REPORT 20 22

1 IANNUALREPORT2022 RACIAL &IDENTITYPROFILINGADVISORYBOARD2022 RIPA REPORT 1 RACIAL AND IDENTITY PROFILING ADVISORY (RIPA) BOARD STEVEN RAPHAEL (Co-Chair), Professor of Public Policy, university of california , Berkeley; Appointed by the Governor of california CHIEF DAVID SWING (Co-Chair), Chief, Pleasanton Police Department, Representing the california Police Chiefs Association WILLIAM ARMALINE, Director of the Human Rights Institute & Professor of Sociology & Interdisciplinary Social Sciences, San Jos State university ; Appointed by the california State Senate President Pro Tempore SHERIFF WILLIAM BILL AYUB, Sheriff, Ventura County Sheriff s Department, Representing the california State Sheriff s Association AMMAR CAMPA-NAJJAR, Small Business Owner; Appointed by the california State Assembly Speaker ANDREA GUERRERO, Executive Director, Equality Alliance of San Diego County; Appointed by the california State Senate President Pro Tempore EDGAR HAMPTON, Exec.

2 Comm. / Director, Peace Officers Research Association of california ; Representing the Peace Officers Research Association of california LAWANDA HAWKINS, Founder, Justice for Murdered Children; Appointed by the Governor of california PASTOR BRIAN ERIC KENNEDY, Senior Pastor, Mt. Zion Baptist Church; Appointed by the Attorney General of california LILY KHADJAVI, Professor of Mathematics, Loyola Marymount university ; Appointed by the Attorney General of california MANJUSHA MANJU P. KULKARNI, Executive Director, Asian Pacific Policy and Planning Council & Co-Founder, Stop AAPI Hate; Appointed by the california State Assembly Speaker MELANIE OCHOA, Staff Attorney for Criminal Justice and Police Practices, ACLU of Southern california ; Appointed by the Attorney General of california COMMISSIONER AMANDA RAY, Commissioner, california Highway Patrol; Representing the california Highway Patrol CHA VANG, Deputy Director, AAPIs for Civic Empowerment Education Fund & AAPIs for Civic Empowerment; Appointed by the Attorney General of california RONALDO VILLEDA, Advocacy and Community Organizing Fellow, Anti-Recidivism Coalition & Executive Director, Hoops4 Justice.

3 Appointed by the Attorney General of california BRENDON WOODS, Alameda County Public Defender, Representing the california Public Defenders Association 2022 RIPA REPORT 2 The Racial and Identity Profiling Advisory (RIPA) Board would like to thank the following staff from the california Department of Justice for their assistance and contributions to this REPORT : Project Supervisors Nancy A. Beninati, Supervising Deputy Attorney General, Civil Rights Enforcement Section Dr. Tiffany Jantz, Research Data Supervisor, Research Center Content Developers, Writers and Editors california Department of Justice, Civil Rights Enforcement Section (CRES) Allison S. Elgart, Deputy Attorney General, Lead Editor Domonique C. Alcaraz, Deputy Attorney General Anthony Jackson, Senior Legal Analyst Tanya Koshy, Deputy Attorney General Aisha Martin-Walton, Retired Annuitant Kendal Micklethwaite, Deputy Attorney General Anna Rick, Associate Governmental Program Analyst california Department of Justice, california Justice Information Services Division (CJIS)

4 Tiana Osborne-Gauthier, Research Analyst II, Research Center Rachael Pimley, Research Analyst II, Research Center Evelyn Reynoso, Research Analyst I, Research Center Kevin Walker, Research Associate I, Research Center Additional Contributors Erin Choi, Program Manager, CJIS Katherine Chu, Legal Intern, CRES Alice Delvey-Williams, Staff Service Manager II, CJIS William Downer, Deputy Attorney General, CRES Arwen Flint, Assistant Bureau Director, CJIS Kenneth Keating, Staff Services Manager, CJIS Gabriel Martinez, Deputy Attorney General, CRES Audra Opdyke, Assistant Director, CJIS Natasha Reyes, Deputy Attorney General, CRESE randi Zamora-Graziano, Deputy Attorney General, CRES The Racial and Identity Profiling Advisory Board and Department of Justice RIPA team would like to honor the memory of George Whitby.

5 George worked in the california Department of Justice Hawkins Data Center his entire career and was an integral part of the RIPA team. George is remembered for his welcoming personality, his work ethic, dedication to public service, and how much he cared for and supported his colleagues. 2022 RIPA REPORT 3 The RIPA Board thanks Leticia Martinez Carter from the california Department of Justice for serving as the travel coordinator to the Board. The Board is grateful to the Department of Justice Web Team for their assistance throughout the year in updating and maintaining the RIPA website and publishing the REPORT , and to Brian Trainer, Digital Strategist in the Office of the Attorney General, for creating the graphic design and formatting the David Swing has served on the RIPA Board since 2018, representing the california Police Chief s Association.

