1. (a) Release of criminal intelligence information in the CalGang database is on a right to know and need to know basis only. Nothing in this subdivision limits the sharing of information in the CalGang database if permitted by section 753.6 or 754, or Penal Code section 186.34 or 186.35.

   1. (1) Criminal intelligence information shall not be made available to researchers outside of the Department's Research Services. The Department's Research Services may use the criminal intelligence for the purposes stated, provided that any material identifying individuals is not transferred, revealed, or used for other than research or statistical activities and reports or publications derived therefrom do not identify specific individuals. The Department's Research Services shall use the criminal intelligence information in the CalGang database for the purposes of:

      1. (A) Conducting empirical research pursuant to subdivisions (l)(2) and (l)(3) of Penal Code section 186.36.
      2. (B) Assisting the Department with audits and data clean-up efforts.
      3. (C) Continuing research to inform the Department's decision-making deliberations and any future regulations pertaining to the CalGang database.
2. (b) Records shall not be attached to or referenced in any report, with the exception of statistical reports pursuant to subdivision (d). When a reference is necessary, the report shall only reflect that the information was obtained from a law enforcement source.
3. (c) Users are not prohibited or restricted from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of a person or from requesting from federal immigration authorities information regarding a person's immigration status, maintaining such information, or exchanging such information with any other federal, state, or local government entity, pursuant to sections 1373 and 1644 of title 8 of the United States Code.
4. (d) All requests for statistics shall be submitted in writing to the Node Administrator and may be released with the approval of the Department. A copy of the request and released statistics shall be forwarded to the Node Administrator and the Department.

Note: Authority cited: Section 186.36, Penal Code. Reference: Sections 186.34, 186.35 and 186.36, Penal Code.

History

1. New article 11 (sections 756.2-756.6) 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.

2. Change without regulatory effect amending subsection (a)(1) filed 5-29-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 22).