Chapter 5 – Adult Custody and Security Operations

The California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) prohibit individuals under its jurisdiction from any type of participation in gang activity and maintains a pro-active stance in the arena of gang suppression.

The CDCRCalifornia Department of Corrections and Rehabilitation provides inmates and parolees the opportunity to disassociate themselves from gangs and gang activities, making available to them programs consistent with their custody/supervision needs.

This Section defines staff responsibilities and provides uniform procedures for the management of gangs.

The CDCRCalifornia Department of Corrections and Rehabilitation has determined that gangs and their activities are a threat to the security of prisons and jails and are a clear and present danger to public order and safety.

The preservation of public safety is the guiding principle of the criminal justice system in the State of California. The CDCRCalifornia Department of Corrections and Rehabilitation strongly endorses this basic principle.

The CDCRCalifornia Department of Corrections and Rehabilitation is mandated to control convicted offenders through institutional housing and parole supervision. In addition, the CDCRCalifornia Department of Corrections and Rehabilitation provides opportunities for offenders to take responsibility for their lives and improve their chances to become positive members of the community.

The CDCRCalifornia Department of Corrections and Rehabilitation has determined that prison gangs and disruptive groups, through their illegal activities, are a threat to the security of all institutions and camps. They are also a definite danger to public order and safety.

This Article provides direction for implementing the CDCRCalifornia Department of Corrections and Rehabilitation’s policy in the arena of gang management and suppression.

The CDCRCalifornia Department of Corrections and Rehabilitation’s gang management strategy shall be to identify gang affiliated inmates/parolees, track them, monitor their conduct, take interdiction action, and apply sanctions when they are found to be involved in illicit or unlawful gang activity.

Staff shall document all allegations of inmate/parolee gang involvement and activity.  The documentation shall be placed in the inmates’/parolees’ central files and copies shall be routed to the gang investigators.

The Administrative Officer of the Day, DAIDivision of Adult Institutions (formerly Institutions Division), shall use the CDCRCalifornia Department of Corrections and Rehabilitation Form 837 series, Crime/Incident Report, to report, monitor, and compile statistical data regarding the activity of gang affiliated inmates.

The CDCRCalifornia Department of Corrections and Rehabilitation Form 837 series shall be accomplished and distributed per DOMDepartment Operations Manual, Chapter 5, Article 3.  Additionally, the accomplishing staff shall route to their institution’s gang investigator a copy of all CDCRCalifornia Department of Corrections and Rehabilitation Form 837 series, which report gang involved incidents.

Accomplishing staff shall ascertain whether any inmate involved in an incident is identified as a gang affiliate.  If so, Part A of the CDCRCalifornia Department of Corrections and Rehabilitation Form 837 series shall be marked “gang involved” in the Exceptional Activity section.  Also, each inmate’s validated or suspected gang affiliation shall be listed on Part-B1 of the CDCRCalifornia Department of Corrections and Rehabilitation Form 837 series.

Accomplishing staff shall ascertain whether an inmate is a validated gang affiliate by reviewing any pertinent documents in the inmate’s central file to include, but not limited to, the CDC Form 812-A, Notice of Critical Information – Prison Gang Identification, and CDC Form 812-B, Notice of Critical Information – Disruptive Group Identification, which are contained in the central file.

Departmental regulations and procedures for identification of gang affiliates shall be uniformly applied.  Each institution, parole region, and field office of the Office of Correctional Safety (OCSOffice of Correctional Safety) shall assign gang investigators to identify gangs and gang involved individuals.  The Chief, OCSOffice of Correctional Safety, shall have management responsibility for the validation of those inmates/parolees so identified by the gang investigators as outlined in this DOMDepartment Operations Manual Article.

The gang investigators, under coordination of the Chief, OCSOffice of Correctional Safety, shall join with task forces comprised of local, State, and federal law enforcement personnel to track, monitor and interdict, within the framework of law, the illicit and unlawful behavior of gangs.

Inmates/parolees found to be in violation of criminal or administrative statutes shall be dealt with in the strictest possible legal manner. For inmates, this shall include, but not be limited to, loss of privileges, increase in custody, loss of work credits, enhancement of penalties, segregation from the inmate general population, and referral for criminal prosecution. For parolees, this shall include, but not be limited to, imposition of expanded special conditions of parole, increased levels of supervision, incarceration, referral to the Board of Parole Hearings for revocation proceedings and referral for criminal prosecution.

Departmental gang investigators shall fully cooperate with investigators from other criminal justice agencies, on a need-to-know basis, regarding gang-involved investigations and information sharing.

