WAUSAU POLICING TASK FORCE MINUTES

Date/Time: Monday, May 10, 2021 at 6:30 p.m. Location: City Council Chambers – 407 Grant St, Wausau Members present: John Robinson, William Harris, Patrick Peckham, Michael Loy, Sarah Schneck, Members absent: Michael Klemp-North, Kayley McColley Others Present: Katie Rosenberg, Benjamin Bliven, Jean Frankel, Kristin Sorenson

In accordance with Chapter 19, Wisconsin State Statutes, notice of this meeting was posted at Wausau City Hall, and emailed to the Wausau Daily Herald in the proper manner.

Meeting was called to order at 6:34 pm by John Robinson.

Vote on previous minutes: Motion to approve brought by William Harris, seconded by Patrick Peckham. Passed unanimously.

Presentation by Michael Loy, CEO of North Central Health Care on Mental Health Crisis Services. Every county needs to provide basic emergency mental health services, which includes immediate evaluation (can be via telephone,) availability of emergency services (face to face follow up,) and have assigned responsibility, staff and resources.

The next tier beyond basic allows for billing to Medicaid for 60% of costs, and the balance is paid by county tax levy. Need to have mobile crisis 8 hours a day during peak hours, 7 days a week. Walk in service 8 hours/5 days; short term voluntary or involuntary hospitalization (NCHC has 16 adult 8 youth beds); and 24 hour linkage and coordination services. This is the level that Marathon County is at.

The four elements of emergency mental health services are: emergency detention, settlements and commitments, voluntary treatment, and addiction services – alcohol and other drugs.

What are the necessary elements for an emergency commitment? Has mental illness, danger to self or other, and is treatable. Addiction, in and of itself, is not emergent. Because the person’s civil liberties are being removed, there is a required legal standard (police) in addition to the medical standard. Priority is safety, especially of the staff. Goal is voluntary treatment, as that has best long term outcome.

To be admitted, must have medical clearance. First, they need to be sure that the issue is not a manifestation of a medical issue, and second, there are no medical facilities at NCHC, so assurance is needed that the person is not likely to have a medical crisis. Because the police have custody originally, and NCHC cannot accept custody until medical clearance is met, the police have to handle the transport and supervision until that person is admitted to NCHC.

Settlement v. commitment. Once taken into custody, there must be a hearing within 72 hours. If court agrees burden has been met for commitment, the client can agree to comply voluntarily for 90 days (settlement.) If they fail to meet the conditions, the court can move to full involuntary commitment. Involuntary commitments are 6 months – 1 year at a time. This is very significant, as you are taking someone’s civil liberties away. Commitment must be administered in the least restrictive environment possible. They are committed not only to treatment, but treatment supervised by NCHC. There are typically 250 individuals on commitment at any given time in the county.

Non-compliance is different for legal v. commitment. Doesn’t necessarily necessitate a move to more restrictive – that necessity is easier to justify when a level of dangerousness is present. This whole process is only set up for mental health crises, not for addiction.

A state group has made recommendations to reform state’s crisis mental health response. They would like to see regional crisis stabilization facilities, peer support respite centers, and CART programs. Our Cart has brought down our CFS and 51.15s significantly. Also would like to see regional crisis assessment services, enhanced commitment based treatment for suicidality; CIT training; additional mental health bed space; medical clearance simplification; bed tracker, expanded telemedicine, transport/cooperation across state lines (for areas close to state borders); and more discussion and promotion of regional innovations. We have several of these already going in the county. Funding is important… many are requested in the current budget discussions.

Upcoming for NCHC: psychiatric emergency department; modern mental health system; future of addiction services – on demand 5 bed detox/40 bed long term treatment/outpatient; beyond linkage and follow up – support services for the family of the patient. Targeted case management to work with recovering patients. Really would like comprehensive program.

Discussion on action to support state budget crisis initiatives: This includes the regional crisis centers budget item, the regional crisis stabilization facilities budget item, and a budget item for more collaboration with law enforcement. A motion to support these budget items was made by William Harris, and seconded by Patrick Peckham. No further discussion; passed unanimously.

Future agenda items: Wausau PD would like to have a Use of Force training session for the committee. The members will be contacted regarding availability on upcoming weeknight.

We have received the draft questionnaire from WIPPS. This was handed out. Please review and forward comments to Eric Giordano.

Chairman Robinson has created a list of all the recommendations from the President’s Commission, WPA and the Speaker’s Task Force into one spreadsheet. He would like the committee to look that over and discuss what recommendations the committee might like to make.

The next meeting will be May 19, 2021 at 6:30 pm in council chambers.

Meeting adjourned at 7:52 pm.

Wausau Policing: Community Perceptions

Start of Block: Default Question Block

Overview Dear Wausau Community Member: The City of Wausau has created a task force, made up of citizens/residents along with representatives from the city government and the Wausau Police, to ensure that policing in Wausau is protecting our health, safety, and general well-being. The Wausau Policing Task Force needs to hear from you about how the Wausau Police are doing! To do that, the Wausau Policing Task Force has asked the Wisconsin Institute for Public Policy and Service to create a public survey to gather information about how the community feels about policing in Wausau. The Wisconsin Institute for Public Policy and Service will share the results of this public survey with the City of Wausau and the Wausau Policing Task Force to help them make decisions about policing policies and procedures in Wausau.

The survey should take you about 15 minutes to complete. If you require assistance in completing the survey, you may contact ______.

Your participation in the survey is entirely voluntary. You are under no obligation to answer any question or to complete the survey. If you skip a question or decide not to complete the survey, it will not affect your rights and benefits as a resident or guest of the City of Wausau.

You will not receive payment for completing the survey.

The survey will not ask you to record your name or any identifying information. Your responses will be entirely anonymous and cannot be traced back to you. Your responses to short-answer questions may be quoted in the report of the survey, but you will not be identified in that quote.

The survey poses little to no physical risk to you.

The survey asks you to share experiences you may have had with Wausau Law Enforcement that may cause you emotional distress or discomfort.

The survey provides you with an opportunity to help steer Wausau policing policies and procedures.

If you have questions about this survey, you may contact: Dr. Eric Giordano Director, Wisconsin Institute for Public Policy and Service (WIPPS) ADDRESS email: [email protected] Phone number:

We look forward to hearing your views! If you agree to complete the survey, please click the arrow button at the bottom of this screen to begin the survey.

Page 1 of 21

Section 1 Intro In this first section of the survey, we would like to hear about your perceptions of the Wausau Police Department.

General 1 How would you grade the overall performance of the Wausau Police Department? o A: Excellent (1) o B: Good (2) o C: Fair (3) o D: Poor (4) o F: Failing (5)

General 2 How confident are you in the ability of the Wausau Police Department to do a good job of enforcing the law? o Not at all confident (1) o Slightly confident (2) o Moderately confident (3) o Quite confident (4) o Extremely confident (5)

General 3 How confident are you in the ability of the Wausau Police Department to do a good job of protecting public safety? o Not at all confident (1) o Slightly confident (2) o Moderately confident (3) o Quite confident (4) o Extremely confident (5)

General 4 How confident are you in the ability of the Wausau Police Department to do a good job of promoting community health and well-being? o Not at all confident (1) o Slightly confident (2) o Moderately confident (3) o Quite confident (4) o Extremely confident (5)

Page 2 of 21

Community Please rate the extent to which you agree or disagree with each statement. Neither Strongly Strongly Disagree (2) agree nor Agree (4) disagree (1) agree (5) disagree (3) The Wausau Police Department is open and forthcoming to the community about their actions. (1) o o o o o The Wausau Police Department makes it easy for members of the community to provide their input. (3) o o o o o The Wausau Police Department is committed to working with community members to solve local o o o o o problems. (2)

WPD for help Please rate the extent to which you agree or disagree with each statement. Neither Strongly Strongly Disagree (2) agree nor Agree (4) disagree (1) agree (5) disagree (3) I feel comfortable approaching the Wausau Police with my problems or concerns. (1) o o o o o I trust the Wausau Police Department to take my concerns seriously. (4) o o o o o

WPD AssaultDV Please rate the extent to which you agree or disagree with each statement. Neither Strongly Disagree agree nor Strongly disagree Agree (4) (2) disagree agree (5) (1) (3) If I experienced sexual assault, I would feel comfortable going to the Wausau Police for help. (2) o o o o o If I experienced domestic violence, I would feel comfortable going to the Wausau Police for help. (3) o o o o o

Page 3 of 21

Page Break

Page 4 of 21

Officer Behaviors Please rate the extent to which you agree or disagree with each statement about Wausau police officers. Strongly Neither agree Strongly disagree Disagree (2) nor disagree Agree (4) agree (5) (1) (3)

They treat people with dignity and respect. (1) o o o o o They treat people unfairly. (2) o o o o o

They are friendly. (3) o o o o o They protect community members' safety. (5) o o o o o

They act aggressively. (4) o o o o o They display a good balance of "friendly officer" and "law enforcer." (6) o o o o o They show concern for members of the community. (7) o o o o o They take too long to respond to calls for help. (8) o o o o o

DifficultJob Police officers have a difficult job. o Strongly disagree (1) o Disagree (2) o Neither agree nor disagree (3) o Agree (4) o Strongly agree (5)

Mental Health Police officers need regular mental health check-ups and support. o Strongly disagree (1) o Disagree (2) o Neither agree nor disagree (3) o Agree (4) Page 5 of 21

o Strongly agree (5) Professionalism Consider your own personal experience with the Wausau Police. How often do Wausau police officers engage in each of the following behaviors? I have no Almost Sometimes Very often experience Never (1) Often (4) never (2) (3) (5) with this (6) Use offensive language when dealing with criminal suspects: (1) o o o o o o Break the law or police rules as they carry out their work: (2) o o o o o o Stop people on the street for no good reason: (3) o o o o o o Pull drivers over for no good reason: (4) o o o o o o Use more physical force than is needed: (5) o o o o o o

Info1 In general, where do you receive information about policing? None at all A moderate A great deal A little (2) A lot (4) (1) amount (3) (5)

Personal observations of police activity (6) o o o o o

Word of mouth (5) o o o o o Local TV news or newspapers (1) o o o o o National TV news or newspapers (4) o o o o o

Social media (2) o o o o o

Web-based news (3) o o o o o

Other: (7) o o o o o

Page 6 of 21

Info2 How much do you trust the sources you rely on to give you fair and unbiased information about policing? o Not at all (1) o A little (2) o A moderate amount (3) o A lot (4) o A great deal (5)

Info3 How important is it to you that you know what the Wausau Police Department is doing? o Not at all important (1) o Slightly important (2) o Moderately important (3) o Very important (4) o Extremely important (5)

Page 7 of 21

Info4 What would be the best way for the Wausau Police Department to share information with you? o City Pages (1) o WAOW News 9 (3) o Wausau Daily Herald (2) o Wausau Pilot & Review (6) o Wausau Police Department Facebook Page (7) o WSAU 550 AM / 99.9 FM Radio (8) o WSAW-TV 7 (4)

Info5 Consider your views on the Wausau Police Department. How much would you say your views are based on each of the following sources? Not at A moderate A little (2) A lot (4) A great deal (5) all (1) amount (3)

What you have seen or heard on the news: (1) o o o o o What you have seen or heard from family and friends: (2) o o o o o Your own personal experiences: (3) o o o o o

Intro text For the following items, please tell us where you stand on each issue.

Mental health Wausau police officers know that mental health issues are often a part of the situations they are called to deal with. o Strongly disagree (1) o Disagree (2) o Neither agree nor disagree (3) o Agree (4) o Strongly agree (5)

Page 8 of 21

Differ1 When it comes to managing and de-escalating mental health crisis situations, Wausau police officers are... o doing a really poor job (1) o struggling a bit (2) o I'm not sure/I'm undecided (3) o doing alright (4) o doing a really good job (5)

Differ2 Over the past 12 months, the level of physical safety I have felt in my community... o has decreased a lot (1) o has decreased a little (2) o has stayed the same (3) o has increased a little (4) o has increased a lot (5)

Differ3 The Wausau Police should treat individuals with an opioid addiction.... o as criminal offenders (1) o as individuals in need of treatment (2) o on a case by case basis, depending on the situation (3)

Differ4 Compared to other police departments, the Wausau Police Department is... o much worse (1) o worse (2) o somewhat worse (3) o about the same (4) o somewhat better (5) o better (6) o much better (7)

Page 9 of 21

Force For Wausau police, using military tactics and equipment to combat crime in the community is... o always wrong (1) o often wrong (4) o sometimes wrong and sometimes right (5) o often right (6) o always right (11)

Differ6 In terms of being racially/ethnically diverse, the Wausau Police Department... o needs a lot less diversity (1) o needs a little less diversity (2) o is about right (3) o needs a little more diversity (4) o needs a lot more diversity (5)

Differ7 If the Wausau Police Department had more police officers of color, the potential for racially biased policing would... o decrease a lot (1) o decrease a little (2) o stay the same (3) o increase a little (4) o increase a lot (5)

Page 10 of 21

Approached Suppose that you, personally, were approached or pulled over by the Wausau police. Please complete each phrase below to indicate your response.

"If I were approached or pulled over by the Wausau Police... Neither agree Strongly Strongly agree Disagree (2) nor disagree Agree (4) disagree (1) (5) (3)

...I would be treated with dignity and respect." (2) o o o o o ...I would feel afraid of the officer(s)." (1) o o o o o ...I would be treated fairly." (3) o o o o o ...I would worry about them being physically aggressive toward me." (4) o o o o o

...I would listen to them." (5) o o o o o ...I would obey their requests without question." (6) o o o o o

Page 11 of 21

Interact In interactions with Wausau police officers, I should... Neither agree Strongly Disagree (2) nor disagree Agree (4) Strongly agree (5) disagree (1) (3) ...listen to what they say (1) o o o o o ...feel free to ask them questions (2) o o o o o ...obey them without question (3) o o o o o ...feel comfortable asking them to explain what they are o o o o o doing (4)

Info Text In this next section, we would like to hear about your personal experiences with the Wausau police.

Inter1 When was the last time you had a direct interaction with a member of the Wausau Police Department? o Within the last 6 months (1) o Within the last year (2) o Within the last two years (3) o More than two years ago (4) o Never (5)

VoluntaryInter In the past 12 months, have you sought help or assistance from the Wausau Police? This could include reporting a crime, asking for assistance, calling or going into the police station, or approaching a police officer on the street. o Yes (1) o No (2)

Page 12 of 21

Display This Question: If In the past 12 months, have you sought help or assistance from the Wausau Police? This could incl... = Yes

VI1 On the last occasion that you sought help or assistance from the Wausau Police, were you treated with dignity and respect? o Not at all (1) o A little (2) o A moderate amount (3) o A lot (4) o A great deal (5)

Display This Question: If In the past 12 months, have you sought help or assistance from the Wausau Police? This could incl... = Yes

VI.1text Please explain. Is there something specific that occurred within the interaction that made you feel this way? ______

Display This Question: If In the past 12 months, have you sought help or assistance from the Wausau Police? This could incl... = Yes

VI2 On the last occasion that you sought help or assistance from the Wausau Police, how did you feel about the interaction? o Very dissatisfied (1) o Somewhat dissatisfied (2) o Neither satisfied nor dissatisfied (3) o Somewhat satisfied (4) o Very satisfied (5)

Display This Question: If In the past 12 months, have you sought help or assistance from the Wausau Police? This could incl... = Yes

VI2text Please explain. Is there something specific that occurred within the interaction that made you feel this way? ______

Page 13 of 21

911 Call In the past 12 months, have you made a 911 emergency call to the Wausau Police to request their assistance? o Yes (1) o No (2)

Display This Question: If In the past 12 months, have you made a 911 emergency call to the Wausau Police to request their a... = Yes

911.1 On the last occasion that you made a 911 emergency call to the Wausau Police, were you treated with dignity and respect? o Not at all (1) o A little (2) o A moderate amount (3) o A lot (4) o A great deal (5)

Display This Question: If In the past 12 months, have you made a 911 emergency call to the Wausau Police to request their a... = Yes

911.1text Please explain. Is there something specific that occurred with the interaction that made you feel this way? ______

Display This Question: If In the past 12 months, have you made a 911 emergency call to the Wausau Police to request their a... = Yes

911.2 On the last occasion that you made a 911 emergency call to the Wausau Police, how did you feel about that interaction? o Very dissatisfied (1) o Somewhat dissatisfied (2) o Neither satisfied nor dissatisfied (3) o Somewhat satisfied (4) o Very satisfied (5)

Display This Question: If In the past 12 months, have you made a 911 emergency call to the Wausau Police to request their a... = Yes

Page 14 of 21

911.2text Please explain. Is there something specific that occurred with the interaction that made you feel this way? ______

InvoluntaryInter In the past 12 months, have you been approached, stopped, or pulled over by the Wausau Police? o Yes (1) o No (2) o I'm not sure; please explain. (3) ______

Display This Question: If In the past 12 months, have you been approached, stopped, or pulled over by the Wausau Police? = Yes

Invol1 On the last occasion that you were approached, stopped, or pulled over by the Wausau Police, were you treated with dignity and respect? o Not at all (1) o A little (2) o A moderate amount (3) o A lot (4) o A great deal (5)

Display This Question: If In the past 12 months, have you been approached, stopped, or pulled over by the Wausau Police? = Yes

Invol1.text Please explain. Is there something specific that occurred within the interaction that made you feel this way? ______

Display This Question: If In the past 12 months, have you been approached, stopped, or pulled over by the Wausau Police? = Yes

Page 15 of 21

Invol2 On the last occasion that you were approached, stopped, or pulled over by the Wausau Police, how did you feel about that interaction? o Very dissatisfied (1) o Somewhat dissatisfied (2) o Neither satisfied nor dissatisfied (3) o Somewhat satisfied (4) o Very satisfied (5)

Display This Question: If In the past 12 months, have you been approached, stopped, or pulled over by the Wausau Police? = Yes

Invol2.text Please explain. Is there something specific that occurred within the interaction that made you feel this way? ______

Arrest In the past 12 months, have you been arrested by the Wausau Police? o Yes (1) o No (2)

Display This Question: If In the past 12 months, have you been arrested by the Wausau Police? = Yes

Arrest1 On the last occasion that you were arrested by the Wausau Police, were you treated with respect? o Not at all (1) o A little (2) o A moderate amount (3) o A lot (4) o A great deal (5)

Display This Question: If In the past 12 months, have you been arrested by the Wausau Police? = Yes

Arrest1.text Please explain. Is there something specific that occurred within the interaction that made you feel this way? ______

Page 16 of 21

Display This Question: If In the past 12 months, have you been arrested by the Wausau Police? = Yes

Arrest2 On the last occasion that you were arrested by the Wausau Police, how did you feel about that interaction? o Very dissatisfied (1) o Somewhat dissatisfied (2) o Neither satisfied nor dissatisfied (3) o Somewhat satisfied (4) o Very satisfied (5)

Display This Question: If In the past 12 months, have you been arrested by the Wausau Police? = Yes

Arrest2.text Please explain. Is there something specific that occurred within the interaction that made you feel this way? ______

Demographics In our last set of questions, we ask about you: your age, gender identity, and so on. We ask these questions so that we can report the degree to which we have collected responses from a broad sample of people from the community. Please remember, you do not have to answer any questions that you are not comfortable answering.

D1 Do you live in Wausau? o Yes (1) o No (2)

Display This Question: If Do you live in Wausau? = Yes

D1a For how many years have you lived in Wausau? o 0 to 5 years (4) o 6 to 10 years (5) o More than 10 years (6)

Page 17 of 21

D2 Do you work in Wausau? o Yes (1) o No (2)

Display This Question: If Do you work in Wausau? = Yes

D2a For how many years have you worked in Wausau? o 0 to 5 years (4) o 6 to 10 years (5) o More than 10 years (6)

D3 How old are you? o 17 or under (4) o 18-20 (5) o 21-30 (6) o 31-50 (7) o 51-65 (8) o 66 or older (9)

D4 In terms of your gender, how do you identify? o Man (1) o Woman (2) o Non-binary (3) o Other (5)

Page 18 of 21

D5 In terms of your sexuality, who are you sexually attracted to? o I am sexually attracted only to people of my same sex (homosexual) (1) o I am sexually attracted mostly to people of my same sex, but somewhat to people of the other sex (2) o I am attracted to people of both sexes (bisexual) (3) o I am sexually attracted mostly to people of the other sex, but somewhat to people of my same sex (4) o I am sexually attracted only to people of the other sex (heterosexual) (5)

D6 Which of the following best describes your racial or ethnic heritage? o White (1) o Black (2) o White Hispanic (3) o Black Hispanic (4) o American Indian or Alaska Native (5) o Asian (6) o Native Hawaiian or Pacific Islander (7) o Other (8)

D7 What is the highest grade or year of school you have completed? o Elementary school (1) o High school or GED (2) o Some college (3) o College degree (4) o Some post-graduate school (5) o Master's degree (6) o Any doctorate, professional, or medical degree (7) o Vocational or technical degree beyond high school (8) o Other; please explain: (9) ______

Page 19 of 21

D8 Do you or your family own the home in which you live? o Yes (1) o No (2)

D9 Are you religious? o Not at all (1) o A little (2) o Moderately (3) o Quite (4) o Very (5)

D10 Are you an active member of a religious community? o No (1) o Somewhat (2) o Yes (3)

D13 Do you currently struggle, or have you struggled in the past year, with any of the following concerns? Check any that apply. A mood disorder (for example, major depression, bipolar disorder) (1) An anxiety disorder (for example, generalized anxiety, phobia, post-traumatic stress disorder) (2) Alcohol/drug addiction (3) An eating disorder (for example, binge eating, anorexia) (4) A psychotic disorder (for example, schizophrenia) (5) Other; please explain if you would like to: (6) ______None of the above (7)

Page 20 of 21

D14 In the past 12 months, how many times have you been pulled over or stopped by the police? o 0 times (1) o 1 time (2) o 2 times (3) o 3 times (4) o 4 times (5) o 5 or more times (6)

D15 In the past 12 months, how many times have you been arrested by the police? o 0 times (7) o 1 time (8) o 2 times (9) o 3 times (10) o 4 times (11) o 5 or more times (12)

Page 21 of 21

FINAL REPORT OF

MAY 2015 Recommended citation:

President’s Task Force on 21st Century Policing. 2015. Final Report of the President’s Task Force on 21st Century Policing. Washington, DC: Office of Community Oriented Policing Services.

Published 2015 CONTENTS From the Co-Chairs ...... iii

Members of the Task Force ...... v

Task Force Staff ...... vii

Acknowledgments ...... ix

Executive Summary ...... 1

Introduction ...... 5

Pillar 1 . Building Trust & Legitimacy ...... 9

Pillar 2 . Policy & Oversight ...... 19

Pillar 3 . Technology & Social Media ...... 31

Pillar 4 . Community Policing & Crime Reduction ...... 41

Pillar 5 . Training & Education ...... 51

Pillar 6 . Officer Wellness & Safety ...... 61

Implementation ...... 69

Appendix A . Public Listening Sessions & Witnesses ...... 71

Appendix B . Individuals & Organizations That Submitted Written Testimony ...... 75

Appendix C . Executive Order 13684 of December 18, 2014 ...... 79

Appendix D . Task Force Members’ Biographies ...... 81

Appendix E . Recommendations and Actions ...... 85

i

FROM THE CO-CHAIRS

We wish to thank President Barack Obama for giving us the honor and privilege of leading his Task Force on 21st Century Policing. The task force was created to strengthen community policing and trust among law enforcement officers and the communities they serve—especially in light of recent events around the country that have underscored the need for and importance of lasting collaborative relationships between local police and the public. We found engaging with law enforcement officials, technical advi- sors, youth and community leaders, and nongovernmental organizations through a transparent public process to be both enlightening and rewarding, and we again thank the President for this honor.

Given the urgency of these issues, the President gave the task force an initial 90 days to identify best policing practices and offer recommendations on how those practices can promote effective crime reduction while building public trust. In this short period, the task force conducted seven public listen- ing sessions across the country and received testimony and recommendations from a wide range of community and faith leaders, law enforcement officers, academics, and others to ensure its recommen- dations would be informed by a diverse range of voices. Such a remarkable achievement could not have been accomplished without the tremendous assistance provided by the U.S. Department of Justice’s Office of Community Oriented Policing Services (COPS Office), led by Director Ronald L. Davis, who also served as the executive director of the task force. We thank Director Davis for his leadership, as well as his chief of staff, Melanca Clark, and the COPS Office team that supported the operation and administration of the task force.

We also wish to extend our appreciation to the COPS Office’s extremely capable logistical and technical assistance provider, Strategic Applications International (SAI), led by James and Colleen Copple. In ad- dition to logistical support, SAI digested the voluminous information received from testifying witnesses and the public in record time and helped facilitate the task force’s deliberations on recommendations for the President. We are also grateful for the thoughtful assistance of Darrel Stephens and Stephen Rick- man, our technical advisors.

Most important, we would especially like to thank the hundreds of community members, law en- forcement officers and executives, associations and stakeholders, researchers and academics, and civic leaders nationwide who stepped forward to support the efforts of the task force and to lend their experience and expertise during the development of the recommendations contained in this report. The passion and commitment shared by all to building strong relationships between law enforcement and communities became a continual source of inspiration and encouragement to the task force.

The dedication of our fellow task force members and their commitment to the process of arriving at consensus around these recommendations is also worth acknowledging. The task force members brought diverse perspectives to the table and were able to come together to engage in meaningful dialogue on emotionally charged issues in a respectful and effective manner. We believe the type of constructive dialogue we have engaged in should serve as an example of the type of dialogue that must occur in communities throughout the nation.

i i i F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

While much work remains to be done to address many longstanding issues and challenges—not only within the field of law enforcement but also within the broader criminal justice system—this experience has demonstrated to us that Americans are, by nature, problem solvers. It is our hope that the recom- mendations included here will meaningfully contribute to our nation’s efforts to increase trust between law enforcement and the communities they protect and serve.

Charles H. Ramsey Laurie O. Robinson Co-Chair Co-Chair

i v President Barack Obama joins members of the President’s Task Force on 21st Century Policing for a group photo in the Oval Office, March 2, 2015. OFFICIAL WHITE HOUSE PHOTO BY PETE SOUZA MEMBERS OF THE TASK FORCE

Co-Chairs

Charles Ramsey, Commissioner, Philadelphia Police Department Laurie Robinson, Professor, George Mason University

Members

Cedric L. Alexander, Deputy Chief Operating Officer for Public Safety, DeKalb County, Georgia Jose Lopez, Lead Organizer, Make the Road New York Tracey L. Meares, Walton Hale Hamilton Professor of Law, Yale Law School Brittany N. Packnett, Executive Director, Teach For America, St. Louis, Missouri Susan Lee Rahr, Executive Director, Washington State Criminal Justice Training Commission Constance Rice, Co-Director, Advancement Project Sean Michael Smoot, Director and Chief Counsel, Police Benevolent & Protective Association of Illinois Bryan Stevenson, Founder and Executive Director, Equal Justice Initiative Roberto Villaseñor, Chief of Police, Tucson Police Department

v PHOTO: BRANDON TRAMEL TASK FORCE STAFF

The U.S. Department of Justice’s Office of Community Oriented Policing Services, led by Director Ronald L. Davis, provided administrative services, funds, facilities, staff, equipment, and other support services as necessary for the task force to carry out its mission:

Executive Director Ronald L. Davis

Chief of Staff Melanca Clark

Communications Director Silas Darden (Office of Justice Programs)

General Counsel Charlotte Grzebien

External Affairs Liaison Danielle Ouellette

External Affairs Liaison Sheryl Thomas

Legislative Liaison Shannon Long

Project Manager Deborah Spence

Senior Policy Advisor Katherine McQuay

Site Manager Laurel Matthews

Special Assistant Michael Franko

Special Assistant Jennifer Rosenberger

Writer Janice Delaney (Office of Justice Programs)

Writer Faye Elkins

Strategic Applications International (SAI):1 James Copple, Colleen Copple, Jessica Drake, Jason Drake, Steven Minson, Letitia Harmon, Anthony Coulson, Mike McCormack, Shawnee Bigelow, Monica Palacio, and Adrienne Semidey

Technical Advisors: Stephen Rickman and Darrel Stephens

Consultant Research Assistants: Jan Hudson, Yasemin Irvin-Erickson, Katie Jares, Erin Kearns, Belen Lowrey, and Kristina Lugo

1. SAI provided technical and logistical support through a cooperative agreement with the COPS Office.

v i i

ACKNOWLEDGMENTS

The task force received support from other components of the U.S. Department of Justice, including the Office of Justice Programs, led by Assistant Attorney General Karol Mason, and the Civil Rights Division, led by Acting Assistant Attorney General Vanita Gupta.

The following individuals from across the U.S. Department of Justice also assisted the task force in its work: Eric Agner, Amin Aminfar, Pete Brien, Pamela Cammarata, Erin Canning, Ed Chung, Caitlin Currie, Shanetta Cutlar, Melissa Fox, Shirlethia Franklin, Ann Hamilton, Najla Haywood, Esteban Hernandez, Natalie Hopewell, Arthur Gary, Tammie Gregg, Richard Hughes, Valerie Jordan, Mark Kappelhoff, John Kim, Kevin Lewis, Robert Listenbee, Cynthia Pappas, Scott Pestridge, Channing Phillips, Melissa Randolph, Margaret Richardson, Janice Rodgers, Elizabeth Simpson, Jonathan Smith, Brandon Tramel, Donte Turner, and Miriam Vogel.

i x F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Cincinnati Police Chief Jeffrey Blackwell welcomes the task force to the University of Cincinnati, January 30, 2015. PHOTO: DEBORAH SPENCE EXECUTIVE SUMMARY

Trust between law enforcement agencies and pose reforms; as a corollary to this effort, the task the people they protect and serve is essential in a force also recommends that the President support democracy. It is key to the stability of our communi- programs that take a comprehensive and inclusive ties, the integrity of our criminal justice system, and look at community-based initiatives addressing the safe and effective delivery of policing services. core issues such as poverty, education, and health and safety. In light of recent events that have exposed rifts in the relationships between local police and the communities they protect and serve, on Decem- Pillar One: Building Trust ber 18, 2014, President Barack Obama signed an and Legitimacy executive order establishing the Task Force on 21st Building trust and nurturing legitimacy on both Century Policing. The President charged the task sides of the police/citizen divide is the founda- force with identifying best practices and offering tional principle underlying the nature of relations recommendations on how policing practices can between law enforcement agencies and the promote effective crime reduction while building communities they serve. Decades of research public trust. and practice support the premise that people are This executive summary provides an overview more likely to obey the law when they believe that of the recommendations of the task force, which those who are enforcing it have authority that is met seven times in January and February of 2015. perceived as legitimate by those subject to the These listening sessions, held in Washington, D.C.; authority. The public confers legitimacy only on Phoenix, Arizona; and Cincinnati, Ohio, brought those whom they believe are acting in procedur- the 11 members of the task force together with ally just ways. In addition, law enforcement cannot more than 100 individuals from diverse stakeholder build community trust if it is seen as an occupying groups—law enforcement officers and executives, force coming in from outside to impose control on community members, civic leaders, advocates, the community. Pillar one seeks to provide focused researchers, academics, and others—in addition to recommendations on building this relationship. many others who submitted written testimony to Law enforcement culture should embrace a guard- study the problems from all perspectives. ian—rather than a warrior—mindset to build trust The task force recommendations, each with action and legitimacy both within agencies and with items, are organized around six main topic areas or the public. Toward that end, law enforcement “pillars:” Building Trust and Legitimacy, Policy and agencies should adopt procedural justice as the Oversight, Technology and Social Media, Commu- guiding principle for internal and external policies nity Policing and Crime Reduction, Officer Training and practices to guide their interactions with rank and Education, and Officer Safety and Wellness. and file officers and with the citizens they serve. Law enforcement agencies should also establish The task force also offered two overarching rec- a culture of transparency and accountability to ommendations: the President should support the build public trust and legitimacy. This is critical to creation of a National Crime and Justice Task Force ensuring decision making is understood and in to examine all areas of criminal justice and pro- accord with stated policy.

1 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Law enforcement agencies should also proactively data on all parties involved. All policies and promote public trust by initiating positive non- aggregate data should be made publicly available enforcement activities to engage communities to ensure transparency. that typically have high rates of investigative and enforcement involvement with government agen- To ensure policies are maintained and current, cies. Law enforcement agencies should also track law enforcement agencies are encouraged to and analyze the level of trust communities have in periodically review policies and procedures, police just as they measure changes in crime. This conduct nonpunitive peer reviews of critical can be accomplished through consistent annual incidents separate from criminal and administra- community surveys. Finally, law enforcement tive investigations, and establish civilian oversight agencies should strive to create a workforce that mechanisms with their communities. encompasses a broad range of diversity including Finally, to assist law enforcement and the com- race, gender, language, life experience, and cul- munity achieve the elements of pillar two, the tural background to improve understanding and U.S. Department of Justice, through the Office effectiveness in dealing with all communities. of Community Oriented Policing Services (COPS Office) and Office of Justice Programs (OJP), should Pillar Two: Policy and Oversight provide technical assistance and incentive funding to jurisdictions with small police agencies that take Pillar two emphasizes that if police are to carry out steps toward interagency collaboration, shared their responsibilities according to established poli- services, and regional training. They should also cies, those policies must reflect community values. partner with the International Association of Direc- Law enforcement agencies should collaborate with tors of Law Enforcement Standards and Training community members, especially in communities (IADLEST) to expand its National Decertification and neighborhoods disproportionately affected Index to serve as the National Register of Decerti- by crime, to develop policies and strategies for fied Officers with the goal of covering all agencies deploying resources that aim to reduce crime by within the United States and its territories. improving relationships, increasing community engagement, and fostering cooperation. Pillar Three: Technology & To achieve this end, law enforcement agencies Social Media should have clear and comprehensive policies on the use of force (including training on the im- The use of technology can improve policing practic- portance of de-escalation), mass demonstrations es and build community trust and legitimacy, but its (including the appropriate use of equipment, implementation must be built on a defined policy particularly rifles and armored personnel carriers), framework with its purposes and goals clearly de- consent before searches, gender identification, lineated. Implementing new technologies can give racial profiling, and performance measures— police departments an opportunity to fully engage among others such as external and independent and educate communities in a dialogue about their investigations and prosecutions of officer-involved expectations for transparency, accountability, and shootings and other use of force situations and privacy. But technology changes quickly in terms in-custody deaths. These policies should also in- of new hardware, software, and other options. Law clude provisions for the collection of demographic enforcement agencies and leaders need to be able

2 E x e c u t i v e S u m m a r y

to identify, assess, and evaluate new technology munity engagement in managing public safety. for adoption and do so in ways that improve their Law enforcement agencies should also engage in effectiveness, efficiency, and evolution without multidisciplinary, community team approaches for infringing on individual rights. planning, implementing, and responding to crisis situations with complex causal factors. Pillar three guides the implementation, use, and evaluation of technology and social media by law Communities should support a culture and enforcement agencies. To build a solid foundation practice of policing that reflects the values of for law enforcement agencies in this field, the U.S. protection and promotion of the dignity of all— Department of Justice, in consultation with the especially the most vulnerable, such as children law enforcement field, should establish national and youth most at risk for crime or violence. Law standards for the research and development of enforcement agencies should avoid using law new technology including auditory, visual, and bio- enforcement tactics that unnecessarily stigmatize metric data, “less than lethal” technology, and the youth and marginalize their participation in schools development of segregated radio spectrum such (where law enforcement officers should have limit- as FirstNet. These standards should also address ed involvement in discipline) and communities. In compatibility, interoperability, and implementation addition, communities need to affirm and recog- needs both within local law enforcement agencies nize the voices of youth in community decision and across agencies and jurisdictions and should making, facilitate youth participation in research maintain civil and human rights protections. Law and problem solving, and develop and fund youth enforcement implementation of technology leadership training and life skills through positive should be designed considering local needs and youth/police collaboration and interactions. aligned with these national standards. Finally, law enforcement agencies should adopt model policies and best practices for technology-based Pillar Five: Training & Education community engagement that increases communi- As our nation becomes more pluralistic and ty trust and access. the scope of law enforcement’s responsibilities expands, the need for expanded and more effective training has become critical. Today’s line Pillar Four: Community Policing & officers and leaders must be trained and capable Crime Reduction to address a wide variety of challenges including Pillar four focuses on the importance of com- international terrorism, evolving technologies, munity policing as a guiding philosophy for all rising immigration, changing laws, new cultural stakeholders. Community policing emphasizes mores, and a growing mental health crisis. working with neighborhood residents to co- Pillar five focuses on the training and education produce public safety. Law enforcement agencies needs of law enforcement. To ensure the high should, therefore, work with community residents quality and effectiveness of training and educa- to identify problems and collaborate on imple- tion, law enforcement agencies should engage menting solutions that produce meaningful results community members, particularly those with spe- for the community. Specifically, law enforcement cial expertise, in the training process and provide agencies should develop and adopt policies and leadership training to all personnel throughout strategies that reinforce the importance of com- their careers.

3 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

To further assist the training and educational Law enforcement agencies should also promote needs of law enforcement, the Federal Gov- wellness and safety at every level of the organiza- ernment should support the development of tion. For instance, every law enforcement officer partnerships with training facilities across the should be provided with individual tactical first aid country to promote consistent standards for high kits and training as well as anti-ballistic vests. In quality training and establish training innovation addition, law enforcement agencies should adopt hubs involving universities and police academies. policies that require officers to wear seat belts and A national postgraduate institute of policing for bullet-proof vests and provide training to raise senior executives should be created with a stan- awareness of the consequences of failure to do so. dardized curriculum preparing participants to lead Internal procedural justice principles should be ad- agencies in the 21st century. opted for all internal policies and interactions. The Federal Government should develop programs One specific method of increasing the quality of to provide financial support for law enforcement training would be to ensure that Peace Officer officers to continue to pursue educational op- and Standards Training (POST) boards include portunities. Finally, Congress should develop and mandatory Crisis Intervention Training (CIT), which enact peer review error management legislation. equips officers to deal with individuals in crisis or living with mental disabilities, as part of both basic recruit and in-service officer training—as well as Implementation Recommendations instruction in disease of addiction, implicit bias The administration, through policies and practices and cultural responsiveness, policing in a dem- already in place, can start right now to move ocratic society, procedural justice, and effective forward on the recommendations contained in social interaction and tactical skills. this report. The President should direct all federal law enforcement agencies to implement the task Pillar Six: Officer Wellness & Safety force recommendations to the extent practica- ble, and the U.S. Department of Justice should The wellness and safety of law enforcement explore public-private partnership opportunities officers is critical not only for the officers, their with foundations to advance implementation of colleagues, and their agencies but also to public the recommendations. Finally, the COPS Office safety. Pillar six emphasizes the support and prop- and OJP should take a series of targeted actions er implementation of officer wellness and safety as to assist the law enforcement field in addressing a multi-partner effort. current and future challenges. The U.S. Department of Justice should enhance and further promote its multi-faceted officer safety Conclusion and wellness initiative. Two specific strategies recommended for the U.S. Department of Justice The members of the Task Force on 21st Century include (1) encouraging and assisting departments Policing are convinced that the concrete recom- in the implementation of scientifically supported mendations contained in this publication will shift lengths by law enforcement and (2) expand- bring long-term improvements to the ways in ing efforts to collect and analyze data not only on which law enforcement agencies interact with and officer deaths but also on injuries and “near misses.” bring positive change to their communities.

4 INTRODUCTION “When any part of the American family does not feel like it is being treated fairly, that’s a problem for all of us.” —President Barack Obama Trust between law enforcement agencies and These remarks underpin the philosophical the people they protect and serve is essential foundation for the Task Force on 21st Century in a democracy. It is key to the stability of our Policing: to build trust between citizens and their communities, the integrity of our criminal justice peace officers so that all components of a com- system, and the safe and effective delivery of munity are treating one another fairly and justly policing services. and are invested in maintaining public safety in an atmosphere of mutual respect. Decades of In light of the recent events that have exposed research and practice tell us that the public cares rifts in the relationships between local police and as much about how police interact with them as the communities they protect and serve, on De- they care about the outcomes that legal actions cember 18, 2014, President Barack Obama signed produce. People are more likely to obey the law Executive Order 13684 establishing the Task Force when they believe those who are enforcing it on 21st Century Policing. have the right—the legitimate authority—to tell 2 In establishing the task force, the President spoke them what to do. Building trust and legitimacy, of the distrust that exists between too many therefore, is not just a policing issue. It involves all police departments and too many communi- components of the criminal justice system and ties—the sense that in a country where our basic is inextricably bound to bedrock issues affecting principle is equality under the law, too many the community such as poverty, education, and individuals, particularly young people of color, do public health. not feel as if they are being treated fairly. The mission of the task force was to examine ways “When any part of the American family does not of fostering strong, collaborative relationships feel like it is being treated fairly, that’s a problem between local law enforcement and the commu- for all of us,” said the President. “It’s not just a nities they protect and to make recommendations problem for some. It’s not just a problem for a to the President on ways policing practices can particular community or a particular demographic. promote effective crime reduction while building It means that we are not as strong as a country public trust. The President selected members of as we can be. And when applied to the criminal the task force based on their ability to contribute justice system, it means we’re not as effective in to its mission because of their relevant perspec- fighting crime as we could be.” tive, experience, or subject matter expertise in policing, law enforcement and community relations, civil rights, and civil liberties.

2. T.R. Tyler, Why People Obey the Law (New Haven, CT: Yale University Press, 1990); M.S. Frazer, The Impact of the Community Court Model on Defendant Perceptions of Fairness: A Case Study at the Red Hook Community Justice Center (New York: Center for Court Innovation, 2006).

5 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

The task force was given 90 days to conduct licing” in its historical and contemporary contexts, hearings, review the research, and make recom- defining the difference between implicit bias and mendations to the President, so its focus was racial discrimination—two concepts at the heart sharp and necessarily limited. It concentrated of perceived difficulties between police and the on defining the cross-cutting issues affecting people. Witnesses from community organizations police-community interactions, questioning stressed the need for more police involvement in the contemporary relevance and truth about community affairs as an essential component of long-held assumptions regarding the nature and their crime fighting duties. Police officers gave the methods of policing, and identifying the areas beat cop’s perspective on protecting people who where research is needed to highlight examples do not respect their authority, and three big-city of evidence-based policing practices compatible mayors told of endemic budgetary obstacles to with present realities. addressing policing challenges.

To fulfill this mission, the task force convened sev- The session on Policy and Oversight again brought en listening sessions to hear testimony—including witnesses from diverse police forces (both chiefs recommendations for action—from government and union representatives), from law and academia, officials; law enforcement officers; academic- ex and from established civil rights organizations and perts; technical advisors; leaders from established grass-root groups. They discussed use of force from nongovernmental organizations, including grass- the point of view of both research and policy and roots movements; and any other members of the internal and external oversight; explained how they public who wished to comment. The listening prepare for and handle mass demonstrations; and sessions were held in Washington, D.C., January 13; pondered culture and diversity in law enforcement. Cincinnati, Ohio, January 30–31; Phoenix, Arizona, Witnesses filled the third session, on Technology February 13–14; and again in Washington, D.C., and Social Media, with testimony on the use of February 23–24. Other forms of outreach included body-worn cameras and other technologies from a number of White House listening sessions to the angles of research and legal considerations, engage other constituencies, such as people with as well as the intricacies of implementing new disabilities, the LGBTQ community, and members technologies in the face of privacy issues. They of the armed forces, as well as careful study of discussed the ever-expanding ubiquity of social scholarly articles, research reports, and written media and its power to work both for and against contributions from informed experts in various policing practice and public safety. fields relevant to the task force’s mission. The Community Policing and Crime Reduction lis- Each of the seven public listening sessions ad- tening session considered current research on the dressed a specific aspect of policing and effectiveness of community policing on bringing police-community relations, although cross- down crime, as well as building up public trust. cutting issues and concerns made their appear- Task force members heard detailed descriptions ance at every session. At the first session, Building of the methods used by chiefs in cities of varying Trust and Legitimacy, the topic of procedural sizes to implement effective community policing justice was discussed as a foundational necessity in their jurisdictions over a number of years. They in building public trust. Subject matter experts also heard from a panel of young people about also testified as to the meaning of “community po- their encounters with the criminal justice system

6 I n t r o d u c t i o n

and the lasting effects of positive interactions 0.1 Overarching recOmmendatiOn: with police through structured programs as well The President should support and provide as individual relationships. The fifth listening funding for the creation of a National Crime session considered Training and Education in law and Justice Task Force to review and evaluate enforcement over an officer’s entire career—from all components of the criminal justice system recruitment through basic training to in-service for the purpose of making recommendations training—and the support, education, and to the country on comprehensive criminal training of supervisors, leaders, and managers. justice reform. Finally, the panel on Officer Safety and Wellness Several witnesses at the task force’s listening considered the spectrum of mental and physical sessions pointed to the fact that police represent health issues faced by police officers from the the “face” of the criminal justice system to the day-to-day stress of the job, its likely effect on an public. Yet police are obviously not responsible for officer’s physical health, and the need for mental laws or incarceration policies that many citizens health screening to traffic accidents, burnout, find unfair. This misassociation leads us to call for a suicide, and how better to manage these issues to broader examination of such issues as drug policy, determine the length of an officer’s career. sentencing and incarceration, which are beyond A listening session on the Future of Community Po- the scope of a review of police practices. licing concluded the task force’s public sessions and This is not a new idea. was followed by the deliberations leading to the recommendations that follow on ways to research, In the 1967 President’s Commission on Law improve, support, and implement policies and Enforcement and Administration of Justice report, procedures for effective policing in the 21st century. The Challenge of Crime in a Free Society, one of the major findings stated, “Officials of the criminal Many excellent and specific suggestions emerged justice system . . . must re-examine what they do. from these listening sessions on all facets of polic- They must be honest about the system’s short- ing in the 21st century, but many questions arose comings with the public and with themselves.”3 as well. Paramount among them was how to bring unity of purpose and consensus on best practices The need to establish a formal structure to take a to a nation with 18,000 separate law enforcement continuous look at criminal justice reform in the agencies and a strong history of a preference for context of broad societal issues has never faded local control of local issues. It became very clear from public consciousness. When former Senator that it is time for a comprehensive and multifacet- Jim Webb (D-VA) introduced legislation to create ed examination of all the interrelated parts of the the National Criminal Justice Commission in 2009, criminal justice system and a focused investigation a number of very diverse organizations from the into how poverty, lack of education, mental health, Major Cities Chiefs Association, the Fraternal Order and other social conditions cause or intersect with of Police, the National Sheriffs Association, and the criminal behavior. We propose two overarching National District Attorneys Association to Human recommendations that will seek the answers to Rights Watch, the American Civil Liberties Union, these questions. 3. The President’s Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society (Washington, DC: U.S. Government Printing Office, 1967), 15, https://www.ncjrs.gov/pdffiles1/nij/42.pdf.

