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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

CHAPTER 2017?13

Np). 272 AN ORDINANCE IN AMENDMENT OF CHAPTER IS 1/2 OF THE CODE
OF ORDINANCES OF THE CITY OF PROVIDENCE ENTITLED
ADDING SECTION 18 1/2?4, COMMUNITY-
POLICE RELATIONS 

Approved June 6, 2017
Be 22? ordained by the City of Providence:

 

1: An ordinance amending Chapter 18 1/2, ?Police,? of the Code of Ordinances: 'of the

City of Providence, to add a new section entitled ?Providence Community?Police Relations Act.?
See. 18 V2.4 Providence Community-Police Relations Act.

De?nitions.

For the purposes of this section, the following terms shall be de?ned as follows:

 

(1)Rocial and other forms of disciriminarorypro?ling is de?ned as the reliance on race,
ethnicity, color, national origin, use of a foreign language, gender, gender identity; and/or
expression, sexual orientation, political af?liation, religion, housing status, physical or

mental disability, or serious medical condition as a basis, in whole or in part, for
suspecting that a person has committed or is about to commit a crime or is about to
commit a crime, unless the of?cer?s decision is based on a Speci?c and reliable suspect
description as well.
(2) Law enforcement officer, or police o?icer means any member of the Providence
Police Department, duly sworn and vested with police power.

(3) Electronic Data Collection means a report produced from computer?aided dispatch

 

(CAD), electronic documentation, or any other police-generated report, in accordance
with RIGL and shall include all the following information:

i) The date, time and general location of the stop;

ii) The race or ethnicity, gender, and approximate age of the individual(s)

stopped; provided that the identi?cation of these characteristics shall be based on
the observation and perception of the police of?cer making the stop and the
information shall not be requested of the person(s) stopped;

In the law enforcement of?cer?s own words, the reasonable suspicion and/or

 

probable cause, if such. exists, giving rise to the stop;

iv) ?rhether a-search was executed as a result of the stop;
v) The scope of any search conducted; .
vi) Whether the search was conducted pursuant to probable cause andlor

reasonable suspicion, and what the probable cause and/or reasonable suspicion

prompting the search was in the of?cer?s own words;

 

 

 

 

vii) Whether any contraband, including money, was seized in the course of the

search, and if so, the nature of the contraband; 5

Whether any warning or citation was issued as a result of the stop; .

ix) Whether an arrest was made as a result of either the stop or the search-g5

x) The approximate duration of the stop; and 5

xi) The federal identi?cation number of the of?cer. .
(4) Investigatory Activity means any traf?c stop, pedestrian stop, interview, interrhgation,
detention, frisk, pat?down, Terry frisk, Terry pat-down, or any search of a person or
property.

(5) Limited English Pro?cient Individual means any person whose primary langiiage is
not English and/or who does not have the ability to adequately understand or
communicate effectively in English. .

(6) Quali?ed Interpreter means an individual who is able to interpret simultaneouisly and
consecutively and sight translate from English into a foreign language and from 
language into English, in accordance with R1 General Laws ?8~19?2.

(7) Transgender is an umbrella term that describes individuals whose gender identity is

different from their assigned sex at birth.

Prohibition on racial and other forms of discriminatory pro?ling. .
When conducting any investigatory activity, law enforcement shall not rely on race, ethnicity,
color, national origin, use of a foreign language, limited English pro?ciency, gender, genider
identity and/or expression, sexual orientation, political af?liation, religion, housing status:
physical or mental disability, or serious medical condition as a basis, in whole or in part, for
suspecting that a person has committed or is_ab0ut to commit a crime, unless the of?cer?s:
derision is based on a speci?c and reliable suSpect description that includes not just thesd

characteristics, but other identifying characteristics or information as well.

Documentation.

