Justice Data & Investigative Services Bureau Regulations/Rulemaking Activities

Approved: Section 100 Action for the Fair and Accurate Governance of the CalGang Database (CalGang) and Fair and Accurate Governance of Shared Gang Databases (Shared Gang) Section 100 Action – Title 11, Division 1, Chapters 7.5 and 7.6

On February 22, 2023, the Office of Administrative Law approved the Department of Justice’s section 100 action regarding the CalGang and Shared Gang regulations and filed it with the Secretary of State. These regulations became effective on February 22, 2023.

Final Regulations:

• Text of Adopted Regulations

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Approved: Regulations regarding the Fair and Accurate Governance of the CalGang Database (CalGang) - Title 11, Division 1, Chapter 7.5

On August 18, 2022, the Office of Administrative Law approved the Department of Justice’s regulation regarding the Fair and Accurate Governance of the CalGang Database and filed it with the Secretary of State. These regulations become effective on August 18, 2022.

Final Regulations:

• Text of Adopted Regulations
• Final Statement of Reasons
• Updated Informative Digest

Public Notice and Related Documents:

• Notice of Proposed Rulemaking
• Text of Proposed Regulations
• Initial Statement of Reasons
• STD 399 Fiscal Impact Statement
• STD 400 (Part A)
• CalGang Gang Audit Form, Form # CJIS 9005, January 2022
• CalGang Misuse Investigation Reporting, Form # CJIS 9008, January 2022

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Approved: Regulations regarding the Fair and Accurate Governance of Shared Gang Databases – Title 11, Division 1, Chapter 7.6

On October 22, 2020, the Office of Administrative Law approved the Department of Justice’s regulations regarding the Fair and Accurate Governance of Shared Gang Databases and filed them with the Secretary of State. These regulations become effective on October 22, 2020.

Final Regulations:

• Text of Adopted Regulations
• Final Statement of Reasons
• Final Statement of Reasons – Attachment A
• Final Statement of Reasons – Attachment B
• Final Statement of Reasons – Attachment C
• Final Statement of Reasons – Attachment D
• Final Statement of Reasons – Attachment E
• Final Statement of Reasons – Attachment F
• Final Statement of Reasons – Attachment G
• Final Statement of Reasons – Attachment H
• Final Statement of Reasons – Attachment I
• Final Statement of Reasons – Attachment J
• Updated Informative Digest

Supplemental 15-Day Notices:

July 28, 2020

• Notice of Fourth Modification to Text of Proposed Regulations
• Proposed 15-Day Modifications

May 20, 2020

• Notice of Third Modification to Text of Proposed Regulations
• Notice of Addition of Documents and Information to the Rulemaking File
• Proposed 15-Day Modifications
• AB 90 Empirical Literature Review Supplement

December 31, 2019

• Amended Notice of Modification to Text of Proposed Regulations and Second Addendum to Initial Statement of Reasons
• Notice of Modification to Text of Proposed Regulations and Second Addendum to Initial Statement of Reasons
• Notice of Addition of Documents and Information to the Rulemaking File
• Proposed 15-Day Modifications
• Second Addendum to Initial Statement of Reasons

July 31, 2019

• Amended Notice of Modified Text and Addendum to Initial Statement of Reasons
• Notice of Modified Text and Addendum to Initial Statement of Reasons
• Proposed 15-Day Modifications
• Addendum to Initial Statement of Reasons

Public Notice and Related Documents:

• Notice of Proposed Rulemaking
• Text of Proposed Regulations
• Initial Statement of Reasons
• STD 399 Fiscal Impact Statement
  • STD 399 Attachment
• STD 400 (Part A)

Approved: Regulations for the California Restraining and Protective Order System (CARPOS) (formerly Gun Violence Restraining Orders (GVRO)). In response to the public comments, and to clarify the regulations as originally proposed the Department has revised the proposed regulations to conform to the changes made to Penal Code section 14231.5 and the addition of Penal Code section 14240.

On April 7, 2022, the Office of Administrative Law approved the Department of Justice’s regulation regarding the California Restraining and Protective Order System and filed it with the Secretary of State. These regulations become effective on July 1, 2022.