7 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

A panel of community voices with Allie Bones, Renaldo Fowler, Keeshan Harley, Andrea Ritchie, and Linda Sarsour, Phoenix, February 14, 2015. PHOTO: DEBORAH SPENCE and the National Association for the Advancement And Jeremy Travis, president of John Jay of Colored People all supported it. This legislation College of Criminal Justice, added, in the final would have authorized a national criminal justice listening session, commission to conduct a comprehensive review of the criminal justice system by a bipartisan panel You said it is time to look at the criminal justice of stakeholders, policymakers, and experts that system, and actually I would broaden the scope. We would make thoughtful, evidence-based recom- have this question of how to reintegrate into our mendations for reform. The bill received strong society those who have caused harms . . . . It is not bipartisan support and passed the House but just the system but these big, democratic, societal never received a final vote. questions that go to government functions and how we deal with conflict as well.5 More recently, a number of witnesses raised the idea of a national commission at the task force’s 0.2 Overarching recOmmendatiOn: listening sessions—notably Richard Beary, presi- The President should promote programs dent of the International Association of Chiefs of that take a comprehensive and inclusive look Police (IACP), who said, at community-based initiatives that address For over 20 years, the IACP has called for the the core issues of poverty, education, health, creation of a National Commission on Criminal and safety. Justice to develop across-the-board improvements As is evident from many of the recommendations to the criminal justice system in order to address in this report, the justice system alone cannot current challenges and to increase the efficiency solve many of the underlying conditions that give and effectiveness of the entire criminal justice rise to crime. It will be through partnerships across community. A deep dive into community-police sectors and at every level of government that we relations is only one part of this puzzle. We must will find the effective and legitimate long-term explore other aspects of the criminal justice system solutions to ensuring public safety. that need to be revamped and further contribute to today’s challenges.4

4. Listening Session on Building Trust and Legitimacy (oral testimony of Richard 5. Listening Session on the Future of Community Policing (oral testimony of Beary, president, IACP, for the President’s Task Force on 21st Century Policing, Jeremy Travis, president, John Jay College of Criminal Justice, for the President’s Task Washington, DC, January 13–14, 2015). Force on 21st Century Policing, Washington, DC, January 24, 2015).

8 PILLAR 1 . BUILDING TRUST & LEGITIMACY People are more likely to obey the law when they believe that those who are enforcing it have the legitimate authority to tell them what to do . . . . The public confers legitimacy only on those they believe are acting in procedurally just ways.

Building trust and nurturing legitimacy on both This decline is in addition to the fact that non- sides of the police-citizen divide is not only the first Whites have always had less confidence in law pillar of this task force’s report but also the foun- enforcement than Whites, likely because “the dational principle underlying this inquiry into the poor and people of color have felt the greatest nature of relations between law enforcement and impact of mass incarceration,” such that for “too the communities they serve. Since the 1990s, po- many poor citizens and people of color, arrest licing has become more effective, better equipped, and imprisonment have become an inevitable and better organized to tackle crime. Despite this, and seemingly unavoidable part of the American Gallup polls show the public’s confidence in police experience.”7 Decades of research and practice work has remained flat, and among some popula- support the premise that people are more likely to tions of color, confidence has declined.6 obey the law when they believe that those

Figure 1. Confidence in police to protect them from violent crime, U.S. Whites vs. non-Whites

Source: Justin McCarthy, “Nonwhites Less Likely” (see note 6). Copyright © 2014 Gallup, Inc. All rights reserved. The content is used with permission; however, Gallup retains all rights of republication.

6. Justin McCarthy, “Nonwhites Less Likely to Feel Police Protect and Serve 7. Bryan Stevenson, “Confronting Mass Imprisonment and Restoring Fairness to Them,” Gallup: Politics, November 17, 2014, http://www.gallup.com/poll/179468/ Collateral Review of Criminal Cases,” Harvard Civil Rights-Civil Liberties Law Review nonwhites-less-likely-feel-police-protect-serve.aspx. 41 (Summer 2006): 339–367.

9 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

who are enforcing it have the legitimate authority follows that officers who feel respected by their to tell them what to do. But the public confers organizations are more likely to bring this respect legitimacy only on those they believe are acting in into their interactions with the people they serve. procedurally just ways. External procedural justice focuses on the ways Procedurally just behavior is based on four central officers and other legal authorities interact with principles: the public and how the characteristics of those in- teractions shape the public’s trust of the police. It 1. Treating people with dignity and respect is important to understand that a key component 2. Giving individuals “voice” during encounters of external procedural justice—the practice of fair 3. Being neutral and transparent in and impartial policing—is built on understanding decision making and acknowledging human biases,11 both explicit and implicit. 4. Conveying trustworthy motives8 Research demonstrates that these principles lead All human beings have biases or prejudices as to relationships in which the community trusts a result of their experiences, and these biases that officers are honest, unbiased, benevolent, and influence how they might react when dealing lawful. The community therefore feels obligated to with unfamiliar people or situations. An explicit follow the law and the dictates of legal authorities bias is a conscious bias about certain populations and is more willing to cooperate with and engage based upon race, gender, socioeconomic status, those authorities because it believes that it shares a sexual orientation, or other attributes.12 Common common set of interests and values with the police.9 sense shows that explicit bias is incredibly dam- aging to police-community relations, and there is There are both internal and external aspects to a growing body of research evidence that shows procedural justice in policing agencies. Internal that implicit bias—the biases people are not even procedural justice refers to practices within an aware they have—is harmful as well. agency and the relationships officers have with their colleagues and leaders. Research on internal Witness Jennifer Eberhardt said, procedural justice tells us that officers who feel respected by their supervisors and peers are more Bias is not limited to so-called “bad people.” And likely to accept departmental policies, understand it certainly is not limited to police officers. The decisions, and comply with them voluntarily.10 It problem is a widespread one that arises from history, from culture, and from racial inequalities that still 8. Lorraine Mazerolle, Sarah Bennett, Jacqueline Davis, Elise Sargeant, pervade our society and are especially salient in the and Matthew Manning, “Legitimacy in Policing: A Systematic Review,” The context of criminal justice.13 Campbell Collection Library of Systematic Reviews 9 (Oslo, Norway: The Campbell Collaboration, 2013). 9. Tom Tyler, Jonathon Jackson, and Ben Bradford, “Procedural Justice and Cooperation,” in Encyclopedia of Criminology and Criminal Justice, eds. Gerben Bruinsma and David Weisburd (New York: Springer, 2014), 4011–4024. 11. Lorie Fridell, “This is Not Your Grandparents’ Prejudice: The Implications of 10. Nicole Haas et al., “Explaining Officer Compliance: The Importance of the Modern Science of Bias for Police Training,” Translational Criminology (Fall Procedural Justice and Trust inside a Police Organization,” Criminology and 2013):10–11. Criminal Justice (January 2015), doi: 10.1177/1748895814566288; COPS Office, 12. Susan Fiske, “Are We Born Racist?” Greater Good (Summer 2008):14–17. “Comprehensive Law Enforcement Review: Procedural Justice and Legitimacy,” 13. Listening Session on Building Trust and Legitimacy (oral testimony of Jennifer accessed February 28, 2015, http://www.cops.usdoj.gov/pdf/taskforce/ Eberhardt for the President’s Task Force on 21st Century Policing, Washington, DC, Procedural-Justice-and-Legitimacy-LE-Review-Summary.pdf. January 13, 2015).

1 0 P i l l a r 1 . B u i l d i n g T r u s t & L e g i t i m a c y

To achieve legitimacy, mitigating implicit bias 1.1 recOmmendatiOn: Law enforcement should be a part of training at all levels of a law culture should embrace a guardian mindset to enforcement organization to increase awareness build public trust and legitimacy. Toward that and ensure respectful encounters both inside the end, police and sheriffs’ departments should organization and with communities. adopt procedural justice as the guiding principle for internal and external policies and practices to The first witnesses at the task force sessions on guide their interactions with the citizens they serve. the first pillar also directly addressed the need for a change in the culture in which police do their How officers define theirole r will set the tone work: the use of disrespectful language and the for the community. As Plato wrote, “In a republic implicit biases that lead officers to rely upon race that honors the core of democracy—the great- in the context of stop and frisk. They addressed est amount of power is given to those called the need for police officers to find how much they Guardians. Only those with the most impeccable have in common with the people they serve— character are chosen to bear the responsibility of not the lines of authority they may perceive to protecting the democracy.” separate them—and to continue with enduring Law enforcement cannot build community trust programs proven successful over many years. if it is seen as an occupying force coming in from Several speakers stressed the continuing need outside to rule and control the community. for civilian oversight and urged more research As task force member Susan Rahr wrote, into proving ways it can be most effective. And many spoke to the complicated issue of diversity In 2012, we began asking the question, “Why are we in recruiting, especially Sherrilyn Ifill, who said of training police officers like soldiers?” Although police youth in poor communities, officers wear uniforms and carry weapons, the similarity ends there. The missions and rules of engagement By the time you are 17, you have been stopped are completely different. The soldier’s mission is that and frisked a dozen times. That does not make that of a warrior: to conquer. The rules of engagement are 17-year-old want to become a police officer . . . . decided before the battle. The police officer’s mission is The challenge is to transform the idea of policing in that of a guardian: to protect. The rules of engagement communities among young people into something evolve as the incident unfolds. Soldiers must follow they see as honorable. They have to see people orders. Police officers must make independent at local events, as the person who lives across the decisions. Soldiers come into communities as an street, not someone who comes in and knows outside, occupying force. Guardians are members of nothing about my community.14 the community, protecting from within.15 The task force’s specific recommendations that There’s an old saying, “Organizational culture follow offer practical ways agencies can act to eats policy for lunch.” Any law enforcement promote legitimacy. 15. Sue Rahr, “Transforming the Culture of Policing from Warriors to Guardians 14. Listening Session on Building Trust and Legitimacy (oral testimony in Washington State,” International Association of Directors of Law Enforcement of Sherrilyn Ifill, president and director-counsel, NAACP Legal Defense and Standards and Training Newsletter 25, no. 4 (2014): 3–4; see also Sue Rahr and Educational Fund, Inc., for the President’s Task Force on 21st Century Policing, Stephen K. Rice, “From Warriors to Guardians: Recommitting American Police Washington, DC, January 13, 2015); “Statement by the NAACP Legal Defense Culture to Democratic Ideals,” New Perspectives in Policing Bulletin (Washington, and Educational Fund, Inc.” (written testimony submitted for listening session at DC: National Institute of Justice, 2015), NCJ 248654, http://www.hks.harvard.edu/ Washington, DC, January 13, 2015). content/download/76023/1708385/version/1/file/WarriorstoGuardians.pdf.

1 1 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

organization can make great rules and policies Baltimore Police Commissioner Anthony Batts that emphasize the guardian role, but if policies described the process in his city: conflict with the existing culture, they will not be institutionalized and behavior will not change. In The process started with the commissioning of a police work, the vast majority of an officer’s work is study to evaluate the police department and the done independently outside the immediate over- community’s views of the agency . . . . The review sight of a supervisor. But consistent enforcement uncovered broken policies, outdated procedures, of rules that conflict with a military-style culture, outmoded technology, and operating norms that where obedience to the chain of command is the put officers at odds with the community they are norm, is nearly impossible. Behavior is more likely meant to serve. It was clear that dramatic and 17 to conform to culture than rules. dynamic change was needed.

The culture of policing is also important to the Ultimately, the Baltimore police created the proper exercise of officer discretion and use of Professional Standards and Accountability Bureau, authority, as task force member Tracey Meares has tasked with rooting out corruption, holding offi- written.16 The values and ethics of the agency will cers accountable, and implementing national best guide officers in their decision-making process; practices for polices and training. New department they cannot simply rely on rules and policy to act heads were appointed and a use of force review in encounters with the public. Good policing is structure based on the Las Vegas model was more than just complying with the law. Some- implemented. “These were critical infrastructure times actions are perfectly permitted by policy, changes centered on the need to improve the in- but that does not always mean an officer should ternal systems that would build accountability and take those actions. Adopting procedural justice transparency, inside and outside the organization,” 18 as the guiding principle for internal and external noted Commissioner Batts. policies and practices can be the underpinning of a change in culture and should contribute to 1.2.1 Action Item: The U.S. Department of building trust and confidence in the community. Justice should develop and disseminate case studies that provide examples where past injustices were publicly acknowledged by law enforcement agen- 1.2 recOmmendatiOn: Law enforcement cies in a manner to help build community trust. agencies should acknowledge the role of policing in past and present injustice and discrimination and how it is a hurdle to the 1.3 Recommendation: Law enforcement promotion of community trust. agencies should establish a culture of transparency and accountability in order to At one listening session, a panel of police chiefs build public trust and legitimacy. This will help described what they had been doing in recent ensure decision making is understood and in years to recognize and own their history and to accord with stated policy. change the culture within both their police forces and their communities. 17. Listening Session on Community Policing and Crime Reduction: Building 16. Tracey L. Meares, “Rightful Policing,” New Perspectives in Policing Bulletin Community Policing Organizations (oral testimony of Anthony Batts, commissioner, (Washington, DC: National Institute of Justice, 2015), NCJ 248411, Baltimore Police Department, for the President’s Task Force on 21st Century Policing, http://www.hks.harvard.edu/content/download/74084/1679313/ Phoenix, AZ, February 13, 2015). version/4/file/RightfulPolicing.pdf. 18. Ibid.

1 2 P i l l a r 1 . B u i l d i n g T r u s t & L e g i t i m a c y

1.3.1 Action Item: To embrace a culture of with citizens and the media swiftly, openly, transparency, law enforcement agencies should and neutrally, respecting areas where the law make all department policies available for public requires confidentiality. review and regularly post on the department’s website information about stops, summonses, ar- One way to promote neutrality is to ensure that rests, reported crime, and other law enforcement agencies and their members do not release back- data aggregated by demographics. ground information on involved parties. While a great deal of information is often publicly avail- able, this information should not be proactively 1.3.2 Action Item: When serious incidents distributed by law enforcement. occur, including those involving alleged police misconduct, agencies should communicate

Figure 2. Community members’ confidence in their police officers

Note: Survey conducted August 20–24, 2014. Voluntary responses of “None” and “Don’t know/Refused” not shown. Blacks and Whites include only non-Hispanics. Hispanics are of any race. Source: Jens Manuel Krogstad, “Latino Confidence in Local Police Lower than among Whites,” Pew Research Center, August 28, 2014, http://www.pewresearch.org/fact-tank/2014/08/28/latino-confidence-in-local-police-lower-than-among-whites/.

1 3 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

1.4 recOmmendatiOn: Law enforcement For example, internal department surveys should agencies should promote legitimacy internally ask officers what they think of policing strategies within the organization by applying the in terms of enhancing or hurting their ability to principles of procedural justice. connect with the public. Sometimes the lead- ership is out of step with their rank and file, and Organizational culture created through employee a survey like this can be a diagnostic tool—a interaction with management can be linked to benchmark against which leadership can measure officers’ interaction with citizens. When an agency its effectiveness and ability to create a work envi- creates an environment that promotes internal ronment where officers feel safe to discuss their procedural justice, it encourages its officers to feelings about certain aspects of the job. demonstrate external procedural justice. And just as employees are more likely to take direction from management when they believe manage- 1.4.2 Action Item: Law enforcement agency ment’s authority is legitimate, citizens are more leadership should examine opportunities to incor- likely to cooperate with the police when they porate procedural justice into the internal discipline believe the officers’ authority is legitimate. process, placing additional importance on values adherence rather than adherence to rules. Union Internal procedural justice begins with the clear leadership should be partners in this process. articulation of organizational core values and the transparent creation and fair application 1.5 recOmmendatiOn: Law enforcement of an organization’s policies, protocols, and agencies should proactively promote public decision-making processes. If the workforce is trust by initiating positive nonenforcement actively involved in policy development, workers activities to engage communities that are more likely to use these same principles of typically have high rates of investigative and external procedural justice in their interactions enforcement involvement with government with the community. Even though the approach agencies. to implementing procedural justice is “top down,” the method should include all employees to best In communities that have high numbers of inter- reach a shared vision and mission. Research shows actions with authorities for a variety of reasons, that agencies should also use tools that encour- police should actively create opportunities for age employee and supervisor collaboration and interactions that are positive and not related to foster strong relationships between supervisors investigation or enforcement action. Witness and employees. A more effective agency will result Laura Murphy, for example, pointed out that when from a real partnership between the chief and the law enforcement targets people of color for the staff and a shared approach to public safety.19 isolated actions of a few, it tags an entire com- munity as lawless when in actuality 95 percent 1.4.1 Action Item: In order to achieve are law abiding.20 This becomes a self-reinforcing internal legitimacy, law enforcement agen- concept. Another witness, Carmen Perez, provided cies should involve employees in the process an example of police engaging with citizens in of developing policies and procedures. another way:

19. Tim Richardson (senior legislative liaison, Fraternal Order of Police), in 20. Listening Session on Building Trust and Legitimacy (oral testimony of Laura discussion with Ajima Olaghere (research assistant, COPS Office, Washington, DC), Murphy to the President’s Task Force on 21st Century Policing, Washington, DC, October 2014. January 13, 2015).

1 4 P i l l a r 1 . B u i l d i n g T r u s t & L e g i t i m a c y

In the community [where] I grew up in southern 1.5.2 actiOn item: Law enforcement agen- California, Oxnard, we had the Police Athletic League. cies should institute residency incentive programs A lot of officers in our communities would volunteer such as Resident Officer Programs. and coach at the police activities league. That became our alternative from violence, from gangs Resident Officer Programs are arrangements and things like that. That allows for police officers where law enforcement officers are provided to really build and provide a space to build trusting housing in public housing neighborhoods as relationships. No longer was that such and such over long as they fulfill public safety duties within there but it was Coach Flores or Coach Brown.21 the neighborhood that have been agreed to between the housing authority and the law In recent years, agencies across the county have enforcement agency. begun to institutionalize community trust building endeavors. They have done this through programs 1.5.3 actiOn item: Law enforcement agen- such as Coffee with a Cop (and Sweet Tea with the cies should create opportunities in schools and Chief), Cops and Clergy, Citizens on Patrol Mobile, communities for positive nonenforcement interac- Students Talking It Over with Police, and the West tions with police. Agencies should also publicize Side Story Project. Joint community and law dia- the beneficial outcomes and images of positive, logues and truth telling, as well as community and trust-building partnerships and initiatives. law enforcement training in procedural justice and bias, are also occurring nationally. Some agencies For example, Michael Reynolds, a member of the are even using training, dialogues, and workshops Youth and Law Enforcement panel at the Listening to take steps towards racial reconciliation. Session on Community Policing and Crime Reduc- tion, told the moving story of a police officer who Agencies engaging in these efforts to build re- saw him shivering on the street when he was six 22 lationships often experience beneficial results. years old, took him to a store, and bought him a Communities are often more willing to assist law coat. Despite many negative encounters with po- enforcement when agencies need help during in- lice since then, the decency and kindness of that vestigations. And when critical incidents occur, those officer continue to favorably impact Mr. Reynolds’ agencies already have key allies who can help with feelings towards the police.23 information messaging and mitigating challenges.

1.5.4 Action Item: Use of physical control 1.5.1 actiOn item: In order to achieve equipment and techniques against vulnerable external legitimacy, law enforcement agencies populations—including children, elderly persons, should involve the community in the process of de- pregnant women, people with physical and men- veloping and evaluating policies and procedures. tal disabilities, limited English proficiency, and others—can undermine public trust and should 21. Listening Session on Building Trust and Legitimacy—Community Representatives: Building Community Policing Organizations (oral testimony of be used as a last resort. Law enforcement agencies Carmen Perez, executive director, The Gathering for Justice, for the President’s Task Force on 21st Century Policing, Washington, DC, January 13, 2015). 22. Constance Rice and Susan K. Lee, Relationship-Based Policing: Achieving 23. Listening Session on Community Policing and Crime Reduction: Youth and Safety in Watts (Los Angeles: The Advancement Project, February 2015), Law Enforcement (oral testimony of Michael Reynolds, co-president, Youth Power http://67.20.108.158/sites/default/files/imce/President%27s%20Task%20 Movement, for the President’s Task Force on 21st Century Policing, Phoenix, AZ, Force%20CSP%20Policy%20Brief%20FINAL%2002-27-15.pdf. February 13, 2015).

1 5 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

should carefully consider and review their policies Agencies should partner with local universities towards these populations and adopt policies if to conduct surveys by ZIP code, for example, to none are in place. measure the effectiveness of specific policing strategies, assess any negative impact they have on a community’s view of police, and gain the 1.6 recOmmendatiOn: Law enforcement community’s input. agencies should consider the potential damage to public trust when implementing crime fighting strategies. 1.7.1 Action Item: The Federal Gov- ernment should develop survey tools and Crime reduction is not self-justifying. Overly instructions for use of such a model to prevent aggressive law enforcement strategies can poten- local departments from incurring the expense and tially harm communities and do lasting damage to to allow for consistency across jurisdictions. public trust, as numerous witnesses over multiple listening sessions observed. A model such as the National Institute of Justice-funded National Police Research Platform 1.6.1 actiOn item: Research conducted could be developed and deployed to conduct to evaluate the effectiveness of crime fighting such surveys. This platform seeks to advance the strategies should specifically look at the potential science and practice of policing in the United for collateral damage of any given strategy on States by introducing a new system of measure- community trust and legitimacy. ment and feedback that captures organizational excellence both inside and outside the walls of the agency. The platform is managed by a team 1.7 recOmmendatiOn: Law enforcement of leading police scholars from seven universi- agencies should track the level of trust in ties supported by the operational expertise of a police by their communities just as they respected national advisory board. measure changes in crime. Annual community surveys, ideally standardized across jurisdictions and with accepted sampling 1.8 recOmmendatiOn: Law enforcement protocols, can measure how policing in that agencies should strive to create a workforce community affects public trust. that contains a broad range of diversity including race, gender, language, life Trust in institutions can only be achieved if the experience, and cultural background to public can verify what they are being told about improve understanding and effectiveness in a product or service, who is responsible for the dealing with all communities. quality of the product or service, and what will be done to correct any problems. To operate effec- Many agencies have long appreciated the critical tively, law enforcement agencies must maintain importance of hiring officers who reflect the public trust by having a transparent, credible communities they serve and also have a high system of accountability. level of procedural justice competency. Achieving diversity in entry level recruiting is important, but achieving systematic and comprehensive diversification throughout each segment of the

1 6 P i l l a r 1 . B u i l d i n g T r u s t & L e g i t i m a c y

Task force members, along with Executive Director Ronald L. Davis, listen to testimony, Washington, D.C., February 23, 2015. PHOTO: BRANDON TRAMEL department is the ultimate goal. It is also import- 1.8.2 actiOn item: The department ant to recognize that diversity means not only overseeing this initiative should help localities race and gender but also the genuine diversity learn best practices for recruitment, training, of identity, experience, and background that has and outreach to improve the diversity as well as been found to help improve the culture of police the cultural and linguistic responsiveness of law departments and build greater trust and legitima- enforcement agencies. cy with all segments of the population. National and local affinity police organizations A critical factor in managing bias is seeking could be formally included in this effort. This candidates who are likely to police in an unbiased program should also evaluate and assess diversity manner.24 Since people are less likely to have biases among law enforcement agencies around the against groups with which they have had positive country and issue public reports on national trends. experiences, police departments should seek can- didates who have had positive interactions with 1.8.3 actiOn item: Successful law en- 25 people of various cultures and backgrounds. forcement agencies should be highlighted and celebrated and those with less diversity should be 1.8.1 Action Item: The Federal Government offered technical assistance to facilitate change. should create a Law Enforcement Diversity Initiative designed to help communities diversify law en- Law enforcement agencies must be continuously forcement departments to reflect the demographics creative with recruitment efforts and employ the of the community. public, business, and civic communities to help.

24. Lorie Fridell, “Racially Biased Policing: The Law Enforcement Response to the 1.8.4 actiOn item: Discretionary federal Implicit Black-Crime Association,” in Racial Divide: Racial and Ethnic Bias in the funding for law enforcement programs could be influ- Criminal Justice System, eds. Michael J. Lynch, E. Britt Patterson, and Kristina K. enced by that department’s efforts to improve their Childs (Monsey, NY: Criminal Justice Press, 2008), 51. 25. Ibid., 51–52. diversity and cultural and linguistic responsiveness.

1 7 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

1.8.5 Action Item: Law enforcement In 2011, the Major Cities Chiefs Association agencies should be encouraged to explore more recommended nine points to Congress and the flexible staffing models. President on this issue, noting that “immigration is a federal policy issue between the U.S. gov- As is common in the nursing profession, offering ernment and other countries, not local or state flexible schedules can help officers achieve better entities and other countries. Any immigration work-life balance that attracts candidates and enforcement laws or practices should be national- encourages retention, particularly for officers with ly based, consistent, and federally funded.”27 sole responsibility for the care of family members.

1.9.2 Action Item: Law enforcement 1.9 recOmmendatiOn: Law enforcement agencies should ensure reasonable and equitable agencies should build relationships based language access for all persons who have encounters on trust with immigrant communities. This is with police or who enter the criminal justice system.28 central to overall public safety.

Immigrants often fear approaching police offi- 1.9.3 Action Item: The U.S. Department cers when they are victims of and witnesses to of Justice should not include civil immigration crimes and when local police are entangled with information in the FBI’s National Crime Informa- federal immigration enforcement. At all levels of tion Center database.29 government, it is important that laws, policies, The National Crime Information Center (NCIC) and practices not hinder the ability of local law database is an electronic clearinghouse that law enforcement to build the strong relationships nec- enforcement officers can access in the field. It essary to public safety and community well-being. contains data submitted by agencies across the It is the view of this task force that whenever possi- country aimed at helping officers identify people, ble, state and local law enforcement should not be property, and criminal histories. At one time, NCIC involved in immigration enforcement. also included civil immigration detainers (nonman- datory temporary hold requests issued by a federal 1.9.1 actiOn item: Decouple federal immi- immigration officer), although the FBI has indicated gration enforcement from routine local policing that the practice of accepting this information was for civil enforcement and nonserious crime. discontinued and that the information does not currently exist in the database. The U.S. Department The U.S. Department of Homeland Security should of Justice should ensure that this remains the case. terminate the use of the state and local criminal justice system, including through detention, notification, and transfer requests, to enforce civil immigration laws against civil and nonserious 27. “Major Cities Chiefs Association Immigration Position October 2011,” accessed criminal offenders.26 February 26, 2015, http://majorcitieschiefs.com/pdf/news/immigration_ position112811.pdf. 28. Listening Session on Building Trust and Legitimacy (written testimony of Nicholas Turner, president and director, Vera Institute of Justice, for the President’s Task Force on 21st Century Policing, Washington, DC, January 13, 2015). 26. Listening Session on Building Trust and Legitimacy: Civil Rights/Civil Liberties 29. Listening Session on Community Policing and Crime Reduction (written (oral testimony of Maria Teresa Kumar, president and CEO, Voto Latino, for the testimony of Javier Valdes, executive director, Make the Road New York, for the President’s Task Force on 21st Century Policing, Washington, DC, January 13, 2015). President’s Task Force on 21st Century Policing, Phoenix, AZ, February 13–14, 2015).

1 8 PILLAR 2 . POLICY & OVERSIGHT Citizens have a constitutional right to freedom of expression, including the right to peacefully demonstrate.

The issues addressed in the first pillar of this report, mistakes, what information was missing or misin- building trust and legitimacy between law enforce- terpreted, and how they could have improved their ment agencies and the communities they serve, behavior and response to suspects.30 underlie all questions of law enforcement policy and community oversight. If police are to carry Data collection, supervision, and accountability out their responsibilities according to established are also part of a comprehensive systemic ap- policies, these policies must be reflective of proach to keeping everyone safe and protecting community values and not lead to practices that the rights of all involved during police encounters. result in disparate impacts on various segments Members of the Division of Policing of the Ameri- of the community. They also need to be clearly can Society of Criminology recently wrote, “While articulated to the community and implemented the United States presently employs a broad transparently so police will have credibility with array of social and economic indicators in order residents and the people can have faith that their to gauge the overall ‘health’ of the nation, it has a guardians are always acting in their best interests. much more limited set of indicators concerning the behavior of the police and the quality of Paramount among the policies of law enforcement law enforcement.”31 organizations are those controlling use of force. Not only should there be policies for deadly and That body noted that Section 210402 of the nondeadly uses of force but a clearly stated “sanc- Violent Crime Control and Law Enforcement Act of tity of life” philosophy must also be in the forefront 1994 requires the U.S. Attorney General to “acquire of every officer’s mind. This way of thinking should data about the use of excessive force by law be accompanied by rigorous practical ongoing enforcement officers” and to “publish an annual 32 training in an atmosphere of nonjudgmental and summary of the data acquired under this section.” safe sharing of views with fellow officers about But the U.S. Department of Justice (DOJ) has never how they behaved in use of force situations. At been allocated the funds necessary to undertake one listening session, Geoffrey Alpert described the serious and sustained program of research and Officer-Created Jeopardy Training, in which officers development to fulfill this mandate. Expanded who had been in situations where mistakes were research and data collection are also necessary made or force was used came to explain their to knowing what works and what does not work, decision making to other officers. Some explained which policing practices are effective and which what they did right and how potentially violent 30. Listening Session on Policy and Oversight: Use of Force Research and Policies situations were resolved without violence. Other (oral testimony of Geoffrey Alpert, professor, University of South Carolina, for the officers told what they did wrong, why they made President’s Task Force on 21st Century Policing, Cincinnati, OH, January 30, 2015). 31. “Recommendations to the President’s Task Force on 21st Century Policing,” Listening Session on Training and Education (written testimony of Anthony Braga et al., Ad Hoc Committee to the President’s Task Force on 21st Century Policing, Division of Policing, American Society of Criminology, February 13–14, 2015). 32. Ibid.

1 9 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

ones have unintended consequences. Greater Angeles Police Department (LAPD) described the acceptance of the Federal Bureau of Investigation’s LAPD’s Community Safety Partnership, in which (FBI) National Incident-Based Reporting officers engage the community and build trust System could also benefit policing practice where it is needed most, in the public housing and research endeavors. projects in Watts. The department has assigned 45 officers to serve for five years at three housing proj- Mass demonstrations, for example, are occasions ects in Watts and at an additional housing project where evidence-based practices successfully ap- in East Los Angeles. Through a partnership with the plied can make the difference between a peaceful Advancement Project and the Housing Authority demonstration and a riot. Citizens have a consti- of the City of Los Angeles, the program involves tutional right to freedom of expression, including officers going into the housing developments with the right to peacefully demonstrate. There are the intent not to make arrests but to create part- strong examples of proactive and positive com- nerships, create relationships, hear the community, munication and engagement strategies that can and see what they need—and then work together protect constitutional rights of demonstrators and to make those things happen.34 The work in Watts 33 the safety of citizens and the police. has been documented in an Advancement Project report presented to the task force.35 2.1 recOmmendatiOn: Law enforcement agencies should collaborate with community 2.1.1 Action Item: The Federal members to develop policies and strategies Government should incentivize this collaboration in communities and neighborhoods through a variety of programs that focus on public disproportionately affected by crime for health, education, mental health, and other deploying resources that aim to reduce crime programs not traditionally part of the criminal by improving relationships, greater community justice system. engagement, and cooperation.

The development of a service model process that 2.2 recOmmendatiOn: Law enforcement focuses on the root causes of crime should include agencies should have comprehensive policies the community members themselves because on the use of force that include training, what works in one neighborhood might not be investigations, prosecutions, data collection, equally successful in every other one. Larger de- and information sharing. These policies must partments could commit resources and personnel be clear, concise, and openly available for to areas of high poverty, limited services, and at-risk public inspection. or vulnerable populations through creating priority units with specialized training and added status 2.2.1 Action Item: Law enforcement and pay. Chief Charlie Beck of the Los agency policies for training on use of force should emphasize de-escalation and alternatives to arrest 33. Listening Session on Policy and Oversight: Mass Demonstrations (oral or summons in situations where appropriate. testimony of Garry McCarthy, chief of police, Chicago Police Department, for the President’s Task Force on 21st Century Policing, Cincinnati, OH, January 31, 2015); 34. Listening Session on Policy and Oversight: Civilian Oversight (oral testimony Listening Session on Policy and Oversight: Mass Demonstrations (oral testimony of of Charlie Beck, chief, Los Angeles Police Department, for the President’s Task Force Rodney Monroe, chief of police, Charlotte-Mecklenberg [NC] Police Department, for on 21st Century Policing, Cincinnati, OH, January 30, 2015). the President’s Task Force on 21st Century Policing, Cincinnati, OH, January 30, 2015). 35. Rice and Lee, Relationship-Based Policing (see note 22).

2 0 P i l l a r 2 . P o l i c y & O v e r s i g h t

As Chuck Wexler noted in his testimony, a law enforcement agency that employs a law enforcement officer involved in the officer- In traditional police culture, officers are taught never involved death.”37 Furthermore, in order to es- to back down from a confrontation, but instead to tablish and maintain internal legitimacy and run toward the dangerous situation that everyone procedural justice, these investigations should else is running away from. However, sometimes the be performed by law enforcement agencies with best tactic for dealing with a minor confrontation adequate training, knowledge, and experience is to step back, call for assistance, de-escalate, and investigating police use of force. perhaps plan a different enforcement action that can be taken more safely later.36 2.2.3 Action Item: The task force encour- Policies should also include, at a minimum, annual ages policies that mandate the use of external and training that includes shoot/don’t shoot scenarios independent prosecutors in cases of police use of and the use of less than lethal technologies. force resulting in death, officer-involved shootings resulting in injury or death, or in-custody deaths.

2.2.2 Action Item: These policies should Strong systems and policies that encourage use also mandate external and independent criminal of an independent prosecutor for reviewing investigations in cases of police use of force result- police uses of force and for prosecution in cases of ing in death, officer-involved shootings resulting inappropriate deadly force and in-custody death in injury or death, or in-custody deaths. will demonstrate the transparency to the public One way this can be accomplished is by the that can lead to mutual trust between community creation of multi-agency force investigation task and law enforcement. forces comprising state and local investigators. Other ways to structure this investigative process 2.2.4 Action Item: Policies on use of force include referring to neighboring jurisdictions or to should also require agencies to collect, maintain, the next higher levels of government (many small- and report data to the Federal Government on er departments may already have state agencies all officer-involved shootings, whether fatal or handle investigations), but in order to restore and nonfatal, as well as any in-custody death. maintain trust, this independence is crucial. In-custody deaths are not only deaths in a prison In written testimony to the task force, James or jail but also deaths that occur in the process Palmer of the Wisconsin Professional Police Asso- of an arrest. The Bureau of Justice Statistics (BJS) ciation offered an example in that state’s statutes implemented the Arrest Related Deaths data requiring that agency written policies “require an collection in 2003 as part of requirements set forth investigation that is conducted by at least two in the Deaths in Custody Reporting Act of investigators . . . neither of whom is employed by

36. Listening Session on Policy and Oversight: Use of Force Investigations and 37. Listening Session on Policy and Oversight (written testimony of James Oversight (oral testimony of Chuck Wexler, executive director, Police Executive Palmer, executive director, Wisconsin Professional Police Association, for the Research Forum, for the President’s Task Force on 21st Century Policing, Cincinnati, President’s Task Force on 21st Century Policing, Cincinnati, OH, January 30–31, OH, January 30, 2015). 2015).

2 1 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

2000 and reenacted in 2014. Although states 2.3 recOmmendatiOn: Law receiving grants under the Edward Byrne Memorial enforcement agencies are encouraged to Justice Assistance Grant Program are required to implement nonpunitive peer review of provide this data to BJS, the Arrest Related Deaths critical incidents separate from criminal data collection is a voluntary reporting program and administrative investigations. for law enforcement agencies. Access to this data These reviews, sometimes known as “near miss” is important to gain a national picture of police use or “sentinel event” reviews, focus on the improve- of force as well as to incentivize the systematic and ment of practices and policy. Such reviews already transparent collection and analysis of use of force exist in medicine, aviation, and other industries. incident data at the local level. The agency- According to the National Institute of Justice (NIJ), reported data should include information on the a sentinel event in criminal justice would include circumstances of the use of force, as well as the wrongful convictions but also “near miss” acquit- race, gender, and age of the decedents. Agency tals and dismissals of cases that at earlier points data should be reported to the U.S. Department of seemed solid; cold cases that stayed cold too long; Justice through the FBI’s Uniform Crime Reporting wrongful releases of dangerous or factually guilty System or an expansion of collections managed criminals or of vulnerable arrestees with mental by the BJS. disabilities; and failures to prevent domestic violence within at-risk families. 2.2.5 Action Item: Policies on use of force should clearly state what types of information Sentinel events can include episodes that are will be released, when, and in what situation, to within policy but disastrous in terms of commu- maintain transparency. nity relations, whether or not everyone agrees that the event should be classified as an error. In This should also include procedures on the release fact, anything that stakeholders agree can cause of a summary statement regarding the circum- widespread or viral attention could be considered stances of the incident by the department as soon a sentinel event.38 as possible and within 24 hours. The intent of this directive should be to share as much information What distinguishes sentinel event reviews from as possible without compromising the integrity of other kinds of internal investigations of apparent the investigation or anyone’s rights. errors is that they are nonadversarial. As task force member Sean Smoot has written,

2.2.6 Action Item: Law enforcement agen- For sentinel event reviews to be effective and cies should establish a Serious Incident Review practical, they must be cooperative efforts that Board comprising sworn staff and community afford the types of protections provided in the members to review cases involving officer- medical context, where state and federal laws involved shootings and other serious incidents protect the privacy of participants and prevent the that have the potential to damage community disclosure of information to anyone outside of the trust or confidence in the agency. The purpose of sentinel event review . . . . Unless the sentinel event this board should be to identify any administra- tive, supervisory, training, tactical, or policy issues 38. James M. Doyle, “Learning from Error in the Criminal Justice System: Sentinel that need to be addressed. Event Reviews,” Mending Justice: Sentinel Event Reviews (Special Report from the National Institute of Justice, September 2014): 3–20.

2 2 P i l l a r 2 . P o l i c y & O v e r s i g h t

Barbara O’Connor, President of the National Association of Women Law Enforcement Executives, speaks during a panel on diversity in law enforcement, Cincinnati, January 30, 2015. PHOTO: DEBORAH SPENCE

process is honest and trustworthy, with adequate A recent study by the National Academy of legal protections—including use immunity, Sciences, Identifying the Culprit: Assessing Eyewitness privacy, confidentiality, and nondisclosure, for Identification, studied the important role played example—police officers, who have the very best by eyewitnesses in criminal cases, noting that information about how things really work and what research on factors affecting the accuracy of really happened, will not be motivated to fully eyewitness identification procedures has given an participate. The sentinel event review approach will increasingly clear picture of how identifications are have a better chance of success if departments can made and, more important, an improved under- abandon the process of adversarial/punitive-based standing of the limits on vision and memory that discipline, adopting instead “education-based” can lead to failure of identification.40 Many factors, disciplinary procedures and policies.39 including external conditions and the witness’s emotional state and biases, influence what a witness sees or thinks she sees. Memories can 2.4 Recommendation: Law enforcement be forgotten, reconstructed, updated, and agencies are encouraged to adopt distorted. Meanwhile, policies governing law identification procedures that implement enforcement procedures for conducting and scientifically supported practices that recording identifications are not standard, and eliminate or minimize presenter bias policies and practices to address the issue of or influence. misidentification vary widely.

40. Samuel R. Gross et al., “Rate of False Conviction of Criminal Defendants who 39. Sean Smoot “Punishment-Based vs. Education-Based Discipline: A are Sentenced to Death,” Proceedings of the National Academy of Sciences of the Surmountable Challenge?” in Mending Justice: Sentinel Event Reviews (Special United States of America 111, no. 20 (2014): 7230–7235. http://www.pnas.org/ Report from the National Institute of Justice, September 2014): 48–50. content/111/20/7230.full.pdf+html.

2 3 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

2.5 recOmmendatiOn: All federal, state, 2.5.1 Action Item: The Bureau of Justice local, and tribal law enforcement agencies Statistics should add additional demographic should report and make available to the questions to the Law Enforcement Management public census data regarding the composition and Administrative Statistics (LEMAS) survey in of their departments including race, gender, order to meet the intent of this recommendation. age, and other relevant demographic data.

While the BJS collects information on many 2.6 recOmmendatiOn: Law enforcement aspects of police activities, there is no single data agencies should be encouraged to collect, collection instrument that yields the information maintain, and analyze demographic data requested in this recommendation. Demographic on all detentions (stops, frisks, searches, data should be collected and made available to summons, and arrests). This data should be the public so communities can assess the diver- disaggregated by school and non-school sity of their departments and do so in a national contacts. context. This data will also be important to better The BJS periodically conducts the Police-Public understand the impact of diversity on the func- Contact Survey, a supplement to the National tioning of departments. Malik Aziz, National Chair Crime Victimization Survey. The most recent of the National Black Police Association (NBPA), survey, released in 2013, asked a nationally reminded the task force that the NBPA not only representative sample of U.S. residents age 16 urges all departments to meet the demographics or older about experiences with police during of the community in which they serve by main- the prior 12 months.42 But these surveys do not taining a plan of action to recruit and retain police reflect what is happening every day at the local officers of color but also has called for the DOJ to level when police interact with members of the collect the annual demographic statistics from communities they serve. More research and tools the 18,000 police agencies across the nation. “It is along the lines of Lorie Fridell’s 2004 publication, not enough to mandate diversity,” he stated, “but By the Numbers: A Guide for Analyzing Race Data it becomes necessary to diversify command ranks From Vehicle Stops—to help local agencies collect in departments that have historically failed to de- and analyze their data, understand the importance velop and/or promote qualified and credentialed of context to the analysis and reporting process, officers to executive and command ranks.”41 and establish benchmarks resulting from their findings—would improve understanding and lead to evidence-based policies.

42. Lynn Langton and Matthew Durose, Police Behavior during Traffic and Street 41. Listening Session on Policy and Oversight: Law Enforcement Culture and Stops, 2011, Special Report (Washington, DC: Office of Justice Programs Bureau of Diversity (oral testimony of Malik Aziz, chairman, National Black Police Association, Justice Statistics, 2013), NCJ 242937; Matthew Durose and Lynn Langton, Requests for the President’s Task Force on 21st Century Policing, Cincinnati, OH, January 30, for Police Assistance, 2011, Special Report (Washington, DC: Office of Justice 2015). Programs Bureau of Justice Statistics, 2013), NCJ 242938.

