Report 2015-130 All Recommendation 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 for Legislative Action

To ensure that CalGang, or any equivalent statewide shared gang database, has an oversight structure that supports accountability for proper database use and for protecting individuals' rights, the Legislature should designate Justice as the state agency responsible for administering and overseeing CalGang or any equivalent statewide shared gang database.

Description of Legislative Action

Assembly Bill 90 (Weber, Chapter 695, Statutes of 2017) establishes the California Department of Justice as the state agency responsible for administering and overseeing any shared gang database in which California law enforcement agencies participate.

Legislative Action Current As-of: October 2017

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

Description of Legislative Action

Legislation has not been introduced to address this specific recommendation.

Legislative Action Current As-of: November 2016

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation for Legislative Action

To ensure that CalGang, or any equivalent statewide shared gang database, has an oversight structure that supports accountability for proper database use and for protecting individuals' rights, the Legislature should require that CalGang or any equivalent statewide shared gang database adhere to federal regulations and relevant safeguards from the state guidelines, including supervisory reviews of database entries and regular reviews of all records.

Description of Legislative Action

Assembly Bill 90 (Weber, Chapter 695, Statutes of 2017) requires shared gang databases to be used and operated in compliance with all applicable state and federal regulations, statutes, and guidelines.

Legislative Action Current As-of: October 2017

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

Description of Legislative Action

AB 2298 (Chapter 752, Statutes of 2016) requires these databases to comply with federal requirements regarding the privacy and accuracy of information in the database and other operating principles for maintaining these databases.

Legislative Action Current As-of: November 2016

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

Recommendation for Legislative Action

To ensure that CalGang, or any equivalent statewide shared gang database, has an oversight structure that supports accountability for proper database use and for protecting individuals' rights, the Legislature should specify that Justice's oversight responsibilities include developing and implementing standardized periodic training as well as conducting—or hiring an external entity to conduct— periodic audits of CalGang or any equivalent statewide shared gang database.

Description of Legislative Action

Assembly Bill 90 (Weber, Chapter 695, Statutes of 2017) requires the California Department of Justice to develop and implement standardized periodic training for all users authorized to enter data in a shared gang database, as well as for all persons with access to the CalGang database.

Legislative Action Current As-of: October 2017

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

Description of Legislative Action

Legislation has not been introduced to address this specific recommendation.

Legislative Action Current As-of: November 2016

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation for Legislative Action

To promote public participation in key issues that may affect California's citizens and to help ensure consistency in the use of any shared gang database, the Legislature should require Justice to interpret and implement shared gang database requirements through the regulatory process. This process should include public hearings and should address adopting requirements for entering and reviewing gang designations, including establishing a retention period for gangs.

Description of Legislative Action

Assembly Bill 90 (Weber, Chapter 695, Statutes of 2017) requires Justice to promulgate regulations governing the use, operation, and oversight of any shared gang database.

Legislative Action Current As-of: October 2017

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

Description of Legislative Action

Legislation has not been introduced to address this specific recommendation.

Legislative Action Current As-of: November 2016

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation for Legislative Action

To promote public participation in key issues that may affect California's citizens and to help ensure consistency in the use of any shared gang database, the Legislature should require Justice to interpret and implement shared gang database requirements through the regulatory process. This process should include public hearings and should address adopting criteria for identifying gang members. These criteria should define which offenses are consistent with gang activity.

Description of Legislative Action

Assembly Bill 90 (Weber, Chapter 695, Statutes of 2017) requires Justice to promulgate regulations governing the use, operation, and oversight of any shared gang database.

Legislative Action Current As-of: October 2017

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

Description of Legislative Action

Legislation has not been introduced to address this specific recommendation.

Legislative Action Current As-of: November 2016

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation for Legislative Action

To promote public participation in key issues that may affect California's citizens and to help ensure consistency in the use of any shared gang database, the Legislature should require Justice to interpret and implement shared gang database requirements through the regulatory process. This process should include public hearings and should address specifying how user agencies will operate any statewide shared gang database, including requiring user agencies to implement supervisory review procedures and periodic record reviews. The user agencies should report the results of the reviews to Justice.

Description of Legislative Action

Assembly Bill 90 (Weber, Chapter 695, Statutes of 2017) requires Justice to promulgate regulations governing the use, operation, and oversight of any shared gang database.

Legislative Action Current As-of: October 2017

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

Description of Legislative Action

Legislation has not been introduced to address this specific recommendation.

Legislative Action Current As-of: November 2016

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation for Legislative Action

To promote public participation in key issues that may affect California's citizens and to help ensure consistency in the use of any shared gang database, the Legislature should require Justice to interpret and implement shared gang database requirements through the regulatory process. This process should include public hearings and should address standardizing practices for user agencies to adhere to the State's juvenile notification requirements, including guidelines for documenting and communicating the bases for juveniles' gang designations.

Description of Legislative Action

Assembly Bill 90 (Weber, Chapter 695, Statutes of 2017) requires Justice to promulgate regulations governing the use, operation, and oversight of any shared gang database.

Legislative Action Current As-of: October 2017

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

Description of Legislative Action

Legislation has not been introduced to address this specific recommendation.

Legislative Action Current As-of: November 2016

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation for Legislative Action

To ensure transparency, the Legislature should require Justice to publish an annual report with key shared gang database statistics—such as the number of individuals added to and removed from the database—and summary results from periodic audits conducted by Justice or an external entity. Further, the Legislature should require Justice to invite and assess public comments following the report's release. Subsequent annual reports should summarize any public comments Justice received and actions it took in response.

Description of Legislative Action

Assembly Bill 90 (Weber, Chapter 695, Statutes of 2017) requires Justice to promulgate regulations governing the use, operation, and oversight of any shared gang database. The regulations must provide for periodic audits by law enforcement agencies and Justice staff to ensure the accuracy, reliability, and proper use of any shared gang database. The results of those audits must be reported to the public.

Legislative Action Current As-of: October 2017

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

Description of Legislative Action

Legislation has not been introduced to address this specific recommendation.

Legislative Action Current As-of: November 2016

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation for Legislative Action

To help ensure that Justice has the technical information it needs to make certain that CalGang or any equivalent shared gang database remains an important law enforcement tool, the Legislature should establish a technical advisory committee to advise Justice about database use, database needs, database protection, and any necessary updates to policies and procedures. The Legislature should specify the qualifications for membership in the technical advisory committee, which should include representatives from local and state agencies that use the shared gang database. Further, it should require that the committee meet at least twice a year and adhere to the Bagley-Keene Open Meeting Act and other relevant open-meeting laws.

Description of Legislative Action

Assembly Bill 90 (Weber, Chapter 695, Statutes of 2017) provides that, commencing January 1, 2018, the CalGang Executive Board will no longer administer or oversee the CalGang database or the shared gang databases that participate in the CalGang database. Justice is required to establish a technical advisory committee with specified members to advise on uses of shared gang databases.

Legislative Action Current As-of: October 2017

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

Description of Legislative Action

Legislation has not been introduced to address this specific recommendation.

Legislative Action Current As-of: November 2016

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation #10 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 best practices based on the requirements stated in the federal regulations, the state guidelines and state law, and advising user agencies on the implementation of those practices. The best practices should include, but not be limited to reviewing criminal intelligence, appropriately disseminating information, performing robust audit practices, establishing plans to recover from disasters, and meeting all of the State's juvenile notification law requirements. Justice should guide the board and the committee to develop these best practices by June 30, 2017.

Annual Follow-Up Agency Response From August 2022

The DOJ disseminated a "CalGang Disaster Recovery" plan to all CalGang Node Administrators. The plan establishes DOJ recommended hardware and software, such as high availability servers, a clustered environment, and local backups. The plan also presents a 16-step "Business Resumption" plan, in the event that there is an interruption to one or more critical information technology applications or technologies.

Completion Date: July 2022

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

The DOJ completed the last step necessary to demonstrate that this recommendation is fully implemented by providing to us its July 2022 disaster recovery plan for CalGang.

Annual Follow-Up Agency Response From August 2021

The Department of Justice Regulations for the Fair and Accurate Governance of the CalGang Database, became effective on October 22, 2020. The regulations mandate a supervisory review of all intelligence prior to entry, regular audits of records and gangs, and provide guidance on notifications and information requests. The DOJ continues to provide workflows, checklists, and guidance to law enforcement agencies on best practices of data integrity and security.

Completion Date: July 2021

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

The regulations DOJ promulgated fulfill most parts of our recommendation related to CalGang. Specifically, the regulations provide counties guidance on reviewing, auditing, and disseminating criminal intelligence, as well as on juvenile notification requirements. However, the regulations do not address, and DOJ do not otherwise provide evidence of, guidance to counties related to disaster recovery plans.

Auditee did not substantiate its claim of full implementation
Auditee did not address all aspects of the recommendation

Annual Follow-Up Agency Response From November 2020

The DOJ continues to facilitate California Gang Node Advisory Committee (CGNAC) meetings and provide guidance on best practices through meetings, various types of correspondence, and training materials. DOJ staff have visited all of the node agencies, established positive working relationships, and conducted on-site inspections to ensure the security of physical records and equipment.

New regulations governing the access and use of CalGang and shared gang databases became effective on October 22, 2020. Prior to implementation of the regulations, the DOJ had already been working to provide training to all current users on the new mandates, system changes, and processes, and will continue to do so after the regulations are in place. The DOJ is diligently working to provide user law enforcement agencies with workflows, checklists, and other materials to ensure proper use of the system.

Estimated Completion Date: October 2021

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

Annual Follow-Up Agency Response From August 2020

Since the last update was provided, the DOJ has actively worked with the Office of Administrative Law and is on track to promulgate regulations governing the access and use of CalGang which will satisfy this requirement, effective October 1, 2020. Until those regulations are in effect, the DOJ continues to facilitate CGNAC meetings; and provide guidance on best practices through meetings, various types of correspondence, and training materials. DOJ staff have visited all of the node agencies, established positive working relationships and conducted on-site inspections to ensure the security of physical records and equipment.

Prior to implementation of the regulations, the DOJ will provide training to all current users on the new mandates, system changes, and processes. The DOJ is diligently working to provide user law enforcement agencies with workflows, checklists, and other materials to ensure proper use of the system.

Estimated Completion Date: October 1, 2020

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

Annual Follow-Up Agency Response From October 2019

Since the last update was provided, the DOJ held several GDTAC meetings and will be promulgating regulations governing the access and use of CalGang, which will satisfy this requirement. The regulations are being delayed due to the high volume of public comments received during both the initial 45-day public comment period and the second 30-day comment period. It has taken DOJ additional time to fully consider and weigh each comment received and to make changes, where applicable, to the regulation packages. Dependent upon the comments received during this period, it is possible that we will need to make additional changes to the regulations, which may prompt an additional comment period. It is important that the DOJ develop the most effective set of regulations possible.