Departmental gang investigators shall join and participate in local, regional, and statewide law enforcement task forces dedicated to gang intelligence sharing and gang activity suppression.

The Assistant Secretary, OCSOffice of Correctional Safety, shall have management responsibility for SSUSpecial Services Unit’s Gang Intelligence Operations section and its gang investigators. Gang investigators shall be senior special agents, special agents, Correctional Lieutenants, and Correctional Sergeants assigned to the unit. The SSUSpecial Services Unit gang investigators shall be selected by the Chief, OCSOffice of Correctional Safety.

The Assistant Secretary, OCSOffice of Correctional Safety, shall determine when criminal groups have formed into actual prison gangs in accordance with the criteria established in this DOMDepartment Operations Manual Article.

The Assistant Secretary, OCSOffice of Correctional Safety, shall coordinate the CDCRCalifornia Department of Corrections and Rehabilitation’s gang intelligence, identification, validation, and suppression program and coordinate that program with other criminal justice agencies.

The Assistant Secretary, OCSOffice of Correctional Safety, shall have management responsibility for meeting the administrative needs of the California Gang Task Force (CGTF).

Wardens shall have management responsibility for their respective gang investigators.

Each institution shall have a gang investigator designated as an Institutional Gang Investigator (IGIInstitution Gang Investigator (see STG Investigator)) or investigative lieutenant. Gang investigators shall be Correctional Lieutenants. Gang investigators shall be selected by their Wardens.

Wardens shall ensure that gang involved or related occurrences and information are brought to the attention of appropriate personnel.

Regional Parole Administrators (RPARegional Parole Administrator) shall have management responsibility for their respective gang investigators. Each parole region shall have a Regional Gang Investigator. Gang investigators shall be in the Parole Agent II classification. Gang investigators shall be selected by their RPAs.

RPAs shall ensure that gang involved or related occurrences and information are brought to the attention of appropriate personnel.

The Parole Operations Administrator of the Division of Adult Parole Operations (DAPODivision of Adult Parole Operations (formerly P&CSD)) shall be responsible for developing and implementing the division’s gang management procedures.

The Paroles Operations Administrator shall have functional supervision over the regional gang coordinators regarding the division’s gang management procedures.

The Paroles Operations Administrator shall ensure that the Gang Intelligence Operations Unit is promptly notified of all arrests or incidents involving gang-affiliated parolees. The Operations Administrator shall maintain a close working relationship with the SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, and the Senior Special Agent, Gang Intelligence Operations, regarding gang management matters.

The SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, Gang Intelligence Operations or designee shall have functional supervision of the Senior Special Agent, Gang Intelligence Operations, and the IGIs, (as it relates to validations, debriefings, and gang investigations/intelligence). The SACCalifornia State Prison, Sacramento shall be apprised of all gang management matters affecting, or having a potential to affect, departmental policy or procedure.

The Office of Correctional Safety, Fugitive Apprehension Team Administrator, or designee shall maintain a close working relationship with the DAPODivision of Adult Parole Operations (formerly P&CSD) Administration regarding significant incidents involving parolees. All incidents which require arrest, surveillance, or consultation and are considered serious in nature, high notoriety, public, or special interest cases, shall immediately be referred to the OCSOffice of Correctional Safety Administrator, or designee for appropriate disposition.

The institution and parole’s Gang Investigators shall ensure that Gang Intelligence Operations is promptly notified of all arrests or incidents involving gang affiliated inmates.

The Senior Special Agent shall report directly to the SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety. The Senior Special Agent supervises the SSUSpecial Services Unit Gang Intelligence Operations section which includes the SSUSpecial Services Unit gang investigators (Special Agents), and the Correctional Lieutenants, Sergeants, and ancillary staff of the Gang Intelligence Operations Debriefing Team. The Senior Special Agent shall maintain a close working relationship with the SACCalifornia State Prison, Sacramento, Chief, Classification Services, and DAPODivision of Adult Parole Operations (formerly P&CSD) Administrator regarding gang management matters.

The SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety shall have functional supervision over the DAIDivision of Adult Institutions (formerly Institutions Division) and the DAPODivision of Adult Parole Operations (formerly P&CSD) gang investigators regarding investigation, identification, validation, monitoring, and tracking of gang affiliates.

The SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, or designee shall be the CDCRCalifornia Department of Corrections and Rehabilitation’s main spokesperson regarding gang information and shall have primary responsibility for:

• Receiving, analyzing, coordinating, and disseminating pertinent prison gang and disruptive group data to assist respective managers regarding security of institution and parole operations.

