402 - Biased-Based Policing
402.1 PURPOSE AND SCOPE
This policy provides guidance to office members that affirms the Hartwell County Sheriff’s Department's commitment to policing that is fair and objective.
Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the office's relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach, partnerships).
402.1.1 DEFINITIONS
Bias-based policing or improper profiling — An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin (including limited English proficiency), religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement (Penal Code § 13519.4). This includes explicit and implicit biases (i.e., conscious and unconscious beliefs or attitudes towards certain groups).
This includes biased conduct, including but not limited to conduct online, such as social media use, engaged in by a peace officer in any encounter with the public, first responders, or employees of criminal justice agencies, that is motivated by bias toward any person's protected class or characteristic, whether actual or perceived as identified in Civil Code 51(b) of the Unruh Civil Rights Act. Biased conduct may result from implicit and explicit biases. Conduct is biased if a reasonable person with the same training and experience would conclude, based upon the facts, that a peace officer's conduct resulted from bias towards that person's membership in a protected class. A peace officer need not admit biased or prejudiced intent for conduct to be determined to be biased conduct (Penal Code § 13510.6; 11 CCR 1022).
402.2 POLICY
The Hartwell County Sheriff’s Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this office to provide law enforcement services and to enforce the law equally, fairly, objectively and without discrimination toward any individual or group.
402.3 BIAS-BASED POLICING PROHIBITED
Bias-based policing is strictly prohibited.
However, nothing in this policy is intended to prohibit a deputy from considering protected characteristics in combination with credible, timely and distinct information connecting a person or people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents, specific criminal patterns or specific schemes.
402.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT
Members shall not collect information from a person based on religious belief, practice, affiliation, national origin or ethnicity unless permitted under state or federal law (Government Code § 8310.3).
Members shall not assist federal government authorities (Government Code § 8310.3):
- In compiling personal information about a person’s religious belief, practice, affiliation, national origin or ethnicity.
- By investigating, enforcing or assisting with the investigation or enforcement of any requirement that a person register with the federal government based on religious belief, practice, or affiliation, or national origin or ethnicity.
402.4 MEMBER RESPONSIBILITIES
Every member of this office shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of bias-based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based actions by another member.
402.4.1 REASON FOR CONTACT
Deputies contacting a person shall be prepared to articulate sufficient reason for the contact, independent of the protected characteristics of the individual.
To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved deputy should include those facts giving rise to the contact, as applicable.
Except for required data-collection forms or methods, nothing in this policy shall require any deputy to document a contact that would not otherwise require reporting.
402.4.2 REPORTING OF STOPS
Unless an exception applies under 11 CCR 999.227, a deputy conducting a stop of a person shall collect the data elements required by Government Code § 12525.5 and 11 CCR 999.226 for every person stopped and prepare a stop data report. When multiple deputies conduct a stop, the deputy with the highest level of engagement with the person shall collect the data elements and prepare the report (11 CCR 999.227).
If multiple agencies are involved in a stop and the Hartwell County Sheriff’s Department is the primary agency, the Hartwell County Sheriff’s Department deputy shall collect the data elements and prepare the stop data report (11 CCR 999.227).
The stop data report should be completed by the end of the deputy's shift or as soon as practicable (11 CCR 999.227).
402.4.3 DISCLOSURE AND DOCUMENTATION OF TRAFFIC OR PEDESTRIAN STOP
A deputy conducting a traffic or pedestrian stop shall state the reason for the stop prior to questioning the individual related to a criminal investigation or traffic violation unless the deputy reasonably believes that withholding the reason for the stop is necessary to protect life or property from imminent threat, including but not limited to cases of terrorism or kidnapping (Vehicle Code § 2806.5).
Deputies shall document the reason for the stop on any citation or report (Vehicle Code § 2806.5).
402.5 SUPERVISOR RESPONSIBILITIES
Supervisors should monitor those individuals under their command for compliance with this policy and shall handle any alleged or observed violations in accordance with the Personnel Complaints Policy.
- Supervisors should discuss any issues with the involved deputy and their supervisor in a timely manner.
- Supervisors should document these discussions in the prescribed manner.
- Supervisors should periodically review Mobile Audio/Video (MAV) recordings, bodyworn camera (BWC) media, Mobile Data Tablet (MDT) data, and any other available resource used to document contact between deputies and the public to ensure compliance with the policy.
- Supervisors should document these periodic reviews.
- Recordings or data that capture a potential instance of bias-based policing should be appropriately retained for administrative investigation purposes.
- Supervisors shall initiate investigations of any actual or alleged violations of this policy.
- When investigating any bias-related complaint or law enforcement activity incident that involves possible indications of deputy biased conduct or improper profiling, a supervisor shall determine whether the deputy engaged in conduct that constitutes biased conduct as defined in 11 CCR 1022 or improper profiling during a law enforcement activity as described in Penal Code § 13519.4(e) (Penal Code § 13510.6).
- Supervisors should take prompt and reasonable steps to address any retaliatory action taken against any member of this office who discloses information concerning biasbased policing.
402.6 ADMINISTRATION
The Undersheriff, or their designee, Bureau Commander should review the efforts of the Office to provide fair and objective policing and submit an annual report, including public concerns and complaints, to the Sheriff. The report should also include a documented review of office activities with potential for bias. This may include traffic and field contacts, asset forfeiture efforts, citizen complaints, and any corrective measures taken. The annual report should not contain any identifying information about any specific complaint, member of the public, or deputy. It should be reviewed by the Sheriff to identify any changes in training or operations that should be made to improve service.
Supervisors should review the annual report and discuss the results with those they are assigned to supervise.
402.7 TRAINING
Training on fair and objective policing and review of this policy shall be conducted annually and include:
- Explicit and implicit biases.
- Avoiding improper profiling.
402.7.1 ADDITIONAL STATE REQUIREMENTS
Training should be conducted as directed by Training Division or Professional Standards Division.
- All sworn members of this office will be scheduled to attend Peace Officer Standards and Training (POST)-approved training on the subject of bias-based policing.
- Pending participation in such POST-approved training and at all times, all members of this office are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community.
- Each sworn member of this office who received initial bias-based policing training will thereafter be required to complete an approved POST refresher course every five years, or sooner if deemed necessary, in order to keep current with changing racial, identity, and cultural trends (Penal Code § 13519.4(i)).
402.8 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
The Professional Standards Division Manager shall ensure that all data required by the California Department of Justice (DOJ) regarding complaints of racial bias against deputies is collected and provided to the Records Manager for required reporting to the DOJ (Penal Code § 13012; Penal Code § 13020). See the Records Division Policy.
Supervisors should ensure that data stop reports are provided to the Records Manager for required annual reporting to the DOJ (Government Code § 12525.5) (See Records Bureau Policy).
Briefing Training