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INFORMATION

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INFORMATION
Kamala D. Harris, Attorney General
California Department of Justice
CALIFORNIA JUSTICE
INFORMATION SERVICES DIVISION
Joe Dominic, Director
DIVISION OF LAW ENFORCEMENT
Larry J. Wallace, Director
Subject:
Citizens’ Complaints Against Peace Officers
INFORMATION
BULLETIN
Contact for information:
No.
DLE-2015-06
[email protected]
Date:
12/31/2015
TO: All CHIEFS OF POLICE, SHERIFFS, AND RECORD SUPERVISORS
Effective January 1, 2016, Chapter 466, Statutes of 2015 (Assembly Bill 953) amends Penal Code
section 13012 pertaining to the collection and reporting of Citizens’ Complaints Against Peace
Officers (CCAPO).
On January 1, 2016, all law enforcement agencies (LEAs) reporting CCAPO to the California
Department of Justice (DOJ) will be required to collect CCAPO, including those alleging criminal
conduct of a felony or misdemeanor, non-criminal complaints, and complaints alleging racial or
identity profiling.1 For complaints involving racial or identity profiling, LEAs will further have to collect
and report the specific type(s) of profiling alleged: based on race or ethnicity (including color),
nationality, age, religion, gender, gender expression, sexual orientation, mental disability, or physical
disability. In addition to providing the total number of complaints reported, LEAs must also report the
following disposition categories: sustained, exonerated, not sustained, unfounded, or pending. In
order to realize the intent of the law, Police and Sheriff’s departments will be required to parse out
from the total number of complaints, the number of complaints made from inmates admitted to a local
detention facility.2 Annually, during DOJ’s statistical close out period for the previous year, LEAs
must submit data to the DOJ, which will publish the data within Crime in California. Starting in 2017,
these data will now be disaggregated by agency, as required by statute.
In order to accurately report this data to the DOJ, LEAs should explicitly inquire on their citizen
complaint forms whether the complainant alleges racial or identity profiling and if so, the specific
type(s) of racial or identity profiling alleged. LEAs should also not restrict Complainants from being
able to select more than one option to account for instances where a complainant alleges more than
one type of racial or identity profiling.
1 Penal Code Section 13519.4 (e) “Racial or identity profiling,” for purposes of this section, is the consideration of, or
reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or
expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding
upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on
characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian
stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or
any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an
arrest.
2 Local detention facility means any city or county facility used for the confinement for more than 24 hours of adults, or of
both adults and minors, but does not include that portion of a facility for the confinement of both adults and minors which is
devoted only to the confinement of minors. ((Pen. Code, § 6031.4, subd. (a).)
Information Bulletin
Citizens’ Complaints Against Peace Officers
Page 2
LEAs should also be sure that they are effectively implementing existing responsibilities enumerated
in Penal Code Section 832.5(a). This section requires that “Each department or agency in this state
that employs peace officers shall establish a procedure to investigate complaints by members of the
public against the personnel of these departments or agencies, and shall make a written description
of the procedure available to the public.” All LEAs should have a clearly delineated procedure to
investigate complaints and that procedure should be publicly available on their website.
After January 1, 2016, all LEAs can obtain an updated CCAPO (BCIA 724) form, which will include
these designations, by accessing the DOJ’s California Law Enforcement Website.
Sincerely,
JOE DOMINIC, Director
California Justice Information Services Division
LARRY J. WALLACE, Director
Division of Law Enforcement
For
KAMALA D. HARRIS
Attorney General
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