Report 2021-105 Recommendation 53 Responses

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

Recommendation #53 To: Stockton Police Department

To communicate to both the public and its officers its commitment to performing its duties in a fair and impartial manner, Stockton Police should formalize a policy that
aligns with best practices by, at minimum, declaring that biased conduct is prohibited, describing in detail what constitutes biased conduct, and outlining key compliance mechanisms.

Annual Follow-Up Agency Response From March 2025

Department Policy 401, "Bias-Based Policing," clearly outlines the Stockton Police Department's commitment to fair and objective policing. This commitment is explicitly stated in Section 401.1, "Purpose and Scope."

Additionally, the policy prohibits bias-based policing and provides a detailed definition of what constitutes biased conduct.

Section 401.3, "Bias-Based Policing Prohibited," states:

"Bias-based policing is strictly prohibited. However, nothing in this policy is intended to prohibit an officer from considering protected characteristics in combination with credible, timely, and distinct information connecting a person or people of a specific characteristic to a specific unlawful incident, specific unlawful incidents, specific criminal patterns, or specific schemes."

Furthermore, Section 401.1.1, "Definitions," explicitly defines bias-based policing or improper profiling as:

"An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin (including limited English proficiency), religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement (Penal Code section 13519.4). This includes explicit and implicit biases (i.e., conscious and unconscious beliefs or attitudes towards certain groups)."

Additionally, Lexipol Policy 300, "Use of Force," reinforces the expectation that officers must carry out their duties, including the use of force, in a manner that is fair and unbiased.

All policies are published on the public-facing department website.

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

Annual Follow-Up Agency Response From October 2023

The Department is updating all of its policies, which will include a formalized policy that, at a minimum, will specifically declare that biases are prohibited, describing in detail what constitutes biased conduct and outlining fundamental compliance mechanisms. We anticipate all policies to be updated by December 2024.

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

All Recommendations in 2021-105

Agency responses received are posted verbatim.