(1) Electronic Data Collection Report 5
i) An of?cer completing an Electronic Data Collection Report shall record the
information identi?ed in subsection (3) of this ordinance.
ii) The Providence Police Department shall establish policies clearly outlining the
de?nition of ?stop? and shall require the completion of an Electronic Data;
Collection Report the completion of all stops. Said policies shall be publid
documents and shall be made available on the Police Department website? The
Providence External Review Authority shall be noti?ed of any changes toithis
policy and shall have the power to review and make recommendations for;
improving the policy.
The subject of a traf?c or pedestrian stop shall be able to request and deceive,
at the police station, a physical copy of the report which includes all of data
elements identi?ed in subsection within (72) hours of the stop. 2

 

 

 

 

iv) No later than one (1) year after the passage of this ordinance, it shall be
required that, at every stop, the officer shall provide the subject with inforination
regarding the stop including a reference number to access their report, the
officer?s federal identi?cation number, and the contact information for thei
Providence External Review Authority. 5
(2) Video and Audio Recording .
i) The Providence Police Department shall adopt written policies regarding the
use of video and/or audio recording devices such as, but not limited to, daishboard
cameras, body cameras, and digital audio recorders, should the Departmerit utilize
these devices. These policies shall be public records and shall include, without
limitation, the following standards:
1. Standards setting forth when the device is required to be activated. and
when the device must not be activated.
2. The subject of a stop shall be advised by the officer that the encciaunter is
being recorded when practicable and consistent with ensuring offiCcr
safety and the safety of others.
3. A chain of custody record of the recordings shall be maintained;
4. Once a video/audio recording of a stop has been preserved by the Police
Department for further investigation beyond the minimum retentioii period
established by policy, the subject of said stop shall be noti?ed by the
Police Department of this action and shall be informed that they, and or
their legal counsel, shall have the right to request to view and lister?i to the
recording involving them at a reasonable time and location within ien (10)
business days of the request provided that such notification does net
adversely impact imminent law enforcement action.
5. The policy shall establish a minimum period of retention for such
recordings of no less than sixty (60) days, and procedures to ensure that
the recording equipment is in proper working order, and shall bar the
destruction of any recording related to an incident that is the subjecit of a
pending complaint, misconduct investigation or civil or criminal
proceeding. Such recordings shall be retained for a minimum of teh (10)
days after the ?nal resolution of such investigation or proceeding,
including the time for any appeal;
6. The policy shall explicitly prohibit any violation of these requirements,
including any attempts to disengage or tamper with the video/audit?)
surveillance equipmentor to otherwise fail to record stops as speci?ed in
the policy;
ii) While on duty and in interactions with the public, police shall be prohiliited

from using personal audio or video recording devices. Only devices subje?t to the

policy outlined above shall be permitted.

 

 

 

 

Police shall not interfere with harass, demand identi?cation from, or
otherwise intimidate members of the public making video or audio recordings of
police activity in any place the individual who is recording has a legal rigiit to be
present. Law enforcement of?cers shall not intentionally block or obstruct?
cameras or other recording devices. Law enforcement of?cers shall not da?mage or
destroy recording devices or cameras, and deleting and/or altering recordings or
photographs under any cirCumstances shall be prohibited. However, nothing
contained within this section shall limit the ability of an of?cer to take app?ropriate
action, if the actions of those recording interfere with the of?cer?s of?cial iduties
or with the safety of the officer or others. i
Traf?c St0ps .
(1) Prior to asking the subject of a vehicle stop for their license, a law enforcemenft
of?cer must, when practicable and consistent with ensuring of?cer safety or the sziafety of
others, describe to the subject the suspected violation that prompted the step.
(2) No operator of a motor vehicle shall be requested to provide any documentatidn or
identi?cation other than a driver's license or a form of identi?cation listed in subs?ection
motor vehicle registration, and/or proof of insurance when the motor vehicle has
been stopped solely for a traf?c violation, unless there exists reasonable suspiciori and/or
probable cause of criminal activity, or the Operator has failed to produce a valid diiver's
license, or the particular type of vehicle stopped requires other types of documentation
speci?ed under Title 31 of the R1. Gen. Laws or under Federal Law.

(3) No passenger of a motor vehicle shall be requested to provide identi?cation or any
other documentation by a law enforcement of?cer when the motor vehicle has be?n
stopped solely for a traf?c violation, unless there exists reasonable suSpicion and/or
probable cause of criminal activity.

(4) Unless there exists reasonable suspicion and/or probable cause of criminal activity,
no motor vehicle stopped for a traf?c violation shall be detained beyond the time heeded
to address the violation.

