Department Operations Manual

52070.19.8.3 Debriefing Report Disposition The gang investigator shall be responsible for having a copy of the debriefing report placed in the central file confidential folders of the subject (if appropriate) and all other inmates/parolees identified in the report. At the conclusion of the debriefing process and after the subject has initialed the pages or provided any exceptions to the report as defined in this DOM Article, Section 52070.20.8.1.1, the investigator shall place, along with the copy of the debriefing report, a sealed envelope which shall contain any and all original hand written documents, letters, notes, or drawings provided by the subject during the course of the debrief. The investigator shall then have the sealed envelope placed into the subject’s central file confidential folder . The investigator shall place a tracking sheet on the exterior of the sealed envelope to record the name, date, and purpose of any individual opening the envelope. The investigator may keep copies of the documents except for any document normally identi fied as a personal biographical history of the subject’s gang activities. The gang investigator shall immediately send a copy of the debriefing report to the Senior Special Agent. The Senior Special Agent shall file the data for future retrieval and information needs. Additionally, the Senior Special Agent shall route copies of debriefing reports to all other gang coordinators/investigators for their confidential review. The recipient gang investigators shall not duplicate, distribute, or copy the reports and shall return the reports to the Senior Special Agent by first-class mail for disposal. 52070.20

52070.20 Validation Of Gang Affiliates “ Validation ” is the term used to describe the quality control review of gang affiliate identification. “ Validation ” is done to ensure that gang affiliate identifications are in compliance with departmental regulations. 52070.20.1

52070.20.1 Validation Request By Gang Investigator The gang investigator who verifies an inmate ’ s/parolee ’ s gang affiliation and category of involvement shall complete a Form Q, Gang Validation Worksheet (Exhibit “ A ” ), a Form Q-1, Body Markings Diagram (Exhibit “ B ” ), and a Form Q-2, Body Markings Photographs (Exhibit “ C ” ) on the inmate/parolee. The gang investigator shall attach to the completed Q series forms, a copy of the coordinator’s CDC Form 128 -B memorandum with copies of the supporting documentation. This shall be known as a validation package. Prior to submission of a validation package to the OCS, or during the inactive review process, the subject of the investigation shall be interviewed by the IGI or designee and given an opportunity to be heard in regard to the source items used in the validation or inactive review. Inmates shall be given written notice at least 24 hours in advance of the interview. The interview may be held earlier if the inmate waives, in writing, the 24 hour preparation period. All source items referenced in the validation or inactive review shall be disclosed to the inmate at the time of notification. The inmate shall be given copies of all non- confidential documents unless otherwise requested in writing by the inmate. Confidential information used in the validation or inactive review shall be disclosed to the inmate via a CDC Form 1030, Confidential Information Disclosure Form. The interview shall be documented and include a record of the inmate’s opinion on each of the source items used in the validation. Staff shall record this information and provide a written record to the inmate within fourteen (14) calendar days and prior to submission of the validation package to the OCS. The documented interview shall be submitted with the validation package or inactive review to the OCS for consideration in the approval or rejection of the validation or in consideration of the inmate’s continued current active or inactive status. The inmate’s mental health status and/or need for staff assistance shall be evaluated prior to interview. Staff assistance shall be assigned per guidelines set forth in CCR Section 3318. The gang investigator shall forward the validation package to the Senior Special Agent, Gang Intelligence Operations, SSU, or designee to request validation. 52070.20.1.1

52070.20.1.1 Security Of Q Series Forms By Gang Coordinator/Investigator The Q series forms are work products that shall not be placed in the inmate ’ s/parolee ’ s central file. Further, disclosure of the category codes on the Form Q to inmates/parolees or unauthorized persons would adversely impact gang data base security, thereby jeopardizing the security of institutions and safety of individuals. Note : The Q series forms (not filled out) are not considered RESTRICTED. However, once the Q series forms are used to record information regarding inmates/parolees, the forms shall then be classified as RESTRICTED. 52070.20.2

52070.20.2 Validation Review By SSU Gang Intelligence Operations, SSU, shall promptly perform a quality control review of all validation packages received. If the inmate ’ s/parolee ’ s gang affiliation and category of involvement has been properly identified, the identification shall be validated. 52070.20.3

52070.20.3 Validation Action By Senior Special Agent The Senior Special Agent or designee shall promptly document the validation action on a CDC Form 128-B2. The original CDC Form 128-B 2 shall be sent to the originating gang investigator for placement in the inmate ’ s/parolee ’ s central file and a copy shall be sent for transmittal to the inmate/parolee. No gang affiliation shall be considered validated until this process is completed. This paragraph shall not apply to validation actions completed prior to this manual Section being placed into effect. 52070.20.4

52070.20.4 Validation Rejection By Senior Special Agent If the inmate/parolee has not been properly identified as a gang affiliate, the Senior Special Agent or designee shall promptly document on a CDC Form 128-B-2 that the identification does not meet current departmental standards for validation. The CDC Form 128-B2 shall direct that the erroneous CDC Forms 812-A/B and 128-B identifying the inmate/parolee as a gang affiliate be removed from the central file. 52070.20.4.1

52070.20.4.1 Classification And Parole Representative (C&Pr) Or Rpa I (Records Office Administration) Notification The original memorandum shall be sent to the C&PR/RPA I (records office administration) of the originating institution/parole region for inclusion into the inmate ’ s/parolee ’ s central file and a copy shall be sent for transmittal to the inmate/parolee. The C&PR/RPA I (records office administration) shall have the specified documents removed from the central file. 52070.20.4.2

