PROFILING POLICIES


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Illinois Association of Chiefs of Police
Illinois Chiefs Home Page
Model Policy
Bias Based Policing

I. Purpose

The purpose of this order is to reaffirm the ______________ Police Departmentís commitment to unbiased policing in all its encounters between police officers and citizens, and to reinforce procedures that serve to maintain public confidence and trust through the provision of services in a fair and equitable fashion.

II. Definition: Bias-based policing is the differential treatment of individuals in the context of rendering police service based solely on a suspect classification, such as race, ethnic background, gender, gender identity, sexual orientation, religion, economic status, age or cultural background. Bias-based policing may also be defined as a police action based on an assumption or belief that any of the aforementioned classifications have a tendency to participate or engage in criminal behavior. Use of the aforementioned classifications to identify a specific suspect for questioning or apprehension shall not constitute bias-based policing.

III. Policy

A. Bias-based policing is prohibited. Officers must be able to articulate specific facts, circumstances and conclusions that support probable cause or reasonable suspicion for any search or seizure, including but not limited to traffic stops.

B. It is the policy of the ________________ Police Department that all searches and seizures will be based on the standard of reasonable suspicion or probable cause as required by the Fourth Amendment of the U.S. Constitution and statutory authority.

C. Officers may take into account the reported race, ethnicity or national origin of a specific suspect or suspects in the same way they would use specific information regarding height, weight, hair color etc. about specific suspects.

D. Police service will be provided to all persons without regard to race, ethnic background, gender, gender identity, sexual orientation, religion, economic status, age or cultural group.

IV. Procedure

A. Individual Responsibility

1. Bias-based policing by any department personnel is prohibited. Officers must be able to articulate specific facts, circumstances and conclusions that support probable cause or reasonable suspicion for any search and seizure.

2.  Officers shall conduct searches or seizures based on the standard of reasonable suspicion or probable cause as required by the Fourth Amendment of the U.S. Constitution and statutory authority.

3.     Officers may take into account the reported race, ethnicity or national origin of a specific suspect or suspects in the same way they would use specific information regarding height, weight, hair color etc. about specific suspects.

4. During a contact, misunderstandings may occur from the officerís failure to explain why the contact was made. During most contacts, the officer should inform the detainee of the reason for the contact.

5. Nothing in this section shall limit an officerís ability to interview witnesses or discourage routine conversations with citizens not suspected of an offense.

6. Department personnel will provide police service to all persons without regard to race, ethnic background, gender, gender identity, sexual orientation, religion, economic status, age or cultural group.

7. Any member of the department who observes or is aware of a violation of this procedure shall immediately report it to a supervisor.

B. Supervisory Responsibility

1. Supervisors should ensure that personnel assigned under their command are familiar with this policy and comply with its provisions.

2. Supervisors shall receive all citizen complaints or allegations of bias-based policing on the part of officers under their command and forward such information in writing in compliance with this departmentís standard operating procedures covering citizen complaints and internal investigations.

3. Supervisors should monitor the activities of personnel under their command to ensure that bias-based policing is not practiced.

C. Complaint Process

1. Personnel shall not discourage citizens from filing complaints and should avoid any actions that could be interpreted to constitute intimidation, coercion, or threatened or actual retaliation against citizens to discourage or prevent them from filing complaints.

2. All complaints of bias-based policing shall be fully investigated pursuant to this departmentís standard operating procedures governing citizen

Complaints and internal investigations.

D. Training

1. All officers will receive initial cultural diversity and awareness training at the basic recruit training academy.

2. Training regarding bias-based policing, cultural diversity, interaction with citizens, policy, ethics, legal requirements and related topics will be integrated into the field training program for all new officers and periodically in in-service training as the department deems appropriate.

E. Internal Review. The department shall conduct an annual analysis to ensure compliance with this policy.

This model policy is intended as a guide and prior to modification and  implementation in any specific community, it should be reviewed by legal counsel.

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