Final Regulations:

• Office of Administrative Law Notice of Approval
• Text of Adopted Regulations
• Final Statement of Reasons
• Final Statement of Reasons – Appendix A
• Final Statement of Reasons – Appendix B
• Updated Informative Digest

Supplemental 15-Day Notices:

March 10, 2022

• Notice of Third Modifications to Text of Proposed Regulations
• Proposed 15-Day Modifications

October 29, 2021

• Notice of Second Modifications to Text of Proposed Regulations
• Proposed 15-Day Modifications
• Second Addendum to the Initial Statement of Reasons

August 11, 2021

• Proposed 15-Day Modifications
• Notice of Modifications to Text of Proposed Regulations, Addendum to Initial Statement of Reasons, and Addition of Documents to Rulemaking File
• Addendum to Initial Statement of Reasons
• California Department of Justice (CADOJ) California Justice Information Services (CJIS) Division Security Requirements for Research Organizations, Contractors, External Entities, & Vendors
• Document Incorporated by Reference - CJIS Cloud Control Catalog Appendix A
• Document Incorporated by Reference - CJIS Security Policy
• Document Incorporated by Reference - Requirements Companion Document to the FBI CJIS Security Policy Version 5.9

Public Notice and Related Documents:

• Secondly Revised Notice of Proposed Rulemaking
• Revised Notice of Proposed Rulemaking
• Notice of Proposed Rulemaking
• Text of Proposed Regulation
• Initial Statement of Reasons
• Document Incorporated by Reference – NIST Special Publication 800-88
• Document Relied Upon – SLDS Technical Brief
• STD 399 Fiscal Impact Statement
  • STD 399 Attachment
• STD 400

Approved: Regulations regarding Electronic Recording Delivery System (ERDS) – Title 11, Division 1, Chapter 18, Article 5

On January 21, 2021, the Office of Administrative Law approved the Department of Justice’s regulations regarding ERDS and filed them with the Secretary of State. These regulations became effective on January 21, 2021.

Final Regulations:

• Office of Administrative Law Notice of Approval
• Text of Adopted Regulations
• Final Statement of Reasons
• Updated Informative Digest

Public Notice and Related Documents:

• Notice of Proposed Rulemaking
• Text of Proposed Regulations
• Initial Statement of Reasons
• STD 399 Fiscal Impact Statement
  • STD 399 Attachment
• STD 400

Approved: Regulations regarding Controlled Substance Utilization Review and Evaluation System (CURES) - Title 11, Division 1, Chapter 8.5

On August 15, 2022, the Office of Administrative Law approved the Department of Justice’s regulation regarding the Controlled Substance Utilization Review and Evaluation System and filed it with the Secretary of State. These regulations become effective on August 15, 2022.

Final Regulations:

• Office of Administrative Law Notice of Approval
• Text of Adopted Regulations
• Final Statement of Reasons
• Final Statement of Reasons - Attachment A
• Final Statement of Reasons – Attachment B
• Updated Informative Digest

Documents Incorporated by Reference:

• CURES 0001 - DOJ Consent for Use of Personal Information from CURES, (Orig. July 2021)
• CURES 0002 - DOJ CURES Information Exchange Web Service Onboarding Questionnaire, (Rev. July 2021)
• DOJ CURES Information Exchange Web Service Overview, (Rev. November 2021)
• CURES 101 - Information Practices Act Individual Request Form, (Rev. July 2021)
• CURES 201 - Information Practices Act Representative Request Form, (Rev. July 2021)
• DOJRC 0001 - DOJ Research Center (DOJRC) Security Variance Form for Data Access Non-Compliance of Security Requirements, (Orig. July 2021)
• DOJRC 0002 - DOJRC Researcher Data Access User Agreement, (Orig. July 2021)
• DOJRC 0003 - DOJRC Researcher Confidentiality and Non-Disclosure (CND) Agreement, (Orig. July 2021)

Supplemental 15-Day Notices:

