Under a new state administrative rule, police officers will be required to collect and submit information regarding the frequency of traffic stops where vehicles are driven or occupied by racial minorities.

The goal of this administrative rule is to determine if officers disproportionately stop vehicles operated by racial minorities, according to Tami Jackson, spokesperson for the state Office of Justice Assistance.

“The overwhelming majority of officers are honest and hardworking,” Jackson said. “However, there is a perception out there that some officers are illegally using their discretion (in traffic stops).”

Jackson said this rule, created in the 2009-11 state biennium budget, is not sudden but rather a culmination of more than 10 years of work from the state.

In 1999, Jackson said former Gov. Tommy Thompson created a task force on racial profiling and, in 2007, Gov. Jim Doyle created a racial disparity oversight commission to assess the extent of racial disparities.

“It’s been a long time coming,” said American Civil Liberties Union of Wisconsin Executive Director Chris Ahmuty. “I think everyone agrees there is a bias in policing to some extent in Wisconsin.”

However, according to Jackson, Wisconsin is not the only state addressing race issues.

“Wisconsin is far from alone in voluntary monitoring,” Jackson said. “Racial profiling is already on the books in at least 25 other states, and only four states aren’t collecting data at all.”

She added it is hard to maintain an unbiased view of the justice system when an individual feels as though they are being singled out based on something unrelated to their behavior.

“Suspicion is not probable cause,” Jackson said. “Data has no opinion, though, so it’s a way to assess whether or not there is an issue going on.”

Jackson said the OJA hopes the administrative rule will go into effect by Jan. 1, 2011, but the OJA must first outline the circumstances under which officers will collect the data, the process and format to submit the data.

Then, Jackson said the OJA will submit a draft of the plans to carry out the new rule to the Legislative Reference Bureau, which will hold a public hearing on the rule next March.

Jackson said she hopes the state will formally adopt the draft of the plans before the end of this legislative session.

Although the rule would not mandate specific follow-up procedures, Ahmuty said he thinks it will encourage those in police department managerial positions to address the issue within their own units.

To begin the process, Jackson said OJA is holding public listening sessions across the state to hear citizens’ opinions.

Madison Police Department spokesperson Joel DeSpain said the MPD already complies with this rule.

“It is a priority for us and has been on our radar for some time now,” DeSpain said. “Our chief (Noble Wray) has been in support of all this, and it’s important to make sure we are functioning properly.”