Profiling Interim Committee (08/18/2015)

Final
STAFF SUMMARY OF MEETING

PROFILING INTERIM COMMITTEE

Date:	08/18/2015	ATTENDANCE

Time:	09:06 AM to 02:51 PM	Roberts	X
		Salazar	X
Place:	HCR 0112	Ulibarri	X
		Willett	X
This Meeting was called to order by		Cooke	X
	Representative Williams	Williams	X

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

Bills Addressed:		Action Taken:
Welcome and Opening Remarks Overview of Interim Committee Process and Committee Charge Recap of Legislation of Interest to the Committee Considered in 2015 Ethnic and Racial Profiling - Need for Data Collection Discussion of Agenda Items for Future Meetings Overview of Data Collection by Local Law Enforcement		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 Witness Testimony and/or Committee Discussion Only

09:06 AM -- Welcome and Opening Remarks

The committee was called to order. All members were present. Representative Williams and Senator Cooke, co-chairs, provided opening remarks on the issues to be addressed by the committee. The other members of the committee also provided opening remarks.

09:13 AM -- Overview of Interim Committee Process and Committee Charge

Bo Pogue, Legislative Council Staff, provided an overview of interim committee processes, including the procedures and deadlines for introducing legislation. Committee members received a memorandum on the committee's background and scope (Attachment A).

150818 AttachA.pdf

09:16 AM -- Josh Abram, Legislative Council Staff, discussed the deadlines for introducing legislation.

09:20 AM

The committee discussed dates for future meetings of the committee. The committee agreed to meet on September 2, 2015, following the Legislative Council Committee meeting; and on September 17, 2015.

09:30 AM

The committee continued to discuss future meeting dates. The committee agreed to meet on September, 28, 2015, to hold a substantive meeting and request draft legislation. The committee agreed to meet on October 28, 2015, to vote on legislation to move to the Legislative Council Committee.

09:39 AM -- Recap of Legislation of Interest to the Committee Considered in 2015

Mr. Abram and Mr. Conrad Imel, Legislative Council Staff, provided an overview of legislation considered during the 2015 legislative session that may pertain to the committee's charge. Mr. Abram discussed certain requirements in law pertaining to racial profiling. Mr. Imel discussed some legislation considered in 2015. Committee members received a summary of legislation of interest to the committee from the 2015 session (Attachment B). Mr. Imel walked the committee through the memorandum. Mr. Abram responded to questions regarding House Bill 15-1288 and current law pertaining to racial profiling.

150818 AttachB.pdf

09:44 AM -- Ethnic and Racial Profiling - Need for Data Collection

Representative Williams initiated a discussion about racial profiling in Colorado. Mr. Nick Mitchell, Independent Monitor, and Ms. Jennifer Fratello, Policy Director, Denver Office of the Independent Monitor, addressed the committee on the need to collect data pertaining to racial profiling. Mr. Fratello provided background on the function and mission of his office, and explained how the office handles data on potential instances of racial profiling. Mr. Mitchell responded to questions regarding the powers of the office to investigate specific instances of police conduct, and other jurisdictions besides Denver that have offices or mechanisms for oversight of police conduct.

09:55 AM

Discussion ensued regarding the history of racial profiling in Colorado, and the genesis of certain legislation seeking to address racial profiling. Ms. Fratello discussed issues associated with collecting data on racial profiling, and methods for tracking potential profiling incidents. Mr. Mitchell responded to further questions regarding other offices that may track profiling, and models for tracking such data. Mr. Mitchell responded to questions regarding the process by which he receives notices of complaints about police conduct. Discussion ensued regarding the process by which the Denver Office of the Independent Monitor handles complaints about racial profiling.

10:10 AM

Mr. Mitchell responded to questions regarding efforts undertaken, both by his office and at other levels, to repair relations between police departments and the community. Discussion ensued on this point.

10:12 AM

Ms. Denise Maes, Public Policy Director for the American Civil Liberties Union of Colorado, addressed the issue of racial profiling by law enforcement in Colorado, and the need to collect data on profiling. Ms. Maes discussed findings and studies concerning racial profiling throughout the nation and locally, citing data on profiling and disproportionate treatment of minorities by law enforcement. Ms. Maes discussed the benefits of collecting data on ethnic and racial profiling. Ms. Maes responded to questions regarding how data on profiling is collected in other jurisdictions, and the disproportionate number of shootings involving law enforcement and minorities.

10:26 AM

Ms. Maes responded to questions regarding the need to update statutes that define profiling in Colorado.

10:29 AM

Ms. Lisa Calderon, Co-Chair, Colorado Latino Forum, Denver Chapter, addressed the need to collect data on racial and ethnic profiling by law enforcement in Colorado, discussing the profiling of her son by law enforcement. Ms. Calderon discussed the need to monitor complaints tied to law enforcement activity, and the benefits of examining data associated with potential racial and ethnic profiling.

