§ 999.227.
11 CA ADC § 999.227Barclays Official California Code of RegulationsEffective: January 1, 2024
Effective: January 1, 2024
11 CCR § 999.227
§ 999.227.
(4) When two or more reporting agencies are involved in a stop, only the primary agency shall submit a report. The primary agency is the agency with investigative jurisdiction based on local, county, or state law or applicable interagency agreement or memoranda of understanding. If there is uncertainty as to the primary agency, the agencies shall agree on which agency is the primary agency for reporting purposes. If a stop is done in conjunction with a reporting agency and an agency that is not subject to the reporting requirements of this chapter, the reporting agency is required to submit data on the stop, even if it is not the primary agency responsible for the stop. An officer must indicate, where relevant, if they work with the non-primary agency.
(A) Example: Deputy A works at a Sheriff's Office as part of a joint task force with the federal Drug Enforcement Administration (DEA). As part of the joint task force, DEA officers and Deputy A stopped, searched, and arrested one person outside of a residence. Although the DEA was the primary agency for this stop, Deputy A is required to report the stop and their perceptions of the stopped person's race, gender, sexual orientation, among other data elements in Section 999.226, at the time Deputy A formed those perceptions.
(5) If more than one peace officer of a reporting agency conducts a stop, only one officer shall collect and report the information required to be reported in this chapter. The officer with the highest level of engagement with the person stopped shall submit the full report for all data elements, regardless of whether that officer performed the specific action(s) reported.
(A) Example: If Officer A stops a person, questions them, and conducts a subsequent consensual search that results in the discovery of narcotics, but Officer B handcuffs the person and takes the person into custody, Officer A would complete the stop report and include all relevant actions of both Officer A and B in that stop report.
(8) On January 1 of each year until the agency begins reporting data to the Department, each reporting agency shall count the number of peace officers it employs who are subject to this chapter to determine the date that agency must start collecting stop data and reporting to the Department pursuant to Government Code section 12525.5, subdivisions (a)(1) and (a)(2).
(10) In order to ensure compliance with these regulations, a reporting agency, its officers, or both may review the stop data to correct errors before submitting the stop data to the Department. Once the stop data is submitted to the Department, however, an agency can only revise stop data through the Department's error resolution process.
(11) Reporting agencies shall create the Officer's I.D. Number defined at section 999.226, subdivision (a)(19) for each officer required to report stops under these regulations. Stop reports submitted to the Department shall include the Officer's I.D. Number, but shall not include the officer's name or badge number. However, each reporting agency shall maintain a system to match an individual officer to their Officer's I.D. Number.
1. Example: An officer stops a speeding SUV containing an adult and their two small children. During the stop, the officer learns that the adult's license has been revoked. The officer then orders the family to exit the vehicle and sit on the curb while they question the adult. The officer shall submit stop data for each person, because ordering persons to sit on the curb is a data value in section 999.226, subdivision (a)(16)(B).
2. Example: An officer stops a speeding truck containing an adult and their two teenage children. During the stop, the officer learns that the vehicle is stolen, and must impound the vehicle. The officer arrests the adult, and then asks the teenage children to exit the car so that the officer can impound the vehicle. The officer shall not submit stop data for the two children because “Vehicle impounded” is excluded from the data values under section 999.226, subdivision (a)(16)(B) that trigger the reporting of stop data regarding passengers.
(3) Stops that occur during or as a result of routine security screenings required of all persons to enter a building or special event, including metal detector screenings, including any secondary searches that result from that screening, are not subject to the reporting requirements of this chapter.
(1) Interactions that take place during the following circumstances shall be reported if the person is detained based upon individualized suspicion or personal characteristics and/or the officer engages in any of the actions described in the data values set forth in section 999.226, subdivision (a)(16)(B), excluding “None.” and as well as actions identified as data values in section 999.226, subdivision (a)(17)(A), excluding “None.”:
1. Example: An officer is dispatched to a residence to investigate a noise complaint. Upon arrival, the officer suspects that some of the persons at the house party are engaged in underage drinking and they detain the persons to request identification to verify proof of age. Because the only action the officer takes is to detain the persons for the sole purpose of verifying proof of age, these interactions are not reportable.
2. Example: At that same party, the officer, in addition to detaining a person to question them, also asks to search the person. Regardless of whether the person consents to the search or is actually searched, that interaction is reportable because asking for consent to search and/or conducting a search are data values under section 999.226, subdivision (a)(16)(B) that trigger reporting of stop data in these settings.
1. Example: An officer orders all passengers in a Los Angeles County Metro Rail car to stay in place until the officer had the opportunity to check that all passengers have valid tickets. Because the officer checked all passengers and took no other actions, these interactions are not subject to the reporting requirements of this chapter.