• The sharing of this information between the Institutions, DAPODivision of Adult Parole Operations (formerly P&CSD), the departmental training center, and other criminal justice agencies at the local, State, and federal levels.

• Information potentially affecting the policies and/or procedures of the CDCRCalifornia Department of Corrections and Rehabilitation shall require authorization from the Assistant Secretary, OCSOffice of Correctional Safety or designee prior to being disseminated.

• Prior to releasing any gang related documents to any court or attorney, either voluntarily or under subpoena, the CDCRCalifornia Department of Corrections and Rehabilitation’s Office of Legal Affairs (OLAOffice of Legal Affairs) shall be contacted and informed of the request and the nature and contents of the documents requested/demanded. The OLAOffice of Legal Affairs shall provide guidance for release. All documents released from the control of the OCSOffice of Correctional Safety shall have the approval of the Assistant Secretary, OCSOffice of Correctional Safety, prior to release.

The SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety or designee shall be responsible for the preparation of charts, assessments, statistical reports, and other material as required to provide an accurate portrayal of gang activity. The SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety shall disseminate this information to departmental and other criminal justice agency managers and gang investigators on a need-to-know basis as authorized by the Assistant Secretary, OCSOffice of Correctional Safety.

The SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, or designee shall serve as coordinator of the CGTF. The CGTF is comprised of criminal justice agency personnel from numerous local, State, out-of-state and federal jurisdictions. As coordinator, the SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, responsibilities include:

• Processing membership and guest applications.

• Maintaining records.

• Scheduling meetings at locations throughout the State.

• Chairing the two (2) day, each month, gang intelligence information-sharing meetings.

• Collecting, dispersing, and maintaining meeting fees.

• Handling correspondence.

• Preparing and distributing a monthly summary of reported gang activity.

• Preparing statistical reports.

Prior to the CGTF meeting, the SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, or designee shall meet with all departmental gang investigators to ensure that the CDCRCalifornia Department of Corrections and Rehabilitation is represented at the CGTF meeting by a cohesive, organized group. Additionally, this meeting shall serve as a training session regarding gang identification, validation, etc., and shall provide an opportunity to exchange gang-intelligence information at the operational level.

The Senior Special Agent shall be responsible for coordinating requests for gang activity data, training, and investigative assistance received from departmental as well as other criminal justices agencies.

To be eligible for selection by their respective managers, gang investigator candidates shall have the civil service positions of either Special Agent/Senior Special Agent, Parole Agent II, or Correctional Lieutenant and shall:

• Have a good working knowledge of prison gangs and disruptive groups.

• Be highly motivated to investigate organized criminal activity and gang affiliations.

• Be well organized, efficient, and possess good interpersonal, communication, and analytical skills.

• Have the necessary verbal skills to make presentations and conduct training regarding gangs to large audiences.

The Regional Parole Gang Investigators shall be directly responsible through their chains of command to their respective RPARegional Parole Administrator or designee, and shall be functionally supervised by the Parole Operations Administrator and the SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety.

The IGIs shall be directly responsible through their chains of command to their respective Wardens and shall be functionally supervised by the SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, and the Senior Special Agent, Gang Intelligence Operations, SSUSpecial Services Unit.

The gang investigators shall have the primary responsibility in their respective institution or region for collection of information in regard to gang affiliations or gang-related criminal activities. They shall collect information from various sources and transmit this information to their respective Wardens or RPAs, SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, and to the Senior Special Agent without delay.

The gang investigators shall maintain a close working relationship with other staff. They shall collect, analyze, and transmit any material or information of significance to their respective managers, SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, and to the Senior Special Agent. They shall be responsible for documenting gang members and associates (and their visitors at respective institutions). They shall monitor new arrivals to their respective institutions or parole regions, particularly new commitments from and to Reception Centers. They shall identify and document inmates or parolees engaged in any gang activity. They shall maintain regular telephonic contact with other investigators, local law enforcement agencies, and other appropriate individuals as necessary so as to provide an avenue for the exchange of information.

The gang investigators shall maintain regular telephonic contact with the Senior Special Agent and shall convey important data, including inmate/parolee gang-involved incidents or arrests, without delay. These telephonic contacts shall be followed up by necessary reports and/or documents. Wardens and RPAs or their designees shall be apprised of all information obtained by their respective investigators so that the information will reach appropriate personnel.

