Report 2021-105 Recommendation 37 Responses

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

Recommendation #37 To: San Bernardino Police Department

To proactively identify signs that officers may need additional training or supports to address possible biased behavior, San Bernardino 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 September 2023

The Department identified the degree of implementation in the previous response and has not received further information.

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

In its previous response San Bernardino reported that it had not yet implemented this recommendation. Because San Bernardino noted in this update that it has fully implemented the recommendation, we requested documentation supporting that implementation, but the department has not yet provided any.

6-Month Agency Response

The Department uses Lexipol LLC. to maintain the most current policies that are regularly updated in response to new state and federal laws and relevant court decisions. The Department utilizes CI Technologies IAPro-Blue Team to document and track incidents related to complaints, uses of force, and other indicators that require supervisory oversight. Supervisors review incidents before Blue Team entry for Department Policy Violations, including bias-based policing. Upon completion, Blue Team entries are reviewed by a manager. The Department sets alert criteria for incidents that will signal additional manager review to determine if any early intervention is necessary. The Department uses Brazzos software to report stop data to the Department of Justice so the RIPA Board may analyze and produce public reports. A Department manager reviews all stop data before submission. As stated in the audit report, there is no published technical guidance on how departments should incorporate stop data into early intervention systems. The Department appreciates that the audit report recognizes the nuances and complexities involved in using stop data to identify trends indicating potential bias and will strive to identify and prevent biased behavior.

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

60-Day Agency Response

The Department is working on these recommendations and anticipates completing them by the next reporting period.

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

All Recommendations in 2021-105

Agency responses received are posted verbatim.