BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 2298       Hearing Date:    June 21, 2016    
          
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          |Author:    |Weber                                                |
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          |Version:   |May 31, 2016                                         |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|JM                                                   |
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                              Subject:  Criminal Gangs



          HISTORY

          Source:   Youth Justice Coalition; Urban Peace Initiative;  
          PolicyLink

          Prior Legislation:  SB 458 (Wright) - Ch. 797 Stats. of 2013

          Support:  A New path; All of Us or None; Alliance for Boys and  
                    Men of Color; Alliance San Diego; American Civil  
                    Liberties Union; American Friends Service Committee;  
                    Arts for Incarcerated Youth Network; Asian Americans  
                    Advancing Justice - California; Asian Pacific Policy &  
                    Planning Council; Aspire Los Angeles; Bay Area Youth  
                    Summit; Boston-area Youth Organizing Project;  
                    California Immigrant Policy Center; California  
                    Immigrant Youth Justice Alliance; California League of  
                    United Latin American Citizens; Public Interest  
                    Advocacy; The Center for Popular Democracy; Central  
                    American Resource Center-LA; Chance Films; Coalition  
                    for Humane Immigrant Rights of Los Angeles; Community  
                    Coalition; CSA San Diego County; Dream Team Los  
                    Angeles; Drug Policy Alliance; Electronic Frontier  
                    Foundation; Ella Baker Center for Human Rights; Fair  
                    Chance Project; Filipino Migrant Center; Homeboy  
                    Industries; House Keys not Handcuffs; Immigrant  







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                    Defenders Law Center; Immigrant Legal Resource Center;  
                    Immigrant youth Coalition; Inland Empire Immigrant  
                    Youth Coalition; Justice Not Jails; Khmer Girls in  
                    Action; KIWA Workers for Justice; Korean Resource  
                    Center; Law Offices of Chavez and Vigil; Learn  
                    Everything About the Parole Process; Legal Services  
                    for Prisoners with Children; Life After Uncivil  
                    Ruthless Acts; Long Beach Immigrant Rights Coalition;  
                    Los Angeles Brown Berets; Los Angeles Center for Law  
                    and Justice; Loyola Law School of Los Angeles; Mexican  
                    American Legal Defense and Education Fund; Motivating  
                    Individual Leadership for Public Advancement; National  
                    Association of Social Workers, California Chapter;  
                    national Juvenile Justice Network; Orange County  
                    Immigrant Youth United; People Organized for Westside  
                    Renewal; PICO California; PolicyLink; Public Counsel;  
                    Public Law Center; RAIZ; Santa Ana Boys and Men of  
                    Color; San Diego Immigrant Rights Consortium;  
                    Services, Immigrant Rights & Education Network;  
                    Silicon Valley De-Bug; Southwestern Law School;  
                    Teachers Unite; T.R.U.S.T. South Los Angeles; Urban  
                    Peace Institute; University of California Irvine  
                    School of Law; Violence Prevention Coalition; The W.  
                    Haywood Burns Institute; The Women's Foundation of  
                    California; Young Women's Freedom Center; Youth  
                    Justice Coalition


          Opposition:Association of Deputy District Attorneys; California  
                    District Attorneys Association; California Police  
                    Chiefs Association Inc.; California State Sheriffs'  
                    Association;  E3 Research; Fraternal Order of Police;  
                    San Bernardino County Sheriff's Department 

          Assembly Floor Vote:                 42 - 34


          PURPOSE

          The purpose of this bill is to: 1) extend to adults the right to  
          be notified of inclusion in a shared gang database and to seek  
          removal of a person's name and identifying information from the  
          database; 2) require that database operators comply with federal  
          privacy and data accuracy rules, as specified; 3) require that  








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          any person who has not been convicted of a gang-related crime  
          within three years be removed from the data; 4) establish an  
          administrative procedure, with an available superior court  
          appeal, for seeking removal from a gang database; 5) require any  
          agency that utilizes a shared gang database to annually report  
          to the Department of Justice (DOJ) on the number of persons in  
          the database, the number of people in each of the following  
          categories in the previous year - added to the database, sought  
          removal, were granted removal and  automatically removed; and   
          6) require DOJ to annually publish the information on its  
          Website, as specified.

