Final
STAFF SUMMARY OF MEETING

PROFILING INTERIM COMMITTEE

Date:09/02/2015
ATTENDANCE
Time:10:58 AM to 03:50 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:
Racial Profiling Measurement Issues
Overview of Racial Profiling Research and Methodological Concerns
Perspectives on Collection of Racial Profiling Data from Police Stops
Racial Profiling Laws in Other Jurisdictions
Data Collection Systems Administered Within DPS
Other Business		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

10:58 AM -- Racial Profiling Measurement Issues

The committee was called to order. All members were present. Ms. Amanda Terrell-Orr, Planning and Grants Administrator for the Colorado Springs Police Department, briefed the committee on profiling measurement and associated issues. Committee members received a fact sheet to support her presentation (Attachment A). Ms. Terrell-Orr discussed the issue of data collection as it pertains to potential racial profiling in police encounters with the public, and addressed comments made by witnesses at the committee's August 18 meeting concerning the data collected during encounters. Ms. Terrell-Orr discussed the research consensus on the basis for which law enforcement stops members of the general public. She referenced Attachment A during this discussion.

150902 AgendaA.pdf150902 AgendaA.pdf

11:09 AM

Ms. Terrell-Orr discussed decisions made in her office regarding how police officers are deployed, covering the "location matters" issue touched upon in Attachment A. Ms. Terrell-Orr discussed issues raised during the August 18 meeting about what types of demographic data are collected by the police during encounters with the public, and explained what data are collected by Colorado Springs police during encounters. She discussed the potential impact of requiring demographic data collection on the performance of police. Ms. Terrell-Orr discussed potential pilot programs for collecting demographic data on police stops, and responded to questions regarding how such a program might be undertaken. Discussion ensued regarding the "denominator problem" touched upon in Attachment A, and how often a given demographic group should be stopped in a bias-free environment.


11:24 AM

Discussion continued regarding the "denominator problem." Discussion turned to the types of organizations that might keep relevant data, such as the insurance industry or the Department of Revenue. Discussion followed regarding whether the existence of a disparity in police-initiated contacts based on demographics correlates to the existence of profiling.

11:37 AM

Ms. Terrell-Orr responded to questions regarding what types of methodologies should be used to assess racial profiling in police-initiated encounters with the public, and costs associated with a data-collection study being undertaken by the Colorado Springs Police Department. Discussion ensued regarding certain details associated with this study. Ms. Terrell-Orr responded to questions regarding the work of the Center for Policing Equity.

11:47 AM

Discussion ensued regarding the importance of police collecting data to assess the existence of racial profiling. Ms. Terrell-Orr responded to questions regarding the community's position on participating in the study in Colorado Springs, and the potential for recruiting a more diverse police force. Ms. Terrell-Orr responded to questions regarding her academic background.

11:55 AM

The committee recessed.

01:02 PM -- Overview of Racial Profiling Research and Methodological Concerns

The committee returned to order. Dr. Lonnie Schaible, Assistant Professor with the University of Colorado Denver, provided an overview of racial profiling research and methodological concerns. Committee members received a packet of slides providing the basis for Dr. Schaible's presentation (Attachment B). Dr. Schaible provided background on the history of racial profiling, and discussed research conducted on the existence of racial profiling among police conduct. Dr. Schaible responded to questions regarding where to find sources of data that might point to disparate police conduct based on demography. Dr. Schaible returned to discussing research conducted on racial profiling, and reasons why profiling may take place.

150902 Agenda B.pdf150902 Agenda B.pdf

01:17 PM

Dr. Schaible continued to brief the committee on the reasons why racial profiling may be taking place in police stops. Dr. Schaible discussed methodological issues in determining the existence of racial profiling in police activity, referencing the information in Attachment B.

01:30 PM

Dr. Schaible discussed the potential benefits of collecting data pertaining to potential racial profiling during police stops, and challenges to collecting data. Dr. Schaible then covered best practices and what data should ideally be collected to help analyze profiling.





01:42 PM

Dr. Schaible made some policy recommendations for launching data collection on police profiling. Dr. Schaible responded to questions regarding what experts might be available to construct a profiling study in Colorado, and the sample size that would be required to conduct an effective profiling data collection pilot program. Discussion ensued regarding anecdotal evidence as an indicator of racial profiling, and how to account for unconscious racial bias on the part of police.

01:57 PM

Dr. Schaible responded to questions regarding the potential time frame for conducting a profiling pilot study.

01:58 PM -- Perspectives on the Collection of Racial Profiling Data Based on Police Stops

Ms. Rufina Hernandez, Director of the Colorado Civil Rights Division, briefed the committee on the division's mission and scope of work. Ms. Hernandez discussed the division's investigation process and stated that the division may not investigate claims where certain time limitations have lapsed.

Ms. Hernandez responded to questions regarding how the division could be included in profiling-related data collection and investigation. She also discussed the issues and costs that may arise if the division begins investigating profiling-related complaints.

02:08 PM

Ms. Hernandez responded to a question concerning a process for collecting data about the current statutory complaint process and how the division currently handles complaints. In response to a question, Ms. Hernandez discussed protections available under the current anti-discrimination statute, and challenges to collecting reliable data. She stated that there are issues with requiring law enforcement to provide data and there are issues with expecting private citizens to accurately file complaints to the law enforcement agency about which the citizen is complaining. She suggested that having a third party collect data would be the best approach, but still would result in unreliable statistics.

