Full Text
- Bias Free Policing, G.O. No. 5.1.20 Page 1 ALBANY, NEW YORK POLICE DEPARTMENT 165 HENRY JOHNSON BOULEVARD ALBANY, NEW YORK 12210 BIAS FREE POLICING GENERAL ORDER NO: 5.1.20 Issue Date: July 24, 2017 Effective Date: December 5, 2015 Revision Date: December 5, 2015 NYSLEAP: N/A Volume 5: Arrests Chapter 1: Law Enforcement Authority Distribution: Sworn Personnel Page: 1 of 2 Issuing Authority: Chief Eric Hawkins PURPOSE: The purpose of this policy is to affirm this department's commitment to unbiased policing and to reinforce procedures that serve to assure the public that member’s of this department are providing service and enforcing laws in a fair and equitable manner. POLICY: It is the policy of the Albany Police Department to preserve the peace and maintain order in our community by practicing bias-free policing and respecting the rights and dignity of all. Employees will not engage in bias based profiling in traffic contacts, field contacts, arrests, asset seizure, asset forfeiture efforts or any other official action. DEFINITIONS: Bias Based Profiling – Bias based profiling means the selection of an individual(s) for enforcement action based solely on a trait common to a group. This includes, but is not limited to, race, ethnic background, gender, gender identity, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group. Criminal Profiling – Criminal profiling means the legitimate practice based on articulable behaviors or characteristics that can be analyzed and evaluated. Officers must have individualized suspicion based on articulable behavior, facts and/or characteristics to stop or detain an individual. I. BIAS BASED PROFILING A. Prohibition: 1. No person shall be subject to any stop, whether traffic or field contact, detention, enforcement action, search, asset seizure or forfeiture efforts, when such stop, detention, enforcement action, search or seizure is based solely on: a. The person's race, ethnic background, gender, gender identity, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group, or upon the member's perception of the same. Eric Hawkins Chief of Police 1789 ---PAGE BREAK--- - Bias Free Policing, G.O. No. 5.1.20 Page 2 2. Officers must be able to articulate specific facts and circumstances that support the standards of reasonable suspicion and/or probable cause to justify police actions. 3. Traffic stops, field contacts, arrests, nonconsensual and consensual searches, and asset seizure and forfeiture efforts shall be conducted in accordance with the tenets set forth in the Constitution of the United States. B. Corrective Measures: 1. It is the responsibility of supervisors to properly review the actions and reports of subordinates to ensure no officer is permitted to engage in bias profiling or other discriminatory practices. 2. If bias based profiling occurs, investigations and/or complaints shall be handled in accordance with current applicable department policies and procedures and related laws. C. Training: 1. All affected personnel of this department shall receive initial training on bias based profiling and related topics upon being hired, such as appropriate practices and procedures, cultural diversity, communications skills, and legal aspects. 2. Any affected personnel shall receive annual training relating to biased issues, including legal aspects D. Administrative Review: 1. The Commander of the Office of Professional Standards (OPS) or his/her designee shall conduct a documented annual administrative review of department practices, including citizen concerns, to ensure bias profiling is not occurring and/or to identify and analyze cases where it may have occurred. a. This annual administrative review shall utilize data between the dates of April 1 and March 15 (CALEA year) of each successive calendar year. b. Sources for this review shall include citizen complaints, referrals from department personnel and any other communications received by the department related to this topic. c. Following this review, the Commander of OPS or his/her designee shall submit a written report to the Chief of Police detailing the results of the review. d. This written report shall indicate whether policy, training, or disciplinary issues should be addressed. Officer contacts during traffic stops, field contacts, and in asset seizure and forfeiture efforts shall also be addressed.