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Policy 419Santa Ana Police Department Santa Ana PD Policy Manual Copyright Lexipol, LLC 2020/12/10, All Rights Reserved. Published with permission by Santa Ana Police DepartmentCriminal Organizations - 1Criminal Organizations 419.1 PURPOSE AND SCOPE The purpose of this policy is to ensure the Santa Ana Police Department appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises. 419.1.1 DEFINITIONS Criminal Intelligence System - Any record system that receives, stores, exchanges or disseminates information that has been evaluated and determined to be relevant to the identification of a criminal organization or enterprise, its members or affiliates. This does not include temporary information files. Shared Gang Database shall have the same meaning as defined in Penal Code section 186.34(a) (4). Temporary Information Files - Information that does not meet criteria for permanent inclusion into a criminal intelligence system, but may be used to develop criterion for inclusion. Temporary files shall not be retained for longer than one year, unless the information contained in the file meets the requirements for inclusion into a criminal intelligence system. 419.2 POLICY The Santa Ana 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 may involve 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. 419.3 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 ensure the 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. Santa Ana Police Department Santa Ana PD Policy Manual Criminal Organizations Copyright Lexipol, LLC 2020/12/10, All Rights Reserved. Published with permission by Santa Ana Police DepartmentCriminal Organizations - 2419.3.1 SYSTEM ENTRIES It is the designated supervisor’s responsibility to approve the entry of any information from a report, field interview card, photo or other relevant document into an authorized criminal intelligence system. If entries are made based upon information that is not on file with this department, such as open or public source documents or documents that are on file at another agency, an Information Report or Supplemental Report shall be prepared. At a minimum, the report should describe the content and origin of the document(s). The designated supervisor should ensure copies of those documents are attached to the report and retained by the Records Division. If the file size of the document(s) is too large they should be booked into evidence. Any Crime Report, Crime-Arrest Report, Supplemental Report, Supplemental-Arrest Report, Information Report, Missing Person's Report, or Field Interview card used for entry shall be retained by the Records Division in accordance with the established records retention schedule and for at least as long as the entry is maintained in the system. The Records Manager may not purge such documents without the approval of the designated supervisor. All Santa Ana Police Department, Proof of Personal Service of Determination and Field Interview Report Forms used for entry shall be stored in a secured location within the Investigations Bureau. The designated supervisor will ensure the Proof of Personal Service of Determination and Field Interview Report Forms are retained in accordance with the established records retention schedule and for at least as long as the entry is maintained in the system of the designated supervisor. 419.3.2 GANG DATABASES The Chief of Police may approve participation by the Gang Unit in a shared criminal gang intelligence database, such as CALGANG®. Members must obtain the requisite training before accessing any such database (11 CCR 751.6). It is the Gang Unit supervisor’s responsibility to determine whether any report or FI contains information that would qualify for entry into the database. Prior to designating any person as a suspected gang member, associate, or affiliate in a shared gang database; or submitting a document to the Attorney General’s office for the purpose of designating a person in a shared gang database; or otherwise identifying the person in a shared gang database, the Gang Unit supervisor shall provide written notice to the person and, if the person is under the age of 18, to his/her parent or guardian of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of a minor. Notice shall also describe the process to contest the designation (Penal Code § 186.34). The person, an attorney working on his/her behalf, or his/her parent or guardian (if the person is under 18 years of age) may request, in writing, information as to whether the person is designated as a suspected gang member, associate, or affiliate in a shared gang database accessible by the Department, the basis for that designation, and the name of the agency that made the designation. The Department shall respond to a valid request in writing within 30 days, and shall provide the information requested unless doing so would compromise an active investigation or compromise the health and safety of the person if he/she is under 18 years of age (