Blueprint for Police Accountability and Reform

A New Vision for Policing and the Justice System BLUEPRINT FOR POLICE ACCOUNTABILITY AND REFORM 2

Contents

03 Introduction 05 A New Vision for the Justice System “We must begin the 07 A New Vision for Policing u Demilitarizing Policing process of meaningful u Ensuring Accountability reform which requires u Promoting Transparency u and Protecting open, honest discussions Human Life about human rights and u Racial Justice 12 A New Vision for racial disparities in law Prosecution enforcement.”

-Brian Middleton Fort Bend County, TX District Attorney BLUEPRINT FOR POLICE ACCOUNTABILITY AND REFORM 3 3

INTRODUCTION The recent murders of and Breonna Taylor are among many horrifying episodes of and excessive force that have long targeted and devastated Black, Indigenous, and other communities of color across the nation. These incidents – and persistent problems with – lay bare the unbroken link between slavery and modern racially- biased policing and elevate the urgent moral imperative for a reset of the justice system. Structural reform is necessary to promote a justice system that lives up to its name.

For years, murders of Black people at the hands national level, minimal state leadership of law enforcement have prompted calls for advancing change, and woefully deficient reform, to little avail. Meanwhile, police accountability for individual officers who have departments and budgets have been allowed to perpetrated misconduct. Protected in many grow, with law enforcement and the justice places by a system controlled by their own system – rather than communities, prevention, agencies and police unions, law enforcement and social networks – serving as the default officers have been shielded from consequences response for individuals struggling with mental and allowed to stay on the job despite illness, substance use, and manifestations of documented misconduct, rarely face criminal poverty. Burgeoning law enforcement, criminal charges, and often are rehired in different justice, and corrections system investments have jurisdictions when terminated. The widespread often come at the expense of community failure to address misconduct has rightfully investment and fortifying community-driven fractured trust between law enforcement and the networks. This has resulted in a criminal justice public – particularly Black people – leaving system that has grown too large, with law communities both overpoliced and under- enforcement doing too much, and alternative protected. responders and support mechanisms doing too little. Combatting the racism interwoven throughout our nation’s justice system demands the At the same time, an epidemic of unaddressed immediate adoption of concrete and systemic police misconduct has led to countless Black reforms that will reset our priorities and our lives lost to police violence. There has been a justice system, while also advancing policing fundamental failure in systemic reform at the reforms that have languished for decades. BLUEPRINT FOR POLICE ACCOUNTABILITY AND REFORM 4

the only actors who can and should propel change. This Blueprint for Police Accountability and Reform provides concrete policy recommendations that elected officials, chief As we watch protests...it is critical that we prosecutors, law enforcement heads, and other not lose sight of the history underlying leaders, must embrace and advance if we are to the grief and anger. These protests address the epidemic of police misconduct and are...about the racial injustice pervasive in our nation’s justice and...so much more. system.1 Unless we seize this moment and bring Four hundred years of racism... all levers of change together, we will not disproportionately killing black people. succeed in bringing about long overdue

-Satana Deberry transformation and building trust in the integrity Durham County, NC District Attorney of our criminal justice system.

Communities of color have waited far too long Change must be multifaceted and multi-focused for change. Many are watching and waiting to and include: shifting resources away from see if leaders will have the resolve to implement policing and instead investing in communities, reforms. Failure to act now – in this critical reimagining the role of police and prosecutors, moment – is simply not an option. and implementing previously stalled changes in federal and state laws to hold law enforcement accountable.

These reforms are achievable. They simply We have to see each other as brothers require the resolve to act. Criminal justice and and sisters, sons and daughters, and government leaders must be willing to take on mothers and fathers. We have to come the political forces that have long been invested together with warmth, humility and in perpetuating the racist and untenable status mostly, humanity so we can develop unity quo – including police unions and others with a and address the problem – because it is financial stake in maintaining this starting point – OUR problem. when they stand in the way of needed reforms. -Buta Biberaj Prosecutors have a critical role to play in making Loudoun County, VA Commonwealth’s Attorney and promoting these changes. But they are not

1 Some of these recommendations are aimed at local, state, or federal government leaders; others can be implemented by elected prosecutors or law enforcement agencies; and others are in the realm of community advocates. In many instances, federal laws or funding streams can incentivize or require reforms. We have not attempted to include those implementation details and mechanisms and have instead set forth a list of reforms that are needed. Lasting change will require all of these leaders, community members, and advocates to come together to reset our justice system and embrace a new vision for policing in our nation. BLUEPRINT FOR POLICE ACCOUNTABILITY AND REFORM 5 5

