Profiling Interim Committee (09/17/2015)

Final
STAFF SUMMARY OF MEETING

PROFILING INTERIM COMMITTEE

Date:	09/17/2015	ATTENDANCE

Time:	09:03 AM to 10:14 AM	Roberts	E
		Salazar	X
Place:	HCR 0112	Ulibarri	*
		Willett	X
This Meeting was called to order by		Cooke	X
	Senator Cooke	Williams	E

This Report was prepared by
	Conrad Imel
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Follow-up on the Collection of Profiling Data by the Colorado State Patrol Data Revenue and Data Collection by the Department of Revenue Community Feedback on Racial Profiling Data Collection Other Business Public Testimony		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only

09:03 AM -- Follow-up on the Collection of Profiling Data by the Colorado State Patrol

Sergeant David Hall, representing the Colorado State Patrol (CSP), provided information to supplement CSP testimony provided at a prior meeting. Sgt. Hall explained a CSP data collection program and related funding. He stated that CSP no longer reports data under this program. Sgt. Hall also commented on other testimony from prior hearings. He discussed how race or ethnicity is collected by CSP and issues with identifying race and ethnicity. Such issues include inaccurate identification, data entry errors, and the inability to independently verify race and ethnicity information provided by troopers.

Sgt. Hall discussed Commission on Accreditation for Law Enforcement Agencies (CALEA) accreditation. Sgt. Hall informed the committee that CSP attained CALEA accreditation last year. He outlined the report requirements for CALEA accreditation including reporting requirements and training.

09:13 AM

Sgt. Hall continued to discuss CALEA accreditation. He explained that reporting requirements include reviewing racially-biased policing complaints from citizens. He stated that CSP received three racially-biased policing complaints in 2014. Sgt. Hall told the committee that CSP investigates complaints and takes proactive steps to review the process for investigating complaints.

Sgt. Hall responded to questions from the committee regarding investigations of complaints, investigation reports, and whether CSP follows up with people that have had contact with CSP. He stated that CSP is implementing a program that will provide those who have had contact with CSP troopers an opportunity to provide feedback regarding the incident. In response to a question regarding implementation of an independently administered complaint process, Sgt. Hall stated that the CSP would be supportive of transparency and programs that would improve community confidence in law enforcement.

09:23 AM -- Data Revenue and Data Collection by the Department of Revenue

Mr. Mike Dixon, Senior Director of the Division of Motor Vehicles (DMV) within the Department of Revenue (DOR), outlined DMV data collection systems, including a new DRIVES data collection system that is being implemented. He explained statutorily mandated data collected for driver's licenses, driving records, and accident reports, and with whom the DMV is statutorily permitted to share this information. He explained how information is shared. He explained that the DMV does not collect race or ethnicity data.

In response to questions, Mr. Dixon stated that it was possible to update the DMV's data collection system to include race or ethnicity data, and discussed the DRIVES system implementation timeline. Mr. Dixon also responded to a question about providing officers photographic information from a driver's license or identification card when a person does not have photo identification.

09:34 AM -- Community Feedback on Racial Profiling Data Collection

Commander Clif Northam and Lieutenant Rick McMorran, representing the El Paso County Sheriff's Office, testified regarding information the office had received regarding initiatives that might require collecting data on the race and ethnicity of those contacted by law enforcement. Lt. McMorran provided citizen feedback he solicited about potential initiatives, including citizen concerns about feeling like a statistic to law enforcement and that law enforcement asking citizens about race or ethnicity may prompt concerns that racially-biased policing exists. In response to a question, Lt. McMorran provided information about collecting data related to determining whether racially-biased policing occurs. He informed the committee that he has access to conversations between officers, and that he can search those conversations for terms, such as racial slurs, that he may use to identify racially-biased policing. He also discussed how law enforcement interacts with community groups to communicate with citizens.

At the committee's request, Janet Huffor, Chief of Staff for the El Paso County Sheriff's Office, provided information regarding complaints over racially-biased policing. Cdr. Northam provided information on race and ethnicity data collection. He also discussed police academy training regarding race-neutral policing and continuing in-service training.

09:45 AM

Cdr. Northam discussed a specific incident regarding biased policing, and stated that the sheriff's office does not require a complaint prior to investigating potential incidents of biased policing. He discussed his general concerns over suggested approaches to data collection. In response to the committee, he explained how the office uses collected data. He also offered suggestions about how to improve a self-reporting based system for citizens to report issues with law enforcement. Lt. McMorran discussed data available to the public and information provided in annual reports related to use of force complaints.

09:54 AM -- Other Business

Senator Cooke, chair, opened the floor for public testimony. No one offered testimony.

Mr. Bo Pogue, Legislative Council Staff, provided the committee with information about potential grant opportunities for pilot programs. Mr. Pogue informed the committee of the usual process for determining whether grants are available. He provided the committee with background on past opportunities for grants related to studying biased policing, and about current federal programs that may include potential sources of funding. Mr. Pogue also explained the general timeline and process for obtaining grants and other sources of funding. In response to a committee question, Mr. Pogue stated that Legislative Council Staff could provide information regarding sources of revenue for past programs. He also provided an overview on the Center for Policing Equity. Mr. Pogue responded to committee questions regarding divisions and departments in Colorado that may seek grants related to the committee's charge.

10:06 AM

Mr. Pogue provided an overview of the process to request draft legislation. He informed the committee that requesting draft legislation is scheduled for the next meeting on September 28th, and that drafts will be approved by the committee at the October 28th committee meeting. Representative Willett reviewed the committee's charge.

10:12 AM -- Public Testimony

Senator Cooke, chair, opened the floor for public testimony. Mr. Bill Clayton, representing the Colorado Police Protective Association and the Denver Police Protective Association, provided the committee information about possible witnesses from the federal program conducted from John Jay College mentioned in Mr. Pogue's testimony. Representative Salazar expressed interest in hearing such testimony.

10:14 AM

The committee adjourned.