Los Angeles Police Department PDF Hate Crime/Incident Guidelines 2021

OFFICE OF THE CHIEF OF POLICE SPECIAL ORDER NO. 26 December 15, 2021 APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON December 14, 2021 SUBJECT: REPORTING INCIDENTS MOTIVATED BY HATRED OR PREJUDICE — REVISED; HATE CRIME/INCIDENT GUIDELINES FIELD NOTEBOOK DIVIDER, FORM 18.44.00 - REVISED; HATE CRI...

OFFICE OF THE CHIEF OF POLICE SPECIAL ORDER NO. 26 December 15, 2021 APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON December 14, 2021 SUBJECT: REPORTING INCIDENTS MOTIVATED BY HATRED OR PREJUDICE — REVISED; HATE CRIME/INCIDENT GUIDELINES FIELD NOTEBOOK DIVIDER, FORM 18.44.00 - REVISED; HATE CRIME RESOURCE PAMPHLET, FORM 15.91.00; AND, HATE CRIME RESOURCE PAMPHLET, FORM 15.91.01 - REVISED; HATE CRIME SUPPLEMENTAL REPORT, FORM 03.01.05 —- REVISED; HATE CRIME/HATE INCIDENT END-OF-THE MONTH REPORT CHECKLIST, FORM 03.01.06 - REVISED; AND, HATE CRIME/HATE INCIDENT DETECTIVE REPORT REVIEW/CRITERIA CHECKLIST, FORM 03.01.08 - REVISED PURPOSE: This Order revises Department Manual Section 4/203.25, Reporting Incidents Motivated by Hatred or Prejudice as well as various hate crime forms, consistent with revisions to California Penal Code Section 422.87 and pursuant to California Assembly Bills 600 and 57. Assembly Bill 600 expands the definition of nationality with respect to a hate crime to include a person’s actual or perceived immigration status. Similarly, Assembly Bill 57 expands religious biased hate crimes to include targeted attacks on symbols of importance or articles considered of spiritual significance in a particular religion. PROCEDURE: I. REPORTING INCIDENTS MOTIVATED BY HATRED OR PREJUDICE — REVISED. Department Manual Section 4/203.25, Reporting Incidents Motivated by Hatred or Prejudice, has been revised. Attached is the revised Department Manual section with the revisions in italics. I. HATE CRIME/INCIDENT GUIDELINES FIELD NOTEBOOK DIVIDER, FORM 18.44.00 - REVISED. The Hate Crime/Incident Guidelines Filed Notebook Divider, Form 18.44.00, has been revised. It is the revised form with the revisions in italics. TIL. HATE CRIME RESOURCE PAMPHLET, FORM 15.91.00; AND, HATE CRIME RESOURCE PAMPHLET, FORM 15.91.01 — REVISED. The Hate Crime Resource Pamphlet, Form 15.91.00 (English), and Hate Crime Resource Pamphiet, Form 15.91.01 (Spanish), have been revised and are attached. HATE CRIME SUPPLEMENTAL REPORT, FORM 03.01.05 — REVISED. The Hate Crime Supplemental Report, Form 03.01.05, has been revised and is attached with the revisions. HATE CRIME/HATE INCIDENT END-OF-THE-MONTH REPORT CHECKLIST, FORM 03.01.06 -REVISED. The Hate Crime/Hate Incident Endof-The-Month Report Checklist, Form 03.01.06, has been revised. It is attached with the revisions in italics. SPECIAL ORDER NO. 26 VI. -2- HATE CRIME/HATE INCIDENT DETECTIVE REPORT REVIEW/CRITERIA CHECKLIST, FORM 03.01.08 - REVISED. The Hate Crime/Hate Incident Detective Report Review/Criteria Checklist, Form 03.01.08, has It is attached with the revisions indicated in italics. been revised. FORM AVAILABILITY: The above forms are available in E-Forms on the Department’s Local Area Network (LAN) and are attached for immediate use and duplication. All other versions of the aforementioned revised forms shall be marked “obsolete” and placed into the divisional recycling bin. AMENDMENTS: This Order amends Section 4/203.25 of the Department Manual. AUDIT RESPONSIBILITY: The Commanding Officer, Audit Division, shall review this directive and determine whether an audit or inspection shall be conducted in accordance with Department Manual Section 0/080.30. Attachments DISTRIBUTION “D” DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 26, 2021 REPORTING INCIDENTS MOTIVATED BY HATRED OR PREJUDICE. 203.25 policy of the Department to safeguard the rights of all individuals irrespective of their race or ethnicity, nationality, immigration status, religion, sexual orientation, gender, gender identity or gender expression, disability (whether temporary, permanent, congenital, and no matter how it is acquired), and/or association with a person or group with one or more of these actual or perceived characteristics. Any acts or threats of violence motivated by hate or bias, including property damage, harassment, intimidation, or other crimes shall be viewed very seriously and given high priority. It is the Hate Crime-Defined. A hate crime is any criminal act or attempted criminal act directed against a person(s), public agency or private institution based in whole or in part on the victim’s actual or perceived race or ethnicity, nationality, religion, sexual orientation, disability, or gender; or, because the agency or institution is identified or associated with a person, or group of an identifiable or perceived race or ethnicity, nationality, religion, sexual orientation, disability, or gender. A “bias” pre-existing negative attitude toward actual or perceived characteristics referenced in California Penal Code Section 422.55 (see characteristics from Hate Crime Definition above). Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, discriminatory selection of victims (i.e., targeting), resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of one’s “own kind,” or a perception of the vulnerability of the victim due to the victim’s perceived protected characteristic, or association with a person who has an actual or perceived characteristic, including — but not limited to — disability or is a gender. A hate crime includes any ¢ willful act that by force or threat of force: Injures, intimidates, interferes with, oppresses, or threatens any other person in the free exercise or enjoyment « of any legal right(s) or privilege(s); or, Defaces, damages or destroys the real or personal property of any other person or entity for the purpose of intimidating or interfering with the free exercise or enjoyment of any legal right(s) or privilege(s), in whole or in part because of one or more of the actual or perceived characteristics of the victim, or the victim’s association with a person as listed in subdivision (a) of Section 422.55 (see characteristics from Hate Crime Definition above). DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 26, 2021 Statutory Definitions. California Penal Code Section 422.56 further defines the below characteristics and circumstances: “Victim’ includes but is not limited to, a person, individual, family, group, entity, community center, educational facility, office, meeting hall, place of worship, private institution, public agency, library, or other victim or intended victim of the offense. ‘Association with a person or group with [the] actual or perceived characteristics,’ includes advocacy for, identification with, or being on the property owned, rented by, or adjacent to the individual, family, community center, educational facility, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person which has, or is identified with the persons who have the characteristics targeted. ‘In whole or in part because of means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the particular result. There is no requirement that the bias be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal. 698 and People v. Superior Court (Aishman) (1995) 10 Cal 735. ‘Gender’ means sex and includes a person’s gender identity and gender expression. ‘Gender expression’ means a person’s related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. ‘Nationality’ includes country of origin, immigration status, including citizenship, and national origin. ‘Race or ethnicity’ includes ancestry, color, and ethnic background. ‘Religion’ includes all aspects agnosticism and atheism. of religious belief, observance “Sexual orientation’ means heterosexuality, homosexuality, and practice and includes or bisexuality. “Disability” includes mental or physical disability, as defined in Section 12926 of the Government Code, regardless of whether said disability is temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 26, 2021 Hate Incident-Defined. against a person(s) based A hate incident is any non-criminal act including words directed on that person’s actual or perceived race or ethnicity, nationality, religion, sexual orientation, disability, or gender that is not punishable under the California Penal Code or Federal law. Hate incidents are differentiated from hate crimes because they do not violate criminal law. Rather, such incidents are generally protected free speech under the First Amendment to the United States Constitution. Hate incidents include, but are not limited to, epithets, distribution places, posting of hate of hate material in public material that does not result in property damage, and the display material on one’s own property. However, if over an extended period of time a person directs numerous bigoted, biased or prejudiced statements to the same person, such a pattern could rise to the level of unlawful criminal of hate of conduct harassment or stalking under certain State laws, including but not limited to California Penal Code Section 646.9 - Stalking. In compliance with California Penal Code Section 422.87, officers shall specifically evaluate the following when investigating a crime or incident of suspected disability-bias: e Whether there is any indication that the suspect was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore “deserving victims,” a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations. e Whether there is any indication that the suspect perceived the victim to be vulnerable and, if so, if this perception in whole or in part, in anti-disability bias. This a suspect targets a person with