The gang investigators shall provide training for CDCRCalifornia Department of Corrections and Rehabilitation personnel and personnel from other jurisdictions on matters related to gangs. Should assistance be necessary, the Senior Special Agent may be contacted.

The gang investigators shall be a resource in the classification process in matters related to gangs.

The gang investigators shall attend/participate in such meetings and telephone conference calls as are deemed necessary by the Chief, OCSOffice of Correctional Safety, in concurrence with their respective managers. These meetings/conference calls shall be coordinated and supervised by the SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, or the Senior Special Agent; for example, California Gang Task Force meetings, etc.

Whenever a gang investigator becomes aware that a high notoriety inmate or parolee wishes to cooperate with the CDCRCalifornia Department of Corrections and Rehabilitation and/or other law enforcement agencies regarding a debriefing or other gang information, or if the matter is potentially complicated, the SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, and the Senior Special Agent shall be notified. The Senior Special Agent, in concert with the SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, shall determine the debriefing process, etc. Thereafter, the respective manager shall be apprised of the debriefing or other information. All outside agency requests for debriefing shall be referred to the applicable investigator and/or the Senior Special Agent.

All gang investigators shall provide their managers, SACCalifornia State Prison, Sacramento, and the Senior Special Agent with a telephone number where they can be reached after working hours in the event of an emergency.

As referenced in CCRCalifornia Code of Regulations Section 3000, a gang is defined as any ongoing formal or informal organization, association, or group of three (3) or more persons, which has a common name or identifying sign or symbol whose members and/or associates engage or have engaged on behalf of that organization, association, or group in two or more illicit activities which include, but are not limited to, planning, organizing, threatening, financing, soliciting, or committing unlawful acts or acts of misconduct classified as serious pursuant to CCRCalifornia Code of Regulations Section3315.

A prison gang is defined as any gang which originated and has its roots within the CDCRCalifornia Department of Corrections and Rehabilitation or any other custodial system.

A disruptive group is defined as any gang, other than a prison gang.

Only gangs and their affiliates specified in this DOMDepartment Operations Manual Article shall be investigated.

Prison gangs, as designated by the Chief, OCSOffice of Correctional Safety, and their affiliates shall be investigated.

Disruptive groups, and their affiliates, as recognized by the Chief, OCSOffice of Correctional Safety, the SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, the departmental managers, individual Wardens, institutional managers, and/or gang investigators shall be investigated.

Disruptive groups include, but are not limited to:

• Precursor gangs that may become prison gangs.

• Street gangs.

• Revolutionary groups.

• Motorcycle gangs.

• Terrorist groups/affiliates.

The identification of gang affiliates shall be accomplished by gang investigators in accordance with DOMDepartment Operations Manual, Chapter 6, Article 2, Case Considerations.

If, after the thorough investigation and documentation prescribed by DOMDepartment Operations Manual, Chapter 6, Article 2, the gang investigator concludes the inmate/parolee is gang affiliated (active or inactive) or has had a change in gang status, the investigator shall complete either a CDC Form 812-A, Notice of Critical Case Information – Prison Gang Identification, or a CDC Form 812-B, Notice of Critical Case Information – Disruptive Group Identification. On the form, the gang investigator shall document the affiliation, category of involvement, and the original, independent source items of information contained in the central file, which were used to support the conclusion. The completed CDC Form 812-A/B shall be retained in the inmate’s/parolee’s central file and the inmate/parolee shall be given a copy. Current activity is defined as any documented gang activity within the past six (6) years consistent with CCRCalifornia Code of Regulations Section 3341.5(c)(5).

The gang investigator shall also document in narrative fashion on a CDC Form 128-B, General Chrono, the inmate’s/parolee’s gang affiliation, category of involvement, and specify each original, independent source item of information contained in the central file, which was relied upon to support the conclusion. A CDC Form 128-B shall also be used to document insufficient evidence to support a conclusion of gang affiliation. Documentation shall begin with a definite conclusion of finding based upon the evidence. It shall not be inconclusive or equivocal. The completed CDC Form 128-B shall be retained in the inmate’s/parolee’s central file and the inmate/parolee shall be given a copy. The investigator shall also assure the inmate/parolee has received copies of all non-confidential documents used in the validation. All confidential information used in the validation shall be disclosed to the inmate via CDC Form 1030, Confidential Information Disclosure Form. This documentation shall be disclosed to the inmate/parolee per the procedure defined in this DOMDepartment Operations Manual Article.