(5) When an individual is cited for driving without a valid license under ?3 -l l-lSH
18.lof the RI. General Laws and this constitutes the only criminal charge resultirig from
the traf?c stop, the individual may be issued a court summons but may not be 
provided that the individual can show identi?cation including alternative forms of
identi?cation as described in subsection However, in accordance with ?3l-?l l-
18.1(a) of the RI. General Laws nothing in this section shall prohibit the arrest of an
individuals cited for driving when their license to operate is suspended, revoked, or
cancelled for:

operating under the in?uence of a narcotic drug or intoxicating liquor;
(ii) refusing to submit to a chemical test; reckless driving; I 2
manslaughter from the operation of a motor vehicle or operating so as to
endanger resulting in death; or a

(iv) three (3) moving violations within a one-year period.

 

 

 

   

 Searches

(1) Any individual requested to consent to a search by a law enforcement of?cer of their

 

motor vehicle, person, or belongings shall be informed by the of?cer of their righi to
refuse consent to the search. An individual?s choice not to consent to a search shall not be

deemed reasonable suspicion to conduct a search.

(2) When practicable and consistent with ensuring of?cer safety or the safety of others,
searches shall be performed by an of?cer of the same gender identity as the individual
being searched. If an officer of the individual?s gender identity is not present at the time,
one will be called to the scene as soon as possible so as not to unnecessarily delay; the
time required to perform the search. Individuals who identify as trans gender or gegnder
non-conforming have the right to indicate their preference to be searched by eithei? a male
or female of?cer. If the individual's gender request can be reasonably and expeditiously
accommodated without risk to of?cer safety, the request should be granted. The
Providence Police Department shall develop and maintain policies and protocols for how
of?cers shall conduct searches of trans gender and gender non?conforming individuals.
Said policies shall be public documents, available on the Police Department website, and

shall be subject to review by the Providence External Review Authority.

Surveillance and Privacy

(1) Providence Police Department shall not engage in targeted electronic surveillaince to I

 

collect or retain information about the lawful activities of targeted individuals or groups
without reasonable suspicion that such activities relate to criminal activity or a judicial
warrant Speci?c to the time, place, and target of such surveillance.

(2) Police may not engage in an undercover capacity with groups in non-public pliaces
based solely on those groups? participation in First Amendment protected activiti?s.

(3) Police may not consider an individual?s lack of proof of identi?cation or failui'e to
respond to a request for identifying information as probable cause or reasonable suspicion
of criminal activity, unless the police have a lawful reason to require identi?catioii.

(4) When attempting to determine the identity of a person appearing to be under e1 ghteen

(l 8) years of age, police or their representatives must accept any statement of thaf youth

 

that they do not have any form of identi?cation in their possession and may not reipeat a
request for the same form of identi?cation once a juvenile has stated that they do hot
have that form of identi?cation. I

(5) Police may not photograph individuals con?rmed to be under eighteen (18) years of

 

age or, in the event that age identi?cation cannot be con?rmed, individuals who appear to
be under eighteen (18) years of age, in accordance with subsection except:

i) As part of formal booking procedures

ii) To document evidence of a crime;

When there is reasonable suspicion and/or probable cause to believe tliat the

juvenile is engaged in criminal activity;

 

 

 

 

iv) Pursuant to a court order;

v) During large scale public events; 
vi)Via video or audio recording equipment used in compliance with subsebtion
(arts); or

(vii) For the speci?c purpose of documenting injury sustained by the juvenile.

