Section 772.8 - Supervisory Review Process of Criminal Street Gang Intelligence Data(a) No entry shall be made in a shared gang database unless all related criminal street gang intelligence data is first meaningfully reviewed and approved by the appropriate supervisory classification pertinent to the organizational structure of the User Agency. In addition to the first-level supervisor, the Department encourages entries to be reviewed and approved by the gang unit lieutenant, or equivalent, whenever possible.(b) The supervisory review shall determine whether the proposed entry and underlying documentation complies with these regulations, including, but not limited to, whether the reasonable suspicion requirement was satisfied and whether any criminal street gang intelligence data was obtained in violation of any applicable federal, state, or local law, policy, or ordinance. Any intelligence data obtained in violation of any applicable federal, state, or local law, policy, or ordinance shall not be entered into a shared gang database. (1) When criminal street gang intelligence data is being reviewed for an organization to be designated as a criminal street gang, the supervisory review shall also determine whether the requirements set forth in section 772.4 have been satisfied.(2) The supervisor may review additional legally obtained information and/or supporting documentation to add to the designated criminal street gang in the shared gang database.(c) At the conclusion of the supervisory review and prior to adding the entry to a shared gang database, the reviewing first-level supervisor, or gang-unit lieutenant or equivalent, shall complete a written attestation that the entry complies with these regulations. The criminal street gang's designation in a shared gang database shall include confirmation that the written attestation of the reviewing supervisor was completed.Cal. Code Regs. Tit. 11, § 772.8
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.