2020-2021 Illinois Traffic and Pedestrian Stop Data Use and Collection Task Force Findings

SUMMARY

Traffic stops are the most common reason citizens encounter the police.^[1] In Illinois, there were over 1.5 million traffic stops in 2020 alone.^[2] Although millions of traffic stops occur throughout the country each year, advocacy groups and members of the public have claimed that race plays an integral role in the rate at which certain drivers are stopped by the police.^[3] Many Black individuals describe experiences of being pulled over without a clear traffic violation, a phenomenon sometimes referred to in social and news media as “driving while Black."^[4]

Racial profiling, which is described as police-led action that is initiated based on a person’s race or ethnicity, emerged as a national concern as data indicated disproportional traffic and pedestrian stops made by law enforcement based upon a person’s race.^[5] In response, Illinois community advocates called for traffic and pedestrian stop data collection throughout the state to better document the demographics of those being pulled over or stopped on the street.

The resulting legislation, referred to as the Illinois Traffic and Pedestrian Stop Statistical Study Act, was passed in 2003 and mandated officers to record who they stopped and what occurred during that stop. Police departments were required to collect and submit this data to the Illinois Department of Transportation (IDOT) by March 1st of each year. IDOT, through hired statistical consultants, was mandated to analyze the data to assess for evidence of racial disparities. In 2019, the collection of traffic and pedestrian stop data in Illinois was made permanent, and a Task Force was established to review this data collection and analysis. The Illinois Criminal Justice Information Authority (ICJIA) was named to convene this Task Force and produce a final report with the group’s findings.

Thus, the Traffic and Pedestrian Stop Data Use and Collection Task Force (“Task Force”) met on a quarterly basis from September 2020 through February 2022 to discuss the methods that have been used for collecting, compiling, and analyzing the traffic stop statistical study data required by the aforementioned legislation. Members of the Task Force included police administrators and community advocates from the state of Illinois and academics from across the country experienced in traffic and pedestrian stop data collection, statistics, and racial equity. Meetings were held virtually and open to the public.

The content of this summary provides the main highlights and recommendations of the Task Force to the Governor and Illinois General Assembly. Although the recommendations were not unanimously supported, the Task Force voted on and passed each recommendation listed within the full report. The Task Force suggested that changes to these recommendations should be discussed with members of the community and law enforcement prior to implementation, as some of these recommendations may require legislative approval and support, as well as additional funding, training, and software to complete. The 19 recommendations were grouped into six distinct categories based upon their content.

Recommendation Area #1: Data Sheet Content

The Task Force spent several meetings discussing the current mechanisms for collecting traffic and pedestrian stop data in the state. The most recent revisions to the data collection sheets were made in 2012. Task Force members were given the opportunity to recommend changes or updates to how this data is collected.

The group recommended both additions and modifications to the current sheets. The Task Force recommended that both the traffic and pedestrian stop data sheets should include whether a custodial arrest occurred, whether there is body camera footage available, and whether force was used. The group acknowledged that although adding these categories may increase the amount of time officers spend on non-law enforcement duties, this information would enable researchers and the public to better understand what occurs during stops.

The group also recommended changes to how stop duration and vehicle type are recorded, recommending that stops be measured with a start and end time, and that vehicle body type (e.g., sedan, SUV, convertible) is recorded along with vehicle year and make. Additionally, the group proposed that the racial and ethnic categories used for the data sheets match the U.S. Census Bureau categories of race to improve comparisons generated for the annual Traffic Stop Statistical Study. Currently, IDOT stop study data consultants calculate their own adjustments to make up for the differences between how Illinois measures race and how the Census measures race.

Recommendation Area #2: Measuring Racial and Ethnic Disparity

Another topic of Task Force discussion was the analysis of racial and ethnic disparity. Prior to Task Force implementation, the IDOT stop study consultants began to analyze data using their own research-informed methodology. From 2004 to 2018, these analyses were completed by Alexander Weiss Consulting, and in more recent years, by the Mountain-Whisper-Light Statistical Consulting. The Task Force spent time learning how the current consultants have chosen to analyze the data and discussed potential improvements or recommended changes to their methods.

Overall, the group suggested that IDOT and the consultants investigate other available data sources for refining their analyses, including traffic flow and traffic crash data. It was also recommended that the analyses for the Pedestrian Stop Statistical Study better match the analyses for the Traffic Stop Statistical Study, where a more refined population estimate is generated. Law enforcement emphasized that pedestrians from outside their communities may make up a significant portion of their overall stops.

Recommendation Area #3: Data Utilization by Law Enforcement Agencies

The Task Force recognized that the data and analyses generated by IDOT and their consultants must ultimately be acknowledged and understood by law enforcement agencies to have an impact on police behavior. Law enforcement representatives noted that it can be challenging for police administrators to utilize the results in their departments, as the statistically complex format of the findings may not be easily readable.

It was recommended that ICJIA, which is already established in a research capacity, conduct a study identifying challenges for law enforcement for understanding and using this data. This may include data collection challenges and technology barriers. The research should also explain how data generated from these reports can be quickly and easily useful to administrators. Finally, the Task Force recommended that IDOT and the stop study consultants should continue to investigate the utility of an “internal benchmarking” method, where officers would be compared with similar officers in their department for signs of biased policing.

