An Act To Eliminate Profiling in Maine
Sec. 1. 5 MRSA c. 337-D is enacted to read:
ACT TO ELIMINATE PROFILING IN MAINE
§ 4801. Short title
This chapter may be known and cited as "the Act To Eliminate Profiling in Maine."
§ 4802. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 4803. Profiling prohibited
(1) A law enforcement agency that employed a law enforcement officer who engaged in profiling;
(2) A law enforcement officer who engaged in profiling; or
(3) A person with supervisory authority over a law enforcement officer or law enforcement agency that engaged in profiling.
§ 4804. Policies and procedures to eliminate profiling by law enforcement agencies
This section establishes policies and procedures to eliminate profiling by law enforcement agencies.
§ 4805. Attorney General procedures and programs to eliminate profiling
By March 15, 2020, in consultation with interested parties, including law enforcement agencies and community, professional, research, civil liberties and civil rights organizations, the Attorney General shall adopt rules for the operation of administrative complaint procedures and independent audit programs to ensure that programs and procedures provide an appropriate response to allegations of profiling by law enforcement officers or law enforcement agencies. Rules must contain guidelines and ensure the fairness, effectiveness and independence of the administrative complaint procedures and independent auditor programs. Rules adopted pursuant to this section are routine technical rules as defined in chapter 375, subchapter 2-A.
§ 4806. Data collection
(1) Be collected by race, gender, ethnicity, religion, socioeconomic status, ancestry or national origin, as perceived by the law enforcement officer;
(2) Include the date, time and location of such investigatory activities;
(3) Include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in profiling; and
(4) Exclude personally identifiable information;
(1) Analyze the data for any statistically significant disparities between those who are identified as of an ethnic or racial minority or of a gender, religion or socioeconomic status and those who are not, including:
(a) In the percentage of drivers or pedestrians stopped relative to the population traveling through the neighborhood;
(b) In the hit rate; and
(c) In the frequency of searches performed; and
(2) By October 15, 2022, and annually thereafter:
(a) Prepare and provide a report regarding the findings of the analysis conducted under subparagraph (1) to the joint standing committees of the Legislature having jurisdiction over judiciary matters and criminal justice and public safety matters; and
(b) Make the report available to the public, including posting on the publicly accessible websites of the Office of the Attorney General, the Department of Public Safety and the Maine Human Rights Commission; and
(1) Limiting the use of the data collected under this chapter to the purposes set forth in this chapter;
(2) Except as otherwise provided in this chapter, limiting access to the data collected under this chapter to those employees or agents of the State or of local governments or of governments of Indian tribes who require access in order to fulfill the purposes set forth in this chapter;
(3) Requiring contractors or other nongovernmental agents who are permitted access to the data collected under this chapter to sign use agreements limiting use of the data to purposes set forth in this chapter; and
(4) Requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this chapter.
§ 4807. Publication of data
The Office of the Attorney General shall provide to the joint standing committees of the Legislature having jurisdiction over judiciary matters and criminal justice and public safety matters and make available to the public, together with each annual report described in section 4806, the data collected pursuant to this chapter. Data reported may not include personally identifiable information.
§ 4808. Limitations on publication of data
The name or identifying information of a law enforcement officer, complainant or any other individual involved in any activity for which data is collected and compiled under this chapter is confidential and may not be released to the public or disclosed to any person, except as necessary to comply with this chapter or, if it is information regarding a particular person, to that person.
§ 4809. Reporting by the Attorney General
Sec. 2. 25 MRSA §2803-B, sub-§1, ¶L, as amended by PL 2013, c. 147, §19, is further amended to read:
Sec. 3. 25 MRSA §2803-B, sub-§1, ¶M, as enacted by PL 2013, c. 147, §20, is amended to read:
Sec. 4. 25 MRSA §2803-B, sub-§1, ¶N is enacted to read:
This bill creates the Act To Eliminate Profiling in Maine, which establishes policies and procedures for law enforcement officers and law enforcement agencies to prohibit and eliminate profiling. The bill defines profiling as the discriminatory practice of a law enforcement officer or law enforcement agency relying, to any degree, on actual or perceived race, gender, ethnicity, religion, socioeconomic status, ancestry or national origin in targeting an individual for routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality and time frame, that links a person with a particular characteristic to an identified criminal incident or scheme.
Specifically, the bill directs the Board of Trustees of the Maine Criminal Justice Academy to establish policies and procedures to eliminate profiling and require mandatory training and anti-profiling education by all law enforcement agencies in the State. All law enforcement agencies must adopt written policies on profiling. The bill requires law enforcement agencies to implement procedures for receiving, investigating and responding to complaints of profiling. The bill also directs the Attorney General to adopt rules and guidelines for collecting and reporting data regarding profiling. Rules must define what data must be collected, how it must be collected and how the data may be reported and used to eliminate profiling and inform law enforcement, the public and the joint standing committees of the Legislature having jurisdiction over judiciary matters and criminal justice and public safety matters.