Section 756.1 - Written Attestation by a Node Agency or User Agency(a) Attestation Required by the Department. In connection with, or in lieu of, auditing the records or criminal street gang designations of a particular Node Agency or User Agency, the Department may require the Node Agency or User Agency to review any or all of its entries in the CalGang database and provide a written attestation by the head of the Node Agency or User Agency. For entries made prior to the effective date of these regulations, the written attestation shall state that the entries are supported by reasonable suspicion as required by Part 23 of Title 28 of the Code of Federal Regulations. For entries made after the effective date of these regulations, the written attestation shall state that the entries comply with these regulations. The Node Agency or User Agency shall provide to the Department the written attestation required by this section upon request of the Department and within the time period set by the Department.(b) Annual Attestation. Prior to January 1 of each calendar year, Node Agencies and User Agencies shall provide to the Department a written attestation from the head of the Node Agency or User Agency that its entries in the CalGang database made during the immediately preceding reporting period, October 1st - September 30th, comply with these regulations.Cal. Code Regs. Tit. 11, § 756.1
1. New section filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
2. Amendment of subsection (b) filed 8-18-2022; operative 8-18-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33). Note: Authority cited: Section 186.36, Penal Code. Reference: Section 186.36, Penal Code.
1. New section filed 10-22-2020; operative 10/22/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
2. Amendment of subsection (b) filed 8-18-2022; operative 8/18/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).