Roll Call for Introductions: Quality of Life Contacts BART Board February 27, 2020 Roll Call for Introductions On December 5, 2019, Director Janice Li initiated, which was seconded by Director Bevan Dufty, a Roll Call for Introductions (RCI): “Requests a presentation from BART staff in early 2020 regarding ‘quality of life’ citations and contacts. Information should include the total number, location, and times of all types of citations that are considered as quality-of- life violations, as well as, available demographics of the persons cited. Violations should include, but not be limited to, the individual violations under California Penal Code Part 1, Title 15, Chapter 2, Section 640. The purpose of this presentation should be to provide a data-driven account for the way BART resources, particularly law enforcement, are deployed and the benefits to our ridership and system safety.” 1 Agenda • BART Police Department Vision • BART and National Police Department demographics • Quality of Life defined • Quarterly performance data • Quality of Life violation statistics • Center for Policing Equity • Racial and Identity Profiling Act • Government Alliance on Race and Equity training • Conclusion 2 BART PD’s Vision for Safety & Security Regain the public’s trust by making BART welcoming and safe for all of our riders and employees. 3 Bureau of Justice Statistics, October 2019 US Local Police Departments, 2016: Personnel Race or ethnicity among local police of?cers. 1992-2515 White? Blane Hispanic omen-'1 Unknown tiear Number Percent Number Percent Number Percent Number Percent Number Percent 1519? 3251.555 213.5351" I15.5213 11-5115 32.555 2.5135 1' 5.535 2-13-51" 25115 341.125 22.11 ?1 51.353 11.? 35.1142 5.31 11.355 2.21" 2553 3415.141? 25.41 52.252 11.2' 41.553 5.1 1 12.2251 223 1 2511? 343.255 2415 54.535 11-5 112.3513 111.3 1 111.5135 31 5241 11.151: 2513 3415.555? 21-4 52.512 11-5 541.551 11.4 15.552 35 13.353 1.5 2111 5* 331.1195 21.5 52.512 11-41 52.555 12.5 15.525 3.5 I1.13511 1.1 Note: Priortp 2502', respondents did not have the option to indicate ?unknown" race for full-time sworn of?cers in the Enforcement Management and Admin istratiue Statistics tLElt'lAS]- 5ee appendix talole 1 ?forstanclard errors. ?Comparison group- applicable- 1'5igni?cant difference from comparison group at the 51535 con?dence level. 1:5igni?cant difference from comparison group at the 9035 con?dence level. persons of Hispa nic origin ?white refers to non-Hispanic I.n'hites and ?black" reters to non-Hispanic blacltsi. Asians. Native Hawaiians?ther Paci?c lsla nclers. American Indians. Alaslta Natives-or persons oftwo at more races- Beginning in 2E113.t 1e sure-e3.r included the option for respondents to indicate ?two or more races" forlalrr enforcement personnel. "Dther" includes this option. Sou rce: Bureau ofJustice Statisti?. Law Enforcement Management and Admi nistratiu'e Statistics survey. 1592-2131 5 4 BART PD Organizational Demographics Asian/Pacific Islander, 22% White, 39% Black, 19% Hispanic, 20% Sworn 40 19% 40 19% 49 23% 87 40% 0 0% 0 0% Asian / Pacific Black Hispanic White Amer. Indian Other Civilian 34 30% 21 19% 18 16% 40 35% 0 0% 0 0% Asian / Pacific Black Hispanic White Amer. Indian Other 5 Quality of Life Quality of Life in a transit environment is defined by factors impacting ridership and the customer experience. The following reflect standard indicators of the Quality of Life: • Cleanliness • Fare Evasion • Safety and security • Homelessness 6 Quaiity of Life Contacts* *Etueliw Life 1ir?icaleticrne: Disturbing the Peace, Vagrencyr, Public Urineticrn, Fare Euesicm, Laud Musichiaclicrc. Smoking, Eatingmriniting and Expecteretien EnfcI-rcement Actici-n of Crime: pe-r l'u'lulliu-n THES- 1? I I 1 I F'ml'?'