Existing law establishes the Commission on Peace Officer Standards and Training and requires it to develop and disseminate guidelines and training for law enforcement officers, as described.

This bill would require the commission to develop and disseminate guidelines and training for peace officers on principled policing, which would include the subjects of procedural justice and implicit bias, as defined. The bill would require this training as part of the basic training course for for specified peace officers. The bill would also require the commission to develop and disseminate guidelines and training certify and make training available to train peace officers to teach the course of basic training on principled policing to other officers in their agencies. The bill would require the commission to offer the basic principled policing course and the training course semiannually quarterly commencing in June 2017. The bill would require the commission, no later than June 1, 2018, to evaluate its current course of basic training and promulgate a plan to incorporate the concepts of principled policing into its course of basic training and would require each peace officer to complete a refresher course no less than every 5 years.

By requiring additional basic training for peace officers, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law establishes the Commission on Peace Officer Standards and Training and requires it to develop and disseminate guidelines and training for law enforcement officers, as described.

This bill would require the commission to develop and disseminate guidelines and training for peace officers on principled policing, which would include the subjects of procedural justice and implicit bias, as defined. The bill would require this training as part of the basic training course for peace officers. The bill would also require the commission to develop and disseminate guidelines and training to train peace officers to teach the course of basic training on principled policing to other officers in their agencies. The bill would require the commission to offer the basic principled policing course and the training course semiannually commencing in June 2017.

By requiring additional basic training for peace officers, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Date of Hearing: May 18, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2626

Author:(Jones-Sawyer) – As Amended Ver:April 25, 2016

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill requires the Commission on Peace Officer Standards and Training (POST), beginning June 2017, to develop and disseminate training on principled policy, specifically procedural justice, as defined, and implicit bias for all peace officers; and to incorporate procedural justice and implicit bias training into POST’s basic training by no later than June 1, 2018.

FISCAL EFFECT:

1. One time cost to POST in the $500,000 range (GF), to conduct eight train-the-trainer sessions, pay instructors, and reimburse 200 students for their expenses.
2. No reimbursable state mandated costs to local agencies.

COMMENTS:

1. Background. POST was created by the legislature in 1959 to set minimum selection and training standards for California law enforcement.  According to the POST website, the Regular Basic Course Training includes 42 separate topics, ranging from juvenile law and procedure to search and seizure. These topics are taught during a minimum of 664 hours of training. Current law requires that the course of basic training for law enforcement officers include adequate instruction on racial and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial and cultural groups.
2. Purpose. According to the author, "Increasing trust between law enforcement and the communities they serve is a crucial component to maintaining public safety. Studies show that training peace officers on procedural justice and implicit bias has a direct and measurably positive effect on police-community relations.”
3. Procedural justice. "Procedural justice" is defined as “an approach to policing based on giving people the opportunity to tell their side of the story, remaining neutral in decision-making and behavior, treating people with respect, and explaining actions in a way that communicates caring for people’s concerns so as to demonstrate trustworthiness.”
4. Implicit Bias: Implicit bias is an unconscious psychological bias against individuals in certain racial, gender or other legally protected groups. If an individual has an implicit bias against any group, this does not mean that they necessarily have an explicit prejudice against that group. In fact, there is no correlation between implicit bias and explicit prejudice. In fact, research has shown that even members of minority groups often have an implicit bias against the minority group of which they are a member. This demonstrates the pervasiveness of implicit bias.
5. Support/Opposition. AB 2626 is supported by the Attorney General Kamala Harris who believes “AB 2626 will make a valuable contribution toward cultivating relationships of trust and respect between law enforcement and the communities they serve.” There is no opposition.
6. Prior Legislation:
   1. AB 1118 (Bonta), of the 2015-16 Legislative Session, would have established the Procedural Justice Task Force, which would be administered by POST. The task force would provide for grant funding, to be awarded to local law enforcement departments for the purpose of implementing and enhancing procedural justice training and would have required the task force to manage these programs, monitor their implementation, and serve in an advisory capacity to sites leading implementation. AB 1118 was held in this committee’s Suspense file..
   2. AB 953 (Weber), Chapter 466, Statutes of 2015, requires, beginning July 1, 2016, the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) to eliminate racial and identity profiling and improve diversity and racial and identity sensitivity in law enforcement.

