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SB-505 Shared gang databases: administration.(2017-2018)

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Date Published: 04/07/2017 04:00 AM
SB505:v98#DOCUMENT

Amended  IN  Senate  April 06, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 505


Introduced by Senator Mendoza

February 16, 2017


An act to add Section 186.36 to Title 14 (commencing with Section 14320) to Part 4 of the Penal Code, relating to criminal gangs.


LEGISLATIVE COUNSEL'S DIGEST


SB 505, as amended, Mendoza. Shared gang databases: administration.
Existing law, the California Street Terrorism Enforcement and Prevention Act, authorizes the keeping and utilization of shared gang databases, defined as having various attributes, including, among others, that the database contains personal, identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate. Existing law provides that a shared gang database includes the CalGang system.
This bill would require the Department of Justice to administer or oversee any shared gang database, as defined, that is funded by the state and in which California law enforcement agencies participate, including, but not limited to, the CalGang system. The bill would provide that the CalGang Executive Board is to cease to administer and oversee the CalGang system and is required to transfer its responsibilities to the Department of Justice. establish the California Gang Intelligence Executive Steering Committee in the Department of Justice, as specified, for the purpose of overseeing and administering the CalGang system, as specified, and assisting the department in developing regulations governing the use, operation, and oversight of shared gang databases operated in the state. The bill would require the committee to meet at least quarterly and to conduct public hearings at least annually to provide opportunities for gathering information and receiving input regarding the work of the committee from concerned stakeholders and the public. The bill would require the committee to post information related to its meetings and significant documents related to its work on an Internet Web site, unless doing so would compromise criminal intelligence information or other information that must be shielded from public release. The bill would provide that the CalGang Executive Board is to cease to administer and oversee the CalGang system.
The bill would require the department, in consultation with the committee, to issue regulations governing the use, operation, and oversight of any shared gang database, and would specify minimum requirements for those regulations. The bill would require the department to oversee shared gang database system discipline, as specified. The bill would require the department to instruct user agencies to review individual records entered into a shared gang database system and to purge records that do not satisfy criteria for entry into the system. The bill would require the department to conduct periodic audits of shared gang databases and to publish summary results of those audits to its Internet Web site, unless doing so would compromise criminal intelligence information or other information that must be shielded from public release. The bill would require the department to publish an annual report regarding key shared gang database statistics and summary results from those audits.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Title 14 (commencing with Section 14320) is added to Part 4 of the Penal Code, to read:

TITLE 14. Shared Gang Databases

14320.
 (a) For the purposes of this title, the following definitions shall apply:
(1) “Committee” means the California Gang Intelligence Executive Steering Committee created by this title.
(2) “Criminal justice agency” means a governmental agency or a subunit of a governmental agency whose primary duties include detention, pretrial release, posttrial release, correctional supervision, and the collection, storage, and dissemination of criminal history record information.
(3) “Criminal street gang” means a group of three or more persons who have a common identifying sign, symbol, or name, and whose members individually or collectively engage in or have engaged in a pattern of definable criminal activity that creates an atmosphere of fear and intimidation within the community.
(4) “Department” means the Department of Justice.
(5) “Law enforcement agency” means a governmental agency or a subunit of a governmental agency that has statutory powers of arrest, and whose primary function is detection, investigation, and apprehension of criminal offenders, and its authorized support staff.
(6) “Shared gang database” means a database that satisfies all of the following:
(A) Allows access for any local law enforcement agency.
(B) Contains personal, identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate.
(C) Is subject to Part 23 of Title 28 of the Code of Federal Regulations. If federal funding is not available to an agency for the maintenance, support, or operation of a database through the federal Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Sec. 3711 et seq.), the requirement of this subparagraph does not apply.
(b) For purposes of paragraph (6) of subdivision (a), a shared gang database does not include dispatch operator reports, information used for the administration of jail or custodial facilities, criminal investigative reports, probation reports, or information required to be collected pursuant to Section 186.30.

