Prevention of Racial
Profiling
Jim Smith
Montana Sheriffs and Peace
Officers Association
34 West 6th Ave., Ste. 2E
Helena, MT 59601
jimesmith@mt.net
406.443.5669
406.949-1002 - Cell
Funding for Prevention of Racial
Profiling.
National Highway Traffic Safety
Administration (NHTSA); Section 1906.
Montana Department of
Transportation (MDT)
Montana Sheriffs and
Peace Officers
Association (MSPOA)
Montana’s Interest? MDT’s
Interest?
• Basic highway traffic safety. Saving lives &
preventing injuries.
• Equal protection and treatment for all citizens
who travel the Montana highway system.
• Fewer fatal crashes. Fewer serious injuries.
Fewer alcohol related crashes.
• More seat belt usage by all who drive.
• Especially on Reservations & in Indian
Country.
NHTSA, SAFETEA-LU,
Section 1906.
• Montana’s Grant contains components
for:
• Community and communication.
• Training and Education.
• Surveys and Tracking.
• Data collection. Including support for
consistent data collection and reporting
by law enforcement.
Examples
• Assessment, Course & Treatment
(ACT) for drivers convicted of DUI.
• Driver Education Certification courses
on Northern Cheyenne and Crow.
• Selective Traffic Enforcement Program
(STEP) on Salish-Kootenai,Fort Peck,
Fort Belknap & Crow Reservations.
Examples (cont’d)
• Software to retrieve crash related
information from Fort Peck, Rocky
Boys, Crow and Northern Cheyenne.
• Funding for Montana Highway Patrol
(MHP) to develop an integrated solution
for tracking and preventing racial
profiling incidents in Montana.
Examples (cont’d)
• On-going public information and education
programs on the Blackfeet, Fort Peck, Fort
Belknap & Rocky Boys Reservations,
administered by Banik Communications on
behalf of MDT…SOAR (Safe On All Roads)
Coordinators.
• Assist Tribes with equipment needs (PBTs,
Video Cameras, Speed Trailers, etc.).
Examples (cont’d)
• Racial Profiling Prevention Project, thru
MSPOA.
• 2007-2010.
• Community Liaison.
• Outreach, Information, Communication
with Tribal Governments, Sheriffs
Offices, Police Departments.
Presentation Overview
• It begins with beliefs.
• Racial profiling in Montana.
• Highway safety in Indian Country.
• Conclusion.
It Begins with Beliefs
•
•
•
•
Words evoke mental images.
Mental images evoke emotions.
Emotions + Experiences form beliefs.
Examples…english language rich with
emotion-laden words.
• Example…”Montana.’
Montana
Montana
Montana
QuickTime™ and a
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are needed to see this picture.
Montana
Question
• What is the strongest force in the world?
Answer
• The power of human belief.
Agree?
Disagree?
Discuss.
Question
• What is the hardest thing in the world to
change?
Answer
• Our own deeply held beliefs.
• Agree?
Disagree?
Discuss.
Question
• It’s 516 years since 1492. Do you
believe the worst of it--in terms of
relations between the races-- is:
• Behind Native people?
• With Native people now?
• In Front of Native people?
Racial Profiling in Montana
• Good resource = Montana Legislative branch
home page.
• http://leg.mt.gov/css/default.asp
Racial Profiling Defined
• "Racial profiling" means the detention,
official restraint, or other disparate
treatment of an individual solely on the
basis of the racial or ethnic status of the
individual.
• (MCA 44-2-117)
MCA 44-2-117
44-2-117. Racial profiling prohibited -definitions -- policies -- complaints -training. (1) A peace officer may not engage
in racial profiling. (2) The race or ethnicity of
an individual may not be the sole factor in:
(a) determining the existence of probable
cause to take into custody or arrest an
individual; or (b) constituting a particularized
suspicion that an offense has been or is being
committed in order to justify the detention of
an individual or the investigatory stop of a
motor vehicle.
MCA 44-2-117 History
• 2001 Session. House Bill 189.
Sponsored by Rep. William Eggers (HD
6, Crow Agency).
Required data collection on traffic stops.
Died on 3rd Reading in the House.
House Bill 189
• HOUSE BILL NO. 189 INTRODUCED BY B.EGGERS, BIXBY,
GALLUS, GALVIN-HALCRO, GUTSCHE, HALLIGAN, HURDLE,
JUNEAU, KAUFMANN, KITZENBERG, LENHART, PEASE,
SMITH
• A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE
MONTANA HIGHWAY PATROL, SHERIFF'S OFFICES, AND
POLICE DEPARTMENTS TO COLLECT AND REPORT DATA
ON ROUTINE TRAFFIC ENFORCEMENT THAT CAN BE
USED WITH REGARD TO THE ISSUE OF RACIAL
PROFILING; PROVIDING FOR THE USE OF THE
INFORMATION IN LAW ENFORCEMENT TRAINING;
PROVIDING FOR THE VOLUNTARY COLLECTION OF THE
DATA BY LOCAL LAW ENFORCEMENT AGENCIES; AND
PROVIDING AN EFFECTIVE DATE."
