Bias-Based_Policing

Policy 428University of California Irvine Police Department UC Irvine PD Policy Manual Bias-Based Policing 428.1 PURPOSE AND SCOPE This policy affirms the University of California Irvine Police Department's commitment to fair and objective policing. Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the University of California Irvine Police Department's relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach, partnerships). All complaints of bias-based policing activity will be investigated. 428.1.1 DEFINITIONS Definitions related to this policy include: Bias-based policing - A reliance on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability (protected characteristics), or affiliation with any non-criminal group as the basis for providing differing law enforcement service or enforcement. 428.2 POLICY The University of California Irvine Police 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 department to provide law enforcement services and to enforce the law equally, fairly, objectively, and without discrimination toward any individual or group. 428.3 BIAS-BASED POLICING PROHIBITED Bias-based policing is strictly prohibited. However, nothing in this policy is intended to prohibit an officer 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. 428.3.1 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): (a)In compiling personal information about a person's religious belief, practice, affiliation, national origin, or ethnicity. Copyright Lexipol, LLC 2025/09/09, All Rights Reserved. Published with permission by University of California Irvine Police DepartmentBias-Based Policing - 494 University of California Irvine Police Department UC Irvine PD Policy Manual Bias-Based Policing (b)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. 428.4 MEMBER RESPONSIBILITIES Every member of the University of California Irvine Police Department shall perform their 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. 428.4.1 REASON FOR CONTACT Officers contacting a person shall be prepared to articulate sufficient reason for the contact, independent of the individual's protected characteristics. To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved officer 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 officer to document a contact that would not otherwise require reporting. 428.4.2 DISCLOSURE AND DOCUMENTATION OF TRAFFIC AND PEDESTRIAN STOP An officer 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 officer 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). Officers shall document the reason for the stop on any citation or report (Vehicle Code § 2806.5). 428.5 REPORTING OF STOPS (RACIAL AND IDENTITY PROFILING ACT OF 2015) The University of California Police Irvine Department shall collect and report to the California Attorney General detailed data regarding all stops defined as a detention or search, including consensual search, in compliance with the Racial and Identity Profiling Act (RIPA). The data to be collected on each stop by law enforcement includes, among other things (California Government Code §12525.5): •Time, date, location, reason for and the result of the stop; •Perceived race or ethnicity, gender and approximate age of the person stopped; •Actions taken by the officer during the stop, including whether the officer asked for consent to search; whether a search was conducted; and whether any evidence or contraband was discovered or seized. The reporting requirements under this section took effect on November 1, 2020. Copyright Lexipol, LLC 2025/09/09, All Rights Reserved. Published with permission by University of California Irvine Police DepartmentBias-Based Policing - 495 University of California Irvine Police Department UC Irvine PD Policy Manual Bias-Based Policing Unless an exception applies under 11 CCR 999.227, an officer conducting a stop of a person shall collect the data elements required by 11 CCR 999.226 for every person stopped and prepare a stop data report. When multiple officers conduct a stop, the officer 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