Report 2016-126 Recommendation 20 Responses
Report 2016-126: California Department of Social Services: Its Caregiver Background Check Bureau Lacks Criminal History Information It Needs to Protect Vulnerable Populations in Licensed Care Facilities (Release Date: March 2017)
Recommendation #20 To: Justice, Department of
To ensure that it is receiving all arrest information from law enforcement agencies, at a minimum, Justice should consider trends in the number of arrest reports each law enforcement agency sends it and the number of reports that it might expect to receive from an agency given the agency's size, location, and reporting history. Whenever Justice identifies a law enforcement agency that it determines may not be reporting all required information, it should request that the agency forward all required arrest information.
6-Month Agency Response
As indicated in the DOJ's initial audit response, the DOJ is not charged with enforcing arrest and disposition-reporting requirements imposed on the courts and local enforcement agencies, nor does it have a program or resources or any practical means of ensuring that the courts and local enforcement agencies report arrests and dispositions in a timely manner. However, the DOJ is continuing to explore options to collect disposition information electronically and remains supportive of all statewide reforms or efforts to identify agency noncompliance with state law.
The only means DOJ has to assist in this effort is by providing outreach/messaging regarding disposition reporting obligations, pursuant to statute, with the focus on training and supporting agencies that utilize the DOJ's electronic disposition reporting services. The DOJ is leveraging its' partnerships with criminal justice association conference and committee venues to reach the criminal justice community more quickly. For example, in November 2017, the DOJ will host two sessions on disposition reporting at the California Law Enforcement Association of Record Supervisors (CLEARS) 44th Annual Training and Technology Seminar.
The DOJ is working to resource and implement the recommendations offered by the CSA, specifically a more complete criminal history repository including staff to provide internal/external training and staff to support electronic disposition reporting agencies.
- Response Date: September 2017
California State Auditor's Assessment of 6-Month Status: Pending
60-Day Agency Response
As indicated in the DOJ's initial audit response, the DOJ is not charged with enforcing arrest and disposition-reporting requirements imposed on the courts and local enforcement agencies, nor does it have a program or resources or any practical means of ensuring that the courts and local enforcement agencies report arrests and dispositions in a timely manner. However, the DOJ has been exploring options to collect disposition information electronically, specifically a new on-line function by which an agency could submit "cite and release" information electronically, and remains willing to participate in any statewide reforms or efforts to identify agency noncompliance with state law.
- Response Date: May 2017
California State Auditor's Assessment of 60-Day Status: Pending
Justice repeats its perspective that it is not responsible for ensuring that courts and local enforcement agencies comply with their reporting obligations. However, as we stated in our original report, Justice is the only entity that is aware of the extent to which courts and law enforcement agencies statewide are reporting and the timeliness of their reporting. Therefore, we continue to believe that Justice needs to participate in any effort to identify noncompliance with state law and remind entities that may not be reporting, or may not be promptly reporting, about their obligations. We look forward to hearing more from Justice in subsequent responses to this recommendation about how it is identifying gaps in the criminal history information it collects and following up with law enforcement agencies to ensure they forward all applicable information.
Agency responses received are posted verbatim.