Assembly Bill 953, 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).
On August 5, 2022, the Office of Administrative Law approved amendments to the Department’s Racial and Identity Profiling Act regulations which were first enacted in 2017. A variety of stakeholders, including law enforcement agencies, community members, academics, advocacy groups, and the Racial and Identity Profiling Advisory Board contributed to the newly amended regulations. The amended regulations will improve accuracy and consistency of reported data, which will in turn assist our office, independent researchers, and the public in tracking and analyzing whether racial or identity profiling occurs in the State, and in what form. Other amendments will streamline the reporting process by clarifying officers’ reporting obligations and will establish a process for disclosure of confidential RIPA stop data for purposes of advancing public policy and scientific study.
Currently, over 550 law enforcement agencies collect RIPA stop data and report it to DOJ. This data is not only used to inform policy and other recommendations issued by the Racial and Identity Profiling Advisory Board, but has been a cornerstone for law enforcement agencies in understanding and shaping policy at the local level. California Code of Regulations, title 11, section 999.28, related to the release of confidential data to researchers is effective as of August 5, 2022, while California Code of Regulations, title 11, sections 999.224, 999.226, and 999.227 related to data collection is effective on January 1, 2024.
Final Rulemaking Documents
The official public comment period began on Friday, July 9, 2021 and concluded on September 3, 2021.
The text of the regulations can be found here. The regulations are divided up into six categories:
The regulations require officers to collect several categories of information, known as "data elements," for each stop. Those data elements are:
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
Modifications to Proposed Regulations in Response to Commentary (with a 15-day Comment Period – ended August 16, 2017)
Initial Rulemaking Documents (with a 45-day Comment Period – ended January 27, 2017)
For more information about the Office of Administrative Law and California's Rulemaking Process, see Office of Administrative Law - California Code of Regulations