PUBLIC SAFETY The Impact of Terrorism on State Law Enforcement By Chad Foster and Gary Cordner Traditionally, state-level law enforcement has represented about 10 percent of total police employment in the United States. In keeping with this employment level, state law enforcement has traditionally played an important, but relatively small role in the overall picture of policing America. The information collected for this project, however, indicates an expanding role for state law enforcement since 2001, partly due to new roles and responsibilities associated with homeland security, and partly because state police are filling gaps and vacuums created by shifts in federal law enforcement priorities. Thus, while it is true that all types of police agencies have been significantly affected post Sept. 11, it seems that state law enforcement agencies have been affected the most. In recent years, Arizona established the Arizona tablished in 1835.2 Most state agencies, however, are Counter Terrorism Information Center, a combined relatively new. The proliferation of the interstate facility/information system that supports the analy- highway system during the mid-20th century and the sis and sharing of law enforcement information. New need for traffic safety and enforcement forced most York hired 120 new state troopers to guard critical states to establish or expand their state law enforce- infrastructure along the northern border. The state of ment agency. Washington implemented an explosive detection ca- Although the structure and function of these agen- nine program to provide additional security screen- cies varies among states, similar characteristics ex- ing at terminals to its ferry system, the largest in the ist. A common component of most state law enforce- United States.1 ment agencies is a criminal investigation division. These developments all suggest heightened roles Roughly 50 percent of all states use a unified model for state law enforcement agencies since the Sep- or one that combines police/highway patrol function tember 11, 2001 terrorist attacks. Not only are state and investigation responsibilities into a single depart- police organizations taking on these new terrorism- ment. The other half of states have a separate bureau related responsibilities, they and their local counter- of criminal investigation that works independently parts are shouldering many new burdens because of or within the state attorney general’s office. shifting federal priorities. In addition to highway safety and criminal inves- In 2004, The Council of State Governments (CSG) tigations, general purpose agencies play many other and Eastern Kentucky University (EKU) conducted lead and supporting roles in the states. For example, a 50-state survey of law enforcement agencies and these agencies often provide states with: special convened an expert work group to examine how these weapons and tactics teams; search and rescue units; changing conditions are affecting police and their marine and aviation assets; crime labs; criminal his- traditional duties and to form recommendations for tory repositories; uniform crime reporting; statewide states. As state policy-makers and legislators seek information systems; training for local law enforce- policy improvements, results from this terrorism-pre- ment; and statewide communication, intelligence and vention study and recently drafted guidance may help analysis. them understand current conditions and strategic di- According to the Bureau of Justice Statistics,3 there rections for the future. were roughly 700,000 full-time, sworn state and lo- cal law enforcement personnel in 2000. Within this State Law Enforcement— total, state law enforcement agencies account for Yesterday and Today roughly 56,000 officers. The Federal Bureau of In- Today, general purpose state law enforcement vestigation, on the other hand, employed just 11,523 agencies exist in all states but Hawaii. General pur- special agents in 2000.4 Law enforcement numbers pose agencies or departments typically fall under the substantially increase at all levels of government, rubric of state police, state patrol or highway patrol especially at the state and federal levels, once spe- departments. One of the oldest and most well-known cial jurisdictions with arrest and firearm authorities state police organizations is the Texas Rangers, es- are considered (e.g., alcoholic beverage control, fish 532 The Book of the States 2005 PUBLIC SAFEETY and wildlife, state park services). views suggest three. First, more than 10 percent of Local police departments and sheriffs’ offices pro- state agencies report allocating fewer resources for vide the bulk of law enforcement services to rural traditional criminal investigation and drug enforce- communities. As with many other services, however, ment following Sept. 11. Therefore, it is likely that rural areas are severely constrained by the lack of some resources have been shifted internally among law enforcement resources. In 1999, for example, competing public safety problems and priorities. In- 52.4 percent of all local law enforcement agencies terviews with state officials in 2004 support the con- employed less than 10 sworn personnel while 5.7 clusion that other crime fighting efforts have suffered percent employed just one sworn officer.5 For this as a result of new terrorism-related demands. This reason, state police departments often play enhanced may be especially troublesome for states experienc- roles in rural areas by providing critical support ser- ing problems with other types of crime, such as syn- vices to smaller local agencies. thetic drugs (e.g., methamphetamines, prescription Generally speaking, state law enforcement agen- drug abuse), new violent gang activities, identity theft cies existed in a fairly stable environment prior to and cybercrimes. Sept. 11, fulfilling traditional roles. The cata- Second, state police organizations are receiving strophic events on Sept. 11 served as a wake-up funds and resources through a number of federal grant call to the nation regarding the threat of terrorism. programs such as the State Homeland Security Pro- More specifically, it appeared to create and shift gram and Law Enforcement Terrorism Prevention responsibilities and paradigms among all layers of Program. Although state law enforcement agencies law enforcement. will likely see a small portion of these funds, roughly $1.5 billion was allocated to states for these two pro- Changing Roles and Responsibilities grams in 2005.7 According to a 50-state survey by CSG and EKU Third, interviews with state officials suggest they in the spring of 2004, state law enforcement agen- are simply doing more with less. For example, much cies are greatly involved in their state’s homeland of the overtime pay incurred during heightened lev- security initiatives, and are being stretched thin to- els of alert, participation on multijurisdictional task day due to these new roles and changing federal pri- forces and working groups, and exhaustive planning orities.6 and coordination have been absorbed internally. And, Roughly 75 percent of state agencies say they ei- these new responsibilities come at a time when state ther have a great amount of involvement or serve as police organizations, like local agencies across the their state’s leader in terrorism-related intelligence country, face personnel shortfalls due to National gathering, analysis and dissemination. In addition, Guard and reserve activations. more than 50 percent of state agencies report similar How do state law enforcement measure against involvement in homeland security planning and co- local agencies? In general, law enforcement relation- ordination at the state level, conducting vulnerabil- ships and responsibilities continue to be assessed and ity assessments of critical infrastructure, providing redefined at all levels, and will evolve due to the protection for this infrastructure and dignitaries, and changing nature of terrorist threats, prevention needs emergency response to terrorism-related incidents. and transforming operations and tactics. The survey How are these responsibilities affecting state po- results do suggest, however, that certain responsi- lice in terms of resource allocation? In comparison bilities are more state or local in nature. State agen- to the period before Sept. 11, more than 70 percent cies were more likely to report allocating more or of state agencies report allocating more or much more much more resources to the following operational resources for: security of critical infrastructure, spe- responsibilities: intelligence gathering, analysis and cial events and dignitaries; intelligence gathering, sharing; security for critical infrastructure, special analysis and sharing; and terrorism-related investi- events and dignitaries; and commercial vehicle en- gations. Furthermore, at least 50 percent of state po- forcement. Conversely, local agencies were more lice organizations say more or much more resources likely to indicate allocating more or much more re- have been allocated for: airport, border and port se- sources to community policing, drug enforcement curity; commercial vehicle enforcement; high-tech/ and traditional criminal investigation. computer crime investigation; operational assistance to local agencies; and preventive patrols. Shifting Federal Priorities These resources are likely generated from a num- According to the 9/11 Commission Report in 2004, ber of possible sources; the survey results and inter-