A NEW VISION FOR OUR JUSTICE SYSTEM

Police violence against people of color “I am hearing and seeing the pain is only one facet of mass incarceration and helplessness over injustice and the deeply-entrenched racial disparities within our justice system. against people of color ringing Meaningful change is necessary at every stage – from arrest to charging out…I join with all of you who say to sentencing. Even more urgently, enough and never again, and I am leaders must join with communities in creating a new vision for, and committed to changing the system fundamental shift in, the way our justice system promotes safer and of justice in Brooklyn to one we can healthier communities. all trust.” – Eric Gonzalez Kings County, NY District Attorney BLUEPRINT FOR POLICE ACCOUNTABILITY AND REFORM 6

RECOMMENDATIONS – A NEW VISION FOR JUSTICE u We can no longer engage in business as usual u We must remove law enforcement as the and presume that a punitive criminal justice default first responders when individuals are response is the smart, effective, or evidence- experiencing mental health or substance use based way to address conduct driven by crises, or other medical emergencies best poverty, substance use, or mental illness. We addressed by health professionals. While law must decriminalize substance use and enforcement should be trained on de- conduct based on the manifestations of escalation and how to respond to individuals mental illness or poverty. Drug prohibition in crisis, community and government leaders and the criminalization of poverty and mental need to jointly develop alternative responder illness expand contact and flash points models and mechanisms that keep these between law enforcement and the situations from becoming a criminal justice community; perpetuate racial, ethic, and entry point.2 socio-economic disparities; serve as a destructive and costly entry point into the . revolving door of the justice system; and fracture bonds of trust with overpoliced and marginalized individuals and communities. u State and local leaders must reallocate public resources from law enforcement to programs This is not just a Black problem. This is an that strengthen the community – including community-based violence interruption, American problem, that requires ALL housing, education, and substance and Americans to be a part of the solution. mental health treatment programs. -Wesley Bell St. Louis County, MO Prosecuting Attorney

2 These models are taking hold in some parts of the country and include the “Cahoots” program in Oregon that provides an alternative to 911 for people experiencing or concerned about someone experiencing a mental health crisis. Community members can call a local 24-hour non-emergency number and a team consisting of either a nurse or EMT and a trained mental health crisis worker will respond to provide immediate stabilization, assessment, referral, and advocacy. See Fair and Just Prosecution (2018), Effective Collaborative Responses to Individuals with Mental Illness: A Compendium of Models from Across the Nation, https://fairandjustprosecution.org/wp-content/uploads/2018/10/FJP_Brief_MentalHealthCompendium.pdf. These approaches and reforms have broad public support. A recent poll by Data For Progress found that 68 percent of voters support “creating a new non-police first responder agency to respond to issues of mental illness or addiction.” See Data for Progress (2020), Voters Support Protests, Have Lost Trust in Police, https://www.dataforprogress.org/blog/2020/6/6/voters- support-reforms-have-lost-trust-in-police. BLUEPRINT FOR POLICE ACCOUNTABILITY AND REFORM 7 7

A NEW VISION FOR POLICING

Photo Credit: Kristopher Skinner, Associated Press

The unbroken link between slavery and modern racially-biased policing “As difficult as it is for our mandates a radical reset. In order to community to experience this earn community trust, policing must be transformed through demilitarization, unrest, it is critical that we take the enhanced accountability and time to understand the systematic transparency, and policies which oppression and inequities fueling it. prioritize human life and racial justice. We have some rebuilding to do in our community, both of physical spaces and of broken hearts and spirits.” – John Choi Ramsey County, MN County Attorney BLUEPRINT FOR POLICE ACCOUNTABILITY AND REFORM 8

RECOMMENDATIONS – A NEW VISION FOR POLICING3

Demilitarizing Policing u There must be immediate changes to long- standing policies, practices, and contracts that State, federal, and local lawmakers should enact protect problem officers and undermine the laws and funding mechanisms – and law ability to investigate and discharge officers enforcement agencies should embrace reforms – who should no longer be on the job. that: u Laws and policies should be changed to make u End practices that have allowed for the clear that officers bear an affirmative duty to militarization of police departments and intervene, prevent, and report misconduct. replace them with robust community policing Prosecutors and law enforcement leaders strategies that allow for co-ownership of should hold accountable officers who fail to community safety. intervene in the face of criminal misconduct. u End the federal government’s 1033 program u Repeal laws that shield police records and that provides military weaponry to local police misconduct from public view – and in doing departments. so, hamper appropriate and necessary police u Establish local restrictions to prevent police accountability for misconduct. departments from purchasing or using military u Work to legislatively limit , weaponry. in order to remove barriers that inhibit the Ensuring Accountability ability to hold officers accountable. u Create a national database that will identify u Independent law enforcement oversight law enforcement members who are structures must be created, sufficiently discharged from one department for resourced, and empowered to hold the police misconduct and ensure that other accountable to the community, including departments are aware of prior misconduct. through community oversight bodies with Law enforcement certification requirements subpoena authority. should also prevent departments from hiring officers with repeated misconduct issues. u Civil service protections and commissions that enable officers who engage in misconduct to stay on the job or be reinstated, even in the face of misconduct, need to be reformed. This is a matter of life or death for Black people. As someone who has fought for accountability for police violence, I know the inner resolve required to walk in an often unchartered territory and see it

