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 (AB 953), 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, including perceived demographic information on the person stopped, and to report this data to the California Attorney General's Office. AB 953 requires the Attorney General to issue regulations for the collection and reporting of this stop data. (Gov. Code, § 12525.5, subd. (e).) It further requires the California Attorney General's Office 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.

After extensive consultation with stakeholders, as discussed below, the final regulations and entire rulemaking action were filed with the Secretary of State on November 7, 2017, and the regulations are effective as of November 7, 2017

15-day Comment – ended August 16, 2017

45-day Comment – ended January 27, 2017)


Background on 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." The Department has done so, and the regulations 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/or engaged with stakeholders from a variety of agencies and organizations, including community and civil rights organizations that sponsored or supported AB 953; 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 AB 953, 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 12th (Los Angeles), January 18th (Oakland), and January 26th (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, which closed on January 27, 2017. 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.


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