Report 2015-130 Recommendation 25 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 #25 To: Santa Ana Police Department
Until Santa Ana Police Department 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 June 2019
The Santa Ana Police Department has addressed the specific deficiencies the State Auditor's Office identified in their audit.
The following updates occurred in Phase II and were completed before the June 30, 2019 deadline:
The Santa Ana Police Department (SAPD) reviewed/analyzed approximately 2,300 criminal street gang member files entered into CalGang. SAPD updated criterion for CalGang inclusion in approximately 2,250 files and removed/purged less than 10 files not meeting gang membership criteria.
*** Verification regarding the above activity requires access to the CalGang database and files. ***
SAPD created and implemented policy and procedures pertaining to CalGang. The policies and procedures were provided to the State Auditor's Office.
SAPD anticipates, and is prepared to update department policy and procedure pending the implementation of any proposed recommendations to CCR, Title 11, Division 1, Chapter 7.5 - DOJ Regulations for the Fair and Accurate Governance of the CalGang Database, which will take effect on January 1, 2020.
- Completion Date: June 2019
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
The Santa Ana policy now requires that its police department complete a review of criminal street gangs and gang members. Upon completing this review, the policy requires ongoing review of CalGang records for reasonable suspicion requirements. Santa Ana is affirming that it has completed its initial review and purged records that do not meet the criteria for inclusion in CalGang.
Annual Follow-Up Agency Response From June 2018
The Santa Ana Police Department has addressed the specific deficiencies the State Auditor's Office identified in their audit.
Specifically, the Santa Ana Police Department reviewed/analyzed all 89 criminal street gangs entered into CalGang and ensured they met the reasonable suspicion requirements.
The review/analysis resulted in 19 criminal street gangs either being purged from the database and or removed (assigned to other agencies since the gangs were no longer active in Santa Ana).
As of June 25, 2018 there are 70 Santa Ana criminal street gangs entered in CalGang meeting the reasonable suspicion requirements.
- Estimated Completion Date: June 30, 2019
California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented
1-Year Agency Response
Audit Response - Review of Gangs and Gang Members
I. SAPD hired an employee to carry out the audit recommendations related to the review of gangs and gang members. The employee is now fully integrated and trained in the process and has started the review of criminal street gangs.
- Completion Date: August 2017
- Response Date: August 2017
California State Auditor's Assessment of 1-Year Status: Partially Implemented
Annual Follow-Up Agency Response From March 2017
I. The Santa Ana Police Department has hired an employee that will be dedicated to implementing the Cal State Auditor's recommendations.
II. SAPD currently has approximately 100 criminal street gangs. The reviewer will begin reviewing all 100 criminal street gangs to ensure their inclusion into CalGang met the reasonable suspicion requirements and have proper documentation to support their inclusion. This process will begin after the training of the non-sworn employee with an estimated completion on or before June 2018.
III. SAPD currently has in excess of 3,000 gang members and/or associates. The reviewer will begin reviewing all of the gang's active participants and ensure proper documentation supports their inclusion. Additionally, the documentation supports the criterion used for CalGang inclusion. This process will begin after item II has been completed with an estimated completion date on or before June 2019.
- Estimated Completion Date: June 30, 2019
California State Auditor's Assessment of Annual Follow-Up Status: Pending
6-Month Agency Response
I. The Santa Ana Police Department has hired an employee that will be dedicated to implementing the Cal State Auditor's recommendations.
II. SAPD currently has approximately 100 criminal street gangs. The reviewer will begin reviewing all 100 criminal street gangs to ensure their inclusion into CalGang met the reasonable suspicion requirements and have proper documentation to support their inclusion. This process will begin after the training of the non-sworn employee with an estimated completion on or before June 2018.
III. SAPD currently has in excess of 3,000 gang members and/or associates. The reviewer will begin reviewing all of the gang's active participants and ensure proper documentation supports their inclusion. Additionally, the documentation supports the criterion used for CalGang inclusion. This process will begin after item II has been completed with an estimated completion date on or before June 2019.
- Estimated Completion Date: June 2019
- Response Date: February 2017
California State Auditor's Assessment of 6-Month Status: Pending
60-Day Agency Response
I. The Santa Ana Police Department is currently conducting a testing process to fill a non-sworn position within the Investigations Bureau. The Department will identify and select a non-sworn employee to be trained on CalGang procedures and review protocols. This employee will not be involved in the current administrative or operational CalGang process. The selection/hiring of the employee should occur within six months/on or before the six month review on February 11, 2017.
II. SAPD currently has approximately 100 criminal street gangs. The reviewer will begin reviewing all 100 criminal street gangs to ensure their inclusion into CalGang met the reasonable suspicion requirements and have proper documentation to support their inclusion. This process will begin after the selection, hiring, and training of the non-sworn employee. Start time estimated to be after February 11, 2017 with an estimated completion on or before June 2018.
III. SAPD currently has approximately 4,500 gang members and/or associates. The reviewer will begin reviewing all of the gang's active participants and ensure proper documentation supports their inclusion. Additionally, the documentation supports the criterion used for CalGang inclusion. This process will begin after the selection, hiring, and training of the non-sworn employee. Start time estimated to be February to June 2018 with an estimated completion date on or before June 2019.
- Estimated Completion Date: June 2019
- 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.