State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-21-2 > 31-21-2-6

SECTION 31-21.2-6

   § 31-21.2-6  Continued data collection.– (a) The Rhode Island Justice Commission is authorized to and shall conduct astudy of routine traffic stops by the Rhode Island State Police and eachmunicipal police department in order to determine whether racial profiling isoccurring, and to examine whether searches of vehicles and motorists are beingconducted in a disparate manner.

   (b) The Rhode Island Justice Commission shall, not later thanforty-five (45) days after enactment of this act, develop a form to be used byeach police officer when making a traffic stop to record the data requiredunder this chapter, which form shall include the information listed in §31-21.1-4.

   (c) The Rhode Island Justice Commission shall advise theRhode Island State Police and each municipal police department of the date thatdata collection shall commence. Data collection shall begin not later thanOctober 1, 2004, but may begin prior to that time upon notification to policedepartments from the Rhode Island Justice Commission.

   (d) A traffic stop data collection card shall be completedfor each routine traffic stop by the Rhode Island State Police and municipalpolice department during the term of this study.

   (e) Upon commencement of data collection, and monthlythereafter, each municipal police department and the Rhode Island State Policeshall transmit to the Rhode Island Justice Commission all forms collected todate of motorists who were stopped, and any other information the policedepartment or the Rhode Island State Police deem appropriate. Data collectionshall continue for twelve (12) months following commencement of data collection.

   (f) Appropriate funding shall be made available to implementthe provision of this chapter, and completion of this study shall be contingentupon such funding.

   (g) The study shall include a multivariate analysis of thecollected data in accordance with general statistical standards, and shall besubstantially similar to the study prepared pursuant to chapter 21.1 of thistitle. The study shall be prepared by an organization, company, person or otherentity with sufficient expertise in the field of statistics and the study oftraffic stop data collection to assist with the implementation of this chapter,and chosen by the Rhode Island Justice Commission. The study shall be releasednot later than eighteen (18) months after commencement of data collection underthis chapter. The report, findings and conclusions submitted pursuant to thissubsection shall be a public record.

   (h) The Rhode Island Justice Commission shall be exempt fromthe provisions of chapter 2 of title 37 in connection with its procurement ofequipment and services necessary to the implementation of this chapter.

   (i) On a quarterly basis a summary report of the monthly dataprovided by each police department and the state police for that quarterlyperiod shall be issued. The report shall be a public record. The summary reportshall include a monthly breakdown by race for each police department of thenumber of traffic stops made and of searches conducted, and any otherinformation deemed appropriate by the Rhode Island Justice Commission. Thereport shall be released not more than ninety (90) days after the end of eachquarterly period. No information revealing the identity of any individual shallbe contained in the report.

   (j) Every law enforcement agency collecting data pursuant tothis chapter shall ensure that supervisory personnel review each officer's stopand search documentation and data results on a weekly basis to ensurecompliance with all policies, prohibitions and documentation requirements.

   (k) The head of every law enforcement agency subject to thischapter, or his or her designee, shall review the data on a regular basis in aneffort to determine whether any racial disparities in the agency's trafficstops enforcement exists, and to appropriately respond to any such disparities.

   (l) An organization chartered for the purpose of combatingdiscrimination, racism, or of safeguarding civil liberties, or of promotingfull, free, or equal employment opportunities, and/or the Rhode Island JusticeCommission may seek appropriate relief in a civil action against any policedepartment for failing to collect or transmit the data required in thischapter, and may be awarded its costs, including attorneys' fees, for bringingsuch an action. As a condition precedent to the filing of a civil action by anorganization under this section, the organization shall send a notice to theRhode Island Justice Commission identifying the police department which isfailing to collect or transmit the data and the organization shall then allowfifteen (15) days to elapse.

   (m) The Rhode Island Justice Commission shall consult withcommunity, police and civil rights representatives, as the executive directordeems appropriate, in the development of the form required by subsection (b)and on other issues that arise relating to the implementation and enforcementof this chapter.