2 4 P i l l a r 2 . P o l i c y & O v e r s i g h t

2.6.1 Action Item: The Federal Gov- 2.7.1 Action Item: Law enforcement agen- ernment could further incentivize universities cy policies should address procedures and other organizations to partner with police for implementing a layered response to mass departments to collect data and develop knowl- demonstrations that prioritize de-escalation edge about analysis and benchmarks as well as and a guardian mindset. to develop tools and templates that help depart- ments manage data collection and analysis. These policies could include plans to minimize confrontation by using “soft look” uniforms, having officers remove riot gear as soon as practical, 2.7 recOmmendatiOn: Law enforcement and maintaining open postures. “When officers agencies should create policies and line up in a military formation while wearing full procedures for policing mass demonstrations protective gear, their visual appearance may have that employ a continuum of managed tactical a dramatic influence on how the crowd perceives resources that are designed to minimize the them and how the event ends.”44 appearance of a military operation and avoid using provocative tactics and equipment that 2.7.2 Action Item: The Federal Govern- undermine civilian trust. ment should create a mechanism for investigating Policies should emphasize protection of the First complaints and issuing sanctions regarding the Amendment rights of demonstrators and effective inappropriate use of equipment and tactics during ways of communicating with them. Superin- mass demonstrations. tendent Garry McCarthy of the Chicago Police There has been substantial media attention in Department detailed his police force training and recent months surrounding the police use of operations in advance of the 2012 NATO Summit military equipment at events where members of at the height of the “Occupy” movement. The the public are exercising their First Amendment department was determined not to turn what it rights. This has led to the creation of the Presi- knew would be a mass demonstration into a riot. dent’s Interagency Law Enforcement Equipment Police officers refreshed “perishable” skills, such Working Group. as engaging in respectful conversations with demonstrators, avoiding confrontation, and using That group has been tasked by the Executive “extraction techniques” not only on the minority Order 13688 of January 16, 2015 with a number of of demonstrators who were behaving unlawfully issues, including ensuring that law enforcement (throwing rocks, etc.) but also on officers who agencies adopt organizational and operational were becoming visibly upset and at risk of losing practices and standards that prevent the misuse 43 their composure and professional demeanor. or abuse of controlled equipment and ensuring compliance with civil rights requirements resulting from receipt of federal financial assistance.

43. Listening Session on Policy and Oversight (oral testimony of Garry McCarthy, 44. Listening Session on Policy and Oversight (written testimony of Edward Chicago Police Department, to the President’s Task Force on 21st Century Policing, Maguire, American University, for the President’s Task Force on 21st Century Cincinnati, OH, January 30, 2015). Policing, Cincinnati, OH, January 30, 2015).

2 5 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

2.8 recOmmendatiOn: Some form 2.8.1 Action Item: The U.S. Department of of civilian oversight of law enforcement is Justice, through its research arm, the National In- important in order to strengthen trust with stitute of Justice (NIJ), should expand its research the community. Every community should agenda to include civilian oversight. define the appropriate form and structure of civilian oversight to meet the needs of NIJ recently announced its research priorities in that community. policing for FY 2015, which include such topics as police use of force, body-worn cameras, and proce- Many, but not all, state and local agencies operate dural justice. While proposals related to research on with the oversight or input of civilian police boards police oversight might fit into several of these top- or commissions. Part of the process of assessing ical areas, police oversight is not highlighted by NIJ the need and desire for new or additional civilian in any of them. NIJ should specifically invite research oversight should include input from and collabora- into civilian oversight and its impact on and relation- tion with police employees because the people to ship to policing in one or more of these areas. be overseen should be part of the process that will oversee them. This guarantees that the principles 2.8.2 Action Item: The U.S. Department of of internal procedural justice are in place to benefit Justice’s Office of Community Oriented Policing both the police and the community they serve. Services (COPS Office) should provide technical We must examine civilian oversight in the com- assistance and collect best practices from existing munities where it operates and determine which civilian oversight efforts and be prepared to help models are successful in promoting police and cities create this structure, potentially with some community understanding. There are important ar- matching grants and funding. guments for having civilian oversight even though we lack strong research evidence that it works. 2.9 recOmmendatiOn: Law enforcement Therefore we urge action on further research, agencies and municipalities should refrain based on the guiding principle of procedural jus- from practices requiring officers to issue a tice, to find evidence-based practices to implement predetermined number of tickets, citations, successful civilian oversight mechanisms. arrests, or summonses, or to initiate investigative contacts with citizens for reasons As noted by witness Brian Buchner at the Policy not directly related to improving public safety, and Oversight Listening Session on January 30, such as generating revenue.

Citizen review is not an advocate for the community Productivity expectations can be effective or for the police. This impartiality allows oversight to performance management tools. But testimony bring stakeholders together to work collaboratively from Laura Murphy, Director of the Washington and proactively to help make policing more effective Legislative Office of the American Civil Liberties and responsive to the community. Civilian oversight Union, identifies some of the negative effects alone is not sufficient to gain legitimacy; without of these practices: it, however, it is difficult, if not impossible, for the police to maintain the public’s trust.45 One only needs to paint a quick picture of the state 45. Listening Session on Policy and Oversight (oral testimony of Brian Buchner, of policing to understand the dire need for reform. president, National Association for Civilian Oversight of Law Enforcement, for the First, there are local and federal incentives that President’s Task Force on 21st Century Policing, Cincinnati, OH, January 30, 2015).

2 6 P i l l a r 2 . P o l i c y & O v e r s i g h t

Co-chair Laurie Robinson asks a panelist a question, Phoenix, February 13, 2015. PHOTO: DEBORAH SPENCE­­

instigate arrests. At the local level, cities across the 2.11 recOmmendatiOn: Law country generate much of their revenue through enforcement agencies should adopt policies court fines and fees, with those who can’t pay requiring officers to identify themselves subject to arrest and jail time. These debtors’ prisons by their full name, rank, and command (as are found in cities like Ferguson, where the number applicable) and provide that information in of arrest warrants in 2013—33,000—exceeded its writing to individuals they have stopped. In population of 21,000. Most of the warrants were for addition, policies should require officers to driving violations.46 state the reason for the stop and the reason for the search if one is conducted.

2.10 recOmmendatiOn: Law 2.11.1 Action Item: One example of how enforcement officers should be required to do this is for law enforcement officers to carry to seek consent before a search and explain business cards containing their name, rank, com- that a person has the right to refuse consent mand, and contact information that would enable when there is no warrant or probable individuals to offer suggestions or commenda- cause. Furthermore, officers should ideally tions or to file complaints with the appropriate obtain written acknowledgement that individual, office, or board. These cards would be they have sought consent to a search easily distributed in all encounters. in these circumstances.

46. Listening Session on Trust and Legitimacy (oral testimony of Laura Murphy, ecommendation Law director of the Washington Legislative Office, American Civil Liberties Union, for 2.12 R : the President’s Task Force on 21st Century Policing, Washington, DC, January 13, enforcement agencies should establish search 2015); Joseph Shapiro, “In Ferguson, Court Fines and Fees Fuel Anger,” NPR.com, and seizure procedures related to LGBTQ and last updated August 25, 2014, http://www.npr.org/2014/08/25/343143937/ in-ferguson-court-fines-and-fees-fuel-anger; In For A Penny: The Rise of transgender populations and adopt as policy America’s Debtors’ Prisons (New York: American Civil Liberties Union, 2010), the recommendation from the President’s http://www.aclu.org/files/assets/InForAPenny_web.pdf.

2 7 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Advisory Council on HIV/AIDS (PACHA) to through investigative reports, Freedom of Information cease using the possession of condoms as the Act (FOIA) requests, and lawsuits that agencies target sole evidence of vice. communities by religion and national origin.48

2.13 recOmmendatiOn: Law 2.13.1 Action Item: The Bureau of Justice enforcement agencies should adopt and Statistics should add questions concerning enforce policies prohibiting profiling and sexual harassment of and misconduct toward discrimination based on race, ethnicity, community members, and in particular LGBTQ national origin, religion, age, gender, gender and gender-nonconforming people, by law identity/expression, sexual orientation, enforcement officers to the Police Public immigration status, disability, housing status, Contact Survey. occupation, or language fluency. 2.13.2 Action Item: The Centers for The task force heard from a number of witnesses Disease Control should add questions concerning about the importance of protecting the safety and sexual harassment of and misconduct toward dignity of all people. Andrea Ritchie noted that community members, and in particular LGBTQ and gender-nonconforming people, by law enforce- gender and sexuality-specific forms of racial profiling ment officers to the National Intimate Partner and and discriminatory policing [include] . . . . Failure to Sexual Violence Survey. respect individuals’ gender identity and expression when addressing members of the public and 2.13.3 Action Item: The U.S. Department during arrest processing, searches, and placement of Justice should promote and disseminate in police custody.47 guidance to federal, state, and local law enforce- Invasive searches should never be used for the ment agencies on documenting, preventing, and sole purpose of determining gender identity, and addressing sexual harassment and misconduct by an individual’s gender identity should be respect- local law enforcement agents, consistent with the ed in lock-ups and holding cells to the extent that recommendations of the International Association the facility allows for gender segregation. And of Chiefs of Police.49 witness Linda Sarsour spoke to how 2.14 recOmmendatiOn: The U.S. an issue plaguing and deeply impacting Arab- Department of Justice, through the Office of American and American Muslim communities across Community Oriented Policing Services and the country is racial and religious profiling by local, Office of Justice Programs, should provide state, and federal law enforcement. We have learned technical assistance and incentive funding to jurisdictions with small police agencies that take steps towards shared services, regional training, and consolidation.

48. Listening Session on Training and Education (oral testimony of Linda Sarsour, Advocacy And Civic Engagement coordinator for the National Network for Arab American Communities, for the President’s Task Force on 21st Century Policing, 47. Listening Session on Training and Education (oral testimony of Andrea Ritchie, Phoenix, AZ, February 14, 2015). founder of Streetwise and Safe, for the President’s Task Force on 21st Century 49. IACP, Addressing Sexual Offenses and Misconduct by Law Enforcement: Policing, Phoenix, AZ, February 14, 2015). Executive Guide (Alexandria, VA: International Association of Chiefs of Police, 2011).

2 8 P i l l a r 2 . P o l i c y & O v e r s i g h t

Half of all law enforcement agencies in the United 2.15 recOmmendatiOn: The U.S. States have fewer than ten officers, and nearly Department of Justice, through the Office of three-quarters have fewer than 25 officers.50 Law- Community Oriented Policing Services, should rence Sherman noted in his testimony that “so many partner with the International Association problems of organizational quality control are made of Directors of Law Enforcement Standards worse by the tiny size of most local police agencies and Training (IADLEST) to expand its National . . . less than 1 percent of 17,985 U.S. police agencies Decertification Index to serve as the National meet the English minimum of 1,000 employees or Register of Decertified Officers with the goal more.”51 These small forces often lack the resources of covering all agencies within the United for training and equipment accessible to larger States and its territories. departments and often are prevented by municipal The National Decertification Index is an aggrega- boundaries and local custom from combining tion of information that allows hiring agencies to forces with neighboring agencies. Funding and identify officers who have had their license or cer- technical assistance can give smaller agencies the tification revoked for misconduct. It was designed incentive to share policies and practices and give as an answer to the problem “wherein a police them access to a wider variety of training, equip- officer is discharged for improper conduct and ment, and communications technology than they loses his/her certification in that state . . . [only to could acquire on their own. relocate] to another state and hire on with another police department.”52 Peace Officer Standards and

Table 1. Full-time state and local law enforcement employees, by size of agency, 2008

Size of agency Number of agencies Total number of full-time employees All agencies 17,985 1,133,915 1,000 or more officers 83 326,197 500–999 89 94,168 250–499 237 133,024 100–249 778 174,505 500–99 1,300 136,390 25–49 2,402 124,492 10–24 4,300 98,563 5–9 3,446 32,493 2–4 3,225 11,498 0–1 2,125 2,585

Source: Brian A. Reaves, “State and Local Law Enforcement Agencies” (see note 50).

50. Brian A. Reaves, Census of State and Local Law Enforcement Agencies, 2008, Bulletin (Washington, DC: Office of Justice Programs Bureau of Justice Statistics, 2011), NCJ 233982. 51. Listening Session on the Future of Community Policing (oral testimony of Lawrence Sherman, Cambridge University, for the President’s Task Force on 21st 52. “National Decertification Index—FAQs,” accessed February 27, 2015, Century Policing, Washington, DC, February 24, 2015). https://www.iadlest.org/Portals/0/Files/NDI/FAQ/ndi_faq.html.

2 9 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Bill Schrier of the Office of the Chief Information Officer for the state of Washington used PowerPoint to demonstrate how agencies can use Twitter for engagement, Cincinnati, January 31, 2015. PHOTO: DEBORAH SPENCE

Training (POST) boards can record administrative have lost their certification for misconduct are not actions taken against certified police and correc- easily hired in other jurisdictions. A national regis- tional officers. Currently the criteria for reporting ter would effectively treat “police professionals the an action on an officer is determined by each way states’ licensing laws treat other professionals. POST independently, as is the granting of read- If anything, the need for such a system is even only access to hiring departments to use as part more important for law enforcement, as officers of their pre-hire screening process. Expanding this have the power to make arrests, perform searches, system to ensure national and standardized re- and use deadly force.”53 porting would assist in ensuring that officers who

53. Roger L. Goldman, “Police Officer Decertification: Promoting Police Professionalism through State Licensing and the National Decertification Index,” Police Chief 81 (November 2014): 40–42, http://www.policechiefmagazine. org/magazine/index.cfm?fuseaction=display_arch&article_id=3538&issue_ id=112014.

3 0 PILLAR 3 . TECHNOLOGY & SOCIAL MEDIA Implementing new technologies can give police departments an opportunity to fully engage and educate communities in a dialogue about their expectations for transparency, accountability, and privacy.

We live in a time when technology and its many knowledge, and practical experiences can help uses are advancing far more quickly than are agencies reach their goals,54 but law enforcement policies and laws. “Technology” available to law agencies and personnel also need to recognize that enforcement today includes everything from technology is only a tool for doing their jobs: just body-worn cameras (BWC) to unmanned aircraft to because you have access to technology does not social media and a myriad of products in between. necessarily mean you should always use it.55

The use of technology can improve policing prac- BWCs are a case in point. An increasing number of tices and build community trust and legitimacy, law enforcement agencies are adopting BWC pro- but its implementation must be built on a defined grams as a means to improve evidence collection, policy framework with its purposes and goals to strengthen officer performance and account- clearly delineated. Implementing new technologies ability, and to enhance agency transparency. By can give police departments an opportunity to fully documenting encounters between police and the engage and educate communities in a dialogue public, BWCs can also be used to investigate and about their expectations for transparency, account- resolve complaints about officer-involved incidents. ability, and privacy. But technology changes quickly in terms of new hardware, software, and other Jim Bueermann, retired chief of the Redlands options. Law enforcement agencies and leaders (California) Police Department and President of need to be able to identify, assess, and evaluate the Police Foundation, told the task force about new technology for adoption and do so in ways a seminal piece of research that demonstrated a that improve their effectiveness, efficiency, and positive impact of BWCs in policing. The research- evolution without infringing on individual rights. ers used the gold standard of research models, a randomized control trial, in which the people Thus, despite (and because of) the centrality of technology in policing, law enforcement agencies 54. Elizabeth Groff and Tom McEwen, Identifying and Measuring the Effects face major challenges including determining the of Information Technologies on Law Enforcement Agencies: The Making Officer Redeployment Effective Program (Washington, DC: Office of Community Oriented effects of implementing various technologies; Policing Services, 2008), http://www.cops.usdoj.gov/Publications/e08084156-IT.pdf; identifying costs and benefits; examining unintend- Christopher S. Koper, Cynthia Lum, James J. Willis, Daniel J. Woods, and Julie Hibdon, Realizing the Potential of Technology in Policing: A Multi-Site Study of the ed consequences; and exploring the best practices Social, Organizational, and Behavioral Aspects of Implementing Police Technologies by which technology can be evaluated, acquired, (Washington, DC: National Institute of Justice, 2015), http://cebcp.org/wp- maintained, and managed. Addressing these tech- content/evidence-based-policing/ImpactTechnologyFinalReport. 55. IACP Technology Policy Framework (Alexandria, VA: International Association nology challenges by using research, accumulated of Chiefs of Police, 2014), http://www.theiacp.org/Portals/0/documents/pdfs/ IACP%20Technology%20Policy%20Framework%20January%202014%20Final.pdf.

3 1 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

being studied are randomly assigned either to perception of the police, and expectations about a control group that does not receive the treat- how police agencies should share information with ment being studied or to a treatment group that the public.57 does. The results of this 12-month study strongly Now that agencies operate in a world in which suggest that the use of BWCs by the police can anyone with a cell phone camera can record significantly reduce both officer use of force and video footage of a police encounter, BWCs help complaints against officers. The study found that police departments ensure that events are also the officers wearing the cameras had 87.5 percent captured from an officer’s perspective.58 But when fewer incidents of use of force and 59 percent the public does not believe its privacy is being fewer complaints than the officers not wearing protected by law enforcement, a breakdown in the cameras. One of the important findings of the community trust can occur. Agencies need to study was the impact BWCs might have on the consider ways to involve the public in discussions self-awareness of officers and citizens alike. related to the protection of their privacy and civil When police officers are acutely aware that their liberties prior to implementing new technology, behavior is being monitored (because they turn as well work with the public and other partners in on the cameras) and when officers tell citizens the justice system to develop appropriate policies that the cameras are recording their behavior, and procedures for use. everyone behaves better. The results of this study strongly suggest that this increase in self- Another technology relatively new to law awareness contributes to more positive outcomes enforcement is social media. Social media is a 56 in police-citizen interaction. communication tool the police can use to engage the community on issues of importance to both But other considerations make the issue of BWCs and to gauge community sentiment regarding more complex. A 2014 Police Executive Research agency policies and practices. Social media can Forum (PERF) publication, funded by the Office of also help police identify the potential nature and Community Oriented Policing Services (COPS Of- location of gang and other criminal or disorderly fice), reporting on extensive research exploring the activity such as spontaneous crowd gatherings.59 policy and implementation questions surrounding BWCs noted: The Boston Police Department (BPD), for example, has long embraced both community policing and Although body-worn cameras can offer many the use of social media. The department put its benefits, they also raise serious questions about how experience to good and highly visible use in April technology is changing the relationship between 2013 during the rapidly developing investigation police and the community. Body-worn cameras that followed the deadly explosion of two bombs not only create concerns about the public’s privacy at the finish line of the Boston Marathon. The rights but also can affect how officers relate

to people in the community, the community’s 57. Lindsay Miller and Jessica Toliver, Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned (Washington, DC: Office 56. Listening Session on Technology and Social Media: Body Cameras-Research of Community Oriented Policing Services, 2014), vii, http://ric-zai-inc.com/ and Legal Considerations (oral testimony of Jim Bueermann, president, Police Publications/cops-p296-pub.pdf. Foundation, for the President’s Task Force on 21st Century Policing, Cincinnati, OH, 58. Ibid., 1. January 31, 2015); Ariel Barak, William A. Farrar, and Alex Sutherland, “The Effect 59. Police Executive Research Forum, Social Media and Tactical Considerations for of Police Body-Worn Cameras on Use of Force and Citizens’ Complaints Against the Law Enforcement (Washington, DC: Office of Community Oriented Policing Services, Police: A Randomized Controlled Trial,” Journal of Quantitative Criminology 2014. 2013), http://ric-zai-inc.com/Publications/cops-p261-pub.pdf.

3 2 P i l l a r 3 . T e c h n o l o g y & S o c i a l M e d i a

BPD successfully used Twitter to keep the public technology to enable their systems to operate with informed about the status of the investigation, to different systems and sometimes must also make calm nerves and request assistance, to correct mis- expensive modifications or additions to legacy taken information reported by the press, and to systems to support interoperability with newer ask for public restraint in the tweeting of informa- technology. And these costs do not include the tion from police scanners. This demonstrated the additional funds needed for training. Agencies are level of trust and interaction that a department often unprepared for the unintended consequenc- and a community can attain online.60 es that may accompany the acquisition of new technologies. Implementation of new technologies While technology is crucial to law enforcement, can cause disruptions to daily routines, lack of it is never a panacea. Its acquisition and use can buy-in, and lack of understanding of the purpose have unintended consequences for both the and appropriate uses of the technologies. It also organization and the community it serves, which often raises questions regarding how the new may limit its potential. Thus, agencies need clearly technologies will impact the officer’s expectations, defined policies related to implementation of discretion, decision making, and accountability.61 technology, and must pay close attention to community concerns about its use. Inconsistent or nonexistent standards also lead to isolated and fractured information systems that cannot effectively manage, store, analyze, or 3.1 recOmmendatiOn: The U.S. share their data with other systems. As a result, Department of Justice, in consultation with much information is lost or unavailable—which the law enforcement field, should broaden the allows vital information to go unused and have efforts of the National Institute of Justice to no impact on crime reduction efforts. As one establish national standards for the research witness noted, the development of mature crime and development of new technology. These analysis and CompStat processes allows law standards should also address compatibility enforcement to effectively develop policy and and interoperability needs both within law deploy resources for crime prevention, but there is enforcement agencies and across agencies a lack of uniformity in data collection throughout and jurisdictions and maintain civil and human law enforcement, and only patchwork methods rights protections. of near real-time information sharing exist.62 These The lack of consistent standards leads to a con- problems are especially critical in light of the stantly spiraling increase in technology costs. Law threats from terrorism and cybercrime. enforcement often has to invest in new layers of

60. Edward F. Davis III, Alejandro A. Alves, and David Alan Sklansky, “Social Media and Police Leadership: Lessons from Boston,” New Perspectives 61. Koper et al., Potential of Technology in Policing (see note 54). in Policing (Washington, DC: National Institute of Justice, March 2014), 62. Listening Session on Technology and Social Media (oral testimony of Elliot http://www.hks.harvard.edu/content/download/67536/1242954/version/1/file/ Cohen, Maryland State Police, for the President’s Task Force on 21st Century SocialMediaandPoliceLeadership-03-14.pdf. Policing, Cincinnati, OH, January 31, 2015).

3 3 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

All of the task force listening sessions were streamed live and can still be viewed at the task force website. PHOTO: DEBORAH SPENCE

3.1.1 actiOn item: The Federal Gov- access to data obtained from cell phones, social ernment should support the development and media, GPS, and other sources, allowing officers to delivery of training to help law enforcement detect, prevent, or respond to crime. agencies learn, acquire, and implement technol- ogy tools and tactics that are consistent with the 3.1.3 actiOn item: Law enforcement best practices of 21st century policing. agencies should deploy smart technology that is designed to prevent the tampering with or manip- 3.1.2 actiOn item: As part of national stan- ulating of evidence in violation of policy. dards, the issue of technology’s impact on privacy concerns should be addressed in accordance with 3.2 Recommendation: The protections provided by constitutional law. implementation of appropriate technology by Though all constitutional guidelines must be law enforcement agencies should be designed maintained in the performance of law enforce- considering local needs and aligned with ment duties, the legal framework (warrants, etc.) national standards. should continue to protect law enforcement

3 4 P i l l a r 3 . T e c h n o l o g y & S o c i a l M e d i a

While standards should be created for develop- 3.2.2 Action Item: Law enforcement agen- ment and research of technology at the national cies should include an evaluation or assessment level, implementation of developed technologies process to gauge the effectiveness of any new should remain a local decision to address the technology, soliciting input from all levels of the needs and resources of the community. agency, from line officer to leadership, as well as assessment from members of the community.63 In addition to the expense of acquiring technology, implementation and training also requires funds, Witnesses suggested that law enforcement as well as time, personnel, and physical capacity. agencies create an advisory group when adopting A case in point is the Phoenix Police Department’s a new technology.64 Ideally, it would include line adoption of BWCs mentioned by witness Michael officers, union representatives, and members from White, who said that the real costs came on the other departmental units, such as research and back end for managing the vast amount of data planning, technology, and internal affairs. External generated by the cameras. He quoted the Chief stakeholders, such as representatives from the of the Phoenix Police Department as saying that prosecutor’s office, the defense bar, advocacy it would cost their department $3.5 million to not groups, and citizens should also be included, giv- only outfit all of their officers with the cameras but ing each group the opportunity to ask questions, also successfully manage the program. express their concerns, and offer suggestions on policy and training. 3.2.1 Action Item: Law enforcement agen- cies should encourage public engagement and 3.2.3 Action Item: Law enforcement collaboration, including the use of community agencies should adopt the use of new technolo- advisory bodies, when developing a policy for the gies that will help them better serve people with use of a new technology. special needs or disabilities.

Local residents will be more accepting of and respond more positively to technology when they 3.3 Recommendation: The U.S. have been informed of new developments and Department of Justice should develop their input has been encouraged. How police use best practices that can be adopted by state technology and how they share that information legislative bodies to govern the acquisition, with the public is critical. Task force witness Jim use, retention, and dissemination of Bueermann, president of the Police Foundation, auditory, visual, and biometric data by addressed this issue, noting that concerns about law enforcement. BWCs include potential compromises to the priva- cy of both officers and citizens, who are reluctant to speak to police if they think they are being recorded. And as the task force co-chair, Charles 63. Sharon Stolting, Shawn Barrett, and David Kurz, Best Practices Guide for Ramsey, noted, “Just having the conversation can Acquisition of New Technology (Alexandria, VA: International Association of Chiefs of increase trust and legitimacy and help depart- Police, n.d.), http://www.theiacp.org/portals/0/pdfs/BP-NewTechnology.pdf. 64. Listening Session on Technology and Social Media: Body Cameras—Research ments make better decisions.” and Legal Considerations (oral testimony of Michael White, professor, Arizona State University, for the President’s Task Force on 21st Century Policing, Cincinnati, OH, January 31, 2015).

3 5 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

These model policies and practices should at 3.4 recOmmendatiOn: Federal, state, minimum address technology usage and data local, and tribal legislative bodies should be and evidence acquisition and retention, as well as encouraged to update public record laws. privacy issues, accountability and discipline. They The quickly evolving nature of new technologies must also consider the impact of data collection that collect video, audio, information, and biomet- and use on public trust and police legitimacy. ric data on members of the community can cause unforeseen consequences. Public record laws, 3.3.1 Action Item: As part of the process which allow public access to information held by for developing best practices, the U.S. Department government agencies, including law enforcement, of Justice should consult with civil rights and civil should be modified to protect the privacy of liberties organizations, as well as law enforcement the individuals whose records they hold and to research groups and other experts, concerning maintain the trust of the community. the constitutional issues that can arise as a result of the use of new technologies. Issues such as the accessibility of video captured through dashboard or body-worn cameras are

3.3.2 Action Item: The U.S. Department especially complex. So too are the officer use of of Justice should create toolkits for the most force events that will be captured by video camera effective and constitutional use of multiple systems and then broadcast by local media outlets. forms of innovative technology that will provide Use of force, even when lawful and appropriate, state, local, and tribal law enforcement agencies can negatively influence public perception and with a one-stop clearinghouse of information trust of police. Sean Smoot, task force member, ad- and resources. dressed this by recalling the shooting of a Flagstaff, Arizona, police officer whose death was recorded by his BWC. Responding to public record requests 3.3.3 Action Item: Law enforcement by local media, the police department released agencies should review and consider the Bureau the graphic footage, which was then shown on of Justice Assistance’s (BJA) Body Worn Camera local TV and also on YouTube.65 This illustration also Toolkit to assist in implementing BWCs. raises questions concerning the recording of police A Body-Worn Camera Expert Panel of law enforce- interactions with minors and the appropriateness ment leaders, recognized practitioners, national of releasing those videos for public view given their policy leaders, and community advocates con- inability to give informed consent for distribution. vened a two-day workshop in February, 2015 to develop a toolkit and provide guidance and model 3.5 Recommendation: Law enforcement policy for law enforcement agencies implementing agencies should adopt model policies BWC programs. Subject matter experts contributed and best practices for technology-based ideas and content for the proposed toolkit while a community engagement that increases panel composed of privacy and victim advocates community trust and access. contributed ideas and content for the toolkit to broaden input and ensure transparency. 65. Listening Session on Technology and Social Media (Sean Smoot, task force member, for the President’s Task Force on 21st Century Policing, Cincinnati, OH, January 31, 2015).

3 6 P i l l a r 3 . T e c h n o l o g y & S o c i a l M e d i a

Table 2. What types of social media does your agency currently use, and what types of social media do you plan to begin using within the next 2 to 5 years?

Social media type Percent of responding agencies Percent of responding agencies plan- currently using ning to begin using in 2 to 5 years Agency website 100 — Facebook 82 14 Twitter 69 18 YouTube 48 20 LinkedIn 34 20

Note: PERF, with the support of the COPS Office and Target Corporation, disseminated a “Future of Policing” survey in 2012 to more than 500 police agencies; nearly 200 responded. Source: Police Executive Research Forum, Future Trends in Policing (Washington, DC: Office of Community Oriented Policing Services, 2014), http://ric-zai-inc.com/Publications/cops-p282-pub.pdf.

These policies and practices should at a minimum not just public information.”67 False or incorrect increase transparency and accessibility, provide statements made via social media, mainstream access to information (crime statistics, current media, and other means of technology deeply calls for service), allow for public posting of policy harm trust and legitimacy and can only be over- and procedures, and enable access and usage for come with targeted and continuing community persons with disabilities. They should also address engagement and repeated positive interaction. issues surrounding the use of new and social Agencies need to unequivocally discourage falsi- media, encouraging the use of social media as a ties by underlining how harmful they are and how means of community interaction and relationship difficult they are to overcome. building, which can result in stronger law enforce- ment. As witness Elliot Cohen noted, Agencies should also develop policies and prac- tices on social media use that consider individual We have seen social media support policing efforts officer expression, professional representation, in gathering intelligence during active assailant truthful communication, and other concerns that incidents: the Columbia Mall shooting and the can impact trust and legitimacy. Boston Marathon bombing. Social media allowed for a greater volume of information to be collected in an 3.6 Recommendation: The Federal electronic format, both audibly and visually.66 Government should support the development But to engage the community, social media must of new “less than lethal” technology to help be responsive and current. Said Bill Schrier, “Regu- control combative suspects. larly refresh the content to maintain and engage The fatal shootings in Ferguson, Cleveland, and the audience, post content rapidly during inci- elsewhere have put the consequences of use of dents to dispel rumors, and use it for engagement, force front and center in the national news.

67. Listening Session on Technology and Social Media: Technology Policy (oral 66. Listening Session on Technology and Social Media: Technology Policy (oral testimony of Bill Schrier, senior policy advisor, Office of the Chief Information testimony of Elliot Cohen, lieutenant, Maryland State Police, for the President’s Task Officer, State of Washington, for the President’s Task Force on 21st Century Policing, Force on 21st Century Policing, Cincinnati, OH, January 31, 2015). Cincinnati, OH, January 31, 2015).

3 7 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Rev. Jeff Brown speaks on restoring trust between police and communities, Phoenix, February 13, 2015. PHOTO: DEBORAH SPENCE

Policies and procedures must change, but so subject to the appropriate use of force continuum should the weaponry. New technologies such as restrictions. And Vincent Talucci made the point in conductive energy devices (CED) have been devel- his testimony that over-reliance on technological oped and may be used and evaluated to decrease weapons can also be dangerous.69 the number of fatal police interventions. Studies of CEDs have shown them to be effective at reducing 3.6.1 Action Item: Relevant federal agen- both officer and civilian injuries. For example, in cies, including the U.S. Departments of Defense one study that compared seven law enforcement and Justice, should expand their efforts to study agencies that use CEDs with six agencies that do the development and use of new less than lethal not, researchers found a 70 percent decrease in technologies and evaluate their impact on public officer injuries and a 40 percent decrease in sus- safety, reducing lethal violence against citizens, 68 pect injures. But new technologies should still be constitutionality, and officer safety. 68. Bruce Taylor et al., Comparing Safety Outcomes in Police Use-Of-Force Cases for Law Enforcement Agencies That Have Deployed Conducted Energy Devices and A Matched Comparison Group That Have Not: A Quasi-Experimental Evaluation Taylor and Daniel J. Woods, “Injuries to Officers and Suspects in Police Use-of- (Washington, DC: Police Executive Research Forum, 2009), https://www.ncjrs. Force Cases: A Quasi-Experimental Evaluation,” Police Quarterly 13, no. 3 (2010): gov/pdffiles1/nij/grants/237965.pdf; John M. MacDonald, Robert J. Kaminski, 260–289, http://pqx.sagepub.com/content/13/3/260.full.pdf. and Michael R. Smith, “The Effect of Less-Lethal Weapons on Injuries in Police Use- 69. Listening Session on Technology and Social Media (oral testimony of Vincent of-Force Events,” American Journal of Public Health 99, no. 12 (2009) 2268–2274, Talucci, International Association of Chiefs of Police, for the President’s Task Force on http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2775771/pdf/2268.pdf; Bruce G. 21st Century Policing, Cincinnati, OH, January 31, 2015).

3 8 P i l l a r 3 . T e c h n o l o g y & S o c i a l M e d i a

3.7 Recommendation: The Federal A national public safety broadband network Government should make the development which creates bandwidth for the exclusive use of and building of segregated radio spectrum law enforcement, the First Responder Network and increased bandwidth by FirstNet (FirstNet) is considered a game-changing public for exclusive use by local, state, tribal, safety project, which would allow instantaneous and federal public safety agencies a communication in even the most remote areas top priority.70 whenever a disaster or incident occurs. It can also support many other technologies, including video transmission from BWCs.

70. Listening Session on Technology and Social Media: Technology Policy (oral testimony of Bill Schrier, senior policy advisor, Office of the Chief Information Officer, State of Washington, for the President’s Task Force on 21st Century Policing, Cincinnati, OH, January 31, 2015).

3 9 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

President Barack Obama delivers remarks to the press following a meeting with members of the President’s Task Force on 21st Century Policing in the Roosevelt Room of the White House, March 2, 2015. OFFICIAL WHITE HOUSE PHOTO BY CHUCK KENNEDY

4 0 PILLAR 4 . COMMUNITY POLICING & CRIME REDUCTION Community policing requires the active building of positive relation- ships with members of the community.

Community policing is a philosophy that promotes Yet mutual trust and cooperation, two key organizational strategies that support the elements of community policing, are vital to systematic use of partnerships and problem-solving protecting residents of these communities from techniques to proactively address the immediate the crime that plagues them. Community policing conditions that give rise to public safety issues such combines a focus on intervention and prevention as crime, social disorder, and fear of crime.71 through problem solving with building collab- orative partnerships between law enforcement Over the past few decades, rates of both violent agencies and schools, social services, and other and property crime have dropped dramatically stakeholders. In this way, community policing not 72 across the United States. However, some com- only improves public safety but also enhances munities and segments of the population have not social connectivity and economic strength, which benefited from the decrease as much as others, and increases community resilience to crime. And, as 73 some not at all. Though law enforcement must noted by one speaker, it improves job satisfaction concentrate their efforts in these neighborhoods for line officers, too. to maintain public safety, sometimes those specific efforts arouse resentment in the neighborhoods In his testimony to the task force, Camden County, the police are striving to protect. New Jersey, Police Chief J. Scott Thomson noted that community policing starts on the street Police interventions must be implemented with corner, with respectful interaction between a strong policies and training in place, rooted in an police officer and a local resident, a discussion that understanding of procedural justice. Indeed, with- need not be related to a criminal matter.74 In fact, out that, police interventions can easily devolve it is important that not all interactions be based on into racial profiling, excessive use of force, and emergency calls or crime investigations. other practices that disregard civil rights, causing negative reactions from people living in already Another aspect of community policing that was challenged communities. discussed in the listening session on this topic is the premise that officers enforce the law with the 71. Community Policing Defined (Washington, DC: Office of Community Oriented Policing Services, 2014), http://ric-zai-inc.com/Publications/cops-p157-pub.pdf. people not just on the people. In reflecting this 72. “Crime Statistics for 2013 Released: Decrease in Violent Crimes and Property belief, some commented on the negative Crimes,” Federal Bureau of Investigation, last modified November 10, 2014, http://www.fbi.gov/news/stories/2014/november/crime-statistics-for-2013- released/crime-statistics-for-2013-released. 73. Listening Session on Community Policing and Crime Reduction: Building 74. Listening Session on Community Policing and Crime Reduction: Using Community Policing Organizations (oral testimony of Chris Magnus, chief, Community Policing to Reduce Crime (oral testimony of J. Scott Thomson, chief, Richmond [CA] Police Department, for the President’s Task Force on 21st Century Camden County [NJ] Police Department, for the President’s Task Force on 21st Policing, Phoenix, AZ, February 13, 2015). Century Policing, Phoenix, AZ, February 13, 2015).

4 1 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

results of zero tolerance policies, which mete out community in order to effectively address chronic automatic and predetermined actions by officers crime and disorder problems. As Office of Com- regardless of extenuating circumstances. munity Oriented Policing Services Director Ronald L. Davis has said, “We need to teach new recruits Community policing requires the active building that law enforcement is more than just cuffing of positive relationships with members of the ‘perps’—it’s understanding why people do what community—on an agency as well as on a per- they do.”77 sonal basis. This can be done through assigning officers to geographic areas on a consistent basis, In summary, law enforcement’s obligation is not so that through the continuity of assignment they only to reduce crime but also to do so fairly while have the opportunity to know the members of protecting the rights of citizens. Any prevention the community. It can also be aided by the use strategy that unintentionally violates civil rights, of programs such as Eagle County, Colorado’s compromises police legitimacy, or undermines Law Enforcement Immigrant Advisory Commit- trust is counterproductive from both ethical and tee, which the police department formed with cost-benefit perspectives. Ignoring these consider- Catholic Charities to help the local immigrant ations can have both financial costs (e.g., lawsuits) community.75 This type of policing also requires and social costs (e.g., loss of public support). participation in community organizations, local meetings and public service activities. It must also be stressed that the absence of crime is not the final goal of law enforcement. Rather, it To be most effective, community policing also is the promotion and protection of public safety requires collaborative partnerships with agencies while respecting the dignity and rights of all. And beyond law enforcement, such as Philadelphia’s public safety and well-being cannot be attained successful Police Diversion Program described without the community’s belief that their well- by Kevin Bethel, Deputy Commissioner of Patrol being is at the heart of all law enforcement activ- Operations in the Philadelphia Police Department ities. It is critical to help community members see in his testimony to the task force.76 This partner- police as allies rather than as an occupying force ship with the Philadelphia Department of Human and to work in concert with other community Services, the school district, the District Attorney’s stakeholders to create more economically and office, Family Court, and other stakeholders signifi- socially stable neighborhoods. cantly reduced the number of arrests of minority youths for minor offenses. 4.1 Recommendation: Law enforcement Problem solving, another key element of com- agencies should develop and adopt policies munity policing, is critical to prevention. And and strategies that reinforce the importance problems must be solved in partnership with the of community engagement in managing public safety. 75. Listening Session on Community Policing and Crime Reduction: Building Community Policing Organizations (oral testimony of Chris Magnus, chief, Richmond [CA] Police Department, for the President’s Task Force on 21st Century Policing, Phoenix, AZ, February 13, 2015). 76. Listening Session on Community Policing and Crime Reduction: Using 77. Faye Elkins, “Five COPS Office Directors Look Back and Think Forward at the Community Policing to Reduce Crime (oral testimony of Kevin Bethel, deputy police 20th Anniversary Celebration,” Community Policing Dispatch 8, no. 1 (January commissioner, Philadelphia Police Department, for the President’s Task Force on 12, 2014), http://cops.usdoj.gov/html/dispatch/01-2015/cops_office_20th_ 21st Century Policing, Phoenix, AZ, February 13, 2015). anniversary.asp.

4 2 P i l l a r 4 . C o m m u n i t y P o l i c i n g & C r i m e R e d u c t i o n

Community policing is not just about the relation- Community policing cannot be a program, unit, ship between individual officers and individual strategy or tactic. It must be the core principle that neighborhood residents. It is also about the rela- lies at the foundation of a police department’s tionship between law enforcement leaders and culture. The only way to significantly reduce fear, leaders of key institutions in a community, such as crime, and disorder and then sustain these gains is churches, businesses, and schools, supporting the to leverage the greatest force multiplier: the people community’s own process to define prevention of the community.80 and reach goals. This message was closely echoed by Chris Mag- Law enforcement agencies cannot ensure the safety nus, the police chief in Richmond, California. To of communities alone but should seek to contribute build a more effective partnership with residents to the strengthening of neighborhood capacity to and transform culture within the police depart- prevent and reduce crime through informal social ment as well as in the community, the Richmond control. More than a century of research shows police made sure that all officers, not just a that informal social control is a much more powerful select few, were doing community policing and mechanism for crime control and reduction than is neighborhood problem solving. Every officer is formal punishment. And perhaps the best evidence expected to get to know the residents, businesses, for the preventive power of informal social control community groups, churches, and schools on their may be the millions of unguarded opportunities to beat and work with them to identify and address commit crime that are passed up each day.78 public safety challenges, including quality of life issues such as blight. Officers remain in the same 4.1.1 Action Item: Law enforcement agen- beat or district for several years or more—which 81 cies should consider adopting preferences for builds familiarity and trust. seeking “least harm” resolutions, such as diversion Testimony from a number of witnesses also made programs or warnings and citations in lieu of clear that hiring, training, evaluating, and promot- arrest for minor infractions. ing officers based on their ability and track record in community engagement—not just traditional 4.2 recOmmendatiOn: Community measures of policing such as arrests, tickets, or policing should be infused throughout the tactical skills—is an equally important component culture and organizational structure of law of the successful infusion of community policing enforcement agencies. throughout an organization.

Community policing must be a way of doing business by an entire police force, not just a specialized unit of that force.79 The task force heard testimony from Police Chief J. Scott Thomson of 80. Listening Session on Community Policing and Crime Reduction: Using Camden County, New Jersey, who noted: Community Policing to Reduce Crime (oral testimony of J. Scott Thomson, chief, Camden County [NJ] Police Department, for the President’s Task Force on 21st 78. Lawrence Cohen and Marcus Felson, “Social Change and Crime Rate Trends: Century Policing, Phoenix, AZ, February 13, 2015). A Routine Activities Approach,” American Sociological Review 44 (August 1979): 81. Listening Session on Community Policing and Crime Reduction: Building 588–607. Community Policing Organizations (oral testimony of Chris Magnus, chief, 79. Tracey Meares, “Praying for Community Policing,” California Law Review 90 Richmond [CA] Police Department, for the President’s Task Force on 21st Century (2002): 1593–1634, http://digitalcommons.law.yale.edu/fss_papers/518/. Policing, Phoenix, AZ, February 13, 2015).

4 3 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

4.2.1 Action Item: Law enforcement other professionals making decisions alongside agencies should evaluate officers on their efforts the police regarding planning, implementing, and to engage members of the community and the responding to mental health crisis situations. But partnerships they build. Making this part of this model is applicable to a number of com- the performance evaluation process places an munity problems that regularly involve a police increased value on developing partnerships. response, including homelessness, substance abuse, domestic violence, human trafficking, 4.2.2 Action Item: Law enforcement and child abuse. Ultimately, the idea is for agencies should evaluate their patrol deployment officers to be trained and equipped to make practices to allow sufficient time for patrol officers use of existing community resources in the to participate in problem solving and community diffusion of crisis situations. engagement activities. 4.3.1 Action Item: The U.S. Department of 4.2.3 Action Item: The U.S. Department Justice should collaborate with others to develop of Justice and other public and private entities and disseminate baseline models of this crisis should support research into the factors that intervention team approach that can be adapted have led to dramatic successes in crime reduction to local contexts. in some communities through the infusion of non-discriminatory policing and to determine 4.3.2 Action Item: Communities should replicable factors that could be used to guide law look to involve peer support counselors as part enforcement agencies in other communities. of multidisciplinary teams when appropriate. Persons who have experienced the same trauma can provide both insight to the first responders 4.3 recOmmendatiOn: Law enforcement and immediate support to individuals in crisis. agencies should engage in multidisciplinary, community team approaches for planning, implementing, and responding to crisis 4.3.3 Action Item: Communities should be situations with complex causal factors. encouraged to evaluate the efficacy of these crisis intervention team approaches and hold agency Collaborative approaches that engage profession- leaders accountable for outcomes. als from across systems have emerged as model practices for addressing community problems that are not resolvable by the police alone. These 4.4 recOmmendatiOn: Communities team approaches call upon law enforcement should support a culture and practice of agencies, service providers, and community policing that reflects the values of protection support networks to work together to provide the and promotion of the dignity of all, especially right resources for the situation and foster sustain- the most vulnerable. able change. Multiple witnesses before the task The task force heard many different ways of force spoke of departments coordinating mental describing a positive culture of policing. David health response teams that include mental health Kennedy suggested there could be a Hippocratic professionals, social workers, crisis counselors, and

4 4 P i l l a r 4 . C o m m u n i t y P o l i c i n g & C r i m e R e d u c t i o n

Chief Edward Flynn of the Milwaukee Police Department, Phoenix, February 14, 2015. PHOTO: DEBORAH SPENCE

Oath for Policing: First, Do No Harm.82 Law en- importance of language used and adopt forcement officers’ goal should be to avoid use policies directing officers to speak to individuals of force if at all possible, even when it is allowed with respect. by law and by policy. Terms such as fair and impartial policing, rightful policing, constitutional 4.4.2 Action Item: Law enforcement policing, neighborhood policing, procedural justice, agencies should develop programs that create op- and implicit bias training all address changing the portunities for patrol officers to regularly interact culture of policing. Respectful language; thought- with neighborhood residents, faith leaders, and ful and intentional dialogue about the perception business leaders. and reality of profiling and the mass incarceration of minorities; and consistent involvement, both formal and informal, in community events all help 4.5 recOmmendatiOn: Community ensure that relationships of trust between police policing emphasizes working with and community will be built. The vision of policing neighborhood residents to co-produce public in the 21st century should be that of officers as safety. Law enforcement agencies should guardians of human and constitutional rights. work with community residents to identify problems and collaborate on implementing solutions that produce meaningful results for 4.4.1 Action Item: Because offensive or the community. harsh language can escalate a minor situation, law enforcement agencies should underscore the As Delores Jones Brown testified, “Neighborhood policing provides an opportunity for police 82. Listening Session on Community Policing and Crime Reduction: Using departments to do things with residents in the Community Policing to Reduce Crime (oral testimony of David Kennedy, professor, co-production of public safety rather than doing John Jay College of Criminal Justice, for the President’s Task Force on 21st Century Policing, Phoenix, AZ, February 13, 2015).

