Bias-Free Policing(1)

Policy & Procedures                 No. 1.41
                                  Subject:
                 Bias-Free Policing
                                  Issuing Authority:                                       Effective Date:   Review Date:
                     Chief of Police                   12/03/14   01/21/2024
                                                                         Review Dates:

 Review
 Revision   01/17/2915   Revised:
 Reissued   09/13/2016   07/29/2021
 Dates:     11/12/2017
            12/17/2020
            11/15/2022

CALEA STANDARDS  41.4.0

             GENERAL CONSIDERATIONS AND GUIDELINES

The Canton Police Department is committed to practicing Bias-Free Policing.

Bias-Free Policing:  Definition

Policing decisions made by and conduct of law enforcement officers that shall not consider a
person’s race, ethnicity, sex, gender identity, sexual orientation, religion, mental or physical
disability, immigration status or socioeconomic or professional level.

This definition shall include policing decisions made by or conduct by law enforcement officers
that:
    1.  Are based on law enforcement purpose or reason which is non-discriminatory, or which
         justifies different treatment; or

    2.  Consider a person’s race, ethnicity, sex, gender identity, sexual orientation, religion,
       mental or physical disability, immigration status or socioeconomic or professional level
       because such factors are an element of a crime.

Biased based profiling is the selection of individuals based solely on a common trait of a group.
This includes but is not limited to race, ethnic background, gender, sexual orientation, religion,
economic status, age, cultural group or any other identifiable groups. Department members are
prohibited against all bias based profiling such as, but not limited to, profiling in traffic contacts,
field contacts in addition to asset seizure and forfeiture efforts. 41.4.0 (3)

The Canton Police Department is committed to bias-free policing; protecting the constitutional
and civil rights of all citizens. Allegations of racially or otherwise bias based profiling or
discriminatory practices, real or perceived, are detrimental to the relationship between police and
the communities they protect and serve because they strike at the basic foundation of public trust.
This trust is essential to effective community-based policing. Bias based profiling is illegal and is
an ineffective method of law enforcement. Bias based profiling results in increased safety risks

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to officers and citizens and in the misuse of valuable police resources. Additionally, such
improper methods violate the civil rights of members of the public and may lead to an increased
exposure to liability.

This Department does not endorse, train, teach, support nor condone any type of bias,
stereotyping or racial and gender profiling by Canton Police Department employees. We are
committed to identifying and eliminating any instances of bias based profiling while providing
training and oversight to officers and employees as they perform their duties in a professional,
ethical and impartial manner,

                           POLICY

I.        It is the policy of this department to:

      A.     Provide all people within this community fair and impartial police services
               consistent with constitutional and statutory mandates;

       B.     Assure the highest standard of integrity and ethics among all of our members;

       C.     Respect the diversity and the cultural differences of all people;

      D.    Take positive steps to identify, prevent, and eliminate any instances of racial or
             gender profiling by our members; and

       E.     Continue our commitment to community policing and problem solving, including
              vigorous, lawful and nondiscriminatory traffic enforcement that promotes public
               safety and strengthens public trust, confidence, and awareness.

        F.       It is the policy of this department that, except in suspect specific incidents, police
                officers are prohibited from considering the race, ethnic background, gender,
              sexual orientation, religion, economic status, age, or cultural group of members of
               the public in deciding to detain a person or stop a motor vehicle and in deciding
            upon the scope or substance of any law enforcement action. Officers are also
               prohibited in biased based profiling in asset seizure and forfeiture efforts. 41.4.0

II.    DEFINITIONS

      A.    Racial or Other Profiling - differential treatment by a law enforcement officer
             based on actual or perceived race, color, ethnicity, national origin, immigration
              or citizenship status, religion, gender, gender identity or sexual orientation in
              conducting a law enforcement action, whether intentional or evidenced by
                statistically-significant data showing disparate treatment; provided, however,
                that “racial or other profiling” shall not include the use of such characteristics, in
             combination with other factors, to apprehend a specific suspect based on a
               description that is individualized, timely and reliable.

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B.    Suspect Specific Incident: An incident in which an officer is lawfully attempting
               to detain, apprehend, or otherwise be on the lookout for one or more specific
              suspects who have been identified or described in part by national or ethnic
                origin, gender or race.

       C.    Bias-Free Policing: Policing decisions made by and conduct of law enforcement
                officers that shall not consider a person’s race, ethnicity, sex, gender identity,
              sexual orientation, religion, mental or physical disability, immigrations status or
             socioeconomic or professional level.