          Existing law defines a "criminal street gang" as any ongoing  
          organization, association, or group of three or more persons . .  
          . having as one of its primary activities the commission of one  
          or more enumerated offenses, having a common name or identifying  
          sign or symbol, and whose members individually or collectively  
          engage in a pattern of criminal gang activity.  (Pen. Code, §  
          186.22, subd. (f).)


          Existing law provides that any person who actively participates  
          in a criminal street gang with knowledge that its members engage  
          in or have engaged in a pattern of criminal gang activity and  
          who promotes, furthers, or assists in any felonious conduct by  
          members of the gang is guilty of an alternate  
          felony-misdemeanor.  (Pen. Code, § 186.22, subd. (a).)

          Existing law provides that any person who is convicted of a  
          felony committed for the benefit of, at the direction of, or in  
          association with any criminal street gang, with the specific  
          intent to promote, further, or assist in criminal conduct by  
          gang members, shall receive a sentence enhancement or specified  
          life term.  (Pen. Code, § 186.22, subd. (b).)

          Existing law provides that any person who is convicted of either  
          a felony or misdemeanor that is committed for the benefit of, at  
          the direction of, or in association with any criminal street  
          gang, with the specific intent to promote, further, or assist in  
          any criminal conduct by gang members, shall be punished by  
          imprisonment in the county jail for up to one year or by 1, 2,  
          or 3 years in state prison.  (Pen. Code, § 186.22, subd. (d).)

          Existing law defines "pattern of criminal gang activity" as the  








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          commission of two or more of enumerated offenses, provided at  
          least one of the offenses occurred after the effective date of  
          the statute and the last of the offenses occurred within three  
          years after a prior offense, and the offenses were committed on  
          separate occasions, or by two or more persons.  (Pen. Code, §  
          186.22, subd. (e).)

          Existing law requires any person who is convicted in criminal  
          court or who has a petition sustained in a juvenile court of one  
          of the specified criminal street gang offenses or enhancements  
          to register with the local Police Chief or Sheriff within 10  
          days of release from custody or within 10 days of his or her  
          arrival in any city, county, or city and county to reside there,  
          whichever is first.  (Pen. Code, § 186.30, subds. (a) & (b).)

          Existing law provides that when a minor has been tried as an  
          adult and convicted in a criminal court or has had a petition  
          sustained in a juvenile court for any of the specified criminal  
          street gang offenses or enhancements, a law enforcement agency  
          shall notify the minor and his or her parent that the minor  
          belongs to a gang whose members engage in or have engaged in a  
          pattern of criminal activity as described.  (Pen. Code, § 186.32  
          (a)(1)(B).)

          Existing law requires the court, at the time of sentencing in  
          adult court or dispositional hearing in juvenile court, to  
          inform any person subject to registration detailed above of his  
          or her duty to register and requires that the parole or  
          probation officer assigned to that person to verify that the  
          person has complied with the registration requirements.  (Pen.  
          Code, § 186.31.)

          Existing law requires local law enforcement to notify a minor  
          and his or her parent or guardian before designating that minor  
          as a gang member, associate, or affiliate in a shared gang  
          database and the basis for the designation.  (Pen. Code §  
          186.34.)  
          
          Existing law authorizes a minor included in a gang data base, or  
          the minor's parent or guardian, to request, with supporting  
          documentation, the relevant  local law enforcement agency to  
          remove the minor's name and information from the database and  
          gives the law enforcement agency 60 days to act on the request.   
          (Pen. Code § 186.34 (c).)








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          Existing law requires local law enforcement to notify a minor  
          and his or her parent or guardian before designating that minor  
          as a gang member, associate, or affiliate in a shared gang  
          database and the basis for the designation.  (Pen. Code §  
          186.34.)  
          
          This bill expands the notice requirement given to minors to  
          include adults, by requiring notice be provided to an adult  
          before designating a person as a suspected gang member,  
          associate, or affiliate in the database. 


          This bill requires databases comply with federal requirements  
          regarding the privacy and accuracy of information in the  
          database, and other operating principles for maintaining these  
          databases. 


          This bill requires local law enforcement, commencing December 1,  
          2017, and every December 1st thereafter to submit specified data  
          pertaining to the database to the Department of Justice, and  
          would require the Department of Justice, commencing January 1,  
          2018, and every January 1st thereafter, to submit a report  
          containing that information to the CalGang Executive Board and  
          to the Legislature. 