4 5 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

things to or for them.”83 Community policing is not protect itself, be part of solving problems, and just about the behavior and tactics of police; it is prevent crime. Community and police jointly share also about the civic engagement and capacity the responsibility for civil dialogue and interaction. of communities to improve their own neighbor- hoods, their quality of life, and their sense of safety 4.5.1 Action Item: Law enforcement agen- and well-being. Members of communities are key cies should schedule regular forums and meetings partners in creating public safety, so communities where all community members can interact with and police need mechanisms to engage with each police and help influence programs and policy. other in consistent and meaningful ways. One model for formalizing this engagement is through 4.5.2 Action Item: Law enforcement agen- a civilian governance system such as is found in cies should engage youth and communities in joint Los Angeles. As Chief Charlie Beck explained in training with law enforcement, citizen academies, testimony to the task force, ride-alongs, problem solving teams, community The Los Angeles Police Department is formally action teams, and quality of life teams. governed by the Board of Police Commissioners, a five-person civilian body with each member 4.5.3 Action Item: Law enforcement agen- appointed by the mayor. The commission has formal cies should establish formal community/citizen authority to hire the chief of police, to set broad policy advisory committees to assist in developing crime for the department, and to hold the LAPD and its prevention strategies and agency policies as well chief accountable to the people.84 as provide input on policing issues.

Community policing, therefore, is concerned with Larger agencies should establish multiple com- changing the way in which citizens respond to mittees to ensure they inform all levels of the police in more constructive and proactive ways. organization. The makeup of these committees If officers feel unsafe and threatened, their ability should reflect the demographics of the communi- to operate in an open and shared dialogue with ty or neighborhood being served. community is inhibited. On the other hand, the police have the responsibility to understand the 4.5.4 Action Item: Law enforcement agen- culture, history, and quality of life issues of the cies should adopt community policing strategies entire community—youth, elders, faith commu- that support and work in concert with economic nities, special populations—and to educate the development efforts within communities. community, including its children, on the role and function of police and ways the community can As several witnesses, including Bill Geller, testified, public safety and the economic health of commu- nities go hand in hand.85 It is therefore important 83. Listening Session on Community Policing and Crime Reduction: Community Policing and Crime Prevention Research (oral testimony of Delores Jones Brown, professor, Department of Law, Police Science & Criminal Justice Administration, John Jay College of Criminal Justice, for the President’s Task Force on 21st Century Policing, Phoenix, AZ, February 13, 2015). 85. Listening Session on Community Policing and Crime Reduction: Community 84. Listening Session on Policy and Oversight: Civilian Oversight (oral testimony Policing and Crime Prevention Research (oral testimony of Bill Geller, director, Geller of Charles Beck, chief, Los Angeles Police Department, for the President’s Task Force & Associates, for the President’s Task Force on 21st Century Policing, Phoenix, AZ, on 21st Century Policing, Cincinnati, OH, January 30, 2015). February 13, 2015).

4 6 P i l l a r 4 . C o m m u n i t y P o l i c i n g & C r i m e R e d u c t i o n

for agencies to work with local, state, and federal One witness told the task force a stunning story partners on projects devoted to enhancing the about what happened to him one day when he economic health of the communities in which was a high school freshman: departments are located. As I walked down the hall, one of the police officers employed in the school noticed I did not have my 4.6 recOmmendatiOn: Communities identification badge with me. Before I could explain should adopt policies and programs that why I did not have my badge, I was escorted to the address the needs of children and youth office and suspended for an entire week. I had to most at risk for crime or violence and reduce leave the school premises immediately. Walking to aggressive law enforcement tactics that the bus stop, a different police officer pulled me over stigmatize youth and marginalize their and demanded to know why I was not in school. As participation in schools and communities. I tried to explain, I was thrown into the back of the The past decade has seen an explosion of police car. They drove back to my school to see if I was knowledge about adolescent development and telling the truth, and I was left waiting in the car for the neurological underpinnings of adolescent over two hours. When they came back, they told me behavior. Much has also been learned about I was in fact suspended, but because the school did the pathways by which adolescents become not provide me with the proper forms, my guardian delinquent, the effectiveness of prevention and and I both had to pay tickets for me being off of treatment programs, and the long-term effects school property. The tickets together were 600 dollars, of transferring youths to the adult system and and I had a court date for each one. Was forgetting confining them in harsh conditions. These findings my ID worth missing school? Me being kicked out of have raised doubts about a series of policies and school did not solve or help anything. I was at home 86 practices of “zero tolerance” that have contributed alone watching Jerry Springer, doing nothing. to increasing the school-to-prison pipeline by criminalizing the behaviors of children as young 4.6.1 Action Item: Education and as kindergarten age. Noncriminal offenses can criminal justice agencies at all levels of escalate to criminal charges when officers are government should work together to reform not trained in child and adolescent development policies and procedures that push children into and are unable to recognize and manage a child’s the juvenile justice system.87 emotional, intellectual, and physical development issues. School district policies and practices that push students out of schools and into the juvenile justice system cause great harm and do no good.

86. Listening Session on Community Policing and Crime Prevention (oral testimony of Michael Reynolds for the President’s Task Force on 21st Century Policing, Phoenix, AZ, February 13, 2015). 87. For more information about such policies and procedures, see the U.S. Department of Justice’s Civil Rights Division and U.S. Department of Education’s Office for Civil Rights, “Joint ‘Dear Colleague’ Letter,” last updated February 4, 2014, http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201401-title-vi.html.

4 7 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

4.6.2 Action Item: In order to keep youth 4.6.6 Action Item: Law enforcement in school and to keep them from criminal and vi- agencies should work with schools to create a olent behavior, law enforcement agencies should continuum of developmentally appropriate and work with schools to encourage the creation of proportional consequences for addressing ongo- alternatives to student suspensions and expulsion ing and escalating student misbehavior after all through restorative justice, diversion, counseling, appropriate interventions have been attempted. and family interventions. 4.6.7 Action Item: Law enforcement 4.6.3 Action Item: Law enforcement agen- agencies should work with communities to play cies should work with schools to encourage the a role in programs and procedures to reintegrate use of alternative strategies that involve youth in juveniles back into their communities as they decision making, such as restorative justice, youth leave the juvenile justice system. courts, and peer interventions. Although this recommendation—and therefore The Federal Government could incentivize schools its action items—specifically focuses on juveniles, to adopt this practice by tying federal funding to this task force believes that law enforcement schools implementing restorative justice practices. agencies should also work with communities to play a role in re-entry programs for adults leaving 4.6.4 Action Item: Law enforcement prisons and jails. agencies should work with schools to adopt an instructional approach to discipline that uses 4.6.8 Action Item: Law enforcement agen- interventions or disciplinary consequences to help cies and schools should establish memoranda of students develop new behavior skills and positive agreement for the placement of School Resource strategies to avoid conflict, redirect energy, and Officers that limit police involvement in student refocus on learning. discipline.

Such agreements could include provisions for 4.6.5 Action Item: Law enforcement special training for School Resource Officers to agencies should work with schools to develop and help them better understand and deal with issues monitor school discipline policies with input and involving youth. collaboration from school personnel, students, families, and community members. These policies should prohibit the use of corporal punishment 4.6.9 Action Item: The Federal Govern- and electronic control devices. ment should assess and evaluate zero tolerance strategies and examine the role of reasonable discretion when dealing with adolescents in consideration of their stages of maturation or development.

4 8 P i l l a r 4 . C o m m u n i t y P o l i c i n g & C r i m e R e d u c t i o n

Task force executive director Ronald L. Davis and co-chairs Laurie Robinson and Charles Ramsey, Washington, D.C., February 23, 2015. PHOTO: DEBORAH SPENCE

4.7 recOmmendatiOn: Communities Phoenix native Jose Gonzales, 21, first went to jail need to affirm and recognize the at age nine and had a chaotic childhood, but in voices of youth in community decision turning his life towards a productive and healthy making, facilitate youth-led research and future, he vividly remembers one officer who problem solving, and develop and fund made a difference: youth leadership training and life skills through positive youth/police collaboration Needless to say, I have had a fair amount of and interactions. interaction with law enforcement in my youth. Some has been very positive. Like the time that a School Youth face unique challenges when encountering Resource Officer got me involved in an after school the criminal justice system. Law enforcement club. Officer Bill D. helped me stop being a bad contacts for apparent infractions create trauma kid and assisted with after school activities. He and fear in children and disillusionment in youth, sought me out to be a part of a club that included but proactive and positive youth interactions with all sorts of youth—athletes, academics—and police create the opportunity for coaching, men- helped me gain confidence in reaching out to toring, and diversion into constructive alternative other social circles beyond my troubled community. activities. Moving testimony from a panel of young The important idea I’d like to convey is that approach people allowed the task force members to hear is everything.88 how officers can lead youth out of the conditions that keep them in the juvenile justice system and 88. Listening Session on Community Policing and Crime Reduction: Youth and into self-awareness and self-help. Law Enforcement (oral testimony of Jose Gonzales for the President’s Task Force on 21st Century Policing, Phoenix, AZ, February 13, 2015).

4 9 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

4.7.1 Action Item: Communities and law 4.7.2 Action Item: Communities enforcement agencies should restore and build should develop community- and school-based trust between youth and police by creating pro- evidence-based programs that mitigate punitive grams and projects for positive, consistent, and and authoritarian solutions to teen problems. persistent interaction between youth and police.

5 0 PILLAR 5 . TRAINING & EDUCATION Hiring officers who reflect the community they serve is important not only to external relations but also to increasing understanding within the agency.

As our nation becomes more pluralistic and the Many who spoke before the task force recom- scope of law enforcement’s responsibilities ex- mended that law enforcement partner with pands, the need for more and better training has academic institutions; organizations such as the become critical. Today’s line officers and leaders International Association of Chiefs of Police (IACP), must meet a wide variety of challenges including the Major Cities Chiefs Association (MCCA), the international terrorism, evolving technologies, National Organization of Black Law Enforcement rising immigration, changing laws, new cultural Executives (NOBLE), and the Police Executive mores, and a growing mental health crisis. All Research Forum (PERF); and other sources states and territories and the District of Columbia of appropriate training. Establishing fellowships should establish standards for hiring, training, and exchange programs with other agencies was and education. also suggested.

The skills and knowledge required to effectively Other witnesses spoke about the police edu- deal with these issues requires a higher level of cation now offered by universities, noting that education as well as extensive and ongoing train- undergraduate criminal justice and criminology ing in specific disciplines. The task force discussed programs provide a serviceable foundation but these needs in depth, making recommendations that short courses of mixed quality and even for basic recruit and in-service training, as well as some graduate university degree programs do leadership development in a wide variety of areas: not come close to addressing the needs of 21st-century law enforcement. yy Community policing and problem-solving principles In addition to discussion of training programs yy Interpersonal and communication skills and educational expectations, witnesses at the yy Bias awareness listening session made clear that new approaches to recruitment, hiring, evaluation, and promotion yy Scenario-based, situational decision making are also essential to developing a more highly yy Crisis intervention educated workforce with the character traits and yy Procedural justice and impartial policing social skills that enable effective policing and yy Trauma and victim services positive community relationships. yy Mental health issues To build a police force capable of dealing with the yy Analytical research and technology complexity of the 21st century, it is imperative that agencies place value on both educational yy Languages and cultural responsiveness achievements and socialization skills when making hiring decisions. Hiring officers who reflect the

5 1 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

To be effective in an ever-changing world, training must continue throughout an officer’s career. community they serve is also important not only fringes.90 Ronal Serpas recommended training on to external relations but also to increasing under- the effects of violence not only on the community standing within the agency. On the other hand, and individual victims but also on police officers task force member Constance Rice described the themselves, noting that exposure to violence can best line officer she knew—White, but better at make individuals more prone to violent behavior.91 relating to the African-American community than And witnesses Bruce Lipman and David Friedman his Black colleagues. Her recommendation was to both spoke about providing officers with historical look for the character traits that support fairness, perspectives of policing to provide context as to compassion, and cultural sensitivity.89 why some communities have negative feelings toward the police and improve understanding of The need for understanding, tolerance, and the role of the police in a democratic society.92 sensitivity to African Americans, Latinos, recent immigrants, Muslims, and the LGBTQ community Though today’s law enforcement professionals was discussed at length at the listening session, are highly trained and highly skilled operationally, with witnesses giving examples of unacceptable they must develop specialized knowledge and un- behavior in law enforcement’s dealings with all derstanding that enable fair and procedurally just of these groups. Participants also discussed the policing and allow them to meet a wide variety need to move towards practices that respect all of new challenges and expectations. Tactical skills members of the community equally and away are important, but attitude, tolerance, and inter- from policing tactics that can unintentionally lead personal skills are equally so. And to be effective to excessive enforcement against minorities. in an ever-changing world, training must continue throughout an officer’s career. Witnesses noted that officers need to develop the skills and knowledge necessary in the fight against The goal is not only effective, efficient policing but terrorism by gaining an understanding of the links also procedural justice and fairness. Following are between normal criminal activity and terrorism, the task force’s recommendations for implement- for example. What is more, this training must be ing career-long education and training practices ongoing, as threats and procedures for combat- for law enforcement in the 21st century. ting terrorism evolve. 90. Listening Session on Community Policing and Crime Reduction: Community The need for realistic, scenario-based training to Policing and Crime Prevention Research (oral testimony of Dennis Rosenbaum, better manage interactions and minimize using professor, University of Illinois at Chicago, for the President’s Task Force on 21st Century Policing, Phoenix, AZ, February 13, 2015). force was discussed by a number of witnesses. 91. Listening Session on Training and Education: Special Training on Building Trust Others focused more on content than delivery: (oral testimony of Ronal Serpas, advisory board member, Cure Violence Chicago, for the President’s Task Force on 21st Century Policing, Phoenix, AZ, February 14, 2015). Dennis Rosenbaum suggested putting proce- 92. Listening Session on Training and Education: Special Training on Building Trust dural justice at the center of training, not on the (oral testimony of David C. Friedman, director of National Law Enforcement Initiatives, Anti-Defamation League, for the President’s Task Force on 21st Century Policing, Phoenix, 89. Listening Session on Training and Education (Constance Rice, task force AZ, February 14, 2015); Listening Session on Training and Education: Special Training member, for the President’s Task Force on 21st Century Policing, Phoenix, AZ, on Building Trust (oral testimony of Bruce Lipman, Procedural Justice Training, for the February 14, 2015). President’s Task Force on 21st Century Policing, Phoenix, AZ, February 14, 2015).

5 2 P i l l a r 5 . T r a i n i n g & E d u c a t i o n

Task force members Jose Lopez and Brittany Packnett listen to testimony, Phoenix, February 14, 2015. PHOTO: DEBORAH SPENCE

5.1 recOmmendatiOn: The Federal 5.1.1 Action Item: The training innovation Government should support the development hubs should develop replicable model programs of partnerships with training facilities across that use adult-based learning and scenario-based the country to promote consistent standards training in a training environment modeled less for high quality training and establish training like boot camp. Through these programs the hubs innovation hubs. would influence nationwide curricula, as well as instructional methodology. A starting point for changing the culture of polic- ing is to change the culture of training academies. The designation of certain training academies as 5.1.2 Action Item: The training innovation federally supported regional “training innovation hubs should establish partnerships with academic hubs” could act as leverage points for changing institutions to develop rigorous training practices, training culture while taking into consideration evaluation, and the development of curricula regional variations. Federal funding would be a based on evidence-based practices. powerful incentive to these designated academies to conduct the necessary research to develop and 5.1.3 Action Item: The Department of implement the highest quality curricula focused Justice should build a stronger relationship with on the needs of 21st century American policing, the International Association of Directors of Law along with cutting-edge delivery modalities.

5 3 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Enforcement (IADLEST) in order to leverage their 5.3 recOmmendatiOn: Law enforcement network with state boards and commissions of agencies should provide leadership training Peace Officer Standards and Training (POST). to all personnel throughout their careers.

The POSTs are critical to the development and Standards and programs need to be established implementation of statewide training standards for every level of leadership from the first line to and the certification of instructors and training middle management to executive leadership. If courses, as well as integral to facilitating commu- there is good leadership and procedural justice nication, coordination, and influence with the within the agency, the officers are more likely to more than 650 police academies across the nation. behave according to those standards in the com- This relationship would also serve as a pipeline for munity. As Chief Edward Flynn of the Milwaukee disseminating information and creating discussion Police Department noted, “Flexible, dynamic, in- around best practices. sightful, ethical leaders are needed to develop the informal social control and social capital required for a civil society to flourish.”93 One example of 5.2 recOmmendatiOn: Law enforcement leadership training is Leading Police Organizations, agencies should engage community members a program developed by the IACP and modeled in the training process. after the West Point Leadership Program, which Not only can agencies make important contri- offers training for all levels of agency manage- butions to the design and implementation of ment in programs based on a behavioral science training that reflects the needs and character of approach to leading people groups, change, and their communities but it is also important for po- organizations, focusing on the concept of “every lice training to be as transparent as possible. This officer a leader.” will result in both a better informed public and a better informed officer. 5.3.1 Action Item: Recognizing that strong, capable leadership is required to create Where appropriate and through managed pro- cultural transformation, the U.S. Department of grams, the community would Justice should invest in developing learning goals yy learn about and evaluate the existing training and model curricula/training for each level of within departments; leadership. yy provide input into shaping that some training content and delivery; This training should focus on organizational procedural justice, community policing, police yy in some cases, participate in training alongside officers. accountability, teaching, coaching, mentoring, and communicating with the media and the public. Chief Kim Jacobs noted this in her testimony 5.2.1 Action Item: The U.S. Department of discussing current issues with training on review- Justice should conduct research to develop and ing investigations of police actions and prepare disseminate a toolkit on how law enforcement comprehensive reports for all stakeholders, agencies and training programs can integrate community members into this training process. 93. Listening Session on Training and Education (oral testimony of Edward Flynn, chief, Milwaukee Police Department, for the President’s Task Force on 21st Century Policing, Phoenix, AZ, February 14, 2015).

5 4 P i l l a r 5 . T r a i n i n g & E d u c a t i o n

including the media and citizens.94 These standards engage law enforcement and professionals should also influence requirements for promotion from multiple disciplines to collaboratively and continuing/ongoing education should also be identify and protect drug endangered children required to maintain leadership positions. and their families.95

5.3.2 Action Item: The Federal Govern- 5.4 recOmmendatiOn: The U.S. ment should encourage and support partnerships Department of Justice should develop, between law enforcement and academic in partnership with institutions of higher institutions to support a culture that values education, a national postgraduate institute ongoing education and the integration of of policing for senior executives with a current research into the development of standardized curriculum preparing them to training, policies, and practices. lead agencies in the 21st century.

To advance American law enforcement, we must 5.3.3 Action Item: The U.S. Department advance its leadership. To that end, the task force of Justice should support and encourage recommends the establishment of a top quality cross-discipline leadership training. graduate institute of policing to provide ongo- This can be within the criminal justice system ing leadership training, education, and research but also across governments, nonprofits, and the programs which will enhance the quality of law private sector, including social services, legal aid, enforcement culture, knowledge, skills, practices businesses, community corrections, education, and policies. Modeled after the Naval Postgrad- the courts, mental health organizations, civic and uate School in Monterey, California, this institute religious organizations, and others. When people will be staffed with subject matter experts and come together from different disciplines and instructors drawn from the nation’s top educa- backgrounds, there is a cross-fertilization of ideas tional institutions, who will focus on the real world that often leads to better solutions. Furthermore, problems that challenge today’s and tomorrow’s by interacting with a more diverse group of pro- law enforcement, teaching practical skills and pro- fessionals, police can establish a valuable network viding the most current information for improving of contacts whose knowledge and skills differ from policing services throughout the nation. This but complement their own. This opportunity does institute could even, as witness Lawrence Sher- exist for front-line staff on a variety of specialized man proposed, “admit qualified applicants to a topics but also needs to happen at decision/policy three-month residential course for potential police maker levels. For example, the National Alliance executives, concluding in an assessment center for Drug Endangered Children is an especially and examination that would certify qualified grad- appropriate model for the value of cross-discipline uates to serve as chief police executives anywhere training. Their written testimony to the task force in the United States.”96 explains how their training approach focuses on 95. Listening Session on Training and Education (written testimony of the National Alliance for Drug Endangered Children for the President’s Task Force on the formation of community partnerships that 21st Century Policing, Phoenix, AZ, February 14, 2015). 96. Listening Session on The Future of Community Policing (oral testimony of 94. Listening Session on Training and Education (oral testimony of Kim Jacobs, Lawrence Sherman, Wolfson Professor of Criminology, University of Cambridge, and chief, Columbus [OH] Division of Police, for the President’s Task Force on 21st Distinguished University Professor, University of Maryland, for the President’s Task Century Policing, Phoenix, AZ, February 14, 2015). Force on 21st Century Policing, Washington, DC, February 24, 2015).

5 5 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

5.5 recOmmendatiOn: The U.S. been found that after completing CIT orientation, Department of Justice should instruct the officers felt encouraged to interact with people Federal Bureau of Investigation to modify suffering a mental health crisis and to delay their the curriculum of the National Academy at “rush to resolution.”99 Dr. Randolph Dupont, Chair Quantico to include prominent coverage of of the Department of Criminology and Criminal the topical areas addressed in this report. Justice at the University of Memphis, spoke In addition, the COPS Office and the Office to the task force about the effectiveness of Justice Programs should work with law of the Memphis Crisis Intervention Team (CIT), enforcement professional organizations to which stresses verbal intervention and other encourage modification of their curricula in a de-escalation techniques. similar fashion.97 Noting that empathy training is an important The Office of Community Oriented Policing component, Dr. Dupont said the Memphis CIT Services (COPS Office) and the Office of Justice includes personal interaction between officers and Programs (OJP) should work with the law enforce- individuals with mental health problems. Officers ment professional organizations to encourage who had contact with these individuals felt more modification of their curricula—for example, the comfortable with them, and hospital mental Senior Management Institute for Police run by health staff who participated with the officers PERF and the Police Executive Leadership Institute had more positive views of law enforcement. CIT managed by the Major Cities Chiefs Association. also provides a unique opportunity to develop cross-disciplinary training and partnerships. 5.6 recOmmendatiOn: POSTs should make Crisis Intervention Training (CIT) 5.6.1 Action Item: Because of the impor- a part of both basic recruit and in-service tance of this issue, Congress should appropriate officer training. funds to help support law enforcement crisis intervention training. Crisis intervention training (CIT) was developed in Memphis, Tennessee, in 1988 and has been shown to improve police ability to recognize symptoms 5.7 recOmmendatiOn: POSTs should of a mental health crisis, enhance their confidence ensure that basic officer training includes in addressing such an emergency, and reduce lessons to improve social interaction as well as inaccurate beliefs about mental illness.98 It has tactical skills.

97. Listening Session on Training and Education: Supervisory, Leadership and These include topics such as critical thinking, Management Training (oral testimony of Kimberly Jacobs, chief, Columbus [OH] social intelligence, implicit bias, fair and impartial Division of Police, for the President’s Task Force on 21st Century Policing, Phoenix, AZ, policing, historical trauma, and other topics that February 14, 2015); Listening Session on Training and Education (e-mail of Annie McKee, senior fellow, University of Pennsylvania, for the President’s Task Force on address capacity to build trust and legitimacy in 21st Century Policing, Phoenix, AZ, February 13–14, 2015); Listening Session on diverse communities and offer better skills for Training and Education (written testimony of Anthony Braga et al. for the President’s Task Force on 21st Century Policing, Phoenix, AZ, February 13–14, 2015). gaining compliance without the use of physical 98. Natalie Bonfine, Christian Ritter, and Mark R. Munetz, “Police Officer Perceptions of the Impact of Crisis Intervention Team (CIT) Programs,” International 99. Kelly E. Canada, Beth Angell, and Amy C. Watson, “Crisis Intervention Teams in Journal of Law and Psychiatry 37, no. 4 (July–August 2014): 341–350, Chicago: Successes on the Ground,” Journal of Police Crisis Negotiations 10, no. 1–2 doi:10.1016/j.ijlp.2014.02.004. (2010), 86–100, doi:10.1080/15332581003792070.

5 6 P i l l a r 5 . T r a i n i n g & E d u c a t i o n

Task force member Bryan Stevenson asks a panelist a question, Phoenix, February 13, 2015. PHOTO: DEBORAH SPENCE force. Basic recruit training must also include tacti- The growing understanding of this science has cal and operations training on lethal and nonlethal led to a number of law enforcement agencies use of force with an emphasis on de-escalation equipping officers with overdose-reversal drugs and tactical retreat skills. such as naloxone and the passage of legislation in many states that shield any person from civil and criminal liability if they administer naloxone. 5.8 recOmmendatiOn: POSTs should ensure that basic recruit and in-service officer The Obama Administration’s drug policy reflects training include curriculum on the disease of this understanding and emphasizes access to addiction. treatment over incarceration, pursuing “smart on It is important that officers be ableo t recognize crime” rather than “tough on crime” approaches to the signs of addiction and respond accordingly drug-related offenses, and support for early health when they are interacting with people who may interventions designed to break the cycle of drug 100 be impaired as a result of their addiction. Science use, crime, incarceration, and re-arrest. And the has demonstrated that addiction is a disease relationship between incarceration and addiction of the brain—a disease that can be prevented is a significant one. A 2004 survey by the U.S. and treated and from which people can recover. 100. A Drug Policy for the 21st Century, July 2014, accessed February 27, 2015, http://www.whitehouse.gov/ondcp/drugpolicyreform.

5 7 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Department of Justice estimated that about 70 research has shown that “of those involved in traf- percent of state and 64 percent of federal prison- fic and street stops, a smaller percentage of Blacks ers regularly used drugs prior to incarceration.101 than Whites believed the police behaved properly during the stop.”103

5.9 recOmmendatiOn: POSTs should And in a 2012 survey of LGBTQ/HIV contact with ensure both basic recruit and in-service police, 25 percent of respondents with any recent training incorporates content around police contact reported at least one type of recognizing and confronting implicit bias and misconduct or harassment, such as being accused cultural responsiveness. of an offense they did not commit, verbal assault, As the nation becomes more diverse, it will become being arrested for an offense they did not commit, increasingly important that police officers be sexual harassment, physical assault, or sexual 104 sensitive to and tolerant of differences. It is vital that assault. law enforcement provide training that recognizes the unique needs and characteristics of minority 5.9.1 Action Item: Law enforcement communities, whether they are victims or witnesses agencies should implement ongoing, top down of crimes, subjects of stops, or criminal suspects. training for all officers in cultural diversity and related topics that can build trust and legitimacy Keeshan Harley, a young Black man, testified that in diverse communities. This should be accom- he estimates that he’s been stopped and frisked plished with the assistance of advocacy groups more than 100 times and that he felt that the that represent the viewpoints of communities that problem is not just a few individual bad apples, have traditionally had adversarial relationships but the systemic way policing treats certain with law enforcement. communities—including low-income and young people, African Americans, LGBTQ people, the 5.9.2 Action Item: Law enforcement agen- homeless, immigrants, and people with psychiatric cies should implement training for officers that disabilities. In so doing, police have produced covers policies for interactions with the LGBTQ communities of alienation and resentment.102 He is population, including issues such as determining arguably not alone in his opinions, given that gender identity for arrest placement, the Muslim, Arab, and South Asian communities, and immi- grant or non-English speaking groups, as well as reinforcing policies for the prevention of sexual misconduct and harassment.

101. C. Mumola and J.C. Karberg, Drug Use and Dependence, State and Federal Prisoners, 2004 (Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, 2007), http://www.bjs.gov/content/pub/ pdf/dudsfp04.pdf. 102. Listening Session on Training and Education: Voices in the Community (oral 103. Langton and Durose, Traffic and Street Stops, 2011 (see note 42). testimony of Keeshan Harley, member, Communities United for Police Reform, 104. Listening Session on Policy and Oversight (written testimony of Lambda for the President’s Task Force on 21st Century Policing, Phoenix, AZ, February Legal for the President’s Task Force on 21st Century Policing, Cincinnati, OH, January 14, 2015); see also Tracey L. Meares, “Programming Errors: Understanding the 30–31, 2015); Lambda Legal, Protected and Served? Survey of LGBT/HIV Contact Constitutionality of Stop-and-Frisk as a Program, Not an Incident,” University of with Police, Courts, Prisons, and Security, 2014, accessed February 28, 2015, http:// Chicago Law Review (forthcoming). www.lambdalegal.org/protected-and-served.

5 8 P i l l a r 5 . T r a i n i n g & E d u c a t i o n

Table 3. College degree requirements for full-time instructors in state and local law enforce- ment training academies, by type of operating agency, 2006

Primary operating agency Total percentage of acad- Percentage of academies Percent of academies emies with a minimum requiring a 4-year degree requiring a 2-year degree educational requirement that included a college degree All types 19 11 8 State Peace Officer Standards 13 13 0 and Training State police 11 7 5 Sheriff’s office 2 0 2 County police 5 0 5 Municipal police 7 4 3 College/university 35 22 13 Multiagency 15 2 13 Other types 8 8 0 Source: Brian A. Reaves, State and Local Law Enforcement Training Academies, 2006, Special Report (Washington, DC: Bureau of Justice Statistics, 2009), http://www.bjs.gov/content/pub/pdf/slleta06.pdf.

5.10 recOmmendatiOn: POSTs should Offering entry level opportunities to recruits require both basic recruit and in-service without a college degree can be combined with training on policing in a democratic society. the provision of means to obtain higher education throughout their career, thereby ensuring the Police officers are granted a great deal of authority, benefits of a diverse staff with a well-educated and it is therefore important that they receive train- police force and an active learning culture. Current ing on the constitutional basis of and the proper student loan programs allow repayment based on use of that power and authority. Particular focus income, and some already provide tuition debt should be placed on ensuring that Terry stops105 forgiveness after 120 months of service in the are conducted within constitutional guidelines. government or nonprofit sector.

5.11 recOmmendatiOn: The Federal 5.11.1 Action Item: The Federal Gov- Government, as well as state and local ernment should create a loan repayment and agencies, should encourage and incentivize forgiveness incentive program specifically for higher education for law enforcement officers. policing. While many believe that a higher level of re- This could be modeled on similar programs that quired education could raise the quality of officer already exist for government service and other performance, law enforcement also benefits from fields or the reinstitution of funding for programs a diverse range of officers who bring their cul- such as the 1960s and 70s Law Enforcement tures, languages, and life experiences to policing. Education Program. 105. Terry v. Ohio, 392 U.S. 1 (1968).

5 9 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

5.12 recOmmendatiOn: The Federal 5.13 recOmmendatiOn: The U.S. Government should support research into Department of Justice should support the development of technology that the development and implementation of enhances scenario-based training, improved Field Training Officer programs. social interaction skills, and enables This is critical in terms of changing officer culture. the dissemination of interactive distance Field Training Officers impart the organizational learning for law enforcement. culture to the newest members. The most com- This will lead to new modalities that enhance the mon current program, known as the San Jose effectiveness of the learning experience, reduce Model, is more than 40 years old and is not based instructional costs, and ensure the broad dissem- on current research knowledge of adult learning ination of training through platforms that do not modalities. In many ways it even conflicts with require time away from agencies. innovative training strategies that encourage problem-based learning and support organiza- This would be especially helpful for smaller and tional procedural justice. more rural departments who cannot spare the time for their officers to participate in residential/ 5.13.1 Action Item: The U.S. Department in-person training programs. Present day of Justice should support the development of technologies should also be employed more broad Field Training Program standards and often—web-based learning, behavior evaluations training strategies that address changing police through body worn camera videos, software pro- culture and organizational procedural justice grams for independent learning, scenario-based issues that agencies can adopt and customize to instruction through videos, and other methods. local needs. This can also increase access to evidence-based research and other sources of knowledge. A potential model for this is the Police Training Officer program developed by the COPS Office in collaboration with PERF and the Reno (Nevada) Police Department. This problem-based learning strategy used adult learning theory and problem solving tools to encourage new officers to think with a proactive mindset, enabling the identification of and solution to problems within their communities.

5.13.2 Action Item: The U.S. Department of Justice should provide funding to incentivize agencies to update their Field Training Programs in accordance with the new standards.

6 0 PILLAR 6 . OFFICER WELLNESS & SAFETY The wellness and safety of law enforcement officers is critical not only to themselves, their colleagues, and their agencies but also to public safety.

Most law enforcement officers walk into risky Commenting on the irony of law enforcement’s situations and encounter tragedy on a regular basis. lack of services and practices to support wellness Some, such as the police who responded to the and safety, Dr. Laurence Miller observed in his carnage of Sandy Hook Elementary School, witness testimony that supervisors would not allow an of- horror that stays with them for the rest of their lives. ficer to go on patrol with a deficiently maintained Others are physically injured in carrying out their du- vehicle, an un-serviced duty weapon, or a mal- ties, sometimes needlessly, through mistakes made functioning radio—but pay little attention to the in high stress situations. The recent notable deaths maintenance of what is all officers’ most valuable of officers are stark reminders of the risk officers face. resource: their brains.107 As a result, physical, mental, and emotional injuries plague many law enforcement agencies. Officer suicide is also a problem: a national study using data of the National Occupational Mortality However, a large proportion of officer injuries and Surveillance found that police died from suicide deaths are not the result of interaction with crim- 2.4 times as often as from homicides. And though inal offenders but the outcome of poor physical depression resulting from traumatic experiences health due to poor nutrition, lack of exercise, sleep is often the cause, routine work and life stress- deprivation, and substance abuse. Yet these caus- ors—serving hostile communities, working long es are often overlooked or given scant attention. shifts, lack of family or departmental support—are Many other injuries and fatalities are the result of frequent motivators too. vehicular accidents. In this pillar, the task force focused on many of The wellness and safety of law enforcement the issues that impact and are impacted by officer officers is critical not only to themselves, their wellness and safety, focusing on strategies in colleagues, and their agencies but also to public several areas: physical, mental, and emotional safety. An officer whose capabilities, judgment, health; vehicular accidents; officer suicide; shoot- and behavior are adversely affected by poor ings and assaults; and the partnerships with social physical or psychological health not only may be services, unions, and other organizations that can of little use to the community he or she serves but support solutions. also may be a danger to the community and to other officers. As task force member Tracey Meares observed, “Hurt people can hurt people.”106

106. Listening Session on Officer Safety and Wellness (comment of Tracey 107. Listening Session on Officer Safety and Wellness (oral testimony of Laurence Meares, task force member, for the President’s Task Force on 21st Century Policing, Miller, psychologist, for the President’s Task Force on 21st Century Policing, Washington, DC, February 23, 2015). Washington, DC, February 23, 2015).

6 1 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Physical injuries and death in the line of duty, Poor nutrition and fitness are also serious threats, as while declining, are still too high. According to is sleep deprivation. Many errors in judgment can estimates of U.S. Bureau of Labor Statistics, more be traced to fatigue, which also makes it harder to than 100,000 law enforcement professionals connect with people and control emotions. But ad- are injured in the line of duty each year. Many ministrative changes such as reducing work shifts are the result of assaults, which underscores can improve officer’s feelings of well-being, and the need for body armor, but most are due to the implementation of mental health strategies vehicular accidents. can lessen the impact of the stress and trauma.

To protect against assaults, Orange County (Flori- However, the most important factor to consid- da) Sheriff Jerry Demings talked about immersing er when discussing wellness and safety is the new officers in simulation training that realistically culture of law enforcement, which needs to be depicts what they are going to face in the real transformed. Support for wellness and safety world. “I subscribe to an edict that there is no sub- should permeate all practices and be expressed stitute for training and experience . . . deaths and through changes in procedures, requirements, injuries can be prevented through training that is attitudes, and behaviors. An agency work envi- both realistic and repetitive.”108 ronment in which officers do not feel they are respected, supported, or treated fairly is one of But to design effective training first requires col- the most common sources of stress. And research lecting substantially more information about the indicates that officers who feel respected by their nature of injuries sustained by officers on the job. supervisors are more likely to accept and volun- Dr. Alexander Eastman’s testimony noted that the tarily comply with departmental policies. This field of emergency medicine involves the analysis transformation should also overturn the tradition of vast amounts of data with regard to injuries in of silence on psychological problems, encourag- order to improve prevention as well as treatment. ing officers to seek help without concern about In order to make the job of policing more safe, a negative consequences. nationwide repository for [law enforcement officer] Partnerships are another crucial element. An agen- injuries sustained is desperately needed. A robust cy cannot successfully tackle these issues without database of this nature, analyzed by medical providers partners such as industrial hygienists, chaplains, and scientists involved in law enforcement, would unions, and mental health providers. But no allow for recommendations in tactics, training, program can succeed without buy-in from agency equipment, medical care and even policies/procedures leadership as well as the rank and file. that are grounded in that interface between scientific evidence, best medical practice, and sound policing.109 The “bulletproof cop” does not exist. The officers who protect us must also be protected—against incapacitating physical, mental, and emotional 108. Listening Session on Officer Safety and Wellness: Officer Safety (oral health problems as well as against the hazards of testimony of Jerry Demings, sheriff, Orange County, FL, for the President’s Task Force their job. Their wellness and safety are crucial for on 21st Century Policing, Washington, DC, February 23, 2015). 109. Listening Session on Officer Safety and Wellness: Officer Safety (oral them, their colleagues, and their agencies, as well testimony of Dr. Alexander Eastman, lieutenant and deputy medical director, as the well-being of the communities they serve. Dallas Police Department, for the President’s Task Force on 21st Century Policing, Washington, DC, February 23, 2015).

6 2 P i l l a r 6 . O ff i c e r W e l l n e s s & S a f e t y

Elliot Cohen of the Maryland State Police speaks about technology usage while Madhu Grewal of the Constitution Project waits her turn to testify, Cincinnati, January 31, 2015. PHOTO: DEBORAH SPENCE

6.1 recOmmendatiOn: The U.S. 6.1.2 Action Item: The U.S. Department of Department of Justice should enhance and Justice, in partnership with the U.S. Department further promote its multi-faceted officer of Health and Human Services, should establish a safety and wellness initiative. task force to study mental health issues unique to officers and recommend tailored treatments. As noted by all task force members during the lis- tening session, officer wellness and safety supports Law enforcement officers are subject to more public safety. Officers who are mentally or physically stress than the general population owing to the incapacitated cannot serve their communities nature of their jobs. In addition to working with adequately and can be a danger to the people they difficult—even hostile—individuals, responding serve, to their fellow officers, and to themselves. to tragic events, and sometimes coming under fire themselves, they suffer from the effects of everyday 6.1.1 Action Item: Congress should estab- stressors—the most acute of which often come lish and fund a national “Blue Alert” warning system. from their agencies, because of confusing messages or non-supportive management; and their families, Leveraging the current Amber Alert program used who do not fully understand the pressures the offi- to locate abducted children, the Blue Alert would cers face on the job. And as witness Laurence Miller enlist the help of the public in finding suspects said, “When both work and family relations fray, the after a law enforcement officer is killed in the line individual’s coping abilities can be stretched to the of duty. Some similar state systems do exist, but limit, resulting in alcohol abuse, domestic violence, there are large gaps; a national system is needed. overaggressive policing, even suicide.”110 In addition to aiding the apprehension of suspects, it would send a message about the importance of 110. Listening Session on Officer Safety and Wellness (oral testimony of Laurence protecting law enforcement from undue harm. Miller, psychologist, for the President’s Task Force on 21st Century Policing, Washington, DC, February 23, 2015).

6 3 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

To add to the problems of those suffering from to those of the veteran who has spent the last five psychological distress, law enforcement culture years sitting in a squad car. Many health prob- has not historically supported efforts to treat or lems—notably cardiac issues—are cumulative. even acknowledged mental health problems, which are usually seen as a sign of “weakness.” 6.1.4 Action Item: Pension plans should The challenges and treatments of mental health recognize fitness for duty examinations as definitive issues should therefore be viewed within the evidence of valid duty or non-duty related disability. context of law enforcement’s unique culture and working environment. Officers who have been injured in the line of duty can exist in limbo, without pay, unable to This task force should also look to establish a na- work but also unable to get benefits because tional toll-free mental health hotline specifically for the “fitness for duty” examinations given by their police officers. This would be a fast, easy, and confi- agencies are not recognized as valid proof of dential way for officers to get advice whenever they disability. And since officers, as public servants, needed to; and because they would be anonymous, cannot receive social security, they can end up in officers would be more likely to take advantage of a precarious financial state. this resource. Since nobody understands the chal- lenges an officer faces like another officer, it should 6.1.5 Action Item: Public Safety Officer be peer driven—anonymously connecting callers Benefits (PSOB) should be provided to survivors of to officers who are not in the same agency and who officers killed while working, regardless of wheth- could refer the caller to professional help if needed. er the officer used safety equipment (seatbelt or An advisory board should be formed to guide the anti-ballistic vest) or if officer death was the result creation of this hotline service. of suicide attributed to a current diagnosis of duty-related mental illness, including but not 6.1.3 Action Item: The Federal Govern- limited to post-traumatic stress disorder (PTSD). ment should support the continuing research into the efficacy of an annual mental health check for Families should not be penalized because an offi- officers, as well as fitness, resilience, and nutrition. cer died in the line of duty but was not wearing a seat belt or body armor. Though these precautions Currently, most mental health checks are ordered are very important and strongly encouraged, there as interventions for anger management or sub- are occasions when officers can be more effective stance abuse and are ordered reactively after an without them.111 incident. Mental health checks need to be more frequent to prevent problems. Because officers are A couple of situations were mentioned by task exposed to a wide range of stressors on a continu- force member Sean Smoot, who described the ous basis as part of their daily routines, mental and efforts of an officer who took off his seat belt to physical health check-ups should be conducted tend to the injuries of a victim in the back of the on an ongoing basis. Furthermore, officer nutrition car as his partner sped to the hospital. Another and fitness issues change with time, varying wide- 111. Listening Session on Officer Safety and Wellness: Voices from the Field (oral ly from those of the new academy graduate testimony of William Johnson, executive director, National Association of Police Organizations, for the President’s Task Force on 21st Century Policing, Washington, DC, February 23, 2015).

6 4 P i l l a r 6 . O ff i c e r W e l l n e s s & S a f e t y

scenario he mentioned was the rescue of a drown- Though legislation and funding from the Federal ing woman by an officer who shed his heavy Government is necessary in some cases, most of body armor to go into the water. Charles Ramsey, the policies, programs, and practices recommended task force co-chair, also noted that these types by the task force can and should be implemented of situations could be further mitigated by the at the local level. It is understood, however, that invention of seatbelts that officers could quickly there are no “one size fits all” solutions and that release without getting tangled on their belts, implementation will vary according to agency size, badges, and radios, as well as body armor that is location, resources, and other factors. lighter and more comfortable.

6.3 recOmmendatiOn: The U.S. 6.2 recOmmendatiOn: Law enforcement Department of Justice should encourage and agencies should promote safety and wellness assist departments in the implementation of at every level of the organization. scientifically supported shift lengths by law enforcement. Safety and wellness issues affect all law en- forcement professionals, regardless of their It has been established by significant bodies of management status, duty, or tenure. Moreover, research that long shifts can not only cause fa- line officers are more likely to adopt procedures tigue, stress, and decreased ability to concentrate or change practices if they are advised to do so but also lead to other more serious consequenc- by managers who also model the behavior they es.113 Fatigue and stress undermine not only the encourage. According to witness David Orr, buy-in immune system but also the ability to work at full from the leaders as well as the rank and file is capacity, make decisions, and maintain emotional essential to the success of any program.112 equilibrium. Though long shifts are understand- able in the case of emergencies, as a standard 6.2.1 Action Item: Though the Fed- practice they can lead to poor morale, poor job eral Government can support many of the performance, irritability, and errors in judgment programs and best practices identified by the that can have serious, even deadly, consequences. U.S. Department of Justice initiative described in recommendation 6.1, the ultimate responsibility 6.3.1 Action Item: The U.S. Department of lies with each agency. Justice should fund additional research into the efficacy of limiting the total number of hours an officer should work within a 24–48-hour period, including special findings on the maximum num- ber of hours an officer should work in a high risk or high stress environment (e.g., public demon- strations or emergency situations).

