Policy Text
Policy
442Fontana Police Department
Fontana PD Policy Manual
Copyright Lexipol, LLC 2021/01/20, All Rights Reserved.
Published with permission by Fontana Police DepartmentCriminal Organizations - 386Criminal Organizations
442.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that the Fontana Police Department appropriately utilizes
criminal intelligence systems and temporary information files to support investigations of criminalorganizations and enterprises.
442.2 POLICY
The Fontana Police Department recognizes that certain criminal activities, including but not limited
to gang crimes and drug trafficking, often involve some degree of regular coordination and mayinvolve a large number of participants over a broad geographical area.
It is the policy of this department to collect and share relevant information while respecting the
privacy and legal rights of the public.
442.3 CRIMINAL INTELLIGENCE SYSTEMS
No department member may create, submit to or obtain information from a criminal intelligence
system unless the Chief of Police has approved the system for department use.
Any criminal intelligence system approved for department use should meet or exceed the
standards of 28 CFR 23.20.
A designated supervisor will be responsible for maintaining each criminal intelligence system that
has been approved for department use. The supervisor or the authorized designee should ensurethe following:
(a) Members using any such system are appropriately selected and trained.
(b) Use of every criminal intelligence system is appropriately reviewed and audited.(c) Any system security issues are reasonably addressed.
442.3.1 REPORT TO THE CALIFORNIA DEPARTMENT OF JUSTICE
The Field Services Division Commander or the authorized designee shall ensure that the annual
report of information submitted to a shared gang database as required by Penal Code § 186.34is submitted to the California Department of Justice.
442.4 TEMPORARY INFORMATION FILE
No member may create or keep files on individuals that are separate from the approved criminal
intelligence system. However, members may maintain temporary information that is necessary toactively investigate whether a person or group qualifies for entry into the department-approvedcriminal intelligence system only as provided in this section. Once information qualifies forinclusion, it should be submitted to the supervisor responsible for consideration of criminalintelligence system entries.
Fontana Police Department
Fontana PD Policy Manual
Criminal Organizations
Copyright Lexipol, LLC 2021/01/20, All Rights Reserved.
Published with permission by Fontana Police DepartmentCriminal Organizations - 387442.4.1 FILE CONTENTS
A temporary information file may only contain information and documents that, within one year, will
have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligencesystem.
Information and documents contained in a temporary information file:
(a) Must only be included upon documented authorization of the responsible department
supervisor.
(b) Should not be originals that would ordinarily be retained by the records or property
units, but should be copies of, or references to, retained documents such as copiesof reports, FI forms, dispatch center records or booking forms.
(c) Shall not include opinions. No person, organization or enterprise shall be labeled as
being involved in crime beyond what is already in the document or information.
(d) May include information collected from publicly available sources or references to
documents on file with another government agency. Attribution identifying the sourceshould be retained with the information.
442.4.2 FILE REVIEW AND PURGING
The contents of a temporary information file shall not be retained longer than one year. At the end
of one year, the contents must be purged.
The designated supervisor shall periodically review the temporary information files to verify that
the contents meet the criteria for retention. Validation and purging of files is the responsibility ofthe supervisor.
442.5 INFORMATION RECOGNITION
Department members should document facts that suggest an individual, organization or enterprise
is involved in criminal activity and should forward that information appropriately. Examples include,but are not limited to:
(a) Gang indicia associated with a person or residence.
(b) Information related to a drug-trafficking operation.(c) Vandalism indicating an animus for a particular group.(d) Information related to an illegal gambling operation.
Department supervisors who utilize an authorized criminal intelligence system should work with
the Training Sergeant to train members to identify information that may be particularly relevantfor inclusion.
442.6 RELEASE OF INFORMATION
Department members shall comply with the rules of an authorized criminal intelligence system
regarding inquiries and release of information.
Fontana Police Department
Fontana PD Policy Manual
Criminal Organizations
Copyright Lexipol, LLC 2021/01/20, All Rights Reserved.
Published with permission by Fontana Police DepartmentCriminal Organizations - 388Information from a temporary information file may only be furnished to department members
and other law enforcement agencies on a need-to-know basis and consistent with the RecordsMaintenance and Release Policy.
When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile’s
name is in a temporary information file, such information should be provided by the supervisorresponsible for the temporary information file, unless there is good cause to believe that therelease of such information might jeopardize an ongoing criminal investigation.
442.7 CRIMINAL STREET GANGS
The department supervisor should ensure that there are an appropriate number of department
members who can:
(a) Testify as experts on matters related to criminal street gangs, and maintain an above
average familiarity with:
1. Any organization, associate or group of three or more persons that meets the
definition of a criminal street gang under Penal Code § 186.22(f).
2. Identification of a person as a criminal street gang member and criminal street
gang-related crimes.
3. The California Street Terrorism Enforcement and Prevention Act (Penal Code
§ 186.21 et seq.), associated