Profiling Interim Committee (10/28/2015)

Final
STAFF SUMMARY OF MEETING

PROFILING INTERIM COMMITTEE

Date:	10/28/2015	ATTENDANCE

Time:	09:13 AM to 12:09 PM	Roberts	X
		Salazar	*
Place:	RM 271	Ulibarri	X
		Willett	X
This Meeting was called to order by		Cooke	X
	Senator Cooke	Williams	X

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

Bills Addressed:		Action Taken:
Bias-related Data Collection Initiatives and Programs Greenwood Village Police Department E-Ticketing System Consideration of and Final Action on Draft Committee Legislation and Associ		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Recommendation(s) Approved

09:14 AM -- Bias-related Data Collection Initiatives and Programs

Senator Cooke, chair, called the committee to order. Dr. Tracie Keesee, Director of Research Partnerships for the Center for Policing Equity, testified remotely regarding data collection programs. Dr. Keesee explained that Colorado's efforts to determine the best practices for collecting and analyzing data are not unique, and that other states and the federal government are also trying to determine best practices for law enforcement agencies to share, collect, and analyze data.

09:24 AM

Senator Roberts and Dr. Keesee discussed how data can be used to determine bias. Dr. Keesee discussed the ways in which pilot programs she has been involved with have worked to determine bias from data.

09:30 AM -- Greenwood Village Police Department E-Ticketing System

Police Chief John Jackson and Traffic Safety Officer George Voigt, representing the Greenwood Village Police Department, testified for the committee regarding the electronic ticketing system used by the Greenwood Village Police Department. Chief Jackson's presented on the process of the e-ticketing system, and not a comment on any proposed legislation.

Officer Voigt provided an example of using the electronic citation system with Senator Cooke, which included demonstrating how electronic citations are issued and how the department processes the citation.

09:40 AM

Chief Jackson continued to present information on how the department processes electronic citations. Officer Voigt explained the benefits of using the electronic citation system.

09:50 AM

Chief Jackson and Officer Voigt continued to discuss the efficiencies realized by using an electronic citation system. Chief Jackson also described how the electronic citation system is a data collection system. Chief Jackson responded to questions regarding photographic data collection.

10:00 AM

Chief Jackson discussed the different methods of data collection, including Field Interview Forms, and different types of contacts with members of the public. Chief Jackson continued to respond to questions from the committee about how data is entered into the electronic citation system, and how that data is reported. Chief Jackson explained that he supports the use of electronic citation systems and the information necessary to provide valuable data about police contacts.

10:10 AM

Chief Jackson discussed proposed committee Bill 1. Chief Jackson responded to questions about the electronic citation system and how supervisors use the data collected by the system. Chief Jackson and Senator Roberts discussed how the data collected affects the department's efforts to prevent racial profiling.

10:20 AM

Chief Jackson continued to respond to questions regarding how to use data and electronic tools to determine whether officer misconduct occurs.

10:27 AM -- Consideration of and Final Action on Draft Committee Legislation and Associated Amendments

Mr. Josh Abram and Mr. Bo Pogue, Legislative Council Staff, provided information on the process for the committee to discuss proposed legislation, fiscal notes prepared for proposed legislation, and the procedure for recommend bills to be forwarded to the Legislative Council Committee.

10:33 AM -- Mr. Michael Dohr, Office of Legislative Legal Services, presented proposed committee Bill 1, concerning measures to collect data to study racial profiling. Mr. Dohr provided a summary of the bill. Representative Williams discussed the reasons she proposed Bill 1.

10:42 AM

Representative Williams distributed and discussed Amendment 1 (attachment A) and Amendment 2 (attachment B) to Bill 1. The committee discussed Amendment 1.

151028 AttachA.pdf

151028 AttachB.pdf

10:52 AM

The committee continued to discuss Bill 1 and Amendment 1 to that bill. The committee also discussed the differences between race and ethnicity.


BILL:	Bill 1
TIME:	11:04:02 AM
MOVED:	Williams
MOTION:	Adopt Amendment 1 to Bill 1 (attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Roberts
	Salazar
	Ulibarri
	Willett
	Cooke
	Williams

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

11:04 AM

Representative Williams presented Amendment 2 to Bill 1 and discussed the law enforcement agencies that have expressed interest in participating in the pilot program.


