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Home My WebLink AboutCALIFORNIA DEPARTMENT OF JUSTICE (7) 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 • Subject has been identified as an active gang member or associate by a reliable source. • Subject has been seen associating with documented gang members or associate. • Subject has been seen displaying symbols and/or hand signs tied to a specific active criminal street gang. • Subject has been seen at one or more gang related addresses. • Subject has been seen wearing gang clothing or colors that are tied to a specific and active gang. • Subject has been seen with a gang tattoo indicating criminal street gang membership or association. Exception; • Gang location and gang clothing require a third criteria when used to create a new subject profile. 2. Associate Submission Criteria The associate information is entered for the purpose of providing further identification, through an established relationship, of an existing (CalGang system)gang member. There are two mandatory separate submission criteria established for entry of associates into a gang member's record. One of the following criteria must be present: • When the associate is an active gang member within the system; or • When the individual is known to associate with active gang members and the law enforcement officer has established there is a reasonable suspicion the individual is involved in criminal activity or enterprise. The officer's belief must be premised upon reasoning and logic coupled with sound judgment that is based upon law enforcement experience rather than a mere hunch or whim. It is recommended that Agencies entering information into the system on individuals maintain documentation that adequately supports each entry. 3. Physical Security Equipment must be in a secure location to prevent theft, damage, vandalism or sabotage, and to preclude unauthorized access. To prevent unauthorized access from the Internet, users are not permitted to be concurrently connected to the Internet and CalGang. 4. Access Requirements Any law enforcement officer or support staff, subject to character or security clearance by the parent law enforcement agency, of a local, state, or federal law enforcement agency demonstrating a"right to know" and a "need to know" may be provided access to the CalGang database after receiving approved training, by the Node Administrator or the Node Administrator's Designee, and after signing a CalGang User Agreement. Right to Know: The status of being an Agency or a person engaged in a law enforcement activity that, because of official capacity and/or statutory authority, may have access if there is a need to know. The"right to know" shall be in the performance of a law enforcement activity. Need to Know: A state of facts that supports the legitimacy of access to specific intelligence by a person or an Agency with a right to know. The "need to know" shall be pertinent to and necessary to the performance of a specific law enforcement activity. California Department of Justice*Los Angeles County Sheriffs Department*San Bernardino County Sheriffs Department*Orange County District Attorney's Office*Riverside District Attorney's Office*San Diego Police Department*San Luis Obispo Sheriff's Department Rev 1/4/2022 5. Data Dissemination Recipient of information must have a need to know and right to know in performance of a law enforcement function. 6. Photo Input Guidelines All photos to be entered in the CalGang System must be obtained in compliance with applicable local/state/federal guidelines and/or laws relating to obtaining photographs of individuals. Acceptable sources: • Consent • Booking • Evidence • Surveillance With full documentation of the source. 7. Review/Purge Information retained in the CalGang database will be reviewed and validated for compliance. Information that is not validated will be purged from the CalGang database. A record that is deemed to have been entered in error either through challenge or by improper validation, shall immediately be brought to the attention of the Node Administrator for purging. 8. Unauthorized Disclosure Users of the CalGang database are prohibited from unauthorized disclosure of any and all data, training materials, operations manuals, user guides and user manuals. These materials are generally exempt from disclosure under the California Public Records Act. Users who receive requests for information concerning the CalGang database or data stored within the system, under the Public Records Act, should notify Node Administrator. Notwithstanding the above, the User Agency is responsible for compliance with the California Public Records Act and other applicable law, including, but not limited to, responding to requests within the prescribed statutory period. 9. Sanctions The DOJ is responsible for overseeing system discipline and conformity with all applicable state and federal regulations, statutes, and guidelines. Violation of any applicable state and federal regulations, statutes, and guidelines by Users may result in any of the following sanctions. • Letter of censure •Temporarily suspend access to the CalGang database • Revoke access to the CalGang database 10. Signatures This Agreement is effective on the date of the last signature. - L�� ` . rS City of Santa Ana Signature Departme H al Date End User Agency ROBERT RODRIGUEZ Chief of Police Print Name Print Title California Department of Justice*Los Angeles County Sheriffs Department*San Bernardino County Sheriffs 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 Signature Node Administrator Date Captain, Marco A.Soto Los Angeles County Sheriff ATTEST: CITY OF SAN ANA ' k ' L7E;NNfF L. A L ALVARO NUNEZ 1 r City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: I�,ilo J�I-------------- TAMARA BOGOSIAN Senior Assistant City Attorney California Department of Justice*Los Angeles County Sheriffs Department*San Bernardino County Sheriffs 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