However any photographs taken of juveniles shall be destroyed within ninety (90) days,
unless otherwise prohibited by law, or unless a Speci?c investigation pertaining to the
juvenile remains open or speci?c charges against the juvenile have been ?led andia case
remains pending against the juvenile. 
(6) Police may not inquire about an individual?s immigration status. .
(7) Any valid identi?cation issued by a foreign government including but not limited to
consular identi?cation, foreign driver's license, or passport, shall be considered
acceptable identi?cation to the same extent as identi?cation issued by a domestic
government agency.
(8) No police of?cer shall identify any individual as a member of a gang in any list or
database maintained by any law enforcement agency, nor in any reports, memorariida or
other document, unless the individual meets the criteria for inclusion on a ?gang
list? or ?gang database.? No Police Department of?cial authorized to enter infonriation
into the gang database shall identify any individual as a gang member in written niotes
unless the individual meet the criteria for inclusion on the so?called ?gang list? ori?gang
database. The list of criteria used to determine inclusion on the ?gang list? or ?garig
database? shall be public information, shall be subject to review by the Provideneie
External Review Authority, and shall not include:
i) Association with other people identi?ed as gang members or any substafntially
equivalent factor;
ii) Race;
Location of domicile; nor
iv) Location of encounter.
(9) Gang list/database noti?cation. i
Any individual shall have the ability to inquire whether he or she has bieen
included on a ?gang list? or ?gang database.? If such disclosure does not
adversely impact imminent law enforcement action, the individual shall be
informed if he or she is in the database by written notice no later than ten (10)
business days after the inquiry is received. Additionally, the written noticd shall
explain the right to appeal and the process to appeal the individual?s incluiion on
the ?gang list? or ?gang database? as prescribed in this ordinance. The fac?i that an
individual inquired about their inclusion on the ?gang list? or ?gang database?
shall not be considered evidence that the individual is a member or associaite of a

gang, nor shall it be included in the criteria for inclusion on the ?gang list?? or

?gang database.?

 

 

 

 

 

 

(ii) Prior to adding any individual under eighteen (18) years of age to the 
list? or ?gang database,? the Providence Police Department shall provide written
notice, pursuant to the aforementioned policies, of the designation and theibasis
for the designation by. notarized letter delivered via certi?ed mail to the pegrson
and their parent or guardian, unless such disclosure would adversely impaitt
imminent law enforcement action,. Additionally, the written notice shall eicplain
the right to appeal and the process to appeal the individual?s inclusion on the
?gang list? or? ?gang database? as prescribed 1n this ordinance
The Police Department shall establish policies governing the of the
requests and noti?cations set forth 1n and and for ensuring the safety
of the individuals noti?ed. Such policies shall be public documents, availaible on
the Police Department website, and subject to review by the Providence Eirternal

Review Authority.

(10) Gang list/ gang database appeals. 
The Police Department shall establish policies allowing for the adminiasgtrative
removal of individuals from the gang list or gang database in the event that an
individual and the Police Department mutually agree that said individual was
added to the gang list or gang database in error. Such policies shall be public
documents, available on the Police Department website, and subject to review by
the Providence External Review Authority.
(ii) Upon request, an individual whose name has been included on a gang. list or
gang database may challenge that designation through a formal appeal to the
Providence External Review Authority. A hearing shall be scheduled witliin
thirty (30) days at which the Police Department shall establish that the inclusion
of the challenging individual on the gang list or gang database was consist?ent with
the established Police Department policy. If a simple majority of the Providence
External Review Authority (PERA) ?nds that the inclusion of the challenging
individual on the gang list or gang database was not consistent with established
Police Department policy, the challenging individual shall be removed froin the
gang list or gang database. Such hearings shall not be open meetings and tinder no
circumstances shall evidence or information related to on-going investigations
presented at such hearings be shared with any individual beyond the meml?aers of
PERA, necessary PERA staff, the appellant, and the appellant?s legal courisel.

(1 1) In the event that an appeal is not successful, a notation will be made in the ?le and in

any transmission of the information concerning that individual, that the person deities the

allegation of gang membership or association. The appellant in an unsuccessful appeal

shall not be permitted to appeal again for at least one (1) calendar year. 

(12) No information related to on-going appeals or successfully contested allegations of

gang membership or association shall be shared with any third party unless requiried by

law.

 

 

 

 

   

(13) If an individual has no convictions within a two-year period after their name has
been placed on the ?gang list,? and no new evidence meeting the criteria for inclusion on
the ?gang list? has been found, the name shall be removed and all related records
destroyed. A letter con?rming that the individual's name has been removed from the gang
list shall be sent to the person at their last known address. However, the two-year period
shall not include any time the individual spent incarcerated or serving a suspended

sentence.

