Weekly Update & AnalysisThe Brooks
Bawden Moore Weekly Update and Analysis highlights recent and planned congressional activities including hearings, floor action, and new bill introductions that relate to public safety, justice, and homeland security matters. Please let us know if you would like to know more about any of the items described in the update. Additionally, please feel free to distribute this product as you see fit.
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Week in Recap This week, Congress kicked off the 2025 budget process with public hearings with department and agency heads to discuss the Administrations FY 2025 budget requests. DHS Secretary Alejandro Mayorkas, FBI Director Chris Wray, and US Capitol Police Chief Tom Manger all appeared on Capitol Hill to take tough questions and highlight key initiatives. Congress will continue these hearings in
the coming weeks and months, with the Attorney General and Head of FEMA appearing next week. In
related news, House Republicans voted to replace Appropriations Committee Chair Kay Granger (R-TX) with Rep. Tom Cole (R-0K), after Granger notified the caucus of her desire to step down in anticipation of her retirement in January. You can read more about this development here. The Law Enforcement, Intelligence and Counterterrorism Subcommittee of the House Committee on Homeland Security advanced a trio of
bills aimed at addressing the issue of transnational repression, with the goal of creating a new dedicated program office at DHS and developing new training opportunities for state and local law enforcement. The Senate Judiciary Committee hosted Director Hugh Clements for an oversight hearing of the Office of Community Oriented Policing Services. You can read the Director’s written testimony here. House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce,
Science and Transportation Chair Maria Cantwell (D-WA) unveiled the American Privacy Rights Act, a comprehensive, landmark data privacy bill. The American Privacy Rights Act would establish national consumer data privacy rights and set standards for data security, eliminating the existing patchwork of state comprehensive data privacy laws. Upon initial review, some of the same concerns law enforcement has about the negative impact on investigative tools under the American Data Privacy Protection
Act (ADPPA) are relevant with this new bill. You can read the draft text and section by section summary at our blog here. The House passed the Missing Children’s Assistance Reauthorization Act, approving close to $50 million dollars annually through FY2028 for programs which provide federal coordination of state and local efforts to recover and support missing and exploited children. Funding would also be
directed to the National Center for Missing & Exploited Children. You can read more about the legislation at our blog here. Despite all of this activity, much of the focus of this week has been on Section 702 of the Foreign Intelligence Surveillance Act. The FBI’s authorities to conduct electronic surveillance of foreign targets is set to expire on April 19th. Leadership of the House Judiciary Committee and
House Intelligence Committee's have led rigorous debate over proposed reforms . The matter has led to divisions within the House along unconventional lines, as progressive and conservative members have aligned themselves with various reform initiatives. Ultimately, the House moved forward with and approved a two-year reauthorization that makes several significant reforms to the program. The House added an amendment to expand authorized surveillance of international narcotics trafficking operations but rejected the amendment that would have required a warrant to query records of US based persons
communicating with targeted foreign persons. Finally, House leadership scrapped a plan to allow the Fourth Amendment is Not for Sale Act to be voted on as an amendment to FISA reauthorization. Instead, they have signaled that they will bring the bill to the floor as a standalone next week. Law
Enforcement has been speaking out on the bill, concerned that it would restrict access to critical investigative information that is utilized every day to combat violent crimes. Please see the section below that outlines law enforcement opposition to the bill. |
Law Enforcement Speaks Out on Concerns with the Fourth Amendment is Not for Sale Act This week, the House unanimously approved legislation to reauthorize the Missing Children's Assistance Act, an important bill to help recover missing children and combat child exploitation. At the same time, Congress is planning to vote on the Fourth Amendment is Not for Sale Act to take away
some of the tools law enforcement uses to investigate and solve crime. Sheriff Grady Judd, Sheriff of
Polk County, Florida, made a video explaining the consequences of this legislation in our communities. You can view the video here. Letters were sent to the Hill by the Association of State Criminal Investigative Agencies (ASCIA), Federal Law Enforcement Officers Association (FLEOA), National Association of Police Organizations (NAPO), National District Attorneys Association (NDAA), National Fusion Center
Association (NFCA), National Narcotic Officers’ Associations’ Coalition (NNOAC), National Sheriffs’ Association (NSA), Major Cities Chiefs Association (MCCA), Major County Sheriffs of America (MCSA), and the Sergeants Benevolent Association of the NYPD (SBA) expressing concern that the FANFSA would restrict law enforcement’s access to critical investigative information that is utilized every day to combat violent and serious crimes such as
murder, kidnapping, drug trafficking, human trafficking, child sexual exploitation, terrorism, and threats of mass violence. The law enforcement group letters expressing concerns with these bills are available here and here. Key concerns are outlined below: - This bill
would make it harder for local, state, and federal law enforcement to investigate crime.
