In earlier blog posts, I discussed the CalGang Database, a database collected and used by law enforcement throughout California. I discussed how this database is kept in secret and many who are included in the database are unaware of their inclusion and worse yet, many who are listed in the database are listed in error.
In a victory for the civil liberties and social justice organizations that pushed for it, a new law was just signed by the governor, to go into effect on January 1, 2018, that is designed to end the secrecy of this database and give those on the database an opportunity to contest inclusion of their name on the database. This is an important piece of legislation because inclusion on this database can have serious consequences and affects the due process rights of those who have been placed on a gang database.
As I previously discussed in earlier blog posts, a person might be put in a gang database for simply being in detained by the police in a certain neighborhood or even put on the database in error. For those later arrested for a crime, being in the database will, in many cases, result in the prosecution alleging gang enhancements, which necessarily carry greater punishments than the underlying crime itself. For undocumented immigrants, being included on a gang database can be cause for their deportation without hearing, even if they are mis-classified on the database.