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

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January 23, 2024 Temporary Restraining Order

In accordance with the Sacramento County Superior Court’s temporary restraining order issued in Marvel, et al. v. State of California, et al., Case No. 24cv0000737, the California Department of Justice will (1) immediately cease enforcement of Cal. Code Regs. tit. 11, section 999.226(a)(23) which requires the collection of officer gender data; and (2) not require any individual to provide the “gender of officer” on any disclosures required under RIPA, pending a further hearing scheduled on March 19, 2024. Accordingly, officers and agencies subject to the above regulation are not required to collect or report the "gender of officer" data element until further notice.

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Background on the underlying Racial and Identity Profiling Act (RIPA) regulations:

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, the final regulations were filed with the Secretary of State on November 7, 2017, and became effective on November 7, 2017. The regulations have since been updated in 2022 and 2023. The existing text of the regulations and the categories of information that officers must collect are below:

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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).

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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. Type of stop
  3. The date, time, and duration of the stop
  4. The location of the stop
  5. The perceived race or ethnicity of the stopped person as perceived by the officer
  6. The perceived gender of the stopped person as perceived by the officer
  7. The perceived sexual orientation of the person stopped
  8. The perceived age of the stopped person as perceived by the officer
  9. Whether the officer perceived the stopped person as having limited or no English fluency
  10. The perceived or known disability of the stopped person
  11. Person stopped perceived to be unhoused
  12. Whether the stop was made during the course of responding to a call for service
  13. Whether the stop was made during the course of performing a welfare or wellness check or an officer’s community caretaking function
  14. 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)
  15. The reason given to the stopped person (that is, the reason for the stop that was communicated to the stopped person)
  16. All of the non-force-related actions taken by the officer during the stop
  17. The basis for any search
  18. Whether any contraband of evidence is discovered
  19. All of the force-related actions taken by the officer during the stop
  20. The result of the stop (such as, the officer arrested the person or took no action)
  21. 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
  22. The officer’s years of experience at the time of the stop
  23. The officer’s assignment at the time of the stop (such as patrol or gang enforcement)
  24. Race or ethnicity of officer
  25. Gender of officer

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2023 Rulemaking Process to Amend Regulations

On September 29, 2022, the Governor signed into law Assembly Bill 2773, which requires that law enforcement agencies collect a new category of information (called a “data element”) under RIPA. Beginning on January 1, 2024, all law enforcement agencies must report to the DOJ “[t]he reason given to the person stopped at the time of the stop.” (Gov. Code, § 12525.5, subd. (b)(3).) As a result of this statutory mandate to collect this data, the Department has determined that amendments to the regulations will need to be promulgated to comply with RIPA’s requirement that DOJ promulgate regulations that have “standards, definitions, and technical specifications to ensure uniform reporting practices across all reporting agencies.” (Gov. Code, § 12525.5, subd. (e).) CRES also proposes additional amendments during this rulemaking process.

Final Amended Racial and Identity Profiling Act (RIPA) Regulations:

On October 11, 2023, the Office of Administrative Law (OAL) approved amendments to the Department’s Racial and Identity Profiling Act regulations.

Final Rulemaking Documents

Second Modifications in Response to Commentary (Second 15-day Comment Period) From July 14, 2023 to July 31, 2023

Modifications in Response to Commentary (15-day Comment Period) From May 11, 2023 to May 26, 2023

Initial Rulemaking Documents (45-day Comment Period) From March 10, 2023 to April 25, 2023:

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 comment via email to Kendal.Micklethwaite@doj.ca.gov.
  2. Send written comment via mail to the address specified in the Notice of Proposed Rulemaking Action posted at https://oag.ca.gov/ab953/regulations.
  3. Send written comment via fax to the number specified in the Notice of Proposed Rulemaking Action posted at https://oag.ca.gov/ab953/regulations.
  4. Submit oral comment at the public hearing the Department is holding on the proposed amendments to the regulations.

A public hearing will take place on the following day:

Thursday, April 27, 2023
12:00 p.m. – 1:00 p.m. PST

Via Microsoft Teams video and telephone conference ONLY. The public is encouraged to join the hearing at https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting?rtc=1 or using the “Join Meeting” link below. This will provide access to the meeting video and audio for the hearing. 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 Teams application, if desired.

Click here to join the meeting
Meeting ID: 245 792 127 664
Passcode: mTxCJB
(Join from computer)

A phone dial-in option is also be available.

Dial (916) 382-0506      Phone Conference ID: 159 580 567#

We encourage you to disseminate this information broadly and to alert other interested stakeholders. Please contact Kendal Micklethwaite with any questions.

Kendal Micklethwaite
Deputy Attorney General
Civil Rights Enforcement Section
California Department of Justice
1515 Clay Street, Suite 2000
Oakland, CA 94612
Office (415) 238-4788
Kendal.Micklethwaite@doj.ca.gov

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2021-2022 Rulemaking Process to Amend Regulations

Final Amended Racial and Identity Profiling Act (RIPA) 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

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Notice Register Publication Date: July 9, 2021

Second Modifications in Response to Commentary (Second15-day Comment Period) From May 25, 2022 to June 9, 2022)

Modifications in Response to Commentary (15-day Comment Period) From January 18, 2022 to February 4, 2022

Initial Rulemaking Documents (45-day Comment Period) From July 9, 2021 to September 3, 2021

The official public comment period began on Friday, July 9, 2021 and concluded on September 3, 2021.


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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

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)


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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

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