Until those regulations are in effect, the DOJ continues to facilitate California Gang Node Advisory Committee (CGNAC) meetings three times per calendar year; and provide guidance on best practices through meetings, various types of correspondence, and training materials. DOJ staff have visited eight of the nine node agencies to establish better relationships and conduct on-site inspections to ensure the security of physical records and equipment. It is the DOJ's goal to visit all node agencies before year-end and to continue to conduct periodic visits thereafter.

The DOJ continues to stress the importance of protecting personally identifiable information and the integrity of the database. Specifically, in March 2019, the DOJ procured software for all California Node Administrators to securely send large data files to/from external agencies via encrypted attachments when conducting audits. At the May 2019 CGNAC meeting, the DOJ provided an audit standard operating procedure to all Node Administrators based on a comprehensive methodology developed in consultation with the DOJ Research Center.

Estimated Completion Date: 1/1/2020

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

Annual Follow-Up Agency Response From August 2019

Since the last update, DOJ held several GDTAC meetings to draft regulations governing CalGang use and access. DOJ published the rulemaking package on May 10, 2019. DOJ received significant public comment, many of which were incorporated into the proposed regulations text. DOJ published the modified regulations text on July 31, 2019, for a subsequent comment period, which ends on August 31, 2019. Given the need to consider recently submitted comments and make any necessary changes, as well as the review times mandated by OAL and DOF, the DOJ will be unable to meet the January 1, 2020 deadline to publish the regulations.

Until those regulations are in effect, the DOJ continues to facilitate CGNAC meetings three times a calendar year, provide guidance on best practices through meetings, various types of correspondence, and training materials. DOJ staff have visited eight of the nine node agencies to establish better relationships and conduct on-site inspections to ensure the security of physical records and equipment. DOJ's plans to visit all node agencies before year-end and to continue to conduct periodic visits thereafter.

The DOJ continues to stress the importance of protecting personally identifiable information and the integrity of the database. Specifically, in March 2019, the DOJ procured software for all California node administrators to securely send large data files to/from external agencies via encrypted attachments when conducting audits. At the May 2019 CGNAC meeting, the DOJ provided an audit standard operating procedure to all Node Administrators based on a comprehensive methodology developed in consultation with the DOJ Research Center.

Estimated Completion Date: 01/01/2020

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

Annual Follow-Up Agency Response From August 2018

Assembly Bill (AB) 90 (Chapter 695, Statutes of 2017), hereafter referred to as "AB 90", requires Justice (DOJ), with the advice of the Attorney General's Gang Database Technical Advisory Committee (GDTAC), to promulgate regulations governing the use, operation, and oversight of shared gang databases no later than January 1, 2020. These regulations will address many of the concerns outlined in the California State Auditor's (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. In addition, the DOJ must 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 held two GDTAC meetings to discuss regulations drafted by the DOJ, and has attended two California Gang Node Advisory Committee meetings, during which best practices concerning reviewing criminal intelligence information and auditing were reviewed. In addition, the CalGang database now requires users to certify that they have notified individuals, both adults and juveniles, being placed in the database for the first time.

Estimated Completion Date: January 1, 2020

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

1-Year Agency Response

Justice management attended the CalGang Executive Board and California Node Advisory Committee meetings in May 2017. At the meetings, the board and committee advised that they had updated the existing Policy and Procedures for the CalGang System manual to incorporate components identified in the audit recommendations. The new language was voted on and approved by the board. Justice did not review or provide input, but was provided a copy of the updated manual after it was approved and implemented by the board. In addition, the board is working to ensure consistency in juvenile notifications across the user agencies.

At the February 2017 board and committee meetings, the board requested that Justice examine the possibility of modifying the Attorney General's Model Standards and Procedures for Maintaining Criminal Intelligence Files and Criminal Intelligence Operational Activities to note that the document represents best practices, not requirements. In light of the pending legislation, it was determined Justice would postpone the request.

Since the introduction of Assembly Bill (AB) 90 and Senate Bill (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 has begun discussions with the CalGang vendor regarding development of disaster recovery planning.

Justice received funding and position authority from the Legislature for enhancements to the CalGang system with the Fiscal Year (FY) 2017-18 budget; however, Justice will have no authority to implement the recommendations made by the California State Auditor (CSA) until legislation is passed.

Estimated Completion Date: Dependent on enactment of legislation which would grant Justice the authority to execute and enforce the recommendations.
Response Date: August 2017

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

6-Month Agency Response

Justice compiled an internal Cal Gang working group consisting of management and staff from impacted Justice programs that is researching applicable state and federal regulations, law and guidelines, including the California Attorney General's Model Standards and Procedures for Maintaining Criminal Intelligence Files and Criminal Intelligence Operational Activities for future implementation of best practices procedures.

Justice management attended the CalGang Executive Board meetings on September 9, 2016 and February 3, 2017 and the California Node Advisory Committee meeting on February 2, 2017. At the meetings, the committee advised that it had drafted language to modify the existing Policy and Procedures for the CalGang System manual to incorporate the components identified in the audit recommendations. The new language was voted on by the board. The CalGang Executive Board requested that Justice examine the possibility of modifying the Attorney General's Model Standards and Procedures for Maintaining Criminal Intelligence Files and Criminal Intelligence Operational Activities to note that the document represents best practices, not requirements. The Justice working group is reviewing this recommendation from the CalGang Executive Board.

Justice currently has no existing resources, authority or program in place to handle oversight or administration of CalGang; thus, additional resources and funding will be needed to fully implement this recommendation.

Estimated Completion Date: June 30, 2017
Response Date: February 2017

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

60-Day Agency Response

Justice has compiled an internal CalGang working group consisting of management and staff from impacted Justice programs and has begun researching applicable state and federal regulations, law, and guidelines, including the California Attorney General's Model Standards and Procedures for Maintaining Criminal Intelligence Files and Criminal Intelligence Operational Activities.

Justice management also attended the recent CalGang Executive Board meeting on September 9, 2016.

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.

Estimated Completion Date: June 30, 2017
Response Date: October 2016

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

Recommendation #11 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, instructing user agencies that use CalGang to complete a comprehensive review of all the gangs documented in CalGang to determine if they meet the necessary requirements for inclusion and to purge from CalGang any groups that do not meet the requirements. Justice should guide the board and the committee to ensure that user agencies complete this review in phases, with the final phase to be completed by June 30, 2018.

Annual Follow-Up Agency Response From August 2022

Per section 755.8 of The Department of Justice Regulations for the Fair and Accurate Governance of the CalGang Database, all gangs currently in the system will be audited by October 22, 2023. Any gangs that do not meet the requirements will be purged. In January 2021, the DOJ initiated the first annual randomized gang audit and several agencies have already completed their audits. Agencies have until October 22nd of each reporting year to report their results to the DOJ. Results of the gang audits are included in the Attorney General's Annual Report on CalGang in February of the following year. Although the new audit cycle began in year 2021, we consider our response to Recommendation 11 to be fully implemented upon completion of the third year audit (i.e., October 2023), since it is a three-year audit cycle. DOJ has implemented the intent of this recommendation, by including the requirement for agencies to review all gangs in the CalGang database by October 2023, and by documenting this requirement in the above-mentioned regulations. DOJ continues to work with agencies to ensure the regulatory requirement will be met by all agencies by October 2023.

Completion Date: July 2022

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

As we indicated in our previous evaluations of this recommendation, we will consider this recommendation fully implemented when DOJ can demonstrate that all user agencies of CalGang have completed their reviews of the gangs in the database and have purged any gangs that do not meet relevant requirements. As DOJ indicated in its response, this important step to ensuring the validity of CalGang is not anticipated to be completed until October 2023--approximately five years beyond the date our recommendation suggested.

Auditee did not substantiate its claim of full implementation

Annual Follow-Up Agency Response From August 2021

Per section 755.8 of the regulations, all gangs currently in the system will be audited by 2023. Any gangs that do not meet the requirements will be purged. In January 2021, the DOJ kicked off the first annual randomized gang audit and several agencies have already completed their audits. Agencies have until September 10, 2021, to report their results to the DOJ. Results of the gang audits will be included in the Attorney General's Annual Report on CalGang in the beginning of 2022.

Completion Date: January 2021

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

Based on DOJ's response, this recommendation will not be fully implemented until sometime in 2023.

Auditee did not substantiate its claim of full implementation

Annual Follow-Up Agency Response From November 2020

Since the last update, the DOJ has continued to instruct Node Administrators to reach out to their user agencies to review gangs, perform data clean-up efforts, and to begin input of all information that will be required once the regulations become effective. The DOJ also reiterated that gangs that did not meet the necessary requirements should be purged from the CalGang database.

The new regulations require gang audits to be conducted (1) at least once every three years from the effective date of the regulations, (2) within three years of the gang being designated in the CalGang database, or (3) three years from the last audit conducted by the DOJ or user agency self-audit. At the September 2020 CGNAC meeting, a gang audit standard operating procedure was shared with Node Administrators and made available on the California Law Enforcement Web (CLEW) for access to all users.

Together with changes made to the system due to new regulations and larger data clean-up efforts, the DOJ is making changes to the gang pages in the CalGang database, which will help with standardization and ensure that requirements are met and easily audited technologically.

Estimated Completion Date: October 2021

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

Annual Follow-Up Agency Response From August 2020

Since the last update was provided, the DOJ has continued to instruct Node Administrators to reach out to their user agencies to review gangs, perform data clean-up efforts, and to begin system input of all necessary information that will be required once the regulations become effective. The DOJ also reiterated that gangs that did not meet the necessary requirements should be purged.

The regulations, will require gang audits to be conducted (1) at least once every three years from the effective date of the regulations, (2) within three years of the gang being designated in the CalGang database, or (3) three years from the last audit conducted by the DOJ or user agency self-audit.

Together with changes made to the system due to new regulations and larger data clean-up efforts, the DOJ is making changes to the gang pages in the system which will help with standardization and ensure that requirements are met and easily audited within the system. Upon completion of the regulations, DOJ will develop a gang audit standard operating procedure that will be shared with user agencies.

Estimated Completion Date: October 1, 2020

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

Annual Follow-Up Agency Response From October 2019

The DOJ is working with user agencies to complete a comprehensive review of all the documented gangs in CalGang to determine if they meet the member count and reasonable suspicion requirements for inclusion during the thrice-annual CGNAC audits. Specifically, the DOJ held a working session at the September 2019 CGNAC meeting to develop a business action plan to implement California Code of Regulation (CCR) Section 755.6 of the proposed regulations, addressing audits of criminal street gangs.