02:16 PM -- Racial Profiling Laws in Other Jurisdictions

Mr. Richard Williams, Criminal Justice Policy Specialist at the National Conference of State Legislatures, provided information on laws and policies outside of Colorado. Mr. Williams provided statistics concerning the number of states with profiling-related laws and discussed common elements in such legislation. He also provided an overview of laws in other states, including such laws' provisions concerning definitions, investigation of officers, complaint processes and procedures, and options for relief for individuals.

02:26 PM

Mr. Williams provided the committee information on policies in other states related to data collection by law enforcement. He explained that law enforcement agencies' methods for eliminating racial profiling include training and car-mounted and body-worn cameras. Mr. Williams discussed lessons learned concerning implementation of profiling-related programs in other jurisdictions.



02:40 PM -- Data Collection Systems Administered Within the Department of Public Safety

Several officials from the Department of Public Safety initiated a discussion about the data systems administered by the department. The panel introduced themselves. Committee members received a packet of slides used during the presentation (Attachment C). Mr. Chris Wallner, Chief Information Officer of the Colorado Integrated Criminal Justice Information System (CICJIS), provided an overview of CICJIS. Mr. Wallner explained the reasons why partner agencies share data through CICJIS.

150902 AgendaC.pdf150902 AgendaC.pdf

02:45 PM -- Sergeant Chris Grimsley, representing the Colorado State Patrol (CSP), discussed the reasons CSP collects race and ethnicity data and the funding source for its data collection systems. He also discussed how CSP gathers and stores information, including the contact form completed by law enforcement and the software used by CSP to track data. Sgt. Grimsley stated that when a license, driving record, or other criminal database does not include race or ethnicity information, the trooper's judgment is used to complete the form.

Sgt. Grimsley responded to questions regarding compiling information, the results of the data, and how such data is used. He further responded to questions concerning training for identifying race and ethnicity, how data is collected when identifying individuals that may be biracial, whether troopers are comfortable with the reporting, and whether such data collection is accurate.

02:56 PM

Sgt. Grimsley continued to respond to questions regarding individuals that may be biracial. He stated that troopers rely on their training to make the best determination. Sgt. Grimsley again stated the reasons why CSP collects race and ethnicity data. Sgt. Grimsley continued to respond to questions regarding identifying race and ethnicity.

03:02 PM -- Mr. Christian Mohr, Agent in Charge of the Crime Information Management Unit (CIMU) in the Colorado Bureau of Investigation (CBI), provided an overview of CIMU and introduced Ms. Darla Hackworth and Mr. Ted DeRosa.

03:04 PM -- Mr. Ted DeRosa, Criminal Justice Information Systems Compliance Officer at CIMU, provided an overview of the Colorado Crime Information Center (CCIC) and the different databases available through CCIC. Mr. DeRosa discussed the types of data available from the different databases that may be accessed through CCIC. He also provided information on CCIC users and stated that law enforcement agencies provide the data that comprises the CCIC.

03:14 PM

Mr. Mohr provided some information on law enforcement use of the CCIC. In response to a question, Mr. Mohr clarified how the CCIC is used.

03:16 PM -- Ms. Darla Hackworth, Supervisor/Uniform Crime Reporting (UCR) Program Manager at CIMU, provided a history of the UCR, including providing background on the National Incident Based Reporting System (NIBRS). Ms. Hackworth provided an overview of the NIBRS data reporting process. Ms. Hackworth responded to questions regarding the source of the information concerning race and ethnicity included in the database.





03:25 PM -- Ms. Peg Flick, Statistical Analyst, Office of Research and Statistics in the Division of Criminal Justice, discussed how the division uses data, and the division's commonly used data sources, including CBI data and information from the judicial branch, not including municipal court data. Ms. Flick also discussed legislative mandates to collect and analyze data.

03:30 PM

Mr. DeRosa responded to a question regarding records management systems used in the state. He stated that CBI uses information from different sources, but that a single system that acts as a repository for information held in many different records management systems does not exist. Mr. Mohr commented that NCIC and CCIC are used by all law enforcement in Colorado, and confirmed that all law enforcement receives information and inputs information into those systems. Mr. DeRosa explained that when a name is cleared through CCIC, a small subset of the information entered is retained. He further explained prior projects regarding changing the database for certain projects and how that specific data is collected and used. Mr. Mohr explained other forms that are included in the CCIC to gather certain information for a specific purpose. In response to a question, Mr. Mohr stated that data analysis would not be under the purview of the CBI.

03:39 PM

Mr. DeRosa responded to a question from Senator Cooke regarding collecting information on a form similar to that used by CSP. Mr. DeRosa discussed financial and data management issues across law enforcement agencies. Mr. Mohr stated that he did not think one agency could collect and analyze race and ethnicity information from every agency.

Ms. Hackworth clarified information regarding NIBRS reporting. Sgt. Grimsley clarified prior testimony regarding identifying race and ethnicity.

03:43 PM -- Other Business

The committee discussed plans for upcoming meetings. Representative Williams suggested presenters for upcoming meetings.

Mr. Bo Pogue, Legislative Council Staff, explained the committee's deadlines for drafting legislation. Mr. Pogue provided the committee with information regarding the Body-Worn Camera Study Group created by House Bill 15-1285.

The committee and Mr. Pogue discussed possible presenters for future meetings.

03:50 PM

The committee adjourned.