?tl'l Quality [If Life Cuntactt are dawn fr?i'Ti the last Quarter but up frcirn the cerrespenciing quarter Of the pricir ?scal year. Fare Related Activity Fare related incidents generally include subjects “jumping” the turnstiles, entering the emergency gate, or using fraudulent Clipper/BART paper tickets. • Fare related violations: o Non-Criminal/Administrative Citations (Proof of Payment) o Criminal Citations • During 2018-2019, an average of 1200 criminal and administrative citations combined were issued for fare related activities per month, or an average 40 citations per day. • Less than 0.01% of the ridership was cited on a given day. (Approximately 1 in every 11,250 riders) • Fare evasion accounts for over 93% of all our Quality of Life criminal citations each consecutive year. Fare Related • • • • • • 481.1 (B) Counterfeit Fare 587 (C) Evade Railroad Fare 640(c)(1) Fare Evasion 640(c)(2) Misuse Transfer Pass 640(c)(3)(a) Fraudulent Ticket Proof of Payment 8 Proof of Payment • • Board adopted ordinance on October 26, 2017 to reduce fare evasion / revenue loss Conditioned on systematic protocol to prevent bias o o • • • All contacts recorded on body cameras Office of Independent Police Auditor conducts random spot-checks of FIO body-worn camera recordings and has not detected any departure from the required systematic approach In effect since Jan 1, 2018 Requires persons inside the paid area to provide proof of payment Those failing to present valid exit-coded fare media result in a violation o o Civil Administrative Citation (max $60-$120) - Or may perform community service Criminal Infraction Citation (max $250) 3+ violations/year 9 Fare Related Enforcement 2018-2019 1800 1600 Fare Related Contacts 1400 1200 1000 800 600 400 200 0 Jan 2018 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Infractions Jan 2019 Feb Civil Mar Apr May Jun Jul Aug Sep Oct Nov 10 Dec Proof of Payment by Race 2018-2019 BART 2018 Other (401)1094, Unknown [348 8% A Man I Paci?c Is]. [187 4% White [702] 17% Amer. Indian [9 0% Hispanic (621] 15% Black (1,908) 46% Asian Paci?c Islander Black I Hispanic 2019 Other (8441795 Unknown [1,296] 11% White (2,243) 18% A Allin I Paci?c Isl. [419] 4% Amer. Indian [53] 0% Hispanic 1,738] 14% Black [5,559 45% Amer. Indian White ?thcr 11 Fare Evasion Enforcement by Race 2018-2019 2018 2019 Dther[382]9% Other [250] 9% Unknown [39]1% Unknown [13]2% L. Asian 1' Paci?c Is]. [89 3% Pacific 15]. [117 3% White (872 22% Hispanic 566] 14% Black 1,498 52% Asian Paci?c Islander Black I Hispanic Amer. Indian White I Other I 12 White (591] 21% Hispanic (409] 14% Black (1,992) 50% Code of Conduct Activity Code of conduct violations consist of rules every BART rider is subject to following. We frequently receive complaints of violations, often through social media. • Code of Conduct violations: o Infractions o Misdemeanors • During 2018-2019, an average of 40 citations were issued for code of conduct violations per month. • Less than 0.01% of the ridership was cited on a given day. (Approximately 1 in every 225,000 riders) • Citations issued for code of conduct violations were approximately 3-5% of each given year. Code of Conduct • • • • • • • • • • 640(b)(1) Eating/Drinking 640(b)(3) Smoking 640(b)(4) Spitting 640(b)(5) Bike, Scooter, Skateboard 640(D)(2) Hazardous Materials 640(D)(3) 640(b)(8) Urination, Defecation 647(C) Aggressive Panhandling 647(E) Lodging 647(F)/(FF) Public Intoxication 594, 640(D)(5) Vandalizing 13 Code of Conduct Enforcement 2018-2019 50 Code of Conduct Contacts 40 30 20 10 0 Jan 2018 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Infractions Dec Jan 2019 Feb Mar Misdemeanors Apr May Jun Jul Aug Sep Oct Nov 14 Dec Code of Conduct Enforcement by Race 2018-2019 2018 2019 White [132] 24% Unknown 0% n/Paci?c Isl. (10] 2% White 100 22% Unknown 1% A Asian/Paci?c Isl. [10} 2% Other [34 7% Other (30] 6% Amer. Indian 0% Amer. Indian 0% Hispanic {72} 16% Hispanic (101] 18% Black [2 74] 50% Black [241} 52% Asian Paci?c Islander Black I Hispanic Amer. Indian White I Other I 15 Disruptive Behavior Activity Disruptive behaviors affect our riders’ experience. These actions include but are not limited to playing loud music, sexual harassment and