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Nebraska Crime Commission

Commission on Law Enforcement and Criminal Justice

Racial Profiling Advisory Committee

Member

Represents

Location

Lararo Spindola

Commission on Latino Americans

Lincoln

Don Arp Jr. Nebraska Crime Commission Lincoln
Steve Grabowski Nebraska Fraternal Order of Police Papillion
Lt. Jason Dean Nebraska State Patrol Lincoln
Judi Gaiashkibos Commission on Indian Affairs Lincoln
Dwaine Ladwig Nebraska Sheriffs Association Osceola
John Wells AFL - CIO Omaha
Mark Hogue Police Officers Association of Nebraska Central City
Tom Warren, Sr. National Association for the Advancement of Colored People Omaha
Leslie Seymore American Civil Liberties Union of Nebraska Lincoln
Tony Hernandez Nebraska State Bar Association Omaha
Dan Lynch Police Chiefs Association of Nebraska Kearney

 

RACIAL PROFILING PREVENTION POLICY

 

Requirements:

  • Each agency must have a written racial profiling prevention policy.
  • The Commission provides a Model Racial Profiling Policy that agencies may use.
  • Use of the model policy is not mandated unless a law enforcement agency fails to create and provide to the Commission a policy that meets the minimum standards noted in statute.
  • Agencies must provide a copy of the policy to the Commission.

 

Minimum Policy Standards:

  • Written policy that prohibits the detention of any person or a motor vehicle stop when such action is motivated by racial profiling.
  • Must include definitions matching Nebraska Revised Statute §20-503.
  • Must include one or more internal methods of prevention and enforcement, that may include, but not limited to those described in Nebraska Revised Statute §20-504(1)(a-e).

 

New for LB924:

While “Anti-bias and implicit bias training and testing designed to minimize apparent or actual racial profiling” is listed as a possible approach for meeting the requirement of having “internal methods of prevention and enforcement”, the training is actually required by statute per Nebraska Revised Statutes §23-1701.01(2) and §81-1414.07. As such, it is best practice to include language regarding the training in your agency’s policy and submit an updated version to the Commission. Find below some suggested language for this inclusion, which can also be found in the updated Model Racial Profiling Policy.

TRAINING

Members of this agency shall receive training on prevention of racial profiling during annual in-service training. Each member shall complete at least two hours of anti-bias and implicit bias training designed to minimize apparent or actual racial profiling in addition to the annual 20-hour requirement for continuing education in criminal justice and law enforcement. Such anti-bias training is not subject to the 10-hour limit, as noted in NAC Title 79, Chapter 17, §004.01 and §004.02, for courses delivered via distance or internet learning. The agency head shall ensure all personnel are familiar with the content of operational procedures related to racial profiling and personnel are operating within compliance of this policy.

 

Click here for the Model Racial Profiling Policy.

 

Submitting Updated Policies

Please submit your updated policies by December 31, 2020. Updated policies can be sent to Perky Schoenhals at Perky.Schoenhals@nebraska.gov.