113. Bryan Vila, Tired Cops: The Importance of Managing Police Fatigue, (Washington, DC: Police Executive Research Forum, 2000); Mora L. Fiedler, 112. Listening Session on Officer Safety and Wellness (oral testimony of David Orr, Officer Safety and Wellness: An Overview of the Issues (Washington, DC: Office of sergeant, Norwalk [CT] Police Department, to the President’s Task Force on 21st Community Oriented Policing Services, 2011), 4, http://cops.usdoj.gov/pdf/OSWG/ Century Policing, Washington, DC, February 23, 2015). e091120401-OSWGReport.pdf.

6 5 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Christina Brown of Black Lives Matter Cincinnati speaks about mass demonstrations while Superintendent Garry McCarthy of the Chicago Police Department looks on, Cincinnati, January 30, 2015. PHOTO: DEBORAH SPENCE

6.4 recOmmendatiOn: Every law to integrate rescue/emergency medical services enforcement officer should be provided with personnel into community-wide active shooter individual tactical first aid kits and training as preparedness and training. These activities well as anti-ballistic vests. would complement the current “Save Our Own” law enforcement-based hemorrhage Task force witness Dr. Alexander Eastman, who is control programs.115 a trauma surgeon as well as a law enforcement professional, noted that tactical first aid kits would To further reduce officer deaths, the task force also significantly reduce the loss of both officer and strongly recommends the provision of body armor civilian lives due to blood loss. Already available to all officers with replacements when necessary. to members of the military engaged in combat missions, these kits are designed to save lives by 6.4.1 Action Item: Congress should controlling hemorrhaging. They contain tourni- authorize funding for the distribution of law quets, an Olaes modular bandage, and QuikClot enforcement individual tactical first aid kits. gauze and would be provided along with training in hemorrhage control. Dr. Eastman estimated that the ction tem Congress should kits could cost less than $50 each and require about 6.4.2 A I : reauthorize and expand the Bulletproof Vest two hours of training, which could be provided Partnership (BVP) program. through officers who have completed “train the 114 trainer” programs. Created by statute in 1998, this program is a unique U.S. Department of Justice initiative This would be a national adoption of the Hartford designed to provide a critical resource to state and Consensus, which calls for agencies to adopt hem- local law enforcement. Based on data collected orrhage control as a core law enforcement skill and and recorded by Bureau of Justice Assistance staff, 114. Listening Session on Officer Safety and Wellness: Officer Safety (oral testimony of Dr. Alexander Eastman, lieutenant and deputy medical director, Dallas Police 115. M. Jacobs Lenworth, Jr., “Joint Committee to Create a National Policy to Department, for the President’s Task Force on 21st Century Policing, Washington, Enhance Survivability from Mass Casualty Shooting Events: Hartford Consensus II,” DC, February 23, 2015). Journal of the American College of Surgeons 218, no. 3 (March 2014): 476–478.

6 6 P i l l a r 6 . O ff i c e r W e l l n e s s & S a f e t y

in FY 2012 protective vests were directly attributed suggests in-car cameras and seat belt sensors to saving the lives of at least 33 law enforcement to encourage use along with aggressive safety and corrections officers. campaigns. Some witnesses endorsed mandatory seat belt policies as well.

6.5 recOmmendatiOn: The U.S. The Prince George’s County (Maryland) Arrive Alive Department of Justice should expand efforts Campaign initiated by task force witness Chief to collect and analyze data not only on officer Mark Magraw to promote 100 percent seat belt deaths but also on injuries and “near misses.” usage relied on incentives and peer pressure for Another recommendation mentioned by multiple success. The message was, “it is not just about you, 118 witnesses is the establishment of a nationwide it is also about your family and your department.” repository of data on law enforcement injuries, There were also many calls for mandatory deaths, and near misses. Though the Federal requirements that all officers wear soft body Bureau of Investigation (FBI) does maintain a armor any time they are going to be engaging database of information pertinent to police in enforcement activities, uniformed or not. It procedures on officers killed in the line of duty, it was also suggested that law enforcement does not contain the medical details that could agencies be required to provide these for be analyzed by medical providers and scientists to all commissioned personnel. improve medical care, tactics, training, equipment, and procedures that would prevent or reduce injuries and save lives. The Police Foundation, with 6.7 recOmmendatiOn: Congress the support of a number of other law enforce- should develop and enact peer review error ment organizations, launched an online Law management legislation. Enforcement Near Miss Reporting System in late The task force recommends that Congress enact 2014, but it is limited in its ability to systematically legislation similar to the Healthcare Quality analyze national trends in this important data by Improvement Act of 1986119 that would support 116 its voluntary nature. the development of an effective peer review error management system for law enforcement similar 6.6 recOmmendatiOn: Law enforcement to what exists in medicine. A robust but nonpuni- agencies should adopt policies that require tive peer review error management program—in officers to wear seat belts and bullet-proof which law enforcement officers could openly and vests and provide training to raise awareness frankly discuss their own or others’ mistakes or of the consequences of failure to do so. Task Force on 21st Century Policing, Washington, DC, February 23, 2015). According to task force witness Craig Floyd, traffic 118. Listening Session on Officer Safety and Wellness (oral testimony of Mark Magraw, chief, Prince Georges County [MD] Police Department, for the President’s accidents have been the number one cause of Task Force on 21st Century Policing, Washington, DC, February 23, 2015). officer fatalities in recent years, and nearly half of 119. The Health Care Quality Improvement Act of 1986 (HCQIA), 42 USC §11101 those officers were not wearing seat belts.117 He et seq., sets out standards for professional review actions. If a professional review body meets these standards, then neither the professional review body nor any 116. Deborah L. Spence, “One on One with LEO Near Miss,” Community Policing person acting as a member or staff to the body will be liable in damages under Dispatch 8, no. 2 (February 2015), http://cops.usdoj.gov/html/dispatch/02-2015/ most federal or state laws with respect to the action. For more information, see leo_near_miss.asp. “Medical Peer Review,” American Medical Association, accessed February 28, 2015, 117. Listening Session on Officer Safety and Wellness (oral testimony of Craig http://www.ama-assn.org/ama/pub/physician-resources/legal-topics/medical- Floyd, National Law Enforcement Officer Memorial Foundation, for the President’s peer-review.page.

6 7 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

near misses without fear of legal repercussions— 6.8 recOmmendatiOn: The U.S. would go a long way toward reducing injuries and Department of Transportation should fatalities by improving tactics, policies, and proce- provide technical assistance opportunities for dures. Protecting peer review error management departments to explore the use of vehicles findings from being used in legal discovery would equipped with vehicle collision prevention enable the widespread adoption of this program “smart car” technology that will reduce the by law enforcement. number of accidents.

The Near Miss anonymous reporting system de- Given that the FBI’s 2003 to 2012 Law Enforcement veloped by the Police Foundation in Washington, Officers Killed in Action report showed that D.C., currently collects anonymous data that can 49 percent of officer fatalities were a result of be very helpful in learning from and preventing vehicle-related accidents, the need for protective mistakes, fatalities, and injuries—but a program devices cannot be understated. New technologies that enabled peer review of errors would provide such as vehicle collision prevention systems should even more valuable perspectives and solutions. be explored.

Figure 3. Total law enforcement fatalities from 1964–2014

Source: “126 Law Enforcement Fatalities Nationwide in 2014,” Preliminary 2014 Law Enforcement Officer Fatalities Report (Washington, DC: National Law Enforcement Officers Memorial Fund, December 2014), http://www.nleomf.org/assets/pdfs/reports/Preliminary-2014-Officer-Fatalities-Report.pdf.

6 8 IMPLEMENTATION

The members of the President’s Task Force on For recommendation 7.3, the COPS Office should 21st Century Policing are convinced that these 59 consider taking actions including but not limited concrete recommendations for research, action, to the following: and further study will bring long-term improve- yy Create a National Policing Practices and ments to the ways in which law enforcement Accountability Division within the COPS Office. agencies interact with and bring positive change yy Establish national benchmarks and best to their communities. But we also recognize that practices for federal, state, local, and tribal the Administration, through policies and practices police departments. already in place, can start right now to move yy Provide technical assistance and funding to forward on the bedrock recommendations in this national, state, local, and tribal accreditation report. Accordingly, we propose the following bodies that evaluate policing practices. items for immediate action. yy Recommend additional benchmarks and best practices for state training and standards boards. 7.1 Recommendation: The President should direct all federal law enforcement yy Provide technical assistance and funding to state training boards to help them meet agencies to review the recommendations national benchmarks and best practices in made by the Task Force on 21st Century training methodologies and content. Policing and, to the extent practicable, to yy Prioritize grant funding to departments adopt those that can be implemented at the meeting benchmarks. federal level. yy Support departments through an expansion of the COPS Office Collaborative Reform Initiative. 7.2 Recommendation: The U.S. yy Collaborate with universities, the Office of Department of Justice should explore Justice Programs and its bureaus (Bureau of public-private partnership opportunities, Justice Assistance [BJA], Bureau of Justice Statistics [BJS], National Institute of Justice starting by convening a meeting with local, [NIJ], and Office of Juvenile Justice and regional, and national foundations to discuss Delinquency Prevention [OJJDP]), and others the proposals for reform described in this to review research and literature in order report and seeking their engagement and to inform law enforcement agencies about evidence-based practices and to identify areas support in advancing implementation of of police operations where additional research these recommendations. is needed. yy Collaborate with the BJS to 7.3 Recommendation: The U.S. ƒƒ establish a central repository for data Department of Justice should charge its concerning police use of force resulting Office ofommunit C y Oriented Policing in death, as well as in-custody deaths, Services (COPS Office) with assisting the law and disseminate this data for use by both enforcement field in addressing current and community and police; future challenges.

6 9 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

PHOTO: BRANDON TRAMEL

ƒ provide local agencies with technical yy Collaborate with the NIJ and the BJS to publish assistance and a template to conduct an annual report on the “State of Policing” in local citizen satisfaction surveys; the United States.

ƒ compile annual citizen satisfaction yy Provide support to national police surveys based on the submission of leadership associations and national rank voluntary local surveys, develop a and file organizations to encourage them to national level survey as well as surveys implement task force recommendations. for use by local agencies and by small yy Work with the U.S. Department of Homeland geographic units, and develop questions Security to ensure that community to be added to the National Crime policing tactics in state, local, and tribal law Victimization Survey relating to citizen enforcement agencies are incorporated into satisfaction with police agencies and their role in homeland security. public trust. y Collaborate with the BJS and others to develop a template of broader indicators of performance for police departments beyond crime rates alone that could comprise a Uniform Justice Report.

7 0 APPENDIX A . PUBLIC LISTENING SESSIONS & WITNESSES The President’s Task Force on 21st Century Panel Four: Civil Rights / Civil Liberties Policing hosted multiple public listening sessions Sherrilyn Ifill, President and Director-Counsel, National Associ- to gain broad input and expertise from stakehold- ation for the Advancement of Colored People Legal Defense and ers. The information collected in these meetings Educational Fund informed and advised the task force in developing Maria Teresa Kumar, President and CEO, Voto Latino its recommendations. Laura Murphy, Director, Washington Legislative Office, American Civil Liberties Union Vikrant Reddy, Senior Policy Analyst, Texas Public Policy Founda- Listening Session 1. Building tion Center for Effective Justice Trust & Legitimacy Panel Five: Mayors Washington, D.C., January 13, 2015 Kevin Johnson, Sacramento Panel One: Subject Matter Experts Michael Nutter, Philadelphia Jennifer Eberhardt, Associate Professor of Psychology, Stephanie Rawlings-Blake, Baltimore Stanford University Charles Ogletree, Jesse Climenko Professor of Law, Harvard Listening Session 2. Policy Law School & Oversight Tom Tyler, Macklin Fleming Professor of Law and Professor of Psychology, Yale Law School Cincinnati, Ohio, January 30, 2015 Samuel Walker, Emeritus Professor of Criminal Justice, University Panel One: Use of Force Research and of Nebraska Omaha Policies Panel Two: Community Representatives Geoffrey Alpert, Professor, University of South Carolina Carmen Perez, Executive Director, The Gathering for Justice Mick McHale, President, National Association of Jim St. Germain, Co-Founder, Preparing Leaders of Police Organizations Tomorrow, Inc. Harold Medlock, Chief, Fayetteville (North Carolina) Jim Winkler, President and General Secretary, National Police Department Council of Churches of Christ in the USA Rashad Robinson, Executive Director, Color of Change Panel Three: Law Enforcement Panel Two: Use of Force Investigations Organizations and Oversight Richard Beary, President, International Association of Chiefs Sim Gill, District Attorney, Salt Lake County, Utah of Police Jay McDonald, President, Fraternal Order of Police of Ohio Chuck Canterbury, National President, Fraternal Order of Police Kirk Primas, Assistant Sheriff, Las Vegas Metropolitan Andrew Peralta, National President, National Latino Peace Police Department Officers Association Chuck Wexler, Executive Director, Police Executive Research Forum Richard Stanek, Immediate Past President, Major County Sheriffs’ Association

7 1 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Panel Three: Civilian Oversight Kenton Rainey, Chief, Bay Area Rapid Transit, San Francisco Charlie Beck, Chief, Los Angeles Police Department Richard Van Houten, Sergeant, Fort Worth (Texas) Police Brian Buchner, President, National Association for Civilian Officers Association Oversight of Law Enforcement Panel Three: Technology Policy Darius Charney, Senior Staff Attorney, Center for Eliot Cohen, Lieutenant, Maryland State Police Constitutional Rights Madhu Grewal, Policy Counsel, The Constitution Project Panel Four: Mass Demonstrations Bill Schrier, Senior Policy Advisor, Office of the Chief Information Christina Brown, Founding Organizer, Black Lives Officer, State of Washington Matter: Cincinnati Vincent Talucci, Executive Director / Chief Executive Officer, Garry McCarthy, Superintendent, Chicago Police Department International Association of Chiefs of Police Rodney Monroe, Chief, Charlotte-Mecklenburg (North Carolina) Panel Four: Social Media, Community Police Department Digital Engagement and Collaboration Sean Whent, Chief, Oakland (California) Police Department Hassan Aden, Director, Research and Programs, International Panel Five: Law Enforcement Culture Association of Chiefs of Police and Diversity DeRay McKesson, This is the Movement Malik Aziz, National Chairman, National Black Police Association Steve Spiker, Research and Technology Director, Urban Hayley Gorenberg, Deputy Legal Director, Lambda Legal Strategies Council Kathy Harrell, President, Fraternal Order of Police, Queen City Lauri Stevens, Founder and Principal Consultant, Lodge #69, Cincinnati, Ohio LAwS Communications Barbara O’Connor, President, National Association of Women Law Enforcement Executives Listening Session 4. Community Policing & Crime Reduction Listening Session 3. Technology Phoenix, Arizona, February 13, 2015 & Social Media Panel One: Community Policing and Cincinnati, Ohio, January 31, 2015 Crime Prevention Research Panel One: Body Cameras—Research Bill Geller, Director, Geller & Associates and Legal Considerations Dr. Delores Jones-Brown, Professor, John Jay College of Jim Bueermann, President, Police Foundation Criminal Justice, City University of New York Scott Greenwood, Attorney Dr. Dennis Rosenbaum, Professor, University of Illinois at Chicago Tracie Keesee, Co-Founder and Director of Research Partnerships, Center for Policing Equity Dr. Wesley G. Skogan, Professor, Northwestern University Bill Lewinski, Founder and Director, Force Science Institute Panel Two: Building Community Michael White, Professor, School of Criminology and Criminal Policing Organizations Justice, Arizona State University Anthony Batts, Police Commissioner, Baltimore Police Department Panel Two: Body Cameras—Implemen- tation Jeffrey Blackwell, Chief, Cincinnati (Ohio) Police Department Johanna Miller, Advocacy Director, New York Civil Liberties Union Chris Magnus, Chief, Richmond (California) Police Department Ken Miller, Chief, Greenville (South Carolina) Police Department Patrick Melvin, Chief, Salt River Police Department (Salt River Pima-Maricopa Indian Community)

7 2 A p p e n d i x A

Panel Three: Using Community Policing Dr. Steven Winegar, Coordinator, Public Safety Leadership to Reduce Crime Development, Oregon Department of Public Safety Standards and Training Kevin Bethel, Deputy Police Commissioner, Philadelphia Police Department Panel Two: In-Service Training Melissa Jones, Senior Program Officer, Boston’s Local Initiatives Dr. Scott Decker, Professor, Arizona State University Support Corporation Aaron Danielson, President, Public Safety Employee Association/ David Kennedy, Professor, John Jay College of Criminal Justice, AFSCME Local 803, Fairbanks, Alaska City University of New York Dr. Cheryl May, Director, Criminal Justice Institute and National J. Scott Thomson, Chief, Camden County (New Jersey) Center for Rural Law Enforcement Police Department John Ortolano, President, Arizona Fraternal Order of Police George Turner, Chief, Atlanta Police Department Gary Schofield, Deputy Chief, Las Vegas Metropolitan Panel Four: Using Community Policing Police Department to Restore Trust Panel Three: Supervisory, Leadership Rev. Jeff Brown, Rebuilding Every City Around Peace and Management Training Dwayne Crawford, Executive Director, National Organization of Edward Flynn, Chief, Milwaukee (Wisconsin) Police Department Black Law Enforcement Executives Sandra Hutchens, Sheriff, Orange County (California) Justin Hansford, Assistant Professor of Law, Saint Louis Sheriff’s Department University School of Law Kimberly Jacobs, Chief, Columbus (Ohio) Division of Police Cecil Smith, Chief, Sanford (Florida) Police Department John Layton, Sheriff, Marion County (Indiana) Sheriff’s Office Panel Five: Youth and Law Enforcement Dr. Ellen Scrivner, Executive Fellow, Police Foundation Delilah Coleman, Member, Navajo Nation (Senior at Flagstaff Panel Four: Voices in the Community High School) Allie Bones, MSW, Chief Executive Officer, Arizona Coalition to End Jose Gonzales, Alumnus, Foster Care and Crossover Youth Sexual and Domestic Violence Jamecia Luckey, Youth Conference Committee Member, Cocoa Renaldo Fowler, Senior Staff Advocate, Arizona Center for (Florida) Police Athletic League Disability Law Nicholas Peart, Staff Member, The Brotherhood-Sister Sol (Class Keeshan Harley, Member, Communities United for Police Reform Member, Floyd, et al. v. City of New York, et al.) Andrea Ritchie, Senior Policy Counsel, Streetwise and Safe Michael Reynolds, Co-President, Youth Power Movement Linda Sarsour, Executive Director, Arab American Association of New York Listening Session 5. Training Panel Five: Special Training on Building & Education Trust Phoenix, Arizona, February 14, 2015 Lt. Sandra Brown (retired), Principal Trainer, Fair and Panel One: Basic Recruit Academy Impartial Policing Arlen Ciechanowski, President, International Association of Dr. Randolph Dupont, Professor and Clinical Psychologist, Directors of Law Enforcement Standards and Training University of Memphis William J. Johnson, Executive Director, National Association of David C. Friedman, Regional Director of National Law Police Organizations Enforcement Initiatives, Anti-Defamation League Benjamin B. Tucker, First Deputy Commissioner, New York City Lt. Bruce Lipman (retired), Procedural Justice /Police Legitimacy Police Department Training Dr. Ronal Serpas, Advisory Board Member, Cure Violence Chicago

7 3 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Listening Session 6. Officer Safety Jonathan Thompson, Executive Director, National & Wellness Sheriffs’ Association Panel Four: Labor/Management Washington, D.C., February 23, 2015 Relations Panel One: Officer Wellness Dr. Chuck Wexler, Executive Director, Police Executive Dr. Laurence Miller, Clinical Forensic Psychologist and Law Research Forum Enforcement Educator Karen Freeman-Wilson, Mayor, Gary, Indiana David Orr, Sergeant, Norwalk (Connecticut) Police Department Mark Magaw, Chief, Prince George’s County (Maryland) Dr. Sandra Ramey, Assistant Professor, University of Iowa Police Department College of Nursing James Pasco, Executive Director, Fraternal Order of Police Dr. John Violanti, Research Professor, State University of New Dustin Smith, President, Sacramento (California) Police York Buffalo Officers Association Yost Zakhary, Public Safety Director, City of Woodway, Texas Panel Two: Officer Safety Listening Session 7. Future of Jane Castor, Chief, Tampa (Florida) Police Department Community Policing Jerry L. Demings, Sheriff, Orange County (Florida) Sheriff’s Office Washington, D.C., February 24, 2015 Dr. Alexander L. Eastman, Lieutenant and Deputy Medical Panel: Future of Community Policing Director, Dallas Police Department Dr. Phillip Goff, Professor, University of California, Los Angeles Craig W. Floyd, Chairman and Chief Executive Officer, National Law Enforcement Officers Memorial Fund Jim McDonnell, Sheriff, Los Angeles County Sheriff’s Department Panel Three: Voices from the Field Dr. Daniel Nagin, Teresa and H. John Heinz III Professor of Public Policy, Carnegie Mellon University Dianne Bernhard, Executive Director, Concerns of Police Survivors Dr. Lawrence Sherman, Director of the Institute of Criminology of the University of Cambridge, United Kingdom Robert Bryant, Chief, Penobscot Nation Jeremy Travis, President, John Jay College of Criminal Justice, City Chuck Canterbury, National President, Fraternal Order of Police University of New York William J. Johnson, Executive Director, National Association of Police Organizations

7 4 APPENDIX B . INDIVIDUALS & ORGANIZATIONS THAT SUBMITTED WRITTEN TESTIMONY In addition to receiving testimony from those Eli Briggs, Director of Government Affairs, National Association of individuals that appeared as witnesses during public County and City Health Officials (NACCHO) listening sessions, the President’s Task Force on 21st Cherie Brown, Executive Director, National Coalition Century Policing accepted written testimony from Building Institute any individual or organization to ensure that its infor- Steven Brown, Journalist / Public Relations Consultant mation gathering efforts included as many people Chris Calabrese, Senior Policy Director, Center for Democracy and perspectives as possible. The task force thanks and Technology—with Jake Laperruque, Fellow on Privacy, the individuals and organizations who submitted Surveillance, and Security written testimony for their time and expertise. Melanie Campbell, President and CEO, National Coalition on Black Civic Participation This list reflects organizational affiliation at the time Mo Canady, Executive Director, National Association of School of testimony submission and may not represent Resource Officers (NASRO) submitters’ current positions. Hugh Carter Donahue, Adjunct Professor, Department of History, Rowan University Individuals Anthony Chapa, President, Hispanic American Police Command Officers Association Robert Abraham, Chair, Gang Resistance Education & Training Lorig Charkoudian, Executive Director, Community (GREAT) National Policy Board Mediation Maryland Phillip Agnew, Executive Director, Dream Defenders Ralph Clark, President and CEO, SST Inc. Kilolo Ajanaku, National Executive Director, World Conference of Faye Coffield CJ Federal Task Force Mayors’ Dr. Martin Luther King, Jr. American Dream Initiative The Hon. LaDoris Cordell, Office of the Independent Police Barbara Attard, Past President, National Association for Civilian Auditor, San Jose, California Oversight of Law Enforcement Jill Corson Lake, Director of Global Advising, Parsons The New Paul Babeu, Vice President, Arizona Sheriffs Association School for Design Monifa Bandele, Communities United for Police Reform David Couper, Chief of Police (retired), Madison (Wisconsin) Dante Barry, Executive Director, Million Hoodies Police Department David Bayley, Distinguished Professor Emeritus, University Madeline deLone, Executive Director, The Innocence Project— of Albany with Marvin Anderson, Board Member Michael Bell, Lt. Colonel (retired), United States Air Force Jimmie Dotson, Police Chief (retired), Houston Independent School District / GeoDD GeoPolicing Team Michael Berkow, Chief, Savannah (Georgia) Police Department Ronnie Dunn, Professor, Cleveland State University Greg Berman and Emily Gold LaGratta, Center for Court Innovation Lauren-Brooke Eisen and Nicole Fortier – Counsel, Justice Program, Brennan Center for Justice at NYU School of Law Angela Glover Blackwell, Founder and CEO, PolicyLink Christian Ellis, CEO, Alternative Ballistics Mark Bowman, Assistant Professor of Justice Studies, Methodist University Jeffrey Fagan, Professor of Law, Columbia Law School

7 5 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Mai Fernandez, Executive Director, National Center for Victims Wade Henderson, President and CEO, The Leadership Conference of Crime on Civil and Human Rights—with Nancy Zirkin, Executive Johnny Ford, Founder, Alabama Conference of Black Mayors and Vice President Mayor, Tuskegee, Alabama Maulin Chris Herring, Trainer/Consultant, Public Safety Lisa Foster, Director, Access to Justice Initiative, U.S. Department Sandy Holman, Director, The Culture CO-OP of Justice Zachary Horn and Kent Halverson, Aptima, Inc.— Neill Franklin, Executive Director, Law Enforcement with Rebecca Damari and Aubrey Logan-Terry, Against Prohibition Georgetown University S. Gabrielle Frey, Interim Executive Director, National Association Tanya Clay House, Director of Public Policy, Lawyers’ Committee of Community Mediation for Civil Rights Under Law Lorie Fridell, Associate Professor of Criminology, University of Susan Hutson, Office of the Independent Police Monitor, South Florida New Orleans Allen Frimpong, Activist--Malcolm X Grassroots Movement: Ingram Janaye, Executive Director, National Action Network New York’s Self Defensive Campaign Melanie Jeffers Ethan Garcia, Youth Specialist, Identity Inc. Megan Johnston, Executive Director, Northern Virginia Michael Gennaco, Principal, OIR Group Mediation Service Al Gerhardstein, Civil Rights Attorney Nola Joyce, Deputy Commissioner, Philadelphia Police Department James Gierach, Executive Board Vice Chairman, Law Enforcement Keith Kauffman, Captain, Hawthorne (California) Against Prohibition Police Department Fred Ginyard, Organizing Director, Fabulous Independent Gwendolyn Puryear Keita, Executive Director, American Educated Radical for Community Empowerment (FIERCE) Psychological Association, Public Interest Directorate Mark Gissiner, Past President, International Association for Civilian Stanley Knee, Chief, Austin (Texas) Police Department Oversight of Law Enforcement Laura Kunard, Senior Research Scientist, CNA Corporation Becca Gomby, SDR Academy David Kurz, Chief, Durham (New Hampshire) Police Department Rev. Aaron Graham, Lead Pastor, The District Church Deborah Lauter, Director of Civil Rights, Anti-Defamation Fatima Graves, Vice President, National Women’s Law Center— League—with Michael Lieberman, Washington Counsel with Lara S. Kaufmann, Senior Counsel and Director of Cynthia Lum and Christopher Koper, George Mason Education Policy for At-Risk Students University, Center for Evidence-Based Crime Policy Virgil Green, Chairman, Future America National Crime Bruce Lumpkins Solution Commission Edward Maguire, Professor of Justice, Law & Criminology, Sheldon Greenberg, Professor, School of Education, Division of American University Public Safety Leadership, The Johns Hopkins University Baron Marquis, Member, Riverside Church, New York Robert Haas, Police Commissioner, Cambridge (Massachusetts) Police Department Travis Martinez, Lieutenant, Redlands (California) Police Department David Harris, Distinguished Faculty Scholar and Professor of Law Associates Dean for Research, University of Pittsburgh School of Law Mike Masterson, Chief, Boise (Idaho) Police Department W. Craig Hartley, Executive Director, CALEA Andrew Mazzara, Executive Director, International Law Enforcement Forum—with Colin Burrows QMP (U.K.), ILEF Steven Hawkins, Executive Director, Amnesty International USA Advisory Board Chair Louis Hayes, The Virtus Group, Inc. R. Paul McCauley, Past President, Academy of Criminal Justice Sciences

7 6 A p p e n d i x B

V. Michael McKenzie Darakshan Raja, Program Manager, Washington Peace Center Harvey McMurray, Chair, Department of Criminal Justice, North Sir Desmond Rea and Robin Masefield, Northern Ireland Carolina Central University Policing Board Pamela Meanes, President, National Bar Association Nuno Rocha Doug Mellis, President, Massachusetts Chiefs of Police Associa- Edwin Roessler, Jr., Chief, Fairfax County (Virginia) tion—with Brian Kyes, President, Massachusetts Major City Police Department Chiefs Association Jeffrey Rojek, University of Texas at El Paso Seth Miller, President, The Innocence Network Iris Roley, Black United Front of Cincinnati Charlene Moe, Program Coordinator, Center for Public Safety Julia Ryan, Community Safety Initiative Director, LISC and Justice, Institute of Government and Public Affairs, University of Illinois Robert Samuels, Former Acting Director, DOJ Executive Office for Weed and Seed Marc Morial, CEO, National Urban League Kami Chavis Simmons, Professor of Law and Director of the Richard Myers, Chief, Newport News (Virginia) Police Department Criminal Justice Program, Wake Forest University School of Law Toye Nash, Sergeant, Phoenix Police Department Russell Skiba, Professor and Director, Equity Project at Rebecca Neri and Anthony Berryman – UCLA Indiana University Improvement by Design Research Group Ronald Sloan, President, Association of State Criminal Chuck Noerenberg, President, National Alliance for Drug Investigative Agencies Endangered Children Samuel Somers, Jr., Chief, Sacramento Police Department Newell Normand, Sheriff, Jefferson Parish (Louisiana) Sherriff’s Brett Stoudt, Morris Justice Project and Professor, John Jay College Office—submitted with Adrian Garcia, Sheriff, Harris County of Criminal Justice (Texas) Sheriff’s Office; David Mahoney, Sheriff, Dane County (Wisconsin) Sheriff’s Office; Anthony Normore, Ph.D., Crim- “Think Tank Johnny” inal Justice Commission for Credible Leadership Development; and Don Tijerina, President, Hispanic American Police Command Mitch Javidi, Ph.D., International Academy of Public Safety Officers Association Gbadegesin Olubukola, St. Louis University Nicholas Turner, President and Director, Vera Institute of Justice Patrice O’Neill, CEO/Executive Producer, Not In Our Town James Unnever, Professor of Criminology, University of Jim Palmer, Executive Director, Wisconsin Professional South Florida Police Association Javier Valdes, Executive Director, Make the Road New York Julie Parker, Media Relations Division Director, Prince George’s Kim Vansell, Director, National Center for Campus Public Safety County (Maryland) Police Department Nina Vinik, Program Director, Gun Violence Prevention, George Patterson, Associate Professor, City University The Joyce Foundation of New York Vincent Warren, Executive Director, Center for David Perry, President, International Association of Campus Law Constitutional Rights Enforcement Administrators (IACLEA) Barbara Weinstein, Associate Director, Religious Action Center Megan Price, Director, Insight Conflict Resolution Program, School of Reform Judaism for Conflict Analysis and Resolution, George Mason University Jenny Yang, Chair, U.S. Equal Employment Sue Quinn, Past President, National Association for Civilian Opportunity Commission Oversight of Law Enforcement Tess Raser, Teacher, Brooklyn, New York

7 7 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Organizations Local Initiatives Support Corporation (LISC) Major County Sheriffs’ Association American Friends Service Committee Make the Road New York American Society of Criminology, Division of Policing, Ad Hoc Commit- tee to the President’s Task Force on 21st Century Policing (Anthony National Action Network (NAN) Braga, Rod K. Brunson, Gary Cordner, Lorie Fridell, Matthew National Association for Civilian Oversight of Law Enforcement Hickman, Cynthia Lum, Stephen D. Mastrofski, Jack McDevitt, Dennis National Association of Counties P. Rosenbaum, Wesley G. Skogan, and William Terrill) National Association of Police Organizations Brooklyn Defender Services National Association of Women Law Enforcement Executives The Bronx Defenders National Collaborative for Health Equity, Dellums Commission Center for Popular Democracy National Day Laborer Organizing Network Civil Rights Coalition on Police Reform National Immigration Law Center CNA Corporation (George Fachner, Michael D. White, James R. Coldren, Jr., and James K. Stewart) National Fraternal Order of Police Color of Change National Organization of Black Law Enforcement Executives (NOBLE) Dignity in Schools Campaign National Sheriffs’ Association Ethics Bureau at Yale (Lawrence Fox, Supervising Lawyer) New Sanctuary Coalition of New York Evangelical Lutheran Church in America Northern Manhattan Coalition for Immigrant Rights Harvard Kennedy School (John F. Kennedy School of Government) Northwest Immigrant Rights Project Illinois Coalition for Immigrant and Refugee Rights PICO National Network Immigrant Defense Project Public Science Project International Association for Human Values (IAHV) / Works of Santa Fe College and the Santa Fe College Police Department, Wonder International Gainesville, Florida Latino Justice Southern Poverty Law Center Lawyers’ Committee for Civil Rights Under Law (including A. Phillip Streetwise & Safe Randolph Institute, Black Youth Vote, Empowerment Movement, Team Kids Hip Hop Caucus, Leadership Conference on Civil and Human Rights, Muslim Advocates, National Association for the Advancement Works of Wonder International of Colored People [NAACP], NAACP Legal Defense Fund, National Coalition on Black Civic Participation, National Council of Churches of Christ in the USA, PICO National Network, and Rainbow PUSH Coalition)

7 8 APPENDIX C . EXECUTIVE ORDER 13684 OF DECEMBER 18, 2014

By the authority vested in me as President by the (b) The Director of the Office of Community Constitution and the laws of the United States of Oriented Policing Services shall serve as Executive America, and in order to identify the best means Director of the Task Force and shall, as directed by to provide an effective partnership between law the Co-Chairs, convene regular meetings of the enforcement and local communities that reduces Task Force and supervise its work. crime and increases trust, it is hereby ordered as follows: (c) In carrying out its mission, the Task Force shall be informed by, and shall strive to avoid duplicat- Section 1. Establishment. There is established a ing, the efforts of other governmental entities. President’s Task Force on 21st Century Policing (Task Force). (d) The Department of Justice shall provide administrative services, funds, facilities, staff, Sec. 2. Membership. (a) The Task Force shall be equipment, and other support services as may be composed of not more than eleven members necessary for the Task Force to carry out its mission appointed by the President. The members shall to the extent permitted by law and subject to the include distinguished individuals with relevant availability of appropriations. experience or subject-matter expertise in law enforcement, civil rights, and civil liberties. (e) Members of the Task Force shall serve without any additional compensation for their work on the (b) The President shall designate two members of Task Force, but shall be allowed travel expenses, the Task Force to serve as Co-Chairs. including per diem, to the extent permitted by law for persons serving intermittently in the Govern- Sec. 3. Mission. (a) The Task Force shall, consistent ment service (5 U.S.C.5701-5707). with applicable law, identify best practices and otherwise make recommendations to Sec. 5. Termination. The Task Force shall terminate the President on how policing practices can 30 days after the President requests a final report promote effective crime reduction while from the Task Force. building public trust. Sec. 6. General Provisions. (a) Nothing in this order (b) The Task Force shall be solely advisory and shall shall be construed to impair or otherwise affect: submit a report to the President by March 2, 2015. (i) the authority granted by law to a department, Sec. 4. Administration. (a) The Task Force shall hold agency, or the head thereof; or public meetings and engage with Federal, State, tribal, and local officials, technical advisors, and (ii) the functions of the Director of the Office of nongovernmental organizations, among others, as Management and Budget relating to budgetary, necessary to carry out its mission. administrative, or legislative proposals.

7 9 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

(b) This order is not intended to, and does not, (c) Insofar as the Federal Advisory Committee Act, create any right or benefit, substantive or proce- as amended (5 U.S.C. App.) (the “Act”) may apply dural, enforceable at law or in equity by any party to the Task Force, any functions of the President against the United States, its departments, agen- under the Act, except for those in section 6 of the cies, or entities, its officers, employees, or agents, Act, shall be performed by the Attorney General. or any other person. THE WHITE HOUSE, December 18, 2014.

8 0 APPENDIX D . TASK FORCE MEMBERS’ BIOGRAPHIES Co-Chairs Laurie Robinson Laurie Robinson is the Clarence J. Robinson Charles Ramsey Professor of Criminology, Law and Society at Charles Ramsey is the commissioner of the George Mason University, a position she has Philadelphia Police Department (PPD), a position held since 2012. She served as assistant attorney he has held since 2008. Since 2010, he has served general for the Office of Justice Programs (OJP) in as president of the Major Cities Chiefs Association the U.S. Department of Justice (DOJ) from 2009 and the Police Executive Research Forum. Commis- to 2012. Prior to that, Ms. Robinson served as the sioner Ramsey began his law enforcement career Principal deputy assistant attorney general for in 1968 as a cadet with the Chicago Police Depart- OJP and acting assistant attorney general for OJP. ment (CPD). Over the next 30 years, he held various Previously, she was a member of the Obama-Biden positions with the CPD, including commander of Transition Team. From 2003 to 2009, Ms. Robinson the Narcotics Division, deputy chief of the Patrol was the director of the Master of Science Program Division, and deputy superintendent, a role he held in Criminology at the University of Pennsylvania. from 1994 to 1998. In 1998, he was named chief of From 1993 to 2000, she served her first term as the Metropolitan Police Department of the District assistant attorney general for OJP. Before joining of Columbia (MPDC), where he served until early DOJ, Ms. Robinson spent over 20 years with the 2007. In 2007, Commissioner Ramsey served on American Bar Association, serving as assistant staff the Independent Commission on Security Forces director of the Criminal Justice Section from 1972 of Iraq, leading a review of the Iraqi Police Force. to 1979, director of the Criminal Justice Section In addition to his current role at the PPD, he also from 1979 to 1993, and director of the Professional serves as a member of the Homeland Security Services Division from 1986 to 1993. She is a senior Advisory Council. Commissioner Ramsey received a fellow at the George Mason University Center for BS and MS from Lewis University. Evidence-Based Crime Policy and serves as co- chair of the Research Advisory Committee for the International Association of Chiefs of Police. She also serves on the board of trustees of the Vera Institute of Justice. Ms. Robinson received a BA from Brown University.

8 1 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Members committee of Communities United for Police Reform, a New York City organization advocating Cedric L. Alexander for law enforcement reform. From 2001 to 2004, Cedric L. Alexander is the deputy chief operating he was an active contributor to the Radio Rookies officer for Public Safety in DeKalb County, Georgia, Project, an initiative of New York Public Radio. He a position he has held since late 2013. Dr. Alexan- received a BA from Hofstra University. der is also the national president of the National Organization of Black Law Enforcement Executives. Tracey L. Meares In 2013, he served as chief of police for the DeKalb Tracey Meares is the Walton Hale Hamilton County Police Department. Prior to this, Dr. Alex- Professor of Law at Yale Law School, a position she ander served as federal security director for the has held since 2007. From 2009 to 2011, she also Transportation Security Administration (TSA) at Dal- served as deputy dean of Yale Law School. Before las/Fort Worth International Airport from 2007 to joining the faculty at Yale, she served as a profes- 2013. And from 2006 to 2007, he was deputy com- sor at the University of Chicago Law School from missioner of the New York State Division of Criminal 1995 to 2007. She has served on the Committee Justice Services. From 2005 to 2006, Dr. Alexander on Law and Justice, a National Research Council was chief of the Rochester (New York) Police Standing Committee of the National Academy Department (RPD), where he previously served as of Sciences. She was appointed by Attorney deputy chief of police from 2002 to 2005. Before General Eric Holder to serve on the inaugural U.S. joining RPD, Dr. Alexander was a faculty member Department of Justice, Office of Justice Programs in the Department of Psychiatry at the University Science Advisory Board. She also currently serves of Rochester Medical Center from 1998 to 2002. on the board of directors of the Joyce Foundation. He began his career as a deputy sheriff in Florida Ms. Meares began her legal career as a law clerk from 1977 to 1981, before joining the Miami-Dade for Judge Harlington Wood, Jr. of the U.S. Court of Police Department, where he was as an officer and Appeals for the Seventh Circuit. She later served detective from 1981 to 1992. He received a BA and as a trial attorney in the Antitrust Division at the MS from St. Thomas University in Miami, Florida, U.S. Department of Justice. Ms. Meares received a and a PsyD from Wright State University. BS from the University of Illinois and a JD from the University of Chicago Law School. Jose Lopez Jose Lopez is currently the lead organizer at Make Brittany N. Packnett the Road New York (MRNY), a Brooklyn-based Brittany Packnett is currently executive director of non-profit community organization focused on Teach For America in St. Louis, Missouri, a position civil rights, education reform, and combating she has held since 2012. From 2010 to 2012, she poverty. He became lead organizer of MRNY in was a director on the Government Affairs Team at 2013. Mr. Lopez began his career in 2000 as youth Teach For America. Ms. Packnett was a legislative organizer with Make the Road by Walking, which assistant for the U.S. House of Representatives later merged with the Latin American Integration from 2009 to 2010. From 2007 to 2009, she was a Center to form MRNY in 2007. He continued to third grade teacher in Southeast Washington, D.C., serve as youth organizer with MRNY until 2009 as a member of the Teach For America Corps. Ms. when he became senior organizer. Since 2011, Packnett has volunteered as executive director Mr. Lopez has represented MRNY on the steering

8 2 A p p e n d i x D

of Dream Girls DMV, a mentoring program for Constance Rice young girls, and was the founding co-chair of The Constance Rice is a civil rights attorney and Collective-DC, a regional organization for Teach For co-director of the Advancement Project, an America alumni of color. She currently serves on organization she co-founded in 1999. In 2003, Ms. the board of New City School, the COCA (Center of Rice was selected to lead the Blue Ribbon Ram- Creative Arts) Associate Board, the Urban League of part Review Panel, which investigated the largest Metro St. Louis Education Committee, and the John police corruption scandal in Los Angeles Police Burroughs School Board Diversity Committee. Ms. Department history. In 1991, Ms. Rice joined the Packnett received a BA from Washington University NAACP Legal Defense and Educational Fund, and in St. Louis and an MA from American University. she became co-director of the Los Angeles office in 1996. She was previously an associate at Morri- Susan Lee Rahr son & Foerster and began her legal career as a law Susan Rahr is executive director of the Washington clerk to Judge Damon J. Keith of the U.S. Court of State Criminal Justice Training Commission, a Appeals for the Sixth Circuit. Ms. Rice received a BA position she has held since 2012. From 2005 to from Harvard College and a JD from the New York 2012, she served as the first female sheriff in King University School of Law. County, Washington. Ms. Rahr spent over 30 years as a law enforcement officer, beginning as a patrol Sean Michael Smoot officer and undercover narcotics officer. While Sean Smoot is currently director and chief counsel serving with the King County Sheriff’s Office, she for the Police Benevolent & Protective Association held various positions including serving as the of Illinois (PB&PA) and the Police Benevolent Labor commander of the Internal Investigations and Committee (PBLC), positions he has held since Gang Units; commander of the Special Investi- 2000. He began his career with PB&PA and PBLC gations Section; and police chief of Shoreline, as a staff attorney in 1995, before becoming chief Washington. Ms. Rahr received a BA from Washing- counsel of both organizations in 1997. Since 2001, ton State University. She has served as a member Mr. Smoot has served as the treasurer of the Na- of the National Institute of Justice and Harvard tional Association of Police Organizations and has Kennedy School Executive Session on Policing served on the Advisory Committee for the Nation- and Public Safety; president of the Washington al Law Enforcement Officers’ Rights Center since State Association of Sheriffs and Police Chiefs, 1996. From 2008 to 2009, he was a policy advisor and an executive board member of the National to the Obama-Biden Transition Project on public Sheriffs’ Association. safety and state and local police issues and was a member of the National Institute of Justice and Harvard Kennedy School of Government Executive Session on Policing and Public Safety from 2008 to 2011. Mr. Smoot served as police commissioner of Leland Grove, Illinois, from 1998 to 2008. He received a BS from Illinois State University and a JD from Southern Illinois University School of Law.

8 3 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

Bryan Stevenson Roberto Villaseñor Bryan Stevenson is founder and executive director Roberto Villaseñor is chief of police for the Tucson of the Equal Justice Initiative (EJI), a private, non- (Arizona) Police Department (TPD), a position he profit organization headquartered in Montgomery, has held since 2009. He joined the TPD in 1980 Alabama. In addition to directing the EJI since and has served as officer, sergeant, lieutenant, and 1989, he is a clinical professor at New York Uni- captain and as assistant chief from 2000 to 2009. versity School of Law. He previously has served as Chief Villaseñor was named Officer of the Year a visiting professor of law at the University of Mich- for the TPD in 1996 and has been awarded the igan School of Law. Mr. Stevenson has received TPD Medal of Merit three times. He also received the American Bar Association’s Wisdom Award the TPD Medal of Distinguished Service. Chief for public service, the ACLU’s National Medal Villaseñor is the incoming president of the Arizona of Liberty, and the MacArthur Foundation Association of Chiefs of Police and a board mem- “Genius” Award Prize. Mr. Stevenson received a ber of the Police Executive Research Forum (PERF). BA from Eastern College (now Eastern University), He received a BS from Park University and a MEd a JD from Harvard Law School, and an MPP from from Northern Arizona University. the John F. Kennedy School of Government at Harvard University.

