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Policy 421Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2019/07/29, All Rights Reserved. Published with permission by Santa Monica Police DepartmentCriminal Organizations - 1Criminal Organizations 421.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that the Santa Monica Police Department appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises. 421.1.1 DEFINITIONS Definitions related to this policy include: 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. Pattern of Criminal Gang Activity- The commission, attempted commission, conspiracy to commit, sustained juvenile petition for, or conviction of two or more of any offenses as described in Penal Code 186.22(e). Criminal Street Gang - Any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in Penal Code 186.22(e), and which has a common name or common identifying sign or symbol, and whose members individually or collectively engage or have engaged in a pattern of criminal street gang activity. Gang Related Crime- Any crime, which is committed for the benefit of, at the direction of, or in association with, a criminal street gang with the intent to promote, further or assist any criminal street gang. 421.2 POLICY The Santa Monica 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. 421.3 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. Santa Monica Police Department Santa Monica Police Department Policy Manual Criminal Organizations Copyright Lexipol, LLC 2019/07/29, All Rights Reserved. Published with permission by Santa Monica Police DepartmentCriminal Organizations - 2The Gang Unit supervisor, or a designated supervisor, will be responsible for maintaining each criminal intelligence system that has been approved for Department use. The Gang Unit supervisor or the authorized supervisor 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. 421.3.1 SYSTEM ENTRIES It is the Gang Unit supervisor or designated supervisor’s responsibility to approve the entry of any information from a report, field interview (FI), 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, the designated supervisor should ensure copies of those documents are retained by the Records Unit. Any supporting documentation for an entry shall be retained by the Records Unit in accordance with the established records retention schedule and for at least as long as the entry is maintained in the system. The designated supervisor should ensure that any documents retained by the Records Unit are appropriately marked as intelligence information. The Records Manager may not purge such documents without the approval of the Gang Unit supervisor or designated supervisor. 421.3.2 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. It is the Gang Unit supervisor’s or the designated supervisor's responsibility to determine whether any report or field interview (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 or the designated 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 Santa Monica Police Department Santa Monica Police Department Policy Manual Criminal Organizations Copyright Lexipol, LLC 2019/07/29, All Rights Reserved. Published with permission by Santa Monica Police DepartmentCriminal Organizations - 3information requested unless doing so would compromise an active investigation or compromise