Prevention of Racial Profiling

1. Prevention of Racial Profiling Jim Smith Montana Sheriffs and Peace Officers Association 34 West 6th Ave., Ste. 2E Helena, MT 59601 jimesmith@mt.net 406.443.5669 406.949-1002 - Cell

2. Funding for Prevention of Racial Profiling. National Highway Traffic Safety Administration (NHTSA); Section 1906. Montana Department of Transportation (MDT) Montana Sheriffs and Peace Officers Association (MSPOA)

3. Montana’s Interest? MDT’s Interest? • Basic highway traffic safety. Saving lives & preventing injuries. • Equal protection and treatment for all citizens who travel the Montana highway system. • Fewer fatal crashes. Fewer serious injuries. Fewer alcohol related crashes. • More seat belt usage by all who drive. • Especially on Reservations & in Indian Country.

4. NHTSA, SAFETEA-LU, Section 1906. • Montana’s Grant contains components for: • Community and communication. • Training and Education. • Surveys and Tracking. • Data collection. Including support for consistent data collection and reporting by law enforcement.

5. Examples • Assessment, Course & Treatment (ACT) for drivers convicted of DUI. • Driver Education Certification courses on Northern Cheyenne and Crow. • Selective Traffic Enforcement Program (STEP) on Salish-Kootenai,Fort Peck, Fort Belknap & Crow Reservations.

6. Examples (cont’d) • Software to retrieve crash related information from Fort Peck, Rocky Boys, Crow and Northern Cheyenne. • Funding for Montana Highway Patrol (MHP) to develop an integrated solution for tracking and preventing racial profiling incidents in Montana.

7. Examples (cont’d) • On-going public information and education programs on the Blackfeet, Fort Peck, Fort Belknap & Rocky Boys Reservations, administered by Banik Communications on behalf of MDT…SOAR (Safe On All Roads) Coordinators. • Assist Tribes with equipment needs (PBTs, Video Cameras, Speed Trailers, etc.).

8. Examples (cont’d) • Racial Profiling Prevention Project, thru MSPOA. • 2007-2010. • Community Liaison. • Outreach, Information, Communication with Tribal Governments, Sheriffs Offices, Police Departments.

9. Presentation Overview • It begins with beliefs. • Racial profiling in Montana. • Highway safety in Indian Country. • Conclusion.

10. It Begins with Beliefs • Words evoke mental images. • Mental images evoke emotions. • Emotions + Experiences form beliefs. • Examples…english language rich with emotion-laden words. • Example…”Montana.’

11. Montana

12. Montana

13. Montana

14. Montana

15. Question • What is the strongest force in the world?

16. Answer • The power of human belief. Agree? Disagree? Discuss.

17. Question • What is the hardest thing in the world to change?

18. Answer • Our own deeply held beliefs. • Agree? Disagree? Discuss.

19. Question • It’s 516 years since 1492. Do you believe the worst of it--in terms of relations between the races-- is: • Behind Native people? • With Native people now? • In Front of Native people?

20. Racial Profiling in Montana • Good resource = Montana Legislative branch home page. • http://leg.mt.gov/css/default.asp

21. Racial Profiling Defined • "Racial profiling" means the detention, official restraint, or other disparate treatment of an individual solely on the basis of the racial or ethnic status of the individual. • (MCA 44-2-117)

22. MCA 44-2-117 44-2-117. Racial profiling prohibited -- definitions -- policies -- complaints -- training. (1) A peace officer may not engage in racial profiling. (2) The race or ethnicity of an individual may not be the sole factor in: (a) determining the existence of probable cause to take into custody or arrest an individual; or (b) constituting a particularized suspicion that an offense has been or is being committed in order to justify the detention of an individual or the investigatory stop of a motor vehicle.

23. MCA 44-2-117 History • 2001 Session. House Bill 189. Sponsored by Rep. William Eggers (HD 6, Crow Agency). Required data collection on traffic stops. Died on 3rd Reading in the House.

24. House Bill 189 • HOUSE BILL NO. 189 INTRODUCED BY B.EGGERS, BIXBY, GALLUS, GALVIN-HALCRO, GUTSCHE, HALLIGAN, HURDLE, JUNEAU, KAUFMANN, KITZENBERG, LENHART, PEASE, SMITH • A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE MONTANA HIGHWAY PATROL, SHERIFF'S OFFICES, AND POLICE DEPARTMENTS TO COLLECT AND REPORT DATA ON ROUTINE TRAFFIC ENFORCEMENT THAT CAN BE USED WITH REGARD TO THE ISSUE OF RACIAL PROFILING; PROVIDING FOR THE USE OF THE INFORMATION IN LAW ENFORCEMENT TRAINING; PROVIDING FOR THE VOLUNTARY COLLECTION OF THE DATA BY LOCAL LAW ENFORCEMENT AGENCIES; AND PROVIDING AN EFFECTIVE DATE."

