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Policy 401Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2024/05/14, All Rights Reserved. Published with permission by Santa Monica Police DepartmentBias-Based Policing - 1Bias-Based Policing 401.1 PURPOSE AND SCOPE This policy provides guidance to Department members that affirms the Santa Monica Police Department's commitment to Constitutional policing that is fair, objective, and fosters mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. 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, while at the same time emphasizing an understanding and respect for racial, identity, and cultural differences (e.g., cultural and ethnicity awareness training, youth programs, community group outreach, partnerships). 401.1.1 DEFINITIONS Definitions related to this policy include: 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). 401.2 POLICY The Santa Monica 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. 401.3 BIAS-BASED POLICING PROHIBITED Bias-based policing is strictly prohibited. However, nothing in this policy is intended to prohibit a sworn 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. 401.3.1 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): Santa Monica Police Department Santa Monica Police Department Policy Manual Bias-Based Policing Copyright Lexipol, LLC 2024/05/14, All Rights Reserved. Published with permission by Santa Monica Police DepartmentBias-Based Policing - 2(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 religious belief, practice, or affiliation, or national origin or ethnicity. 401.4 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 to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based actions by another member. 401.4.1 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, 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 in accordance with existing law. 401.4.2 RACIAL AND IDENTITY PROFILING ACT (RIPA) REQUIREMENTS An officer shall complete a RIPA report for specific types of stops and searches as defined in 11 CCR 999.227. A RIPA report shall be completed for any detention or search of a person or property in their possession or control, including pat-down and consensual searches. Data collected must at a minimum include the data elements required by 11 CCR 999.226, but shall not include personal identifying information of the persons stopped, such as name, address, social security number or any other unique personal identifying information. Data collected by officers will be sent to the California Department of Justice (DOJ) on an annual basis via the Department's RIPA reporting system. 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 RIPA report (11 CCR 999.227). If multiple agencies are involved in a stop and the Santa Monica Police Department is the primary agency, the Santa Monica Police Department officer shall collect the data elements and prepare the RIPA report (11 CCR 999.227). Officers shall complete and submit all RIPA reports by the end of their shift unless exigent circumstances preclude doing so (11 CCR 999.227). In such circumstances, the officer must notify a supervisor, and complete the report as soon as practicable. The data collected for the RIPA report shall not be used for disciplinary purposes or for use in performance evaluations. However, failing to document a stop as required by this policy may result in disciplinary action. Santa Monica Police Department Santa Monica Police Department Policy Manual Bias-Based