through to conviction and accountability. 3 Just as reinvestment of funds away from policing and into the community is a critical component of resetting our -Stephanie Morales justice system, so too the police reforms discussed herein Portsmouth, VA Commonwealth’s Attorney should not be implemented in a manner that results in, or requires, increased funding of police departments. BLUEPRINT FOR POLICE ACCOUNTABILITY AND REFORM 9 9

RECOMMENDATIONS – A NEW VISION FOR POLICING u Law enforcement departments must step up prohibiting attempts to prevent citizens and: from videotaping public officer conduct. § Create mechanisms to track problem § Require all law enforcement personnel – officers, including tracking of allegations whether state or federal – to wear at all of misconduct and complaints by times while on the job readily identifiable members of the public. and visible badges or other insignia § Implement effective early warning systems reflecting their name and employing to proactively identify officers displaying agency. problematic behavior and ensure § Implement swift and strong consequences accountability and appropriate early for codes of silence, and zero tolerance intervention. for dishonesty that serves to shield those § Develop performance measures that who commit misconduct. reflect community policing, including u The Department of Justice should use, and tracking and measuring satisfaction and seek to fortify, its authority to hold legally engagement with the community. accountable cities and police departments § Create robust internal affairs mechanisms who engage in a pattern and practice of civil that operate independently and report rights violations. directly to the organization’s head. § Implement critical incident review procedures in accordance with best practices – such as those articulated in the Final Report of the Task Force on 21st Century Policing. § Employ constitutional policing advisors who report directly to the department’s leadership and are mandated to ensure that the department operates in accordance with constitutional principles. § Protect the First Amendment rights of the community by establishing clear community-driven guidelines for demonstrations and use of force against large groups; prohibiting the use of military equipment; prohibiting use of rubber bullets, pepper spray, tear gas, and canines against protestors who pose no serious danger to others; and

Photo Credit: Tyrone Turner, WAMU BLUEPRINT FOR POLICE ACCOUNTABILITY AND REFORM 10

RECOMMENDATIONS – A NEW VISION FOR POLICING

endanger witnesses, or otherwise violate ethical guidelines. § Protecting the evidentiary value of body I want to remind those of us who are able camera footage by prohibiting officers – and especially those of us who benefit from viewing the footage before filing their from white privilege and don’t have to reports. live in daily fear for our safety – to u Collect data on the nature, type, and trends in channel our sadness and righteous rage use of force, as well as data on traffic stops, into working to effect change and searches, and arrests for low-level offenses – disaggregated by race, neighborhood, combating racism and white supremacy. gender and disability. Collect data on officer -Chesa Boudin and law enforcement department personnel San Francisco, CA District Attorney diversity. Make all of this data publicly available.

Use of Force and Protecting Human Life Promoting Transparency u Police policies must make clear that force can u All policies, protocols, and agreements be no greater than what is objectively regarding officer-involved incidents, including necessary and proportionate to the threat use of force policies, should be publicly posed at the moment, and personnel must be available, and all investigations, prosecutions, trained to abide by this starting point. and dispositions regarding officer-involved u Ensure that de-escalation, alternatives to use incidents should regularly be reported to the of force, and principles of force avoidance are public. part of legal requirements and formal policing u Body cameras should be the norm in policing policy, integral to training, and expected as and law enforcement departments should part of day-to-day law enforcement practice. implement best practices around their use, u should not be used except in including: response to an immediate threat of serious § Requiring all officers to wear body cameras physical harm or death to officers or others. In and to activate them during encounters particular, policies should require officers to with the public. always warn before shooting and to exhaust § Developing detailed body camera all other means before shooting. implementation policies with the input of u Ban chokeholds, strangleholds, and shooting civil rights advocates and the community. at moving vehicles. § Ensuring that body camera footage is routinely and promptly made available to the public – unless there is a specific and demonstrable showing that doing so would compromise an ongoing investigation, BLUEPRINT FOR POLICE ACCOUNTABILITY AND REFORM 11 11