52070.20.4.2 Gang Investigator Notification A copy of the memorandum shall be sent to the originating gang investigator. This copy shall cite the errors and/or deficiencies of the identification and shall contain suggestions about how to meet validation requirements. The validation package shall be returned to the originator along with a copy of the memorandum. 52070.20.5

52070.20.5 C&Pr Responsible For Marking Validation Documents The C&PR shall be responsible for ensuring that each central file document identified and submitted as a source for gang validation is clearly and permanently marked according to its acceptance or rejection on the CDC Form 128B-2. If the CDC Form 128B-2 identifies that the document was accepted as a source for validation, then the C&PR or designee shall mark the document with the statement; “This document meets the validation requirements established in CCR Section 3378.” If the CDC Form 128B-2 identifies that the document was rejected as a source for validation, then the C&PR or designee shall mark the document with the statement; “This document does not meet the validation requirements established in CCR Section 3378. ” 52070.21

52070.21 Inmate/Parolee Appeals Of Gang Identification And/Or Validation Inmates/parolees may appeal their identified and/or validated gang affiliation and category of involvement pursuant to the CCR, Title 15 and the DOM. 52070.22

52070.22 Gang Data Base The restricted gang data base shall be maintained by the Gang Intelligence Operations section, SSU. It shall contain the names and identifiers of CDCR inmates, parolees, dischargees, and others whose central files or other gang files may contain documentation indicative of specified gang affiliation. The gang data base shall be compiled from validated gang identification documents. 52070.22.1

52070.22.1 Gang Data Base Disclosure Departmental gang investigators shall have direct access to the gang data base to assist them with identifying and tracking gang affiliates. Access may be by computer interface, floppy/CD diskette, or hard copy (printout). When requested, departmental gang investigators may be issued a numbered gang data base diskette / CD and/or printout. The recipient shall be responsible for its security. The recipient shall be responsible for immediately returning Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 420 the diskette or printout to the Senior Special Agent, Gang Intelligence Operations section by first-class mail within three (3) days of vacating the gang investigator position or upon instruction of the Senior Special Agent. Newly assigned staff shall be issued their own numbered copies. Gang Intelligence Operations staff and gang investigators shall verbally share gang data base information with departmental personnel and personnel from other criminal justice agencies providing: • The information shall be for intelligence use only. • The identity of the requestor is clearly established. • The requestor has an official need to know. Except as provided for in this DOM Article, the gang data base shall not be disclosed, duplicated, or issued without authorization of the Chief, OCS. 52070.23

52070.23 Critical Case Management System (CCMS) Computer Program The restricted CCMS (pronounced see-miss) computer program is designed for departmental storage and retrieval of criminal intelligence information, including access to the SSU Gang Data Base and/or other gang records. Such access shall be by computer interface or floppy / CD diskette. CCMS shall be programmed not to print out any SSU gang records. 52070.23.1

52070.23.1 CCMS Management Responsibility The Assistant Secretary, Enterprise Information Services (EIS), shall have management responsibility for CCMS computer program installation, maintenance, and modification. The Assistant Secretary, EIS, shall coordinate with the Director, DAPO, the SAC, OCS, and the Senior Special Agent of Gang Intelligence Operations, SSU, regarding CCMS matters. 52070.23.2

52070.23.2 CCMS Use CCMS shall only be used by the DAPO gang investigators and Investigative Services Unit personnel for the storage and retrieval of criminal intelligence file information. 52070.23.2.1

52070.23.2.1 Authorized Data Storage Criminal intelligence files shall contain information only on the activities and associations of: • Individuals who are suspected of being or having been involved in the actual or attempted planning, organizing, threatening, financing, or commission of criminal acts; or are suspected of being or having been involved in criminal activities with known or suspected crime figures. • Organizations, businesses, and groups which are suspected of being or having been involved in the actual or attempted planning, organizing, threatening, financing, or commission of criminal acts; or are suspected of being, or having been, illegally operated, controlled, financed, or infiltrated by known or suspected crime figures. 52070.23.2.2

52070.23.2.2 Unauthorized Data Data excluded from criminal intelligence file storage includes material regarding religious, political, or sexual information which does not relate to criminal conduct. 52070.23.3

52070.23.3 CCMS Security Revised August 9, 2011 Computers or computer terminals that have the CCMS program shall be restricted to DAPO, gang investigators, Investigative Service Unit personnel, and OCS personnel use only. Inmates/parolees shall have no access to a computer or computer terminal that has the CCMS program. The CCMS program shall be only on computers which are protected by a security system approved by the Assistant Secretary, EIS (i.e., Watchdog). In the event of computer failure, the authorized user shall contact the local Associate Information Systems Analyst (AISA) or EIS for assistance. No computer shall be removed from its assigned station for repair or other reason unless the hard drive has been erased and reformatted either by magnet or system commands 52070.24

52070.24 Gang Information Restriction Revised August 9, 2011 Except OCS and as otherwise provided for in DOM, Chapter 6, Article 2 and this DOM Article, there shall be no departmental computer system or program, or other method of data storage, including written lists, which contains gang affiliation and/or gang intelligence information about individuals. 52070.25