Tribal Access to CLETS: FAQ for Tribal Law Enforcement and Courts

CLETS is an efficient law enforcement communications network managed by the California Department of Justice that provides user agencies with capability to obtain criminal justice information (CJI) directly from federal and state computerized information files, including: the Automated Firearms System (AFS), the Automated Property System (APS), the Automated Criminal History System (ACHS), the California Restraining and Protective Order System (CARPOS), the Mental Health Firearms Prohibition System (MHFPS), the Missing/Unidentified Persons System (MUPS), the Supervised Release File (SRF), the Stolen Vehicle System (SVS)/Automated Boat System (ABS), the Wanted Persons System (WPS), and the California Sex and Arson Registration System (CSAR).

The Tribe qualifies for CLETS access based on Gov Code 15168(b) ²:

(b) A law enforcement agency or court of a tribe may apply to the Attorney General for access to the system. The Attorney General shall provide system access to any law enforcement agency or court of a tribe that has made application and that meets all of the qualifications prescribed in subdivision (c), as determined by the Attorney General. System access provided to a tribe shall be at the sole expense of that tribe.

A Tribe must also have its governing body adopt and maintain a law, resolution, or ordinance that includes:

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

² https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=15168.&lawCode=GOV

An Originating Agency Identifier (ORI) is a nine-character identifier assigned by the FBI CJIS Division. The ORI will determine what level of access the Tribal law enforcement or Tribal court has to the FBI CJIS systems and will identify the Tribal law enforcement or Tribal court in its transactions and queries of the state and federal CJI systems.

To obtain an ORI number, contact the CLETS Administration Unit (CAS) CAS@doj.ca.gov. The ORI may also be requested as part of the CLETS application process.

For purposes of CLETS eligibility, a Class II subscriber is a criminal justice agency, which includes those agencies or units that perform a criminal justice function other than apprehension. Class II subscribers include agencies devoted to the administration of criminal justice with personnel whose primary purpose is detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, rehabilitation of accused persons or criminal offenders, criminal identification activities, and the collection, storage and dissemination of criminal history record information. Agencies include, but are not limited to, district attorneys, courts, tribal courts, probation departments, and other miscellaneous local, state and federal agencies or sub-units thereof performing such functions. A Tribal court is eligible as a Class II CLETS subscriber.

For more information, see the CLETS Policies, Practices and Procedures (PPPs) (rev. 9/25), section 1.3.1, Eligibility for CLETS Service. If you have questions as to whether the Tribe meets the definition of a Class II subscriber, please contact the AB 44 Specialist at (916) 203-8994 or AB44CLETSinfo@doj.ca.gov.

CLEW is the California Law Enforcement Web website. CLEW access is granted to individuals that are part of a law enforcement or criminal justice agency using the agency’s ORI, that was issued by the FBI CJIS Division. CLEW access may be requested prior to beginning the CLETS application process, if the agency has an established ORI. Otherwise, CLEW access can be requested by submitting a CLEW account request at https://clew.doj.ca.gov/user/register, or during the CLETS application process.

Include the following mandatory forms/documentation when submitting the CLETS application package.

1. CLETS Application (HDC 0014)
2. New CLETS Service Addendum (CLETS New Service Only)

   The New CLETS Service Addendum requires the following documents to be attached:

   1. Documentation of establishment of your agency, and the statutory authority by which the agency operates
   2. Budget Overview
   3. Organizational Chart
      
3. DOJ Criminal Justice Information (CJI) Control Matrix
1. Network Diagram (refer to the CJI Control Matrix for additional details)
2. System CJI Security Plan (SSP)
4. CJI Certification
5. Subscriber Agreement

   The CLETS Subscriber Agreement form must be completed by all agencies participating in the CLETS, as required by CA Government Code section 15165. For a law enforcement unit of a non-law enforcement agency, the CLETS Subscriber Agreement form must be signed by the head of the law enforcement unit.

Depending on your agency’s answer, please determine if your agency needs to complete and include any of these separate discretionary forms, which may be required, but are NOT in the CLETS Application.

1. Management Control Agreement (MCA) and/or Private Contractor Management Control Agreement (PCMCA)
2. Interagency Agreement
3. Reciprocity Agreement
4. Release of Information from the CLETS form
5. CLETS Terminal Access Request Form (TARF)
6. Message Switching Computer (MSC)/Users Cost and Requirements Form

The CLETS application is the same for all agencies, including Tribal courts and Tribal law enforcement.

Please reference General Information, question 7.

The time it takes for DOJ’s CLETS application review and approval process can vary depending on several factors including:

1. Submission of all required documents completed.
2. Requested information being provided when requested.
3. Complexity of the technical solution.

Once DOJ has completed its review and recommends approval, the CLETS Advisory Committee (CAC) will need to approve agencies who have never been CLETS subscribers. CAC has two meetings a year that typically occur in the spring and fall.

