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1 1 (June 11, 2020)

handle is hein.crs/govdcxw0001 and id is 1 raw text is: June 11, 2020 Police Accountability Measures A series of high-profile deaths of people of color at the hands of law enforcement personnel have generated inteest among policymakers about what steps could be taken to promote police accountability. In the wake ofthesehigh- profile deaths, policymakers have shown increased interest in considering legislation that would promote police accountability for the use ofexcessive force. The 21st Century Policing Task Force (Task Force), establishedby Executive Order 13684 in 2015 in responseto anumberof serious incidents between law enforcement and members of the commrnunities they serve, reconmended a series of actions that would help law enforcement agencies es tablish a culture of transparency and accountability in order to build public trust and legitimacy. This In Focus provides an overview of some frequently proposed measures, many of which were recommended by the Task Force, that policymakers could consider if they move forward with legislation to promote accountability in policing. Collecting and analyzing data on the use of force by police officers may enhance transparency, improve police- connnunity relations, and promote accountability. The Department of Justice (DOJ) is currently collecting dataon arrest-related deaths through implementation of the Death in Custody Reporting Act of 2013 (DCRA, P.L. 113-242). The act requires states to submit datato DOJ regarding the death of any person who is detained; under arrest; in the process of being arrested;en route to be incarcerated; or incarcerated at a municipal or county jail, a state prison, a state-run bootcamp prison, a boot camp prisonthatis contracted outby the state, any state or local contract facility, or any other localor state correctional facility (including juvenile facilities). States face up to a 10% reductionin their funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) programif they do not participate in this effort. The Federal Bureau of Investigation (FBI) is also collecting data on use of force incidents that result in the death or serious bodily injury ofapersonor when a police officer dis charges a firearm at or in the direction of a pers on. The FBI launched theprogramon January 1, 2019, but has yet to release any data collected through it. While the FBI is working with other national law enforcement organizations to encouragelaw enforcement agencies to submit data, participation in the programis voluntary. The Office of the Inspector General (OIG) for DOJ believes that data collected under these two pro grams are duplicative. The OIG h as also raised concerns that the methodologyusedby DOJ to collect DCRA data might undercount arres t-related deaths because it relies on states to collect and report thesedataandtheymight notbe aware of all applicable deaths that occur in the state. Ezxce ,ssive Force Concerns about whether law enforcement agencies and localpros ecutors can properly investigate allegations of the u s e of exces s ive force by their own officers have generated calls for mechanisms for independent investigations of these cases. The Task Force recommended that law enforcement agencies haveuseofforce policies thatinclude a mandate for the independent investigation of allegations of use of force by police officers thatresult in death,police- involved shootings resulting in injury or death, and in- custody deaths. The Task Force recommended that jurisdictions either create a rmulti-agency investigatory body comprised of state and local investig ators or establish laws or policies for referring investigations to neighboring jurisdictions orto thenext highest levels ofgovernmntas a means of promoting independent investigations of police use of force. A former member of the Los Angeles Inspector General's Office, in a April2015 commentary forthe HarvardLaw Review, argued for legislatures to establish independent agencies that would investigate allegations of the use of excessive force. He argues that for these agencies to be effective, they must have the ability to investigate potential criminal wrongdoing by police officers and to make recommendations that are then evaluated by special prosecutors. He says these agencies should be open and transparent, and independent of other law enforcement agencies, buthave unrestricted access to police officers and agency records. He also argues thatthe agencies mustbe adequately funded, have thepower to issue subpoenas and conduct search warrants, and ahave well-defined jurisdictions and mandates. vwlyWrdh S >ystenn Early warning systems (EWSs) are management tools for identifying police officers with possible behavioral problems before theyslip throughthe cracks. EWSs have three key components: (1) identifying officers whose behavior appears problematic; (2) intervening, through counseling or training, to correct the problematic behavior; and (3) following up with the officer who is the subjectof an intervention. EWSs are notmeant to punishofficers for mis conduct, but rather to allow for pro active management and administrative interventions-such as training, counseling by supervisors, or referral to professional counselors-before serious problems arise. According to DOJ, EWSs are common features of consentdecrees that the department enters into with law enforcement agencies to reform their policing practices. A A '2 xa S 1,k yg

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