25. MCA 44-2-117 History • 2003 Session. House Bill 293. Sponsored by Rep. Frank Smith (SD 16, Poplar) • Required local and state law enforcement agencies to adopt a policy prohibiting racial profiling. • Passed. Codified at MCA 44-2-117

26. House Bill 293 • HOUSE BILL NO. 293 INTRODUCED BY SMITH, BIXBY, COONEY, ELLINGSON, FRANKLIN, HEDGES, JAYNE, JUNEAU, PEASE, ROUSH, SMALL-EASTMAN, TROPILA, WINDYBOY • AN ACT PROHIBITING RACIAL PROFILING; REQUIRING LAW ENFORCEMENT AGENCIES TO ADOPT A DETAILED WRITTEN POLICY THAT CLEARLY DEFINES THE ELEMENTS CONSTITUTING RACIAL PROFILING AND THAT PROHIBITS RACIAL PROFILING; REQUIRING THE POLICY TO INCLUDE A PROCEDURE FOR INVESTIGATING COMPLAINTS OF RACIAL PROFILING; REQUIRING A LAW ENFORCEMENT AGENCY TO TAKE APPROPRIATE ACTION AGAINST A PEACE OFFICER VIOLATING THE POLICY AGAINST RACIAL PROFILING; DEFINING "RACIAL PROFILING"; AND PROVIDING AN EFFECTIVE DATE.

27. MCA 44-2-117 History • 2005 Session. Senate Bill 282. Sponsored by Senator Frank Smith (SD 16, Poplar) • Required training of law enforcement officers in racial profiling and cultural awareness Added a complaint procedure to policy. Passed. Amended MCA 44-2-117.

28. Senate Bill 282 • SENATE BILL NO. 282 INTRODUCED BY SMITH, CAFERRO, COCCHIARELLA, COHENOUR, ELLINGSON, GILLAN, HANSEN, KITZENBERG, MANGAN, PEASE, ROUSH, SCHMIDT, SMALL-EASTMAN, TESTER, TOOLE, TROPILA, WILLIAMS, WINDYBOY • AN ACT REVISING THE LAW PROHIBITING RACIAL PROFILING; REQUIRING WRITTEN POLICIES AND COMPLAINT PROCEDURES; REQUIRING TRAINING FOR LAW ENFORCEMENT OFFICERS; AND AMENDING SECTION 44-2-117, MCA.

29. MCA 44-2-117 History • 2007 Session. House Bill 781. Sponsored by Rep. Jonathan Windy Boy (HD 32, Box Elder). • Required data collection on traffic stops by law enforcement. Requires law enforcement officers to note the race of individuals stopped for traffic violations. • Passed. Amended MCA 44-2-117

30. House Bill 781 • HOUSE BILL NO. 781 INTRODUCED BY J.WINDY BOY, AUGARE, BIXBY, CAMPBELL, CORDIER, JAYNE, JUNEAU, PEASE, SMALL-EASTMAN, SMITH • AN ACT REQUIRING EACH LAW ENFORCEMENT AGENCY TO ADOPT A POLICY ON RACE-BASED TRAFFIC STOPS, INCLUDING THE COLLECTION OF DATA ON RACIAL PROFILING IN TRAFFIC STOPS; AMENDING SECTION 44-2-117, MCA; AND PROVIDING AN EFFECTIVE DATE.

31. Bottom Line Racial Profiling

32. Requirements of the Law • Law enforcement agencies must adopt a policy prohibiting racial profiling--race based traffic stops-- of ethnic & racial minorities (African American, Hispanic, Native American, Asian, Middle Eastern descent).

33. Requirements of the Law (cont’d) • provides for periodic reviews by the law enforcement agency and collection of data that determine whether any peace officers of the law enforcement agency have a pattern of stopping members of minority groups for violations of vehicle laws in a number disproportionate to the population of minority groups residing or traveling within the jurisdiction of the law enforcement agency;

34. Requirements of the Law (cont’d) • Requires Peace Officers to make an ‘educated guess’ or ‘judgment call ‘ as to the race or ethnicity of anyone stopped for a traffic violation; and to note the assumed race or ethnicity of the person on the Traffic Citation, or through other means. • Periodic reviews of each officer by his or her supervisor in order to determine whether or not there is a pattern of racial profiling by that officer.