- The bill was drafted without consulting law enforcement experts whose work would be directly impacted.
- Imposing a probable cause requirement when the Constitution does not compel it will prevent law enforcement from identifying and pursuing irreplaceable investigative leads.
- The data this bill would
restrict is most useful after a crime occurs but before solid leads have been developed and probable cause can be demonstrated.
- The information this bill restricts serves as the building blocks of probable cause, which are then used to obtain a warrant where appropriate as an investigation progresses.
- This bill would delay or prevent law enforcement’s ability to aid victims, solve crimes, illuminate and investigate
drug trafficking networks, and intervene during overt threats of mass violence.
BBM posts timely and regularly on topics of
interest to the public safety community. Email a member of the BBM team today to get new content delivered directly to your inbox. Blog Posts of the Week |
Hearings This Week- US Senate Caucus on International Narcotics Control
- House Transportation and Infrastructure Committee
- Department of Homeland Security Subcommittee of the House Appropriations Committee
- Senate Judiciary Committee
- Legislative Branch Subcommittee of the House Appropriations Committee
- Water and Power Subcommittee of the Senate Energy and Natural Resources Committee
- Department of Homeland Security Subcommittee of the House Appropriations Committee
- Commerce, Justice, Science and Related Agencies Subcommittee of the
House Appropriations Committee
Hearings Next Week - House Homeland Security Committee
- National Security, the Border, and Foreign Affairs Subcommittee of the House Oversight and Accountability Committee
- Commerce, Justice, Science, and Related Agencies Subcommittee of the House Appropriations Committee
- Department of Homeland Security Subcommittee of the House Appropriations Committee
- Senate Judiciary Committee
- Department of Homeland Security Subcommittee of the House Appropriations Committee
- Privacy, Technology, and the Law Subcommittee of the Senate Judiciary Committee
- Innovation, Data, and Commerce Subcommittee of the House Energy and Commerce Committee
- House Education and the Workforce
- Counterterrorism, Law Enforcement, and Intelligence Subcommittee of the House Homeland Security Committee
- Commerce, Justice, Science, and Related Agencies Subcommittee of the Senate Appropriations Committee
- Senate Indian Affairs Committee
- Senate Homeland Security and Governmental Affairs Committee
Senate House - S. 2051
- Bill Title and
Description: Missing Children’s Assistance Reauthorization Act. This legislation renews funding for the Missing Children’s Assistance Act (MCAA) through Fiscal Year 2028 and updates the statute concerning the National Center for Missing & Exploited Children (NCMEC).
- Status: Passed Senate. Passed House (Unanimously)
- H.R. 7888
- Bill Title and Description: Reforming Intelligence and Securing America Act. This bill overhauls and reauthorizes electronic surveillance authorities under the Foreign Intelligence Surveillance Act for two years.
- Status: Passed House 273-147
New Bill Introductions- H.R. 7959
- Sponsor: Meuser, Daniel [Rep.-R-PA-9]
- Summary: This bill would establish that aliens who have committed squatting be ruled inadmissible and deportable.
- H.R. 7957
- Sponsor: Rep. Luna, Anna Paulina [R-FL-13]
- Summary: This bill would increase criminal penalties for crimes against children.
- H.R. 7956
- Sponsor: Rep. Luna, Anna Paulina [R-FL-13]
- Summary: This bill would require mandatory minimums for sexual abuse crimes.