MCA 44-2-117 History
• 2003 Session. House Bill 293.
Sponsored by Rep. Frank Smith (SD
16, Poplar)
• Required local and state law
enforcement agencies to adopt a policy
prohibiting racial profiling.
• Passed. Codified at MCA 44-2-117
House Bill 293
•
•
HOUSE BILL NO. 293 INTRODUCED BY SMITH, BIXBY, COONEY,
ELLINGSON, FRANKLIN, HEDGES, JAYNE, JUNEAU, PEASE,
ROUSH, SMALL-EASTMAN, TROPILA, WINDYBOY
AN ACT PROHIBITING RACIAL PROFILING; REQUIRING LAW
ENFORCEMENT AGENCIES TO ADOPT A DETAILED WRITTEN
POLICY THAT CLEARLY DEFINES THE ELEMENTS CONSTITUTING
RACIAL PROFILING AND THAT PROHIBITS RACIAL PROFILING;
REQUIRING THE POLICY TO INCLUDE A PROCEDURE FOR
INVESTIGATING COMPLAINTS OF RACIAL PROFILING;
REQUIRING A LAW ENFORCEMENT AGENCY TO TAKE
APPROPRIATE ACTION AGAINST A PEACE OFFICER VIOLATING
THE POLICY AGAINST RACIAL PROFILING; DEFINING "RACIAL
PROFILING"; AND PROVIDING AN EFFECTIVE DATE.
MCA 44-2-117 History
• 2005 Session. Senate Bill 282. Sponsored
by Senator Frank Smith (SD 16, Poplar)
• Required training of law enforcement
officers in racial profiling and cultural
awareness
Added a complaint procedure to policy.
Passed. Amended MCA 44-2-117.
Senate Bill 282
• SENATE BILL NO. 282 INTRODUCED BY SMITH, CAFERRO,
COCCHIARELLA, COHENOUR, ELLINGSON, GILLAN,
HANSEN, KITZENBERG, MANGAN, PEASE, ROUSH,
SCHMIDT, SMALL-EASTMAN, TESTER, TOOLE, TROPILA,
WILLIAMS, WINDYBOY
• AN ACT REVISING THE LAW PROHIBITING RACIAL
PROFILING; REQUIRING WRITTEN POLICIES AND
COMPLAINT PROCEDURES; REQUIRING TRAINING FOR
LAW ENFORCEMENT OFFICERS; AND AMENDING SECTION
44-2-117, MCA.
MCA 44-2-117 History
• 2007 Session. House Bill 781. Sponsored by
Rep. Jonathan Windy Boy (HD 32, Box
Elder).
• Required data collection on traffic stops by
law enforcement. Requires law enforcement
officers to note the race of individuals stopped
for traffic violations.
• Passed. Amended MCA 44-2-117
House Bill 781
• HOUSE BILL NO. 781 INTRODUCED BY J.WINDY BOY,
AUGARE, BIXBY, CAMPBELL, CORDIER, JAYNE, JUNEAU,
PEASE, SMALL-EASTMAN, SMITH
• AN ACT REQUIRING EACH LAW ENFORCEMENT AGENCY
TO ADOPT A POLICY ON RACE-BASED TRAFFIC STOPS,
INCLUDING THE COLLECTION OF DATA ON RACIAL
PROFILING IN TRAFFIC STOPS; AMENDING SECTION 44-2117, MCA; AND PROVIDING AN EFFECTIVE DATE.
Bottom Line
Requirements of the Law
• Law enforcement agencies must adopt
a policy prohibiting racial profiling--race
based traffic stops-- of ethnic & racial
minorities (African American, Hispanic,
Native American, Asian, Middle Eastern
descent).
Requirements of the Law
(cont’d)
• provides for periodic reviews by the law
enforcement agency and collection of data
that determine whether any peace officers of
the law enforcement agency have a pattern of
stopping members of minority groups for
violations of vehicle laws in a number
disproportionate to the population of minority
groups residing or traveling within the
jurisdiction of the law enforcement agency;
Requirements of the Law
(cont’d)
• Requires Peace Officers to make an
‘educated guess’ or ‘judgment call ‘ as to the
race or ethnicity of anyone stopped for a
traffic violation; and to note the assumed race
or ethnicity of the person on the Traffic
Citation, or through other means.
• Periodic reviews of each officer by his or her
supervisor in order to determine whether or
not there is a pattern of racial profiling by that
officer.
Requirements of the Law
(cont’d
• Each law enforcement agency may provide
for appropriate counseling and training of any
peace officer found to have engaged in racebased traffic stops within 90 days of the
review. The course or courses of instruction
and the guidelines must stress understanding
and respect for racial and cultural differences
and development of effective, noncombative
methods of carrying out law enforcement
duties in a racially and culturally diverse
environment.