The proposed regulations define "reasonable suspicion" and require Node Administrators to conduct comprehensive audits of criminal street gangs no less than three times per year. Audits will ensure that there are no fewer than three gang members and that sufficient reasonable suspicion exists and is documented for the criminal street gang. Gangs that have fewer than three members and/or lack sufficient documentation of reasonable suspicion will be purged from the database. Gangs with more than three members shall be audited for sufficient reasonable suspicion documentation every five years from the date of its last audit to ensure that it complies with the criteria set forth by CCR Section 753. Implementation is dependent upon the regulations being approved.

Estimated Completion Date: 1/1/2020

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

Annual Follow-Up Agency Response From August 2019

The DOJ is working with user agencies to complete a comprehensive review of all the documented gangs in CalGang to determine if they meet the count and reasonable suspicion requirements for inclusion during the thrice-annual CGNAC audits. Specifically, the DOJ will hold a working session at the September 2019 CGNAC meeting to develop a business action plan to implement California Code of Regulation (CCR) Section 755.6, audits of criminal street gangs, of the proposed regulations.

The proposed regulations define "reasonable suspicion" and require node administrators to conduct comprehensive audits of criminal street gangs no less than three times per year. Audits will ensure that there are no fewer than three gang members and that sufficient reasonable suspicion exists and is documented for the criminal street gang. Gangs that have fewer than three members and/or lack sufficient documentation of reasonable suspicion will be purged from the database. Gangs with more than three members shall be audited for sufficient reasonable suspicion documentation every five years from the date of its last audit to ensure that it complies with the criteria set forth by CCR Section 753. Implementation is dependent upon the regulation being approved.

Estimated Completion Date: 01/01/2020

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

Annual Follow-Up Agency Response From August 2018

AB 90, also known as the Fair and Accurate Gang Database Act of 2017, went into effect January 1, 2018, and provided the DOJ with the responsibility to "administer and oversee the CalGang database." Since this mandate went into effect, the DOJ has been working with the user agencies to complete a comprehensive review of all the documented gangs within the CalGang database to determine if they meet the requirements for inclusion. These reviews are included during audits conducted by the California Gang Node Advisory Committee, which occur three times per year.

Completion Date: June 2018

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

Justice has demonstrated that the user agencies are evaluating gangs to ensure that those with fewer than three members are removed from CalGang. However, user agencies reviewed data for gang size before the audit and a review of that nature does not address the issue underlying our recommendation. As we state in the audit report, in addition to size, reasonable suspicion is an element that has to be present to justify a gang's inclusion in CalGang. The user agencies have to confirm that reasonable suspicion exists for gangs of all sizes, and Justice has not substantiated that a review of that nature for each gang has taken place.

Auditee did not substantiate its claim of full implementation
Auditee did not address all aspects of the recommendation

1-Year Agency Response

At the California Gang Node Advisory Committee and CalGang Executive Board meeting in May 2017, Justice inquired as to whether a timeline for completion of each phase had been completed and requested a written update on the progress toward completing each review, by node and agency, prior to each quarterly meeting. As of August 2017, neither had been provided. The committee stated that user agencies are reviewing all gangs in CalGang with three or less members and purging those that do not meet the defined gang criteria.

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.

Estimated Completion Date: June 30, 2018
Response Date: August 2017

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

6-Month Agency Response

Justice discussed this recommendation with the attendees at the CalGang Executive Board meeting in September 2016 and recommended that the board establish a plan that would include timelines for each phase of the required review to ensure the completion of this recommendation. At the recent California Gang Node Advisory Committee and CalGang Executive Board meeting in February 2017, Justice inquired as to whether a timeline for completion of each phase has been completed and requested a written update on the progress toward completing each review, by node and agency, prior to each quarterly meeting. The Advisory Committee stated that it is developing a plan to provide for the auditing of records by other user agencies. Agencies discussed obtaining assistance from their internal Audit Divisions to assist in establishing proper audit protocol and procedures.

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.

Estimated Completion Date: June 30, 2018
Response Date: February 2017

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 and recommended that the board establish a plan that would include timelines for each phase of the required review to ensure the completion of this recommendation. Justice will follow-up with the board periodically to discuss progress of this recommendation, provide guidance and feedback, and help to ensure completion of each phase.

Estimated Completion Date: June 30, 2018
Response Date: October 2016

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

Recommendation #12 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, instructing all user agencies to complete a comprehensive review of the records in CalGang to determine if the user agencies have adequate support for the criteria associated with all the individuals they have entered as gang members. If the user agencies do not have adequate support, they should immediately purge the criteria—and, if necessary, the individuals—from CalGang. In addition, the user agencies should ensure that all the fields in each CalGang record are accurate. Justice should guide the board and the committee to ensure that user agencies complete this review in phases, with the final phase to be completed by September 30, 2019.

Annual Follow-Up Agency Response From August 2022

The DOJ recently invoked section 756.1(a) and is requiring a complete review of all records that were in the system on October 20, 2020. Agencies will complete and submit an attestation no later than December 31, 2022, that all of their records are in compliance with 28 CFR. During the review, records must meet the following requirements to remain in the system:

1) Reasonable suspicion exists that a person is a gang member or gang associate per Part 23 of Title 28 of the CFR.

2) A minimum of two criteria in the last five years that are supported by source documents (only the two most recent criteria need to be reviewed).

Records entered into the system after October 22, 2020, are actively being spot checked by the DOJ to remedy training issues and to watch for non-compliance. Additionally, an annual attestation is required per section 756.1(b); Agency heads must attest their entries in the CalGang database in the previous 12-month period to comply with the regulations. Agencies have until December 31, 2022, to submit their attestations. DOJ has implemented the intent of this recommendation, by including the requirement for agencies to review all records in the system on October 20, 2020 and to submit an attestation of review compliance by December 2022. DOJ continues to work with agencies to ensure the regulatory requirement will be met by all agencies by December 2022.

Completion Date: July 2022

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

We will consider this recommendation fully implemented when DOJ can demonstrate that all user agencies of CalGang have completed their reviews of the individuals in the database and have purged the records of any individuals who do not meet relevant requirements. As DOJ indicated in its response, this important step to ensuring the validity of CalGang is not anticipated to be completed until December 2022--approximately three years beyond the date our recommendation suggested.

Auditee did not substantiate its claim of full implementation

Annual Follow-Up Agency Response From August 2021

1) Reasonable suspicion exists that a person is a gang member or gang associate per Part 23 of Title 28 of the CFR.

2) A minimum of two criteria in the last five years that are supported by source documents (only the two most recent criteria need to be reviewed).

Completion Date: July 2021

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

Based on DOJ's response, this recommendation will not be fully implemented until the end of 2022.

Auditee did not substantiate its claim of full implementation

Annual Follow-Up Agency Response From November 2020

The DOJ continues to encourage Node Administrators and agencies to conduct a comprehensive review of CalGang records in addition to completing audits with the DOJ three times per year at CGNAC meetings.

New language in the regulations requires agencies to complete an attestation during the supervisory review which asserts that a new individual or gang record being entered into the CalGang database complies with the requirements for entry. For entries made prior to the effective date of the regulations, the DOJ will have the ability to require an attestation that all entries are supported by reasonable suspicion as required by Part 23 of Title 28 of the Code of Federal Regulations. User agencies will be required to annually submit an attestation to the DOJ that the entries made in the prior year comply with the regulations.

Separate from the promulgation of the regulations, the DOJ has taken other actions to address the accuracy of data in the CalGang database. These efforts include revoking access to entries and data originating from the Los Angeles Police Department (LAPD) in June 2020 after the LAPD acknowledged the extent of inaccurate information found during its internal agency audit. That restriction applies not only to the LAPD but also to all other law enforcement agencies that may access the CalGang database. Moreover, in light of the findings from the LAPD's internal audit, the DOJ strongly encouraged each CalGang user agency to conduct a thorough audit of its own entries and determine whether such entries can be verified and are supported by "reasonable suspicion" that the individual in question is engaged in criminal gang activity. Per its authority under AB 90, in the forthcoming months, the DOJ will be conducting targeted audits of agency entries and practices regarding the CalGang database.

Estimated Completion Date: October 2021

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

Annual Follow-Up Agency Response From August 2020

The DOJ continues to encourage Node Administrators (NA) and agencies to conduct a comprehensive review of CalGang records in addition to completing audits with the DOJ three times a year at CGNAC meetings.

New language in the regulations will require agencies to complete an attestation during the supervisory review that a new individual or gang record being entered into the CalGang database complies with the requirements for entry. For entries made prior to the effective date of the regulations, the DOJ will have the ability to require an attestation that all entries are supported by reasonable suspicion as required by Part 23 of Title 28 of the Code of Federal Regulations. User agencies will be required to annually submit an attestation to the DOJ that the entries made in the prior year comply with the regulations.

Estimated Completion Date: October 1, 2021

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

Annual Follow-Up Agency Response From October 2019

When the DOJ asked Node Administrators (NA) and agencies to conduct a comprehensive review of CalGang records, the San Diego PD completed the review while other NAs and agencies cited a lack of resources. At the September 2019 CGNAC meeting, NAs were asked to estimate the time needed to review all records with current resources.

Regardless of resources, all CalGang NAs are required to complete an annual audit of a statistically valid sample of previously-unaudited records spread across three auditing sessions. Since January 2018, the DOJ and CGNAC have completed five auditing sessions reviewing over 6,000 records, resulting in the purge of approximately 15% of reviewed records.

The 30 gang member records provided in last year's response was a sampling of audit documents from the May 2018 audit meant to illustrate the types of records being reviewed and provide examples of records that "passed" or "failed." This was not a representative sample of records audited. During the May audit of 460 records, 55 records (12%) were removed from the database because they lacked sufficient source documentation. Also noteworthy was that several records were deleted due to an agency's lack of participation in the audits. For example, a few agencies in Kern County no longer enter data and do not provide the source documents. The record could be a legitimate entry without error but because DOJ cannot validate the source, the entire record was purged.

With the new data entry safeguards incorporated, it is believed that new records are less likely to contain errors than older records. For example, one of the safeguards ensures that a minor under 10 years of age cannot be entered into the database. Regular record audits will continue to take place, resulting in a larger number of audited records over time. The DOJ is reviewing records and encouraging agencies to continue to review as many records as possible to ensure accurate and supported data.

Estimated Completion Date: To be determined

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

Annual Follow-Up Agency Response From August 2019

DOJ requested Node Administrators (NA) and agencies to conduct a comprehensive review of CalGang records; San Diego PD completed the review while other NAs and agencies cited a lack of resources. At the September 2019 CGNAC meeting, NAs will be asked to estimate the time needed to review all records with current resources.

The 30 gang member records provided in last year's response was a sampling of audit documents from the May 2018 audit meant to illustrate the types of records being reviewed and provide examples of records that "passed" or "failed." This was not a representative sample of records audited. During the May audit of 460 records, 55 records (12%) were removed from the database because they lacked sufficient source documentation. Also noteworthy was that several records were deleted due to an agency's lack of participation in the audits. For example, a few agencies in Kern County no longer enter data and refuse to provide the source documents. The record could be a legitimate entry without error but because DOJ cannot validate the source, the entire record was purged.