State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-21-2 > 31-21-2-6

SECTION 31-21.2-6

   § 31-21.2-6  Continued data collection.– (a) The Rhode Island Justice Commission is authorized to and shall conduct astudy of routine traffic stops by the Rhode Island State Police and eachmunicipal police department in order to determine whether racial profiling isoccurring, and to examine whether searches of vehicles and motorists are beingconducted in a disparate manner.

   (b) The Rhode Island Justice Commission shall, not later thanforty-five (45) days after enactment of this act, develop a form to be used byeach police officer when making a traffic stop to record the data requiredunder this chapter, which form shall include the information listed in §31-21.1-4.

   (c) The Rhode Island Justice Commission shall advise theRhode Island State Police and each municipal police department of the date thatdata collection shall commence. Data collection shall begin not later thanOctober 1, 2004, but may begin prior to that time upon notification to policedepartments from the Rhode Island Justice Commission.

   (d) A traffic stop data collection card shall be completedfor each routine traffic stop by the Rhode Island State Police and municipalpolice department during the term of this study.

   (e) Upon commencement of data collection, and monthlythereafter, each municipal police department and the Rhode Island State Policeshall transmit to the Rhode Island Justice Commission all forms collected todate of motorists who were stopped, and any other information the policedepartment or the Rhode Island State Police deem appropriate. Data collectionshall continue for twelve (12) months following commencement of data collection.

   (f) Appropriate funding shall be made available to implementthe provision of this chapter, and completion of this study shall be contingentupon such funding.

   (g) The study shall include a multivariate analysis of thecollected data in accordance with general statistical standards, and shall besubstantially similar to the study prepared pursuant to chapter 21.1 of thistitle. The study shall be prepared by an organization, company, person or otherentity with sufficient expertise in the field of statistics and the study oftraffic stop data collection to assist with the implementation of this chapter,and chosen by the Rhode Island Justice Commission. The study shall be releasednot later than eighteen (18) months after commencement of data collection underthis chapter. The report, findings and conclusions submitted pursuant to thissubsection shall be a public record.

   (h) The Rhode Island Justice Commission shall be exempt fromthe provisions of chapter 2 of title 37 in connection with its procurement ofequipment and services necessary to the implementation of this chapter.

   (i) On a quarterly basis a summary report of the monthly dataprovided by each police department and the state police for that quarterlyperiod shall be issued. The report shall be a public record. The summary reportshall include a monthly breakdown by race for each police department of thenumber of traffic stops made and of searches conducted, and any otherinformation deemed appropriate by the Rhode Island Justice Commission. Thereport shall be released not more than ninety (90) days after the end of eachquarterly period. No information revealing the identity of any individual shallbe contained in the report.

   (j) Every law enforcement agency collecting data pursuant tothis chapter shall ensure that supervisory personnel review each officer's stopand search documentation and data results on a weekly basis to ensurecompliance with all policies, prohibitions and documentation requirements.

   (k) The head of every law enforcement agency subject to thischapter, or his or her designee, shall review the data on a regular basis in aneffort to determine whether any racial disparities in the agency's trafficstops enforcement exists, and to appropriately respond to any such disparities.

   (l) An organization chartered for the purpose of combatingdiscrimination, racism, or of safeguarding civil liberties, or of promotingfull, free, or equal employment opportunities, and/or the Rhode Island JusticeCommission may seek appropriate relief in a civil action against any policedepartment for failing to collect or transmit the data required in thischapter, and may be awarded its costs, including attorneys' fees, for bringingsuch an action. As a condition precedent to the filing of a civil action by anorganization under this section, the organization shall send a notice to theRhode Island Justice Commission identifying the police department which isfailing to collect or transmit the data and the organization shall then allowfifteen (15) days to elapse.

