Report 2021-105 Recommendation 15 Responses

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

Recommendation #15 To: Corrections and Rehabilitation, Department of

To ensure that it adequately responds to potentially biased conduct, CDCR should continue to carry out its planned reforms of its misconduct investigation process. In doing so, it should adopt a clear and comprehensive definition of biased conduct, specify criteria for determining whether conduct meets that definition, document formal analysis of officers' conduct using the criteria, and provide training about how to perform these assessments.

Annual Follow-Up Agency Response From October 2023

Revisions to DOM are completed and under stakeholder review.

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

We look forward to reviewing the revised policies when CDCR submits them for review.

1-Year Agency Response

1-Year Update: Language for multiple DOM revisions is in development and on track to be completed in May 2023. Following that, 15 stakeholder offices have been identified that will each need time for review of revisions being made to their respective sections of the DOM. Because of the number of stakeholders, RPMB's expected completion date is January 2024.

Proposed Action Plan: Develop a CDCR definition of bias conduct (to include the definition of explicit and implicit bias) affecting employees and the population we serve by consulting with stakeholders within CDCR and also by consulting with other law enforcement agencies. Will also seek review by OLA.

Develop guidance for how to determine whether bias influenced an employee's conduct.

- Issue memo to all staff with dual signature from Secretary and Receiver.

- Add language to applicable parts of DOM and CCR.

Finalize the proposed regulations for staff misconduct, which includes analysis of complaints and training of investigators.

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

6-Month Agency Response

Develop a CDCR definition of bias conduct (to include the definition of explicit and implicit bias) affecting employees and the population we serve by consulting with stakeholders within CDCR and also by consulting with other law enforcement agencies. Will also seek review by OLA.

Develop guidance for how to determine whether bias influenced an employee's conduct.

- Issue memo to all staff with dual signature from Secretary and Receiver.

- Add language to applicable parts of DOM and CCR.

Finalize the proposed regulations for staff misconduct, which includes analysis of complaints and training of investigators.

6-Month Update: The drafted memo is being circulated for review, with an estimated signature date of October 31, 2022.

With the definition of bias completed, DOM revisions will be initiated.

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

60-Day Agency Response

Develop a CDCR definition of bias conduct (to include the definition of explicit and implicit bias) affecting employees and the population we serve by consulting with stakeholders within CDCR and also by consulting with other law enforcement agencies. Will also seek review by OLA.

Develop guidance for how to determine whether bias influenced an employee's conduct.

- Issue memo to all staff with dual signature from Secretary and Receiver.

- Add language to applicable parts of DOM and CCR.

Finalize the proposed regulations for staff misconduct, which includes analysis of complaints and training of investigators.

CDCR has developed a definition for biased conduct:

Biased Conduct refers to the conduct of an employee which is motivated, implicitly or explicitly, by an employee's beliefs about someone based on the person's actual or perceived personal characteristics, i.e., race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability. Conduct is biased if a reasonable person would conclude so using the facts at hand; such conduct may occur in an encounter with the inmates, parolees, the public, with other employees, or online, such as conduct on social media. An employee need not admit biased or prejudiced intent for conduct to reasonably appear biased.

Communication has been initiated with responsible parties within CDCR (RPMB, OPEC, OLA, OOR), and OIA's definitive plan and memo to staff will be developed for implementation by October 2022. Language to be added to the DOM will be completed by May 2023 and CCR language (if applicable) will be submitted.

Revisions to CCR may take additional time based upon the established processes and timelines for revisions to regulations.

The regulations are currently being developed and are under review.

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

All Recommendations in 2021-105

Agency responses received are posted verbatim.