a particular perceived is grounded, includes, but is not limited to, if disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the suspect’s motivations included bias against persons with the perceived disability of the victim and that the crime shall therefore be reported as a suspected hate crime and not a mere crime of opportunity. In compliance with California Penal Code Section 422.87, when investigating a crime or incident ofsuspected religious-bias, officers shall specifically evaluate whether there were targeted attacks on, or biased references to symbols of importance or articles considered of spiritual significance in a particular religion. Examples of religions and such symbols and articles include, but are not limited to: DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 26, 2021 ¢ ¢ « « « ¢ In Buddhism, statutes of the Buddha; In Christianity, crosses; In Hinduism, forehead markings, known as bindis and tilaks, Aum/Om symbols, and images of deities known as murtis; InIslam, hijabs; In Judaism, Stars of David, menorahs, and yarmulke; and, In Sikhism, turbans, head coverings, and unshorn hair, including beards. The general underreporting of hate crimes, especially anti-disability and anti-gender crimes is an identified issue in California. Underreporting is caused by victims not reporting hate crimes or of factors, including fear of reprisal and the belief that law enforcement will not properly investigate them. The Department recognizes the prevalence of underreporting of hate crimes in the City, and its commitment to vigilantly identify, document, hate incidents due to a number investigate and pursue prosecution of hate crimes is one of its strategic enforcement goals. or “Hatred or Prejudice” need not be the main, sole or a major factor when classifying a crime or incident to be motivated by Hatred or Prejudice. Department personnel will classify reports as motivated by Hatred or Prejudice when evidence of such motivation, whether direct or circumstantial, is present. The bias motivation, Employee’s Responsibilities. A Department employee, either civilian or sworn, who becomes aware of a crime or incident motivated by hatred or prejudice shall: ¢ Investigate the crime or incident in a timely manner directly, or by way the appropriate personnel, entity and/or agency o o e e of notification to if: The employee is personally involved in the incident; or, The employee is made aware of the incident while off duty; Notify the watch commander of the Area of occurrence; Notify Department Operations Center (DOC), Communications Division and document the notification in the related report; e Complete the appropriate incident, crime or arrest report(s) and check the “MOTIVATED BY HATRED/PREJUDICE” box. If the incident does not constitute a specific crime, the Investigative Report (IR), Form 03.01.00, shall be titled “Hate Incident;” e Complete the Hate Crime Supplemental Report, Form 03.01.05; « Complete the Request for Confidentiality Hate Incidents); of Information, Form 03.02.00 (not required for DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 26, 2021 e e Provide the victim with a Hate Crime Resource Pamphlet, Form 15.91.00, and a Marsy’s Law pamphlet; and, Ensure that every available resource, including but not limited to, language interpreters, Crisis Response Teams, information on local advocacy groups, etc., is provided to victims of Hate Crimes and Hate Incidents. Department employees shall also be guided by Training Bulletin Volume XLLX, Issue 12 dated November 2020 and titled, “Foreign Language Interpreters and Resources,” when an individual speaks a foreign language. Investigation by Field Units. Field units assigned to calls or discovering crimes or incidents motivated by hatred or prejudice shall: e e e e Investigate the crime or incident and take appropriate action; Telephonically notify the watch commander of the crime or incident; Request a field supervisor to their location; Complete an IR and/or Arrest Report, Form 05.02.00, on all crimes or incidents motivated by hatred or prejudice and check the "MOTIVATED BY HATRED/PREJUDICE" box; Note: An IR shall be completed whenever an officer becomes aware of any incident, whether criminal or non-criminal, which meets the criteria of an incident motivated by hatred or prejudice. The unwillingness of the victim related to an incident motivated by hatred or prejudice to sign a report, or the absence of a victim to the incident, does not exempt officers from the requirement to complete an IR regarding the incident. e Complete the Hate Crime Supplemental Report and attach it as the last two pages of the IR and/or Arrest Report; of Information (not required for Hate *« Complete the Request for Confidentiality e Incidents); and, Provide the victim with a Hate Crime Resource Pamphlet, and a Marsy’s Law