May 26, 2022

• Notice of Second Modifications to Text of Proposed Regulations
• Proposed 15-Day Modifications
• Department of Justice (DOJ) Consent for Use of Personal Information from CURES, CURES 0001 (Orig. July 2021)
• DOJ CURES Information Exchange Web Service Onboarding Questionnaire, CURES 0002 (Rev. July 2021)
• DOJ Research Center (DOJRC) Researcher Confidentiality and Non-Disclosure (CND) Agreement, DOJRC 0003 (Orig. July 2021)
• CURES Information Practices Act Individual Request Form, CURES 101 (Rev. July 2021)
• CURES Information Practices Act Representative Request Form, CURES 201 (Rev. July 2021)
• DOJ CURES Information Exchange Web Service Overview (Rev. November 2021)
• DOJRC Researcher Data Access User Agreement, DOJRC 0002 (Orig. July 2021)
• DOJRC Security Variance Form for Data Access Non-Compliance of Security Requirements, DOJRC 0001 (Orig. July 2021)
• NIST Special Publication 800-171, Revision 2, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations (February 2020)
• 45 Code of Federal Regulations part 162.103 (10-1-20 Edition)
• 45 Code of Federal Regulations part 160.103 (10-1-20 Edition)
• 45 Code of Federal Regulations part 164.514, subdivision (b)(2)(i), (10-1-20 Edition)
• 45 Code of Federal Regulations part 160.103 (10-1-19 Edition)

December 15, 2021

• Notice of Modifications to Text of Proposed Regulations
• Proposed 15-Day Modifications
• Department of Justice (DOJ) CURES Information Exchange Web Service Overview (Rev. November 2021)

Public Notice and Related Documents:

• Notice of Proposed Rulemaking
• Text of Proposed Regulations
• Initial Statement of Reasons
• STD 399 Fiscal Impact Statement
• STD 399 Attachment
• STD 400 (Part A)
• STD 400 Attachment
• Department of Justice (DOJ) Consent for Use of Personal Information from CURES, CURES 0001 (Orig. July 2021)
• DOJ Research Center (DOJRC) Security Variance Form for Data Access Non-Compliance of Security Requirements, DOJRC 0001 (Orig. July 2021)
• DOJRC Researcher Confidentiality and Non-Disclosure (CND) Agreement, DOJRC 0003 (Orig. July 2021)
• DOJRC Researcher Data Access User Agreement, DOJRC 0002 (Orig. July 2021)
• DOJ CURES Information Exchange Web Service Onboarding Questionnaire, CURES 0002 (Rev. July 2021)
• DOJ CURES Information Exchange Web Service Overview (Rev. July 2021)
• Information Practices Act Individual Request Form, CURES 101 (Rev. July 2021)
• Information Practices Act Representative Request Form, CURES 201 (Rev. July 2021)

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Approved: Section 100 Action for the Controlled Substance Utilization Review and Evaluation System (CURES) Regulations – Title 11, Division 1, Chapter 8.5 (in relation to the below CURES regulations)

On February 2, 2021, the Office of Administrative Law approved the Department of Justice’s section 100 action regarding the CURES regulations and filed it with the Secretary of State. These regulations became effective on February 2, 2021.

Final Regulations:

• Text of Adopted Regulations

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Approved: Regulations regarding the Controlled Substance Utilization Review and Evaluation System (CURES) – Title 11, Division 1, Chapter 8.5

On May 14, 2020, the Office of Administrative Law approved the Department of Justice’s regulations regarding CURES and filed them with the Secretary of State. These regulations become effective on July 1, 2020.

Final Regulations:

• Office of Administrative Law Notice of Approval
• Text of Adopted Regulations
• Final Statement of Reasons
• Final Statement of Reasons – Attachment A
• Final Statement of Reasons – Attachment B
• Updated Informative Digest
• CURES Regulations Fact Sheet

Documents Incorporated By Reference:

• National Institute of Standards and Technology (NIST) Special Publication 800-88, December 2014
• CURES-101 Information Practices Act Individual Request Form, September 2019
• CURES-201 Information Practices Act Representative Request Form, September 2019
• CURES Information Exchange Web Service Overview, December 2019
• CURES Information Exchange Web Service Onboarding Questionnaire, December 2019

Supplemental 15-Day Notices:

• Notice of Modification to Text of Proposed Regulations
• Proposed 15-Day Modifications
• CURES Information Exchange Web Service Overview, December 2019
• CURES Information Exchange Web Service Onboarding Questionnaire, December 2019

Public Notice and Related Documents:

• Notice of Proposed Rulemaking
• Text of Proposed Regulations
• Initial Statement of Reasons
• STD 399 Fiscal Impact Statement
  • STD 399 Attachment
• STD 400 (Part A)
• National Institute of Standards and Technology (NIST) Special Publication 800-88, December 2014
• CURES-101 Information Practices Act Individual Request Form, September 2019
• CURES-201 Information Practices Act Representative Request Form, September 2019
• CURES Information Exchange Web Service Overview, September 2019
• CURES Information Exchange Web Service Onboarding Questionnaire, September 2019

Approved: Section 100 Action for the California Pawn and SecondhandDealer System (CAPSS) - Title 11, Division 1, Chapter 22

On March 27, 2023, the Office of Administrative Law approved the Department of Justice’s section 100 action regarding the California Pawn and SecondhandDealer System regulations and filed it with the Secretary of State. These regulations became effective on March 27, 2023.