14322.
 (a) The California Gang Intelligence Executive Steering Committee is hereby created in the department for the purposes of overseeing and administering the CalGang shared gang database system, and assisting the department in developing regulations governing the use, operation, and oversight of shared gang databases operated in the state.
(b) The CalGang Executive Board shall cease to administer and oversee the CalGang system. The California Gang Intelligence Executive Steering Committee shall oversee and administer the operations of the CalGang system under the authority of the Department of Justice, to the extent permitted by the department, any regulations, policies, or procedures issued or created by the department, and this chapter.
(c) The committee shall consist of nine members and shall reflect, to the extent possible, representation of northern, central, and southern California as well as urban and rural areas.
(d) Each appointee to the committee, regardless of the appointing authority, shall have the following characteristics:
(1) Substantial prior knowledge of issues related to gang intervention, suppression, and prevention efforts.
(2) Decisionmaking authority for, or direct access to, those who have decisionmaking authority for the agency or constituency he or she represents.
(3) A willingness to serve on the committee and a commitment to contribute to the committee’s work.
(e) The membership of the committee shall consist of the following persons:
(1) The Attorney General or his or her designee.
(2) A representative appointed by the California Police Chiefs Association.
(3) A representative appointed by the California State Sheriffs’ Association.
(4) A representative appointed by the California District Attorneys Association.
(5) A representative appointed by the CalGang Node Advisory Committee.
(6) A representative appointed by the California Gang Investigators Association.
(7) A representative appointed by the Speaker of the Assembly from an organization that specializes in privacy rights.
(8) A representative appointed by the Senate Committee on Rules from an organization that specializes in gang intervention and prevention.
(9) A representative appointed by the Governor with expertise in management and operation of database systems.
(f) The committee shall appoint a chairperson from among the members appointed pursuant to subdivision (e). The chairperson shall serve in that capacity at the pleasure of the committee.
(g) Each member of the committee who is appointed pursuant to this section shall serve without compensation.
(h) If a committee member is unable to adequately perform his or her duties or is unable to attend more than three meetings in a single 12-month period, he or she is subject to removal from the board by a majority vote of the full committee.
(i) A vacancy on the committee as a result of the removal of a member shall be filled by the appointing authority of the removed member within 30 days of the vacancy.
(j) The committee may create, at its discretion, subcommittees or task forces to address specific issues. These may include committee members as well as invited experts and other participants.
(k) In the course of performing its duties, the committee shall, when possible, make use of the available resources or research agencies such as the Legislative Analyst’s Office, the California Research Bureau, the California State University system including schools of public policy and criminology, and other similar sources of assistance.
(l) Staff support services for the committee shall be provided by the staff of the department as directed by the Attorney General.
(m) The committee shall maintain an Internet Web site that is publicly accessible. The Internet Web site may be contained within the Internet Web site for the department.
(n) The committee shall meet at least quarterly and shall post on its Internet Web site referenced attachments for all future board and committee meetings, as well as all other documents of significance such as letters, memoranda, and agreements, unless doing so would compromise criminal intelligence information or other information that must be shielded from public release.
(o) At least annually, the committee shall conduct public hearings to provide opportunities for gathering information and receiving input regarding the work of the committee from concerned stakeholders and the public.

14324.
 (a) The department shall, in consultation with the committee and the California Gang Node Advisory Committee, issue regulations governing the use, operation, and oversight of any shared gang database.
(b) The regulations issued by the department shall at a minimum ensure the following:
(1) The system integrity of a shared gang database.
(2) Shared gang databases shall be used and operated in compliance with applicable state and federal regulations, statutes, and guidelines.
(3) All law enforcement agency and criminal justice agency personnel who access a shared gang database shall undergo comprehensive and standardized training on the use of shared gang databases and related policies and procedures.
(4) Proper criteria are established for supervisory reviews of all database entries and regular reviews of records entered into a shared gang database.
(5) Reasonable measures shall be taken to locate equipment related to the operation of a shared gang database in a secure area in order to preclude access by unauthorized personnel.
(6) Law enforcement agencies and criminal justice agencies shall notify the department of any missing equipment that could potentially compromise a shared gang database.
(7) Personnel authorized to access a shared gang database are limited to sworn law enforcement personnel, nonsworn law enforcement support personnel, or noncriminal justice technical or maintenance personnel, including information technology and information security staff and contract employees, who have been subject to character or security clearance and who have received approved training.
(8) Any records contained in a shared gang database shall not be disclosed for employment or military screening purposes.
(9) Any records contained in a shared gang database shall not be disclosed for purpose of enforcing federal immigration law, unless required by state or federal statute or regulation.
(10) The committee shall not discuss or access individual records contained in a shared gang database.
(c) The regulations issued by the department shall include requirements regarding the following:
(1) Entering and review of gang designations.
(2) Criteria for identifying criminal street gang members.
(3) Implementation of supervisory review procedures and periodic record reviews by law enforcement agencies and criminal justice agencies, and reporting of the results of those reviews to the department.
(4) Standardize practices to ensure adherence to adult and juvenile notification requirements.
(5) Retention periods for entries in a shared gang database.

14326.
 (a) The department shall be responsible for overseeing shared gang database system discipline and conformity with all applicable state and federal regulations, statutes, and guidelines.
(b) The department may enforce a violation of a state or federal law or regulation with respect to a shared gang database, or a violation of regulation, policy, or procedure established by the department pursuant to this title by any of the following methods:
(1) Letter of censure.
(2) Temporary suspension of access privileges to the shared gang database system.
(3) Revocation of access privileges to the shared gang database system.
(c) The department shall temporarily suspend access to a shared gang database system or revoke access to a shared gang database system for any individual who shares information from a shared gang database for employment or military screening purposes.
(d) The department shall temporarily suspend access to a shared gang database system or revoke access to a shared gang database system for an individual who shares information from a shared gang database for federal immigration law purposes, unless required by state or federal statute or regulation.
(e) The department shall ensure that the shared gang database user account of an individual is disabled if the individual no longer has a need or right to access a shared gang database because he or she has separated from his or her employment with a user agency or for another reason.

14328.
 (a) The department shall instruct all user agencies to review the records of criminal street gang members entered into a shared gang database to ensure the existence of proper support for each criterion for entry in the shared gang database.
(b) The department shall instruct a user agency to purge from a shared gang database any record for a criminal street gang member that does not meet criteria for entry.
(c) The department shall conduct, or hire an external entity to conduct, periodic audits of shared gang databases to ensure the accuracy, reliability, and proper use of any shared gang database. The department shall post summary results from these audits to its Internet Web site unless doing so would compromise criminal intelligence information or other information that must be shielded from public release.
(d) (1) The department shall publish and make available to the public an annual report with key shared gang database statistics and summary results from periodic audits conducted by the department or an external entity.
(2) Following the publishing and release of an annual report pursuant to paragraph (1), the department shall invite and assess public comments on the report. Subsequent annual reports shall summarize any public comment the department received and any action taken by the department in response.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Sections 14322 and 14328 to the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the safety of the public and of individuals engaged in the investigation of criminal gang activity, it is necessary for that information to remain confidential.
SECTION 1.Section 186.36 is added to the Penal Code, to read:
186.36.

(a)The Department of Justice shall be responsible for administering or overseeing any shared gang database that is funded by the state and in which California law enforcement agencies participate, including, but not limited to, the CalGang system.

(b)For the purposes of this section a “shared gang database” shall have the same meaning as set forth in paragraph (1) of subdivision (a) of Section 186.34.

(c)The CalGang Executive Board shall cease to administer and oversee the CalGang system and shall transfer its responsibilities to the Department of Justice.