Stop Data Regulations, California Racial and Identity Profiling Act of 2015 (AB 953)

(Title 11, Division 1, Chapter 19, Sections 999.224, 999.225, 999.226, 999.227, 999.228, and 999.229)

Background

The Racial and Identity Profiling Act of 2015 (RIPA), among other things, enacted Government Code section 12525.5, which requires state and local law enforcement agencies, as specified, to collect data regarding stops of individuals and to report this data to the California Department of Justice. RIPA also requires the Attorney General to issue regulations for the collection and reporting of this stop data. (Gov. Code, § 12525.5, subd. (e).) After extensive consultation with stakeholders, as discussed below, the final regulations were filed with the Secretary of State on November 7, 2017, and became effective on November 7, 2017. (See below for more information on the existing regulations).

The 2021 rulemaking process to amend the regulations:

The Department of Justice has identified several revisions and additions to the existing regulations that it seeks to enact in a new rulemaking process. The proposed amendments arise from recommendations from a variety of stakeholders, including law enforcement agencies that are already collecting stop data and those preparing to collect stop data, community members, academics, advocacy groups, and the Racial and Identity Profiling Advisory Board ("the Board"). (See Pen. Code § 13519.4, subds. (j) & (1) [composition of the Board includes stakeholders from law enforcement, civil and human rights groups, and academia].)

The Department of Justice proposes to amend sections §§ 999.224, 999.225, 999.226, 999.227, 999.228, and 999.229 of Title 11, Division 1, Chapter 19, of the California Code of Regulations concerning RIPA.

Below are the text of the proposed amendments and the initial supporting rulemaking documents. Additionally, tips for making effective comments on regulations can be found here: Tips for Submitting Effective Comments, pdf. A person who has submitted a comment regarding a proposed action has the right to request a copy of the Final Statement of Reasons.

Notice: Regulation documents prepared by the Department may contain markup, including underline, strikethrough, or highlight. While these documents are ADA-compliant, upon request, the Department can prepare a more screen reader-friendly version of the documents with annotations that explain the marked changes. Requests can be made at regulations@doj.ca.gov.

Notice Register Publication Date: July 9, 2021

Initial Rulemaking Documents (Comment Period concludes on September 3, 2021)

• Notice of Proposed Rulemaking Action, pdf
• Initial Statement of Reasons, pdf
• Proposed Amendments to the Existing Regulations,pdf
• Economic and Fiscal Impact Statement (STD. 399), pdf
• Economic and Fiscal Impact Statement (STD. 399), Attachment A, pdf
• Notice Publication/Regulations Submission (STD. 400), pdf

The official public comment period begins on Friday, July 9, 2021 and will conclude on September 3, 2021.

All members of the public are invited to submit a comment on the proposed regulations, and may do so in one of the ways outlined below:

1. Send written comments via email to Tanya.Koshy@doj.ca.gov.
2. Send written comments via mail to the address specified in the Notice of Proposed Rulemaking Action.
3. Send written comments via fax to the number specified in the Notice of Proposed Rulemaking Action.
4. Submit written or oral comments at one of the two public hearings the Department is holding on the proposed amendments to the regulations.

These hearings will take place on the following dates and times:

Via Blue Jeans video and telephone conference ONLY. The public is encouraged to join the meetings at https://bluejeans.com/564571798/8333 or using the "Join Meeting" link below. This will provide access to the meeting video and audio for both public hearings. We recommend that you log in 5-10 minutes before the start of the meeting to allow sufficient time to set up your audio/video, and to download the Blue Jeans application, if desired.

A phone dial-in option will also be available.

• Dial: (408) 317-9254
• Meeting ID: 564 571 798

Text of the existing regulations

The text of the regulations can be found here. The regulations are divided up into six categories:

• Article 1. Definitions: This section defines specific terms used throughout the regulations (11 Cal. Code. Regs. § 999.224);
• Article 2. Law Enforcement Agencies Subject to Government Code Section 12525.5: This section describes the types of law enforcement agencies that are required to report stop data (11 Cal. Code. Regs. § 999.225);
• Article 3. Data Elements to be Reported: This section describes the categories of information (known as "data elements") that officers are required to collect for each stop (11 Cal. Code. Regs. § 999.226);
• Article 4. Reporting Requirements: This section provides the general reporting requirements of all law enforcement agencies and officers and the limited reporting requirements for specific interactions or settings (11 Cal. Code. Regs. § 999.227);
• Article 5. Technical Specifications and Uniform Reporting Practices: This section provides the general requirements related to electronically submitting stop data to the Department of Justice and other requirements related to the retention and publication of data (11 Cal. Code. Regs. § 999.228); and
• Article 6. Audits and Validation: This section describes the Department of Justice’s requirements for retaining stop data and performing data validation of agencies’ stop data (11 Cal. Code. Regs. § 999.229).