generally being a nuisance to others. • • Disruptive behavior violations: o Infractions o Misdemeanors During 2018-2019, an average of 20 citations for disruptive behaviors were taken per month. • This was less than one rider per given day of the year. • Disruptive Behavior accounts for less than 1% of all quality of life citations each year. Disruptive Behavior • • • • • • • 415 Disturbing the Peace 640(b)(2) Unreasonably Loud Sound Equipment 640(D)(1) Disturbing Others 640(D)(4) Blocking Movement 647(A) Lewd Conduct 647(B) 653.22 Prostitution 647(J) Privacy Invasion 16 Disruptive Behavior Enforcement 2018-2019 50 Disruptive Behavior Contacts 40 30 20 10 0 Jan 2018 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Infractions Dec Jan 2019 Feb Mar Misdemeanors Apr May Jun Jul Aug Sep Oct Nov 17 Dec Disruptive Behavior Enforcement by Race 2018-2019 2018 4% White 32% J. Asian] Paci?c Isl. 2% Other 59/, Hispanic 2% Black [73) 55% 2019 Unknown 2% White {25] 28% n/Paci?c Is]. 6% Other 2% - Hispanic [13] 14% Black [44) 43% Asian Paci?c Islander Black I Hispanic Amer. Indian White I Either I 18 Field Interview Reports • Field interview reports are used to document contacts with individuals where no enforcement action is taken. • May be used by officers when a violation of a law or ordinance is observed and a verbal warning is issued to Disturbing Behavior the violator. • Meant to educate and track contact for future violation. • Inclusive but not limited to Quality of Life. • On average, 23 field interview reports are taken each day. About half of all field interviews are for 640PC violations. Types of Contacts 640 PC Violation Area Check BP Violation Consent HS Viol Inj/Med MUNI/BART Viol Other Park Det PC Viol Ped Stop Sus Circ Sus Per Sus Veh Traf Stop VC Viol Weap Viol Wel Check Description 640 Penal Code Section Violation Area Check Business and Professions Code Violation Consensual Contact Health and Safety Code Violation Injured or Medical Muni Code/BART Violation Other Parking Detail Penal Code Violation Pedestrian Stop Suspicious Circumstance Suspicious Person Suspicious Vehicle Traffic Stop Vehicle Code Violation Weapon Violation Welfare Check 19 Field Interviews 2018 - 2019 1100 1000 900 Field Interview Contacts 800 700 600 500 400 300 200 100 0 Jan 2018 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan 2019 Feb Mar Apr May Jun Jul Aug Sep Oct 20 Dec Nov Transit Crime Related Field Interview Reports vs Enforcement 2018 - 2019 Fare Enforcements, Field Interview for PC 640 650 600 550 500 450 400 350 300 250 200 150 100 50 0 Jan 2018 Feb Mar Apr May Jun Jul Aug Sep Oct Nov PC 640 Enforcement Dec Jan 2019 Feb Mar Apr May PC 640 Field Interviews Jun Jul Aug Sep Oct Nov 21 Dec Fie?d Interview Reports by Race 2018 - 2019 2018 2019 Other {542) 8% Other 8% Amer. Indian (9) 0% 151- (443)6% ?j 151. (628)7% Black (2,945] 42% Black {3,831)42% Asian Paci?c Islander Black I Hispanic Amer. Indian White I Other I 22 QOL Enforcement by Days of the Week 1600 1400 Number of Enforcement 1200 1000 800 600 400 200 0 Sun Mon Tue Wed 2018 2019 Thu Fri Sat 23 QOL Enforcement by Time of Day (Rounded up/down to the nearest hour) 1100 1007 1000 984 900 816 Number of Enforcement 800 700 590 600 541 500 387 400 385 380 308 300 0 264 256 185 200 100 400 64 12AM 30 1AM 258 206 174 159 144 66 8 3 17 2AM 3AM 4AM 5AM 6AM 2018 7AM 8AM 9AM 2019 10AM 11AM 12PM 1PM 2PM 3PM 4PM Total (2018-2019 Combined) 5PM 6PM 7PM 8PM 9PM 10PM 11PM 24 0 Civic Center Powell Lake Merritt SFO Bay Fair El Cerrito del Norte Coliseum Fruitvale Embarcadero West Oakland Hayward Fremont 12th Street/Broadway Pittsburg Bay Point Montgomery Concord MacArthur Walnut Creek Warm Springs Pleasant Hill Union City Berkeley Downtown Dublin East Ashby 24th St/Mission Richmond Daly City 16th St/Mission Dublin West Colma San Bruno Millbrae 19th St/Broadway South Hayward Lafayette El Cerrito Plaza West Oakland Castro Valley Balboa Park San Leandro Rockridge North Concord Orinda Other Glen Park Antioch