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State commission finalizes rules for reimbursement to local governments for certain costs associated with anti-racial profiling law

January 6, 2021
The California Commission on State Mandates finalized the instructions for claiming reimbursement last month for certain costs related to sections of the Racial and Identity Profiling Act of 2015.
 
In May 2020 the commission concluded that certain reporting requirements set forth in a section of the act was a reimbursable state-mandated program for cities that employ or contract for peace officers.

The Racial and Identity Profiling Act of 2015 aims to prevent racial and identity profiling in part by establishing a uniform system for collecting and analyzing data on law enforcement-community interactions, and establishing a state advisory board that investigates profiling patterns and practices, and provides recommendations on how to curb its harmful impact.

Government Code section 12525.5 of the act requires each local agency that employs or contracts for peace officers, excluding probation officers, to annually report certain data on all stops conducted by its officers for the preceding year to the California Attorney General’s office. The data required to be reported includes: the time, date, and location of the stop; the reason for the stop; the perceived race or ethnicity, gender, lesbian, gay, bisexual, and transgender status, approximate age, and English fluency of the person stopped; the actions taken by the officer during the stop; and the result of the stop.

The Commission on State Mandates determined that these reporting requirements result in increased costs for cities that must be reimbursed by the state, including costs to train peace officers on the requirements, costs to install and test software necessary to collect and report data, salary and benefit costs of employees performing the requirements, and costs of materials and supplies necessary to perform the requirements.

The reporting requirements apply to local agencies on a rolling basis based on the number of peace officers an agency employs. Each agency that employs 1,000 or more peace officers was required to issue its first round of reports by April 1, 2019. Each agency that employs between 667 and 1,000 peace officers was required to begin collecting data on Jan. 1, 2019 and was required to issue its first round of reports by April 1, 2020. Each agency that employs between 334 and 667 peace officers was required to begin collecting data on Jan. 1, 2021, and must issue its first round of reports by April 1, 2022. Each agency that employs one or more but less than 334 peace officers must begin collecting data by Jan. 1, 2022 and must issue its first round of reports by April 1, 2023.

The Commission on State Mandates is charged with determining when the Legislature mandates a program or higher level of service on a local government and must reimburse the local government for the costs of such program or increased level of service.

To see the finalized rules for reimbursement and for more information on the types of costs that may be reimbursable under the Commission’s decision, see the Commission’s Decision and Parameters and Guidelines.
For instructions on how to file a claim for reimbursement, see the State Controller’s State-Mandated Costs Claiming Instructions No. 2020-03.


 
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