Section 775.2 - Audits of Designated Criminal Street Gangs(a) At least once every three years from the date a criminal street gang was designated in a shared gang database or from the last time an audit was conducted by the Department, the System Administrator, or a User Agency, System Administrators shall complete an audit of that criminal street gang. Within 30 calendar days of completion of the audit, the System Administrator shall report to the Department the results of each audit and the date each designated criminal street gang was audited.(b) Audits of a designated criminal street gang shall ensure that:(1) Reasonable suspicion was present at the time of the criminal street gang's initial designation if the criminal street gang was designated in the shared gang database on or after the effective date of these regulations.(2) The organization satisfies the requirements to be designated as a criminal street gang as set forth in section 772.4 if the criminal street gang was designated in the shared gang database on or after the effective date of these regulations.(3) Sufficient reasonable suspicion exists for the criminal street gang to continue being designated as such in the shared gang database.(c) A designated criminal street gang shall be purged along with its corresponding records from the shared gang database if an audit of that designated criminal street gang is not completed within three years from the last audit or the original designation in the shared gang database, the Department does not receive a report of the results of each audit from the System Administrator for that designated criminal street gang, or an audit determines that the requirements in subdivision (b) are not satisfied.(d) Any designated criminal street gang found to be out of compliance with Article 6, 9, or 10 shall be purged along with its corresponding records from a shared gang database within 30 calendar days of the completion of the audit unless that designated criminal street gang was entered prior to the effective date of these regulations and was in compliance with entry requirements at the time of entry.(e) If a person has more than one record in the shared gang database, only the record associated with a designated criminal street gang being purged shall be removed from the shared gang database.(f) If the System Administrator violates any subdivision of this section, the Department shall take any or all of the actions provided in subdivision (u) of Penal Code section 186.36.(g) The Department shall review the audit(s) and corresponding results for accuracy and compliance.Cal. Code Regs. Tit. 11, § 775.2
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. Note: Authority cited: Section 186.36, Penal Code. Reference: Sections 186.34 and 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.