With the new data entry safeguards incorporated, it is believed that new records are less likely to contain errors than older records. For example, one of the safeguards ensures that a minor under 10 cannot be entered into the database. Regular record audits will continue to take place, resulting in a larger number of audited records over time. DOJ is reviewing records and encouraging agencies to continue to review as many records as possible to ensure accurate and supported data.

Estimated Completion Date: To be determined

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

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, operation, and oversight of shared gang databases no later than January 1, 2020. These regulations addresses 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 accuracy, reliability, and proper use of the database, as well as standardized training for all users.

AB 90, effective January 1, 2018, eliminated the CalGang Executive Board and provided DOJ with responsibility to "administer and oversee the CalGang database." The bill further placed a moratorium on the use of the CalGang database until the DOJ certified that user agencies had reviewed their records and purged any record which did not have adequate support.

The Attorney General certified that the reviews had been completed and lifted the moratorium on March 29, 2018. The DOJ continues to work with the California Gang Node Advisory Committee to ensure it is regularly auditing CalGang records, based on a statistically valid sample, to ensure the criteria is adequately supported. Otherwise, the individual and/or the record will be purged from the CalGang database.

Completion Date: March 2018

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

Justice has not provided information to substantiate that all user agencies completed comprehensive reviews of their gang member records and that records were either purged or corrected. Justice informed us that its certification was based on targeting specific gang criteria and reviewing records from a statistical sample, not a comprehensive records review. Justice shared the results of an audit of 30 gang member records performed in May 2018: the audit results reflect that 57 percent of records reviewed [17 of 30] were not supported and needed to be purged from CalGang. This rate of error in the sample confirms that a large number of records in CalGang, despite any reviews that have already taken place, are still erroneous. This recommendation has an implementation due date of September 2019 and the user agencies likely need that time to complete our recommended comprehensive review of their CalGang records.

Auditee did not substantiate its claim of full implementation
Auditee did not address all aspects of the recommendation

1-Year Agency Response

At the California Gang Node Advisory Committee and CalGang Executive Board meetings in May 2017, Justice inquired as to whether a timeline for completion of each phase had been completed and requested a written update on the progress toward completing each review, by node and agency, prior to each quarterly meeting. The committee advised it has established an audit protocol in which a statistically valid sample size of records is to be audited. Currently, the user agencies do not have the resources to complete a comprehensive review of all records in the CalGang system. The committee has not provided a plan for completion to Justice, but members stated that records are being reviewed by user agencies on a quarterly basis.

Estimated Completion Date: Unknown
Response Date: August 2017

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 and recommended that the board establish a plan to ensure the completion of this recommendation, including timelines for each phase of the required review. Justice will follow-up with the board periodically to discuss progress of this recommendation, provide guidance and feedback, and help to ensure completion of each phase.

At the recent California Gang Node Advisory Committee and CalGang Executive Board meetings in February 2017, Justice inquired as to whether a timeline for completion of each phase has been completed and requested a written update on the progress toward completing each review, by node and agency, prior to each quarterly meeting. The Advisory Committee stated that it is developing a plan to provide for auditing by other user agencies.

Estimated Completion Date: September 30, 2019
Response Date: February 2017

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

60-Day Agency Response

Estimated Completion Date: September 30, 2019
Response Date: October 2016

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

Recommendation #13 To: Justice, Department of

Annual Follow-Up Agency Response From August 2021

The DOJ continues to work with the CGNAC to ensure it is regularly auditing CalGang records and gangs. In addition to the regular CGNAC audits, attestations, and gang audits are being mandated and reported to DOJ at regular intervals. DOJ has also implemented a system enhancement that allows agencies to log their audits directly into the system for both records and gangs. This allows the DOJ to run at-will reports to track audit progress and reach out to user agencies who may need assistance.

Additionally, the DOJ continues to remove data from agencies that no longer participate in audits or who have communicated that they no longer participate.

Completion Date: July 2021

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

DOJ regulations require and define various audits of gang and gang member information included within CalGang. These regulations also establish how user agencies will communicate the results of these audits to the DOJ and how DOJ will annually summarize this information. Based on a review of its most recent annual report, it is clear that DOJ has established an adequate reporting mechanism for user agencies to report the results of their audits.

Annual Follow-Up Agency Response From November 2020

The DOJ continues to work with the CGNAC to ensure it is regularly auditing CalGang records and gangs. The DOJ requires user agencies to conduct an audit of a statistically valid sample of records on an annual basis and report the progress and results of this audit approximately every four months. In addition to the attestation language mentioned above, the new regulations also require that "node or user agencies that audit their own records...report their results to the DOJ in writing within 30 calendar days from the date each audit is conducted." Once reported, the results of these audits are immediately reviewed by the DOJ, by confirming that the CalGang record has been changed or deleted from the database

Estimated Completion Date: October 2021

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

Annual Follow-Up Agency Response From August 2020

The DOJ continues to work with the CGNAC to ensure it is regularly auditing CalGang records and gangs. The DOJ requires that user agencies conduct an audit of a statistically valid sample of records on an annual basis and report the progress and results of this audit approximately every four months. In addition to the attestation language mentioned above, the regulations will also require that "node or user agencies that audit their own records...report their results to the DOJ in writing within 30 calendar days from the date each audit is conducted." Once reported, the results of these audits are immediately reviewed by the DOJ by confirming the CalGang record has been changed or deleted from the database.

Estimated Completion Date: October 1, 2020

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

Annual Follow-Up Agency Response From October 2019

The DOJ continues to work with the CGNAC to ensure it is regularly auditing CalGang records to ensure the criteria is adequately supported. The DOJ requires that user agencies conduct an audit of a statistically valid sample of records on an annual basis and report the progress and results of this audit approximately every four months. Going forward, it will be mandated in the regulations that "node or user agencies that audit their own records shall report their results to the Department in writing within 30 calendar days from the date each audit is conducted." Once reported, the results of these audits are immediately reviewed by the DOJ by confirming the record has been changed or deleted from the database. Additionally, AB 90 mandates that, effective January 1, 2020, the annual report shall also include the results from each agency's periodic audits.

Node Administrators provide updates on their gang audits approximately every four months. As mentioned, the DOJ held a working session at the September 2019 CGNAC meeting to develop a business action plan to implement CCR Section 755.6 of the proposed regulations, addressing audits of criminal street gangs. During this working session, the DOJ worked with Node Administrators to standardize reporting practices for progress reports on comprehensive gang review.

Estimated Completion Date: To be determined

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

Annual Follow-Up Agency Response From August 2019

The DOJ continues to work with the CGNAC to ensure it is regularly auditing CalGang records to ensure the criteria is adequately supported. The DOJ requires that user agencies conduct an audit of a statistically valid sample of records on an annual basis and report the progress and results of this audit approximately every four months. Going forward, it will be mandated in the regulations that "node or user agencies that audit their own records shall report their results to the Department in writing within 30 calendar days from the date each audit is conducted." Once reported, the results of these audits are immediately reviewed by the DOJ by confirming the record has been changed or deleted in the database. Additionally, AB 90 mandates that, effective January 1, 2020, the annual report shall also include the results from each agency's periodic audits.

Node Administrators provide updates on their gang audits approximately every four months. As mentioned, the DOJ plans to hold a working session at the September 2019 CGNAC meeting to develop a business action plan to implement CCR Section 755.6, audits of criminal street gangs, of the proposed regulations. During this working session, DOJ will work with Node Administrators to standardize reporting practices for progress reports on comprehensive gang review.

Estimated Completion Date: To be determined

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

Annual Follow-Up Agency Response From August 2018

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." The bill further placed a moratorium on the use of the CalGang database until the DOJ certified that user agencies had reviewed their records and purged any record which did not have adequate support.

The Attorney General certified that the reviews had been completed and lifted the moratorium on March 29, 2018. As such, there is no need for user agencies to report their progress toward completing the reviews. The DOJ continues to work with the California Gang Node Advisory Committee to ensure it is regularly auditing CalGang records, based on a statistically valid sample, to ensure the criteria is adequately supported. Audits are conducted three times per year and the results of these audits are shared with the DOJ.

Completion Date: March 2018

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

We disagree with Justice's assessment that there is no need for user agencies to report their progress. It's apparent from the data that Justice shared from its May 2018 audit that not all records in CalGang are accurate; in fact, the audit confirms the opposite. Many records in CalGang contain errors and the user agencies have more work to do to identify, correct, or purge the erroneous records. This recommendation is designed to hold the user agencies accountable for completing the necessary records reviews, and we suggest that Justice reconsider requiring the user agencies to periodically report their progress.

Auditee did not substantiate its claim of full implementation
Auditee did not address all aspects of the recommendation

1-Year Agency Response

Justice management attended the CalGang Executive Board meeting in May 2017. User agencies are currently using an existing board and committee-approved audit form to capture information for the biannual report. While Justice has not yet received any reports, user agencies were instructed to provide the audit forms to Justice every six months.

Estimated Completion Date: Dependent on enactment of legislation which would grant Justice the authority to execute and enforce the recommendations.
Response Date: August 2017

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. The board and Justice agreed that Justice needs to determine what components should be included in the bi-annual reports. Justice is continuing to hold internal discussions with the CalGang working group to determine what components would be beneficial in tracking progress toward implementation of CSA's recommendation and working on a template for the report. Once Justice determines the components that should be used by all user agencies to help identify and address shortcomings in CalGang's current operations and oversight and report progress of their reviews, Justice will request review and feedback from the board to help ensure a successful implementation.

Justice currently has no existing 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.

Estimated Completion Date: July 1, 2017
Response Date: February 2017

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. The board and Justice agreed that Justice needs to determine what components should be included in the bi-annual reports. Justice is holding internal discussions with the CalGang working group to determine what components would be beneficial in tracking progress toward implementation of CSA recommendations. Once Justice determines the components that should be used by all user agencies to help identify and address shortcomings in CalGang's current operations and oversight and report progress of their reviews, Justice will request review and feedback from the board to help ensure a successful implementation.

Estimated Completion Date: November 30, 2016
Response Date: October 2016

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

Recommendation #14 To: Justice, Department of

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, 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 create and implement standardized training.

Completion Date: March 2018

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

Justice has developed standardized training materials and set a requirement for end users to certify as a CalGang user every two years. This recommendation is satisfied.

1-Year Agency Response

At the California Gang Node Advisory Committee and CalGang Executive Board meetings in May 2017, Justice discussed the progress of this recommendation. The committee advised it had developed standardized training, which was incorporated into the existing mandatory training components.

All CalGang users and training instructors receive the standardized training. All users are required to complete a CalGang End User Security Notification upon completion of training.

