Proposals for Systems of Records on Decertified Officers and Police Misconduct

Proposals for Systems of Records on Decertified Officers and Police Misconduct

Updated March 2, 2021
Proposals for Systems of Records on Decertified Officers and
Police Misconduct
The George Floyd Justice in Policing Act of 2021 (JIPA,
National Decertification Index
H.R. 1280) would attempt to reform a range of law
NDI, a database operated by the International Association
enforcement practices, especially practices that are
of Directors of Law Enforcement Standards and Training
considered to be biased against people of color. The bill
(IADLEST), contains information on police officers who
would, among other things, promote the use of body-worn
have had their certifications revoked. Forty-six states have
cameras, expand de-escalation training, reduce racial
laws that allow for a law enforcement officer’s license or
profiling and require state and local governments to report
certification to be revoked if he or she engaged in serious
data on the use of force, In addition, the legislation would
misconduct. In these states, a decertified officer is no longer
also attempt to curb so-called wandering officers (i.e., law
allowed to work as law enforcement officer in the state
enforcement officers who are fired or resign under threat of
where his or her license or certification was revoked. Four
termination but are later hired by another law enforcement
states (California, Hawaii, New Jersey, and Rhode Island)
agency, often in another state).
and the District of Columbia have not established the
authority to decertify officers
There are a litany of stories about law enforcement officers
who are alleged or found to have engaged in misconduct,
NDI data are submitted by a state’s POST Commission or a
including the use of excessive force, being hired at other
similar body. NDI is a “pointer system” and does not
law enforcement agencies that are unaware of the officers’
contain information about a specific officer or the actions
full employment history. There is disagreement over how
leading to decertification. NDI only refers the querying
common the wandering officer phenomenon is and to what
agency to the agency holding the appropriate record. POST
extent these officers may be a threat to the public. A 2020
Commissions can query NDI, as may law enforcement
study of law enforcement officers in Florida found the
agencies that have been granted access by the state’s POST
following:
Commission. Some 375 law enforcement agencies have
been granted direct access. All other agencies must rely on
 There are almost 1,100 wandering officers in any given
their state’s POST Commission, and these commissions do
year in Florida, and they constitute about 3% of all
not always query NDI.
officers in the state.