The CLETS application is a PDF and can be saved locally while completing. CAS suggests the agency retain an unsigned copy of the active application, as this will allow for easy edits if further clarification or detail is needed.

Costs to obtain CLETS access will vary based on the method in which the agency would like to connect to CLETS (PPP 1.4.1):

• For Direct Interface System Hosts or Local Agency Direct Interface, the DOJ can provide estimated costs for the router, estimated telecom costs, and estimated DOJ administrative services.
• For agencies seeking to connect directly to DOJ via LEAWEB, the DOJ can provide estimated costs for the router and telecom costs associated with this connection. This type of connection is not subject to DOJ administrative service costs.
• For agencies seeking to connect to CLETS through a County Control/Host agency (e.g., local Sheriff’s department), all costs associated with this connection are determined by the County Control/Host agency.
• For initial setup, there may be vendor costs associated with hardware, software, and equipment, including training and support.

To check the status of the Tribe’s CLETS application, the Tribe can reach out to cas@doj.ca.gov or the assigned CAS analyst. When an application is received and assigned, an email will be sent with the CAS analyst’s contact information for status and future questions.

DOJ does not deny CLETS applications. Rather, it would return the application to the Tribe explaining the reason for the return. For follow up questions or to schedule a meeting an agency can reach out to cas@doj.ca.gov.

DOJ does not prescribe specific computer software to access CLETS. The Tribe will determine what software and hardware to use. There are various options, including vendor solutions and LEAWeb. The Tribe is responsible for ensuring the hardware and software it chooses meets the requirements of the current versions of the CLETS PPPs and FBI Criminal Justice Information Services (CJIS) Security Policy.

LEAWeb is a browser-based application that uses CLETS to provide access to state and federal criminal justice databases.

DOJ does not prescribe specific computer hardware to access CLETS. The Tribe will determine what software and hardware to use. There are various options, including vendor solutions. The Tribe is responsible for ensuring the hardware and software it chooses meets the requirements of the current versions of the CLETS PPPs and FBI CJIS Security Policy.

CLETS is not a server. It is a system that interfaces with state and federal databases that contain criminal justice information. CLETS is designed to provide rapid responses to inquiries sent through CLETS.

No. DOJ does not maintain a list of preferred vendors.

The SPOC can be anyone from the Tribal law enforcement or Tribal court, a representative from their IT department, or a vendor they are in agreement with (i.e., MCA or PCMCA). Per the CLETS PPP 1.3.6, if an agency requests someone other than a permanent, full-time employee as its SPOC, DOJ must be notified in writing and will review the request.

Yes, one person can hold more than one position.

Agencies should notify CAS of any changes with the ACC, SPOC, and Agency Head at their earliest convenience. This effort ensures the agency will continue to receive timely and accurate communications. CAS will provide the required forms that the Tribe must complete when there is turnover.

If the Tribe is utilizing LEAWeb, the Tribe will need to inform CAS if a user’s access should be removed. CAS will provide the DOJ forms to facilitate the removal of the account.

If the Tribe is connecting to CLETS through a County Control/Host agency and the host agency manages the CLETS access of the Tribe’s users, the Tribe will need to inform their host of any personnel changes as well.

Per CLETS PPPs (rev. 9/25), section 1.8.2.A: Full-Access Operators (FAO): FAO is a person with the ability to access CLETS to run inquiries, and create, modify, delete, clear, or cancel records (Example: Dispatchers or record clerks).

Less-Than-Full Access Operators (LTFAO): LTFAO is a person with the ability to only run inquiries in CLETS (Example: 911 operators, investigators, officers, etc.)

All individuals with unescorted access to criminal justice information must receive role based security and privacy training. All users with authorized access to CJI should be made aware of their individual responsibilities and expected behavior when accessing CJI and the systems which process CJI.

Security Awareness training: Role-based training for all individuals with access to a physically secure location (Example: Police Department or Department of Justice).

All individuals with unescorted access to a physically secure location who can hear/see CLETS derived information (Example: janitorial, repair personnel, employees without CLETS access.)

DOJ offers two trainings, nexTest and CJIS Online. The web-based application nexTEST was established as an option for agencies to meet the security training requirements for CLETS training, testing and recertification. The California Department of Justice (DOJ) offers all California law enforcement agencies access to nexTEST at no cost.

CJIS Online was established as an option for agencies to ensure their vendors and contractors meet the security awareness training requirements for CLETS training, testing, and recertification. Agencies can verify completed training on CJIS Online for vendors and contractors. Vendor and contractor employees can add themselves to CJIS Online to complete the training and receive certification. Vendors and contractors are required to test before direct or indirect access to CLETS and NCIC is established and annually thereafter.

For additional information on nexTEST or CJIS Online, please contact caldojnexTEST@doj.ca.gov. The CJIS Audits Program also provides information on CLEW regarding the CLETS audits and trainings and can be reached at DOJCSP@doj.ca.gov.