Estimated Completion Date: Implemented according to the committee. However, the CSA's recommendation includes a requirement that the training occur periodically. Until the Legislature grants Justice express authority, Justice cannot compel the board and committee to update or develop further training or to implement or enforce the training.
Response Date: August 2017

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. According to the board, there are currently mandatory components used in all agency training. The board will review the mandatory components and develop standardized training for all nodes as well as customized training for each individual node. Justice will review the training prior to implementation.

At the recent California Gang Node Advisory Committee and CalGang Executive Board meetings in February 2017, Justice discussed the progress of this recommendation. At the meeting, the committee advised it has developed standardized training, is on track to implementing by the recommended date, and will send the curriculum to Justice for review.

Justice currently has no existing authority, 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.

Estimated Completion Date: June 30, 2017
Response Date: February 2017

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

60-Day Agency Response

Estimated Completion Date: June 30, 2017
Response Date: October 2016

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

Recommendation #15 To: Justice, Department of

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, operation, and oversight of shared gang databases no later than January 1, 2020. These regulations will address 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.

The Attorney General certified that the reviews had been completed and lifted the moratorium on March 29, 2018. An online certification test was built into the CalGang database requiring all users to take and pass the test once the moratorium was lifted. All CalGang database users are required to take the current recertification online exam every two years.

Completion Date: March 2018

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

Justice has developed standard training and set certification requirements for every two years. This recommendation is implemented.

1-Year Agency Response

At the recent California Gang Node Advisory Committee and CalGang Executive Board meetings in February 2017, Justice discussed the progress of this recommendation. The committee advised that it has established a subcommittee to develop the plan to ensure that every CalGang user is recertified every two years.

According to the board, the two-year recertification training will be built into the CalGang database and any current or new users due for training will need to complete and pass the training, prior to obtaining access. The system will require users to digitally sign a new user agreement at the completion of the training. This digitally signed document will be retained electronically within the database, associated with each user.

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 continue to work with the board and committee until express authority is granted by the Legislature.

Estimated Completion Date: October 1, 2017
Response Date: August 2017

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. The board discussed the possibility of recertification training being done programmatically through the CalGang system. The board will develop the recertification plan and allow Justice to review the plan prior to implementation.

Estimated Completion Date: June 30, 2017
Response Date: February 2017

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

60-Day Agency Response

Estimated Completion Date: June 30, 2018
Response Date: October 2016

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

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.

Completion Date: March 2018

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.

Estimated Completion Date: September 2017
Response Date: August 2017

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.

Estimated Completion Date: Unknown
Response Date: February 2017

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.

Estimated Completion Date: October 31, 2016
Response Date: October 2016

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

Recommendation #17 To: Justice, Department of

1-Year Agency Response

At the California Gang Node Advisory Committee and CalGang Executive Board meetings in February 2017, the board advised Justice that this recommendation has been completed.

Justice confirmed with the vendor, CSRA, that the automatic purge was implemented.

Completion Date: February 2017
Response Date: August 2017

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

In September 2017, one of our information technology auditors met with Justice and its CalGang database vendor (CSRA). Our auditor observed the various edit checks and controls CSRA has put in place as a result of our audit findings. Based on these observations, we agree that this recommendation has been fully implemented.

6-Month Agency Response

Justice management attended the CalGang Executive Board meeting in September 2016. The board and the CalGang vendor have compiled a list of recommendations to ensure that individuals are purged automatically, as necessary. The CalGang vendor is working to assign cost to implementation of its recommendations.

At the recent California Gang Node Advisory Committee and CalGang Executive Board meetings in February 2017, the board advised Justice that this recommendation has been completed.

Completion Date: February 2017
Response Date: February 2017

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

60-Day Agency Response

Estimated Completion Date: To be determined
Response Date: October 2016

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

Recommendation #18 To: Justice, Department of

To promote transparency and hold the board, the committee, and user agencies accountable for implementing and adhering to criminal intelligence safeguards, Justice should post quarterly reports on its website, beginning June 30, 2017, that summarize how it has guided the board and the committee to implement and adhere to criminal intelligence safeguards; the progress the board, the committee, and the user agencies have made in implementing and adhering to these safeguards; the steps these entities still must take to implement these safeguards; and any barriers to the board's and the committee's success in achieving these goals.

Annual Follow-Up Agency Response From August 2018

AB 90 requires the DOJ to publish an annual report on the CalGang database commencing on February 15, 2018, and each year thereafter. The DOJ met its mandate and published the report for year 2018 on the Attorney General's public website. The report is required to include data elements described above including statistical information from the CalGang database. In addition, the DOJ must allow for and invite public comment following the release of the mandated report, which is also facilitated via the Attorney General's public website. This has been implemented - in alignment with AB 90.

Completion Date: June 2018

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

Under AB 90, Justice has mandated oversight of CalGang and must implement regulations by 2020. Since Justice is no longer functioning in an advisory capacity to the board and the committee, which have been dissolved, the issues that this recommendation was meant to addressed have been resolved.

1-Year Agency Response

Justice developed a template for the quarterly reports, to be utilized by user agencies. Justice presented the template at the California Gang Node Advisory Committee and CalGang Executive Board meetings in May 2017. A draft report was prepared and is awaiting approval by the board and committee. This will be included as a discussion item at the September 2017 meetings. If approval is obtained before the September 2017 meeting, the report will be posted to the Attorney General's website.

Estimated Completion Date: Unknown
Response Date: August 2017

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 and discussed this recommendation. The Justice internal CalGang working group will determine the best way to collect the information necessary to compile meaningful reports.

At the recent California Gang Node Advisory Committee and CalGang Executive Board meetings in February 2017, the committee advised that it is developing a plan to provide for auditing by other user agencies. This auditing can be leveraged to provide the information needed for the quarterly reports. Justice is working on a template for the report.

Estimated Completion Date: June 30, 2017
Response Date: February 2017

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

60-Day Agency Response

Estimated Completion Date: June 30, 2017
Response Date: October 2016

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

Recommendation #19 To: Justice, Department of

To promote transparency and encourage public participation in CalGang's meetings, Justice should post summary results from the committee's audits of CalGang records to its website unless doing so would compromise criminal intelligence information or other information that must be shielded from public release.

Annual Follow-Up Agency Response From August 2020

On February 13, 2020, as mandated by AB 90, the DOJ posted its annual report for 2019. The results of the committee's audits were included and will continue to be included each year. The annual report can be found at the link below:

https://oag.ca.gov/calgang/reports

Completion Date: February 2020

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

Annual Follow-Up Agency Response From October 2019

GDTAC meetings concluded in December 2018. Subsequently, the DOJ published proposed CCR Chapters 7.5 and 7.6 on the DOJ and Office of Administrative Law (OAL) websites on May 10, 2019. Public hearings on the regulations were held upon the completion of the 45-day public comment period in Los Angeles on June 26, 2019, and in Sacramento on June 27, 2019. Taking into consideration all of the public comments, the DOJ modified the proposed text of the regulations and published it for a 15-day public comment period on August 1, 2019. The DOJ subsequently extended the comment period an additional 15 days, making August 31, 2019, the last day that comments may be submitted for consideration.

AB 90 mandated that the DOJ publish an annual report on the CalGang database on the department's internet site and this mandate has successfully been met each year. Additionally, AB 90 mandates that, effective January 1, 2020, the annual report shall also include the results from each agency's periodic audits.

The DOJ will begin including the audit results in its 2020 annual report, which will be published by February 15, 2021, and each annual report thereafter.

Estimated Completion Date: 2/15/2021

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

Annual Follow-Up Agency Response From August 2019

Pursuant to AB 90 (2018), the DOJ must promulgate regulations specific to the CalGang database that address periodic audits to ensure the accuracy, reliability, and proper use of the database. The details of conducting audits will be addressed in the regulations. The Department will begin incorporating summaries of the periodic audits after the regulations are in place, as directed by AB 90.

Estimated Completion Date: To be determined

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

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 (GDTAC), to promulgate regulations governing the use, operation, and oversight of shared gang databases no later than January 1, 2020. 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.

To promote transparency and encourage public participation, the GDTAC meetings are subject to the Bagley-Keene Open Meeting Act which requires that meetings are accessible to the public, are noticed in advance, and provide a public comment period during the meeting. The GDTAC also provides an email address to allow for public comments at any time while the GDTAC is in place. The details of posting audit results will be addressed in the regulations.

Estimated Completion Date: January 2020

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

1-Year Agency Response

Justice developed a template for the reporting of these results, to be utilized by user agencies. Justice presented the template at the California Gang Node Advisory Committee and CalGang Executive Board meetings in May 2017. The template is under review by the board and committee. This will be included as a discussion item at the September 2017 meetings.

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 begin filling allocated positions and continue to work with the board and committee until express authority is granted by the Legislature.

Estimated Completion Date: Unknown
Response Date: August 2017

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

6-Month Agency Response

Justice management attended the CalGang Executive Board in September 2016 and discussed this recommendation. It has been determined that the board can provide the necessary information to Justice to be posted on its website.

At the recent California Gang Node Advisory Committee and CalGang Executive Board meetings in February 2017, Justice advised that it is developing a template for the information to be included.

Estimated Completion Date: June 30, 2017
Response Date: February 2017

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

60-Day Agency Response

Estimated Completion Date: June 30, 2017
Response Date: October 2016

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

Recommendation #20 To: Justice, Department of

To promote transparency and encourage public participation in CalGang's meetings, Justice should post the agendas, minutes, and referenced attachments for all future board and committee meetings, as well as all other documents of significance such as letters, memos, or agreements to its website unless doing so would compromise criminal intelligence information or other information that must be shielded from public release.

1-Year Agency Response

Justice will continue working with the CalGang Executive Board to obtain and post the agenda and any referenced attachments at least 10 days prior to each future meeting so they can be posted on the Justice website.

Completion Date: June 2017
Response Date: August 2017

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

Justice's website includes agendas, meeting minutes, and attachments for meetings occurring after the publication of our audit in August 2016.

6-Month Agency Response

Since the September 2016 Board Meeting, Justice obtained and posted the agenda, along with Justice's discussion points prior to the February 2017 CalGang Executive Board meeting. Justice has requested the February 2017 board meeting minutes and attachments so they can be posted on the Justice website.

Estimated Completion Date: On-Going
Response Date: February 2017

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

60-Day Agency Response

Estimated Completion Date: December 31, 2016
Response Date: October 2016

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

Recommendation #21 To: Justice, Department of

To promote transparency and encourage public participation in CalGang's meetings, Justice should post from the past five years, all available agendas, minutes, and referenced attachments from scheduled and ad hoc board and committee meetings, as well as all other documents of significance. Justice should post these materials by October 31, 2016, to its website unless doing so would compromise criminal intelligence information or other information that must be shielded from public release.

