Report 2015-130 Recommendation 16 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 #16 To: Justice, Department of

As the Legislature considers creating a public program for shared gang database oversight and accountability, Justice should guide the board and the committee to identify and address the shortcomings that exist in CalGang's current operations and oversight. The guidance Justice provides to the board and the committee should address, but not be limited to, developing policies and procedures requiring the disabling of user accounts for all individuals who no longer have a need to or right to access CalGang because they have separated from their employment with user agencies or for other reasons. Justice should guide the board and the committee to identify and disable all such accounts by September 30, 2016.

Annual Follow-Up Agency Response From August 2018

AB 90 requires the DOJ, with the advice of the Attorney General's Gang Database Technical Advisory Committee, to promulgate regulations governing the use, provisioning and de-provisioning users, operation, and oversight of shared gang databases no later than January 1, 2020. These regulations will address many of the concerns outlined in the CSA's report and include, but are not limited to, system integrity, standardized training, review of entered records, equipment security, access to the database, record disclosure, gang member or associate designation criteria, criteria for designating a criminal street gang, retention and purging of records, notice requirements and requests for removal, etc. In addition, the DOJ must also promulgate regulations specific to the CalGang database that address periodic audits to ensure the accuracy, reliability, and proper use of the database, as well as standardized training for all users.

AB 90, which went into effect on January 1, 2018, eliminated the CalGang Executive Board and provided DOJ with responsibility to "administer and oversee the CalGang database." Since this mandate went into effect, the DOJ has worked with the California Gang Node Advisory Committee to implement a programmatic function in the CalGang database to deactivate users' accounts if there has been no use for 90 days.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

Justice has a user policy that directs user agencies to promptly deactivate accounts, including when individuals are separated from their agencies. Justice also set up a sweep within the database to disable accounts that have been inactive for 90 days.

1-Year Agency Response

Justice researched relevant state and federal policy and incorporated those into policies addressing the deactivation of accounts as necessary. The policies were presented to and accepted by California Gang Node Advisory Committee and CalGang Executive Board at the February 2017 meetings.

At the May 2017 meetings, the board and committee asked Justice to incorporate into the User Account Policy requirements regarding recertification training if the system is not used in a 12-month period and a two-year recertification training requirement for all users. These additional changes will be presented to and approved by the board and committee at the September 2017 meetings.

Additionally, since the introduction of AB 90 and SB 505, both of which would implement the recommendations of the audit, Justice has been involved in conversations with the authors' offices, providing technical guidance and suggestions as to best ways to implement.

Justice received funding and position authority from the Legislature for enhancements to the CalGang system with the FY 2017-18 budget; however, Justice will have no authority to implement the recommendations made by the CSA until legislation is passed. Justice will continue to work with the board and committee until express authority is granted by the Legislature.

California State Auditor's Assessment of 1-Year Status: Pending

6-Month Agency Response

Justice management attended the CalGang Executive Board meeting in September 2016. This recommendation was discussed at the meeting. Justice has researched relevant state and federal policy and incorporated those into draft policies addressing the deactivation of accounts as necessary. The draft is being reviewed by Justice's CalGang working group and upon completion will be submitted to the board for review before the policies and procedures are provided to the user agencies for guidance and implementation.

At the recent California Gang Node Advisory Committee and CalGang Executive Board meetings in February 2017, Justice presented and discussed the proposed policy with the group. The board and committee relayed concerns with the proposed policy and provided suggested revisions. The Justice CalGang working group will review the suggested revisions.

Justice currently has no existing authority, resources or program in place to handle oversight or administration of CalGang, however, Justice has begun dialogue with the board on each recommendation and will do everything possible to begin implementation until additional resources and funding are granted to the department.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

Justice management attended the CalGang Executive Board meeting in September 2016. This recommendation was discussed at the meeting. Justice has researched relevant state and federal policy and incorporated those into draft policies addressing the deactivation of accounts as necessary. The draft is being reviewed internally and upon completion will be submitted to the board for review before the policies and procedures are provided to the user agencies for guidance and implementation.

Justice currently has no existing resources or program in place to handle oversight or administration of CalGang, however, the department has begun dialogue with the board on each recommendation and will do everything possible to begin implementation until additional resources and funding are granted to the department.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2015-130

Agency responses received are posted verbatim.