 

(14) Each year, the Providence Police Department shall produce a report providinig the
total number of individuals whose names are included on the ?gang list,? with
demographic detail including age, race, ethnicity, and gender, and a total of how many of
those individuals have challenged their inclusion on the ?gang list.? 5

(15) Each year, the Providence Police Department shall engage an independent auiditor,

 

selected by PERA, the City Solicitor, and the Commissioner of Public Safety, to Eiudit the

 

?gang list,? identify any errors, and make recommendations for improving the operations
and use the ?gang list.? A full report of the results of the audit shall be provided to the
Commissioner of Public Safety, the Chief of Police, and to PERA for its review. In the
auditor?s report, the names of individuals on the ?gang list? shall not be included and
shall, instead, be replaced with unique identifying numbers. The identity of the au?ditor

shall remain con?dential.

Language access for Limited English Pro?cient (LEP) individuals .
The Police Department shall maintain a language access hotline to connect police
of?cials in the ?eld with quali?ed interpreters in a timely manner. Of?cers who wish to
question an LEP individual for any reason and are not ?uent in a language spokeri
pro?ciently by that individual, shall not question that individual without the aid of the

aforementioned language access hotline or without a quali?ed interpreter is present,

 

except in emergency situations. Police shall not use family members, friends or 
bystanders as interpreters, except when the aforementioned language access hotlirie is
unavailable or in emergency situations and/or for the purposes of explaining to an?
individual that they are securing an interpreter or the language access hotline.

(2) The Police Department shall establish and maintain policies for the use of the
language access hotline, setting standards for determining language ?uency amonig
of?cers, and clearly de?ning emergency situations. Such policies shall be public
documents, available on the Police Department website, and subject to review by the
Providence External Review Authority.

(3) All custodial interrogations in police stations or substations involving LEP individuals
must be recorded and such recording shall be made available to the interrogated
individual and/or their attorneys. Whenever an of?cer equipped with a body cam-egra
conducts a custodial interrogation of an LEP individual in the ?eld, that interroga?ition
shall be recorded. Recordings made pursuant to this subsection shall be made available to
the interrogated individuals and/or their attorneys, unless doing so would impede an

ongoing investigation.

 

(4) Miranda Warnings, and all other vital written materials, will be available in the ?ve
(5) Most commonly Spoken languages in Providence, according to the most recent
Census data. In the case of a language into which forms have not been translated and in
the case of illiteracy, forms will be read to a suspect or witness in their primary language

using the contracted interpretation services.

 

(5) At each police building with direct public access, signs shall be posted in the five (5)
most commonly spoken languages in Providence, according to the most recent Ceinsus
data, at each public access point or lobby stating that a language access hotline will be 

provided free of charge to LEP individuals.

 

(11} Collaboration with other law enforcement agencies .
(1) Any formal?agreements addressing cooperation and mutual assistance between:
Providence Police and other law enforcement agencies shall be deemed public
documents, subject to the Access to Public Records Act, R.l. Gen. Laws. 38-2-1 et seq.,

and posted on the City?s website unless it adversely impacts investigatory activities.

 

(2) A law enforcement of?cer shall not detain an individual on the basis of a request from
another agency or pursuant to an administrative warrant, after the individual is eligible

for release from custody, unless the agency has a criminal warrant, issued by a judicial

 

of?cer, for the individual, or the detention is otherwise constitutional. .
(3) Providence Police are not permitted to comply with requests by other agencies? to
support or assist in operations conducted solely for the purpose of enforcing federial civil
immigration law, including but not limited to requests to establish traf?c perimetdrs

related solely to immigration enforcement.

 

(4) Nothing in this chapter prohibits or restricts any of?cial from sending to, or rei: eiving
from federal immigration authorities, information regarding the citizenship or
immigration status, lawful or unlawful, of an individual pursuant to Sections 1373 and

1644 of Title 8 of the United States Code.

 

(5) All joint activities undertaken between Providence Police Department and other law

 

enforcement agencies not governed by formal agreements as covered in this Sectiisn shall
publicly report as soon as practicable upon completion of the operation.

(6) The Providence Police Department shall abide by the provisions of this ordinaince at
all times, including when working in collaboration with outside law enforcement

agencies.

Accountability and Enforcement:
(1) Generally

i) When conducting a stop or search, a police of?cer must provide their feiieral

 

identi?cation number.