          This bill requires that a person designated as a suspected gang  
          member, associate, or affiliate in a shared gang database who  
          has not been convicted of a violation of gang-related crimes, as  
          specified, within three years of the initial designation be  
          removed from the database.


          This bill establishes a procedure for a person designated in a  
          shared gang database to challenge that designation through an  
          administrative hearing and appeal to the superior court as  
          follows:  


             a)   Provides that a person who is listed by a law  
               enforcement agency in a shared gang database as a gang  
               member, suspected gang member, associate, or affiliate may  








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               contest that designation pursuant to this section. The  
               person may contest the designation initially pursuant to  
               this section or a denial as specified. 
             b)   States that the person may request an administrative  
               hearing to review the designation decision. 
             c)   Provides that an administrative hearing shall be held  
               within 90 calendar days following the receipt of a request  
               for an administrative hearing. The person requesting the  
               hearing may request one continuance, not to exceed 21  
               calendar days.
             d)   States that the administrative hearing shall be  
               conducted in accordance with written procedures established  
               by the agency. The hearing shall provide an independent,  
               objective, fair, and impartial review of a contested  
               designation.
             e)   Provides that the agency shall appoint or contract with  
               qualified examiners or administrative hearing providers  
               that employ qualified examiners to conduct the  
               administrative hearings. Examiners shall demonstrate those  
               qualifications, training, and objectivity necessary to  
               conduct a fair and impartial review. 
             f)   States that the examiner's decision following the  
               administrative hearing may be personally delivered to the  
               person by the examiner or sent by first-class mail, and, if  
               the designation is not canceled, shall include a written  
               reason for that denial.
             g)   Provides that within 30 calendar days after the mailing  
               or personal delivery of the examiner's decision, the person  
               may seek review by filing an appeal to be heard by the  
               superior court where the appeal shall be heard de novo. A  
               copy of the notice of appeal shall be served in person or  
               by first-class mail upon the agency by the person. 
             h)   Provides that the law enforcement agency has the burden  
               of demonstrating active gang membership, associate status,  
               or affiliate status to the court by clear and convincing  
               evidence.
             i)   States that a successful challenge to the designation  
               shall result in the removal of the person from the shared  
               gang database.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  








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          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:








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              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS

          1.Need for This Bill

          According to the author:  


               In 2013 the enactment of SB 458 (Wright) gave a youth  
               under 18 and his or her parent or guardian the right  
               to be notified if they were added to a gang file and  
               to challenge their designation.  In just two years  
               since the passing of SB 458, the number of people on  
               the CalGang Database has dropped from nearly 202,000  
               to approximately 150,000. 

               As an indication of how powerful transparency is in  
               achieving fair and accurate implementation, AB 2298  
               continues the work of SB 458 by 1) Extending to adults  
               the current requirement that youth under 18 be given  
               notice as well as an opportunity to contest inclusion  
               in a shared gang database; 2) Removing individuals  
               from the gang database after three years without a  
               convicted violation of California's Street Terrorism  
               Enforcement and Prevention Act; and 3) Requiring that  
               the California Department of Justice (DOJ) post an  
               annual local law enforcement data reports on gang  
               databases.









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               Most important, for youth and young adults that police  
               suspect of gang membership or association, they and  
               their families should be both notified and flooded  
               with intervention resources and other supports.   
               Instead, the continued secrecy of CalGang and the  
               increased surveillance and police contact it triggers,  
               actually eliminate a vital and early opportunity to  
               prevent victimization, injury, incarceration and  
               death.  In fact, CalGang and similar efforts exclude  
               people and their families from the community when they  
               most need that connection and support.

          2.History of Shared Gang Databases
          
          In 1987, the Los Angeles County Sheriff's Department developed  
          the Gang Reporting, Evaluation and Tracking System (GREAT), the  
          nation's first gang database.  "Before GREAT existed, police  
          departments collected information on gang members in locally  
          maintained files, but could not access information that had been  
          collected by other law enforcement agencies."  (Stacey Leyton,  
          The New Blacklists: The Threat to Civil Liberties Posed by Gang  
          Databases (a chapter in Crime Control and Social Justice: The  
          Delicate Balance, edited by Darnell F. Hawkins, Samuel L. Myers  
          Jr. and Randolph N. Stone, Westport, CT, 2003.  The African  
          American Experience, Greenwood Publishing Group, Mar. 27, 2013.   
          Using GREAT, local law enforcement could collect, store,  
          centralize, analyze, and disperse information about alleged gang  
          members.

