Section 771 - User Training(a) User training shall only be conducted by the System Administrator, the System Administrator's Designee, or an instructor certified by the System Administrator or the System Administrator's Designee. Requirements to become a certified instructor are set forth in section 771.4.(b) At a minimum, instruction from the System Administrator, the System Administrator's Designee, or a certified instructor shall address the following:(1) The definitions in section 770.2 and Penal Code section 186.34, with special emphasis on the definitions of "contact," "criminal street gang," "Gang Member or Associate," "reasonable suspicion," "system misuse," and "unauthorized access."(2) The minimum number of criteria in section 771.8 that is required to enter a person as a Gang Member or Associate into a shared gang database as described in section 771.6, a comprehensive description of each criterion, the limitations and restrictions applicable to each criterion, and the documentation required to use each criterion.(3) The applicable federal, state, and local laws, policies, and ordinances governing the gathering of criminal intelligence information by law enforcement agencies, including an overview of title 28 of the Code of Federal Regulations and its relevance to shared gang databases, Government Code section 70615, and Penal Code sections 186.34, 186.35 and 186.36.(4) The physical, administrative, and technical system, hardware and software requirements and data dissemination restrictions directly applicable to Users that prevent unauthorized access to a shared gang database and protect the privacy of persons designated in a shared gang database, including user identification and password policies, and the requirements of section 776.(5) Practical, hands-on system usage, including instruction on how to enter and view information in the shared gang database.(6) Best practices for mitigating the entry and dissemination of false or incorrect information into or from a shared gang database, including the performance of self-audits, as described in section 774.8, and the supervisory review requirements in sections 772.2 and 772.8.(7) How to provide notice pursuant to subdivision (c) of Penal Code section 186.34 and Article 7, how to respond to information requests pursuant to subdivision (d) of Penal Code section 186.34 and Article 8, and how to respond to requests for removal pursuant to subdivision (e) of Penal Code section 186.34 and section 773.6.(8) Description of the retention periods applicable to adult and juvenile persons designated in a shared gang database and the retention periods for records related to the shared gang database, all as described in Article 9.(9) The applicable penalties for system misuse, as described in section 776.6, and the factors used by the Department and the System Administrator in penalty determinations.(10) The impact of releasing data for unauthorized purposes, including, but not limited to, how the unauthorized release of data may affect immigration proceedings and employment, housing, or military screening.(11) The potential positive and negative impacts of collecting data on suspected gang members and associates, on communities impacted by criminal street gangs, and on persons designated in a shared gang database.(12) Implicit bias in policing, taking into account an agency's existing training on that topic.(13) How to share information from a shared gang database through a proxy query request, pursuant to section 770.8.(c) Additional required training may be added by the training instructor or the System Administrator. Additional required training may include, but is not limited to, training on local gangs and the history, patterns, and common symbols, hand signs, addresses, clothing, and colors of local gangs; agency-specific policies such as source document retention; and agency-specific policies regarding recordings by law enforcement such as body camera footage or audio recordings.(d) The Department or the System Administrator may conduct on-site visits, including classroom observation and review of training records, to ensure compliance with this training mandate.(e) The System Administrator shall keep records of all Users who have completed the training requirement set forth in this section and shall provide copies to the Department upon request.Cal. Code Regs. Tit. 11, § 771
1. New article 4 (sections 771-771.4) and 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, 186.35 and 186.36, Penal Code.
1. New article 4 (sections 771-771.4) and 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.