1-Year Agency Response

Justice management discussed with Chairman of the CalGang Executive Board at the meetings in September 2016, December 2016, and February 2017. The board has advised that all available documents have been provided to Justice. Justice posted all documents received to the Attorney General's website at https://oag.ca.gov/calgang/meeting.

Completion Date: February 2017
Response Date: August 2017

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

Although Justice's website does not contain any CalGang meeting agendas and minutes for 2015, and is likely missing a number of other meeting agendas and minutes from the previous five years, Justice appears to have made a good faith effort to obtain these documents. The CalGang Executive Board may simply not have retained or prepared these documents.

6-Month Agency Response

Justice management attended the CalGang Executive Board in September 2016 and discussed this recommendation with the board. The board is working to compile available information to provide to Justice to post to its website.

Justice followed up with the Chairman of the CalGang Executive Board requesting the documents and discussed this request at the recent CalGang Executive Board meeting in February 2017. Justice will continue to inquire with the Chairman of the CalGang Executive Board until the documents are provided.

Estimated Completion Date: Unknown
Response Date: February 2017

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

60-Day Agency Response

Estimated Completion Date: October 31, 2016
Response Date: October 2016

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

Recommendation #22 To: Justice, Department of

If Justice believes it needs additional resources to guide the board and the committee to identify and address the shortcomings that exist in CalGang's current operations and oversight, to report on the board and committee's progress in addressing CalGang's shortcomings, and to post necessary information to its website, Justice should take steps to secure the resources it needs.

1-Year Agency Response

Completion Date: July 2017
Response Date: August 2017

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

6-Month Agency Response

Justice will seek funding for six new positions, training, and contract resources for CalGang system improvements.

Estimated Completion Date: Unknown
Response Date: February 2017

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

60-Day Agency Response

Justice will seek funding for new positions, training, and contract resources for system improvements, however Justice is waiting until the Legislature establishes some statewide policy before requesting any additional resources for program improvements.

Estimated Completion Date: Unknown
Response Date: October 2016

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

Recommendation #23 To: Los Angeles Police Department

Until the Los Angeles Police Department receives further direction from the board, the committee, or Justice, it should address the specific deficiencies we found by reviewing the gangs it has entered into CalGang to ensure the gangs meet reasonable suspicion requirements. It should also begin reviewing the gang members it has entered into CalGang to ensure the existence of proper support for each criterion. It should purge from CalGang any records for gangs or gang members that do not meet the criteria for entry. Individuals who are independent from the ongoing administration and use of CalGang should lead this review. The agency should complete the gang and gang member reviews in phases, with the final phase for gangs to be completed by June 30, 2018, and the final phase for gang members to be completed by June 30, 2019.

Annual Follow-Up Agency Response From October 2021

The Los Angeles Police Department (LAPD) has not used the CalGang database since 2020. If LAPD ever uses it in the future, the LAPD will review files of gangs and gang members every year to ensure that they meet the minimum criteria for inclusion in the CalGang database.

Completion Date: October 2021

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

Auditee did not substantiate its claim of full implementation

Annual Follow-Up Agency Response From October 2019

The LAPD continues to review files of gangs and gang members every year to ensure that they meet the minimum criteria for inclusion in the Cal Gang database. All gangs reviewed met criteria for inclusion, otherwise they were removed.

Completion Date: June 2018

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

Los Angeles describes gang and gang member records reviews that it has made, but it has not substantiated that it has reviewed all the records for gang and all gang members. In 2018 Los Angeles described a records review it performed to help lift the CalGang moratorium that was unrelated to the State Auditor's recommendations. It also mentioned periodic audits that revealed erroneous records. Its current response substantiates that Los Angeles continues to review records and find errors in its gang and gang member documentation. However, at this time, we are not confident that Los Angeles has implemented our recommendations and reviewed all of its gangs or all of the gang member records necessary to ensure that CalGang is free of erroneous records.

Auditee did not substantiate its claim of full implementation
Auditee did not address all aspects of the recommendation

Annual Follow-Up Agency Response From October 2018

On January 1, 2018, a moratorium was placed on the use of the Cal/Gang system. This moratorium was put into place as the result of Assembly Bill 90 (2017). The moratorium could not be lifted until the California Department of Justice (DOJ) could certify that the records contained within the database were accurate, and supporting documentation existed for the inclusion. Furthermore, that any records found to be non-compliant were removed from the database. During the review, the Department was found to be in 99% compliance with only one error. The one record, which was found to be non-compliant was removed from the database when the moratorium was lifted. The California Attorney General certified that the review had been completed and lifted the moratorium on March 29, 2018. The Department's Cal/Gang Node Administrator was provided a statistically valid random sample from the DOJ for the Department's population of suspected gang members and associates documented in the Cal/Gang database. The documents were reviewed by law enforcement personnel, that were not Department personnel, for accuracy and they were verified that the minimum criteria for inclusion was met. The Department was found to be in 98% compliance. Two of the records that were reviewed that were non-compliant were deleted by the Department's Cal/Gang Node Administrator. The inspections were reviewed by Department supervisory personnel. Records found to be non-compliant were removed from the database. During these audits, reviews were made of gangs that were in the database to determine if they met the minimum criteria to be entered into the database. Any gangs that didn't meet the minimum criteria were removed from the database. These reviews continue to occur, at a minimum of three times per year. The Department will continue to conduct periodic audits and inspections of Cal/Gang records, both internally as well as in conjunction with the DOJ.

Completion Date: December 2017

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

Los Angeles describes gang and gang member record reviews that it has made, but it has not substantiated that it has reviewed all the records for gangs and all gang members. The activities Los Angeles performed were to help lift the CalGang moratorium and are unrelated to the State Auditor's recommendations. Recent CalGang audits substantiate that Los Angeles's gang records still contain errors. Specifically, the results from Los Angeles's May 2018 CalGang records audit show that one of two gang member records had errors and had to be purged from CalGang. Thus, Los Angeles's review is incomplete and more records in CalGang contain errors. At this time, we are not confident that Los Angeles has implemented our recommendation and reviewed all of its gangs or all of the gang member records necessary to ensure that CalGang is free of erroneous records.

Auditee did not substantiate its claim of full implementation
Auditee did not address all aspects of the recommendation

1-Year Agency Response

CSAO Recommendation 23 (a): Review gang members that have been entered in to Cal/Gang to ensure the existence of proper support for each criterion;

LAPD Action Taken: In progress. A statistically valid sample of gang members was calculated by Audit Division and submitted to the Node Administrator. The Node Administrator utilized a randomizer to select the gang member entries that were inspected.

Three of LAPD's four geographic bureaus have completed their gang member inspections. The fourth bureau's gang member inspection should be completed within the next quarter.

The Department will conduct a review of the findings and may require additional inspections.

CSAO Recommendation 23 (b): Purge from Cal/Gang any records for gangs or gang members that do not meet the criteria for entry;

LAPD Action Taken: Not yet implemented.

After results of the inspections have been reviewed by the Cal/Gang Node Administrator, any gangs or gang members that do not meet the criteria for inclusion in the database will be removed. The Cal/Gang Node Administrator will complete the removal.

CSAO Recommendation 23 (c): Complete gang and gang member reviews in phases with the final phase for gangs to be completed by June 30, 2018;

LAPD Action Taken: In progress.

CSAO Recommendation 23 (d): The final phase [review] for gang members to be completed by June 30, 2019.

LAPD Action Taken: In progress.

Estimated Completion Date: June 30, 2019
Response Date: August 2017

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

6-Month Agency Response

CSAO Recommendation 23 (a): Review gang members that have been entered in to Cal/Gang to ensure the existence of proper support for each criterion;

LAPD Action Taken: In progress. A statistically valid sample size of gang members was calculated by Audit Division and submitted to the Node Administrator. The Node Administrator utilized a randomizer to select the gang member entries that will be inspected. It is anticipated that Bureau inspections will be completed by the end of April 2017. Following the Bureau inspections, the Department will conduct a review of the findings and may require additional inspections.

CSAO Recommendation 23 (b): Purge from Cal/Gang any records for gangs or gang members that do not meet the criteria for entry;

LAPD Action Taken: Not yet implemented.

CSAO Recommendation 23 (c): Complete gang and gang member reviews in phases with the final phase for gangs to be completed by June 30, 2018;

LAPD Action Taken: In progress.

CSAO Recommendation 23 (d): The final phase [review] for gang members to be completed by June 30, 2019.

LAPD Action Taken: In progress.

Estimated Completion Date: June 30, 2019
Response Date: February 2017

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

60-Day Agency Response

The first inspection is anticipated to begin in the fourth quarter of 2016. An inspection matrix was created for this inspection. Once approved by LAPD, the Office of Operations (OO) will be tasked with writing an Operations Order to ensure that Bureau Gang inspection teams conduct inspections. It was determined that a bureau wide, statistically valid sample be utilized for this recommendation and a separate inspection be conducted for juveniles. Results of those inspections will be forwarded to OO and then disseminated to GND.

After results have been reviewed by the Cal/Gang Node Administrator, any gangs or gang members that do not meet the criteria for inclusion in the database will be removed. The Cal/Gang Node Administrator will do removal.

Expanded review and Supervisory responsibilities will be detailed in a revised Special Order related to Special Order No. 15, May 22, 2013, (Cal/Gang System and Gang File Guidelines and Related Subsections). This will include a Department manual update. It is anticipated that the Matrices developed for the inspections will be approved for use at the upcoming bureau meeting in early October 2016.

Estimated Completion Date: June 30, 2018
Response Date: October 2016

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

Recommendation #24 To: Los Angeles Police Department

Until Los Angeles Police Department receives further direction from the board, the committee, or Justice, it should address the specific deficiencies we found by developing or modifying as necessary all its policies and procedures related to CalGang to ensure they align with state law, CalGang policy, the federal regulations, and the state guidelines. In particular, the agency should implement appropriate policies and procedures for entering gangs; performing supervisory reviews of gang and gang member entries; performing periodic CalGang record reviews; sharing CalGang information; and complying with juvenile notification requirements. The agency should complete this recommendation by March 31, 2017.

Annual Follow-Up Agency Response From October 2018

Current Department procedure for the addition of gangs into the database are for a written request to be made by gang officers. This request, which must have supervisory approval, is submitted to the Department's Cal/Gang Node Administrator. The Node Administrator reviews the request and ensures that the minimum criteria have been met for entry. If upon review, the request meets the minimum criteria for entry, the gang is created in the database by the Department's Node Administrator. The gang officers that make the request are then notified that they may proceed to enter suspected gang members and associates following the documented Department policy and procedures. Only the Department's Node Administrator can create a gang within the database.

Periodic reviews of Cal/Gang records are being done in compliance with DOJ standards. These reviews utilize a statistically valid random sample for record review. Records found to be noncompliant are removed by the Department's Cal/Gang Node Administrator.