8 4 APPENDIX E . RECOMMENDATIONS AND ACTIONS

0.1 Overarching recOmmendatiOn: 1.3 recOmmendatiOn: Law enforcement The President should support and provide agencies should establish a culture of funding for the creation of a National Crime transparency and accountability in order to and Justice Task Force to review and evaluate build public trust and legitimacy. This will help all components of the criminal justice system ensure decision making is understood and in for the purpose of making recommendations accord with stated policy. to the country on comprehensive criminal justice reform. 1.3.1 actiOn item: To embrace a culture of transparency, law enforcement agencies should 0.2 Overarching recOmmendatiOn: make all department policies available for public The President should promote programs that review and regularly post on the department’s take a comprehensive and inclusive look at website information about stops, summonses, ar- community-based initiatives that address rests, reported crime, and other law enforcement the core issues of poverty, education, health, data aggregated by demographics. and safety. 1.3.2 actiOn item: When serious incidents 1.1 recOmmendatiOn: Law enforcement occur, including those involving alleged police culture should embrace a guardian mindset to misconduct, agencies should communicate build public trust and legitimacy. Toward that with citizens and the media swiftly, openly, and end, police and sheriffs’ departments should neutrally, respecting areas where the law requires adopt procedural justice as the guiding confidentiality. principle for internal and external policies and practices to guide their interactions with the 1.4 recOmmendatiOn: Law enforcement citizens they serve. agencies should promote legitimacy internally within the organization by applying the 1.2 recOmmendatiOn: Law enforcement principles of procedural justice. agencies should acknowledge the role of policing in past and present injustice and 1.4.1 actiOn item: In order to achieve discrimination and how it is a hurdle to the internal legitimacy, law enforcement agencies promotion of community trust. should involve employees in the process of developing policies and procedures.

1.2.1 actiOn item: The U.S. Department of Justice should develop and disseminate case studies 1.4.2 actiOn item: Law enforcement that provide examples where past injustices were agency leadership should examine publicly acknowledged by law enforcement agen- opportunities to incorporate procedural justice cies in a manner to help build community trust. into the internal discipline process, placing

8 5 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

additional importance on values adherence 1.6 recOmmendatiOn: Law enforcement rather than adherence to rules. Union agencies should consider the potential leadership should be partners in this process. damage to public trust when implementing crime fighting strategies. 1.5 recOmmendatiOn: Law enforcement agencies should proactively promote public 1.6.1 actiOn item: Research conducted trust by initiating positive nonenforcement to evaluate the effectiveness of crime fighting activities to engage communities that strategies should specifically look at the potential typically have high rates of investigative and for collateral damage of any given strategy on enforcement involvement with government community trust and legitimacy. agencies. 1.7 recOmmendatiOn: Law enforcement 1.5.1 actiOn item: In order to achieve agencies should track the level of trust in external legitimacy, law enforcement agencies police by their communities just as they should involve the community in the process of measure changes in crime. Annual community developing and evaluating policies and proce- surveys, ideally standardized across dures. jurisdictions and with accepted sampling protocols, can measure how policing in that 1.5.2 actiOn item: Law enforcement agen- community affects public trust. cies should institute residency incentive programs such as Resident Officer Programs. 1.7.1 actiOn item: The Federal Gov- ernment should develop survey tools and 1.5.3 actiOn item: Law enforcement agen- instructions for use of such a model to prevent cies should create opportunities in schools and local departments from incurring the expense and communities for positive nonenforcement interac- to allow for consistency across jurisdictions. tions with police. Agencies should also publicize the beneficial outcomes and images of positive, 1.8 recOmmendatiOn: Law enforcement trust-building partnerships and initiatives. agencies should strive to create a workforce that contains a broad range of diversity 1.5.4 actiOn item: Use of physical control including race, gender, language, life equipment and techniques against vulnerable experience, and cultural background to populations—including children, elderly persons, improve understanding and effectiveness in pregnant women, people with physical and men- dealing with all communities. tal disabilities, limited English proficiency, and others—can undermine public trust and should 1.8.1 actiOn item: The Federal Govern- be used as a last resort. Law enforcement agencies ment should create a Law Enforcement Diversity should carefully consider and review their policies Initiative designed to help communities diversify towards these populations and adopt policies if law enforcement departments to reflect the none are in place. demographics of the community.

8 6 A p p e n d i x E

1.8.2 actiOn item: The department 1.9.3 actiOn item: The U.S. Department overseeing this initiative should help localities of Justice should not include civil immigration learn best practices for recruitment, training, information in the FBI’s National Crime Informa- and outreach to improve the diversity as well as tion Center database. the cultural and linguistic responsiveness of law enforcement agencies. 2.1 recOmmendatiOn: Law enforcement agencies should collaborate with community 1.8.3 actiOn item: Successful law en- members to develop policies and strategies forcement agencies should be highlighted and in communities and neighborhoods celebrated and those with less diversity should be disproportionately affected by crime for offered technical assistance to facilitate change. deploying resources that aim to reduce crime by improving relationships, greater 1.8.4 actiOn item: Discretionary federal community engagement, and cooperation. funding for law enforcement programs could be influenced by that department’s efforts to 2.1.1 actiOn item: The Federal Gov- improve their diversity and cultural and linguistic ernment should incentivize this collaboration responsiveness. through a variety of programs that focus on public health, education, mental health, and other 1.8.5 actiOn item: Law enforcement programs not traditionally part of the criminal agencies should be encouraged to explore more justice system. flexible staffing models. 2.2 recOmmendatiOn: Law enforcement 1.9 recOmmendatiOn: Law enforcement agencies should have comprehensive policies agencies should build relationships based on the use of force that include training, on trust with immigrant communities. This is investigations, prosecutions, data collection, central to overall public safety. and information sharing. These policies must be clear, concise, and openly available for 1.9.1 actiOn item: Decouple federal immi- public inspection. gration enforcement from routine local policing for civil enforcement and nonserious crime. 2.2.1 actiOn item: Law enforcement agency policies for training on use of force should emphasize de-escalation and alternatives to arrest 1.9.2 actiOn item: Law enforcement or summons in situations where appropriate. agencies should ensure reasonable and equitable language access for all persons who have encounters with police or who enter the 2.2.2 actiOn item: These policies should criminal justice system. also mandate external and independent criminal investigations in cases of police use of force result- ing in death, officer-involved shootings resulting in injury or death, or in-custody deaths.

8 7 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

2.2.3 actiOn item: The task force encour- 2.5 recOmmendatiOn: All federal, state, ages policies that mandate the use of external and local, and tribal law enforcement agencies independent prosecutors in cases of police use of should report and make available to the force resulting in death, officer-involved shootings public census data regarding the composition resulting in injury or death, or in-custody deaths. of their departments including race, gender, age, and other relevant demographic data. 2.2.4 actiOn item: Policies on use of force should also require agencies to collect, maintain, 2.5.1 actiOn item: The Bureau of Justice and report data to the Federal Government on Statistics should add additional demographic all officer-involved shootings, whether fatal or questions to the Law Enforcement Management nonfatal, as well as any in-custody death. and Administrative Statistics (LEMAS) survey in order to meet the intent of this recommendation.

2.2.5 actiOn item: Policies on use of force should clearly state what types of information 2.6 recOmmendatiOn: Law enforcement will be released, when, and in what situation, to agencies should be encouraged to collect, maintain transparency. maintain, and analyze demographic data on all detentions (stops, frisks, 2.2.6 actiOn item: Law enforcement agen- searches, summons, and arrests). This cies should establish a Serious Incident Review data should be disaggregated by school Board comprising sworn staff and community and non-school contacts. members to review cases involving officer- involved shootings and other serious incidents 2.6.1 actiOn item: The Federal Gov- that have the potential to damage community ernment could further incentivize universities trust or confidence in the agency. The purpose of and other organizations to partner with police this board should be to identify any administra- departments to collect data and develop knowl- tive, supervisory, training, tactical, or policy issues edge about analysis and benchmarks as well as that need to be addressed. to develop tools and templates that help depart- ments manage data collection and analysis.

2.3 recOmmendatiOn: Law enforcement agencies are encouraged to implement 2.7 recOmmendatiOn: Law enforcement nonpunitive peer review of critical incidents agencies should create policies and separate from criminal and administrative procedures for policing mass demonstrations investigations. that employ a continuum of managed tactical resources that are designed to minimize the appearance of a military operation and avoid 2.4 recOmmendatiOn: Law enforcement using provocative tactics and equipment that agencies are encouraged to adopt undermine civilian trust. identification procedures that implement scientifically supported practices that eliminate or minimize presenter bias or influence.

8 8 A p p e n d i x E

2.7.1 actiOn item: Law enforcement investigative contacts with citizens for reasons agency policies should address procedures not directly related to improving public safety, for implementing a layered response to mass such as generating revenue. demonstrations that prioritize de-escalation and a guardian mindset. 2.10 recOmmendatiOn: Law enforcement officers should be required to 2.7.2 actiOn item: The Federal Govern- seek consent before a search and explain ment should create a mechanism for investigating that a person has the right to refuse consent complaints and issuing sanctions regarding the when there is no warrant or probable inappropriate use of equipment and tactics during cause. Furthermore, officers should ideally mass demonstrations. obtain written acknowledgement that they have sought consent to a search in these circumstances. 2.8 recOmmendatiOn: Some form of civilian oversight of law enforcement is important in order to strengthen trust with 2.11 recOmmendatiOn: Law the community. Every community should enforcement agencies should adopt policies define the appropriate form and structure of requiring officers to identify themselves civilian oversight to meet the needs of that by their full name, rank, and command (as community. applicable) and provide that information in writing to individuals they have stopped. In 2.8.1 actiOn item: The U.S. Department of addition, policies should require officers to Justice, through its research arm, the National In- state the reason for the stop and the reason stitute of Justice (NIJ), should expand its research for the search if one is conducted. agenda to include civilian oversight. 2.11.1 actiOn item: One example of how to do this is for law enforcement officers to carry 2.8.2 actiOn item: The U.S. Department business cards containing their name, rank, com- of Justice’s Office of Community Oriented Policing mand, and contact information that would enable Services (COPS Office) should provide technical individuals to offer suggestions or commenda- assistance and collect best practices from existing tions or to file complaints with the appropriate civilian oversight efforts and be prepared to help individual, office, or board. These cards would be cities create this structure, potentially with some easily distributed in all encounters. matching grants and funding.

2.12 recOmmendatiOn: Law 2.9 recOmmendatiOn: Law enforcement enforcement agencies should establish search agencies and municipalities should refrain and seizure procedures related to LGBTQ and from practices requiring officers to issue transgender populations and adopt as policy a predetermined number of tickets, citations, the recommendation from the President’s arrests, or summonses, or to initiate Advisory Council on HIV/AIDS (PACHA) to

cease using the possession of condoms as the

sole evidence of vice.

8 9 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

2.13 recOmmendatiOn: Law 2.15 recOmmendatiOn: The U.S. enforcement agencies should adopt and Department of Justice, through the Office of enforce policies prohibiting profiling and Community Oriented Policing Services, should discrimination based on race, ethnicity, partner with the International Association national origin, religion, age, gender, gender of Directors of Law Enforcement Standards identity/expression, sexual orientation, and Training (IADLEST) to expand its National immigration status, disability, housing status, Decertification Index to serve as the National occupation, or language fluency. Register of Decertified Officers with the goal of covering all agencies within the United 2.13.1 actiOn item: The Bureau of States and its territories. Justice Statistics should add questions concerning sexual harassment of and misconduct toward 3.1 recOmmendatiOn: The U.S. community members, and in particular LGBTQ and Department of Justice, in consultation with gender-nonconforming people, by law enforce- the law enforcement field, should broaden the ment officers to the Police Public Contact Survey. efforts of the National Institute of Justice to establish national standards for the research 2.13.2 actiOn item: The Centers for and development of new technology. These Disease Control should add questions concerning standards should also address compatibility sexual harassment of and misconduct toward and interoperability needs both within law community members, and in particular LGBTQ and enforcement agencies and across agencies gender-nonconforming people, by law enforce- and jurisdictions and maintain civil and ment officers to the National Intimate Partner and human rights protections. Sexual Violence Survey. 3.1.1 actiOn item: The Federal Gov- 2.13.3 actiOn item: The U.S. Department of ernment should support the development and Justice should promote and disseminate guidance delivery of training to help law enforcement to federal, state, and local law enforcement agencies agencies learn, acquire, and implement technol- on documenting, preventing, and addressing sexual ogy tools and tactics that are consistent with the harassment and misconduct by local law enforce- best practices of 21st century policing. ment agents, consistent with the recommendations of the International Association of Chiefs of Police. 3.1.2 actiOn item: As part of national stan- dards, the issue of technology’s impact on privacy concerns should be addressed in accordance with 2.14 recOmmendatiOn: The U.S. protections provided by constitutional law. Department of Justice, through the Office of Community Oriented Policing Services and Office of Justice Programs, should provide 3.1.3 actiOn item: Law enforcement technical assistance and incentive funding to agencies should deploy smart technology that is jurisdictions with small police agencies that designed to prevent the tampering with or manip- take steps towards shared services, regional ulating of evidence in violation of policy. training, and consolidation.

9 0 A p p e n d i x E

3.2 recOmmendatiOn: 3.3.2 actiOn item: The U.S. Department of The implementation of appropriate Justice should create toolkits for the most effective technology by law enforcement agencies and constitutional use of multiple forms of innova- should be designed considering local needs tive technology that will provide state, local, and and aligned with national standards. tribal law enforcement agencies with a one-stop clearinghouse of information and resources. 3.2.1 actiOn item: Law enforcement agen- cies should encourage public engagement and 3.3.3 actiOn item: Law enforcement collaboration, including the use of community agencies should review and consider the Bureau advisory bodies, when developing a policy for the of Justice Assistance’s (BJA) Body Worn Camera use of a new technology. Toolkit to assist in implementing BWCs.

3.2.2 actiOn item: Law enforcement agen- 3.4 recOmmendatiOn: Federal, state, cies should include an evaluation or assessment local, and tribal legislative bodies should be process to gauge the effectiveness of any new encouraged to update public record laws. technology, soliciting input from all levels of the agency, from line officer to leadership, as well as assessment from members of the community. 3.5 recOmmendatiOn: Law enforcement agencies should adopt model policies and best practices for technology-based 3.2.3 actiOn item: Law enforcement community engagement that increases agencies should adopt the use of new technolo- community trust and access. gies that will help them better serve people with special needs or disabilities. 3.6 recOmmendatiOn: The Federal Government should support the development 3.3 recOmmendatiOn: The U.S. of new “less than lethal” technology to help Department of Justice should develop control combative suspects. best practices that can be adopted by state legislative bodies to govern the 3.6.1 actiOn item: Relevant federal agen- acquisition, use, retention, and dissemination cies, including the U.S. Departments of Defense of auditory, visual, and biometric data by and Justice, should expand their efforts to study law enforcement. the development and use of new less than lethal technologies and evaluate their impact on public 3.3.1 actiOn item: As part of the process safety, reducing lethal violence against citizens, for developing best practices, the U.S. Department constitutionality, and officer safety. of Justice should consult with civil rights and civil liberties organizations, as well as law enforcement research groups and other experts, concerning 3.7 recOmmendatiOn: The Federal the constitutional issues that can arise as a result Government should make the development of the use of new technologies. and building of segregated radio spectrum

9 1 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

and increased bandwidth by FirstNet for non-discriminatory policing and to determine exclusive use by local, state, tribal, and federal replicable factors that could be used to guide law public safety agencies a top priority. enforcement agencies in other communities.

4.1 recOmmendatiOn: Law enforcement 4.3 recOmmendatiOn: Law enforcement agencies should develop and adopt policies agencies should engage in multidisciplinary, and strategies that reinforce the importance community team approaches for planning, of community engagement in managing implementing, and responding to crisis public safety. situations with complex causal factors.

4.1.1 actiOn item: Law enforcement 4.3.1 actiOn item: The U.S. Department of agencies should consider adopting preferences Justice should collaborate with others to develop for seeking “least harm” resolutions, such as diver- and disseminate baseline models of this crisis sion programs or warnings and citations in lieu of intervention team approach that can be adapted arrest for minor infractions. to local contexts.

4.2 recOmmendatiOn: Community 4.3.2 actiOn item: Communities should policing should be infused throughout the look to involve peer support counselors as part culture and organizational structure of law of multidisciplinary teams when appropriate. enforcement agencies. Persons who have experienced the same trauma can provide both insight to the first responders 4.2.1 actiOn item: Law enforcement and immediate support to individuals in crisis. agencies should evaluate officers on their efforts to engage members of the community and the 4.3.3 actiOn item: Communities should be partnerships they build. Making this part of encouraged to evaluate the efficacy of these crisis the performance evaluation process places an intervention team approaches and hold agency increased value on developing partnerships. leaders accountable for outcomes.

4.2.2 actiOn item: Law enforcement 4.4 recOmmendatiOn: Communities agencies should evaluate their patrol deployment should support a culture and practice of practices to allow sufficient time for patrol officers policing that reflects the values of protection to participate in problem solving and community and promotion of the dignity of all, especially engagement activities. the most vulnerable.

4.2.3 actiOn item: The U.S. Department 4.4.1 actiOn item: Because offensive or of Justice and other public and private entities harsh language can escalate a minor situation, should support research into the factors that have law enforcement agencies should underscore the led to dramatic successes in crime reduction in importance of language used and adopt policies di- some communities through the infusion of recting officers to speak to individuals with respect.

9 2 A p p e n d i x E

4.4.2 actiOn item: Law enforcement 4.6 recOmmendatiOn: Communities agencies should develop programs that create op- should adopt policies and programs that portunities for patrol officers to regularly interact address the needs of children and youth with neighborhood residents, faith leaders, and most at risk for crime or violence and reduce business leaders. aggressive law enforcement tactics that stigmatize youth and marginalize their participation in schools and communities. 4.5 recOmmendatiOn: Community policing emphasizes working with 4.6.1 actiOn item: Education and criminal neighborhood residents to co-produce public justice agencies at all levels of government should safety. Law enforcement agencies should work together to reform policies and procedures work with community residents to identify that push children into the juvenile justice system. problems and collaborate on implementing solutions that produce meaningful results for the community. 4.6.2 actiOn item: In order to keep youth in school and to keep them from criminal and vi- 4.5.1 actiOn item: Law enforcement agen- olent behavior, law enforcement agencies should cies should schedule regular forums and meetings work with schools to encourage the creation of where all community members can interact with alternatives to student suspensions and expulsion police and help influence programs and policy. through restorative justice, diversion, counseling, and family interventions.

4.5.2 actiOn item: Law enforcement agencies should engage youth and communities 4.6.3 actiOn item: Law enforcement agen- in joint training with law enforcement, citizen cies should work with schools to encourage the academies, ride-alongs, problem solving teams, use of alternative strategies that involve youth in community action teams, and quality of life decision making, such as restorative justice, youth teams. courts, and peer interventions.

4.5.3 actiOn item: Law enforcement agen- 4.6.4 actiOn item: Law enforcement cies should establish formal community/citizen agencies should work with schools to adopt an advisory committees to assist in developing crime instructional approach to discipline that uses prevention strategies and agency policies as well interventions or disciplinary consequences to help as provide input on policing issues. students develop new behavior skills and positive strategies to avoid conflict, redirect energy, and refocus on learning. 4.5.4 actiOn item: Law enforcement agen- cies should adopt community policing strategies that support and work in concert with economic 4.6.5 actiOn item: Law enforcement development efforts within communities. agencies should work with schools to develop and monitor school discipline policies with input and collaboration from school personnel, students,

9 3 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

families, and community members. These policies 4.7.1 actiOn item: Communities and law should prohibit the use of corporal punishment enforcement agencies should restore and build and electronic control devices. trust between youth and police by creating pro- grams and projects for positive, consistent, and 4.6.6 actiOn item: Law enforcement persistent interaction between youth and police. agencies should work with schools to create a continuum of developmentally appropriate and 4.7.2 actiOn item: Communities should proportional consequences for addressing ongo- develop community- and school-based ing and escalating student misbehavior after all evidence-based programs that mitigate punitive appropriate interventions have been attempted. and authoritarian solutions to teen problems.

4.6.7 actiOn item: Law enforcement 5.1 recOmmendatiOn: The Federal agencies should work with communities to play Government should support the development a role in programs and procedures to reintegrate of partnerships with training facilities across juveniles back into their communities as they the country to promote consistent standards leave the juvenile justice system. for high quality training and establish training innovation hubs. 4.6.8 actiOn item: Law enforcement agen- cies and schools should establish memoranda of 5.1.1 actiOn item: The training innovation agreement for the placement of School Resource hubs should develop replicable model programs Officers that limit police involvement in student that use adult-based learning and scenario-based discipline. training in a training environment modeled less like boot camp. Through these programs the hubs 4.6.9 actiOn item: The Federal Govern- would influence nationwide curricula, as well as ment should assess and evaluate zero tolerance instructional methodology. strategies and examine the role of reasonable discretion when dealing with adolescents in 5.1.2 actiOn item: The training innovation consideration of their stages of maturation or hubs should establish partnerships with academic development. institutions to develop rigorous training practices, evaluation, and the development of curricula based on evidence-based practices. 4.7 recOmmendatiOn: Communities need to affirm and recognize the voices of youth in community decision making, 5.1.3 actiOn item: The Department of facilitate youth-led research and problem Justice should build a stronger relationship with solving, and develop and fund youth the International Association of Directors of Law leadership training and life skills Enforcement (IADLEST) in order to leverage their through positive youth/police network with state boards and commissions of collaboration and interactions. Peace Officer Standards and Training (POST).

9 4 A p p e n d i x E

5.2 recOmmendatiOn: Law enforcement 5.5 recOmmendatiOn: The U.S. agencies should engage community members Department of Justice should instruct the in the training process. Federal Bureau of Investigation to modify the curriculum of the National Academy at Quantico 5.2.1 actiOn item: The U.S. Department of to include prominent coverage of the topical Justice should conduct research to develop and areas addressed in this report. In addition, the disseminate a toolkit on how law enforcement COPS Office and the Office of Justice Programs agencies and training programs can integrate should work with law enforcement professional community members into this training process. organizations to encourage modification of their curricula in a similar fashion.

5.3 recOmmendatiOn: Law enforcement agencies should provide leadership training 5.6 recOmmendatiOn: POSTs should to all personnel throughout their careers. make Crisis Intervention Training (CIT) a part of both basic recruit and in-service officer training. 5.3.1 actiOn item: Recognizing that strong, capable leadership is required to create cultural 5.6.1 actiOn item: Because of the impor- transformation, the U.S. Department of Justice tance of this issue, Congress should appropriate should invest in developing learning goals and funds to help support law enforcement crisis model curricula/training for each level of leadership. intervention training.

5.3.2 actiOn item: The Federal Government 5.7 recOmmendatiOn: POSTs should should encourage and support partnerships be- ensure that basic officer training includes tween law enforcement and academic institutions lessons to improve social interaction as well as to support a culture that values ongoing education tactical skills. and the integration of current research into the development of training, policies, and practices. 5.8 recOmmendatiOn: POSTs should ensure that basic recruit and in-service officer 5.3.3 actiOn item: The U.S. Department training include curriculum on the disease of of Justice should support and encourage addiction. cross-discipline leadership training.

5.9 recOmmendatiOn: POSTs should 5.4 recOmmendatiOn: The U.S. ensure both basic recruit and in-service Department of Justice should develop, training incorporates content around in partnership with institutions of higher recognizing and confronting implicit bias and education, a national postgraduate institute cultural responsiveness. of policing for senior executives with a standardized curriculum preparing them to 5.9.1 actiOn item: Law enforcement lead agencies in the 21st century. agencies should implement ongoing, top down training for all officers in cultural diversity and

9 5 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

related topics that can build trust and legitimacy 5.13 recOmmendatiOn: The U.S. in diverse communities. This should be accom- Department of Justice should support plished with the assistance of advocacy groups the development and implementation of that represent the viewpoints of communities that improved Field Training Officer programs. have traditionally had adversarial relationships with law enforcement. 5.13.1 actiOn item: The U.S. Department of Justice should support the development of 5.9.2 actiOn item: Law enforcement agen- broad Field Training Program standards and cies should implement training for officers that training strategies that address changing police covers policies for interactions with the LGBTQ culture and organizational procedural justice population, including issues such as determining issues that agencies can adopt and customize to gender identity for arrest placement, the Muslim, local needs. Arab, and South Asian communities, and immi- grant or non-English speaking groups, as well as 5.13.2 actiOn item: The U.S. Department reinforcing policies for the prevention of sexual of Justice should provide funding to incentivize misconduct and harassment. agencies to update their Field Training Programs in accordance with the new standards.

5.10 recOmmendatiOn: POSTs should require both basic recruit and in-service 6.1 recOmmendatiOn: The U.S. training on policing in a democratic society. Department of Justice should enhance and further promote its multi-faceted officer 5.11 recOmmendatiOn: The Federal safety and wellness initiative. Government, as well as state and local agencies, should encourage and incentivize 6.1.1 actiOn item: Congress should higher education for law enforcement officers. establish and fund a national “Blue Alert” warning system. 5.11.1 actiOn item: The Federal Gov- ernment should create a loan repayment and 6.1.2 actiOn item: The U.S. Department of forgiveness incentive program specifically for Justice, in partnership with the U.S. Department policing. of Health and Human Services, should establish a task force to study mental health issues unique to officers and recommend tailored treatments. 5.12 recOmmendatiOn: The Federal Government should support research into the development of technology that enhances 6.1.3 actiOn item: The Federal Govern- scenario-based training, social interaction ment should support the continuing research into skills, and enables the dissemination the efficacy of an annual mental health check for of interactive distance learning for law officers, as well as fitness, resilience, and nutrition. enforcement.

9 6 A p p e n d i x E

6.1.4 actiOn item: Pension plans should 6.4 recOmmendatiOn: Every law recognize fitness for duty examinations as defin- enforcement officer should be provided with itive evidence of valid duty or non-duty related individual tactical first aid kits and training as disability. well as anti-ballistic vests.

6.1.5 actiOn item: Public Safety Officer 6.4.1 actiOn item: Congress should Benefits (PSOB) should be provided to survivors of authorize funding for the distribution of law officers killed while working, regardless of wheth- enforcement individual tactical first aid kits. er the officer used safety equipment (seatbelt or anti-ballistic vest) or if officer death was the result 6.4.2 actiOn item: Congress should of suicide attributed to a current diagnosis of reauthorize and expand the Bulletproof Vest duty-related mental illness, including but not Partnership (BVP) program. limited to post-traumatic stress disorder (PTSD).

6.5 recOmmendatiOn: The U.S. 6.2 recOmmendatiOn: Law enforcement Department of Justice should expand efforts agencies should promote safety and wellness to collect and analyze data not only on officer at every level of the organization. deaths but also on injuries and “near misses.”

6.2.1 actiOn item: Though the Fed- 6.6 recOmmendatiOn: Law enforcement eral Government can support many of the agencies should adopt policies that require programs and best practices identified by the officers to wear seat belts and bullet-proof U.S. Department of Justice initiative described in vests and provide training to raise awareness recommendation 6.1, the ultimate responsibility of the consequences of failure to do so. lies with each agency.

6.7 recOmmendatiOn: Congress 6.3 recOmmendatiOn: The U.S. should develop and enact peer review error Department of Justice should encourage and management legislation. assist departments in the implementation of scientifically supported shift lengths by law 6.8 recOmmendatiOn: The U.S. enforcement. Department of Transportation should provide technical assistance opportunities for 6.3.1 actiOn item: The U.S. Department of departments to explore the use of vehicles Justice should fund additional research into the equipped with vehicle collision prevention efficacy of limiting the total number of hours an “smart car” technology that will reduce the officer should work within a 24–48-hour period, number of accidents. including special findings on the maximum num- ber of hours an officer should work in a high risk or high stress environment (e.g., public demon- strations or emergency situations).

9 7 F i n a l R e p o r t o f t h e P r e s i d e n t ’ s T a s k F o r c e o n 2 1 s t C e n t u r y P o l i c i n g

7.1 recOmmendatiOn: The President yy Provide technical assistance and funding to should direct all federal law enforcement national, state, local, and tribal accreditation bodies that evaluate policing practices. agencies to review the recommendations made by the Task Force on 21st Century yy Recommend additional benchmarks Policing and, to the extent practicable, to and best practices for state training and standards boards. adopt those that can be implemented at the federal level. yy Provide technical assistance and funding to state training boards to help them meet national benchmarks and best practices in 7.2 recOmmendatiOn: The U.S. training methodologies and content. Department of Justice should explore public- yy Prioritize grant funding to departments private partnership opportunities, starting by meeting benchmarks. convening a meeting with local, regional, and yy Support departments through an expansion of national foundations to discuss the proposals the COPS Office Collaborative Reform Initiative. for reform described in this report and seeking yy Collaborate with universities, the Office of their engagement and support in advancing Justice Programs and its bureaus (Bureau of implementation of these recommendations. Justice Assistance [BJA], Bureau of Justice Statistics [BJS], National Institute of Justice [NIJ], and Office of Juvenile Justice and 7.3 recOmmendatiOn: The U.S. Delinquency Prevention [OJJDP]), and others Department of Justice should charge its to review research and literature in order to inform law enforcement agencies about Office of Community Oriented Policing evidence-based practices and to identify areas Services (COPS Office) with assisting the law of police operations where additional research enforcement field in addressing current and is needed. future challenges. yy Collaborate with the BJS to

For recommendation 7.3, the COPS Office ƒƒ establish a central repository for data should consider taking actions including but concerning police use of force resulting not limited to the following: in death, as well as in-custody deaths, and disseminate this data for use by both y Create a National Policing Practices and community and police; Accountability Division within the COPS Office. y Establish national benchmarks and best ƒƒ provide local agencies with technical practices for federal, state, local, and tribal assistance and a template to conduct police departments. local citizen satisfaction surveys;

9 8 A p p e n d i x E

ƒ compile annual citizen satisfaction yy Collaborate with the NIJ and the BJS to publish surveys based on the submission of an annual report on the “State of Policing” in voluntary local surveys, develop a the United States. national level survey as well as surveys for use by local agencies and by small yy Provide support to national police geographic units, and develop questions leadership associations and national rank to be added to the National Crime and file organizations to encourage them to Victimization Survey relating to citizen implement task force recommendations. satisfaction with police agencies and yy Work with the U.S. Department of Homeland public trust. Security to ensure that community policing tactics in state, local, and tribal law y Collaborate with the BJS and others to enforcement agencies are incorporated into develop a template of broader indicators of their role in homeland security. performance for police departments beyond crime rates alone that could comprise a Uniform Justice Report.

9 9

“When any part of the American family does not feel like it is being treated fairly, that’s a problem for all of us. It means that we are not as strong as a country as we can be. And when applied to the criminal justice system, it means we’re not as effective in fighting crime as we could be.” —President Barack Obama

These remarks underpin the mission of the President’s Task Force on 21st Century Policing: to identify ways to build trust between citizens and their law enforcement officers so that all components of a com- munity treat one another fairly and justly and are invested in maintaining public safety in an atmosphere of mutual respect.

U.S. Department of Justice Office of Community Oriented Policing Services 145 N Street NE Washington, DC 20530 To obtain details on COPS Office programs, call the COPS Office Response Center at 800-421-6770. Visit the COPS Office online at www.cops.usdoj.gov. e011522679 Published 2015 A BLUEPRINT FOR

OPPORTUNITIES TO EVOLVE POLICING IN WISCONSIN

WISCONSIN PROFESSIONAL POLICE ASSOCIATION 2020 1 BLUEPRINT FOR TABLE OF CONTENTS OPPORTUNITIES TO EVOLVE POLICING IN WISCONSIN

03 EXECUTIVE SUMMARY INTRODUCTION 03 OPPORTUNITIES FOR CHANGE 03

06 BLUEPRINT FOR CHANGE REPORT TRAINING AND STANDARDS 06 OVERSIGHT AND ACCOUNTABILITY 08 COMMUNITY ENGAGEMENT & INNOVATION 11 OFFICER WELLNESS 12

13 APPENDIX A

2 BLUEPRINT FOR EXECUTIVE SUMMARY OPPORTUNITIES TO EVOLVE POLICING IN WISCONSIN

INTRODUCTION

“A Blueprint for Change” outlines a detailed series of proposals that fall into one of four categories, or opportunity areas: Training & Standards, Oversight & Accountability, Community Engagement & Innovation, and Officer Wellness. As the state’s largest law enforcement group, the Wisconsin Professional Police Association (WPPA) is dedicated to contributing to the public dialogue that surrounds policing in a meaningful way.

Since the tragic death of George Floyd in Minneapolis on May 25, and other high-profile cases around the country, the topic of police reform has been elevated to the forefront of the American consciousness like never before. Following the August 23 shooting of Jacob Blake in Kenosha, the national reckoning over policing has become even more intense and polarizing. As a result, there has there been very little progress made relative to the proposals that have been offered at nearly every level of government, and our collective ability to engage in a reasonable discourse on these issues appears severely impaired. This dynamic is detrimental to everyone – including police officers.

Addressing the systemic racial disparities that exist in society requires an effort to identify a systemic set of solutions. We firmly believe aGovernor’s Blue Ribbon Commission should be established to examine our economic system, educational system, health care system, and our criminal justice system. But meaningful action must be the end result.

A Blueprint for Change is our attempt to compile and advance those ideas that we believe will benefit the public and law enforcement alike. We intend to utilize this document as a catalyst for discussion and action. We hope this initiative reflects our commitment to be a part of the solution to the challenges that we collectively face, and that it can help lead to the types of changes needed to lift up our communities, as well as the officers that work tirelessly to keep them safe.

OPPORTUNITIES FOR CHANGE • Training & Standards • Oversight & Accountability • Community Engagement & Innovation

• Officer Wellness 3 TRAINING & STANDARDS

USE OF FORCE (page 6: #1) Codify and establish uniform statewide policies on use of force.

DE-ESCALATION TRAINING (page 6: #2) Establish uniform statewide policies and requirements for training in de-escalation tactics.

CHOKEHOLDS (page 7: #3) Require law enforcement agencies to develop policies prohibiting their use except in “life or death” situations.

WHISTLEBLOWER PROTECTIONS (page 7: #4) Establish a law against disciplining a law enforcement officer who reports a violation of use of force policies.

SCHOOL RESOURCE OFFICERS (page 7: #5) Create uniform education and training standards for SROs.

PROFESSIONAL TRANSPARENCY (page 7: #6) Require all use of force policies to be made available to the public online.

OVERSIGHT & ACCOUNTABILITY

LAW ENFORCEMENT STANDARDS BOARD (page 8: #1) Expand the authority to regulate the training and certification of law enforcement officers.

BODY-WORN CAMERAS (page 8: #2) Establish a three-year grant program to support expansion of their use statewide.

“POLICE & COMMUNITY SAFETY BOARD” (page 8: #3) Create a statewide nonpartisan professional conduct entity to research, review, and report annually on use of force incidents.

USE OF FORCE REPORTING (page 9: #4) Require the DOJ to publish an annual report detailing use of force incidents including demographic information.

PFC: COMMUNITY INVOLVEMENT (page 9: #5) Increase community involvement in Police and Fire Commissions (PFC), strengthen roles and responsibilities of civilian oversight.

DISCIPLINARY ACTIONS – DATA COLLECTION (page 9: #6) Expand the Wisconsin Department of Justice’s (DOJ) data collection to include disciplinary complaints and outcomes.

“NO KNOCK” WARRANT TRACKING (page 9: #7) Require all law enforcement agencies to submit annual reports to DOJ.

4 OVERSIGHT & ACCOUNTABILITY CONTINUED

“RIOT” PENALTIES (page 10: #8) Establish criminal penalties for persons that intentionally participate in public violence and destruction.

DISCRIMINATORY CALLS FOR POLICE ACTION (page 10: #9) Develop a law to punish unnecessary, racially-motivated calls to police that are intended to humiliate, harm, or harass others.

“FRIVOLOUS” COMPLAINT PROTECTIONS (page 10: #10) Establish criminal penalties for knowingly filing false complaints against officers’ actions.

BRADY LIST LEGISLATION (page 10: #11) Pursue new legislation to inject procedural justice and transparency - for both officers and the general public - to the manner in which district attorneys designate officers as untruthful.

COMMUNITY ENGAGEMENT & INNOVATION

COMMUNITY POLICING (page 11: #1) Establish a funding mechanism (grant program) to expand community policing in Wisconsin.

CRISIS INTERVENTION TRAINING (page 11: #2) Increase state funding for crisis intervention training program and increase the number of officers who undergo that training.

STUDY ALTERNATIVES TO POLICING; “CRISIS MANAGEMENT TEAMS” (page 11: #3) a. Create a legislative study committee to develop models and alternatives to police responses (e.g. teams of police, social workers and mental health professionals) b. Establish a pilot program and funding source to develop, test, and evaluate the efficacy of crisis teams.

CIVIL COMMITMENTS (page 11: #4) Expand final care and locations options for those in need of emergency health detentions. Winnebago Mental Health Institute (Oshkosh) is only certified drop-off for patients.

OFFICER WELLNESS

POST-TRAUMATIC STRESS DISORDER (page 12: #1) Provide worker’s compensation coverage for public safety officers diagnosed with PTSD because of their employment.

STATE WELLNESS COORDINATOR (page 12: #2) Create a DOJ position dedicated to officer wellness and expand funding for wellness training and suicide prevention.

OFFICER CONFIDENTIALITY PROTECTIONS (page 12: #3) Create privacy protections for officers who seek assistance through “peer support” programs with 5 certain key exceptions. BLUEPRINT FOR

OPPORTUNITIES TO EVOLVE POLICING IN WISCONSIN

TRAINING AND STANDARDS

1. Codify and Establish Uniform Policies on the Use of Force. Require each law enforcement agency to ensure that its publicly available policy on the use of force incorporates the following principles: that the primary duty of all law enforcement is to preserve the life of all individuals; that deadly force is to be used only as the last resort; that officers should use skills and tactics that minimize the likelihood that force will become necessary; that, if officers must use physical force, it should be the least amount of force necessary to safely address the threat; and that law enforcement officers must take reasonable action to stop or prevent any unreasonable use of force by their colleagues. [See 2017 AB 438 and 2019 LRB 6273, as supported by Gov. Evers.]

 COMMENT: The principles set out in the above-referenced legislation are already well-established in Wisconsin.1 Some of them are currently mandated by statute or the administrative code, and others are accounted for in the curriculum that governs law enforcement training in this state. Nonetheless, codifying these principles into a single statute to ensure statewide uniformity would benefit both law enforcement and the general public.

2. Establish Uniform De-escalation Training Requirements. Require each law enforcement officer to annually complete a uniform amount of training on use of force options and de-escalation techniques. [See 2019 LRB 6274 and 2017 Assembly Bill 439, which would establish an eight-hour annual requirement, in addition to providing additional funding for law enforcement training.]

 COMMENT: “De-escalation tactics” are taught all throughout Wisconsin’s law enforcement training curriculum, which are integrated within what is referred to as the “Disturbance Resolution” framework, which trains officers to apply a wide variety of tactics in considering their responsive options, including, among others, a range of verbal communication strategies, crisis assessment and intervention methods, and disengagement. The Police Executive Research Forum (PERF), an independent national police research and policy organization, has publicly recommended that agencies throughout the country utilize the type of integrated, scenario-based training that already exists in Wisconsin.2 While it is our belief that the continuing law enforcement training that officers currently receive from their agencies successfully incorporates de-escalation training, some uniform standard (the specific amount of time to be required should receive further examination) would ensure consistency across the state.

1 See Appendix A. 2 Police Executive Research Forum, Guiding Principles on Use of Force, Critical Issues in Policing Series, 2016, at 9, http://www. policeforum.org/assets/30%20guiding%20principles.pdf. 6 3. Require law enforcement agencies to develop policies prohibiting the use of chokeholds, except under exigent circumstances. [See 2019 LRB 6338 by Sen. Wanggaard. See also LRB 6276, which was recently proposed by Gov. Evers, though it failed to include any considerations for officer safety.]

 COMMENT: Chokeholds are not included within the curriculum that governs law enforcement training in Wisconsin, and some agencies in the state have adopted policies that prohibit them, except where their use is necessary to protect an officer’s life. As such, and in light of the fact that such a ban was included in an executive order issued by the Trump Administration,3 we support a ban on chokeholds, provided that any such restriction allows officers to use them in order to save their lives.

4. Establish protections to support an officer’s duty to intervene. Establish a statutory prohibition against disciplining a law enforcement officer who reports a violation of a law enforcement agency’s policy regarding the use of force. [See 2017 AB 438 and 2019 LRB 6273, as supported by Gov. Evers. See also 2019 LRB 6341 by Sen. Wanggaard, which would require each law enforcement agency to state when and how a use-of-force incident must be reported, and require that officers report when they engage in or observe use-of-force incidents. This legislation would further provide “whistleblower” protections for officers that report use-of-force policy violations.

 COMMENT: Currently, law enforcement officers in Wisconsin are required to intervene and report the excessive use of force by officers. This is not only generally mandated by departmental policies, but by state law as well. The excessive use of force by an officer constitutes a crime, such that an officer that witnesses another officer committing a crime has an absolute duty under the law to intervene and report the conduct. Failure to do so can result in a variety of criminal charges, including the felony of Misconduct in Office under Wis. Stat. § 946.12. Providing officers with clear and specific guidance on how to report potential misconduct related to a use-of-force incident and establishing whistleblower protections for those officers will help reinforce these existing obligations.

5. Establish uniform standards for school resource officers.

COMMENT: Establishing uniform minimum standards governing the training and education of school resource officers would help ensure uniformity, promote best practices, and help enable the Office of School Safety within the Wisconsin Department of Justice to provide training resources to school resource officers and the school districts that utilize them. Ensuring consistent training would also help promote positive outcomes and reduce legal liability.

6. Require each law enforcement agencies to make its use-of-force policies publicly available online. [See 2019 LRB 6277, which was recently proposed by Gov. Evers.]

 COMMENT: While many agencies in Wisconsin already satisfy this requirement, a statewide uniform requirement would help advance legitimate interests in transparency.

3 Exec. Order No. 13,929, 85 Fed. Reg. 37,325 (June 16, 2020). 7 OVERSIGHT AND ACCOUNTABILITY

1. Expand the authority of the Law Enforcement Standards Board to regulate the training and certification of law enforcement officers, and to require background checks of candidates for employment as law enforcement officers. Make certain changes to the responsibilities of the LESB, including requiring LESB to also regulate jail and juvenile detention officer training standards and regulate recruitment standards for the recruiting of new law enforcement, jail, and juvenile detention officers; require each law enforcement agency to maintain an employment file for each employee; and require each potential candidate for a position in an agency, jail, or facility that is or has been employed by a different agency, jail, or facility to authorize their previous employer to disclose his or her employment files to the hiring entity. See[ SA 1 of 2017 AB 506, or 2019 LRB 6282 by Rep. Ott and Sen. Testin.]

 COMMENT: Wisconsin’s Law Enforcement Standards Board does not possess the same decertification authority as that which is exercised by the majority of its counterparts throughout the country. In addition to increasing that authority, the legislation referenced above would require law enforcement agencies to conduct thorough background checks for individuals that have applied for law enforcement positions. While we believe this is widely done at present and that agencies in this state posses numerous resources in order to do so, this legislation would mandate it, which we believe promotes the interests of the law enforcement profession and its service to the public.

2. Establish a three-year grant program to support law enforcement agencies in implementing and maintaining body-worn camera programs.

3. Create a statewide nonpartisan board to research, review, and report annually on the causes and contributing factors of certain use-of-force incidents by law enforcement officers in the course of their duties. Modeled after the National Transportation Safety Board (NTSB), this board would analyze and investigate use-of-force incidents and serious injuries to police in order to determine the root cause of the outcome and its contributing factors. [See 2019 LRB 2964 by Sen. Wanggaard.]

 COMMENT: Fields such as aviation have adopted a “sentinel-events” approach to learning from error with measurable success. In these fields, a sentinel event is a significant negative outcome that signals underlying weaknesses in the system or process; that likely is the result of compound errors; and that, if properly analyzed and addressed, may provide important keys to strengthening the system and preventing future adverse events or outcomes. The research arm of the U.S. Department of Justice, the National Institute of Justice has long advocated for the application of sentinel event reviews to outcomes involving the police.4 The legislation referenced above would represent a significant step in establishing this innovative type of review and help provide a platform that promotes improvements for officers and the public.

