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AB-572 Law enforcement: training: racial profiling.(2017-2018)

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Date Published: 06/15/2018 04:00 AM
AB572:v96#DOCUMENT

Amended  IN  Senate  June 14, 2018
Amended  IN  Senate  July 03, 2017
Amended  IN  Assembly  May 26, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 572


Introduced by Assembly Member Quirk-Silva

February 14, 2017


An act to add and repeal Section 11834.015 of the Health and Safety Code, relating to alcoholism or drug abuse recovery or treatment facilities. An act to amend Section 13519.4 of the Penal Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


AB 572, as amended, Quirk-Silva. Alcoholism or drug abuse treatment facilities: City of Costa Mesa pilot program. Law enforcement: training: racial profiling.
Existing law requires peace officers to receive preservice training developed by the Commission on Peace Officer Standards and Training regarding racial, identity, and cultural awareness, recognizing implicit bias, and preventing racial or identity profiling in law enforcement. Existing law requires peace officers to also complete a refresher course on these subjects at least every 5 years.
This bill would instead require the refresher training to be completed at least annually.
By requiring local agencies to provide that training for their employees with greater frequency, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law provides that the State Department of Health Care Services has the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities, as defined. Existing law authorizes the department to conduct announced or unannounced site visits to licensed facilities to review compliance with all applicable statutes and regulations.

This bill would require the State Department of Health Care Services to establish a pilot program to locate an investigator within a participating city to investigate complaints against licensed adult alcoholism or drug abuse recovery or treatment facilities within the city. The participating city would be the City of Costa Mesa if the City Council of the City of Costa Mesa elects to participate in the pilot program. The bill would require the department to implement the pilot program by executing a contract with the City of Costa Mesa providing that the department will assign an investigator and the city will reimburse the department for the costs associated with the pilot program, including, but not limited to, the administrative costs and the investigator’s compensation and benefits. The bill would authorize the City of Costa Mesa to contract with the County of Orange or a city incorporated within the County of Orange to assign the investigator to investigate complaints within those entities if the Orange County Board of Supervisors or the city council of the city adopts an ordinance or resolution electing to participate in the pilot program. The bill would require the pilot program to be completed no later than December 31, 2019, and would require the City of Costa Mesa to submit a report of the results of the pilot program, as specified, to the Legislature no later than July 1, 2020. The bill would require the pilot program to be conducted in conformance with federal confidentiality laws and regulations. The provisions of this bill would be repealed on January 1, 2021.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13519.4 of the Penal Code is amended to read:

13519.4.
 (a) The commission shall develop and disseminate guidelines and training for all peace officers in California as described in subdivision (a) of Section 13510 and who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state. The course or courses of instruction and the guidelines shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment.
(b) The course of basic training for peace officers shall include adequate instruction on racial, identity, and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. In developing the training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the field of racial, identity, and cultural awareness and diversity.
(c) For the purposes of this section the following shall apply:
(1) “Disability,” “gender,” “nationality,” “religion,” and “sexual orientation” have the same meaning as in Section 422.55. 422.56.
(2) “Culturally diverse” and “cultural diversity” include, but are not limited to, disability, gender, nationality, religion, and sexual orientation issues.
(3) “Racial” has the same meaning as “race or ethnicity” in Section 422.55. 422.56.
(4) “Stop” has the same meaning as in paragraph (2) of subdivision (g) of Section 12525.5 of the Government Code.
(d) The Legislature finds and declares as follows:
(1) The working men and women in California law enforcement risk their lives every day. The people of California greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these officers should not be tarnished by the actions of those few who commit discriminatory practices.
(2) Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society. It is abhorrent and cannot be tolerated.
(3) Racial or identity profiling alienates people from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people whom law enforcement is sworn to protect and serve.
(4) Pedestrians, users of public transportation, and vehicular occupants who have been stopped, searched, interrogated, and subjected to a property seizure by a peace officer for no reason other than the color of their skin, national origin, religion, gender identity or expression, housing status, sexual orientation, or mental or physical disability are the victims of discriminatory practices.
(5) It is the intent of the Legislature in enacting the changes to this section made by the act that added this paragraph that additional training is required to address the pernicious practice of racial or identity profiling and that enactment of this section is in no way dispositive of the issue of how the state should deal with racial or identity profiling.
(e) “Racial or identity profiling,” for purposes of this section, is the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest.
(f) A peace officer shall not engage in racial or identity profiling.
(g) Every peace officer in this state shall participate in expanded training as prescribed and certified by the Commission on Peace Officers Standards and Training.
(h) The curriculum shall be evidence-based and shall include and examine evidence-based patterns, practices, and protocols that make up racial or identity profiling, including implicit bias. This training shall prescribe evidence-based patterns, practices, and protocols that prevent racial or identity profiling. In developing the training, the commission shall consult with the Racial and Identity Profiling Advisory Board established pursuant to subdivision (j). The course of instruction shall include, but not be limited to, significant consideration of each of the following subjects:
(1) Identification of key indices and perspectives that make up racial, identity, and cultural differences among residents in a local community.
(2) Negative impact of intentional and implicit biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police-community relations and contributed to injury, death, disparities in arrest detention and incarceration rights, and wrongful convictions.
(3) The history and role of the civil and human rights movement and struggles and their impact on law enforcement.
(4) Specific obligations of peace officers in preventing, reporting, and responding to discriminatory or biased practices by fellow peace officers.
(5) Perspectives of diverse, local constituency groups and experts on particular racial, identity, and cultural and police-community relations issues in a local area.
(6) The prohibition against racial or identity profiling in subdivision (f).
(i) Once the initial basic training is completed, each peace officer in California as described in subdivision (a) of Section 13510 who adheres to the standards approved by the commission shall be required to complete a refresher course every five years thereafter, annually or on a more frequent basis if deemed necessary, in order to keep current with changing racial, identity, and cultural trends.
(j) (1) Beginning July 1, 2016, the The Attorney General shall establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement.
(2) RIPA shall include the following members:
(A) The Attorney General, or his or her designee.
(B) The President of the California Public Defenders Association, or his or her designee.
(C) The President of the California Police Chiefs Association, or his or her designee.
(D) The President of the California State Sheriffs’ Association, or his or her designee.
(E) The President of the Peace Officers Research Association of California, or his or her designee.
(F) The Commissioner of the California Highway Patrol, or his or her designee.
(G) A university professor who specializes in policing, and racial and identity equity.
(H) Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights.
(I) Two representatives of community organizations who specialize in civil or human rights and criminal justice, and work with victims of racial and identity profiling. At least one representative shall be between 16 and 24 years of age.
(J) Two religious clergy members who specialize in addressing and reducing racial and identity bias toward individuals and groups.
(K) Up to two other members that the Governor may prescribe.
(L) Up to two other members that the President pro Tempore of the Senate may prescribe.
(M) Up to two other members that the Speaker of the Assembly may prescribe.
(3) Each year, on an annual basis, RIPA shall do the following:
(A) Analyze the data reported pursuant to Section 12525.5 of the Government Code and Section 13012 of this code.
(B) Analyze law enforcement training under this section.
(C) Work in partnership with state and local law enforcement agencies to review and analyze racial and identity profiling policies and practices across geographic areas in California.
(D) Conduct, and consult available, evidence-based research on intentional and implicit biases, and law enforcement stop, search, and seizure tactics.
(E) Issue a report that provides RIPA’s analysis under subparagraphs (A) to (D), inclusive, and detailed findings on the past and current status of racial and identity profiling, and makes policy recommendations for eliminating racial and identity profiling. RIPA shall post the report on its Internet Web site. Each report shall include disaggregated statistical data for each reporting law enforcement agency. The report shall include, at minimum, each reporting law enforcement agency’s total results for each data collection criterion under subdivision (b) of Section 12525.5 of the Government Code for each calendar year. The reports shall be retained and made available to the public by posting those reports on the Department of Justice’s OpenJustice Web portal. The first annual report shall be issued no later than January 1, 2018. The reports are public records within the meaning of subdivision (d) of Section 6252 of the Government Code and are open to public inspection pursuant to Sections 6253, 6256, 6257, 6253 and 6258 of the Government Code.
(F) Hold at least three public meetings annually to discuss racial and identity profiling, and potential reforms to prevent racial and identity profiling. Each year, one meeting shall be held in northern California, one in central California, and one in southern California. RIPA shall provide the public with notice of at least 60 days before each meeting.
(4) Pursuant to subdivision (e) of Section 12525.5 of the Government Code, RIPA shall advise the Attorney General in developing regulations for the collection and reporting of stop data, and ensuring uniform reporting practices across all reporting agencies.
(5) Members of RIPA shall not receive compensation, nor per diem expenses, for their services as members of RIPA.
(6) No An action of RIPA shall be is not valid unless agreed to by a majority of its members.
(7) The initial terms of RIPA members shall be four years.
(8) Each year, RIPA shall elect two of its members as cochairpersons.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 11834.015 is added to the Health and Safety Code, to read:
11834.015.

(a)(1)The State Department of Health Care Services shall establish a pilot program to locate a Substance Use Disorder Compliance Division investigator within a participating city to investigate licensed adult alcoholism or drug abuse recovery or treatment facilities within that city. The participating city shall be the City of Costa Mesa, if the City Council of the City of Costa Mesa adopts an ordinance or resolution electing to participate in the pilot program.

(2)The department shall implement the pilot program by executing a contract with the City of Costa Mesa that provides for all of the following:

(A)The department shall assign a Substance Use Disorder Compliance Division investigator to investigate complaints against licensed adult alcoholism or drug abuse recovery or treatment facilities within the City of Costa Mesa.

(B)The City of Costa Mesa shall reimburse the department for the costs associated with the pilot program, including, but not limited to, the administrative costs and the investigator’s compensation and benefits.

(C)The City of Costa Mesa shall provide office space and amenities to the investigator.

(D)If the Orange County Board of Supervisors or a city council of a city incorporated within the County of Orange adopts an ordinance or resolution electing to participate in the pilot program, the City of Costa Mesa may contract with that entity. The terms of the contract shall include all of the following:

(i)The City of Costa Mesa shall assign the Substance Use Disorder Compliance Division investigator to investigate complaints against licensed adult alcoholism or drug abuse recovery or treatment facilities within an unincorporated area of the County of Orange or the participating city as contracted.

(ii)The County of Orange or the participating city shall enter into a memorandum of understanding with the City of Costa Mesa to determine a cost-sharing arrangement for the investigator’s compensation and benefits. The City of Costa Mesa shall reimburse the department for the investigator’s compensation and benefits.

(b)The pilot program established pursuant to subdivision (a) shall be completed no later than December 31, 2019.

(c)If the City of Costa Mesa participates in the pilot program authorized by subdivision (a), it shall, no later than July 1, 2020, submit a report of the results of the pilot program to the Legislature, in compliance with Section 9795 of the Government Code, that includes both of the following:

(1)An evaluation of the effectiveness of the pilot program.

(2)Recommendations for subsequent actions.

(d)The pilot program shall be conducted in conformance with federal confidentiality laws and regulations, including, but not limited to, Section 290dd-2 of Title 42 of the United States Code and Part 2 of Subchapter A of Chapter I of Title 42 of the Code of Federal Regulations.

(e)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.