On August 23, 2016, a Detective Bureau Cal/Gang Proxy Login Notice, and an accompanying Cal/Gang Telephonic Information Request Form (checklist) was written and published for Department use (see attached). On December 14, 2017, the Department published Administrative Order No. 14. 1bis Order addressed the entry of suspected gang members and associates into the database, notification to adults and juveniles of their inclusion in the database, and supervisory review and oversight of these entries. Compliance with both Assembly Bill 2298 (2016) as well as Assembly Bill 90 (2017) is addressed in this Order

Completion Date: December 2017

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

Los Angeles has developed policy and procedures that implement our recommendation.

1-Year Agency Response

CSAO Recommendation 24 (a):

LAPD Action Taken: In progress. A COD Notice titled "Compliance with Assembly Bill 2298 and Penal Code sections 186.34 and 186.35" is pending review by the LAPD Police Commission and Department approval.

CSAO Recommendation 24 (b):

LAPD Action Taken: Expanded review and Supervisory responsibilities will be detailed in a revised Special Order related to Special Order No. 15, May 22, 2013, (Cal/Gang System and Gang File Guidelines and Related Subsections). This will include a Department manual update.

CSAO Recommendation 24 (c):

LAPD Action Taken:

· In progress. Cal/Gang record review in progress.

· Completed. Sharing Cal/Gang information: A Detective Bureau Cal/Gang Proxy Login Notice dated August 23, 2016, and an accompanying Cal/Gang Telephonic Information Request Form (checklist) was written and published for Department use.

· In progress. A revised notification letter has been drafted and is pending Department approval. The revised notification letter contains expanded language, which complies with California state law.

CSAO Recommendation 24 (d):

Department Response: The CGNAC proposed to the Cal/Gang Executive Board that the Attorney Guidelines not be followed in its entirety because of one provision. Specifically, the provision regarding review of all gang members in Cal/Gang by two Police Captains is not feasible. The LAPD will inspect a statistically valid sample of gang members on an annual basis. The Executive Board approved modified policies and procedures regarding this issue at the February 2017 meeting.

Action Taken: In progress.

Estimated Completion Date: September 1, 2017
Response Date: August 2017

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

6-Month Agency Response

CSAO Recommendation 24 (a):Implement appropriate policies and procedures for entering gangs;

LAPD Action Taken: In progress. A COD Notice titled "Compliance with Assembly Bill 2298 and Penal Code sections 186.34 and 186.35" is pending Department approval.

CSAO Recommendation 24 (b):Perform supervisory reviews of gangs and gang member entries;

CSAO Recommendation 24 (c):Implement policies and procedures for performing periodic Cal/Gang record reviews; sharing Cal/Gang information; and complying with Juvenile notification requirements;

LAPD Action Taken:

- In progress. Cal/Gang record review in progress.

- Completed. Sharing Cal/Gang information: A Detective Bureau Cal/Gang Proxy Login Notice dated August 23, 2016, and an accompanying Cal/Gang Telephonic Information Request Form (checklist) was written and published for Department use.

- In progress. The Department is complying with California State law regarding juvenile letter notification requirements. Additionally, a revised notification letter has been drafted and is pending Department approval. The revised notification letter contains expanded language, which complies with California state law.

CSAO Recommendation 24 (d):Recommendation No. 2 should be completed by March 31, 2017. [CSAO recommendation 24 (d) is the same as LAPD Recommendation No. 2 in LAPD's original response].

Action Taken: In progress.

A Chief of Detectives Notice was completed and is awaiting approval for compliance with changes to Penal Code (PC) 186.34 and the creation of PC 186.35. Upon approval of the Notice a Special Order will be completed, which will update Department policy to comply with changes to the law.

Estimated Completion Date: June 30, 2019
Response Date: February 2017

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

60-Day Agency Response

The Department is reviewing Assembly Bill 2298, which will have a direct impact on Cal/Gang policy and procedure related to adults.

There was an overall operational issue with one section of the 2007, California Attorney General's Model Standards and Procedures for Maintaining Criminal Intelligence Files and Criminal Intelligence Operational Activities guidelines. On page 38, section "V" (Auditing and Oversight), two Captains are required to annually audit the operations of the "Criminal Intelligence Section," which is equivalent to LAPDs GED, for compliance with [GED] standards and procedures related to criminal intelligence files and all documentation prepared by the sections.

The California Gang Node Advisory Committee (CGNAC) proposed to the Cal/Gang Executive Board that the Attorney Guidelines not be followed in its entirety because of this one issue. The Executive Board did not vote on this issue at the September 9, 2016, meeting. The next CGNAC meeting is scheduled for January 31, 2017, and this will be revisited.

Estimated Completion Date: March 31, 2017
Response Date: October 2016

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

Recommendation #25 To: Santa Ana Police Department

Until Santa Ana Police Department receives further direction from the board, the committee, or Justice, it should address the specific deficiencies we found by reviewing the gangs it has entered into CalGang to ensure the gangs meet reasonable suspicion requirements. It should also begin reviewing the gang members it has entered into CalGang to ensure the existence of proper support for each criterion. It should purge from CalGang any records for gangs or gang members that do not meet the criteria for entry. Individuals who are independent from the ongoing administration and use of CalGang should lead this review. The agency should complete the gang and gang member reviews in phases, with the final phase for gangs to be completed by June 30, 2018, and the final phase for gang members to be completed by June 30, 2019.

Annual Follow-Up Agency Response From June 2019

The Santa Ana Police Department has addressed the specific deficiencies the State Auditor's Office identified in their audit.

The following updates occurred in Phase II and were completed before the June 30, 2019 deadline:

The Santa Ana Police Department (SAPD) reviewed/analyzed approximately 2,300 criminal street gang member files entered into CalGang. SAPD updated criterion for CalGang inclusion in approximately 2,250 files and removed/purged less than 10 files not meeting gang membership criteria.

*** Verification regarding the above activity requires access to the CalGang database and files. ***

SAPD created and implemented policy and procedures pertaining to CalGang. The policies and procedures were provided to the State Auditor's Office.

SAPD anticipates, and is prepared to update department policy and procedure pending the implementation of any proposed recommendations to CCR, Title 11, Division 1, Chapter 7.5 - DOJ Regulations for the Fair and Accurate Governance of the CalGang Database, which will take effect on January 1, 2020.

Completion Date: June 2019

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

The Santa Ana policy now requires that its police department complete a review of criminal street gangs and gang members. Upon completing this review, the policy requires ongoing review of CalGang records for reasonable suspicion requirements. Santa Ana is affirming that it has completed its initial review and purged records that do not meet the criteria for inclusion in CalGang.

Annual Follow-Up Agency Response From June 2018

The Santa Ana Police Department has addressed the specific deficiencies the State Auditor's Office identified in their audit.

Specifically, the Santa Ana Police Department reviewed/analyzed all 89 criminal street gangs entered into CalGang and ensured they met the reasonable suspicion requirements.

The review/analysis resulted in 19 criminal street gangs either being purged from the database and or removed (assigned to other agencies since the gangs were no longer active in Santa Ana).

As of June 25, 2018 there are 70 Santa Ana criminal street gangs entered in CalGang meeting the reasonable suspicion requirements.

Estimated Completion Date: June 30, 2019

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

1-Year Agency Response

Audit Response - Review of Gangs and Gang Members

I. SAPD hired an employee to carry out the audit recommendations related to the review of gangs and gang members. The employee is now fully integrated and trained in the process and has started the review of criminal street gangs.

Completion Date: August 2017
Response Date: August 2017

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

Annual Follow-Up Agency Response From March 2017

I. The Santa Ana Police Department has hired an employee that will be dedicated to implementing the Cal State Auditor's recommendations.

II. SAPD currently has approximately 100 criminal street gangs. The reviewer will begin reviewing all 100 criminal street gangs to ensure their inclusion into CalGang met the reasonable suspicion requirements and have proper documentation to support their inclusion. This process will begin after the training of the non-sworn employee with an estimated completion on or before June 2018.

III. SAPD currently has in excess of 3,000 gang members and/or associates. The reviewer will begin reviewing all of the gang's active participants and ensure proper documentation supports their inclusion. Additionally, the documentation supports the criterion used for CalGang inclusion. This process will begin after item II has been completed with an estimated completion date on or before June 2019.

Estimated Completion Date: June 30, 2019

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

6-Month Agency Response

I. The Santa Ana Police Department has hired an employee that will be dedicated to implementing the Cal State Auditor's recommendations.

Estimated Completion Date: June 2019
Response Date: February 2017

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

60-Day Agency Response

I. The Santa Ana Police Department is currently conducting a testing process to fill a non-sworn position within the Investigations Bureau. The Department will identify and select a non-sworn employee to be trained on CalGang procedures and review protocols. This employee will not be involved in the current administrative or operational CalGang process. The selection/hiring of the employee should occur within six months/on or before the six month review on February 11, 2017.

II. SAPD currently has approximately 100 criminal street gangs. The reviewer will begin reviewing all 100 criminal street gangs to ensure their inclusion into CalGang met the reasonable suspicion requirements and have proper documentation to support their inclusion. This process will begin after the selection, hiring, and training of the non-sworn employee. Start time estimated to be after February 11, 2017 with an estimated completion on or before June 2018.

III. SAPD currently has approximately 4,500 gang members and/or associates. The reviewer will begin reviewing all of the gang's active participants and ensure proper documentation supports their inclusion. Additionally, the documentation supports the criterion used for CalGang inclusion. This process will begin after the selection, hiring, and training of the non-sworn employee. Start time estimated to be February to June 2018 with an estimated completion date on or before June 2019.

Estimated Completion Date: June 2019
Response Date: October 2016

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

Recommendation #26 To: Santa Ana Police Department

Until Santa Ana Police Department receives further direction from the board, the committee, or Justice, it should address the specific deficiencies we found by developing or modifying as necessary all its policies and procedures related to CalGang to ensure they align with state law, CalGang policy, the federal regulations, and the state guidelines. In particular, the agency should implement appropriate policies and procedures for entering gangs; performing supervisory reviews of gang and gang member entries; performing periodic CalGang record reviews; sharing CalGang information; and complying with juvenile notification requirements. The agency should complete this recommendation by March 31, 2017.

1-Year Agency Response

Audit Response - Policy and Procedure

I. SAPD has fully implemented a policy and procedure for criminal intelligence systems.

II. The policy and procedure are designed to meet the required legal and policy mandates identified in the audit recommendations.

III. SAPD's policy and procedure identifies a systematic process for supervisory review and quality control review of gang and gang member entries into the CalGang system.

IV. The policy and procedure provides specific direction regarding CalGang entries and the adult and juvenile contestation processes.

V. SAPD is communicating the policy and procedure for criminal intelligence systems to all department personnel via internal communication and training platforms.

