliance with Assembly Bill 2298 and Penal Code sections 186.34 and 186.35" is pending review by the LAPD Police Commission and Department approval.

CSAO Recommendation 24 (b):

LAPD Action Taken: Expanded review and Supervisory responsibilities will be detailed in a revised Special Order related to Special Order No. 15, May 22, 2013, (Cal/Gang System and Gang File Guidelines and Related Subsections). This will include a Department manual update.

CSAO Recommendation 24 (c):

LAPD Action Taken:

· In progress. Cal/Gang record review in progress.

· Completed. Sharing Cal/Gang information: A Detective Bureau Cal/Gang Proxy Login Notice dated August 23, 2016, and an accompanying Cal/Gang Telephonic Information Request Form (checklist) was written and published for Department use.

· In progress. A revised notification letter has been drafted and is pending Department approval. The revised notification letter contains expanded language, which complies with California state law.

CSAO Recommendation 24 (d):

Department Response: The CGNAC proposed to the Cal/Gang Executive Board that the Attorney Guidelines not be followed in its entirety because of one provision. Specifically, the provision regarding review of all gang members in Cal/Gang by two Police Captains is not feasible. The LAPD will inspect a statistically valid sample of gang members on an annual basis. The Executive Board approved modified policies and procedures regarding this issue at the February 2017 meeting.

Action Taken: In progress.

Estimated Completion Date: September 1, 2017
Response Date: August 2017

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

6-Month Agency Response

CSAO Recommendation 24 (a):Implement appropriate policies and procedures for entering gangs;

LAPD Action Taken: In progress. A COD Notice titled "Compliance with Assembly Bill 2298 and Penal Code sections 186.34 and 186.35" is pending Department approval.

CSAO Recommendation 24 (b):Perform supervisory reviews of gangs and gang member entries;

CSAO Recommendation 24 (c):Implement policies and procedures for performing periodic Cal/Gang record reviews; sharing Cal/Gang information; and complying with Juvenile notification requirements;

LAPD Action Taken:

- In progress. Cal/Gang record review in progress.

- Completed. Sharing Cal/Gang information: A Detective Bureau Cal/Gang Proxy Login Notice dated August 23, 2016, and an accompanying Cal/Gang Telephonic Information Request Form (checklist) was written and published for Department use.

- In progress. The Department is complying with California State law regarding juvenile letter notification requirements. Additionally, a revised notification letter has been drafted and is pending Department approval. The revised notification letter contains expanded language, which complies with California state law.

CSAO Recommendation 24 (d):Recommendation No. 2 should be completed by March 31, 2017. [CSAO recommendation 24 (d) is the same as LAPD Recommendation No. 2 in LAPD's original response].

Action Taken: In progress.

A Chief of Detectives Notice was completed and is awaiting approval for compliance with changes to Penal Code (PC) 186.34 and the creation of PC 186.35. Upon approval of the Notice a Special Order will be completed, which will update Department policy to comply with changes to the law.

Estimated Completion Date: June 30, 2019
Response Date: February 2017

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

60-Day Agency Response

The Department is reviewing Assembly Bill 2298, which will have a direct impact on Cal/Gang policy and procedure related to adults.

There was an overall operational issue with one section of the 2007, California Attorney General's Model Standards and Procedures for Maintaining Criminal Intelligence Files and Criminal Intelligence Operational Activities guidelines. On page 38, section "V" (Auditing and Oversight), two Captains are required to annually audit the operations of the "Criminal Intelligence Section," which is equivalent to LAPDs GED, for compliance with [GED] standards and procedures related to criminal intelligence files and all documentation prepared by the sections.

The California Gang Node Advisory Committee (CGNAC) proposed to the Cal/Gang Executive Board that the Attorney Guidelines not be followed in its entirety because of this one issue. The Executive Board did not vote on this issue at the September 9, 2016, meeting. The next CGNAC meeting is scheduled for January 31, 2017, and this will be revisited.

Expanded review and Supervisory responsibilities will be detailed in a revised Special Order related to Special Order No. 15, May 22, 2013, (Cal/Gang System and Gang File Guidelines and Related Subsections). This will include a Department manual update. It is anticipated that the Matrices developed for the inspections will be approved for use at the upcoming bureau meeting in early October 2016.

Estimated Completion Date: March 31, 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.