California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 19 - Racial and Identity Profiling Act of 2015 Regulations › Article 4 - Reporting Requirements › Section 999.227

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General Reporting
				  Requirements.
(1) Peace officers subject to the
				  reporting requirements of this chapter shall submit the data elements described in
				  section 999.226, subdivision (a) for every
				  person stopped by the officer, except as provided in subdivisions (b), (c), (d) and
				  (e) of this section.
(2) The data
				  elements described in section
				  999.226, subdivision (a) are the
				  minimum that a reporting agency shall collect and report. Nothing in this section
				  prohibits a reporting agency from voluntarily collecting additional data.
(3) Nothing in this section prohibits an agency
				  not subject to these regulations from submitting stop data voluntarily to the
				  Department.
(4) When two or more
				  reporting agencies are involved in a stop, only the primary agency shall submit a
				  report. The primary agency is the agency with investigative jurisdiction based on
				  local, county, or state law or applicable interagency agreement or memoranda of
				  understanding. If there is uncertainty as to the primary agency, the agencies shall
				  agree on which agency is the primary agency for reporting purposes. If a stop is
				  done in conjunction with a reporting agency and an agency that is not subject to the
				  reporting requirements of this chapter, the reporting agency is required to submit
				  data on the stop, even if it is not the primary agency responsible for the stop. An
				  officer must indicate, where relevant, if they work with the non-primary agency.
(A) Example: Deputy A works at a Sheriff's Office
				  as part of a joint task force with the federal Drug Enforcement Administration
				  (DEA). As part of the joint task force, DEA officers and Deputy A stopped, searched,
				  and arrested one person outside of a residence. Although the DEA was the primary
				  agency for this stop, Deputy A is required to report the stop and their perceptions
				  of the stopped person's race, gender, sexual orientation, among other data elements
				  in Section 999.226, at the time Deputy A formed
				  those perceptions.
(5) If
				  more than one peace officer of a reporting agency conducts a stop, only one officer
				  shall collect and report the information required to be reported in this chapter.
				  The officer with the highest level of engagement with the person stopped shall
				  submit the full report for all data elements, regardless of whether that officer
				  performed the specific action(s) reported.
(A)
				  Example: If Officer A stops a person, questions them, and conducts a subsequent
				  consensual search that results in the discovery of narcotics, but Officer B
				  handcuffs the person and takes the person into custody, Officer A would complete the
				  stop report and include all relevant actions of both Officer A and B in that stop
				  report.
(6) If multiple
				  persons are stopped during one incident, then applicable stop data shall be
				  submitted for each person within a single report, except that passengers in a
				  vehicle that is stopped shall be reported only as set forth in subdivision (b) of
				  this section.
(7) Nothing prohibits
				  agencies subject to this chapter from providing information to the Department
				  earlier than the deadlines set forth in Government Code section
				  12525.5,
				  subdivision (a).
(8) On January 1 of
				  each year until the agency begins reporting data to the Department, each reporting
				  agency shall count the number of peace officers it employs who are subject to this
				  chapter to determine the date that agency must start collecting stop data and
				  reporting to the Department pursuant to Government Code section
				  12525.5,
				  subdivisions (a)(1) and (a)(2).
(9) An
				  officer shall complete all stop reports for stops made during their shift by the end
				  of that shift, unless exigent circumstances preclude doing so. In such
				  circumstances, the data shall be completed as soon as practicable.
(10) In order to ensure compliance with these
				  regulations, a reporting agency, its officers, or both may review the stop data to
				  correct errors before submitting the stop data to the Department. Once the stop data
				  is submitted to the Department, however, an agency can only revise stop data through
				  the Department's error resolution process.
(11) Reporting agencies shall create the Officer's
				  I.D. Number defined at section
				  999.226, subdivision (a)(19) for each
				  officer required to report stops under these regulations. Stop reports submitted to
				  the Department shall include the Officer's I.D. Number, but shall not include the
				  officer's name or badge number. However, each reporting agency shall maintain a
				  system to match an individual officer to their Officer's I.D. Number.