The categories of information an officer must collect for each stop

The regulations require officers to collect several categories of information, known as "data elements," for each stop. Those data elements are:

1. The reporting officer’s agency’s originating agency identifier, which is a unique identifier assigned by the Federal Bureau of Investigation
2. The date, time, and duration of the stop
3. The location of the stop
4. The race or ethnicity of the stopped person as perceived by the officer
5. The gender of the stopped person as perceived by the officer
6. Whether the officer perceived the stopped person to be LGBT
7. The perceived age of the stopped person as perceived by the officer
8. Whether the officer perceived the stopped person as having limited or no English fluency
9. The perceived or known disability of the stopped person
10. The reason for the stop (such as, the officer stopped the person for a traffic violation or because the officer had reasonable suspicion that the person committed a crime)
11. Whether the stop was made in response to a call for service
12. All of the actions taken by the officer during the stop
13. The basis for any search
14. Whether any contraband of evidence is discovered
15. The result of the stop (such as, the officer arrested the person or took no action)
16. The officer’s identification number, which is the permanent identification number assigned by the officer’s law enforcement agency to the reporting officer and which will be used for all stop data reporting to the Department
17. The officer’s years of experience at the time of the stop
18. The officer’s assignment at the time of the stop (such as patrol or gang enforcement)

Background on 2016-2017 Regulation Rulemaking Process

Government Code section 12525.5, subdivision (e), requires the Department of Justice (Department) to consult with a variety of stakeholders in drafting these regulations, including "the Racial and Identity Profiling Advisory (RIPA) Board..., federal, state, and local law enforcement agencies and community, professional, academic, research, and civil and human rights organizations." In 2017, the Department consulted with various stakeholders and the regulations, described above, are the result of informal and formal recommendations by these stakeholders, and considerable review and research of existing data collection programs in other jurisdictions. Among other things, the Department met with, held teleconferences, and engaged with stakeholders from a variety of agencies and organizations, including community and civil rights organizations that sponsored or supported RIPA; associations that represent law enforcement agencies throughout California; federal, state and local law enforcement agencies; professors and representatives from academic institutions and organizations, including those from within California and also those based in other states; representatives from the federal Bureau of Justice Statistics; and representatives from numerous civil rights, community and social and criminal justice organizations, including individuals representing the LGBT, immigrant rights, disability rights and youth rights communities, as well as members of various religious organizations. In addition to the Department’s outreach to stakeholders and review of policies, ordinances, statutes, reports, and studies regarding stop data collection practices in California and other states, the Department also received numerous letters with recommendations from various civil rights and community rights organizations that sponsored or supported RIPA, before, during and after the public comment periods.

The Department solicited advice from the Racial and Identity Profiling Advisory Board during multiple meetings, and its various subcommittees, which met throughout July, August, September and October 2016. Attorney General Becerra personally met with stakeholders from advocacy groups, academic researchers, and law enforcement to hear their recommendations on improvements and issues that should be considered in the Department's preparation of the regulations. In May 2017, the Department conducted a field test of proposed stop data elements to assist in understanding the practical effect of the regulations and to help evaluate the costs associated with different methods for collecting and reporting the data. The methodology used to obtain time estimates on completion of the stop data forms and how the cost estimates were calculated is set forth in detail in the Revised STD Form 399 and Addendum.

On December 9, 2016, the Department published proposed regulations regarding California's Racial and Identity Profiling Act of 2015. The Department heard public comment on the proposed regulations until January 27, 2017. During that time, the Department also held public hearings on January 12, 2017 (Los Angeles), January 18, 2017 (Oakland), and January 26, 2017 (Fresno). Oral comments on the proposed regulations were accepted at each of these hearings and transcribed by a certified court reporter. In addition, written comments were received by the Department throughout the public comment period. On August 1, 2017, the Department published the Notice of Availability of Modified Text of Proposed Regulations and Related Materials, making the regulations available for an additional 15-day public comment period.

After thoroughly considering the oral and written commentary from stakeholders, and reviewing stop data collection programs in other jurisdictions, the Department submitted finalized regulations to the Office of Administrative Law on September 26, 2017. These regulations will provide instructions to law enforcement agencies and their officers, as well as clarity regarding what data to report, and the logistics of how and when to report this data.

The 2017 regulation rulemaking documents are below:

Final Rulemaking Documents

• Notice of Approval, pdf
• Text of Adopted Stop Data Regulations, California Racial and Identity Profiling Act of 2015 (AB 953), pdf
• Final Statement of Reasons, pdf
• Addendum to Final Statement of Reasons and Comments, pdf
• STD 399 Economic and Fiscal Impact Statement, pdf
• STD 400 Notice of Publication/Regulations Submission filed with OAL 9/26/17, pdf
• Updated Informative Digest, pdf
• Request for Early Effective Date, pdf

Modifications to Proposed Regulations in Response to Commentary (with a 15-day Comment Period – ended August 16, 2017)

• Notice, pdf
• Modifications to Text as Originally Proposed, pdf
• Revised Proposed Regulations, pdf
• Addendum to Initial Statement of Reasons, pdf
• Written Comments Received During the 15-day Comment Period, pdf
• Additional Comments Submitted After the Close of the 15-day Comment Period, pdf

Initial Rulemaking Documents (with a 45-day Comment Period – ended January 27, 2017)

• Notice, pdf
• Initial Statement of Reasons, pdf
• Original Text of Proposed Regulations, pdf
• Written Comments Received During the 45-day Comment Period, pdf
• Hearing Transcripts
  • Los Angeles, January 12, 2017, pdf
  • Oakland, January 18, 2017, pdf
  • Fresno, January 26, 2017, pdf
• Additional Comments Submitted After the Close of the 45-day Comment Period, pdf

Regulations: Resource Documents

For more information about the Office of Administrative Law and California's Rulemaking Process, see Office of Administrative Law - California Code of Regulations