§ 22-4610 — Law enforcement policies preempting profiling, requirements; annual training required; community advisory boards; annual reports of complaints

Kansas § 22-4610

• Jurisdiction: Kansas
• Ch. 22: CRIMINAL PROCEDURE
• Art. 46: GENERAL PROVISIONS

Text

(a) All law enforcement agencies in this state shall adopt a detailed, written policy to preempt racial or other biased-based policing. Each agency's policy shall include the definition of racial or other biased-based policing found in K.S.A. 22-4606, and amendments thereto.
(b) Policies adopted pursuant to this section shall be implemented by all Kansas law enforcement agencies within one year after the effective date of this act. The policies and data collection procedures shall be available for public inspection during normal business hours.
(c) The policies adopted pursuant to this section shall include, but not be limited to, the following:
(1) A detailed written policy that prohibits racial or other biased-based policing and that clearly defines acts constituting racial or other biased-based policing using language that has been recommended by the attorney general.
(2) (A) The agency policies shall require annual racial or other biased-based policing training which shall include, but not be limited to, training relevant to racial or other biased-based policing. Distance learning training technology shall be allowed for racial or other biased-based policing training.
(B) Law enforcement agencies may appoint an advisory body of not less than five persons composed of representatives of law enforcement, community leaders and educational leaders to recommend and review appropriate training curricula.
(3) (A) For law enforcement agencies of cities or counties that have exercised the option to establish community advisory boards pursuant to K.S.A. 22-4611b, and amendments thereto, use of such community advisory boards which include participants who reflect the racial and ethnic community, to advise and assist in policy development, education and community outreach and communications related to racial or other biased-based policing by law enforcement officers and agencies.
(B) Community advisory boards shall receive training on fair and impartial policing and comprehensive plans for law enforcement agencies.
(4) Policies for discipline of law enforcement officers who engage in racial or other biased-based policing.
(5) A provision that, if the investigation of a complaint of racial or other biased-based policing reveals the officer was in direct violation of the law enforcement agency's written policies regarding racial or other biased-based policing, the employing law enforcement agency shall take appropriate action consistent with applicable laws, rules and regulations, resolutions, ordinances or policies, including demerits, suspension or removal of the officer from the agency.
(6) Provisions for community outreach and communications efforts to inform the public of the individual's right to file with the law enforcement agency or the office of the attorney general complaints regarding racial or other biased-based policing, which outreach and communications to the community shall include ongoing efforts to notify the public of the law enforcement agency's complaint process.
(7) Procedures for individuals to file complaints of racial or other biased-based policing with the agency, which, if appropriate, may provide for use of current procedures for addressing such complaints.
(d) (1) Each law enforcement agency shall compile an annual report for the period of July 1 to June 30 and shall submit the report on or before July 31 to the office of the attorney general for review. Annual reports filed pursuant to this subsection shall be open public records and shall be posted on the official website of the attorney general.
(2) The annual report shall include:
(A) The number of racial or other biased-based policing complaints received;
(B) the date each racial or other biased-based policing complaint is filed;
(C) action taken in response to each racial or other biased-based policing complaint;
(D) the disposition of each racial or other biased-based policing complaint;
(E) the date each racial or other biased-based policing complaint is closed;
(F) whether or not all agency law enforcement officers not exempted by Kansas commission on peace officers' standards and training received the training required in subsection (c)(2)(A);
(G) whether the agency has a policy prohibiting racial or other biased-based policing;
(H) whether the agency policy mandates specific discipline for sustained complaints of racial or other biased-based policing;
(I) whether the agency has a community advisory board; and
(J) whether the agency has a racial or other biased-based policing comprehensive plan or if it collects traffic or pedestrian stop data.

Legislative History

L. 2005, ch. 159, § 5; L. 2011, ch. 94, § 3; May 26.