pamphlet. If the circumstances of an incident do not provide the corpus delicti of a specific crime, officers shall complete a short form IR titled “Hate Incident.” In cases where there is no specific crime, officers shall not list persons possibly responsible for the incident as suspects, rather such persons shall be listed in the “Involved Persons” section of the IR. Note: Absent reasonable suspicion of a crime, officers do not have the legal authority to detain persons involved in a hate incident, where the individual is exercising his or her constitutional right to free speech. DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 26, 2021 Note: When investigating a crime, officers should remain mindful that there are, at times, individuals who call the police and make false or ill-informed claims of misconduct about persons they dislike or are biased against (e.g., ethnic and religious minorities, immigrants, disabled individuals, homeless people). California Assembly Bill on September 30, 2020), reiterates the Ralph Civil Rights Act of 1976, whereby it not only prohibits, but also assesses civil and criminal penalties for instances when an individual knowingly and willfully threatens to notify, contacts, or files a false claim with law enforcement personnel in furtherance of his or her bias(es) against another. Therefore, Department personnel must be vigilant 1775 (enacted in their investigations with presumptive victims and witnesses, so as not to engage in bias-motivated detentions, interrogations or arrests. As in all situations, officers are reminded to act professionally and accurately evaluate the facts and risks of each individual case. A biased individual who makes a report to the police can generate accusatory claims by police and outraged denials of wrongdoing by the accused — all of which can lead to unjust outcomes. Watch Commander’s Responsibilities. Upon notification that a crime or incident motivated by hatred or prejudice has occurred, the watch commander shall: « « « « Direct a sergeant to immediately respond to the scene of a crime or incident motivated by hatred, such as where there is major property damage involved, injury to a victim, or vandalism to a house of worship; Notify the DOC, for inclusion of the crime or incident in the Chief of Police 24-Hour Occurrence Log; Notify Criminal Conspiracy Section (CCS), Major Crimes Division (MCD) of any incident involving a place of worship; Review all reports for completeness and accuracy (e.g., hate crime vs. hate incident): o Ensure that the "MOTIVATED BY HATRED/PREJUDICE" box is checked; Ensure that the Hate Crime Supplemental Report is completed; Ensure that the reporting officers have completed the Request for Confidentiality o e« Information, where appropriate; and, Ensure that the victim has been provided a Hate Crime Resource Pamphlet, and a California Attorney General’s Office Marsy’s Law Resource pamphlet. Make an entry regarding the matter Form 15.80.00; in the Watch Commander’s Daily Report, of DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 26, 2021 e of the Watch Commander’s Daily Report entry along with a copy of the Sergeant’s Daily Report, Form 15.48.00, documenting the contact with the victim to the Forward a copy Area Hate Crime Coordinator; « Cause the reports to be distributed as soon as possible of watch; a copy of the via the Records Unit, but no later than the end report to the DOC; and, e Forward ¢ Notify the Community Relations Office (CRO) to liaison with the affected community in the Area. Records Unit’s Responsibilities. Upon receipt of a crime or incident report in which the suspect’s actions were motivated by hatred or prejudice, Area Records Unit personnel shall: e Enter the information into the Consolidated Crime Analysis Database (CCAD); e Ensure that the appropriate crime code for a hate crime report/arrest, or a hate incident has been *« correctly denoted; Denote the appropriate corresponding Modus Operandi (MO) code of 0903 in CCAD for hate crime reports and arrests; of 999 with MO code of 0921 for Hate Incident reports: e Denote the crime code * Denote the appropriate corresponding Bias and Sub Bias MO codes; and, e Distribute the report(s) as soon as possible, but no later than 24 hours after the report is taken. In addition to the established distribution, an extra copy of the IR and Arrest an Report shall be distributed to: 96 o 9 0 1 — 1 Detective Bureau; —CCS, MCD; 1 — Public 1 — Engagement Section (PES), Office of Operations; and, Hate Crimes Coordinator’s investigative designee, Robbery-Homicide Division (RHD). Area Crime and Community Intelligence Center Responsibilities. Area Crime and Intelligence Center personnel shall: e e Community Review all area crime, arrest and follow-up reports to determine whether any incidents were motivated by hatred or