Policy Text
Policy
402Milpitas Police Department
Milpitas PD CA Policy Manual
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milpitas Police DepartmentRacial- or Bias-Based Profiling - 273Racial- or Bias-Based Profiling
402.1 PURPOSE AND SCOPE
This policy provides guidance to department members that affirms the Milpitas Police
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 department's relationship with its diverse communities (e.g., culturaland ethnicity awareness training, youth programs, community group outreach, partnerships).
402.1.1 DEFINITIONS
Definitions related to this policy include:
Bias-based policing - An inappropriate reliance on actual or perceived characteristics
such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity orexpression, economic status, age, cultural group, disability, or affiliation with any non-criminalgroup (protected characteristics) as the basis for providing differing law enforcement service orenforcement (Penal Code § 13519.4).
402.2 POLICY
The Milpitas 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 thepolicy of this department 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 an officer from considering protected
characteristics in combination with credible, timely and distinct information connecting a person orpeople 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):
(a) In compiling personal information about a person’s religious belief, practice, affiliation,
national origin or ethnicity.
(b) By investigating, enforcing or assisting with the investigation or enforcement of any
requirement that a person register with the federal government based on religiousbelief, practice, or affiliation, or national origin or ethnicity.
Milpitas Police Department
Milpitas PD CA Policy Manual
Racial- or Bias-Based Profiling
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milpitas Police DepartmentRacial- or Bias-Based Profiling - 274402.4 MEMBER RESPONSIBILITIES
Every member of this department 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 toa supervisor. Members should, when reasonable to do so, intervene to prevent any biased-basedactions by another member.
402.4.1 REASON FOR CONTACT
Officers 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 officer should include those facts giving rise to the contact, asapplicable.
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.
402.4.2 REPORTING OF STOPS
Effective January 1, 2022, 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. Whenmultiple officers conduct a stop, the officer with the highest level of engagement with the personshall collect the data elements and prepare the report (11 CCR 999.227).
If multiple agencies are involved in a stop and the Milpitas Police Department is the primary
agency, the Milpitas Police Department officer shall collect the data elements and prepare thestop data report (11 CCR 999.227).
The stop data report should be completed by the end of the officer’s shift or as soon as practicable
(11 CCR 999.227).
The data shall be reported to the California Department of Justice on or before April 1, 2023.
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 ComplaintsPolicy.
(a) Supervisors should discuss any issues with the involved officer and his/her supervisor
in a timely manner.
1. Supervisors should document these discussions, in the prescribed manner.
(b) Supervisors should periodically review MAV recordings, portable audio/video
recordings, Mobile Computer Terminal (Other:) data and any other available resourceused to document contact between officers and the public to ensure compliance withthe policy.
1. Supervisors should document these periodic reviews.
Milpitas Police Department
Milpitas PD CA Policy Manual
Racial- or Bias-Based Profiling
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milpitas Police DepartmentRacial- or Bias-Based Profiling - 2752. Recordings or data that capture a potential instance of bias-based policing
should be appropriately retained for administrative investigation purposes.
(c) Supervisors shall initiate investigations of any actual or alleged violations of this policy.(d) Supervisors should take