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: April 19, 2016

Consultant: Matt Dean

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:February 19, 2016

As Proposed to be Amended in Committee

SUMMARY: Requires the Commission on Peace Officer Standards and Training (POST) to, commencing June 2017, develop and disseminate training on procedural justice and implicit bias, as defined; and to incorporate procedural justice and implicit bias training into POST’s basic training by no later than June 1, 2018. Specifically, this bill:

1. Finds and declares all of the following:
   1. The relationship between law enforcement and the communities they are sworn to protect must be grounded in trust in order to ensure safety and protection for all;
   2. Despite the ongoing challenges to fostering strong relationships of trust between law enforcement and communities, the practice of principled policing, specifically procedural justice and implicit bias, is one strategy shown to improve police-community relationships;
   3. It is in the interest of California’s communities and the thousands of men and women who are sworn to serve and protect the public that the State of California support evidence-based strategies to improve the relationship of trust between law enforcement and communities; and
   4. Understanding and implementing the practice of principled policing, specifically procedural justice and implicit bias, offers an opportunity for law enforcement and communities to collaboratively build trust and improve safety for all.
2. Requires POST to develop and disseminate training on principled policing, specifically procedural justice and implicit bias, for all peace officers as provided.
3. Defines "procedural justice" as “an approach to policing based on giving people the opportunity to tell their side of the story, remaining neutral in decision-making and behavior, treating people with respect, and explaining actions in a way that communicates caring for people’s concerns so as to demonstrate trustworthiness.”
4. Defines “implicit bias” as “thoughts and feelings about social groups that can influence people’s perceptions, decisions, and actions without awareness.”
5. Requires the POST course or courses of instruction on principled policing to stress procedural justice as a strategy for improving the relationship of trust between law enforcement and communities, and how implicit bias can be a barrier to procedural justice.
6. Requires the POST course on principled policing to include:
   1. Adequate instruction on procedural justice and implicit bias in order to foster mutual respect and cooperation between law enforcement and communities;
   2. An evidence-based curriculum developed in consultation with appropriate groups and individuals who have expertise in procedural justice or implicit bias, including, but not limited to:
      1. law enforcement agencies that have demonstrated experience in procedural justice or implicit bias training;
      2. university professors who specialize in addressing and reducing racial and identity bias towards individuals and groups; and
      3. community organizations or members who specialize in civil or human rights and criminal justice; and
   3. Consideration of each of, including but not limited to, the following subjects:
      1. Procedural justice as a strategy for improving the relationship of trust between law enforcement agencies and the communities they are sworn to serve;
      2. Implicit bias as a barrier to procedural justice;
      3. Historical and generational effects of policing; and
      4. The interactive nature of policing goals, procedural justice, and implicit bias.
7. Requires POST to certify and make training available to train peace officers to be able to effectively teach the course of training on principled policing. The course shall be structured so that experts on procedural justice and implicit bias train law enforcement agencies to be able to effectively teach the concepts, principles and research behind procedural justice and implicit bias to colleagues within their departments.
8. Encourages law enforcement agencies to send at least one police executive or manager, one training officer and one community member to the POST course on principled policing.
9. States that, upon completion of the training course, peace officers from participating law enforcement agencies shall be qualified by POST to conduct the course on principled policing for colleagues in their respective agencies.
10. Requires POST to offer the course on principled policing and the qualifying training on a quarterly basis in regional training centers across the state commencing in June 2017.
11. Requires POST, no later than June 1, 2018, to:
    1. Evaluate its current course of basic training;
    2. Promulgate a plan to incorporate the concepts of principled policing into its course of basic training; and
    3. Require each peace officer, as provided, to complete a refresher course no less frequently than every five years.

EXISTING LAW:

1. 
   
