AB 44 – Tribal Access to CLETS

  1. Native American Affairs
  2. AB 44 – Tribal Access to CLETS

What is Assembly Bill 44?

California Assembly Bill 44 (Ramos, 2023) (AB 44), authored by Assemblymember James Ramos and approved by Governor Gavin Newsom on October 10, 2023, adds Section 15168 to the California Government Code, granting qualified Tribal law enforcement agencies and Tribal courts of federally recognized Indian Tribes in the State of California access to the California Law Enforcement Telecommunications System (CLETS).

CLETS is an efficient law enforcement communications network managed by the California Department of Justice that provides user agencies with capability to obtain information directly from federal and state computerized information, including criminal records, driver license and vehicle registration, missing persons, restraining and protective orders, stolen vehicles, and other critical public safety information.

Prior to AB 44, Tribal police departments and Tribal courts lacked direct access to CLETS, creating significant barriers to effective investigations and enforcement, particularly in cases involving Missing and Murdered Indigenous Peoples (MMIP), domestic violence, and protective orders. The Tribes' exclusion from CLETS access hindered cooperation between Tribal, state, and local law enforcement, escalating public safety challenges on and near Tribal lands.

AB 44 addresses these issues by allowing qualified federally recognized Tribes in the State of California to connect to CLETS, improving information sharing, enhancing enforcement of protective orders, and supporting more thorough investigations. The bill aligns Tribal access with federal provisions (28 U.S.C. § 534 and 34 U.S.C. § 41107), ultimately increasing safety for Tribal communities and surrounding areas.  

How Access Works

  • Eligibility: Applies to federally recognized Tribes whose lands are wholly or partially in California.
  • Application Process: Tribes apply to the California Attorney General (via the California Department of Justice).

Qualifications

According to AB 44, a Tribe may apply for access to CLETS if the Governing Body of that Tribe enacts and maintains a law, resolution, or ordinance that includes: 1

  • A waiver of sovereign immunity for claims related to CLETS use or misuse.
  • An agreement that California law governs related claims, with jurisdiction in state or federal courts.
  • Recognition it must cooperate with any Department of Justice inspections, audits, and investigations, including any possible sanctions.
  • An agreement to comply with California laws governing record use and confidentiality.  
  • Adherence to Department of Justice regulations, policies, and security procedures.

Tribes are responsible for all expenses, including initial setup and ongoing fees, like other subscribers.

For more information regarding AB 44 - Tribal access to CLETS, contact the AB 44 CLETS Specialist at (916) 203-8994 or AB44CLETSinfo@doj.ca.gov. For other inquiries contact the Office of Native American Affairs at (916) 210-6474 or ONAA@doj.ca.gov.

Additional Information