The CALEA Standards Review and Interpretation Committee, referred to as the “SRIC” meets in Executive Session just prior to each CALEA conference to work on standards for revision or creation of new ones. At the CALEA conference, the Commission votes to approve a standard or direct staff to post the standard for client comments.  Deleted language is shown as red strikethrough. The proposed new language is shown as highlighted and in bold text.

Please review the standard and complete the web form by September 10, 2023.

Law Enforcement

1.2.9 (LE1) (M M M M) (LE1) Unlawful or Improper Bias Policing in Public Safety

The agency has a written directive governing unlawful or improper bias policing in public safety and, at a minimum, includes the following provisions:

1. a prohibition against biased based policing unlawful or improper bias in public safety;
2. initial training for affected personnel prior to assignment, and annual refresher training in biased issues including legal aspects, for all affected personnel.
3. a documented annual administrative review of agency practices including activities with the potential for bias to include, but not limited to, traffic and field contacts, asset forfeiture efforts, citizen concerns complaints and any corrective measures taken.

Commentary

Biased policing Unlawful or improper bias in public safety is the application of police authority based on a common trait of a group. This includes but is not limited to race, ethnicity, national origin, religion, age, gender, gender identity, gender expression, sexual orientation, immigration status, disability, housing status, occupation, or language fluency.

Law enforcement agencies should not condone biased policing unlawful or improper bias in public safety in its enforcement programs as it may lead to allegations of violations of the constitutional rights of the citizens we serve, undermine legitimate law enforcement efforts, and may lead to claims of civil rights violations. Additionally, biased policing unlawful or improper bias in public safety alienates the public, fosters distrust of law enforcement by the community, invites media scrutiny, invites legislative action, and judicial intervention.

Law enforcement personnel should focus on a person's conduct and not consider common traits unless that trait has been associated with a specific suspect of a crime or the suspects associated with a pattern of incidents in a particular area.

Law enforcement agencies should implement ongoing, top-down training for all officers affected personnel in cultural diversity and related topics that can build trust and legitimacy in diverse communities.  This should be accomplished with the assistance of advocacy groups that represent the viewpoints of communities that have traditionally had adversarial relationships with law enforcement.  The agency should ensure all police actions provide training that addresses how bias can affect police activities and decision making, such as field contacts, traffic stops, searches, asset seizure and forfeiture, interviews and interrogations.

Training should emphasize the corrosive effects of biased policing unlawful or improper bias in public safety on individuals, the community and the agency.  Agencies should consider ways that citizens might seek to utilize law enforcement personnel against others in a biased manner and consider training, policies, or other safeguards to minimize the risk personnel are placed into biased circumstances by an outside source.

It is best practice for the agency to collect and track data relating to all citizen contacts as defined by the data tables, (biased policing Unlawful or Improper Bias in Public Safety and Traffic Warnings & Citations).  Time sensitive standard.  (M M M M) (LE1)