RECOMMENDATIONS – A NEW VISION FOR POLICING u Require specialized training in the use of force § Increase diversity of supervisors, officers, against vulnerable individuals including and staff and ensure that promotional children, people with disabilities or unmet testing does not intentionally or implicitly mental health needs, those under the favor non-diverse candidates. influence of substances, and pregnant people. u End the use of police in schools, such as u Predicate all police training, hiring, and school resource officers, which too often evaluation on the need to protect and respect results in young people being pushed into the the dignity of human life and mandate implicit justice system for student disciplinary issues bias training for all police officers. These basic and adolescent behavior. principles of policing humanely and with u Create a system for national annual reporting dignity should be embedded in the fabric, of data on use-of-force and traffic and mission, evaluation and hiring practices of pedestrian stops, disaggregated by race, each department across our nation. ethnicity, disability, and gender, with concrete u There should be a national standard for use of recommendations on how to eliminate racial force that embraces these starting points. disparities. u Ban quotas and evaluations based on u Ensure that compensation policies for victims numbers of stops or arrests. of crime are not racially discriminatory in application by eliminating rules that bar Racial Justice individuals with prior convictions or who are u Law enforcement departments should: on probation, parole, or who owe outstanding § Eliminate racially discriminatory policing fines or fees from compensation. Monitor the and policies such as “Broken Windows” dispensation of compensation funds. and “zero tolerance” approaches to u Decouple federal immigration enforcement conduct that does not pose a danger to from local policing. the physical safety of the community. u Expand the definition of profiling based on protected categories like actual or perceived § End no-knock and quick-knock warrants race, ethnicity, religion, sexual orientation, unless there is a specific threat to officer and gender identity, and ban the use of or civilian life. profiling in all law enforcement activities. § Recruit and hire personnel who are u Implement practices to robustly investigate, reflective of the communities they police prosecute , and identify hate crimes. and who live in those communities. u Leaders in prosecution and policing must § Require training for interacting with acknowledge and apologize for decades of specific groups – including people of racially disparate policing and criminal justice color, youth, LGBTQ and gender non- practices, engage their community in honest conforming people, undocumented and candid conversations around what a new individuals, people experiencing vision for the justice system needs to include, homelessness, and other marginalized and create ongoing mechanisms for the groups in the community. community to co-own and co-produce that vision moving forward. BLUEPRINT FOR POLICE ACCOUNTABILITY AND REFORM 12

A NEW VISION FOR PROSECUTION

“Prosecutors have a role in

Prosecutorial independence from law preventing brutality and addressing enforcement is essential for police it when it happens. We must be accountability and reform; however, a willing to use our discretion to broader reimagining of the role of the prosecutor is needed to shrink the prevent needless interactions footprint of a justice system that has between police and the community, grown too large. These concepts, and we must be willing to take on delineated in 21 Principles for the 21st Century Prosecutor, are a fundamental those in authority when they violate starting point for needed systemic their oath. This is a moment for change. innovative ideas, reform, and –

ultimately – courage.” – Marilyn Mosby Baltimore City, MD State’s Attorney BLUEPRINT FOR POLICE ACCOUNTABILITY AND REFORM 13 13

RECOMMENDATIONS – A NEW VISION FOR PROSECUTION u Prosecutors running for office should not must implement to address their own role in seek or accept endorsements or donations perpetuating a lack of accountability and from law enforcement leaders or police racially-biased policing and prosecution. unions; this starting point should be part of u Prosecutors’ offices should have local, state, and national (ABA) ethics rules. independent and empowered conviction u Prosecutors’ offices should have the ability integrity processes that address past and resources to independently and misconduct and injustice. And state laws effectively investigate and prosecute officer- should strengthen the ability of prosecutors involved shooting incidents and fatalities. to address and remedy past unlawful and These prosecutions should be handled by an unjust convictions and sentences. If we independent unit, staffed by senior cannot correct mistakes of the past we are prosecutors and experienced investigators, destined to repeat them, and trust in the and report directly to the office head. The justice system will not be restored. investigation of these cases should not be handled by the employing law enforcement agency. u Prosecutors should make public all policies and protocols related to the investigation of law enforcement misconduct and their offices should report data annually on investigations, prosecutors, and dispositions of these cases. Elected prosecutors should also support and seek a second-look review by the state Attorney General or an independent prosecutor of any decision to not file criminal charges. “Now is the opportunity for u Responding to police-involved incidents with an independent criminal investigation is a us to come together and critical accountability measure, but it is write a new future of racial, ineffective unless paired with day-to-day social and economic justice practices within the prosecutor’s office that are aimed at identifying troublesome police that more equitably conduct, engaging with law enforcement addresses our city’s agencies to improve their underlying policies and practices, and proactively avoiding endemic disparities in reliance on officers with credibility concerns. health, education, u Discovery reform, Brady lists, tracking and employment, and housing.” analyzing racial disparities in prosecutorial decision-making, and training that combats – Karl Racine racial bias are all measures that prosecutors District of Columbia Attorney General

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