Advancing Effective, Accountable Policing and Criminal Justice Practices
May 31, 2022
Signed by: Joe Biden
Signed on: May 25, 2022
Published on: May 31, 2022
May 31, 2022
Signed by: Joe Biden
Signed on: May 25, 2022
Published on: May 31, 2022
Summary
Creates new standards for federal law enforcement on use of force, accountability, and data collection to build trust and improve public safety.
What problem does this solve?
Trust between police and many communities, especially communities of color, is broken due to harmful encounters and unfairness in the justice system. This order creates national standards for federal police to improve accountability and fairness, aiming to rebuild that trust.
What does this order do?
Reference
Text:
Section:
Header:
Establishing a national law enforcement accountability database
Creates a national database for police misconduct
Establishes the National Law Enforcement Accountability Database to track official records of misconduct, as well as commendations and awards, for federal officers.
Bans chokeholds and carotid restraints
Prohibits federal law enforcement officers from using chokeholds and carotid restraints unless the use of deadly force is allowed by law.
Restricts 'no-knock' entries
Limits the use of unannounced entries, known as 'no-knock entries,' for federal law enforcement and requires tracking and public reporting of their use.
Reference
Text:
Section:
Header:
Ensuring appropriate use of body-worn cameras and advanced law enforcement technologies
Requires body-worn cameras for federal officers
Mandates that federal law enforcement agencies create and publicly post policies requiring officers to wear and activate body cameras during arrests and searches.
Reference
Text:
Section:
Header:
Limiting the transfer or purchase of certain military equipment by law enforcement
Limits transfer of military equipment to police
Restricts federal agencies from transferring certain military-grade equipment, like high-caliber weapons and armored vehicles, to state and local police.
Reference
Text:
Section:
Header:
Providing federal law enforcement officers with clear guidance on use-of-force standards
Sets new federal standards for use of force
Requires all federal law enforcement agencies to adopt use-of-force policies that value and preserve human life and include annual training.
Improves data collection on use of force
Requires federal law enforcement agencies to submit monthly data on use-of-force incidents to a national FBI database to increase transparency.
Supports officer wellness and mental health
Directs the Attorney General to develop and publish best practices to support law enforcement officers experiencing mental health issues, trauma, or substance use disorders.
Reference
Text:
Section:
Header:
Supporting alternatives to arrest and incarceration and enhancing reentry
Promotes alternatives to arrest and incarceration
Creates a federal committee to develop a plan for safely reducing unnecessary arrests and supporting rehabilitation and successful reentry for formerly incarcerated people.
Who does this affect?
- Federal law enforcement officers
- State and local law enforcement agencies
- Communities of color
What is the real world impact?
•
Rebuilds trust for better public safety
Aims to strengthen the partnership between law enforcement and communities. When communities trust the police, they are more likely to report crimes and help with investigations, which helps reduce crime.
•
Addresses systemic racism in the justice system
Acknowledges that fatal encounters with law enforcement have unfairly affected Black and Brown people. The order tries to fix racial differences that still exist in the criminal justice system.
•
Sets a federal example for local police
Directly changes rules for federal officers but uses grants and guidance to encourage state and local police to adopt the same standards. This may not force all police departments to change.
When does this start?
This order sets multiple deadlines for federal agencies to complete specific actions, issue new policies, and publish reports.
Restriction on 'No-Knock' Entries
Within 60 days (by July 24, 2022), federal law enforcement agencies must issue policies limiting the use of no-knock entries.
Ban on Chokeholds
Within 90 days (by August 23, 2022), federal law enforcement agencies must issue policies banning chokeholds and carotid restraints except when deadly force is authorized.
Reference
Text:
Section:
Header:
Ensuring appropriate use of body-worn cameras and advanced law enforcement technologies
Body-Worn Camera Policies
Within 90 days (by August 23, 2022), federal law enforcement agencies must issue policies on the use of body-worn cameras.
Reference
Text:
Section:
Header:
Establishing a national law enforcement accountability database
National Accountability Database
Within 240 days (by January 20, 2023), the Attorney General must establish the National Law Enforcement Accountability Database.
Reference
Text:
Section:
Header:
Strengthening officer recruitment, hiring, promotion, and retention practices
Officer Recruitment and Hiring Plan
Within 365 days (by May 25, 2023), an interagency working group must publish an action plan to strengthen federal law enforcement recruitment and hiring practices.