Fremont South San Francisco Concord North North Berkeley Pittsburg Center Antioch Montgomery Glen Park Dublin West QOL Enforcement by Station 900 800 700 600 500 400 300 200 100 2018 2019 25 Powell Civic Center Lake Merritt El Cerrito del Norte Bay Fair Fruitvale West Oakland Hayward Pittsburg Bay Point Coliseum MacArthur SFO Concord Daly City Millbrae Walnut Creek Embarcadero Dublin/Pleasanton 12th/Broadway Pleasant Hill Montgomery Colma Richmond Union City Ashby Fremont Berkeley Castro Valley Other San Bruno South San Francisco San Leandro Antioch El Cerrito Plaza Concord/Martinez 24th/Mission 19th/Broadway West Dublin 16th/Mission South Hayward North Berkeley Warm Springs Orinda Balboa Park Other Lafayette Rockridge Glen Park Pittsburg Center Field Interviews by Station 1200 1000 800 600 400 200 0 2018 2019 26 Police Department Training BART PD has been progressive in training our officers to be fair and impartial when policing: • • • • • • In 2012 we invited the founder of Center for Policing Equity, Dr. Phillip Goff, to provide training for our officers, Reframing Officer and Civilian Interaction. In 2013 we sent all of our Field Training Officers to Fair and Impartial Policing training through Dr. Lorie Fridell. In 2014 we sent police personnel to Kansas to become instructor certified to teach Fair and Impartial Policing. Our instructors developed a curriculum that was certified by California Peace Officer Standards and Training (POST). Our department conducted the training before it became a POST requirement. In 2015 all of our officers received Fair and Impartial Policing Training. In 2015 our Fair and Impartial Policing instructors also became certified as Racial Profiling instructors. Moving forward, all personnel who join the department are required to complete training, with a refresher course every two years. 27 BART PD Organizational Demographics Asian/Pacific Islander, 22% White, 39% Black, 19% Hispanic, 20% Sworn 40 19% 40 19% 49 23% 87 40% 0 0% 0 0% Asian / Pacific Black Hispanic White Amer. Indian Other Civilian 34 30% 21 19% 18 16% 40 35% 0 0% 0 0% Asian / Pacific Black Hispanic White Amer. Indian Other 28 Study through the Center for Policing Equity (CPE) BART PD began its relationship with CPE in 2012, when CPE trainers conducted a workshop for our personnel. We later entered into a study with CPE. • • • • • • • The study was voluntary on our part, we sought assistance from CPE In 2013 and 2014, CPE worked with BART to produce two reports entitled “Police-Initiated Stops for Fare Evasion in the BART System: Embarcadero, Powell, 12th Street and Dublin/Pleasanton Stations” (a preliminary report shared in June 2013 and an addendum to it shared in April 2014) In November 2015, BART PD began to share data with CPE as part of the National Justice Database (NJD) In 2017-2018, BART officers participated in focus groups in the course of CPE’s development of the COPS Guidebook, which was published in 2019 CPE delivered a draft report of their findings to BART PD in December 2019 BART PD is currently reviewing the draft and will respond to CPE by March 2, 2020 We anticipate to have the final draft by early Summer 2020 and will share the findings with the Board 29 CPE Research Premises National Justice Database Analytic Framework aims to distinguish among five broad types of explanations for racial disparities in policing, all of which are likely to play some role in producing racial disparities in policing across the nation: 1. Individual characteristics or behaviors that may lead to interactions with law enforcement, such as mental health challenges, homelessness, or participation in criminal activity. 2. Community characteristics such as poverty or high crime rates, that may result in higher rates of interaction with law enforcement. 