35. Requirements of the Law (cont’d • Each law enforcement agency may provide for appropriate counseling and training of any peace officer found to have engaged in race-based traffic stops within 90 days of the review. The course or courses of instruction and the guidelines must stress understanding and respect for racial and cultural differences and development of effective, noncombative methods of carrying out law enforcement duties in a racially and culturally diverse environment.

36. Requirements of the Law (cont’d • if the review under subsection (3)(b) reveals a pattern, requires an investigation to determine whether any peace officers of the law enforcement agency routinely stop members of minority groups for violations of vehicle laws as a pretext for investigating other violations of criminal law.

37. Requirements of the Law (cont’d • Training of Peace officers in racial profiling and cultural awareness. • Montana Law Enforcement Academy (MLEA)--four (4) hour block at MLEA Basic Training. • MLEA willing to bring class to local law enforcement agencies on request.

38. Requirements of the Law (cont’d • The policy must include a procedure that the law enforcement agency will use to address written complaints concerning racial profiling. The complaint procedure must require that:(i) all written complaints concerning racial profiling be promptly reviewed; (ii) a person is designated who shall review all written complaints of racial profiling;

39. Requirements of the Law (complaint--cont’d) • (iii) the designated person shall, within 10 days of receipt of a written complaint, acknowledge receipt of the complaint in writing; and (iv) after a review is completed, the designated person shall, in writing, inform the person who submitted the written complaint and the head of the agency of the results of the review.

40. Law Enforcement SurveyApril-May, 2008 • 50 Police Departments (N=50) • 43 have adopted policy per 44-2-117. • 43 are collecting data. • 40 are getting officers trained. • 41 have ordered new citations (MHP’s E-ticket containing block for race).

41. Law Enforcement SurveyApril-May, 2008 • 56 Sheriff’s Officers (N=56). • 48 have adopted policy per 44-2-117. • 37 are collecting data. • 48 are getting officers trained. • 36 have ordered new citations (MHP’s E-ticket containing block for race).

42. Highway Safety in Indian Country. • “Native Americans make up 6.2 percent of Montana’s population, yet in 2005 they accounted for 13.5 percent of the State’s fatalities. From 1996 to 2005, Native Americans comprised from 13.5 to 20.1 percent of the state’s fatalities.” • Source: MDT Comprehensive Highway Safety Plan. Sept. 2006.

43. Source: MDT: State Highway Traffic Safety Bureau. Traffic Safety Problem Identification. FY 2008

44. Source: MDT: State Highway Traffic Safety Bureau. Traffic Safety Problem Identification. FY 2008

45. Alcohol/Drug Related Crashes Comparison Counties near/on reservations vs. counties away from reservations with similar populations County Population (2005) Alcohol/Drug Related Crashes % Big Horn 13,005 35 19.6% Fergus 11,539 12 8.0% Glacier 13,508 66 22.7% Custer 11,454 6 7.6% Roosevelt 10,600 45 23.1% Sanders 10,945 44 18.2% Jefferson 10,857 30 9.0% Lake 27,919 109 18.9% Silver Bow 33,093 34 7.5 Source: MDT: State Highway Traffic Safety Bureau. Traffic Safety Problem Identification. FY 2008

46. Alcohol/Drug Related Crashes Comparison, continued Counties near/on reservations vs. counties away from reservations with similar populations County Population (2005) Alcohol/Drug Related Crashes % Blaine 6,668 23 25.0% Teton 6,283 2 8.5.% Hill 16,376 26 13.3% Park 15,791 14 9.6% Rosebud 9,270 8 7.3% Carbon 9,755 25 14.0% Richland 9,112 23 12.5% Deer Lodge 9,088 11 11.0% Source: MDT: State Highway Traffic Safety Bureau. Traffic Safety Problem Identification. FY 2008

47. Source: MDT: State Highway Traffic Safety Bureau. Traffic Safety Problem Identification. FY 2008

48. Source: MDT: State Highway Traffic Safety Bureau. Traffic Safety Problem Identification. FY 2008

49. Conclusion • Eliminate racial profiling where it is found to be happening. • Eliminate the perception of racial profiling if it is not happening. • Through compliance with MCA 44-2-117. • Why?

50. Why? • So that law enforcement and Indian people can work together on other issues: • Highway Traffic Safety issues…like: • Primary Seat Belt Law. • Cross Deputization Agreements. • Information Sharing.