BILL:	Bill 1
TIME:	11:06:44 AM
MOVED:	Williams
MOTION:	Adopt Amendment 2 to Bill 1 (attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Roberts
	Salazar
	Ulibarri
	Willett
	Cooke
	Williams

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

11:07 AM

The committee returned to discussion on Amendment 1 to Bill 1.

11:09 AM -- Ms. Jeanne Smith, representing the Division of Criminal Justice within the Department of Public Safety, testified on Bill 1. Ms. Smith discussed the bench marking provisions in Amendment 1. Ms. Smith discussed the best way to use limited funds in the context of bias determination, and potential vagaries associated with the amendment. Ms. Smith responded to questions regarding the ability of the division to gather data on bias and accurately report findings.

11:17 AM

Senator Cooke laid over Bill 1 pending future action. Mr. Dohr provided an overview of proposed committee Bill 2, concerning providing the opportunity to collect identifying information from applications for state-issued cards. Senator Ulibarri provided his reasons for requesting the bill. The committee discussed Bill 2. The committee discussed implementation of the program created by Bill 2 and how data from the program may be used. Bill 2 was laid over pending future action.

11:25 AM

The committee recessed.

11:36 AM

The committee returned to order. Mr. Dohr provided an overview of proposed committee Bill 3, concerning the creation of the racial profiling reporting program in the Division of Civil Rights within the Department of Regulatory Agencies. Senator Ulibarri discussed the bill and its fiscal note. Mr. Abram and Ms. Amanda Hayden, Legislative Council Staff, responded to questions regarding the fiscal note.

Representative Willett presented and distributed Amendment 1 to Bill 3 (attachment C). The committee discussed the amendment.

151028 AttachC.pdf

11:47 AM -- Ms. Jana Locke, representing the Department of Public Safety, testified on the amendment and Bill 3. Ms. Locke discussed the potential fiscal impact of the amendment on the Department of Public Safety. The committee discussed the amendment.


BILL:	Bill 3
TIME:	11:52:14 AM
MOVED:	Willett
MOTION:	Adopt Amendment 1 to Bill 3 (attachment C). The motion failed on a 3-3 vote.
SECONDED:
		VOTE
	Roberts	Yes
	Salazar	No
	Ulibarri	No
	Willett	Yes
	Cooke	Yes
	Williams	No

YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	Bill 3
TIME:	11:53:03 AM
MOVED:	Ulibarri
MOTION:	Include Bill 3 as one of the bills forwarded by the PICLE Committee to the Legislative Council. The motion failed on a 3-3 vote.
SECONDED:
		VOTE
	Roberts	No
	Salazar	Yes
	Ulibarri	Yes
	Willett	No
	Cooke	No
	Williams	Yes

Final YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	Bill 2
TIME:	11:53:55 AM
MOVED:	Ulibarri
MOTION:	Include Bill 2 as one of the bills forwarded by the PICLE Committee to the Legislative Council. The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Roberts	Yes
	Salazar	Yes
	Ulibarri	Yes
	Willett	Yes
	Cooke	Yes
	Williams	Yes

Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:56 AM

Senator Roberts explained her vote on Bill 1. Representative Salazar commented on racial profiling, generally and Bill 1. Senator Cooke commented on the work of the committee. Representative Williams also commented on racial profiling.


BILL:	Bill 1
TIME:	12:06:40 AM
MOVED:	Williams
MOTION:	Include Bill 1, as amended, as one of the bills forwarded by the PICLE Committee to the Legislative Council. The motion failed on a 3-3 vote.
SECONDED:
		VOTE
	Roberts	No
	Salazar	Yes
	Ulibarri	Yes
	Willett	No
	Cooke	No
	Williams	Yes

Final YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: TIE

12:07 PM

The committee determined that Representative Salazar will be the prime sponsor of Bill 2, and that the bill will be a House bill. Senator Ulibarri will be the senate prime sponsor for Bill 2; Senator Roberts will be a co-prime sponsor. The committee agreed to include a safety clause to the bill and grant the Office of Legislative Legal Services the authority to make technical changes to the bill.

12:09 PM

The committee adjourned.