- H.R. 7955
- Sponsor: Rep. Luna, Anna Paulina [R-FL-13]
- Summary: This bill would increase penalties for child pornography.
- H.R. 7951
- Sponsor: Green, Mark E. [Rep.-R-TN-7]
- Summary: This bill would prohibit transportation of any alien using certain methods of
identification.
- H.R. 7949
- Sponsor: Garcia, Sylvia R. [Rep.-D-TX-29]
- Summary: This bill aims to combat the sexual exploitation
of children by supporting victims and promoting accountability and transparency by the tech industry.
- H.R. 7945
- Sponsor: Rep. D'Esposito, Anthony [R-NY-4]
- Summary: This bill would provide a definition of antisemitism for the enforcement of covered civil rights laws.
- S.4112
- Sponsor: Booker,
Cory A. [Sen.-D-NJ]
- Summary: This bill aims to provide protections from prosecution for drug possession to individuals who seek medical assistance when witnessing or experiencing an overdose.
- H.R. 7921
- Sponsor: Rep. Manning, Kathy E. [D-NC-6]
- Summary: This bill would require DHS, DOJ and the National Counterterrorism Center to conduct an annual joint assessment of the threat from antisemitism, to boost personnel and resources to the FEMA office managing the Nonprofit Security Grant Program, and other reforms.
- S.4104
- Sponsor: Sen. Grassley, Chuck [R-IA]
- Summary: This bill aims to improve the availability of records to the National Instant Criminal Background Check System, among
other reforms targeting gun violence and mental illness.
- H.R. 7909
- Sponsor: Mace, Nancy [Rep.-R-SC-1]
- Summary: This
bill would establish that aliens who have been convicted of or who have committed sex offenses or domestic violence are inadmissible and deportable.
- H.R. 7890
- Sponsor: Walberg,
Tim [Rep.-R-MI-5]
- Summary: This bill would strengthen protections relating to the online collection, use, and disclosure of personal information of children and teens.
- H.R.
7888
- Sponsor: Lee, Laurel M. [Rep.-R-FL-15]
- Summary: This bill would reform and reauthorize the Foreign Intelligence Surveillance Act.
- S. 4091
- Sponsor: Rosen, Jacky [Sen.-D-NV]
- Summary: This bill would require DHS, DOJ and the National Counterterrorism Center to conduct an annual joint assessment of the threat from antisemitism, to boost personnel and resources to the FEMA office managing the Nonprofit Security Grant Program, and other reforms.
Community and Client News
New Funding Opportunities Open
Now! COPS Hiring Program (CHP) The 2024 COPS Hiring Program is a competitive grant program designed to provide funds directly to law enforcement agencies to hire new or rehire existing career law enforcement officers to increase their community policing capacity and crime prevention efforts. All local, state, territorial, and tribal law enforcement agencies that have primary
law enforcement authority are eligible to apply. Up to $156 million is available for this program. Applications are due by June 12, 2024 at 4:59 PM ET. Please click here for more information on the 2024 COPS Hiring Program.
Community Policing Development (CPD) – Law Enforcement Products and Resources CPD is a competitive grant program designed to advance the practice of community policing by providing
guidance on promising practices through the development and testing of innovative strategies; building knowledge about effective practices and outcomes; and supporting new, creative approaches to preventing crime and promoting safe communities. The CPD – Law Enforcement Products and Resources program will fund projects that develop products and resources specifically designed for national distribution that offer creative ideas to advance crime fighting, community engagement, problem
solving, or organizational changes in support of community policing. All for-profit (commercial) and nonprofit institutions, institutions of higher education, community groups, and faith-based organizations are eligible to apply, and up to $4.75 million is available for this program. Applications are due
by June 4, 2024 at 4:59 PM ET. Please click here for more
information on the 2024 CPD – Law Enforcement Products and Resources program.