4 For a discussion of this approach to learn from error more broadly in criminal justice, the National Institute of Justice Sentinel Event Initiative has issued several publications, see, e.g., NAT’L INST. OF JUSTICE, U.S. DEP’T OF JUSTICE, NIJ STRATEGIC RESEARCH AND IMPLEMENTATION PLAN: SENTINEL EVENTS INITIATIVE (2017), https://www.ncjrs.gov/ pdffiles1/nij/250472.pdf [https://perma.cc/ KU9E-ZSMM]. 8 4. Require that DOJ publish an annual report on use of force incidents, including incidents where there was a shooting, where a firearm was discharged in the direction of a person (even if there was no injury), and where other serious bodily harm resulted from the incident. Further require certain demographic information to be collected about each incident and reported annually by DOJ on its website. [See LRB 6283, which was recently proposed by Gov. Evers.]

 COMMENT: Since 2014, the WPPA has been the only entity in Wisconsin to collect data relative to the officer-involved shootings that occur in this state, and to report that data publicly.5 We have long- supported the broader collection of use-of-force data, which we believe can help to inform both law enforcement and the general public.

5. Increase community involvement in the police and fire commissions in Milwaukee and Madison and make other changes to strengthen their effectiveness. [See, e.g., 2019 LRB 6339 by Sen. Wanggaard and Rep. Brandjten, which would expand the size of the police and fire commissions in Milwaukee and Madison, and provide that the mayor must select appointees from recommendations by NAACP, Centro Hispano, and local police and fire associations. The measure would further provide that the commissions appoint an independent director, require two public meetings before chiefs can be appointed/reappointed, and other measures to reduce the potential for board vacancies.

COMMENT: Wisconsin’s police and fire commissions represent one of the strongest forms of civilian oversight in the United States. The above-referenced legislation would significantly strengthen the effectiveness of the commissions in these two municipalities.

6. Expand DOJ’s existing data collection efforts to include information related to disciplinary complaints and outcomes. Currently, the Wisconsin Department of Justice collects data related to the employment status of law enforcement officers, including whether an officer was terminated, forced to resign or resigned before the completion of an internal investigation. Under this proposal, DOJ would additionally collect data related to disciplinary complaints regarding specified serious misconduct, regardless of how initiated, and their outcomes. Such an effort would need to include mechanisms to allow officers to challenge the inclusion of certain records in the DOJ database, just as provided for in the comparable tracking systems for doctors and teachers.

 COMMENT: Some law enforcement critics have asserted that the unions representing law enforcement officers help protect the employment of officers that should be fired. For a variety of reasons, including the fact that the vast majority of officers in Wisconsin cannot arbitrate their discipline, there is no basis for such an argument. The collection of additional data as outlined above would increase the level of transparency in police discipline.

7. Require each law enforcement agency to submit to DOJ an annual report detailing the number of search warrants issued that specifically authorized entry without knocking and the total number of search warrants issued. Under current law, a law enforcement officer executing a search warrant must knock before entering a building unless, at the time the warrant is executed, the law enforcement officer has a reasonable suspicion that knocking and announcing will be dangerous or futile or will inhibit the effective investigation of the crime. This proposal would require agencies to report certain data relative to the use of these warrants to DOJ. 9 5 See. e.g., Briana Reilly, Wisconsin DOJ started collecting police use-of-force data in 2020, THE CAP TIMES, June 13, 2020 [https://madison.com/ct/news/local/govt-and-politics/wisconsin-doj-started-collecting-police-use-of-force-data-in-2020/article_acb09311-1035-58a5-9c92-09b9a4b3c56b.html].  COMMENT: The notion of banning no-knock search warrants in Wisconsin appears to have garnered more interest and support following the tragic death of Breonna Taylor in Louisville, Kentucky on March 13, 2020. For reasons not addressed here, we question the suggestion that the law enforcement actions that resulted in Ms. Taylor’s death and the warrant that improperly supported those actions are representative of the use of such warrants in Wisconsin. The fact of the matter is that no one in the state can shed light on the usage and outcomes of no-knock search warrants. For those reasons, collecting the data relative to the use of these warrants would seem to better inform and guide the public policy considerations related to this issue.

8. Establish criminal penalties for individuals that intentionally participate in a riot. A “riot” means a public disturbance involving at least one of the following: (1) An intentional act of violence by one or more persons that are part of an assembly of at least three persons, that constitutes a clear and present danger of, or would result in, damage or injury to the property of any other person or to another person. (2) An intentional threat of the commission of an act of violence by one or more persons that are part of an assembly of at least three persons having, individually or collectively, the ability of immediate execution of the threat, if the performance of the threatened act of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to another person. [See AA 1 of 2017 AB 397. This bill garnered bipartisan support in the 2017-18 legislative session.]

9. Create a civil cause of action for unnecessarily summoning a law enforcement officer with intent to infringe upon a right of the person under the Wisconsin Constitution or the U.S. Constitution; unlawfully discriminate against the person; cause the person to feel harassed, humiliated, or embarrassed; cause the person to be expelled from a place in which the person is lawfully located; damage the person’s reputation or standing within the community; or damage the person’s financial, economic, consumer, or business prospects or interests. [See LRB 6281, which was recently proposed by Gov. Evers].

10. Establish criminal penalties for knowingly filing a false complaint against a law enforcement officer with the officer’s employer, department, or police and fire commission.

11. Brady List Legislation. Throughout the United States, prosecutors maintain lists of police officers deemed not trustworthy to serve as witnesses. These lists are often referred to as “do-not-call lists” or “Brady lists,” a reference to the U.S. Supreme Court’s ruling in the 1963 case of Brady v. Maryland which held that prosecutors must turn over to the defense any evidence that might exonerate defendants. These lists have increasingly drawn public attention amid disputes over how officers should be added to them and the extent to which they should be accessible to the public. Brady lists have also been criticized on the basis that officers have no way to challenge being placed on them, causing significant reputational harm and damaging their advancement opportunities. We propose that lawmakers consider introducing legislation similar to a bill that was introduced in Arizona earlier this year (House Bill 2114) that would (1) require a district attorney to provide advance written notice to officers of their intent to place the officer on a Brady list, (2) require that such notices include the corroborating evidence that supports the district attorney’s designation, as well as information regarding an officer’s rights to appeal the designation, (3) provide that an officer can appeal a district attorney’s designation to a judge within five business days of their receipt of the written notice, and (4) that the officer’s name cannot be formally added to a Brady list until after the appeal process has ended or the time period to initiate such an appeal has expired. Unlike the Arizona bill, we would propose that any legislation introduced in Wisconsin specifically ensure the public’s access to those lists under the state’s Public Records law. 10 COMMUNITY ENGAGEMENT & INNOVATION

1. Establish a “Community Policing Development Grant Program” to expand the capacity of law enforcement in Wisconsin to implement community policing strategies. [See, e.g., 2019 LRB 6349 by Sen. Wanggaard, which would establish a $600,000 grant program to municipalities with populations over 60,000 to create Community Oriented Police Houses in high crime neighborhoods.]

2. Increase the state funding that currently exists under Wis. Stat. § 46.535 for crisis intervention training grants from $250,000 each biennium to $1,000,000 each biennium. [The current amount has remained the same since it was first established in 2013.]

3. Study the use and application of crisis intervention alternatives to policing. Establish a legislative study committee to develop models for the structure and implementation of crisis intervention alternatives to policing, such as the use of response teams consisting of law enforcement officers, social workers, and mental health professionals.

4. Expand law enforcement’s civil commitment options. When law enforcement agencies throughout Wisconsin have to make emergency mental health detentions, they are largely limited to the Winnebago Mental Health Institute near Oshkosh as the sole place in Wisconsin to take people for treatment. This causes an enormous drain on local law enforcement resources, as it typically reduces an agency’s staffing by two officers for an entire day to make the trip – and often longer. This also creates a totally inadequate response to individuals suffering from a mental health crisis. At a minimum, the Mendota Mental Health Institute in Madison should be reopened for this use, and grant funding should be secured to help hospitals establish regional mental health crisis centers to accept civil commitment patients. [See 2017 AB 815 by Rep. Spiros and Sen. Erpenbach.]

11 OFFICER WELLNESS

1. Provide worker’s compensation coverage for public safety officers diagnosed with post-traumatic stress disorder as a result of their employment. 2019 AB 569, which has been approved by DWD’s Worker’s Compensation Advisory Council and the State Assembly, would create specific circumstances in which post-traumatic stress disorder (PTSD) may be a covered injury under Wisconsin’s Worker’s Compensation Laws.

 COMMENT: For decades, far too many first responders in Wisconsin have been significantly harmed by the fact that they could not obtain worker’s compensation benefits and protections after developing Post Traumatic Stress Disorder (PTSD) as a result of the extraordinarily stressful and dangerous on-duty incidents that they have had to endure. This began in 1974 when the Wisconsin Supreme Court held that, in order for an employee with PTSD to receive worker’s compensation, they “must show that the mental injury was caused by unusual stress of greater dimensions then the day-to-day emotional strain and tension experienced by similarly-situated employees.” This ruling has been applied to prevent first responders from receiving worker’s compensation benefits on the basis that the horrific duty-related incidents that have caused PTSD “was what they signed up for.” As a result, first responders suffering from PTSD have found themselves faced with the impossible choice of either having to return to work without the ability to first get the help that they need or to leave the profession entirely. The legislation reference above would help ensure that officers can get the help they need in order to continue their public service.

2. Increase funding to adequately support officer wellness training and initiatives through DOJ, including the creation of a dedicated position within DOJ to serve as a resource for law enforcement all across the state, not only on suicide prevention, but also to coordinate mental health and wellness programs for first responders (including EMTs and firefighters as well).

3. Create legislative privacy protections for officers who seek assistance through their departments’ peer support programs. Specifically, create the First Responder Peer Support Program Confidentiality Act, which would provide that information, omissions, confessions, or other communication obtained by a participant in a peer support program involving a peer support counselor from a law enforcement officer, public safety employee, peace officer, firefighter, or emergency services personnel shall be considered confidential information and shall not be released to any person or entity, including, but not limited to, a court, administrative agency or tribunal, or public officer or employer, unless: (1) to the extent it appears necessary to prevent the commission of an act that is likely to result in a clear imminent risk of serious physical injury or death of a person or persons; (2) when required by court order; or (3) when, after full disclosure has been provided, the person who made the confession, admission, or other communication has given specific written consent.

 COMMENT: To varying degrees, many law enforcement agencies in Wisconsin maintain a peer support program consisting of co-workers who are trained to identify various symptoms, challenges, and aid their fellow co-workers by providing support and directing them to specialized resources. Unfortunately, no confidentiality exists between an officer in need of help and a peer support officer, creating a barrier for officers to come forward and seek assistance. To break down this barrier, the kind of legislation described above has been proposed and passed in several states throughout the country, including Illinois. In light of the prevalence of, among other things, suicides, alcoholism, and divorce for those that serve in law enforcement, this measure would help increase the chances that an officer in need of assistance will seek it out, which benefits the public and all others involved. 12 APPENDIX A

2019 LRB 6273: relating to law enforcement agency policies on the use of force.

SPECIFIC PRINCIPLES THAT THE BILL HOW THOSE PRINCIPLES ALREADY EXIST: WOULD REQUIRE:

The state’s “law enforcement code of ethics,” that is administered as an oath to all law enforcement trainees under Wis. Admin. § The primary duty of all members LES 3.01(1)(d)1. states “AS A LAW ENFORCEMENT OFFICER, my of law enforcement is to preserve fundamental duty is to serve humanity; to safeguard lives and human life, including the lives of property; to protect the innocent against deception, the weak against individuals being placed in police oppression or intimidation, and the peaceful against violence or custody. disorder; and to respect the Constitutional rights of all persons to liberty, equality, and justice.” Wis. Admin. § LES 3.01(1)(d)1. (Aug. 2001).

Deadly force shall only be used as Wisconsin’s uniform law enforcement training guide states: “Before a last resort. The necessity to use you can use deadly force, you must reasonably believe that all deadly force arises when all other other options have been exhausted or would be ineffective. In other available means of preventing words, deadly force is always a last resort. This concept is called immediate and grave danger to preclusion.” Defensive and Arrest Tactics: A Training Guide for Law officers or other persons have Enforcement Officers, Wisconsin Dept. of Justice Law Enforcement failed or would likely fail. Standards Bd. (June 2017).

Under state law, a law enforcement officer’s use of force is appropriate when they reasonably believe that their actions: (1) are under circumstances of “coercion,” or “necessity,” such that they are the only means of preventing imminent death or great bodily harm to themselves or another, (2) involve only the amount of force necessary to protect themselves or others, or property, (3) in good faith, and are apparently authorized and reasonable fulfillments of their duties, or (4) a reasonable accomplishment of a lawful arrest. Wis. Stat. § 939.45. Moreover, the U.S. Supreme Court has long-held that any law Law enforcement shall obtain enforcement use of force must be “objectively reasonable,” in light the cooperation of the public, of the severity of the crime at issue, whether the suspect poses an with minimum reliance on the use imminent threat to the safety of officers or others, and whether the of physical force. When force is suspect is actively resisting or attempting to evade arrest by flight. The needed, it shall not exceed that reasonableness of an officer’s actions must be judged under the totality needed to address the threat of the circumstances from the perspective of a reasonable officer at posed to the officer or the public. the scene with similar training and experience. See, e.g., Graham v. Connor, 490 U.S. 386, (1989). Furthermore, Wisconsin’s unified law enforcement training manual provides that “[i]f voluntary compliance is not possible, you may need to use force, but only that amount that is objectively reasonable to gain control. Once control is established, you must reduce your level of force to that level needed to maintain control. This requires considerable self-control—which is part of being a professional law enforcement officer. Defensive and Arrest Tactics: A Training Guide for Law Enforcement Officers, Wisconsin Dept. of Justice Law Enforcement Standards Bd. (June 2017).

13 “De-escalation tactics” are taught all throughout Wisconsin’s law enforcement training curriculum, which are integrated within what is referred to as the “Disturbance Resolution” framework which trains officers to apply a wide variety of tactics in considering their responsive options, including, among others, a range of verbal communication strategies, crisis assessment and intervention methods, and disengagement. The U.S. Supreme Court has held that reasonableness of any law enforcement use of force must be judged under the totality of the circumstances, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is De-escalation tactics to reduce the actively resisting arrest or attempting to evade arrest by flight. See use-of-force by law enforcement Tennessee v. Garner, 471 U.S. 1 (1985). Wisconsin’s model policy officers shall be employed unless adds to this list of factors “the existence of alternative methods impossible. of arrest...” Wisconsin Law Enforcement Officers Criminal Law Handbook, Wis. Dept. of Justice Training and Standards Bureau, pg. 15 (2009) [emphasis added]. Additionally, all Wisconsin law enforcement officers are taught that “[y]our goal always is to get subjects to comply voluntarily. If they do, you will have achieved your objective without making the encounter unnecessarily adversarial….” Id. at pg. 1.

Though this legislative proposal seeks to require officers to use de- escalation tactics “unless impossible,” the reasonableness of whether such tactics were impossible must be judged from the perspective of a reasonable officer at the scene with similar training and experience. See Graham v. Connor, 490 U.S. 386, (1989).

The excessive force by an officer constitutes a crime. If one officer witnesses another officer committing a crime, they have an absolute Officers must take actions to duty under the law to intervene and report the conduct. Failure to do intervene when witnessing a so would bring any variety of criminal charges against the witness- colleague’s excessive use-of-force. officer, including the crime of Misconduct in Office under Wis. Stat. § 946.12.

14

TO: SPEAKER ROBIN VOS

FROM: Representatives Jim Steineke and Shelia Stubbs, Co-Chairs, Assembly Speaker’s Task Force on Racial Disparities RE: Report of the Task Force’s Subcommittee on Law Enforcement Policies and Standards

DATE: April 21, 2021

This report summarizes the activities of and the topics of consensus identified by the Subcommittee on Law Enforcement Policies and Standards, a subcommittee of the Assembly Speaker’s Task Force on Racial Disparities. CREATION AND MEMBERSHIP On August 24, 2020, you created a task force to focus on racial disparities, educational opportunities, public safety, and police policies and standards in Wisconsin. After appointment of the co-chairs, community members were invited to apply to serve on the task force by submitting a statement of interest and resume. The task force’s 32-person membership was announced on October 21, 2020. Appendix 2 contains a list of the current task force members. The task force has two subcommittees: (1) the Subcommittee on Law Enforcement Policies and Standards (19 members); and (2) the Subcommittee on Education and Economic Development (13 members). This report briefly describes the meetings of the Subcommittee on Law Enforcement Policies and Standards, and summarizes the subcommittee’s recommendations, based on discussions in which members reached consensus. MEETINGS On October 28, 2020, the task force held its first introductory meeting, at which members shared their respective backgrounds, experiences, and goals. In addition, the co-chairs explained the goals of and expectations for the task force and announced the formation of the two subcommittees. After this first meeting, the Subcommittee on Law Enforcement Policies and Standards met eight times, as follows:  November 12, 2020 – Madison: The subcommittee received invited testimony from families in Wisconsin who have been impacted by law enforcement officers’ use of force.  December 3, 2020 – Green Bay: The subcommittee received testimony from the following invited speakers: (1) The Center for Suicide Awareness, on the Law Enforcement Resiliency Program; and (2) Todd Thomas, Appleton Police Chief, on policing approaches implemented in the City of Appleton. After receiving testimony, the subcommittee discussed the topics of body cameras, crisis intervention training, and use-of-force data collection.  January 21, 2021 – Madison: The subcommittee received invited testimony from subcommittee member Kalvin Barrett, a law enforcement instructor at Madison College, regarding law enforcement use-of-force training. After receiving testimony, the subcommittee continued its - 2 -

discussions on body cameras, crisis intervention training, and use-of-force data collection. The subcommittee also discussed various use-of-force topics, including the use of choke holds and mandated reporting of an officer’s excessive use of force.  February 25, 2021 – Kenosha: The subcommittee received testimony from the following invited speakers on various topics related to law enforcement policies and standards: (1) the American Civil Liberties Union; (2) Carlton T. Mayers, II, Esq., of Mayers Strategic Solutions, LLC; (3) Kail Decker, City Attorney of West Allis; (4) Bishop Tavis Grant; and (5) Mr. Justin Blake.  March 11, 2021 – Madison: The subcommittee received invited testimony from Campaign Zero on use-of-force data collection, the use of choke holds, and no-knock search warrants, and from Tamika Mallory on no-knock search warrants. In addition to receiving testimony, the subcommittee discussed the following topics: (1) employment files of law enforcement officers; (2) police and fire commissions; (3) decertification of law enforcement officers; and (4) qualified immunity.  March 25, 2021 – Madison: The subcommittee discussed the following topics: (1) decertification of law enforcement officers; (2) a statewide standard for use of force by officers; (3) whistleblower protections for officers who report, or intervene in, excessive use-of-force incidents; (4) criminal penalties for officers who fail to report or intervene when required; (5) independent use-of-force review advisory boards; (6) use-of-force data collection; (7) community-oriented policing house grant programs; (8) violence interruption grant programs; (9) crisis response teams; (10) school resource officers; and (11) no-knock search warrants.  April 8, 2021 – Madison: The subcommittee discussed the following topics: (1) a statewide standard for use of force by officers; (2) public access to use-of-force policies; (3) the use of choke holds; (4) independent use-of-force review advisory boards; (5) no-knock search warrants; (6) crisis response teams; (7) officer drug testing; (8) officer psychological evaluations; (9) unnecessarily summoning a law enforcement officer; (10) conflict resolution centers; and (11) crisis intervention training.  April 20, 2021 – Madison: The subcommittee discussed the topic of a statewide standard for use of force by law enforcement officers. The subcommittee also reviewed a list of items on which the subcommittee had reached consensus. RECOMMENDATIONS Based on its discussions, the subcommittee has reached consensus on various recommendations that fall within four general categories: (1) use of force by law enforcement; (2) law enforcement oversight and accountability; (3) officer training and standards; and (4) community engagement. The specific recommendations within each of these categories are described below.

USE OF FORCE BY LAW ENFORCEMENT Duty to Report and Intervene Background Current state law does not expressly require an officer to report or intervene when another officer has used force in a manner that the reporting officer believes to be excessive. However, state law does generally prohibit public officers and employees from engaging in certain acts of misconduct in office. [s. 946.12, Stats.] A law enforcement agency’s use-of-force policy may create an express duty to report or intervene when observing another officer using excessive force or, more generally, require an officer to report any known misconduct by another officer. - 3 -

In other contexts, state law imposes a duty to report upon certain professionals. For example, in the child welfare context, individuals working in various professions are required to report suspected child abuse or neglect, if the individual has reasonable cause to suspect that a child seen in the course of the individual’s professional duties has been abused or neglected. [s. 48.981 (2) (a), Stats.] Recommendation The subcommittee recommends requiring, as a matter of state law, that officers intervene and report to his or her supervisor as soon as feasible after an officer observes another officer using force that the reporting officer reasonably believes to exceed the authorized level of force. The subcommittee further recommends specifying criminal penalties for an officer’s failure to report or intervene, by creating a specific ground under the current law crime of misconduct in office. Whistleblower Protections Background Under current law, a state employee may receive employment protection from retaliatory action for disclosing certain information, such as acts that an employee reasonably believes constitute a violation of state or federal law, an abuse of authority, or a danger to public health and safety. Commonly referred to as “whistleblower protections,” the protections apply to most state employees, if certain steps are taken to disclose the information. The state employee whistleblower protections do not apply to employees in local units of government. A locally employed officer who believes he or she has been retaliated against by an employer for disclosing abuses, however, may receive some protection under the “just cause” standard that applies to disciplinary actions generally imposed by police and fire commissions. This standard prohibits suspension, demotion, or discharge of a law enforcement officer unless there is “just cause” to sustain the charges against the officer, based on a seven-factor analysis for determining “just cause” set by statute.1 Recommendation The subcommittee recommends creating express protections for any law enforcement officer who reports, as soon as feasible, when observing another officer using force that the reporting officer believes to be excessive. Specifically, the subcommittee recommends that a law enforcement officer should not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to employment, or threatened with any such treatment, because the officer reports or intervenes pursuant to the duty to report or intervene.

1 These factors include: whether the officer could reasonably be expected to have knowledge of the probable consequences of the alleged conduct, whether the rule or order that was allegedly violated is reasonable; whether reasonable efforts were made to discover whether the officer did violate a rule or order; whether there was substantial evidence of the violation; whether the efforts to discover the evidence were fair and objective; whether the chief or sheriff is applying a rule or order fairly and without discrimination against the law enforcement officer, and whether the proposed discipline reasonably relates to the seriousness of the alleged violation and the officer’s record of service. [ss. 59.26 (8) (b) 5m., 59.52 (8) (b), 61.65 (1) (am), 62.13 (5) (em), and 62.50 (17) (b), Stats.]

- 4 -

Use of Choke Holds by Officers Background Current state law does not specifically regulate the use of choke holds by law enforcement officers. State law requires that each law enforcement agency have a written policy or standard regulating the use of force by law enforcement officers in the performance of their duties, but does not specify its content. [s. 66.0511 (2), Stats.] Some law enforcement agencies have opted to address the use of choke holds in the agency’s use-of-force policy. With respect to training, the Law Enforcement Standards Board (LESB)2 publishes a guide titled Defense and Arrest Tactics; a Training Guide for Law Enforcement Officers (“DAAT guide”), which sets forth the use-of-force standards on which officers are trained. The DAAT guide does not include specific training standards regarding the use of choke holds, though a choke hold may be considered an appropriate use of force under the DAAT guide, if justified under the circumstances, such as acting in self-defense. Recommendation The subcommittee recommends creating a statewide prohibition against any law enforcement agency’s use-of-force policy authorizing the use of choke holds by law enforcement officers, except in life- threatening situations or in self-defense, though one member3 opposes having any exceptions to the prohibition. In addition, the subcommittee recommends that “choke hold” be defined to include not only force that prevents or hinders breathing or air flow, but also force that hinders blood flow, such as carotid restraints. Public Access to Use-of-Force Policies Background State law requires that each law enforcement agency “make available for public scrutiny” a written policy regulating the use of force by law enforcement officers in the performance of their duties. [s. 66.0511 (2), Stats.] Recommendation The subcommittee recommends requiring that a law enforcement agency make its use-of-force policy publicly available on a website maintained by the law enforcement agency or, if the agency does not maintain its own site, on a website maintained by the municipality in which the law enforcement agency has jurisdiction. The subcommittee further recommends that a law enforcement agency: (1) ensure the website displays any updated policy as soon as practically possible but no later than one year after a change is made; (2) prominently display a means of requesting a copy of the policy; and (3) provide, upon request, a copy of the current policy free of charge within three days of the request. Statewide Standard for Use of Force by Officers Background Several sources of legal authority set the parameters for appropriate use of force by a law enforcement officer. Those sources of authority, in hierarchical order, are as follows: (1) the Fourth Amendment of

2 The LESB is a 15-member board attached to the Department of Justice (DOJ) with statutory responsibilities related to law enforcement training and certification. [ss. 15.255 (1) and 165.85, Stats.] 3 Where applicable, this report generally notes dissention from subcommittee members. However, upon request, dissention by subcommittee member ReBecca Burrell is expressly noted. - 5 - the U.S. Constitution, which generally protects a person’s right to be free from unreasonable searches and seizures; (2) state statutes or local ordinances, to the extent the state or a local unit of government has enacted a law governing an officer’s use of force; (3) the use-of-force policy adopted by the officer’s employing law enforcement agency; and (4) the training standards, particularly certain defensive and arrest tactics, adopted in the LESB’s DAAT guide. With respect to the Fourth Amendment, the U.S. Supreme Court has held that an officer’s use of force must be “objectively reasonable.” [Tennessee v. Garner, 471 U.S. 1 (1985); Graham v. Connor, 490 U.S. 386 (1989).] State law authorizes officers to use force in certain situations, including in self-defense and as a reasonable accomplishment of arrest, but the statutes do not expressly address the level or type of force that an officer may use. [ss. 939.45 and 939.48, Stats.] Recommendation The subcommittee generally recommends creation of a statewide standard governing use of force by law enforcement officers. However, after several discussions, the subcommittee did not reach consensus on a specific standard, with members primarily disagreeing on use of the term “proportional.” The subcommittee supports ongoing discussions by stakeholders for future consideration in the Legislature’s deliberations of the subcommittee’s recommendations.

LAW ENFORCEMENT TRANSPARENCY AND OVERSIGHT Independent Use-of-Force Review Advisory Board Background Current law imposes various procedures that may apply if an officer is involved in a critical use-of-force incident. For example, a police and fire commission or other reviewing authority may authorize disciplinary action against a law enforcement officer, based on a statutory “just cause” standard, or the officer may be subject to civil liability based on his or her use of force, depending on the circumstances. In addition, a law enforcement officer’s use of force may result in criminal charges against the officer. Specifically, if an event constitutes an “officer-involved” death, current law requires an independent investigation. Specifically, current law requires that each law enforcement agency have a written policy requiring that an investigation of any officer-involved death by at least two investigators, one of whom is the lead investigator and neither of whom is employed by the law enforcement agency that employs the officer involved in the officer-involved death. Though not required, DOJ’s Division of Criminal Investigations conducts many of the independent officer-involved death investigations for law enforcement agencies. The outside investigators must provide, in an expeditious manner, a complete report to the district attorney of the county in which the officer-involved death occurred. If the district attorney determines no basis exists for criminally prosecuting the officer involved in the officer- involved death, the investigators must publicly release the report that was provided to the district attorney. [s. 175.47, Stats.] The subcommittee reviewed a legislative proposal to create an independent use-of-force review advisory board, tasked generally with: (1) researching and reviewing the causes and contributing factors of certain use-of-force incidents involving law enforcement officers; (2) publishing an advisory report after conducting its investigation and analysis; and (3) sharing and recommending best practices. Recommendation The subcommittee generally supports creation of an independent use-of-force review advisory board, though some members expressed uncertainty about the board’s role. However, with the exception of - 6 - some members, the subcommittee further recommends that the board’s membership include permanent members representing diverse demographics who may be disproportionately impacted by use-of-force incidents. The subcommittee further recommends, with some members dissenting, that the board include, when analyzing specific use-of-force incidents, an additional member from the municipality in which the specific use-of-force incident occurred, to serve temporarily on the board to participate in the investigation and analysis for that specific incident. Body Cameras Background State law does not require use of body cameras by law enforcement agencies. However, for those agencies that opt to use body cameras, current law requires that the agency: (1) administer, and make publicly available, a written policy regarding their use, maintenance, and storage; (2) train officers and employees on certain topics related to body cameras; and (3) comply with certain requirements related to data retention and release. An agency’s policy on use of body cameras may, but is not required to, address activation. Body camera data are generally open to inspection and copying under Wisconsin’s Open Records Law, subject to certain exceptions. [s. 165.87, Stats.] According to the Legislative Fiscal Bureau, law enforcement agencies utilizing body cameras rely on local or federal funding sources to support their use, as no state funding is specifically dedicated to body cameras. Costs incurred for equipment purchase and data storage are the primary impediments to law enforcement agencies utilizing body cameras. Recommendation The subcommittee recommends that all active duty law enforcement officers who are primarily assigned to patrol functions be equipped with a body camera. The subcommittee further recommends creating a funding mechanism to assist agencies with costs associated with body cameras. The subcommittee supports collaboration among law enforcement agencies to reduce costs, assuming third- party vendors are willing to participate in such contracts. With respect to activation, the subcommittee recognizes that “24/7 activation” may be too costly and could raise privacy concerns for both officers and public citizens in certain situations. However, the subcommittee supports requiring body camera activation in certain situations in which an officer interacts with the public, such as enforcement and investigative contacts, or any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require activation. Statewide Collection of Data on Use of Force Background State law requires DOJ to collect, and law enforcement agencies to provide, information concerning the number and nature of offenses known to have been committed in this state, along with other information that DOJ may consider useful in the study of crime and the administration of justice. The information collected by DOJ must include data requested by the Federal Bureau of Investigation (FBI) under its uniform crime reports (UCR) program. [s. 165.845, Stats.] DOJ began collecting data on use of force by law enforcement officers in 2020. This effort was prompted, in part, by the FBI’s UCR program launching a National Use-of-Force Data Collection Program in 2019. DOJ currently collects data on the same types of use-of-force incidents that qualify for data collection under the FBI’s national program, those being: (1) use-of-force incidents resulting in a - 7 - person’s death; (2) use-of-force incidents resulting in serious injury to a person; and (3) use-of-force incidents resulting in an officer discharging a firearm at, or in the direction of, a person. Recommendation The subcommittee generally supports statewide standardization of law enforcement agencies’ reporting of use-of-force incidents involving law enforcement officers. The subcommittee recommends that DOJ collect data on other types of use-of-force incidents, such as any incident in which an officer draws his or her firearm at another person. One member noted concerns about potential fiscal implications of requiring agencies to report data. No-Knock Search Warrants Background Current state law allows officers to forcibly enter a person’s home or other premises without knocking and announcing their presence under certain circumstances. Generally, officers executing a search warrant must follow the “knock and announce” rule, which requires an officer to announce his or her identity and purpose, and provide occupants time to either refuse or consent to entry. However, as an exception, an officer may execute a “no-knock” search warrant if there is reasonable suspicion that announcing would be dangerous or futile, or would inhibit investigation of the crime. Recommendation The subcommittee recommends that DOJ collect data on the use of no-knock search warrants from all state and local law enforcement agencies, as well as federal law enforcement agencies, to the extent feasible. Collected data must include: (1) the number of no-knock search warrants applied for, granted, and executed, as compared to the number of knock-and-announce warrants; (2) the type of suspected crime for which any no-knock warrant was sought, granted, or executed; (3) the outcomes of executed no-knock warrants; (4) the race, age, and gender of any suspect identified in the warrant’s application. The subcommittee further recommends that DOJ publish a report on the collected data one year after the data collection requirement goes into effect. Some subcommittee members proposed banning the use of no-knock search warrants, with limited exceptions, while others expressed concern about imposing a ban in the absence of any statewide information on the prevalence of their use. Ultimately, the subcommittee lacked consensus on whether to recommend a prohibition against, or modification to, the use of no-knock search warrants. Employment Files of Law Enforcement Officers Background Current law does not explicitly require an employer to maintain a personnel file for each employee. However, for state employees, certain requirements for maintaining disciplinary records exist. While not expressly required under state law, the LESB collects from law enforcement agencies information on any officer separation from employment, using identifying categories such as resigned in good standing, resigned in lieu of termination, and terminated for cause. Employing agencies may access this information when conducting a pre-hire background investigation. Employing agencies may also seek information from the officer’s prior employing agency, though such information may be subject to a nondisclosure agreement entered into by the officer and the prior employing agency, depending on the circumstances. - 8 -

Recommendation The subcommittee recommends requiring law enforcement agencies to maintain an “employment file” that includes files relating to an officer’s employment, such as performance reviews, files related to job performance, internal affairs investigative files, personnel-related claims, and disciplinary actions. The subcommittee further recommends that an interviewing agency be allowed access to a candidate’s employment file and that a candidate be considered ineligible for employment or LESB certification if the candidate refuses to allow access to a file. Finally, the subcommittee recommends that nondisclosure agreements be prohibited from preventing such access.

OFFICER TRAINING AND STANDARDS Officer Drug Testing Background Pursuant to its statutory authority to establish minimum employment standards, the LESB requires applicants seeking employment as a law enforcement officer to submit to pre-employment drug testing. Specifically, prior to an applicant’s first date of employment, the applicant must submit to a drug test for the presence of the following controlled substances or classes of controlled substances or their metabolites: (1) amphetamines; (2) cannabis or cannabinoids; (3) opiates; (4) cocaine; and (5) phencyclidine (PCP). The prospective employing agency bears the costs of sample collection and analysis. The LESB will deny certification to any applicant who fails to appear for a drug test and does not have an explanation which is adequate to the prospective employing agency, refuses to take a test, or tests positively. [s. 165.85, Stats.; s. LES 2.02, Wis. Adm. Code.] Recommendation The subcommittee recommends requiring that each law enforcement agency adopt a written policy regarding drug and alcohol testing following an officer-involved critical incident, meaning an incident involving the death of, or great bodily harm to, an individual that results directly from an action of a law enforcement officer, or when an officer intentionally discharges his or her firearm at another person. The written policy should require each officer who is involved in an officer-involved critical incident to submit to drug and alcohol testing as soon as practicable after the incident. The written policy must also require a test that shows any presence and concentration of: (1) alcohol; (2) amphetamines; (3) cannabis or cannabinoids; (4) opiates; (5) cocaine; (6) PCP; and (7) anabolic steroids. Officer Psychological Evaluations Background As a condition to employment as a law enforcement officer, an individual must meet several recruit qualifications established by the LESB, including that the applicant is free from any physical, emotional, or mental condition which might adversely affect performance of duties as an officer. [s. LES 2.01 (1) (g), Wis. Adm. Code.] However, current law does not require individuals to undergo a psychological evaluation as a condition of employment as an officer, though some individual law enforcement agencies currently require such evaluations as a condition of hire. Recommendation The subcommittee recommends that, as a condition of initial employment or certification as a law enforcement officer, individuals be required to submit to a psychological examination to determine the individual’s personality characteristics and suitability to perform the duties of an officer. The - 9 - subcommittee further recommends requiring the LESB to promulgate administrative rules governing the administration and interpretation of psychological examinations, including the type of test used. The subcommittee generally supports other initiatives related to officer wellness, such as allowing law enforcement officers to receive worker’s compensation benefits based on a diagnosis of post-traumatic stress disorder, creating officer wellness programming through DOJ, and increasing the use of peer-to- peer support programs for officers. School Resource Officers Background School resource officers are not defined in state law, but are commonly understood to be law enforcement officers employed by law enforcement agencies to work within schools on a full-time or part-time basis. School districts have the discretion to determine whether to establish the use of school resource officers. The specific duties of a school resource officer and any required training are typically governed by a memorandum of understanding between a law enforcement agency and a school district. Current law does not impose training requirements or standards specific to school resource officers, though DOJ’s Office of School Safety currently offers guidance in developing SRO programs and advertises training initiatives for school resource officers, such as a 40-hour course sponsored by the National Association of School Resource Officers. Recommendation The subcommittee recommends creating a statewide requirement that any law enforcement officer employed as a school resource officer must complete training on the role and function of school resource officers, employment in an educational environment, and de-escalation techniques. Crisis Intervention Training Background Current law requires the LESB to establish an officer preparatory training program consisting of at least 600 hours of training. Pursuant to its authority to establish training criteria, the LESB has approved a training program curriculum of 720 hours, of which 20 hours are currently devoted to crisis management. [s. 165.85 (4) (a) and (5) (b), Stats.] State law further requires that law enforcement officers annually complete 24 hours of recertification training. Beyond certain statutory requirements for handgun and police pursuit training, each law enforcement agency may determine the remaining content for its officers’ recertification training. While crisis intervention training is not statutorily required as a component of an officer’s recertification training, law enforcement agencies may choose to provide such training to their officers. The state reimburses law enforcement agencies in an amount of $160 per officer for approved expenses related to completion of annual recertification training requirements. [s. 165.85 (4) (a) and (5) (b), Stats.] Current law provides grant funds that may be used by law enforcement agencies to provide crisis intervention training to their officers. Specifically, the Department of Health Services (DHS) is appropriated $250,000 each biennium to award grants for mental health crisis intervention training to law enforcement agencies. Currently, DHS contracts with the National Alliance on Mental Illness (NAMI) Wisconsin to administer the grant. NAMI’s 40-hour crisis intervention training program, conducted by mental health professionals and other stakeholders, trains officers on mental illness, the perspective of people with lived experience of mental illness, and crisis de-escalation skills. [s. 46.535, Stats.] - 10 -

Recommendation The subcommittee recommends that law enforcement officers complete a specified number of hours of crisis management training throughout their careers, with such hours counting towards an officer’s recertification requirements. The subcommittee also recommends increasing the DHS grant funds available to law enforcement agencies for crisis intervention training, along with directing that DHS, when administering those funds, ensure that crisis intervention training is accessible to law enforcement agencies in all regions of the state. Decertification of Law Enforcement Officers Background Under current state law, the LESB may decertify a law enforcement officer who does any of the following: (1) terminates employment or is terminated; (2) violates or fails to comply with an LESB rule, policy, or order relating to curriculum or training; (3) falsifies information to obtain or maintain certified status; (4) is certified as the result of an administrative error; (5) is convicted of a felony, or any offense that, if committed in Wisconsin, could be punished as a felony; (6) is convicted of a misdemeanor crime of domestic violence; or (7) fails to pay certain types of court-ordered support, such as child or family support or birth expenses, or fails to comply with a subpoena or warrant related to paternity or child support proceedings. [s. 165.85 (3) (cm), Stats.] Recommendation The subcommittee recommends creating various additional grounds on which the LESB may decertify an officer. First, the subcommittee recommends modifying the LESB’s authority to decertify an officer based on termination of employment, to instead allow decertification of an officer who resigns in lieu of termination or who is terminated for just cause. The subcommittee further recommends requiring the LESB to promulgate administrative rules governing the procedures and standards for review of decertification on this ground, and further requiring such rules include an analysis of the severity of the incident, the officer’s character, and the officer’s fitness to serve the interest of public safety. Some members expressed support for requiring the LESB to analyze whether an officer acted with reckless disregard for the safety of the public or any person. Second, the subcommittee recommends authorizing the LESB to decertify an officer when the officer enters into one of the following, whether pending or successfully completed, for any felony or crime related to domestic abuse: (1) a deferred judgment and sentencing agreement or deferred sentencing agreement; (2) a deferred prosecution agreement; or (3) a pretrial diversion agreement. Third, the subcommittee recommends creating new grounds related to domestic abuse, by allowing decertification when an officer is convicted of: (1) a misdemeanor crime of domestic violence, as defined under federal law; (2) domestic abuse, as defined under state law; or (3) a crime that is subject to the imposition of Wisconsin’s domestic abuse surcharge, regardless of whether any part of the surcharge was waived by the court.

COMMUNITY ENGAGEMENT Community Grant Programs Background The subcommittee considered various legislative proposals to provide grant programs to support community engagement. For example, the subcommittee reviewed a proposal to create a grant program - 11 - in which DOJ awards funds to cities with a population of 60,000 or more for community-oriented policing (COP) house programs, under which, very generally, a law enforcement agency purchases or builds a neighborhood home to build relationships with the community. The subcommittee also reviewed a proposal to create a DOJ-administered grant program that awards funds to community organizations utilizing evidence-based outreach and violence interruption strategies to mediate conflicts, prevent retaliation and other potentially violent situations, and connect individuals to community supports. Recommendation The subcommittee generally supports both grant programs. However, the subcommittee recommends that eligibility for the violence interruption grant program be expanded to include faith-based organizations. With respect to the COP house grant program, the subcommittee recommends that eligibility be expanded to metropolitan areas, rather than cities, with a population of 60,000 or more, and some members would further recommend eligibility be expanded to allow any municipality to qualify. The subcommittee also recommends that DOJ prioritize grants to applicants seeking to use the funds for a COP house that will serve as a community resource center, and authorize funds to be used not only for the purchase of a COP house, but also for programming offered at the COP house, including programs focused on recreation, mental health, education, and community listening and engagement. One member4 does not support a COP house grant program. Crisis Response Teams Background Crisis response teams, or “mobile crisis services,” are currently used by many counties to provide mental health services for individuals experiencing a mental health crisis. Current law does not mandate that every county have a mobile crisis service, though every county is required to provide general emergency mental health services. However, in order to receive reimbursement under the state’s Medical Assistance program for services provided to persons who are eligible under that program, an emergency mental health services program must have additional features, such as a mobile crisis service for on-site, in-person response. Mobile crisis services must include certain types of mental health professionals, such as psychologists, psychiatrists, psychiatric nurses, certified independent clinical social workers, professional counselors, and physician assistants with at least one year experience working in a clinical mental health facility. [s. DHS 34.22 (3) (b), Wis. Adm. Code.] State law currently provides $250,000 each biennium to DHS to award grants to counties or regions to establish or enhance crisis programs to serve individuals having crises in rural areas. Recipients must provide a 50 percent match for the state grant amount. [s. 46.536, Stats.] Among other proposals related to community-based health services, Governor Evers’s 2021-23 budget proposal would increase the funds appropriated to the crisis program to also provide grants to establish and enhance collaborative programs between law enforcement agencies and behavioral health emergency response services, and require recipients to match at least 25 percent of the grant amount awarded. Recommendation The subcommittee supports expansion of the crisis program grants to provide grants for establishing and enhancing collaborative programs between law enforcement agencies and behavioral health programs. The subcommittee further recommends requiring grant recipients to report on the use of the

4 ReBecca Burrell requested that her dissention be expressly noted. - 12 - funds, outcomes generated as a result of enhancing relationships between law enforcement and crisis response services, and any other accountability measures determined by DHS. Unnecessarily Summoning an Officer Background Current law includes crimes prohibiting a person from intentionally conveying false information in certain circumstances, such as bomb scares, false alarms to public officers, or obstructing an officer. Current law also allows a person to bring a civil cause of action against another person for various types of intentional torts, such as defamation, intentional infliction of emotional distress, and invasion of privacy. The subcommittee reviewed a legislative proposal to allow a person to seek damages from another who knowingly causes a law enforcement officer to arrive at a location to contact the person, with the intent to cause certain adverse outcomes, such as unlawfully discriminate, cause the person to feel harassed or embarrassed, or damage the person’s reputation. Recommendation The subcommittee recommends creating legal consequences to discourage individuals from unnecessarily summoning a law enforcement officer based on an individual’s intent to cause certain adverse outcomes. The subcommittee also expressed support for continued public engagement with law enforcement, including contacting the police to report public safety concerns in good faith.

- 13 -

APPENDIX 1

QUALIFIED IMMUNITY Throughout its work, the subcommittee heard testimony on and discussed the topic of qualified immunity, a federal doctrine that generally provides immunity from liability for government officials performing discretionary functions in cases involving the deprivation of statutory or constitutional rights, subject to limited exceptions. Recognizing that state legislation cannot modify the federal qualified immunity doctrine, the subcommittee generally discussed proposed modifications to governmental immunity under Wisconsin law. However, the subcommittee was unable to reach consensus on this topic. Some subcommittee members expressed support for eliminating immunity or narrowing the circumstances in which it may be invoked. Other members expressed concern for various unintended consequences, such as decreased officer recruitment and public safety risks, if immunity was eliminated or modified.