VI. SAPD will utilize the CalGang system's proxy features to track sharing of CalGang information.

VII. SAPD has developed and disseminated a refresher course regarding the CalGang Proxy Login Function to all current SAPD CalGang users. This function is covered in the CalGang User Certification Course provided by the node administrator. We are currently using an internal training platform to disseminate and track department training communicated electronically.

Completion Date: August 2017
Response Date: August 2017

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

We reviewed Santa Ana's August 2017 procedures and guidelines for shared gang databases, as well as related policies and trainings, and confirmed that this recommendation has been fully implemented as described by the agency in their one-year response.

Annual Follow-Up Agency Response From March 2017

I. The Santa Ana Police Department has developed a policy and procedure for criminal intelligence systems; specifically CalGang.

II. The Santa Ana Police Department's criminal intelligence systems (CalGang) procedure provides process for entering criminal street gangs into CalGang.

III. The Santa Ana Police Department's policy and procedure identifies a systematic process for supervisory review and quality control review of gang and gang member entries into CalGang.

IV. The Santa Ana Police Department will utilize CalGang's proxy feature to track sharing of CalGang information. SAPD CalGang users will receive annual training on this requirement/feature beginning April 2017.

V. The Santa Ana Police Department's juvenile notification forms have been revised to reflect amended law requirements.

VI. The Santa Ana Police Department's Criminal Intelligence Systems (CalGang) Policy and Procedure, and the revised juvenile notification form have been provided to the California State Auditor's Office.

Completion Date: April 2017

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

The criminal intelligence systems policy and procedures Santa Ana shared with us was in draft form. According to the Crimes Against Persons Commander, Santa Ana has implemented the procedures but anticipates modifying the policy and procedures as Santa Ana identifies areas needing improvement. The Commander stated that, once Santa Ana has worked through any issues with the policy and procedures, the Chief of Police will approve it and announce the policy department wide.

6-Month Agency Response

The previous recommendation update indicated completion dates in January 2017. Due to a delay in the hiring of new personnel, the January completion will be delayed until March 31, 2017.

The "Estimated Completion Date" of March 31, 2017 date will remain as our target date.

As of today, the Santa Ana Police Department has hired and assigned a dedicated employee to oversee the recommendations. This will improve the Department's capabilities to complete the recommendations and meet the deadline/target dates.

I. Create policy/procedure for Criminal Intelligence files. This process is already in progress and the fulfillment of this recommendation has an estimated completion date of March 2017.

II. Incorporate into the Lexipol procedure a systematic method for criminal street gang entries into CalGang and establish a supervisory review process for gangs and gang member inclusion. The fulfillment of this recommendation has an estimated completion date of March 2017.

III. Lexipol procedure will create a recurring CalGang entry and document review for gang and gang member entries. The fulfillment of this recommendation has an estimated completion date of March 2017.

IV. A database and/or spreadsheet will be utilized to track any criminal intelligence shared from CalGang by authorized internal and external partners. The fulfillment of this recommendation has an estimated completion date of March 2017.

V. A review of the current juvenile notification form language will be conducted. The fulfillment of this recommendation has an estimated completion date of March 2017.

Estimated Completion Date: March 31, 2017
Response Date: February 2017

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

60-Day Agency Response

I. Identify the appropriate Lexipol policy to use as a foundation for the Department's future policy. Collaborate with the City Attorney's Office to ensure policy align with state law, CalGang policy, the federal regulations, and the state guidelines. This process is already in progress and the fulfillment of this recommendation has an estimated completion date of January 2017.

II. Incorporate into the Lexipol procedure a systematic method for criminal street gang entries into CalGang and establish a supervisory review process for gangs and gang member inclusion. This process is already in progress as well and the fulfillment of this recommendation has an estimated completion date of January 2017.

IV. A database and/or spreadsheet will be utilized to track any criminal intelligence shared from CalGang by authorized internal and external partners. This process will also be included in the Lexipol procedure. The fulfillment of this recommendation has an estimated completion date of March 2017.

V. A review of the current juvenile notification form language will be conducted. A decision on whether to change the language (i.e., list specific activity used for inclusion) will be made to ensure the Department is in full compliance with the law. The fulfillment of this recommendation has an estimated completion date of January 2017.

Estimated Completion Date: March 2017
Response Date: October 2016

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

Recommendation #27 To: Santa Clara County Sheriff's Office

Until Santa Clara County Sheriff's Office receives further direction from the board, the committee, or Justice, it should address the specific deficiencies we found by reviewing the gangs it has entered into CalGang to ensure the gangs meet reasonable suspicion requirements. It should also begin reviewing the gang members it has entered into CalGang to ensure the existence of proper support for each criterion. It should purge from CalGang any records for gangs or gang members that do not meet the criteria for entry. Individuals who are independent from the ongoing administration and use of CalGang should lead this review. The agency should complete the gang and gang member reviews in phases, with the final phase for gangs to be completed by June 30, 2018, and the final phase for gang members to be completed by June 30, 2019.

Annual Follow-Up Agency Response From October 2019

For the past two years, we have not made any new entries to CalGangs system. We have reviewed all files and purged those do not meet the criteria.

Completion Date: June 2019

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

Santa Clara is now affirming that it has completed its review and purged records that do not meet the criteria for inclusion in CalGang.

Annual Follow-Up Agency Response From October 2018

We have completed the purge of gangs entered to the system. We are in the process of completing the final phase for gang members. This will be completed by June 30, 2019

Estimated Completion Date: June 30, 2019

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

The nature of the database precludes Santa Clara from providing us with documentation of gangs it has purged. Short of conducting another audit of Santa Clara's gangs, we have no means of confirming Santa Clara's assertion. Justice has legal authority to follow up on Santa Clara's use of CalGang, and it conducts periodic audits of CalGang records.

1-Year Agency Response

We are currently updating our policies and procedures to ensure we have a clear supervision of the information being entered into the system. The new procedures will also include sending notifications to adults and juveniles as required by law.

We have identified our Records Division as the independent body to review entries. Implementation will begin in early 2018.

Estimated Completion Date: Spring 2018
Response Date: August 2017

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

6-Month Agency Response

WE are currently working on updating our agencies policies and procedures.

Estimated Completion Date: 08/01/2017
Response Date: March 2017

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

60-Day Agency Response

The Sheriff's Office Records Administration will identify a staff member from the Records Division (independent from the ongoing administration). The Records staff member will review the information entered into CalGang and identify records that need to be purged.

Estimated Completion Date: March 2017
Response Date: October 2016

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

Recommendation #28 To: Santa Clara County Sheriff's Office

Until Santa Clara County Sheriff's Office receives further direction from the board, the committee, or Justice, it should address the specific deficiencies we found by developing or modifying as necessary all its policies and procedures related to CalGang to ensure they align with state law, CalGang policy, the federal regulations, and the state guidelines. In particular, the agency should implement appropriate policies and procedures for entering gangs; performing supervisory reviews of gang and gang member entries; performing periodic CalGang record reviews; sharing CalGang information; and complying with juvenile notification requirements. The agency should complete this recommendation by March 31, 2017.

Annual Follow-Up Agency Response From October 2019

New policies and procedures have been implemented to make sure that if any new entries are entered into the Calgangs system they adhere to new regulations.

Completion Date: June 2019

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

Annual Follow-Up Agency Response From October 2018

We currently have the policies and procedures in draft form. We have submitted the policies for review by our county counsel.

Estimated Completion Date: March 2019

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

1-Year Agency Response

Estimated Completion Date: 12/01/2017
Response Date: August 2017

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

6-Month Agency Response

Estimated Completion Date: 08/01/2017
Response Date: March 2017

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

60-Day Agency Response

The Santa Clara County Sheriff's Office Special Operations Division Administration is in the process of updating the existing policies and procedures related to CalGang to ensure we are in alignment with state law, CalGang policy, federal regulations, and the state guidelines.

Estimated Completion Date: March 2017
Response Date: October 2016

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

Recommendation #29 To: Sonoma County Sheriff's Office

Until Sonoma County Sheriff's Office receives further direction from the board, the committee, or Justice, it should address the specific deficiencies we found by reviewing the gangs it has entered into CalGang to ensure the gangs meet reasonable suspicion requirements. It should also begin reviewing the gang members it has entered into CalGang to ensure the existence of proper support for each criterion. It should purge from CalGang any records for gangs or gang members that do not meet the criteria for entry. Individuals who are independent from the ongoing administration and use of CalGang should lead this review. The agency should complete the gang and gang member reviews in phases, with the final phase for gangs to be completed by June 30, 2018, and the final phase for gang members to be completed by June 30, 2019.

6-Month Agency Response

As of December 31, 2016, the Sonoma County Sheriff's Office terminated from CalGang as a user and node administrator. All Sheriff's Office records have been purged from CalGang. Although the Sonoma County Sheriff's Office believes that the CalGang database is a valuable and successful tool in combating gang related crimes, we simply cannot continue to provide unlimited resources towards meeting the recommendations and new legal requirements.

Response Date: January 2017

California State Auditor's Assessment of 6-Month Status: Will Not Implement

As indicated in the Sheriff Office's response, it terminated its use of CalGang.

60-Day Agency Response

The Sonoma County Sheriff's Office is reviewing all aspects of the recommendation and working with the California Gang Node Advisory Committee (CGNAC) and the CalGang Executive Board (CEB). By the next recommendation update, we hope to have a comprehensive plan.

Estimated Completion Date: 6/30/2018
Response Date: October 2016

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

Recommendation #30 To: Sonoma County Sheriff's Office

Until Sonoma County Sheriff's Office receives further direction from the board, the committee, or Justice, it should address the specific deficiencies we found by developing or modifying as necessary all its policies and procedures related to CalGang to ensure they align with state law, CalGang policy, the federal regulations, and the state guidelines. In particular, the agency should implement appropriate policies and procedures for entering gangs; performing supervisory reviews of gang and gang member entries; performing periodic CalGang record reviews; sharing CalGang information; and complying with juvenile notification requirements. The agency should complete this recommendation by March 31, 2017.

6-Month Agency Response

Response Date: January 2017

California State Auditor's Assessment of 6-Month Status: Will Not Implement

As indicated in the Sheriff Office's response, it terminated its use of CalGang.

60-Day Agency Response

The Sonoma County Sheriff's Office is working with the California Gang Node Advisory Committee (CGNAC) and the CalGang Executive Board (CEB). CalGang® Policy is a matter of system-wide import and should come from the CalGang Executive Board so all individual agencies policies and procedures are consistent. A sub-committee was formed to discuss implementation procedures. By the next recommendation update, we hope to have a comprehensive plan.

Estimated Completion Date: 3/31/2017
Response Date: October 2016

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

All Recommendations in 2015-130

Agency responses received are posted verbatim.