(2) Interactions that take place with a person in their residence who is the subject of an arrest warrant, search warrant or search condition are not subject to the reporting requirements of this chapter. A peace officer shall, however, report any interaction with a person who is the subject of an arrest or search warrant or search condition that takes place anywhere other than the person's residence. A peace officer shall also report any interactions with persons in the residence who are not the subject of the warrant or search condition, if the officer takes any of the following actions: handcuffs or flex cuffs the person; arrests the person; points a firearm, electronic control device, or impact projectile weapon at the person; discharges or uses a firearm, electronic control device, impact projectile, baton or other impact weapon, or chemical spray on the person; or if a canine bit/held the person.
1. Example: Officer A goes to a residence to execute a search warrant, which includes language to detain all occupants suspected or believed to have participated in the illegal activity cited in the warrant. At the residence, Officer A encounters a person named in the warrant and three other people not named in the warrant. Officer A handcuffs all four people in the residence. Officer A must complete stop data entries for the three people not named in the warrant.
2. Example: Officer B drives to a residence to conduct a search pursuant to a person's post-release community supervision (PRCS). Officer B spots the person on PRCS on the sidewalk outside his house. At some point during their interaction, Officer B handcuffs the person. Officer B must complete a stop data entry for this interaction.
(3) Interactions that take place with a person in their residence who is the subject of home detention or house arrest while an officer is on home detention or house arrest assignment, are not subject to the reporting requirements of this chapter. A peace officer shall, however, report any interaction with a person who is the subject of an arrest or search warrant or search condition that takes place anywhere other than the person's residence. A peace officer shall also report any interactions with persons in the home who are not the subject of the home detention or house arrest, if the officer takes any of the following actions: handcuffs or flex cuffs the person; arrests the person; points a firearm, electronic control device, or impact projectile weapon at the person; discharges or uses a firearm, electronic control device, impact projectile, baton or other impact weapon, or chemical spray on the person; or if a canine bit/held the person.
1. Example: Officer A goes to a residence to conduct a compliance check on a person on home detention. Officer A arrives at the residence and encounters four relatives of the person on home detention. At some point during the compliance check, Office A points his firearm at one of the relatives. Officer A must complete stop data entry for the person at whom they pointed their firearm.
2. Example: Officer B goes to a residence to conduct a compliance check on a person on home detention. At the residence, Officer B encounters two other people and asks them to step outside the house. Officer B takes no other action towards the two other people. Officer B need not complete a stop data entry for this interaction.
(C) Any interaction in which an officer engages in one or more of the data values set forth in section 999.226, subdivision (a)(16)(B), excluding “None,” as well as actions identified as data values in section 999.226, subdivision (a)(17)(A), excluding “None.” This does not include a detention or search that is conducted of all persons as part of a neutrally applied formula that is not based upon personal characteristics. This includes searches conducted at the entries and exits of school facilities by screening devices, and secondary screenings that result from that initial screening.
(A) “Location of Stop.” In addition to reporting the data values in section 999.226, subdivision (a)(3)(A) and (B) above, the officer shall provide the name of the school where the stop took place. To ensure uniformity, the Department of Justice shall provide a list of the names of K-12 Public Schools, using information obtained from the Department of Education. The officer shall also indicate that the stop is of a student.
(C) “Reason for Stop.” When reporting this data element, the officer shall select the primary reason for the stop from among the data values in section 999.226, subdivision (a)(14) as well as the additional data values provided below. “Student violated school policy” should only be selected if other options related to violations of law (e.g., Penal Code or Education Code) do not apply.
1. Possible conduct warranting discipline under Education Code sections 48900, 48900.2, 48900.3, 48900.4, and 48900.7. When selecting this data value, the officer shall identify the primary code section and subdivision from the following options: 48900(a) through 48900(r); 48900.2; 48900.3; 48900.4; and 48900.7(a).
(D) “Non-Force-Related Actions Taken by Officer During Stop” and “Force-Related Actions Taken by Officer During Stop.” When reporting these data elements, in addition to selecting the applicable data values in section 999.226, subdivision (a)(16)(B) and (17)(A) above, the officer shall also select the following data value if applicable:
Credits
Note: Authority cited: Section 12525.5, Government Code. Reference: Section 12525.5, Government Code.
History
1. New article 4 (section 999.227) and section filed 11-7-2017; operative 11-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 45).
2. Amendment filed 8-5-2022; operative 1-1-2024 pursuant to Government Code section 11343.4(b)(2) (Register 2022, No. 31).
3. Amendment of subsections (a)(11), (b)(1)(B)-(b)(1)(B)2., (d)(1), (d)(1)(C)2., (e)(3)(C), (e)(4)(D), (e)(4)(E), (e)(4)(F) and (e)(4)(G) filed 10-11-2023; operative 1-1-2024 (Register 2023, No. 41).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 11, § 999.227, 11 CA ADC § 999.227
End of Document |