Representative Salazar discussed issues regarding profiling, and thanked the witness. Ms. Calderon responded to a question regarding best practices for data collection, and stated that data and information should be available to the public in a central location.

10:41 AM

The committee recessed.

10:59 AM

The committee returned to order. Ms. Sondra Agnew-Young, President, NAACP Denver Branch, addressed the need to collect data on instances of ethnic and racial profiling in Colorado. Ms. Agnew-Young read a statement about this issue, and explained why data collection on racial profiling is beneficial.

11:04 AM -- Discussion of Agenda Items for Future Meetings

The committee entered into a discussion about the committee's scope of work, and potential agenda topics for future meetings. Senator Ulibarri suggested seeking certain data sources for addressing police-initiated profiling. Representative Salazar mentioned the potential for having the Colorado Civil Rights Division weigh in with their data collection tools. Discussion ensued regarding the scope of the committee's work, and the need to remain within the parameters of the committee's charge.

11:09 AM

The committee went into recess.

1:05 PM -- Overview of Data Collection by Local Law Enforcement

The committee returned to order. Representative Williams explained what the committee would be considering in its discussion with representatives of law enforcement. Chief John Jackson, Greenwood Village Police Department, Deputy Chief Paul O'Keefe, Aurora Police Department, Chief David Montgomery, Firestone Police Department, and Deputy Chief Matt Murray, Denver Police Department, addressed the committee on current practices for collecting data on law enforcement-initiated stops. Chiefs Montgomery and Jackson explained current practices for collecting data on law enforcement stops of members of the public. Chief Jackson discussed the types of data gathered by police departments regarding stops. Deputy Chief O'Keefe provided input on data collection, and explained how the Aurora Police Department processes complaints about police conduct. Deputy Chief Murray weighed in on data collection practices by the Denver Police Department. Deputy Chief Murray responded to questions regarding data collection associated with police stops.

01:15 PM

Discussion ensued regarding data collection capabilities at the local level in terms of technology and records management systems, and the ability to extract data from current systems. Chief Jackson discussed certain difficulties that may be experienced by law enforcement in tabulating law enforcement contacts with the public, and differences across police departments in accessing data based on differing technologies. Discussion followed regarding the types of technologies that would be required by police departments to satisfy the data collection practices sought by the committee.

01:32 PM

Senator Ulibarri provided a demographic profile of his Senate district, and discussed the relationship between the public and law enforcement in his community. Deputy Chief Murray addressed earlier discussion about a pair of studies conducted in Denver pertaining to ethnic and racial profiling. He also noted a book that addresses the roots of community distrust of police, and discussed problems that may be experienced by law enforcement in collecting data on police stops. Discussion ensued regarding ways in which racial and ethnic profiling can both be tracked and addressed.

01:43 PM

Representative Salazar discussed a recent attack in Denver, and the police department's handling of information surrounding the case. Discussion ensued regarding how best to accomplish the objectives found in the committee's mission.

01:55 PM

Discussion ensued regarding the ability to instill community policing practices in order to create better law enforcement/community relations, and barriers to community policing. Discussion followed regarding the reactivity of collecting data on police stops, and the need to collect data on police stops to address the issue of ethnic and racial profiling. Discussion centered around profiling and crime in certain jurisdictions.

02:06 PM

Discussion returned to community policing practices, community trust of law enforcement, and recruitment of police officers from within the community. Discussion then returned to the types of data collection technologies that might allow local police departments to gather the types of data sought by the committee.

02:21 PM

Discussion continued regarding ways that police departments might collect demographic data associated with police stops. Discussion ensued regarding the impact of the race of a police officer on the collection of demographic data. Discussion returned to practical demographic data collection during law enforcement-initiated stops, and certain issues that may arise under the practices.

02:30 PM

Sheriff Steve Reams, Weld County, Mr. Chris Johnson, County Sheriffs of Colorado, and Ms. Janet Huffor, Chief of Staff for the El Paso County Sheriff's Office, addressed the committee on data collection practices by law enforcement when making citizen stops. Sheriff Reams discussed the practices observed by his office, and Ms. Huffor discussed El Paso County's practices. Ms. Huffor also discussed her office's attempts to improve relations with the community. Ms. Huffor responded to questions regarding the unwillingness of people in her community to divulge personal information. Mr. Johnson address questions raised earlier about potential recruitment of law enforcement personnel from within the community, and community/law enforcement relations in general.

02:41 PM

Sheriff Reams addressed earlier discussion about the potential for creating a system for law enforcement stop data collection based on the person being stopped filling out a demographic card. Ms. Huffor addressed certain questions raised during earlier discussions about the potential for unintended consequences to arise out of data collection practices. Sheriff Reams discussed a system that would allow collection of demographic data by swiping a driver's license. Mr. Johnson weighed in on this issue.

02:51 PM

The committee adjourned.