After a thorough review of the evidence, I have concluded that inmate/parolee John DOE, E-00000, is an associate (etc.) of the prison gang/disruptive group “X.” This is supported by: (1) “Item”; (2) “Item”; etc.

After a thorough review of the evidence, I have concluded there is no or insufficient information to support that inmate/parolee John DOE, D-00000, is affiliated with the/any prison gang/disruptive group “X.” (provide an explanation.)

The verification of an inmate/parolee’s gang identification shall be validated or rejected by the Chief, OCSOffice of Correctional Safety, or his/her designee.

The identification of the category of an inmate’s/parolee’s involvement within a gang shall be based upon the strength of the required documentation in the inmate’s/parolee’s central file, not upon multiple, same source documentation. Only the categories in this DOMDepartment Operations Manual Article shall be used to identify an inmate’s/parolee’s gang involvement.

“Delete” designates the inmate/parolee is no longer believed to have been an affiliate of a gang due to a lack of substantiation. This identification is used to remove an inmate/parolee from the gang data base.

“Member” designates an inmate/parolee who has been accepted into membership by a gang. This identification requires at least three (3) original, independent source items of documentation indicative of actual membership. At least one (1) of the sources shall be a direct link to a validated member or associate or former member (dropout) identifying the inmate/parolee as a member. The source items shall meet the requirements established in CCRCalifornia Code of Regulations Section 3378.

“Associate” designates non gang members who are involved periodically or regularly with members or associates of a gang. This identification requires at least three (3) original, independent source items of documentation indicative of association with VALIDATED gang members and/or associates. At least one (1) of the sources shall be a direct link to a validated member/associate, such as a validated member/associate or former member/associate (dropout). The source items shall meet the requirements established in CCRCalifornia Code of Regulations Section 3378.

An inmate housed in general population as a gang member or associate may be considered for “inactive” status when the inmate has had no documented gang activity for two (2) years. If the inmate paroles during this two year period, the parole time may be used in calculating the two (2) years. The “inactive” status can be changed back to (active) member/associate if the Department receives one (1) piece of evidence indicating the inmate has re-involved himself/herself with gang activity.

An inmate housed in SHUSecurity Housing Unit as a result of his/her gang member or associate status, may be considered for “inactive” status by the Departmental Review Board (DRBDepartmental Review Board).

Consistent with normal reviews, the IGIInstitution Gang Investigator (see STG Investigator) shall conduct a review of the inmate’s gang status. If it has been determined by the IGIInstitution Gang Investigator (see STG Investigator) that the inmate has had no gang activity for a period of six (6) years, the IGIInstitution Gang Investigator (see STG Investigator) shall submit a request to the SSUSpecial Services Unit to change the inmate’s status to “inactive.” If the SSUSpecial Services Unit concurs with the IGIInstitution Gang Investigator (see STG Investigator)’S recommended gang status change, a new CDC Form 128B-2 shall be issued identifying the inmate as an “inactive” member/associate. Upon issuing a new CDC Form 128B-2 identifying the inmate as “inactive,” the DRBDepartmental Review Board shall be notified by the housing institution. At its convenience, but not to exceed 180 days, the DRBDepartmental Review Board shall meet and consider the inmate for placement in a level IVIntravenous, 180 design housing unit for a period of observation. At the DRBDepartmental Review Board’S discretion, the inmate may be transferred to a level IVIntravenous, 180 design institution.

If the inmate paroles from the SHUSecurity Housing Unit prior to his/her six (6) year IGIInstitution Gang Investigator (see STG Investigator) “inactive” review, and is then returned to CDCRCalifornia Department of Corrections and Rehabilitation custody on a parole violation or new term, the parole time will be taken into account for the total time. However, if the most recent source of activity used in the inmate’s validation is less than six (6) years old, the inmate shall be returned to SHUSecurity Housing Unit placement until he/she has obtained a minimum of six (6) years without any documented gang activity.

The “inactive” status may be changed back to (active) member/associate if the Department receives one (1) piece of evidence indicating the inmate has reinvolved himself/herself with gang activity.

“Dropout” designates that the inmate/parolee was either a gang member or associate who has discontinued gang affiliation. This identification requires the inmate/parolee to have cooperated in, and successfully completed, the debriefing process as specified in this DOMDepartment Operations Manual Article, Sections 52070.20 through 52070.20.8.3.

Debriefing is the process by which an investigator determines whether an inmate/parolee (subject) has dropped out of a gang. A subject shall be debriefed only upon his or her request, although staff may ask a subject if he or she wants to debrief. Debriefing shall entail a two-step process that includes an interview phase and an observation phase.

The debriefing team is tasked with the responsibility of debriefing validated prison gang members desiring to disassociate themselves from the gang. The primary objective of the team shall be to debrief validated prison gang members housed in SHUSecurity Housing Unit. The team may be used to perform other functions at the discretion of the Chief, OCSOffice of Correctional Safety.

The objective of a debriefing is to learn enough about the subject and the subject’s current gang to:

• Allow staff to reasonably conclude the subject has dropped out of that gang.

• Allow staff to separate the subject from identified active gang affiliates, protecting the subject from their retaliation.

• Allow staff to reclassify the subject regarding possible new custody, housing, and assignment needs.

• A debriefing is not for the purpose of acquiring incriminating evidence against the subject.

A waiver of the Fifth Amendment right against self-incrimination is not a precondition of a subject undergoing debriefing. Subjects who undergo debriefings are not first given Miranda warnings with the express intent that any information provided shall be used administratively and not against them in a criminal proceeding.

Additionally, a pre-debriefing Miranda warning is not deemed necessary because:

• The subjects shall be debriefed only upon their request (staff may inquire if they want to debrief).

• Subjects shall not be required to complete their debriefing.

• Subjects may terminate their debriefing at any time.

If during a debriefing the subject begins to relate the commission of a serious, chargeable crime, the gang investigator may stop discussion about the matter and continue on with another topic. After debriefing completion, the gang investigator may Mirandize and question the subject about the crime.

A subject may provide information during the debriefing that indicates self-incriminating evidence about a crime. After debriefing completion, the gang investigator may Mirandize and question the subject about the crime.

If the subject then exercises the right not to incriminate him/herself, the exercise of that right shall not affect the determination of whether the subject successfully participated in the debriefing.

Information obtained during a debriefing alleging an individual other than a peace officer, public official, or public employee committed violations of law or regulations shall be documented in the debriefing report and shall be reported by the gang investigator who conducted or supervised the debriefing to the gang investigator of the institution or other agency having jurisdiction over where the violation occurred. The debriefing report shall identify the institution/agency and individual to whom the allegation was reported. The recipient IGIInstitution Gang Investigator (see STG Investigator) shall notify institution management per local procedure.

Information obtained during a debriefing alleging a peace officer, public official, or public employee committed violations of law or regulation shall be immediately reported by the gang investigator who conducted or supervised the debriefing to their respective Warden or RPARegional Parole Administrator. The gang investigator shall notify the affected agency(s) of the allegation(s). Such allegations shall be reported separately on a memorandum. If there is more than one (1) peace officer or other official, prepare a separate memorandum report on each person (unless they are alleged crime partners). The memorandum(s) shall:

• Be typed by a confidential employee.

• Not be entitled a “debriefing.”

• Be marked “Confidential-Employee (or public official, etc.) Involved,” as appropriate.

• Contain an assessment of the informant’s reliability.

• Identify the agency and person notified of the allegation.

• Be signed or countersigned by the gang coordinator/investigator.

The gang investigator shall deliver copies of the memorandum(s) to management per local procedure. Additionally, copies shall be delivered to concerned departmental officials on a strict need-to-know basis and to the Senior Special Agent.

Copies of these memorandum(s) shall not be placed in the central file of the subject or any other inmate/parolee.

Information obtained during a debriefing shall be documented on a confidential memorandum entitled a “debriefing report.” The debriefing report shall be signed or countersigned by the gang investigator.

Preceding the debriefing report narrative, the gang coordinator/investigator or their assistant shall document the need to designate the debriefing report as confidential, either from the subject, others, or both. A confidential designation shall adhere to the CCRCalifornia Code of Regulations, Title 15 regarding confidential material. This encompasses information which, if known to the inmate/parolee (subject or others), would endanger the safety of any person or would jeopardize the security of an institution.

A debriefing report may be designated as confidential from the subject when the subject has requested a confidential designation and the gang investigator has determined security would best be served by filing the report in the subject’s confidential folder rather than another section of the central file.

If the debriefing report is designated confidential from the subject only per the subject’s request, the subject shall review the debriefing report, initial each page of the report, and sign a declaration at the top of the first page which reads: “I, __________, have read this report and attest that it accurately relates the information I provided. The only exception(s) appear on my attached written statement.” If there are no exceptions, the subject shall write the words “None” at the end of the declaration and initial.

If there are one (1) or more exceptions, the subject shall write them on a separate, signed statement. The gang investigator or their assistant shall attach this signed statement to the back of the debriefing report and indicate “see attached” on the report.

All persons reported by the subject as being an affiliate, including dropouts, of any gang, including those previously noted in the narrative, shall be documented on a list in alphabetical order. The list shall be at the end of the debriefing report.

If possible, the list shall contain each identified person’s full name, moniker, CDC number (or the words “NON-CDC” and date of birth [DOBDate Of Birth]), hometown/area, gang involvement (ABAdministrative Bulletin Assoc., NF Cat III, etc.) and CDCRCalifornia Department of Corrections and Rehabilitation location (institution, parole region, or discharged). The required information may be obtained from the debriefed subject or via OBISOffender Based Information System and CLETSCalifornia Law Enforcement Telecommunications System.

Only information referencing specific gang related association, participation, activities, and/or conduct shall be considered for, or as, a source item for validating the inmate/parolee as a member/associate of a gang. The CDC Forms 812 and 812-C shall be updated as any critical information becomes known and is documented in the inmate/parolee’s central file. The forms shall also be reviewed and updated at the time of any change in the inmate/parolee’s status or placement.

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 DOMDepartment Operations Manual 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 identified 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.

“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.

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 OCSOffice of Correctional Safety, or during the inactive review process, the subject of the investigation shall be interviewed by the IGIInstitution Gang Investigator (see STG Investigator) 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 OCSOffice of Correctional Safety. The documented interview shall be submitted with the validation package or inactive review to the OCSOffice of Correctional Safety 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 CCRCalifornia Code of Regulations Section 3318.

The gang investigator shall forward the validation package to the Senior Special Agent, Gang Intelligence Operations, SSUSpecial Services Unit, or designee to request validation.

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.

Gang Intelligence Operations, SSUSpecial Services Unit, 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.

The Senior Special Agent or designee shall promptly document the validation action on a CDC Form 128-B2. The original CDC Form 128-B2 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.

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.

The original memorandum shall be sent to the C&PRClassification & Parole Representative/RPARegional Parole Administrator 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&PRClassification & Parole Representative/RPARegional Parole Administrator I (records office administration) shall have the specified documents removed from the central file.

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.

The C&PRClassification & Parole Representative 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&PRClassification & Parole Representative or designee shall mark the document with the statement; “This document meets the validation requirements established in CCRCalifornia Code of Regulations Section 3378.”

If the CDC Form 128B-2 identifies that the document was rejected as a source for validation, then the C&PRClassification & Parole Representative or designee shall mark the document with the statement; “This document does not meet the validation requirements established in CCRCalifornia Code of Regulations Section 3378.”

Inmates/parolees may appeal their identified and/or validated gang affiliation and category of involvement pursuant to the CCRCalifornia Code of Regulations, Title 15 and the DOMDepartment Operations Manual.

The restricted gang data base shall be maintained by the Gang Intelligence Operations section, SSUSpecial Services Unit. It shall contain the names and identifiers of CDCRCalifornia Department of Corrections and Rehabilitation 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.

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 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 DOMDepartment Operations Manual Article, the gang data base shall not be disclosed, duplicated, or issued without authorization of the Chief, OCSOffice of Correctional Safety.

The restricted CCMS (pronounced see-miss) computer program is designed for departmental storage and retrieval of criminal intelligence information, including access to the SSUSpecial Services Unit 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 SSUSpecial Services Unit gang records.

The Assistant Secretary, Enterprise Information Services (EISEnterprise Information Services (formerly Information Services Division)), shall have management responsibility for CCMS computer program installation, maintenance, and modification. The Assistant Secretary, EISEnterprise Information Services (formerly Information Services Division), shall coordinate with the Director, DAPODivision of Adult Parole Operations (formerly P&CSD), the SACCalifornia State Prison, Sacramento, OCSOffice of Correctional Safety, and the Senior Special Agent of Gang Intelligence Operations, SSUSpecial Services Unit, regarding CCMS matters.

CCMS shall only be used by the DAPODivision of Adult Parole Operations (formerly P&CSD) gang investigators and Investigative Services Unit personnel for the storage and retrieval of criminal intelligence file information.

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.

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

Computers or computer terminals that have the CCMS program shall be restricted to DAPODivision of Adult Parole Operations (formerly P&CSD), gang investigators, Investigative Service Unit personnel, and OCSOffice of Correctional Safety 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, EISEnterprise Information Services (formerly Information Services Division) (i.e., Watchdog).