- 14 -

APPENDIX 2

MEMBERS OF THE SPEAKER’S TASK FORCE ON RACIAL DISPARITIES Subcommittee on Law Enforcement Policies and Standards

Representative Jim Steineke, 5th Assembly District | Task Force and Subcommittee Co-Chair Representative Shelia Stubbs, 77th Assembly District | Task Force and Subcommittee Co-Chair Reverend and Dr. Marcus Allen | Pastor, Mount Zion Baptist Church of Madison Kalvin Barrett | Law Enforcement Instructor, Madison College Keetra Burnette | Senior Director of Stakeholder Engagement, United Way Dane County ReBecca Burrell | Founder, Revolution Ready Danilo Cardenas | Milwaukee Police Association Nate Dreckman | Grant County Sheriff Pastor Dannie Evans | Former Probation and Parole Agent, Rock County Youth Justice Tony Gonzalez | Founder and Co-Chair, Toward One Wausau Pam Holmes | Retired Milwaukee Police Officer Tory Lowe| Co-F0under and CEO, Justice of Wisconsin Patrick Mitchell | Chief of Police, West Allis Orlando Owens | Minister, Abundant Harvest Church of God In Christ Jim Palmer | Executive Director, Wisconsin Professional Police Association Steven Roux | Chief of Police, Rice Lake Police Fred Royal | Vice President, Milwaukee NAACP Wayne Strong | Retired Lieutenant, Madison Police Department Reverend Yao Yang | Pastor, The Cross of Wausau, and Joseph Project Leader

Subcommittee on Education and Economic Development

Representative Robert Wittke, 62nd Assembly District | Subcommittee Co-Chair Representative Kalan Haywood, 16th Assembly District | Subcommittee Co-Chair Damond Boatwright | Regional President, SSM Health – Wisconsin Marty Calderon | Executive Director, God Touch Ministry of Milwaukee Ricardo Diaz | Retired and Former Director, United Community Center in Milwaukee Linda Fair | Advisor, Blackhawk Technical College Dr. Eve Hall | President and CEO, Milwaukee Urban League Tehassi Hill | Chair, Oneida Nation Dr. Jeremiah Holiday | Chief Academic Officer, Milwaukee Public Schools Theresa Jones | Vice President for Diversity, Inclusion, and Equity, Children’s Wisconsin Veronica King | Instructor, Gateway Technical College Ted Neitzke | CEO and Agency Administrator, CESA 6 Pastor Jerome Smith | Greater Praise Church of God In Christ, and Co-Founder, The Joseph Project

POLICING RECOMMENDATIONS

Action taken or Final Report of The President's Task Force on 21st Century Policing recommended 0.1 Overarching Recommendation: The President should support and provide funding for the creation of a National Crime and Justice Task Force to review and evaluate all components of the criminal justice system for the purpose of making Recommendations to the country on comprehensive criminal justice reform. 0.2 Overarching Recommendation: The President should promote programs that take a comprehensive and inclusive look at community‐based initiatives that address the core issues of poverty, education, health, and safety. x

Pillar One: Building Trust and Legitimacy 1.1 Recommendation: Law enforcement culture should embrace a guardian mindset to build public trust and legitimacy. Toward that end, police and sheriffs’ departments should adopt procedural justice as the guiding principle for internal and external policies and practices to guide their interactions with the citizens they serve. x 1.2 Recommendation: Law enforcement agencies should acknowledge the role of policing in past and present injustice and discrimination and how it is a hurdle to the promotion of community trust. 1.2.1 Action Item: The U.S. Department of Justice should develop and disseminate case studies that provide examples where past injustices were publicly acknowledged by law enforcement agencies in a manner to help build community trust. 1.3 Recommendation: Law enforcement agencies should establish a culture of transparency and accountability in order to build public trust and legitimacy. This will help ensure decision making is understood and in accord with stated policy x 1.3.1 Action Item: To embrace a culture of transparency, law enforcement agencies should make all department policies available for public review and regularly post on the department’s website information about stops, summonses, arrests, reported crime, and other law enforcement data aggregated by demographics. x 1.3.2 Action Item: When serious incidents occur, including those involving alleged police misconduct, agencies should communicate with citizens and the media swiftly, openly, and neutrally, respecting areas where the law requires confidentiality. x 1.4 Recommendation: Law enforcement agencies should promote legitimacy internally within the organization by applying the principles of procedural justice. x 1.4.1 Action Item: In order to achieve internal legitimacy, law enforcement agencies should involve employees in the process of developing policies and procedures. x 1.4.2 Action Item: Law enforcement agency leadership should examine opportunities to incorporate procedural justice into the internal discipline process, placing additional importance on values adherence rather than adherence to rules. Union leadership should be partners in this process. x 1.5 Recommendation: Law enforcement agencies should proactively promote public trust by initiating positive nonenforcement activities to engage communities that typically have high rates of investigative and enforcement involvement with government agencies x 1.5.1 Action item: In order to achieve external legitimacy, law enforcement agencies should involve the community in the process of developing and evaluating policies and procedures x

1 5/17/2021 POLICING RECOMMENDATIONS

1.5.2 Action item: Law enforcement agencies should institute residency incentive programs such as Resident Officer Programs. x 1.5.3 Action item: Law enforcement agencies should create opportunities in schools and communities for positive nonenforcement interactions with police. Agencies should also publicize the beneficial outcomes and images of positive, trust‐building partnerships and initiatives. x 1.5.4 Action Item: Use of physical control equipment and techniques against vulnerable populations—including children, elderly persons, pregnant women, people with physical and mental disabilities, limited English proficiency, and others—can undermine public trust and should be used as a last resort. Law enforcement agencies6 should carefully consider and review their policies towards these populations and adopt policies if none are in place x 1.6 Recommendation: Law enforcement agencies should consider the potential damage to public trust when implementing crime fighting strategies. x 1.6.1 Action item: Research conducted to evaluate the effectiveness of crime fighting strategies should specifically look at the potential for collateral damage of any given strategy on community trust and legitimacy. ? 1.7 Recommendation: Law enforcement agencies should track the level of trust in police by their communities just as they measure changes in crime. Annual community surveys, ideally standardized across jurisdictions and with accepted sampling protocols, can measure how policing in that community affects public trust. x 1.7.1 Action Item: The Federal Government should develop survey tools and instructions for use of such a model to prevent local departments from incurring the expense and to allow for consistency across jurisdictions. 1.8 Recommendation: Law enforcement agencies should strive to create a workforce that contains a broad range of diversity including race, gender, language, life experience, and cultural background to improve understanding and effectiveness in dealing with all communities. x 1.8.1 Action Item: The Federal Government should create a Law Enforcement Diversity Initiative designed to help communities diversify law enforcement departments to reflect the demographics of the community. 1.8.2 Action item: The department overseeing this initiative should help localities learn best practices for recruitment, training, and outreach to improve the diversity as well as the cultural and linguistic responsiveness of law enforcement agencies. ? 1.8.3 Action item: Successful law enforcement agencies should be highlighted and celebrated and those with less diversity should be offered technical assistance to facilitate change. x 1.8.4 Action item: Discretionary federal funding for law enforcement programs could be influenced by that department’s efforts to improve their diversity and cultural and linguistic responsiveness. 1.8.5 Action Item: Law enforcement agencies should be encouraged to explore more flexible staffing models. x 1.9 Recommendation: Law enforcement agencies should build relationships based on trust with immigrant communities. This is central to overall public safety. x

1.9.1 Action item: Decouple federal immigration enforcement from routine local policing for civil enforcement and nonserious crime x 1.9.2 Action Item: Law enforcement agencies should ensure reasonable and equitable language access for all persons who have encounters with police or who enter the criminal justice system.x

2 5/17/2021 POLICING RECOMMENDATIONS

1.9.3 Action Item: The U.S. Department of Justice should not include civil immigration information in the FBI’s National Crime Information Center database.

Pillar Two: Policy and Oversight 2.1 Recommendation: Law enforcement agencies should collaborate with community members to develop policies and strategies in communities and neighborhoods disproportionately affected by crime for deploying resources that aim to reduce crime by improving relationships, greater community engagement, and cooperation. x 2.1.1 Action Item: The Federal Government should incentivize this collaboration through a variety of programs that focus on public health, education, mental health, and other programs not traditionally part of the criminal justice system 2.2 Recommendation: Law enforcement agencies should have comprehensive policies on the use of force that include training, investigations, prosecutions, data collection, and information sharing. These policies must be clear, concise, and openly available for public inspection. x 2.2.1 Action Item: Law enforcement agency policies for training on use of force should emphasize de‐escalation and alternatives to arrest or summons in situations where appropriate. x 2.2.2 Action Item: These policies should also mandate external and independent criminal investigations in cases of police use of force resulting in death, officer‐involved shootings resulting in injury or death, or in‐custody deaths. x .2.3 Action Item: The task force encourages policies that mandate the use of external and independent prosecutors in cases of police use of force resulting in death, officer‐involved shootings resulting in injury or death, or in‐custody deaths. x 2.2.4 Action Item: Policies on use of force should also require agencies to collect, maintain, and report data to the Federal Government on all officer‐involved shootings, whether fatal or nonfatal, as well as any in‐custody death. x 2.2.5 Action Item: Policies on use of force should clearly state what types of information will be released, when, and in what situation, to maintain transparency. x .2.6 Action Item: Law enforcement agencies should establish a Serious Incident Review Board comprising sworn staff and community members to review cases involving officer involved shootings and other serious incidents that have the potential to damage community trust or confidence in the agency. The purpose of this board should be to identify any administrative, supervisory, training, tactical, or policy issues that need to be addressed. x 2.3 Recommendation: Law enforcement agencies are encouraged to implement nonpunitive peer review of critical incidents separate from criminal and administrative investigations. x 2.4 Recommendation: Law enforcement agencies are encouraged to adopt identification procedures that implement scientifically supported practices that eliminate or minimize presenter bias or influence. x

2.5 Recommendation: All federal, state, local, and tribal law enforcement agencies should report and make available to the public census data regarding the composition of their departments including race, gender, age, and other relevant demographic data x 2.5.1 Action Item: The Bureau of Justice Statistics should add additional demographic questions to the Law Enforcement Management and Administrative Statistics (LEMAS) survey in order to meet the intent of this Recommendation.

3 5/17/2021 POLICING RECOMMENDATIONS

2.6 Recommendation: Law enforcement agencies should be encouraged to collect, maintain, and analyze demographic data on all detentions (stops, frisks, searches, summons, and arrests). This data should be disaggregated by school and non‐school contacts. x 2.6.1 Action Item: The Federal Government could further incentivize universities and other organizations to partner with police departments to collect data and develop knowledge about analysis and benchmarks as well as to develop tools and templates that help departments manage data collection and analysis. 2.7 Recommendation: Law enforcement agencies should create policies and procedures for policing mass demonstrations that employ a continuum of managed tactical resources that are designed to minimize the appearance of a military operation and avoid using provocative tactics and equipment that undermine civilian trust x 2.7.1 Action Item: Law enforcement agency policies should address procedures for implementing a layered response to mass demonstrations that prioritize de‐escalation and a guardian mindset. x .7.2 Action Item: The Federal Government should create a mechanism for investigating complaints and issuing sanctions regarding the inappropriate use of equipment and tactics during mass demonstrations. 2.8 Recommendation: Some form of civilian oversight of law enforcement is important in order to strengthen trust with the community. Every community should define the appropriate form and structure of civilian oversight to meet the needs of that community. x 2.8.1 Action Item: The U.S. Department of Justice, through its research arm, the National Institute of Justice (NIJ), should expand its research agenda to include civilian oversight. 2.8.2 Action Item: The U.S. Department of Justice’s Office of Community Oriented Policing Services (COPS Office) should provide technical assistance and collect best practices from existing civilian oversight efforts and be prepared to help cities create this structure, potentially with some matching grants and funding 2.9 Recommendation: Law enforcement agencies and municipalities should refrain from practices requiring officers to issue a predetermined number of tickets, citations, arrests, or summonses, or to initiate investigative contacts with citizens for reasons not directly related to improving public safety, such as generating revenue. x 2.10 Recommendation: Law enforcement officers should be required to seek consent before a search and explain that a person has the right to refuse consent when there is no warrant or probable cause. Furthermore, officers should ideally obtain written acknowledgement that they have sought consent to a search in these circumstances. x 2.11 Recommendation: Law enforcement agencies should adopt policies requiring officers to identify themselves by their full name, rank, and command (as applicable) and provide that information in writing to individuals they have stopped. In addition, policies should require officers to state the reason for the stop and the reason for the search if one is conducted. x 2.11.1 Action Item: One example of how to do this is for law enforcement officers to carry business cards containing their name, rank, command, and contact information that would enable individuals to offer suggestions or commendations or to file complaints with the appropriate individual, office, or board. These cards would be easily distributed in all encounters. x

4 5/17/2021 POLICING RECOMMENDATIONS

2.12 Recommendation: Law enforcement agencies should establish search and seizure procedures related to LGBTQ and transgender populations and adopt as policy the Recommendation from the President’s Advisory Council on HIV/AIDS (PACHA) to cease using the possession of condoms as the sole evidence of vice. x 2.13 Recommendation: Law enforcement agencies should adopt and enforce policies prohibiting profiling and discrimination based on race, ethnicity, national origin, religion, age, gender, gender identity/expression, sexual orientation, immigration status, disability, housing status, occupation, or language fluency. x 2.13.1 Action Item: The Bureau of Justice Statistics should add questions concerning sexual harassment of and misconduct toward community members, and in particular LGBTQ and gender‐nonconforming people, by law enforcement officers to the Police Public Contact Survey. 2.13.2 Action Item: The Centers for Disease Control should add questions concerning sexual harassment of and misconduct toward community members, and in particular LGBTQ and gender‐nonconforming people, by law enforcement officers to the National Intimate Partner and Sexual Violence Survey. 2.13.3 Action Item: The U.S. Department of Justice should promote and disseminate guidance to federal, state, and local law enforcement agencies on documenting, preventing, and addressing sexual harassment and misconduct by local law enforcement agents, consistent with the Recommendations of the International Association of Chiefs of Police. 2.14 Recommendation: The U.S. Department of Justice, through the Office of Community Oriented Policing Services and Office of Justice Programs, should provide technical assistance and incentive funding to jurisdictions with small police agencies that take steps towards shared services, regional training, and consolidation. 2.15 Recommendation: The U.S. Department of Justice, through the Office of Community Oriented Policing Services, should partner with the International Association of Directors of Law Enforcement Standards and Training (IADLEST) to expand its National Decertification Index to serve as the National Register of Decertified Officers with the goal of covering all agencies within the United States and its territories.

Pillar Three: Technology & Social Media 3.1 Recommendation: The U.S. Department of Justice, in consultation with the law enforcement field, should broaden the efforts of the National Institute of Justice to establish national standards for the research and development of new technology. These standards should also address compatibility and interoperability needs both within law enforcement agencies and across agencies and jurisdictions and maintain civil and human rights protections 3.1.1 action item: The Federal Government should support the development and delivery of training to help law enforcement agencies learn, acquire, and implement technology tools and tactics that are consistent with the best practices of 21st century policing. 3.1.2 action item: As part of national standards, the issue of technology’s impact on privacy concerns should be addressed in accordance with protections provided by constitutional law 3.1.3 action item: Law enforcement agencies should deploy smart technology that is designed to prevent the tampering with or manipulating of evidence in violation of policy. x

5 5/17/2021 POLICING RECOMMENDATIONS

3.2 Recommendation: The implementation of appropriate technology by law enforcement agencies should be designed considering local needs and aligned with national standards. x 3.2.1 Action Item: Law enforcement agencies should encourage public engagement and collaboration, including the use of community advisory bodies, when developing a policy for the use of a new technology. x 3.2.2 Action Item: Law enforcement agencies should include an evaluation or assessment process to gauge the effectiveness of any new technology, soliciting input from all levels of the agency, from line officer to leadership, as well as assessment from members of the community. x 3.2.3 Action Item: Law enforcement agencies should adopt the use of new technologies that will help them better serve people with special needs or disabilities x 3.3 Recommendation: The U.S. Department of Justice should develop best practices that can be adopted by state legislative bodies to govern the acquisition, use, retention, and dissemination of auditory, visual, and biometric data by law enforcement 3.3.1 Action Item: As part of the process for developing best practices, the U.S. Department of Justice should consult with civil rights and civil liberties organizations, as well as law enforcement research groups and other experts, concerning the constitutional issues that can arise as a result of the use of new technologies. 3.3.2 Action Item: The U.S. Department of Justice should create toolkits for the most effective and constitutional use of multiple forms of innovative technology that will provide state, local, and tribal law enforcement agencies with a one‐stop clearinghouse of information and resources. 3.3.3 Action Item: Law enforcement agencies should review and consider the Bureau of Justice Assistance’s (BJA) Body Worn Camera Toolkit to assist in implementing BWCs. x 3.4 Recommendation: Federal, state, local, and tribal legislative bodies should be encouraged to update public record laws. x 3.5 Recommendation: Law enforcement agencies should adopt model policies and best practices for technology‐based community engagement that increases community trust and access. x 3.6 Recommendation: The Federal Government should support the development of new “less than lethal” technology to help control combative suspects. 3.6.1 Action Item: Relevant federal agencies, including the U.S. Departments of Defense and Justice, should expand their efforts to study the development and use of new less than lethal technologies and evaluate their impact on public safety, reducing lethal violence against citizens, constitutionality, and officer safety. 3.7 Recommendation: The Federal Government should make the development and building of segregated radio spectrum and increased bandwidth by FirstNet for exclusive use by local, state, tribal, and federal public safety agencies a top priority.

Pillar Four: Community Policing & Crime Reduction 4.1 Recommendation: Law enforcement agencies should develop and adopt policies and strategies that reinforce the importance of community engagement in managing public safety. x 4.1.1 Action Item: Law enforcement agencies should consider adopting preferences for seeking “least harm” resolutions, such as diversion programs or warnings and citations in lieu of arrest for minor infractions. x

6 5/17/2021 POLICING RECOMMENDATIONS

4.2 Recommendation: Community policing should be infused throughout the culture and organizational structure of law enforcement agencies. x 4.2.1 Action Item: Law enforcement agencies should evaluate officers on their efforts to engage members of the community and the partnerships they build. Making this part of the performance evaluation process places an increased value on developing partnerships. x 4.2.2 Action Item: Law enforcement agencies should evaluate their patrol deployment practices to allow sufficient time for patrol officers to participate in problem solving and community engagement activities. x 4.2.3 Action Item: The U.S. Department of Justice and other public and private entities should support research into the factors that have led to dramatic successes in crime reduction in some communities through the infusion of non‐discriminatory policing and to determine replicable factors that could be used to guide law enforcement agencies in other communities. ? 4.3 Recommendation: Law enforcement agencies should engage in multidisciplinary, community team approaches for planning, implementing, and responding to crisis situations with complex causal factors. x 4.3.1 Action Item: The U.S. Department of Justice should collaborate with others to develop and disseminate baseline models of this crisis intervention team approach that can be adapted to local contexts 4.3.2 Action Item: Communities should look to involve peer support counselors as part of multidisciplinary teams when appropriate. Persons who have experienced the same trauma can provide both insight to the first responders and immediate support to individuals in crisis x 4.3.3 Action Item: Communities should be encouraged to evaluate the efficacy of these crisis intervention team approaches and hold agency leaders accountable for outcomes. x 4.4 Recommendation: Communities should support a culture and practice of policing that reflects the values of protection and promotion of the dignity of all, especially the most vulnerable.x 4.4.1 Action Item: Because offensive or harsh language can escalate a minor situation, law enforcement agencies should underscore the importance of language used and adopt policies directing officers to speak to individuals with respect x 4.4.2 Action Item: Law enforcement agencies should develop programs that create opportunities for patrol officers to regularly interact with neighborhood residents, faith leaders, and business leaders x 4.5 Recommendation: Community policing emphasizes working with neighborhood residents to co‐produce public safety. Law enforcement agencies should work with community residents to identify problems and collaborate on implementing solutions that produce meaningful results for the community. x 4.5.1 Action Item: Law enforcement agencies should schedule regular forums and meetings where all community members can interact with police and help influence programs and policy x Neighbor to Neighbor 4.5.2 Action Item: Law enforcement agencies should engage youth and communities in joint training with law enforcement, citizen academies, ride‐alongs, problem solving teams, community action teams, and quality of life teams x 4.5.3 Action Item: Law enforcement agencies should establish formal community/citizen advisory committees to assist in developing crime prevention strategies and agency policies as well as provide input on policing issues. x

7 5/17/2021 POLICING RECOMMENDATIONS

4.5.4 Action Item: Law enforcement agencies should adopt community policing strategies that support and work in concert with economic development efforts within communities x 4.6 Recommendation: Communities should adopt policies and programs that address the needs of children and youth most at risk for crime or violence and reduce aggressive law enforcement tactics that stigmatize youth and marginalize their participation in schools and communities. x 4.6.1 Action Item: Education and criminal justice agencies at all levels of government should work together to reform policies and procedures that push children into the juvenile justice system. x 4.6.2 Action Item: In order to keep youth in school and to keep them from criminal and violent behavior, law enforcement agencies should work with schools to encourage the creation of alternatives to student suspensions and expulsion through restorative justice, diversion, counseling, and family interventions. x 4.6.3 Action Item: Law enforcement agencies should work with schools to encourage the use of alternative strategies that involve youth in decision making, such as restorative justice, youth courts, and peer interventions. x 4.6.4 Action Item: Law enforcement agencies should work with schools to adopt an instructional approach to discipline that uses interventions or disciplinary consequences to help students develop new behavior skills and positive strategies to avoid conflict, redirect energy, and refocus on learning x 4.6.5 Action Item: Law enforcement agencies should work with schools to develop and monitor school discipline policies with input and collaboration from school personnel, students, families, and community members. These policies should prohibit the use of corporal punishment and electronic control devices x 4.6.6 Action Item: Law enforcement agencies should work with schools to create a continuum of developmentally appropriate and proportional consequences for addressing ongoing and escalating student misbehavior after all appropriate interventions have been attempted x 4.6.7 Action Item: Law enforcement agencies should work with communities to play a role in programs and procedures to reintegrate juveniles back into their communities as they leave the juvenile justice system. x 4.6.8 Action Item: Law enforcement agencies and schools should establish memoranda of agreement for the placement of School Resource Officers that limit police involvement in student discipline x 4.6.9 Action Item: The Federal Government should assess and evaluate zero tolerance strategies and examine the role of reasonable discretion when dealing with adolescents in consideration of their stages of maturation or development. 4.7 Recommendation: Communities need to affirm and recognize the voices of youth in community decision making, facilitate youth‐ led research and problem solving, and develop and fund youth leadership training and life skills through positive youth/police collaboration and interactions x 4.7.1 Action Item: Communities and law enforcement agencies should restore and build trust between youth and police by creating programs and projects for positive, consistent, and persistent interaction between youth and police. x 4.7.2 Action Item: Communities should develop community‐ and school‐based evidence‐based programs that mitigate punitive and authoritarian solutions to teen problems x

8 5/17/2021 POLICING RECOMMENDATIONS

Pillar Five: Training & Education 5.1 Recommendation: The Federal Government should support the development of partnerships with training facilities across the country to promote consistent standards for high quality training and establish training innovation hubs 5.1.1 Action Item: The training innovation hubs should develop replicable model programs that use adult‐based learning and scenario‐ based training in a training environment modeled less like boot camp. Through these programs the hubs would influence nationwide curricula, as well as instructional methodology. 5.1.2 Action Item: The training innovation hubs should establish partnerships with academic institutions to develop rigorous training practices, evaluation, and the development of curricula based on evidence‐based practices. 5.1.3 Action Item: The Department of Justice should build a stronger relationship with the International Association of Directors of Law Enforcement (IADLEST) in order to leverage their network with state boards and commissions of Peace Officer Standards and Training (POST). 5.2 Recommendation: Law enforcement agencies should engage community members in the training process x 5.2.1 Action Item: The U.S. Department of Justice should conduct research to develop and disseminate a toolkit on how law enforcement agencies and training programs can integrate community members into this training process. 5.3 Recommendation: Law enforcement agencies should provide leadership training to all personnel throughout their careers. x 5.3.1 Action Item: Recognizing that strong, capable leadership is required to create cultural transformation, the U.S. Department of Justice should invest in developing learning goals and model curricula/training for each level of leadership 5.3.2 Action Item: The Federal Government should encourage and support partnerships between law enforcement and academic institutions to support a culture that values ongoing education and the integration of current research into the development of training, policies, and practices. 5.3.3 Action Item: The U.S. Department of Justice should support and encourage cross‐discipline leadership training. x 5.4 Recommendation: The U.S. Department of Justice should develop, in partnership with institutions of higher education, a national postgraduate institute of policing for senior executives with a standardized curriculum preparing them to lead agencies in the 21st century 5.5 Recommendation: The U.S. Department of Justice should instruct the Federal Bureau of Investigation to modify the curriculum of the National Academy at Quantico to include prominent coverage of the topical areas addressed in this report. In addition, the COPS Office and the Office of Justice Programs should work with law enforcement professional organizations to encourage modification of their curricula in a similar fashion.

5.6 Recommendation: POSTs should make Crisis Intervention Training (CIT) a part of both basic recruit and in‐service officer training. x 5.6.1 Action Item: Because of the importance of this issue, Congress should appropriate funds to help support law enforcement crisis intervention training. 5.7 Recommendation: POSTs should ensure that basic officer training includes lessons to improve social interaction as well as tactical skills. x

9 5/17/2021 POLICING RECOMMENDATIONS

5.8 Recommendation: POSTs should ensure that basic recruit and in‐service officer training include curriculum on the disease of addiction. x 5.9 Recommendation: POSTs should ensure both basic recruit and in‐service training incorporates content around recognizing and confronting implicit bias and cultural responsiveness. x

5.9.1 Action Item: Law enforcement agencies should implement ongoing, top down training for all officers in cultural diversity and related topics that can build trust and legitimacy in diverse communities. This should be accomplished with the assistance of advocacy groups that represent the viewpoints of communities that have traditionally had adversarial relationships with law enforcement.x 5.9.2 Action Item: Law enforcement agencies should implement training for officers that covers policies for interactions with the LGBTQ population, including issues such as determining gender identity for arrest placement, the Muslim, Arab, and South Asian communities, and immigrant or non‐English speaking groups, as well as reinforcing policies for the prevention of sexual misconduct and harassment. x 5.10 Recommendation: POSTs should require both basic recruit and in‐service training on policing in a democratic society. x 5.11 Recommendation: The Federal Government, as well as state and local agencies, should encourage and incentivize higher education for law enforcement officers. x 5.11.1 Action Item: The Federal Government should create a loan repayment and forgiveness incentive program specifically for policing.

5.12 Recommendation: The Federal Government should support research into the development of technology that enhances scenario‐ based training, social interaction skills, and enables the dissemination of interactive distance learning for law enforcement. 5.13 Recommendation: The U.S. Department of Justice should support the development and implementation of improved Field Training Officer programs. 5.13.1 Action Item: The U.S. Department of Justice should support the development of broad Field Training Program standards and training strategies that address changing police culture and organizational procedural justice issues that agencies can adopt and customize to local needs. 5.13.2 Action Item: The U.S. Department of Justice should provide funding to incentivize agencies to update their Field Training Programs in accordance with the new standards.

Pillar Six:: Officer Wellness & Safety 6.1 Recommendation: The U.S. Department of Justice should enhance and further promote its multi‐faceted officer safety and wellness initiative. ? 6.1.1 Action Item: Congress should establish and fund a national “Blue Alert” warning system. 6.1.2 Action Item: The U.S. Department of Justice, in partnership with the U.S. Department of Health and Human Services, should establish a task force to study mental health issues unique to officers and recommend tailored treatments

10 5/17/2021 POLICING RECOMMENDATIONS

6.1.3 Action Item: The Federal Government should support the continuing research into the efficacy of an annual mental health check for officers, as well as fitness, resilience, and nutrition 6.1.4 Action Item: Pension plans should recognize fitness for duty examinations as definitive evidence of valid duty or non‐duty related disability. ?

6.1.5 Action Item: Public Safety Officer Benefits (PSOB) should be provided to survivors of officers killed while working, regardless of whether the officer used safety equipment (seatbelt or anti‐ballistic vest) or if officer death was the result of suicide attributed to a current diagnosis of duty‐related mental illness, including but not limited to post‐traumatic stress disorder (PTSD) x 6.2 Recommendation: Law enforcement agencies should promote safety and wellness at every level of the organization. x 6.2.1 Action Item: Though the Federal Government can support many of the programs and best practices identified by the U.S. Department of Justice initiative described in Recommendation 6.1, the ultimate responsibility lies with each agency. 6.3 Recommendation: The U.S. Department of Justice should encourage and assist departments in the implementation of scientifically supported shift lengths by law enforcement. ? 6.3.1 Action Item: The U.S. Department of Justice should fund additional research into the efficacy of limiting the total number of hours an officer should work within a 24–48‐hour period, including special findings on the maximum number of hours an officer should work in a high risk or high stress environment (e.g., public demonstrations or emergency situations 6.4 Recommendation: Every law enforcement officer should be provided with individual tactical first aid kits and training as well as anti‐ballistic vests. x 6.4.1 Action Item: Congress should authorize funding for the distribution of law enforcement individual tactical first aid kits 6.4.2 Action Item: Congress should reauthorize and expand the Bulletproof Vest Partnership (BVP) program 6.5 Recommendation: The U.S. Department of Justice should expand efforts to collect and analyze data not only on officer deaths but also on injuries and “near misses.” ? 6.6 Recommendation: Law enforcement agencies should adopt policies that require officers to wear seat belts and bullet‐proof vests and provide training to raise awareness of the consequences of failure to do so x 6.7 Recommendation: Congress should develop and enact peer review error management legislation. x 6.8 Recommendation: The U.S. Department of Transportation should provide technical assistance opportunities for departments to explore the use of vehicles equipped with vehicle collision prevention “smart car” technology that will reduce the number of accidents.

IMPLEMENTATION

7.1 Recommendation: The President should direct all federal law enforcement agencies to review the Recommendations made by the Task Force on 21st Century Policing and, to the extent practicable, to adopt those that can be implemented at the federal level

11 5/17/2021 POLICING RECOMMENDATIONS

7.2 Recommendation: The U.S. Department of Justice should explore public‐private partnership opportunities, starting by convening a meeting with local, regional, and national foundations to discuss the proposals for reform described in this report and seeking their engagement and support in advancing implementation of these Recommendations 7.3 Recommendation: The U.S. Department of Justice should charge its Office of Community Oriented Policing Services (COPS Office) with assisting the law enforcement field in addressing current and future challenges.

Wisconsin Professional Police Association Blueprint for Change Training & Standards Use of Force: Codify and establish uniform statewide policies on use of force. ? De‐escalation Training: Establish uniform statewide policies and requirement for training in de‐escalation tactics. ? Chokeholds: Require law enforcement agencies to develop policies prohibiting their use except in "life or death" situations. x Whistleblower Protections: Establish a law against disciplining a law enforcement officer who reports a violation of use of force p[policies. x School Resource Officers: Create uniform education and training standards for SROs. ? Professional Transparency: Require all use of force policies to be made available to the public online. x Oversight & Accountability Law Enforcement Standards Board: Expand the authority to regulate the training and certification of law enforcement officers. Body‐Worn Cameras: Establish a three‐year grant program to support expansion of their use statewide. cameras in use "Police and Community Safety Board": Create a statewide nonpartisan professional conduct entity to research, review, and report annually on use of force incidents. Use of Force Reporting: Require the DOJ to publish an annual report detailing use of force incidents including demographics. PFC: Community Involvement: Increase community involvement in Police and Fire Commissions (PFC), strengthen roles and responsibilities of civilian oversight. x

Disciplinary Actions ‐ Data Collection: Expand the Wisconsin DOJ data collection to include disciplinary complaints and outcomes. "No Knock" Warrant Tracking: Require all law enforcement agencies to submit annual reports to DOJ. x "Riot" Penalties: Establish criminal penalties for persons that intentionally participate in public violence and destruction. x Discriminatory Call For Police Action: Develop a law to punish unnecessary, racially‐motivated calls to police that are intended to humiliate, harm or harass others. x "Frivolous" Complaint Protections: Establish criminal penalties for knowingly filing a false complaint against officers' actions. x Brady List Legislation: Pursue new legislation to inject procedural justice and transparency ‐ for both officers and the general public ‐ to the manner in which district attorneys designate officers as untruthful. Community Engagement & Innovation Community Policing: Establish a funding mechanism (grant program) to expand community policing in Wisconsin.

12 5/17/2021 POLICING RECOMMENDATIONS

Crisis Intervention Training: Increase state funding for crisis intervention training program and increase the number of officers who undergo the training. ? Study Alternatives to Policing; "Crisis Management Teams": Create a legislative study committee to develop models and alternatives to police responses (e.g. teams of police, social workers and mental health professionals) Study Alternatives to Policing; "Crisis Management Teams": Establish a pilot program and funding source to develop, test, and evaluate efficacy of crisis teams ? Civil Commitments: Expand final care and locations options for those in need of emergency health detentions. Winnebago Mental Health Institute (Oshkosh) is only certified drop‐off for patients. ? Officer Wellness Post‐Traumatic Stress Disorder: Provide worker's compensation coverage for public safety officers diagnosed with PTSD because of their employment. State Wellness Coordinator: Create a DOJ position dedicated to office wellness and expand funding for wellness training and suicide prevention. Officer Confidentiality Protections: Create privacy protections for officers who seek assistance through "peer support" programs with key exceptions. x

Assembly Speaker's Task Force on Racial Disparities: Subcommittee on Law Enforcement Policies and Standards

USE OF FORCE BY LAW ENFORCEMENT Duty to Report and Intervene: The subcommittee recommends requiring, as a matter of state law, that officers intervene and report to his or her supervisor as soon as feasible after an officer observes another officer using force that the reporting officer reasonably believes to exceed the authorized level of force. The subcommittee further recommends specifying criminal penalties for an officer’s failure to report or intervene, by creating a specific ground under the current law crime of misconduct in office. x

Whistleblower Protections: Recommendation The subcommittee recommends creating express protections for any law enforcement officer who reports, as soon as feasible, when observing another officer using force that the reporting officer believes to be excessive. Specifically, the subcommittee recommends that a law enforcement officer should not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to employment, or threatened with any such treatment, because the officer reports or intervenes pursuant to the duty to report or intervene. x Use of Choke Holds by Officers: The subcommittee recommends creating a statewide prohibition against any law enforcement agency’s use‐of‐force policy authorizing the use of choke holds by law enforcement officers, except in life threatening situaons or in self‐defense, though one member3 opposes having any exceptions to the prohibition. In addition, the subcommittee recommends that “choke hold” be defined to include not only force that prevents or hinders breathing or air flow, but also force that hinders blood flow, such as carotid restraints. x

13 5/17/2021 POLICING RECOMMENDATIONS

Public Access to Use‐of‐Force Policies: The subcommittee recommends requiring that a law enforcement agency make its use‐of‐ force policy publicly available on a website maintained by the law enforcement agency or, if the agency does not maintain its own site, on a website maintained by the municipality in which the law enforcement agency has jurisdiction. The subcommittee further recommends that a law enforcement agency: (1) ensure the website displays any updated policy as soon as practically possible but no later than one year after a change is made; (2) prominently display a means of requesting a copy of the policy; and (3) provide, upon request, a copy of the current policy free of charge within three days of the request. x

Statewide Standard for Use of Force by Officers: The subcommittee generally recommends creation of a statewide standard governing use of force by law enforcement officers. However, after several discussions, the subcommittee did not reach consensus on a specific standard, with members primarily disagreeing on use of the term “proportional.” The subcommittee supports ongoing discussions by stakeholders for future consideration in the Legislature’s deliberations of the subcommittee’s recommendations. LAW ENFORCEMENT TRANSPARENCY AND OVERSIGHT Independent Use‐of‐Force Review Advisory Board: The subcommittee generally supports creation of an independent use‐of‐force review advisory board, though some members expressed uncertainty about the board’s role. However, with the exception of some members, the subcommittee further recommends that the board’s membership include permanent members representing diverse demographics who may be disproportionately impacted by use‐of‐force incidents. The subcommittee further recommends, with some members dissenting, that the board include, when analyzing specific use‐of‐force incidents, an additional member from the municipality in which the specific use‐of‐force incident occurred, to serve temporarily on the board to participate in the investigation and analysis for that specific incident. ? Body Cameras: The subcommittee recommends that all active duty law enforcement officers who are primarily assigned to patrol functions be equipped with a body camera. The subcommittee further recommends creating a funding mechanism to assist agencies with costs associated with body cameras. The subcommittee supports collaboration among law enforcement agencies to reduce costs, assuming third party vendors are willing to parcipate in such contracts. With respect to acvaon, the subcommiee recognizes that “24/7 activation” may be too costly and could raise privacy concerns for both officers and public citizens in certain situations. However, the subcommittee supports requiring body camera activation in certain situations in which an officer interacts with the public, such as enforcement and investigative contacts, or any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require activation. x

Statewide Collection of Data on Use of Force: The subcommittee generally supports statewide standardization of law enforcement agencies’ reporting collect data on other types of use‐of‐force incidents, such as any incident in which an officer draws his or her firearm at another person. One member noted concerns about potential fiscal implications of requiring agencies to report data. x

14 5/17/2021 POLICING RECOMMENDATIONS

No‐Knock Search Warrants: The subcommittee recommends that DOJ collect data on the use of no‐knock search warrants from all state and local law enforcement agencies, as well as federal law enforcement agencies, to the extent feasible. Collected data must include: (1) the number of no‐knock search warrants applied for, granted, and executed, as compared to the number of knock‐and‐ announce warrants; (2) the type of suspected crime for which any no‐knock warrant was sought, granted, or executed; (3) the outcomes of executed no‐knock warrants; (4) the race, age, and gender of any suspect identified in the warrant’s application. The subcommittee further recommends that DOJ publish a report on the collected data one year after the data collection requirement goes into effect. Some subcommittee members proposed banning the use of no‐knock search warrants, with limited exceptions, while others expressed concern about imposing a ban in the absence of any statewide information on the prevalence of their use. Ultimately, the subcommittee lacked consensus on whether to recommend a prohibition against, or modification to, the use of no‐knock search warrants. ? Employment Files of Law Enforcement Officers: The subcommittee recommends requiring law enforcement agencies to maintain an “employment file” that includes files relating to an officer’s employment, such as performance reviews, files related to job performance, internal affairs investigative files, personnel‐related claims, and disciplinary actions. The subcommittee further recommends that an interviewing agency be allowed access to a candidate’s employment file and that a candidate be considered ineligible for employment or LESB certification if the candidate refuses to allow access to a file. Finally, the subcommittee recommends that nondisclosure agreements be prohibited from preventing such access. x OFFICER TRAINING AND STANDARDS Officer Drug Testing: The subcommittee recommends requiring that each law enforcement agency adopt a written policy regarding drug and alcohol testing following an officer‐involved critical incident, meaning an incident involving the death of, or great bodily harm to, an individual that results directly from an action of a law enforcement officer, or when an officer intentionally discharges his or her firearm at another person. The written policy should require each officer who is involved in an officer‐involved critical incident to submit to drug and alcohol testing as soon as practicable after the incident. The written policy must also require a test that shows any presence and concentration of: (1) alcohol; (2) amphetamines; (3) cannabis or cannabinoids; (4) opiates; (5) cocaine; (6) PCP; and (7) anabolic steroids. x Officer Psychological Evaluations: The subcommittee recommends that, as a condition of initial employment or certification as a law enforcement officer, individuals be required to submit to a psychological examination to determine the individual’s personality characteristics and suitability to perform the duties of an officer. The subcommittee further recommends requiring the LESB to promulgate administrative rules governing the administration and interpretation of psychological examinations, including the type of test used. The subcommittee generally supports other initiatives related to officer wellness, such as allowing law enforcement officers to receive worker’s compensation benefits based on a diagnosis of post‐traumatic stress disorder, creating officer wellness programming through DOJ, and increasing the use of peer‐to peer support programs for officers. ?

15 5/17/2021 POLICING RECOMMENDATIONS

School Resource Officers: The subcommittee recommends creating a statewide requirement that any law enforcement officer employed as a school resource officer must complete training on the role and function of school resource officers, employment in an educational environment, and de‐escalation techniques. Crisis Intervention Training: The subcommittee recommends that law enforcement officers complete a specified number of hours of crisis management training throughout their careers, with such hours counting towards an officer’s recertification requirements. The subcommittee also recommends increasing the DHS grant funds available to law enforcement agencies for crisis intervention training, along with directing that DHS, when administering those funds, ensure that crisis intervention training is accessible to law enforcement agencies in all regions of the state. x

Decertification of Law Enforcement Officers: The subcommittee recommends creating various additional grounds on which the LESB may decertify an officer. First, the subcommittee recommends modifying the LESB’s authority to decertify an officer based on termination of employment, to instead allow decertification of an officer who resigns in lieu of termination or who is terminated for just cause. The subcommittee further recommends requiring the LESB to promulgate administrative rules governing the procedures and standards for review of decertification on this ground, and further requiring such rules include an analysis of the severity of the incident, the officer’s character, and the officer’s fitness to serve the interest of public safety. Some members expressed support for requiring the LESB to analyze whether an officer acted with reckless disregard for the safety of the public or any person. Second, the subcommittee recommends authorizing the LESB to decertify an officer when the officer enters into one of the following, whether pending or successfully completed, for any felony or crime related to domestic abuse: (1) a deferred judgment and sentencing agreement or deferred sentencing agreement; (2) a deferred prosecution agreement; or (3) a pretrial diversion agreement. Third, the subcommittee recommends creating new grounds related to domestic abuse, by allowing decertification when an officer is convicted of: (1) a misdemeanor crime of domestic violence, as defined under federal law; (2) domestic abuse, as defined under state law; or (3) a crime that is subject to the imposition of Wisconsin’s domestic abuse surcharge, regardless of whether any part of the surcharge was waived by the court. ? COMMUNITY ENGAGEMENT Community Grant Programs: The subcommittee generally supports both grant programs. However, the subcommittee recommends that eligibility for the violence interruption grant program be expanded to include faith‐based organizations. With respect to the COP house grant program, the subcommittee recommends that eligibility be expanded to metropolitan areas, rather than cities, with a population of 60,000 or more, and some members would further recommend eligibility be expanded to allow any municipality to qualify. The subcommittee also recommends that DOJ prioritize grants to applicants seeking to use the funds for a COP house that will serve as a community resource center, and authorize funds to be used not only for the purchase of a COP house, but also for programming offered at the COP house, including programs focused on recreation, mental health, education, and community listening and engagement. One member does not support a COP house grant program.

16 5/17/2021 POLICING RECOMMENDATIONS

Crisis Response Teams: The subcommittee supports expansion of the crisis program grants to provide grants for establishing and enhancing collaborative programs between law enforcement agencies and behavioral health programs. The subcommittee further recommends requiring grant recipients to report on the use of the funds, outcomes generated as a result of enhancing relationships between law enforcement and crisis response services, and any other accountability measures determined by DHS. ? Unnecessarily Summoning an Officer: The subcommittee recommends creating legal consequences to discourage individuals from unnecessarily summoning a law enforcement officer based on an individual’s intent to cause certain adverse outcomes. The subcommittee also expressed support for continued public engagement with law enforcement, including contacting the police to report public safety concerns in good faith. x

17 5/17/2021 TASKS/OBJECTIVES Actionable item Due Action taken Lead/Responsi date ble Party 1 Access and analyze Wausau's current policing policies Review existing policies and Policies and Procedures shared with Task and practices including the implications the policies procedures Force (thumb drive) 9/21/20 Officer and practices have on the City, its residents, and Involved shootings 11/23/20, 12/9/20 and resources. 1/11/21 Use of force report 10/19/20 2 Investigate underlying social needs, including mental Identified PTDS as an issue for officers 2/8 health problems /21; 3 Identify underlying\social needs, including mental Presentation from Officer Lemeron on health problems, homelessness, and trauma that homelesssness pilot project inititaive on bring people into contact with law enforcement 4/7/21 by Officer Eric Lemirand; Overview of mental health statutes ansd services provided by NCHC by Michael Loy on 4 Analyze the Police and Fire Commission's officer, Overview of PD Bliven 9/21/20 Disciplinary screening, selection, hiring, and disciplinary process Procedures/Citizen Complaints Todd Baeton and develop recommendations together with the 11/23/20 Police and Fire Commission 5 Examine systemic racism and weigh the impact on service delivery, including policing, in the City of 6 Suggest additional research, data and analysis to be undertaken in order to reach the Task Force and community goals 7 Evaluate the role of citizen oversight, including but not limited to Wausau's Police and Fire Commission in Wausau's policing practices 8 Participate in community engagement activities and Host listening sessions. Conduct Contract with WIPPS on community WIPPS dialogues about policing, human service needs, and surveys and facilitate focus engagement process Public input received systematic racism groups February to March 6, 2021 9 Conduct a public hearing on the proposed recommendations 10 Facilitate communication between the Wausau Policing Task Force, other local governmental units 11 The committee's work and recommendations should protect the public health, safety, and welfare and promote the public interest consistent with Coty of Wausau Municipal Code and state and federal laws 12 Recommend priorities for local actions proposed by the Wausau Policing Task Force 13 Develop a plan of action for Wausau Policing Task Force recommendations conferring with the Police and Fire Commission where advisable 14 Other duties delegated by Mayor and Common