2. Requires all peace officers to complete an introductory course of training prescribed by POST, demonstrated by passage of an appropriate examination developed by POST.  (Pen. Code, § 832, subd. (a).)
3. Establishes the Commission on Peace Officer Training and Standards.  (Pen. Code, § 13500.)
4. Empowers POST to develop and implement programs to increase the effectiveness of law enforcement.  (Pen. Code, §13503.)
5. Authorizes POST, for the purpose of raising the level of competence of local law enforcement officers, to adopt rules establishing minimum standards related to physical, mental and moral fitness and training that shall govern the recruitment of any peace officers in California.  (Pen. Code, § 13510, subd. (a).)
6. Requires POST to conduct research concerning job-related educational standards and job-related selection standards to include vision, hearing, physical ability, and emotional stability and adopt standards supported by this research.  (Pen. Code, § 13510, subd. (b).)
7. Requires POST to establish a certification program for peace officers, which shall be considered professional certificates.  (Pen. Code, § 13510.1, subd. (a).)
8. Requires that the course of basic training for law enforcement officers include adequate instruction on racial and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial and cultural groups. (Pen. Code, § 13519.4, subd. (b).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Increasing trust between law enforcement and the communities they serve is a crucial component to maintaining public safety. Studies show that training peace officers on procedural justice and implicit bias has a direct and measurably positive effect on police-community relations.

“Late in 2015, the Department of Justice hosted two trainings on Principled Policing– now POST certified – attended by more than 50 police chiefs and sheriffs from throughout the state.

“The Principled Policing curriculum—a day-long course taught by officers selected for leadership and street credibility—comprises six hour-long modules, blending material from daily police practice, research and anecdotes drawn from instructors’ experience. These modules are organized to address officer skepticism and build buy-in early in the training day. The course is evolving, as implicit bias and function-specific material are incorporated into the curriculum.

“The Stanford research team developed a pre- and post-training participant evaluation survey that showed the course was very well-received. In fact, the survey indicated that law enforcement officials who participated in the training reported increased sympathy toward community concerns and lauded the course for its usefulness. Participant responses also suggest that engaging in this course material increased the police leaders’ confidence in change and, specifically, in their commitment to change in partnership with the community.

“Ultimately, it is believed that such a course that is facilitated across the state could play a role in decreasing police-community tensions and strengthening police-community trust.”

1. Implicit Bias: Implicit bias is an unconscious psychological bias against individuals in certain racial, gender or other legally protected groups. If an individual has an implicit bias against any group, this does not mean that they necessarily have an explicit prejudice against that group. In fact, there is no correlation between implicit bias and explicit prejudice. In fact, research has shown that even members of minority groups often have an implicit bias against the minority group of which they are a member. This demonstrates the pervasiveness of implicit bias. But regardless of the individuals who have an implicit or why, implicit bias has been shown to create significant negative impacts for members of protected minority groups in housing, employment and other areas. (Bagnestos, Implicit Bias, “Science,” and Antidiscrimination Law (2007) 1 Harv. L. & Pol’y Rev. 477.)
   
   There are scientifically proven methods to combat implicit bias. A recent Science journal article discussed findings that “deep canvassing” by in-group individuals to out-group individuals showed the out-group individuals changing their attitudes toward the in-group and maintaining their new attitude three months later. (Broockman & Kalla, Durably reducing transphobia: A field experiment on door-to-door canvassing (Apr. 8, 2016) Science, at pp. 220-224.) This study comes after, in 2014, a study published by different authors with similar findings was retracted due to manipulated data sets. However, the recent study was conducted by the individuals who uncovered the manipulation. Their study found even stronger effects than the prior study, demonstrating its reliability.
   
2. Potential Impacts of Implicit Bias on Policing: Numerous studies have shown that minority groups are treated differently within society as a whole, and in the criminal justice system in particular. (See Bobo & Fox, Race, Racism, and Discrimination: Bridging Problems, Methods, and Theory in Social Psychological Research (Dec. 2003) Social Science Quarterly, at pp. 319-332; and Rice & White, Race, Ethnicity and Policing: New and Essential Readings (2010).) For example, a recent report in California showed that African Americans were disproportionally stopped and arrested by law enforcement despite no documented difference in driving behavior. (White, Report: California traffic stops, arrests hit minorities harder, Sacramento Bee (April 10, 2016)

< http://www.sacbee.com/news/politics-government/capitol-alert/article71054277.html>.)