3. Individual officer characteristics or behaviors. Some officers may view members of certain communities with a higher level of suspicion, resulting in a disproportionate rate of stops or more punitive disposition after the stop for these individuals 4. Departmental culture, law, or policy: institutional polices, practices, or norms may increase law enforcement contact with some members of the population more than others. For example, officers may be deployed to patrol some communities more intensively than others. 5. Relationships between communities and police: Mistrust of law enforcement can reduce community members’ willingness to cooperate with police. Similarly, a sense that communities do not trust or respect police may cause officers to feel unsafe or defensive in some neighborhoods. 30 California Racial and Identity Profiling Act (RIPA) – Assembly Bill 953 The bill requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops. Our department will be required to issue our first annual report by April 1, 2023. Data we will be collecting: • • • • • • • • Date, time, and duration of the stop Location of stop Perceived race or ethnicity of person stopped Perceived gender of person stopped Person stopped perceived to be LGBT Perceived age of person stopped Person stopped has limited or no English fluency Perceived or known disability or person stopped • • • • • • • Reason for stop Stop made in response to a call for service Actions taken by officer during stop Results of stop Officer’s Identification (ID) Number Officer’s years of experience Type of assignment of officer 31 Local and Regional Government Alliance on Race and Equity (GARE) BART is participating in the Government Alliance on Race and Equity (GARE) training series to systematically advance racial equity and advance opportunities for all. GARE strategic emphases: 1. Support jurisdictions that are at the forefront of work to advance racial equity. 2. Build pathways for new jurisdictions to begin doing racial equity work. 3. Expand and strengthen local and regional collaborations that are broadly inclusive and focused on achieving racial equity. 32 Local and Regional Government Alliance on Race and Equity (GARE) Cont. We have district-wide representatives from eight departments who have committed to the year-long training. Monthly training sessions will include: • Skill Building and Strategy development • Connecting with Impacted Community Members • Peer-to-Peer Networking and Problem-Solving 33 GARE Participants OIPA Russell Bloom Patrick Caceres Sarah Celso Operations Asiann Chan-Velasco Laurence Farrell Office of Civil Rights Maceo Wiggins Emily Alter Government & Community Relations Maisha Everhart Marketing & Research Jill Buschini Communications Anna Duckworth Human Resources Najeebah Mpagazi-Spearman BART Police Department Lieutenant Chris Vogan Sergeant Tania Salas Officer Darron Reese Transbay Crossing Project Adrian Filice Sadie Graham Office of the General Counsel Crystal Matson 34 Continuing Progress We acknowledge the data suggests there are disparities identified by the data and it is concerning to people. The BART Police Department also recognizes there are many interconnected contributing factors that play some role in producing these disparities, many of which are unable to be influenced solely by our Department and are instead issues that must be addressed by society as a whole. With that being said, the BART Police Department is committed to continuing to be a progressive law enforcement agency that holds our personnel to the highest standards of policing with equity. As we move forward, we intend to: 1. Review and implement the recommendations from the Center on Policing Equity (CPE) report, which is expected in Summer of 2020. 2. Structure and implement data collection in compliance of the California Racial and Identity Profiling Act (RIPA) before April 2023. 3. Continue to train and reinforce best practices in fair and impartial policing throughout our Department. 4. Actively engage with the community and external stakeholders through programs like Government Alliance on Race and Equity (GARE), which will commence in March 2020. 35 Qu estions