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GANG DATABASE APPEALS INFORMATION
The Providence Police Department maintains a “gang” database where they keep records of individuals that meet the criteria for inclusion according to their policy found here.
PERA is the appellate authority for disputes concerning removal from the gang database.
RIGHT TO KNOW
You have the right under the Providence Police-Community Relations Act (formerly Community Safety Act) to inquire whether you have been included on a “gang list” or “gang database” by the police department. They are required to inform you of your status in writing within 10 business days of receipt of your inquiry. Their written response must also include instructions on how to appeal your inclusion on the list.
The full text of the ordinance is available here.
PERA has created a form for you to use to make requesting this information from the police department easier. You can access the request form here or down below in the links sections.
REQUEST FOR REMOVAL
If you are included on a “gang list” and believe that it is a mistake, you may request removal from the list. The Police-Community Relations Act allows you to be administratively removed from the list if the department and you agree that you were added in error.
They are also required to remove you from the list if an individual has no convictions within a two-year period after their name has been placed on the “gang list,” and no new evidence meeting the criteria for inclusion on the “gang list” has been found. Your name must be removed and all related records destroyed. A letter confirming that the individual’s name has been removed from the gang list shall be sent to the person at their last known address. However, the two-year period shall not include any time the individual spent incarcerated or serving a suspended sentence.
To simplify the process, we have created a removal request form you can submit to the police here.
APPEALS PROCESS
If your request for removal is denied by the department you may submit an appeal to PERA.
Upon request, an individual whose name has been included on a gang list or gang database may challenge that designation through a formal appeal to the Providence External Review Authority. A hearing shall be scheduled within thirty (30) days at which the police department shall establish that the inclusion of the challenging individual on the gang list or gang database was consistent with the established police department policy. If a simple majority of the Providence External Review Authority (PERA) finds that the inclusion of the challenging individual on the gang list or gang database was not consistent with established police department policy, the challenging individual shall be removed from the gang list or gang database. Such hearings shall not be open meetings and under no circumstances shall evidence or information related to on-going investigations presented at such hearings be shared with any individual beyond the members of PERA, necessary PERA staff, the appellant, and the appellant’s legal counsel.
You can submit an appeal request through our Oversight Portal.