Officer decertification standards vary by state. In s ome
Fired officers tend to take longer to find new work than
states, officers can only be decertified if they are convicted
officers who separate from their agency voluntarily.
of a felony, whereas in others, officers can be decertified
Fired officers also tend to move to smaller agencies with
for misconduct that does not constitute a crime (e.g., using
fewer resources, in communities with slightly higher
alcohol while on duty). For states that have decertification
proportions of residents of color.
authority, reporting data to NDI is voluntary in most cases.
 Wandering officers are more likely to be fired from their
next job or to receive a complaint for a “moral character
Wandering Officers Find New Jobs
violation” than both officers hired as rookies and those
A 2020 article in the Yale Law Journal on wandering
hired as veterans who have never been fired.
officers discussed how law enforcement officers who are
fired from their jobs are able to find work in other agencies.
Recommendation of the 21st Century
The issues highlighted suggest that making more
Policing Task Force
information available about officers’ disciplinary histories
In 2015, President Obama’s Task Force on 21st Century
might not prevent wandering officers from finding new
Policing recommended expanding the National
policing jobs.
Decertification Index (NDI) so it could serve as a national
registry of decertified officers. The Task Force noted,
In some cases, law enforcement agencies do not complete
“currently the criteria for reporting an action on an officer is
thorough background checks for new hires; and even if they
determined by each POST [Peace Officer Standards and
do, past employers might not be forthcoming with the
Training Commission] independently, as is the granting of
reason for an officer’s separation. In addition, law
read-only access to hiring departments to use as part of their
enforcement agencies might not report terminations or
pre-hire screening process. Expanding this system to ensure
officer misconduct to their POST Commission because it is
national and standardized reporting would assist in ensuring
voluntary in most states and there are different standards for
that officers who have lost their certification for misconduct
what conduct is considered to be reportable to a POST
are not easily hired in other jurisdictions.”
Commission.
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Proposals for Systems of Records on Decertified Officers and Police Misconduct
In addition, state-by-state certification of officers can create
Legislative Issues
challenges for hiring agencies because an officer can be
Policymakers may debate a number of questions about
fired in one state, get certified in another, and then find
databases or systems of law enforcement officer
employment with a new agency. Small law enforcement
disciplinary information.
agencies that are understaffed and have limited budgets
might not have the resources to conduct thorough
 Access. Congress may debate who should have access to
background investigations and might be more likely to hire
information on such systems. Would these data be
a wandering officer. Wandering officers might also be more
available to the public or would access would be limited
appealing hires for these agencies because they may be
to a particular subset, such as members of the law
willing to settle for more modest salaries, limited
enforcement community?
opportunities for advancement, or assignments other
officers do not want. These officers may also be able to
 Database changes. Congress may debate whether
start right away, compared to new recruits who must
officers with information contained in such databases or
complete the training academy (and the agency might have
systems should be able to access them or submit
to cover this cost) and must spend some time being trained
additional information on their own behalf. In addition,
in the field by other officers. Some law enforcement
they may question how or under what circumstances
agencies might also be willing to hire officers who were
information is updated or removed.
fired from their last job because they assume these officers
may be more conscientious when offered a second chance.
 Privacy risks. Congress may question the utility of
having certain personal information about law
Legislative Proposals
enforcement officers in databases that may be available
JIPA would expand law enforcement agencies’ access to
in whole or in part to the public. Policymakers may look
records related to officer misconduct so potential hires
to other national databases, such as the National Sex
could be better screened, but the bill would not accomplish
Offenders Registry, for examples of federal involvement
this by expanding NDI. Instead, the bill would require the
in the collection of sensitive data. They may also
Department of Justice (DOJ) to establish a public National
question whether there should be technology
Police Misconduct Registry. The registry would contain
requirements to help keep the systems safe from cyber
records of substantiated, pending, and unfounded
intrusion and data breach.
complaints filed against law enforcement officers,
disciplinary records, and termination records. Records
In addition to questions about the content of systems of
would have to indicate whether the complaint involved th e
disciplinary information, if policymakers want to address
use of force or racial profiling. The registry would also
issues about wandering officers they might face the
include records of lawsuits and settlements against law
question of providing incentives to change the way officers
enforcement officers. Law enforcement agencies would
are hired. Providing access to disciplinary records and
also be required to submit records demonstrating that their
requiring law enforcement agencies to search these records
officers have completed all certification requirements for
could address the issue of a lack of information about an
law enforcement officers in that state. Federal law
officer’s past misconduct. Yet, this requirement does not
enforcement agencies would be required to submit records
address the issue of law enforcement agencies hiring fired
to the registry as well. For state and local governments,
officers anyway, either out of a sense of brotherhood or to
submitting records to the registry would be a condition for
give the officers a chance to redeem themselves. It also
receiving funding under the Edward Byrne Memorial
does not address the issue of agencies that hire wandering
Justice Assistance Grant (JAG) program. To receive this
officers because they have no better options (e.g., they have
funding, they would have to establish that they have a
problems recruiting because they cannot offer competitive
certification and decertification program in place for the
salaries or they are in an undesirable location). Congress
purpose of law enforcement officer employment. DOJ
might consider whether there is a need to provide incentives
would be required to make information in the registry
for states to enact laws that prevent agencies from hiring
searchable through a public website.
previously fired officers, or if it should provide assistance
to agencies with limited resources so they can cover
The legislation would address some widely perceived
expenses related to hiring new recruits or expand the hiring
limitations of NDI. Currently, NDI only contains
pool by offering higher salaries.
information on officers who have been decertified; state
laws vary on when officers can be decertified, if at all;
Nathan James, Analyst in Crime Policy
states exercise this authority to varying degrees; and states
Kristin Finklea, Specialist in Domestic Security
might not submit decertification records to NDI. JIPA
would make a wider variety of disciplinary records
IF11585
available to hiring agencies through a centralized system
and would provide incentives for law enforcement agencies
to submit specified records.

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Proposals for Systems of Records on Decertified Officers and Police Misconduct

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https://crsreports.congress.gov | IF11585 · VERSION 3 · UPDATED