Recommendation Area #4: Modifications/Additions to Public Reports

The group spent time discussing how traffic and pedestrian stop data are presented to the public. Some consumers may find it difficult to access the reports and understand the content. The Task Force recommended use of multiple formats in data presentation. This may include charts, figures, and explanations of the data. Finally, developing an interactive dashboard of the data would allow users to filter and compare what is available without the need for special software or statistical experience.

Recommendation Area #5: Additional Research and Analysis

Beyond expansion or alteration of the current methods of analyses, the Task Force also discussed additional research efforts that may be useful to enhance utilization of stop study information, as well as suggestions to increase the accuracy of the data collection. First, the group recommended that IDOT should consult with persons who are lesbian, gay, bisexual, transgender, or queer/questioning (LGBTQ+) regarding inclusion of other gender categories to the forms. While the intent of the study is to capture officers’ perceptions and not persons’ identities, the group acknowledged that third gender categories are being added in other states and to driver’s licenses.

The Task Force also recognized that guidelines for pedestrian stop reporting do not allow for capture of every pedestrian stop that occurs. It was recommended that IDOT examine how often certain types of pedestrian stops, such as those that are non-consensual but do not involve a frisk, are occurring. The City of Chicago may already be collecting this data, but other municipalities may benefit from a more detailed examination.

Recommendation Area #6: Other Suggestions

Finally, the Task Force recognized that the recommendations in this report will ultimately impact the workload of law enforcement who are responsible for collecting this data. Thus, the group recommended that law enforcement funding be expanded to offset costs of additional software and training based upon these recommendations.

Conclusion

The collection and analysis of traffic and pedestrian stop data plays an essential role in determining the existence and extent of racial disparity in police practice. For communities, having access to clear and understandable data can address concerns regarding racial profiling and guide areas for reform. For law enforcement, accurate data can help police leadership target problem areas or officers and implement better training and accountability. It is recognized that although the needs and resources of law enforcement and communities may differ, continuously improving the data available will enhance the legitimacy of policing and create a first step in restoring public trust in law enforcement.

Membership in the Traffic and Pedestrian Stop Data Use and Collection Task Force (“Task Force”) was statutorily mandated in the Illinois Traffic and Pedestrian Stop Statistical Study Act (625 ILCS 5/11-212(h)). The roles and/or organizational affiliations of Task Force members, as stated directly in Illinois legislation, are listed below, along with the Task Force member(s) who fulfilled the legislative membership requirement. If the member did not serve on the Task Force during the entire time period covered in this report, September 2020 to March 2022, the dates of service are noted.

Two academics or researchers who have studied issues related to traffic or pedestrian stop data collection and have education or expertise in statistics:

Jack McDevitt (Chair), Professor of Criminology and Director of the Institute on Race and Justice, Northeastern University

Felipe Goncalves, Assistant Professor of Economics, University of California – Los Angeles

One professor from an Illinois university who specializes in policing and racial equity:

Tyrone Forman, Professor of Sociology and African American Studies, University of Illinois – Chicago

One representative from the Illinois State Police:

Isaiah Vega, Deputy Director for the Division of Justice Services, Illinois State Police

One representative from the Chicago Police Department:

Sabih Khan, Deputy Chief, Chicago Police Department (September 2020 – December 2020)

Stephen Chung, Commander, Chicago Police Department (March 2021 – March 2022)

One representative from the Illinois Chiefs of Police:

Steven Stelter, Chief, Indian Head Park Police Department (September 2020 – March 2021)

Karl Walldorf, Chief, Lake Forest Police Department (June 2021 – March 2022)

One representative from the Illinois Sheriffs Association:

Jim Kaitschuk, Executive Director, Illinois Sheriffs’ Association

One representative from the Chicago Fraternal Order of Police:

Daniel Gorman, Second Vice President, Fraternal Order of Police, Chicago Lodge #7

One representative from the Illinois Fraternal Order of Police:

Keith Turney, Second Vice President, Illinois Fraternal Order of Police

The Executive Director of the American Civil Liberties Union of Illinois, or his or her designee:

Khadine Bennett, Director of Advocacy and Intergovernmental Affairs, American Civil Liberties Union of Illinois

Five representatives from different community organizations who specialize in civil or human rights, policing, or criminal justice reform work, and that represent a range of minority interests or different parts of the State:

Teresa Haley, President, NAACP Illinois State Conference & Springfield Branch NAACP

Ciera Bates-Chamberlain, Executive Director, Live Free Illinois

Fred Tsao, Senior Policy Counsel, Illinois Coalition for Immigrant and Refugee Rights

Esther Franco-Payne, Executive Director, Cabrini Green Legal Aid (September 2020 – June 2021)

Steven Fus, Interim Executive Director, Cabrini Green Legal (September 2021 – December 2021)

Aisha Edwards, Executive Director, Cabrini Green Legal Aid (March 2022)

Desmon Yancy, Coordinator, Grassroots Alliance for Police Accountability