Report 2021-105 Recommendation 61 Responses

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

Recommendation #61 To: Stockton Police Department

To ensure that it adequately investigates possible biased conduct and implements effective corrective actions, Stockton Police should ensure it has implemented policies or procedures by January 2023 that require that the investigations apply a definition of bias that incorporates the following: biased conduct can include conduct resulting from implicit as well as explicit biases; conduct is biased if a reasonable person would conclude so using the facts at hand; an officer need not admit biased or prejudiced intent for conduct to reasonably appear biased; and biased conduct may occur in an encounter with the public, with other officers, or online, such as conduct on social media.

Annual Follow-Up Agency Response From July 2025

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, 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.

Policy 1009, "Personnel Complaints," contains Section 1009.4.6, "Hate Complaints Against Peace Officers," which addresses complaints alleging that an officer, within the past seven years and since turning 18, has engaged in membership in a hate group, participation in hate group activities, or public advocacy of hate (Penal Code section 13682)

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

The policies cited in the department's response do not fully address our recommendation, which includes more specific direction to the department's investigators regarding the manner in which they should consider and reach conclusions about potentially biased activities.

Annual Follow-Up Agency Response From October 2023

The Stockton Police Department is updating its policies through Lexipol, a platform representing nationwide standards and best practices. Currently, our Personnel Complaints Policy states Penal Code 13670, which defines a law enforcement gang. Lexipol will have a policy dedicated to Bias-Based Policing, which will include a definition of bias-based policing.

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

All Recommendations in 2021-105

Agency responses received are posted verbatim.