          In 1988, the Legislature passed the Street Terrorism Enforcement  
          and Prevention (STEP) Act, asserting California to be "in a  
          state of crisis? caused by violent street gangs whose members  
          threaten, terrorize and commit a multitude of crimes against the  
          peaceful citizens of their neighborhoods."  (Pen. Code, § 186.21  
          (1988).)  The STEP Act established the nation's first  
          definitions of "criminal street gang," "pattern of criminal gang  
          activity," and codified penalties for participation in a  
          criminal street gang.

          In 1997, less than a decade after the regional GREAT database  
          was first created, the regional GREAT databases were integrated  
          into a new unified statewide database, CalGang, with the goals  
          of making the database easier to use and less expensive to  
          access.   CalGang operates pursuant to the 1968 Omnibus Crime  








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          Control and Safe Streets Act, which requires that "all criminal  
          intelligence systems ? are utilized in conformance with the  
          privacy and constitutional rights of individuals."   

          3.Required Parental Notification of a Minor's Duty to  
            Register as a Gang Member
          
          Prior to 2013, if a minor was tried as an adult and  
          convicted, or had a petition sustained in a juvenile court,  
          his or her parent or guardian was required to be notified  
          of a requirement to register with a local sheriff's office  
          upon release from custody or moving to a new city or  
          county.  (Pen. Code, § 186.32, subd. (a)(1)(B).)  Parents  
          were notified when a minor was designated in the CalGang  
          database as a suspected gang member, associate, or  
          affiliate.  Although a conviction or declaration of  
          wardship was not required for a minor to be placed in the  
          CalGang database, serious consequences to the minor could  
          flow from that action.

          SB 458 (Wright), Chapter 797, Statutes of 2013 required a  
          local law enforcement agency to notify any person under 18  
          years of age and his or her parent or guardian of the  
          minor's designation in a shared gang database and the basis  
          for the designation before the minor was designated as a  
          suspected gang member, associate or affiliate in a shared  
          gang database, regardless of conviction status.

          4.Application of Shared Gang Databases
          
          The CalGang system is accessed by over 6,000 law enforcement  
          officers in 58 counties.  The database tracks 200 data fields  
          including name, address, physical information, social security  
          number, and racial makeup and records all encounters police have  
          with the individual.  (Leyton, supra, at 113.)  CalGang is a  
          web-based intranet system accessible by police departments by  
                 way of computer, telephone, and web browser that allows law  
          enforcement to check an individual's record in real time.  
          (Ibid.)  For example, qualified law enforcement personnel may  
          sign on to the CalGang database from a laptop in their patrol  
          car and locate a source document regarding a specific individual  
          about whom law enforcement seeks information.

          Concerns have been raised regarding the secrecy of the CalGang  








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          database and the accuracy of records entered into CalGang.  For  
          example, in 1999, then-Attorney General Bill Lockyer described  
          the database as "mix[ing] verified criminal history and gang  
          affiliations with unverified intelligence and hearsay evidence,  
          including reports on persons who have committed no crime."   
          "This database," he went on "cannot and should not be used, in  
          California or elsewhere, to decide whether or not a person is  
          dangerous or should be detained."  (Ibid.)  Moreover, with  
          201,094 people currently listed on CalGang, community groups  
          have expressed concern about transparency, accountability,  
          notification, release of information to policy makers and the  
          public, and independent evaluations regarding the effectiveness  
          of such shared databases in reducing crime.   

          Youth Justice Coalition states that CalGang "dramatically  
          expands the criminalization of individuals and communities"  
          noting that the database is used routinely to determine who  
          should be served with civil gang injunctions, given gang  
          enhancements during sentencing and targeted for saturation  
          policing.  With no notification system, community members say,  
          CalGang has become a "secret surveillance tool," for monitoring  
          children.  This system dramatically impacts the way those  
          children are seen and treated by law enforcement without  
          notifying families who may wish to intervene, move to a new  
          neighborhood or place their child into an intervention program.   
          (Id.)  Although the exact number of minors designated is  
          unknown, approximately 10% of those listed on the CalGang  
          database are 19 years of age or younger.  (Id.)

          Law enforcement representatives, however, have emphasized that  
          any records which are not modified by the addition of new  
          criteria for five years will be purged.  Thus, a person need  
          only avoid gang-qualifying criteria for five years to ensure  
          that he or she will be stricken from the database.