 

 

 

   

10

ii) Any subject of a stop or search may ask an on-duty law enforcement officer for
a business card containing the of?cer's federal identi?cation number. The bf?cer
must comply with the request, when practicable and consistent with ensuring
of?cer safety and the safety of others. Such requests shall not be deemed
reasonable suspicion of criminal activity. When in uniform, Providence Pdiice
of?cers must wear their federal identi?cation number on their uniform.
(2) An individual subjected to any violation of this ordinance, other than a violatitirn of
subsection may ?le a civil action for injunctive and declaratory relief, as well as
compensatory damages against:
i) Any governmental body that employs any law enforcement officer who has
engaged, is engaging, or continues to engage in violations of any section of this
ordinance; and
ii) Any law enforcement of?cer who has engaged, is engaging, 0r continueis to
engage in knowing and willful violations of any section of this ordinance.
(3) Preservation of rights. This section shall be in addition to all rights, procedureis, and
remedies available under the United States Constitution, Section 1983 of Title 42 of the
United States Code, the Constitution of the State of Rhode Island and all other federal
law, state law, municipal law and all preexisting civil remedies, including monetai'y
damages, created by statute, ordinance, regulation or common law.
(4) The chief of police shall prepare and make available on the city?s website, as virell as
to the Providence External Review Authority, the City Council and the public, a qiuarterly
report commencing with the city's fiscal year containing the following informatioir:
i) Compilation of the data collected pursuant to subsection providirig at a
minimum statistical descriptions of individuals stopped, results of the stop;
analyzed by direct and cross-tabulation of race, ethnicity, gender, and age
(as perceived by the of?cer initiating the stop).
ii. Maps or other graphic representations providing approximate geographical
locations of aggregate stops.
Complaints received by the Of?ce of Professional Responsibility involiving
alleged violations of one or more provisions of this ordinance.
iv. A summary of all pending civil and criminal litigation against the Providence
Police Department or any of its employees, or the City of Providence, alleging
violations of any provision of this ordinance.
v. Copies of any new policies or revisions to existing policies enacted durmg the
report period.
(5) The Providence External Review Authority, upon review of all data describediin
subsection may recommend diversionary reinvestments that would, if
implemented, reallocate City funding from the Police Department Budget as a whiole, and

from the funds speci?cally allocated to the office of Public Safety Commissioner; to

municipal recreation, youth programming and employment opportunities.

 

 

 

 

11

i) A written description of these recommendations shall be submitted to the
Mayor and the City Council no later than the last day of January.
ii) The Mayor and or the Public Safety Commissioner shall provide a writtien
response to the recommendations no later than 20 days after receiving therin.
The Finance Committee of the City Council, or any other Committee within
the City Council most responsible for preparing a budget proposal to be 2
considered by the Council as a whole, shall review and respond to the
recommendations during its budget deliberations. It shall conduct a publici hearing
at which members of the public may present their responses to the
recommendations. For any city Department potentially affected by a divergsionary
reinvestment, the Director or their designee must attend the public hearingi
described in this subsection.
(6) The Providence External Review Authority shall be authorized to review propbsed
labor agreements between the City of Providence and any labor union representing sworn
officers employed by the City at the time tentative signed agreements are submitteid to the
City Council, and to make recommendations to either or both parties negotiating the labor
contract.
(7) The Providence External Review Authority shall be speci?cally authorized to iaccept
complaints relating to any violation of the Community Safety Act, as well as complaints

about improper or inappropriate use of canines.

No provision or Violation of this ordinance shall be used as an independent basis to suppress
evidence 1n a crnninal proceeding.

Appropriate funding shall be made available to implement the provisions of this chapier.
(1) Severability.

The provisions of this Ordinance shall be severable. If any phrase, clause, sentence or prdvision
of this Ordinance is declared by a court of competent jurisdiction to be invalid, the validity of the
remainder of the Ordinance and its applicability to any other agency, person or circumstances

sh: 211 not be affected. 

(my 3N0 later than six (6) months from the Enactment of this Ordinance, the Commissioner of
P11 blic Safety and the Chairperson of PERA, shall issue to the City Council a report on the
implementation of this Ordinance

SECTION 2: This act shall take effect on January 1, 2018.

 

 

 

 

 

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