   (m) The Rhode Island Justice Commission shall consult withcommunity, police and civil rights representatives, as the executive directordeems appropriate, in the development of the form required by subsection (b)and on other issues that arise relating to the implementation and enforcementof this chapter.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-21-2 > 31-21-2-6

SECTION 31-21.2-6

   § 31-21.2-6  Continued data collection.– (a) The Rhode Island Justice Commission is authorized to and shall conduct astudy of routine traffic stops by the Rhode Island State Police and eachmunicipal police department in order to determine whether racial profiling isoccurring, and to examine whether searches of vehicles and motorists are beingconducted in a disparate manner.

   (b) The Rhode Island Justice Commission shall, not later thanforty-five (45) days after enactment of this act, develop a form to be used byeach police officer when making a traffic stop to record the data requiredunder this chapter, which form shall include the information listed in §31-21.1-4.

   (c) The Rhode Island Justice Commission shall advise theRhode Island State Police and each municipal police department of the date thatdata collection shall commence. Data collection shall begin not later thanOctober 1, 2004, but may begin prior to that time upon notification to policedepartments from the Rhode Island Justice Commission.

   (d) A traffic stop data collection card shall be completedfor each routine traffic stop by the Rhode Island State Police and municipalpolice department during the term of this study.

   (e) Upon commencement of data collection, and monthlythereafter, each municipal police department and the Rhode Island State Policeshall transmit to the Rhode Island Justice Commission all forms collected todate of motorists who were stopped, and any other information the policedepartment or the Rhode Island State Police deem appropriate. Data collectionshall continue for twelve (12) months following commencement of data collection.

   (f) Appropriate funding shall be made available to implementthe provision of this chapter, and completion of this study shall be contingentupon such funding.

   (g) The study shall include a multivariate analysis of thecollected data in accordance with general statistical standards, and shall besubstantially similar to the study prepared pursuant to chapter 21.1 of thistitle. The study shall be prepared by an organization, company, person or otherentity with sufficient expertise in the field of statistics and the study oftraffic stop data collection to assist with the implementation of this chapter,and chosen by the Rhode Island Justice Commission. The study shall be releasednot later than eighteen (18) months after commencement of data collection underthis chapter. The report, findings and conclusions submitted pursuant to thissubsection shall be a public record.

   (h) The Rhode Island Justice Commission shall be exempt fromthe provisions of chapter 2 of title 37 in connection with its procurement ofequipment and services necessary to the implementation of this chapter.

   (i) On a quarterly basis a summary report of the monthly dataprovided by each police department and the state police for that quarterlyperiod shall be issued. The report shall be a public record. The summary reportshall include a monthly breakdown by race for each police department of thenumber of traffic stops made and of searches conducted, and any otherinformation deemed appropriate by the Rhode Island Justice Commission. Thereport shall be released not more than ninety (90) days after the end of eachquarterly period. No information revealing the identity of any individual shallbe contained in the report.

   (j) Every law enforcement agency collecting data pursuant tothis chapter shall ensure that supervisory personnel review each officer's stopand search documentation and data results on a weekly basis to ensurecompliance with all policies, prohibitions and documentation requirements.

   (k) The head of every law enforcement agency subject to thischapter, or his or her designee, shall review the data on a regular basis in aneffort to determine whether any racial disparities in the agency's trafficstops enforcement exists, and to appropriately respond to any such disparities.

   (l) An organization chartered for the purpose of combatingdiscrimination, racism, or of safeguarding civil liberties, or of promotingfull, free, or equal employment opportunities, and/or the Rhode Island JusticeCommission may seek appropriate relief in a civil action against any policedepartment for failing to collect or transmit the data required in thischapter, and may be awarded its costs, including attorneys' fees, for bringingsuch an action. As a condition precedent to the filing of a civil action by anorganization under this section, the organization shall send a notice to theRhode Island Justice Commission identifying the police department which isfailing to collect or transmit the data and the organization shall then allowfifteen (15) days to elapse.

   (m) The Rhode Island Justice Commission shall consult withcommunity, police and civil rights representatives, as the executive directordeems appropriate, in the development of the form required by subsection (b)and on other issues that arise relating to the implementation and enforcementof this chapter.