          However, as a practical matter, it may be difficult for a minor,  
          or a young-adult, living in a gang-heavy community to avoid  
          qualifying criteria when the list of behaviors includes items  
          such as "is in a photograph with known gang members," "name is  
          on a gang document, hit list or gang-related graffiti" or  
          "corresponds with known gang members or writes and/or receives  
          correspondence."  In a media-heavy environment, replete with  
          camera phones and social network comments, it may be challenging  
          for a teenager aware of the exact parameters to avoid such  








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          criteria, let alone a teenager unaware of he or she is being  
          held to such standards.





          5.Criminal Intelligence Systems
          
          According to the United States Code of Federal Regulations,  
          title 28, section 23, a Criminal Intelligence System is allowed  
          to collect the names of individuals or organizations not  
          reasonably suspected of involvement in criminal activity, as  
          "noncriminal identifying information" if the information relates  
          to the identification of a criminal subject or criminal  
          activity.  The broad definition of criminal activity allows the  
          database to maintain identifying information of many people,  
          whether or not they have been involved in gang activity.   
          According to the Criminal Intelligence Systems website, the  
          stated qualifications limit inclusion to "criminal activity that  
          constitutes a significant and recognized threat to the  
          community.  In general, 28 CFR Part 23 views such criminal  
          activity to be multijurisdictional and/or organized criminal  
          activity that involves a significant degree of permanent  
          criminal organization or is undertaken for the purpose of  
          seeking illegal power or profits or poses a threat to the life  
          and property of citizens.  This would normally not include  
          traffic or other misdemeanor violations."  
          (http://www.iir.com/Home/28CFR_Program/28CFR_FAQ/)

          6.Due Process and the Actions of Law Enforcement Agencies
          
          Due Process Clauses of the U.S. Constitution serve as  
          protections from arbitrary denials of life, liberty, or  
          property by the government, absent law.  The protections at  
          risk regarding shared gang databases are both procedural  
          and substantive.  Procedural due process protects  
          individuals from the coercive power of the government,  
          which is in this case law enforcement agencies, by ensuring  
          there are processes in place that allow a fair and  
          impartial adjudication of issues.  

          Article I of the State Constitution says a person may not  
          be deprived of life, liberty, or property without due  








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          process of law or be denied equal protection of the laws.   
          In the 9th Circuit Court of Appeals case, Vasquez v.  
          Rackauckas, the court stated that this due process clause  
          provides greater procedural due process rights for private  
          parties than does the federal Constitution.  The  
          defendants-appellants had been dismissed from a case to  
          enforce a local gang injunction.  The prosecution proceeded  
          in the case and secured a gang injunction.  When the  
          injunction was being enforced, the police tried to apply  
          the injunction to the two defendants who had been dismissed  
          in the case.  The defendant-appellants appealed the  
          injunction on the basis that they were dismissed from the  
          injunction case and were never afforded a due process  
          hearing regarding the injunction.  The court held that the  
          defendant-appellants were entitled to a due process hearing  
          prior to being subjected to the injunction order.  (Vasquez  
          v. Rackauckas, (2013) 734 F.3d 1025.)

          Limited Existing Due Process Procedures: Currently, only  
          minors and their parent or guardian, are allowed to be  
          notified that the minor is being entered in the system.   
          Adults have been totally omitted from the notification  
          process even though they are affected by being included in  
          the database.  According to the report by the Coalition,  
          these databases can be very harmful to anyone who is  
          categorized as being connected to a gang, even if no such  
          connection ever existed or they were part of a gang 20  
          years ago.  There is no way today for an adult to find out  
          if they have been "tagged" as a gang member by law  
          enforcement and entered into this system.  Even if that  
          adult could discover that he or she were included in the  
          database, there is no way today to challenge that  
          inclusion.  Finding 
          out that you are in the system during contact with police  
          or when you are applying for college, places the individual  
          in an unfair position and there are not many opportunities  
          for a person to refute the designation.  Furthermore, there  
          must also be a process for having a person's name removed  
          from the system if the individual is not connected with a  
          gang.  What happens to a person who has a family member or  
          relative who is associated with a gang?  Is that innocent  
          person also entered into the database because they qualify  
          as an associate or an affiliate?  Suppression of criminal  
          activity is the job of law enforcement and there are many  








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          tools that they use to perform their jobs.  However, the  
          use of these shared databases has to be reviewed to ensure  
          that their use doesn't destroy the constitutional rights of  
          those who have been entered.