Final Regulations:

• Text of Adopted Regulations

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Approved: Regulations regarding California Pawn and SecondhandDealer System (CAPSS) - Title 11, Division 1, Chapter 22

On April 13, 2022, the Office of Administrative Law approved the Department of Justice’s regulation regarding the California Pawn and SecondhandDealer System and filed it with the Secretary of State. These regulations become effective on January 1, 2023.

Final Regulations:

• Text of Adopted Regulations
• Final Statement of Reasons
• Updated Informative Digest

Public Notice and Related Documents:

• Notice of Proposed Rulemaking
• Text of Proposed Regulations
• Initial Statement of Reasons
• STD 399 Fiscal Impact Statement
• STD 400 (Part A)

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Approved: Regulations regarding California Pawn and SecondhandDealer System (CAPSS) – Title 11, Division 1, Sections 999.500, 999.503, 999.504, 999.505, and 999.506

On October 11, 2019, the Office of Administrative Law approved Sections 999.500, 999.503, 999.504, 999.505, and 999.506 of the Department of Justice’s regulations regarding CAPSS and filed them with the Secretary of State. These regulations become effective on January 1, 2020.

Final Regulations:

• Text of Adopted Regulations
• Addendum to the Final Statement of Reasons
• Final Statement of Reasons
• Updated Informative Digest

Approved: Regulations regarding California Pawn and SecondhandDealer System (CAPSS) – Title 11, Division 1, Sections 999.501 and 999.502

On November 19, 2019, the Office of Administrative Law approved Sections 999.501 and 999.502 of the Department of Justice’s regulations regarding CAPSS and filed them with the Secretary of State. These regulations become effective on January 1, 2020.

Final Regulations:

• Text of Adopted Regulations

Supplemental 15-Day Notices:

• Notice of Modifications to the Initial Statement of Reasons
• Supplement to Initial Statement of Reasons
• Modified Text of the Proposed Regulations

• Proposed 15-Day Modifications
• Notice of Public Availability of Modified Text

Public Notice and Related Documents:

• Notice of Proposed Rulemaking
• Text of Proposed Regulations
• Initial Statement of Reasons
• STD 399 Fiscal Impact Statement
• STD 400 (Part A)

Approved: Regulations regarding Electronic Recording Delivery System (ERDS) – Title 11, Division 1, Chapter 18, Articles 2, 4, 5, 6, 7, and 9

On October 7, 2019, the Office of Administrative Law approved the Department of Justice’s regulations regarding ERDS and filed them with the Secretary of State. These regulations become effective on January 1, 2020.

Final Regulations:

• Text of Adopted Regulations
• Final Statement of Reasons
• Updated Informative Digest

Documents Incorporated By Reference:

• Federal Information Processing Standard (FIPS) 180-4, Secure Hash Standard, August 2015
• National Institute of Standards and Technology (NIST) Special Publication 800-88 Revision 1, Guidelines for Media Sanitization, December 2014
• NIST Special Publication 800-63-3, Digital Identity Guidelines, June 2017
• NIST Special Publication 800-70 Revision 4, National Checklist Program for IT Products - Guidelines for Checklist Users and Developers, February 2018
• NIST Special Publication 800-52 Revision 1, Guidelines for the Selection, Configuration, and Use of Transport Layer Security (TLS) Implementations, April 2014
• FIPS 202, SHA-3 Standard: Permutation-Based Hash and Extendable-Output Functions, August 2015
• FIPS 140-2, Security Requirements for Cryptographic Modules, May 2001 (change notice dated, December 2002)
• Application for Withdrawal, Form # ERDS 0010, May 2011
• Request for Replacement of Certificate and/or Documents, Form # ERDS 0006

Public Notice and Related Documents:

• Notice of Proposed Rulemaking
• Text of Proposed Regulations
• Initial Statement of Reasons
• STD 399 Fiscal Impact Statement
• STD 400 (Part A)