             This definition shall include policing decisions made by or conduct of law
             enforcement officer that: (1) are based on a law enforcement purpose or reason
            which is non-discriminatory, or which justifies different treatment; or (2) consider
              a person’s race, ethnicity, sex, gender identity, sexual orientation, religion, mental
              or physical disability, immigration status or socioeconomic or professional level
             because such factors are an element of a crime. 41.4.0 (3)

III.   PROCEDURES

      A.    Prevention of Profiling: To ensure Bias Free Policing, the Canton Police
             Department shall:

                1.      Utilize the Massachusetts Municipal Police Training Committee or other
                        certified training programs to help ensure that all new full-time officers
                      receive training on bias free policing as well as a thorough review of the
                     standards established by this policy. 41.4.0 (2A)

                2.     Ensure all new non-sworn employees will be given initial training in bias-
                       free policing as well as an annual training. 41.4.0 (2A,B)

                3.     Provide all full-time officers with annual training in bias-free policing.
                      41.4.0 (2B)

                4.      Criminal Law In-service training will also include training in the legal
                      aspects of bias-free policing. 41.4.0 (2C)

                5.     Ensure that this policy is disseminated to all officers,

                6.     Train supervisory personnel to monitor police conduct to ensure that
                   employees under their supervision are carrying out the standards of this
                       policy;

                7.      Identify and counsel any employee not adhering to this policy. As a
                       corrective measure, remedial training will be provided. 41.4.0 (2F)

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8. Review and, where appropriate, revise all procedures that involve the stop,
           detention, apprehension or search of individuals to ensure that such
          procedures are in compliance with the provisions of the law and this policy;

        9. Review all performance recognition and evaluation systems, training
            curricula, policies and customs of the department to determine if any practice
          encourages conduct that may support or lead to racially or otherwise biased
          based policing; and

       10. Educate the public, in conjunction with the Executive Office of Public Safety
         and the Registry of Motor Vehicles, on what to expect when either stopped or
           detained by a police officer, as well as police expectations during motor
           vehicle stops or police detainment, to ensure both officer and citizen safety.

       11. Utilize the data and the analysis of that data as a tool to help identify the
           decisions, geographic areas and procedures that should get priority when the
          Department identifies ways to address the problem or perception of bias based
            policing.

B.     Identification of Profiling: To identify instances of racially or otherwise bias
       based profiling, the Canton Police Department shall:

         1.    Have all police officers document in the Department computer system, all
               interactions with motorists, whether this activity is self-initiated or
               dispatched. Data that will be collected will include, but is not limited to,
                race, gender, age, reason for the interaction/stop, and search results (if
               applicable). This data is crucial to not only document our discretionary
               interactions with motorists and citizens, but to show the racial, gender and
               ethnic diversity of the citizens living, driving in and visiting The Town of
             Canton.

        2.      Utilize the Canton Police citizen complaint procedures to document and
               investigate allegations of racial, gender or bias based profiling filed
                directly with the Department or referred through the Executive Office of
              Public Safety's statewide toll free complaint number or notification from
           POST;

        3.      Utilize procedures for the proactive review of performance, complaint and
               other employment information to assist supervisors in identifying and
             modifying potentially problematic behavior and to promote
              professionalism in this department; This includes a periodic review by
               supervisors of the racial, ethnic and gender of the motorists that the
              personnel under their command are interacting with.  If that supervisor has
              a concern that disparity may exist with any member of this Department,
                that supervisor will make a request to a Lieutenant that a more thorough
               analysis be conducted.

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4.    When necessary, direct officers to collect data on race, gender, reason for
               the interaction and subsequent searches in accordance with the protocol
               established by the Secretary of Public Safety; and

        5.    To meet local, community and agency needs, a Superior Officer selected
            by the Chief shall, each fiscal year after the effective date of this policy,
             conduct and document an annual administrative review of agency
               practices and citizen’s concerns either through an analysis of; 41.4.0
             (2D,E)

                       a)  Written complaints made against officers or the agency or via
                      any other formal or informal correspondence;
                      b) An analysis of the appropriate data collected on interactions
                        with motorists; and
                       c)  Forward all findings to the Chief of Police

C.    Enforcement of Profiling Policy: To enforce the provisions of this policy, the
      Canton Police Department shall take the following corrective measures if bias-
       based profiling occurs: 41.4.0 (2F)

        1.     Take appropriate action to address documented patterns of bias based
                profiling;

        2.      Utilize a system of intervention, including re-training and counseling to
              enable or encourage an officer to undertake a voluntary modification of
               his or her conduct or performance.  If necessary, utilize a system of
              progressive discipline to address failures to adhere to this policy; and

        3.     Take appropriate measures to correct any Departmental practice or policy
                that has led to the use of racial or gender or otherwise bias based policing.

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