In the event of computer failure, the authorized user shall contact the local Associate Information Systems Analyst (AISAAssociate Information Systems Analyst) or EISEnterprise Information Services (formerly Information Services Division) 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

Except OCSOffice of Correctional Safety and as otherwise provided for in DOMDepartment Operations Manual, Chapter 6, Article 2 and this DOMDepartment Operations Manual 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.

Gang affiliated inmates shall be classified in accordance with the CCRCalifornia Code of Regulations, Title 15 and the DOMDepartment Operations Manual on the basis of documented individual behavior and case needs.

At the inmate/parolee’s annual review, any information or source items received/developed during the preceding year, which meets the validation requirements as defined in CCRCalifornia Code of Regulations Section 3378, shall be disclosed to the inmate/parolee on the CDC Form 812 A/B. The information need not be disclosed if it is part of an ongoing investigation or if disclosure would compromise an ongoing investigation. The inmate/parolee shall be interviewed regarding the information and a request shall be made to the OCSOffice of Correctional Safety for an updated CDC Form 128B-2.

Gang affiliated inmates shall be transferred in accordance with the CCRCalifornia Code of Regulations, Title 15 and the DOMDepartment Operations Manual on the basis of documented individual behavior and case needs.

Gang affiliated inmates shall have visiting privileges in accordance with the CCRCalifornia Code of Regulations, Title 15 and the DOMDepartment Operations Manual on the basis of documented behavior and case needs.

Gang affiliated inmates shall have work assignments in accordance with the CCRCalifornia Code of Regulations, Title 15 and the DOMDepartment Operations Manual on the basis of documented behavior and case needs.

Gang affiliated inmates may send and receive mail in accordance with the CCRCalifornia Code of Regulations, Title 15 and the DOMDepartment Operations Manual on the basis of documented individual behavior and case needs.

Peace officer and ancillary staff shall receive training regarding prison gangs and disruptive groups.

Gang training shall be incorporated into the curriculum of the Correctional Officer and Parole Agent academies.

Peace officer and ancillary staff shall receive ongoing gang training within their respective institutions or regions.

Gang investigators shall receive orientation training as soon as possible within thirty (30) days of their assignment from the Senior Special Agent or designee, Gang Intelligence Operations, OCSOffice of Correctional Safety, and either the DAIDivision of Adult Institutions (formerly Institutions Division), Chief of Investigative Services, or the DAPODivision of Adult Parole Operations (formerly P&CSD), RPARegional Parole Administrator, or designee.

The Senior Special Agent shall arrange and coordinate the training. The instructor shall designate the training location.

The CDCRCalifornia Department of Corrections and Rehabilitation shall provide gang training, free of charge, for peace officers and non-sworn intelligence analysts from other jurisdictions.

Qualified personnel from other jurisdictions may attend regularly scheduled Correctional Officer Academy basic gang classes at the departmental training center as guest students on a space-available basis.

Space availability shall be ascertained by subtracting the number of departmental students in the class from the classroom’s maximum occupancy rating.

The training center administrator shall transmit to the Senior Special Agent, Gang Intelligence Operations, SSUSpecial Services Unit, the scheduled times and dates of gang classes and the number of guest student spaces available for each class.

The Senior Special Agent shall maintain a list of qualified guest student applicants and shall schedule them for the available spaces. Both the training center administrator and the applicants shall be notified in writing of the scheduling.

In order to qualify as a guest student, the applicant shall:

• Be a peace officer or non-sworn intelligence analyst.

• Be employed by a Department/agency which is a member of the California Gang Task Force.

• Obtain authorization to attend the class from the employing Department/agency, including arrangements for travel, lodging, and meals (which shall not be provided by the training center).

Guest student applications shall be submitted to the Senior Special Agent for review and approval.

Other jurisdictions may request on-site gang training for sizeable groups of their peace officers and non-sworn intelligence analysts.

These requests may be directed to any departmental gang investigator. The gang investigators shall provide the requested training upon approval of local management.

The requests from other jurisdictions for on-site gang training shall be granted as often as possible, in keeping with the gang investigators work/training schedules.

Gang investigators may contact the Senior Special Agent for assistance regarding gang training, if necessary.

The Assistant Secretary, OCSOffice of Correctional Safety, shall ensure that the contents of this Section are accurate and current.

DOMDepartment Operations Manual, Chapter 5, Article 3; Chapter 6, Article 2.

CCRCalifornia Code of Regulations Sections 3023, 3340.1, 3341.5, 3375, 3375.3, and 3378.

Penal Code Sections 186.21, 186.22, 5054, and 5058.