Report 2021-105 Recommendation 48 Responses

Report 2021-105: Law Enforcement Departments Have Not Adequately Guarded Against Biased Conduct (Release Date: April 2022)

Recommendation #48 To: San Jose Police Department

To proactively identify signs that officers may need additional training or supports to address possible biased behavior, San José Police should, by April 2023, adopt a policy and implement procedures that align with best practices for an effective early intervention system. The system should do the following:
- Track and incorporate data at the officer level related to complaints, uses of force, and other indicators as appropriate, and use these data to identify officers who could benefit from early intervention. The system should include analysis of stops data that identifies officers based on indications of possible biased conduct.
- Specify a range of early intervention options—such as trainings, mentoring or other supervisory approaches, mental health services, or reassignment—with guidance about how to apply them to the particular circumstances of each officer's conduct. The system should require prompt interventions that address the identified issues with or patterns in the officers' conduct, including conduct related to bias.
- Require monitoring of the officers who receive intervention to evaluate whether their performance improves or whether additional interventions are needed.

Annual Follow-Up Agency Response From November 2023

The Department is continuing use the early intervention system. We are currently in the RFP process and are working on full implementation of the early intervention system. The concern is that if we include stop data information in an early intervention system to appropriately evaluate the inclusion of stop data the department will need to consult with experts in the field, research available data and studies on the subject and determine best practices. because we have not completely incorporated an early invention system that does not include stop data, it will not be able be included until the conclusion of the pilot program. We are currently able to monitor Internal Affairs Data, Use of Force Data, and Arrest Data. All of those options are available already. Through the early intervention system that will be monitored by the established of the unit dedicated to this task.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

1-Year Agency Response

Updated response-We are currently in the RFP process and are working on full implementation of the early intervention system. The concern is that if we include stop data information in an early intervention system to appropriately evaluate the inclusion of stop data the department will need to consult with experts in the field, research available data and studies on the subject and determine best practices. because we have not completely incorporated an early invention system that does not include stop data, it will not be able be included until the conclusion of the pilot program. We are currently able to monitor Internal Affairs Data, Use of Force Data, and Arrest Data. 2. All of those options are available already. 3. Through the early intervention system that will be monitored by the established of the unit dedicated to this task.

California State Auditor's Assessment of 1-Year Status: Pending

6-Month Agency Response

The Department will be evaluating a range of potential early intervention options as part of the Early Intervention System pilot project. It will also develop the process for interventions, including timing, notifications, and documentation. The pilot project is expected to end in December 2022, at which time any recommendations for changes to Department policy will be analyzed and proposed.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

The Department is currently in a pilot project with a vendor for an Early Intervention System. This pilot project is expected to end in December 2022, at which time the effectiveness of the system will be evaluated.

Regarding the inclusion of stops data, the Department will need to evaluate the effectiveness of its inclusion in an Early Intervention System. The Department is concerned that inclusion of stops data may, inadvertently, flag an officer for early intervention based on an inaccurate assumption. If, for example, an officer works in a community predominantly occupied by a given ethnicity, it would be appropriate to expect the officer to stop community members of that ethnicity at a higher rate. By using the frequency of ethnicity in the stops data, the officer might be flagged for early intervention when the reason for the increased number of stops was based solely on circumstance, not on any potential bias.

To appropriately evaluate the inclusion of stops data, the Department will need to consult with experts in the field, research available data and studies on the subject, and determine

best practices. Because the pilot project is already underway and does not include stops data, it will not be able to be included until, at minimum, the conclusion of the pilot. An analysis on the potential inclusion of stops data will be provided in the report documenting the results of the Early Intervention System pilot project.

California State Auditor's Assessment of 60-Day Status: Pending

We are glad that San Jose Police intends to consult with experts regarding the use of stops data in its early intervention system. However, in response to the concerns it raises about the use of stops data we reiterate what we said in the report. Numerous authorities have recognized the complexities of using stops data in early intervention systems, but still recommend their use. Some of those authorities have also provided approaches to address the concerns that San Jose Police raises. Additionally, to address its concern that it will inappropriately flag officers, San Jose Police should follow best practices by including in its system appropriate thresholds and review processes to prevent such an occurrence.

All Recommendations in 2021-105

Agency responses received are posted verbatim.