NamUs Fiscal Year 2022 Annual
Report This annual report summarizes the NamUs program highlights that occurred during the 2022
government fiscal year (October 1, 2021 – September 30, 2022). It details metrics collected and analyzed from activities ranging from case entries, forensic service requests received and completed, workload of key program staff, and general programmatic updates. In 2003, the National Institute of Justice (NIJ) began funding major efforts to maximize the use of DNA technology in the criminal justice system, including in the investigation of missing and unidentified person cases. By 2005, NIJ expanded its efforts with the “Identifying the Missing Summit,” where criminal justice practitioners,
forensic scientists, policymakers, and victim advocates defined major challenges in investigating and solving missing and unidentified decedent cases. As a result of that summit, the Deputy Attorney General created the National Missing Persons Task Force, which identified the need to improve access to information that would help solve missing and unidentified person cases. The National Missing and Unidentified Persons System (NamUs) was created to meet that need. The NamUs database is comprised of both active and archived missing, unidentified, and unclaimed persons cases. The NamUs program grew to include forensic and analytical services. Professional users include law enforcement
personnel, medical examiners, coroners, death investigators, and other allied forensic professionals. NamUs has grown in scope to include enhancements such identifiers for American Indian/Alaska Native cases, enhanced case mapping, and the offering of forensic genetic genealogy services. NamUs’ growth also includes a linked database for unclaimed persons cases. NamUs supports long-term missing and unidentified human remains case investigations and provides a repository of these cases for professional users, families of missing loved ones, and the public.
Legal Marijuana Is Making Roads Deadlier Opinion| Editorial Board Marijuana legalization is killing a lot of people. Not slowly — though some studies suggest that it may be doing that, too — but quickly, in car crashes. It’s one more symptom of the disastrous rush by lawmakers to capitalize on cannabis sales without doing the hard work needed to keep the public safe. In Canada, which legalized recreational marijuana in 2018, one study found a 475% increase in emergency-room visits for cannabis-related crashes in Ontario between 2010 and 2021. Many more cases likely went undetected, owing to a dearth of reliable testing for driving while high. In the US, the proportion of motor-vehicle fatalities involving cannabis use soared to 21.5% in 2018, up from 9%
in 2000. One analysis found a 10% increase in vehicular deaths, on average, following legalization by states. In California, the increase was 14%; in Oregon, it was 22%. This suggests that more than 1,000 Americans could be dying annually because of marijuana-related accidents — and that’s just in states where legalization has occurred. Given the ease of transporting the drug across state lines, the real number could be far higher. The cause of these deaths isn’t just the drug itself. It’s ignorance. A recent study found that about half of marijuana users thought they were OK to drive 90 minutes after inhaling or ingesting the drug, yet their driving performance in a simulated vehicle was as bad
as it had been after 30 minutes. The best available evidence suggests that people should wait a minimum of four hours before getting behind the wheel; some experts recommend eight to 12 hours. That people don’t know this is the fault of governments, which have rushed headlong into legalization without doing the required research or adopting necessary safeguards. In effect, they’re conducting live experiments on their own citizens. To address this unfolding crisis, voters should hold officials accountable for taking two steps: boosting public awareness and developing better detection
technology. The fight against drinking and driving offers a useful precedent. After widespread government-sponsored campaigns
helped stigmatize such conduct, drunk-driving fatalities were cut in half. Stronger enforcement also played a part. For a long time, roadside tests were limited to walking in a straight line and other basic exercises. The advent of Breathalyzers made drinkers think twice before getting behind the wheel. So far, marijuana users don’t face the same disincentive, partly because the technology for roadside testing isn’t as reliable or widespread as it should be. Governments can help overcome this hurdle by supporting basic scientific research into such tools. Fear of arrest is a powerful
public-policy lever — that’s why police departments often announce drunken-driving spot checks in advance — but right now, many drivers are getting high with impunity, and the public is paying a high price. A pharmacologist who has studied the effects of marijuana offered a grim assessment of the state of road safety. In Colorado, where he teaches, traffic fatalities rose by 16% after the drug was legalized, according to one study. “When I’m on the road,” he says, “I assume everybody’s stoned.” Increasingly, that’s a reasonable assumption. Of the many egregious mistakes governments have made in legalizing marijuana — including ignoring the drug’s impact on youth brain development, which could be damaging an entire generation
— failing to take road safety seriously is among the worst. Until it’s addressed, many more people will be killed, and their families left to wonder what their elected leaders were smoking.