          7.Argument in Support
          
          Urban Peace Institute (UPI) argues in support:

               Assembly Bill 2298 will require local law enforcement  
               departments to notify people when they are added to a  
               shared gang database, including the statewide CalGang  
               Database. The bill will also enable people to inquire  
               as to their status on a database, to challenge their  
               designation if they no longer or never have never  
               belonged to a gang.  The bill provides a clear process  
               for removal from a gang database and for notification  
               of removal.  The bill also requires the State  
               Department of Justice to report on an annual basis how  
               many people are added and removed from gang databases  
               by age, race, gender and geography. 

               In the early 1980s, Los Angeles and quickly the whole  
               state engaged in an aggressive "war on gangs,"  
               including the creation of gang databases. Since then -  
               for nearly 40 years - gang databases have operated  
               without accuracy, consistency or transparency.   
               Information for local databases is primarily collected  
               through routine police stops - on the street, in  
               schools and traffic stops.  Police gather information  
               through a field interview, and local departments then  
               feed this information into shared databases and also  
               into the statewide CalGang Database. Most people are  
               added to local databases and the CalGang Database  
               without having been arrested or accused of a crime.   
               Until the recent passing of Senate Bill 458, no person  
               had a legal right to be notified or an opportunity to  
               appeal their designation as a gang member.  SB 458  
               granted those rights only to minors. 

               Nearly 20% of the people on the CalGang Database are  
               African- American and 66% are Latino. Since only 6.6%  
               of Californians are African-Americans, and just 38.1%  
               are Latino, this represents an alarming racial  








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               disparity.  Databases are often used to add people to  
               gang injunctions, contribute to evidence for gang  
               enhancements in court, and are used to deny people  
               access to victims' compensation when a person is  
               killed or injured.  An individual's information can  
               also be shared and accessed by federal law enforcement  
               agencies including the FBI and ICE, having huge  
               implications for a person's ability to realize  
               immigration opportunities including deferred action  
               and prosecutorial discretion. 

               To increase accuracy: AB 2298 will create a process  
               for the removal from gang databases of individuals not  
               currently active in a gang. To establish consistency: 
               AB 2298 will create standard processes for law  
               enforcement agencies across the state for  
               implementation of both SB 458 and AB 2298.  To promote  
               transparency:  AB 2298 will provide notice to  
               individuals before they are documented as gang  
               members, allow individuals to inquire about their  
               inclusion in gang databases and require the annual  
               release of data on the numbers and demographics of  
               people added to or removed from gang databases?.

          8.Argument in Opposition

          E3 Research argues in opposition:

               E3 Research, which is comprised of researchers with  
               experience in the field of law enforcement and gang  
               expert testimony, opposes AB 2298, which would require  
               notice to a person if he or she is placed in a gang  
               database. 

               It is not a crime to be involved with a gang. The  
               issue is when individuals engage in criminal activity  
               for the benefit, at the direction of or in association  
               with the gang. Some of the most challenging cases to  
               solve in law enforcement are gang crimes. Many  
               individuals are afraid for their safety and afraid of  
               fear and intimidation. The fear not only extends from  
               victims and witnesses, but it also occurs in the  
               courtroom with jurors. The theory behind gang  
               intelligence is to monitor the gang activity that is  








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               conducted by its members. Safety becomes the number  
               one priority and maintaining intelligence helps to  
               solve the criminal activity committed by gang members.

               By releasing information in the gang database, you not  
               only jeopardize the safety of the individual you are  
               releasing the information to who is on the list, you  
               are also jeopardizing the safety of others within the  
               gang and their families. Rival gang members can use  
               the information to identify their targets which can  
               lead to violent crimes. Releasing the information also  
               jeopardizes the integrity of law enforcement  
               investigations that include drug sales, murders,  
               robberies, selling and manufacturing firearms, just to  
               name a few. Currently a majority of law enforcement  
               agencies maintain someone in their gang database for 
               approximately five-years and then those individuals  
               are purged from the system, unless there are  
               additional validation criteria that shows the  
               individual is continuing their affiliation with the  
               gang. This has been proven to work in the court of law  
               when gang cases and gang evidence is required to prove  
               a case and obtain a conviction.


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