Requirements of the Law
(cont’d
• if the review under subsection (3)(b)
reveals a pattern, requires an
investigation to determine whether any
peace officers of the law enforcement
agency routinely stop members of
minority groups for violations of vehicle
laws as a pretext for investigating other
violations of criminal law.
Requirements of the Law
(cont’d
• Training of Peace officers in racial
profiling and cultural awareness.
• Montana Law Enforcement Academy
(MLEA)--four (4) hour block at MLEA
Basic Training.
• MLEA willing to bring class to local law
enforcement agencies on request.
Requirements of the Law
(cont’d
• The policy must include a procedure
that the law enforcement agency will
use to address written complaints
concerning racial profiling. The
complaint procedure must require
that:(i) all written complaints concerning
racial profiling be promptly reviewed; (ii)
a person is designated who shall review
all written complaints of racial profiling;
Requirements of the Law
(complaint--cont’d)
• (iii) the designated person shall, within 10
days of receipt of a written complaint,
acknowledge receipt of the complaint in
writing; and (iv) after a review is completed,
the designated person shall, in writing, inform
the person who submitted the written
complaint and the head of the agency of the
results of the review.
Law Enforcement Survey
April-May, 2008
•
•
•
•
•
50 Police Departments (N=50)
43 have adopted policy per 44-2-117.
43 are collecting data.
40 are getting officers trained.
41 have ordered new citations (MHP’s
E-ticket containing block for race).
Law Enforcement Survey
April-May, 2008
•
•
•
•
•
56 Sheriff’s Officers (N=56).
48 have adopted policy per 44-2-117.
37 are collecting data.
48 are getting officers trained.
36 have ordered new citations (MHP’s
E-ticket containing block for race).
Highway Safety in Indian
Country.
• “Native Americans make up 6.2 percent
of Montana’s population, yet in 2005
they accounted for 13.5 percent of the
State’s fatalities. From 1996 to 2005,
Native Americans comprised from 13.5
to 20.1 percent of the state’s fatalities.”
• Source: MDT Comprehensive Highway
Safety Plan. Sept. 2006.
American Indian Fatalities (2003-2007)
No Seatbelt
Yes
No
Source: MDT: State Highway Traffic Safety Bureau. Traffic Safety Problem Identification. FY 2008
Navtive American Alcohol vs. No Alcohol Fatalities
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decompressor
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Alcohol
No Alcohol
Source: MDT: State Highway Traffic Safety Bureau. Traffic Safety Problem Identification. FY 2008
Alcohol/Drug Related Crashes Comparison
Counties near/on reservations vs. counties away from reservations with similar populations
County
Population (2005) Alcohol/Drug Related Crashes
%
Big Horn
13,005
35
19.6%
Fergus
11,539
12
8.0%
Glacier
13,508
66
22.7%
Custer
11,454
6
7.6%
Roosevelt
10,600
45
23.1%
Sanders
10,945
44
18.2%
Jefferson
10,857
30
9.0%
Lake
27,919
109
18.9%
Silver Bow
33,093
34
7.5
Source: MDT: State Highway Traffic Safety Bureau. Traffic Safety Problem Identification. FY 2008
Alcohol/Drug Related Crashes Comparison, continued
Counties near/on reservations vs. counties away from reservations with similar populations
County
Population (2005) Alcohol/Drug Related Crashes
%
Blaine
6,668
23
25.0%
Teton
6,283
2
8.5.%
Hill
16,376
26
13.3%
Park
15,791
14
9.6%
Rosebud
9,270
8
7.3%
Carbon
9,755
25
14.0%
Richland
9,112
23
12.5%
Deer Lodge
9,088
11
11.0%
Source: MDT: State Highway Traffic Safety Bureau. Traffic Safety Problem Identification. FY 2008
Precent alcohol/drug related crashes in
counties with comparible populations
25%
23%
23%
30%
25%
20%
19%
8%
8%
9%
20%
8%
13%
10%
6%
14%
7%
15%
10%
5%
Ro
se
b
C a ud
rb
on
Hi
l
Pa l
rk
Bl
ai
n
Te e
to
n
S i La
lve ke
rB
ow
Ro
os
Je eve
ffe lt
rs
on
Gl
ac
Cu ier
st
er
Bi
g
Ho
Fe rn
rg
us
0%
Source: MDT: State Highway Traffic Safety Bureau. Traffic Safety Problem Identification. FY 2008
Source: MDT: State Highway Traffic Safety Bureau. Traffic Safety Problem Identification. FY 2008
Conclusion
• Eliminate racial profiling where it is found to
be happening.
• Eliminate the perception of racial profiling if it
is not happening.
• Through compliance with MCA 44-2-117.
• Why?
Why?
• So that law enforcement and Indian
people can work together on other
issues:
• Highway Traffic Safety issues…like:
• Primary Seat Belt Law.
• Cross Deputization Agreements.
• Information Sharing.
Steps? Next Steps ??
Thanks
Jim Smith, MSPOA
34 West 6th Ave., Ste. 2E
Helena, MT 59601
jimesmith@mt.net
406.443.5669
406.949-1002 - Cell
www.mspoa.org