Police Executive Research
Forum Upcoming Webinar Using Community-Based Strategies to Drive Down Violent
Crime: The DOJ Roadmap and How to Receive Free TTA In recent years, communities across the country have experienced substantial increases in gun violence. While some cities have made progress in reducing these crimes, pressing concerns remain for residents, community and business
leaders, law enforcement and city officials, prosecutors, public health providers, and more. In response to these concerns, the United States Department of Justice launched the Violent Crime Reduction Roadmap (Roadmap) to provide local jurisdictions’ multidisciplinary stakeholder groups with a one-stop shop for resources and assistance in implementing strategies to address violent crime, especially community gun violence. The Police Executive Research Forum is hosting a webinar on Thursday, April 18, from 1:00-2:00 p.m. EDT to illustrate how jurisdictions have successfully reduced crime by implementing strategies in alignment with the Roadmap’s 10 essential actions. PERF will also share how we can arrange no-cost training and technical assistance to jurisdictions on implementing
similar strategies tailored to their community’s specific needs. Confirmed Speakers: - Chuck Wexler, Executive Director, PERF
- Willie Barney, CEO, Omaha Empowerment Network
- Todd
Schmaderer, Chief, Omaha Police Department
- Shantay Jackson, Violence Reduction Project Manager, National Institute for Criminal Justice Reform
- Jeffrey Norman, Chief, Milwaukee Police Department
- Rachel Santos, Ph.D., Professor, Radford University – Department of Criminal Justice
Funding
Webinar: FY24 Collaborative Crisis Response and Intervention Training Program FY24
Collaborative Crisis Response and Intervention Training Program Webinar Wednesday, April 17, 2024, at 12 p.m. ET Speakers: Tammy Lovill, State Policy Advisor, BJA Deirdra Assey, Policy Advisor,
BJA Rachel Jensen, IACP During this webinar, the Bureau of Justice Assistance (BJA) and International Association of Chiefs of Police (IACP) will provide information about the FY24 Collaborative Crisis Response and Intervention Training Program solicitation and how to apply. This program supports law enforcement, correctional officers, probation and parole, and sheriff’s departments in
effectively partnering with mental health, substance use, and community service professionals and agencies to promote public safety and make sure that appropriate responses are provided to individuals in crisis who have behavioral health conditions, intellectual disabilities, developmental disabilities, physical disabilities, and/or traumatic brain injuries.
Seventh
Annual Attorney General’s Award for Distinguished Service in Community Policing The Attorney
General’s Award for Distinguished Service in Community Policing recognizes individual state, local, or tribal sworn rank-and-file police officers, deputies and troopers for exceptional efforts in effective policing. The awards will be presented by the Attorney General at a ceremony honoring the recipients in Washington, D.C., at the Great Hall of the Robert F. Kennedy Justice Department Building. Eligible candidates must be in a nonsupervisory position at the time the activities/programs/initiatives for which they are being nominated took place. The winning officer(s), deputy(ies) and/or
trooper(s) will have demonstrated active exceptional performance in one of three areas: - Innovations in Community Policing
- Criminal Investigations
- Field Operations
Nominations for the Seventh Annual Attorney General’s Award for Distinguished Service in Policing will remain open until Monday, May 6, 2024, at 8:00 p.m. EST.
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Council on Criminal Justice
Releases New Findings on Racial Disparities in State Imprisonment The Council on Criminal Justice
today released a comprehensive package of new research examining racial disparities in state imprisonment. Collaborating with Georgia State University and the Crime and Justice Institute, CCJ assessed the impact of sentencing reforms on disparity trends in 12 states, examined imprisonment trends among female populations, and explored challenges in the measurement of Hispanic disparities.