The strong scientific evidence of implicit bias and its potential to negatively impact protected minority groups shows how training peace officers in a way that reduces or eliminates any unconscious implicit bias those officers may have could assist law enforcement and communities to collaboratively build trust and improve safety for everyone involved.

1. Current POST Training: POST was created by the legislature in 1959 to set minimum selection and training standards for California law enforcement.  According to the POST Web site, the Regular Basic Course Training includes 42 separate topics, ranging from juvenile law and procedure to search and seizure.  [POST, Regular Basic Course Training Specifications; [<http://post.ca.gov/regular-basic-course-training-specifications.aspx>.]  These topics are taught during a minimum of 664 hours of training.  [POST, Regular Basic Course, Course Formats, available at: <http://post.ca.gov/regular-basic-course.aspx.>] 
   1. POST currently provides specific training on racial profiling and cultural diversity in connection with the mandate of Penal Code section 13519.4. According to POST that curriculum consists of the following:
      1. Racial Profiling Training
      2. Part I – Initial* - 5 Hours
         1. Why Are We Here?
         2. Racial Profiling Defined
         3. Legal Considerations
         4. History of Civil Rights
         5. Impact of Racial Profiling
         6. Community Considerations
         7. Ethical Considerations
      3. Part II – Refresher** - 2 Hours
         1. Review of Applicable Initial Training
         2. Update on Changes in Law and Practices
      4. *Included in Basic Course after January 1, 2004.
      5. **To be completed every five years after initial training
   2. POST also provided a list of classes within their curriculum related to the constitutional legality of enforcement actions and impartial policing:
      1. Leadership, Professionalism and Ethics
      2. Policing the Community (Fair and impartial enforcement)
      3. Introduction to Criminal Law
      4. Laws of Arrest
      5. Search and Seizure
      6. Gang Awareness
2. Argument in Support: According to the California Attorney General Kamala Harris “Studies show that training peace officers on procedural justice and implicit bias has a direct and positive effect on police-community relations. In recognition of this fact, Attorney General Harris partnered with Stanford SPARQ (Social Psychology Answers to Real-world Questions), the Empower Initiative, the Oakland and Stockton Police Departments, and the community organization California Partnership for Safer Communities to create the first of its kind Principled Policing course for law enforcement officials throughout California. Over 50 law enforcement executives from 28 departments participated in one-day trainings. The training was highly successful, with participants praising the course for the role it could play in decreasing police-community tensions and increasing police-community trust.
   
   “AB 2626 would require POST to develop and offer principled policing training, specifically procedural justice and implicit bias, for peace officers and develop and offer a course to train peace officers to teach the principled policing course to other officers within their departments. By making this cutting-edge course more widely available. AB 2626 will make a valuable contribution toward cultivating relationships of trust and respect between law enforcement and the communities they serve.”
   
3. Prior Legislation:
   1. AB 1118 (Bonta), of the 2015-16 Legislative Session, would have established the Procedural Justice Task Force, which would be administered by POST. The task force would provide for grant funding, to be awarded to local law enforcement departments for the purpose of implementing and enhancing procedural justice training and would have required the task force to manage these programs, monitor their implementation, and serve in an advisory capacity to sites leading implementation. AB 1118 failed passage in the Assembly Committee on Appropriations.
   2. AB 953 (Weber), Chapter 466, Statutes of 2015, requires, beginning July 1, 2016, the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) to eliminate racial and identity profiling and improve diversity and racial and identity sensitivity in law enforcement.

REGISTERED SUPPORT / OPPOSITION:

Support

California Attorney General Kamala Harris (Sponsor)
American Civil Liberties Union
American Federation of State, County and Municipal Employees, AFL-CIO

California Attorneys for Criminal Justice

California Partnership for Safe Communities

California Police Chiefs Association
California Public Defenders Association

Empower Initiative

Indio Police Department

Los Angeles County Professional Peace Officers Association
Oakland Police Department
Richmond Police Department
Stockton Police Department

Opposition

None

Analysis Prepared by: