CALIFORNIA DEPARTMENT OF JUSTICE (7)

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N-2025-139 1i'CLIRANCE �40 REQUIHH) WOK i°II f UROCE'EO CITY CLERK T ATE: JUN p 3 o q i(b LO) chef fb&�, lldr�wl, CALGANG SYSTEM USER AGENCY AGREEMENT L4 MEMORANDUM OF UNDERSTANDING Pursuant to California Code of Regulations, Title 11, Division 1, Section 750.2, the objective of the CalGang database is to provide law enforcement agencies with an accurate, timely, and electronically- generated database of statewide gang-related intelligence information. The CalGang database shall be used as a means of identifying the Node Agencies or User Agencies that supplied the information in the CalGang database. Information from the CalGang database shall not be accessed or used for any reason other than criminal investigative purposes, as permitted under the applicable Department of Justice regulations, and shall not be used for the purpose of documenting immigration status or any other unlawful purpose. The End User Agency agrees to abide by all California Department of Justice and CalGang System operational guidelines. The End User Agency accepts these minimum standards as binding when connecting to any and all CalGang Nodes to which the End User Agency has been granted access. End User Agencies shall maintain data in conformance with all applicable laws, rules, and regulations pertaining to the collection, storage, and dissemination of criminal intelligence information. End User Agencies may establish independent policies and procedures relative to the operation of their CalGang systems as addendum to this document, however the following MINIMUM REQUIREMENTS must be observed. The below minimum requirements are only a summary of the requirements set forth in Cal. Code of Regulations, Title 11, Division 1, Chapter 7.5, and the End User Agency agrees to abide by the requirements as set forth therein. 1. Gang Member Submission Criteria Criminal Street Gang Defined: An organization may be designated as a criminal street gang and entered into the CalGang databased as such only if it meets all of the following as set forth in Cal. Code of Regulations, Title 11, Division 1, Chapter 7.5, section 753, and summarized as follows: The Node Agency or User Agency has reasonable suspicion for making the designation. The Node Agency or User Agency shall document the basis of the reasonable suspicion. The organization must comprise of three or more persons who meet the requirements to be designated as a gang member or associate. The User Agency shall notify the Node Administrator of the organization and request that the organization be designated as a criminal street gang in the CalGang database. The organization must have a common sign, symbol, and/or name. The Node Agency or User Agency shall document the specific sign, symbol, and/or name that is tied to the organization and explain why it is interpreted as belonging to the proposed criminal street gang. The organization or its members collectively or individually engage in or have engaged in a pattern of definable criminal activity. The node agency shall identify the type(s) of crime(s) that were committed and if the members of the organization have collectively or individually been arrested for any offense(s) consistent with gang activity and include that as a part of the documentation. Gang Member or Associate, and Non-Gang Member or Associate, Submission Criteria: No persons under the age of 13 shall be entered into the CalGang database. Initial identification of a gang member or associate shall meet the following requirements as set forth in Cal. Code of Regulations, Title 11, Division 1, Chapter 7.5, section 7524, and summarized below. A minimum of two of the following criteria must be met; • Subject has admitted to being an active gang member or associate. • Subject has been arrested for offenses consistent with usual gang activity. California Department of Justice* Los Angeles County Sheriffs Department*San Bernardino County Sheriff's Department*Orange County District Attorney's Office`Riverside District Attorney's Office*San Diego Police Department*San Luis Obispo Sheriffs Department Rev 1/4/2022