Following on previous analyses that documented a 40% drop in the Black-White imprisonment disparity
between 2000 and 2020, researchers examined more than 700 statutes adopted in 12 states between 2010 and 2020, seeking to understand how sentencing reforms might have influenced the reduction. The analysis found that the sentencing reforms had negligible impacts on reducing disparities, and instead largely codified earlier changes to enforcement, policing, charging, and sentencing practices. In addition, many sentencing law changes that took effect during the study period addressed fairly
infrequent crimes and, therefore, had a minimal effect on disparity. The multi-state report is accompanied
by in-depth analyses for each of the 12 study states—Arizona, California, Colorado, Florida, Georgia, Illinois, New York, North Dakota, Pennsylvania, South Carolina, Texas, and Utah.
Examining female prison populations, the researchers found significant decreases in disparity between White women and Black and Hispanic women in the first two decades of the century. By 2020, Hispanic women were less likely than White women to be in state prison; the Black-White imprisonment disparity for
women fell by 71%, to 1.8-to-1, exceeding the drop for men. A final analysis looked at imprisonment disparity between Hispanic and White adults. It documented a disparity decline between 2000 and 2020, but determined that the precise size of the drop is unclear because of a conflict in data and differences
in how race and Hispanic ethnicity are measured.
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Foreign terrorists targeting US 'increasingly concerning': FBI director
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Foreign adversaries and terrorist groups are sharpening their aim at the United States -- targeting cyber operations, security and "mafia-like" tactics in an "increasingly concerning" way, FBI Director Christopher Wray said in a speech on Tuesday.
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Companies line up to undercut key data privacy law
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A pioneering law in New Jersey that protects the privacy of law enforcement officials could soon come under fire from a coalition of businesses that want to loosen up the new rules, according to an audio recording provided to POLITICO.
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Many 911 call centers are understaffed, and the job has gotten harder
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Nationally, there's a push to reclassify 911 professionals as first responders, rather than the clerical classification currently used by the Bureau of Labor Statistics. Several states have already passed legislation to reclassify the role, and a bill was
introduced in Congress in December. Advocates say the bill would increase respect for the job and allow for more benefits like mental health support.
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Elk Grove police drones will respond to emergency situations before officers do
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The Elk Grove Police Department will soon use drones to respond to emergencies more quickly. The department has been using drones since 2019, but those had to be operated by officers already at the scene of the emergency. Now, the department will be flying a
new type of drone that can be controlled from inside its headquarters, and they can be launched within seconds of a 911 call coming in.
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The Role of AI in Public Safety: Enhancing Proactive Security and Surveillance Methods
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When a threat to public safety surfaces, every second counts. Lives can be lost if the people and systems responsible for protecting public spaces are slow to identify problems, inefficient in their response, or unclear in how they communicate.
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AI-Generated Child Exploitation Imagery Surge Prompts Law Enforcement and Legal Systems to Adapt
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As law enforcement agencies around the world grapple with the rapid proliferation of artificial intelligence (AI)-generated child pornography, authorities are sounding the alarm about the sharp increase in such illicit content and the profound challenges it
poses to both policing and legal frameworks.
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What Does Law Enforcement Really Think About Digital IDs?
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While many states have rolled out digital ID programs, the number of law enforcement agencies who accept them remains limited. One agency shared with Government Technology the challenges and successes they’ve experienced conducting traffic stops with users
of digital wallets.
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The Biden Administration Announces Rule That Will Require More Background Checks on Gun Buyers
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Thousands more firearms dealers across the United States will have to run background checks on buyers when selling at gun shows or other places outside brick-and-mortar stores, according to a Biden administration rule that will soon go into effect.
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National Police Week Washington, DC — May 11.- Mar. 16 ,2024 | | |
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National Association of Police Organizations TOP COPS Award Dinner/Legislative Update Washington, DC — May 12.- Mar. 14 ,2024 | | |
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2024 IACP Technology Conference Charlotte, NC — May 21.- May 23 ,2024 | | |
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Small & Rural Law Enforcement Executives’ Association Annual Conference Petersburg, VA — July 29.- July 31 ,2024 | | |
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American Correctional Association's 154th Congress of Correction Nashville, TN — Aug 15.- Aug 18 ,2024 | | |
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2024 NAGIA World Gang Summit Lexington, KY— Sep 30.- Oct. 3 ,2024 | | |
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