Section 775.5 - Written Attestation by a 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 User Agency, the Department may require the User Agency to review any or all of its entries in a shared gang database and provide a written attestation by the head of the 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 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 October 15 of each calendar year, User Agencies shall provide to the Department a written attestation from the head of the User Agency that its entries in the shared gang database made during the prior 12-month period comply with these regulations.Cal. Code Regs. Tit. 11, § 775.5
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: 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.