6 As Board Co-Chair and Co-Chair of the Stop Data Analysis subcommittee, he contributed greatly to this REPORT . The RIPA Board thanks him for his service to benefit the people of california . Sahar Durali was a founding member of the RIPA Board, appointed by Attorney General Kamala D. Harris. She represented Neighborhood Legal Services of Los Angeles and california Rural Legal Assistance, Inc. Ms. Durali served as Board Co-Chair and Co-Chair of the Civilian Complaints subcommittee. The Board appreciates her leadership and work to support the public s RIPA Board thanks former Board members Sandra C. Brown, Felicia Espinosa, Nancy Frausto, Sheriff John McMahon, and Angela Sierra for their work on this year s REPORT and their many contributions to the Racial and Identity Profiling Advisory Board.

7 The Board also congratulates Sheriff McMahon on his retirement after 36 years of service as a peace officer. The RIPA Board thanks the Commission on Peace Officer Standards and Training (POST) for its partnership and looks forward to continuing our work. The RIPA Board thanks Jack Glaser, , Professor, Goldman School of Public Policy, university of california , Berkeley; and Emily Owens, , Professor, Department of Criminology, Law and Society and Department of Economics, university of california , Irvine, for their expertise and guidance in preparing this year s REPORT . The RIPA Board appreciates the participation of community members, advocates, members of law enforcement, researchers, and other stakeholders. Public participation is essential to this process, and the RIPA Board thanks all Californians who have attended meetings, submitted letters or email, and otherwise engaged with the work of the Board.

8 We look forward to receiving the invaluable input from the public and welcome everyone to participate. The RIPA Board acknowledges the many challenges facing our communities in 2021 and wishes everyone a happy and safe 2022! 2022 RIPA REPORT 4 EXECUTIVE SUMMARY .. 6 INTRODUCTION .. 20 ANALYSIS OF 2020 STOP DATA .. 27 A. INTRODUCTION .. 27 B. STOP DATA DEMOGRAPHICS .. 29 1. Identity Demographic of Individuals Stopped by Officers .. 29 2. Calls for 32 3. Primary Reason for Stop .. 34 4. Actions Taken by Officers During Stops .. 37 5. Result of 43 C. TESTS FOR RACIAL/ETHNIC DISPARITIES .. 48 1. Residential Population Comparison .. 48 2. Discovery Rate Analysis .. 52 3. Veil of Darkness Analysis .. 56 4. Use of Force Analysis .. 58 POLICY FOCUSED DATA ANALYSIS.

9 62 A. FROM DATA TO POLICIES ADDRESSING THE PROFILING OF TRANSGENDER 62 1. RIPA Stop Data Relevant to Best Practices Recommendations .. 65 2. Best Practice Recommendations .. 73 3. Proposed Legislation .. 81 4. Vision for Future Reports .. 82 B. DATA DRIVEN APPROACHES TO DISABILITY JUSTICE .. 83 1. Data Analyses: Search/Discovery Rates and Use of Force Data Review .. 85 2. Best Practices Recommendations for Policies .. 92 C. STOPS AND SEARCHES .. 97 1. Consent 98 2. Known Supervision Stops and Searches .. 116 3. Pretext Stops .. 131 RACIAL AND IDENTITY PROFILING POLICIES AND ACCOUNTABILITY .. 145 A. CRITERIA USED TO EVALUATE BIAS-FREE POLICING POLICIES .. 145 B. WAVE 3 AND 4 AGENCIES BIAS-FREE POLICING POLICIES REVIEW .. 147 CALLS FOR SERVICE AND BIAS BY PROXY.

10 174 A. INTRODUCTION .. 174 B. DATA ANALYSIS WRITE UP .. 175 C. RESPONDING TO BIAS-BASED CALLS FOR SERVICE .. 177 1. Updates on Trainings, Policies, and Procedures for Dispatchers and LEAs .. 178 2022 RIPA REPORT 5 2. Bias Response Teams: Implementing Restorative Justice Approach to Bias-Based Calls for Services .. 181 3. Alternatives to Police Responses and Diverting Calls for Service .. 183 D. RESPONDING TO A MENTAL HEALTH CRISIS .. 185 1. Fundamental Principles of Community-Based Crisis Response .. 186 2. Lessons Learned from Emerging Crisis Response Models .. 189 E. VISION FOR FUTURE REPORTS .. 199 CIVILIAN COMPLAINTS: POLICIES AND DATA ANALYSES .. 200 A. OVERVIEW OF CIVILIAN COMPLAINT DATA .. 200 B. WAVE 3 AND 4 AGENCIES CIVILIAN COMPLAINT FORM REVIEW.