Police Department Policy

GO 27-02 AB 953 (NEW 2-20)_02112020

Sacramento County Sheriff

Policy Text
Page 1 of 5 27/02 (NEW 2/20) GENERAL ORDER AB 953 RIPA Compliance The Racial Identity and Profiling Act of 2015, also known as RIPA or AB 953, requires the collection of specific demographic data on individuals detained or searched by peace officers. For the purposes of this law, “peace officer” is as defined in Chapter 4.5 of Title 3 of Part 2 of the Penal code. AB 953 was passed into law as part of Title 11, Chapter 19, of the California Code of Regulations. This collected data is required to be submitted to the California Department of Justice on a periodic basis. I. Policy Statement This General Order has been created to outline a proc ess for compliance with the Racial Identity and Profiling Act of 2015. It is the intent of the Department to gather and report the required data and no part of this order should be interpreted in a way to conflict with any currently e xisting law. T he Department’s AB 953 Stop D ata Collection Application may be modified as needed to maintain compliance with required data reporting . II. Data Collection Requirement Every peace officer is required to complete an AB 953 report following interactions described in section IV of this order. Officers must report their perceptions of specified characteristics when a civilian is detained , searched , or has their property sea rched . An officer’s perception shall be based on their personal observations and interactions with the person detained . The officer shall not ask the citizen any additional identifying questions , refer to their driver’s license or identification card, or ask another person for information which would verify the identity of the person detained. III. Unique identification information A. In no circumstance shall an officer include any individual’s unique identification information into an AB 953 report. This would include information such as names, identification numbers, social security number, cross -reference number , or any other unique information which could be used to identify the specific individual who was the subject of the interaction . Page 2 of 5 27/02 (NEW 2/20) IV. Reportable interactions Peace officers shall complete an AB 953 report for every person detained or searched or when property in their possession is searched regardless of the initial reason for the encounter, unless it falls under an exception listed in this order . All AB 953 reports should be completed by end of watch unless exigent circumstances exist . V. Repor ting when there are multiple officers or multiple agencies : A. When there are multiple officers interacting with the detained or searched individual (s): 1. Only one AB 953 report shall be submitted for each individual searched or detained, regardless of the number of officers involved in each interaction. 2. The officer with the highest level of interaction with the individual is responsible for completing the AB 953 report . 3. All reportable actions taken by any officer during the detention or search shall be included in the AB 953 report . B. When there are multiple agencies at the scene and interacting with the detained or searched person(s): 1. Only the primary agency with investigative jurisdiction for the incident shall c omplete the AB 953 report through their reporting system . C. In no case should duplicate reports be submitted for the same individual by multiple officers or multiple agencies. VI. Interactions with students in a K -12 public school A. Peace officers shall complete an AB 953 report only i f the following interactions occur with students on the grounds of a K-12 public school: 1. Any interaction that results in a temporary custody under Welfare and Institutions Code section 625, citation, arrest, permanent seizure of property as evidence of a criminal offense, or referral to a school administrator because of suspected criminal activity. 2. Any interaction in which the student is questioned for the purpose of investigating whether the student committed a violation of law, including violations of Education Code sections 48900, 48900.2, 48900.3, 48900.4, and 48900.7, or to determine whether the student is truant. 3. Any interaction in which an officer engages in one or more of the actions as described in section IV of this order. Page 3 of 5 27/02 (NEW 2/20) B. Peace officer s shall not complete an AB 953 report in the following interactions with students on the grounds of a K-12 public school: 1. Any detention or search of all persons as part of a neutrally applied formula that is not based upon personal characteristics. Such as a security checkpoint. 2. The interaction only includes searches conducted at the entries or exits of school facilities by screening devices, and secondary screenings that result from that initial screening . a. Example 1: All students entering a school are required to pass through a metal detector. A school police officer searches a student’s person or belongings because a metal detector is activated. The interaction shall not be reported. b. Example 2: An officer searches a student’s backpack because he

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