prejudice; Verify that the information entered into CCAD for any incident motivated by hatred or prejudice is accurate; e well as the corresponding MO code for a hate crime report/arrest, or a hate incident has been correctly denoted in CCAD; Ensure the appropriate crime code as DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 26, 2021 « e e e Ensure the appropriate enhancement MO Codes for Victim Targeted and Bias have been correctly denoted in CCAD; Notify the assigned investigator to complete a Follow-Up Report, reclassifving the case as a Hate Crime or Hate Incident if needed; Provide Crime Analysis Mapping System (CAMS) browser on hate crime report/arrest or a hate incident to the area Hate Crime Coordinator; and, Verify that all hate crimes and hate incidents are accurately reflected on the area COMPSTAT report based on date of occurrence. Detective’s Responsibilities. A detective assigned to investigate a crime or incident motivated by hatred or prejudice shall: e Contact the victim within 10 calendar days of the crime or incident and assure the victim of the Department’s commitment to identifying the suspect and obtain follow-up information; e Provide the Department Hate Crime Coordinator or his or her designee with a copy reports related to the incident within 10 calendar days e * « of completion; Enter the report information including the victim, suspect and location information into the Department e of all of Justice database; Ifthe crime/incident being investigated not have been motivated by hatred and/or prejudice, complete a Follow-up Investigation, Form 3.14.00, correcting/removing the CCAD MO code related to the hate crime or hate incident; Document any additional information on a Follow-up Investigation, and complete the follow-up within 10 calendar days; Present all felony hate crime investigations in which the suspect is identified to the Los Angeles County District Attorney’s Organized Crime Division, Hate Crime Section and, as appropriate, to the Civil Rights Division, Department of Justice (DOJ), for filing is determined to consideration; and, e Present all misdemeanor hate crime investigations in which the suspect is identified to the Special Trials Unit, Office of the Los Angeles City Attorney, and Civil Rights Liaison, Office of the United States as appropriate, to the Attorney. Area Hate Crime Coordinator’s Responsibilities. The Commanding Officer, Area Detective Division, is the Hate Crime Coordinator (HCC) for his or her command and shall: e Assign a specific detective supervisor to coordinate the investigation of ali hate crimes and incidents for the Area; DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 26, 2021 e Ensure that a specific detective is assigned to investigate each crime or incident and that to each victim including, but not limited to, compliance with the mandated 10 calendar day follow-up; Ensure that each crime or incident is entered into the CCAD properly; Ensure that all hate crimes are entered into the Hate Crime Analysis Evaluation System DOJ database (i.c., HATE database) at the end of the month; Ensure that all hate crimes and hate incidents are placed on the COMPSTAT Profile; Prepare a detailed monthly summary of all hate crimes or incidents on an Intradepartmental Correspondence, Form 15.02.00, and forward the report to the commanding officer, RHD, via the Area commanding officer, within 10 calendar days of the following month. The Intradepartmental Correspondence shall include the number of hate crimes and/or hate incidents for the month, CCAD print outs for the hate crimes and hate incidents, and a DOJ Bias Motivation (Table 1) printout for the current month. an appropriate response is provided « e e e Unredacted and redacted copies of each hate crime and hate incidents shall be attached to the Intradepartmental Correspondence, including investigative reports, arrest reports, e follow-up reports, confidentiality reports, Detective Case Tracking System (DCTS) notes and Watch Commander’s Daily Reports. These reports shall be delivered, faxed and/or emailed to the RHD Hate Crimes Coordinator (HCC); and, Ensure the case has been entered into the DOJ database for each case in their command. Note: The Area HCC shall be responsible for entering all incidents which occur in their Area into the DOJ system regardless of the investigating entity for the incident. Note: Upon receipt of a Follow-up Investigation or investigative determination indicating that a previously reported incident has been determined to not, in fact, have been motivated by hatred or prejudice, that incident shall not be included in the Area’s reporting statistics. The MO code 0921 and 0903 shall be removed from the CCAD. Area Detective Commanding Officer Responsibilities. Area Detective Commanding Officers (CO) shall ensure that misdemeanor and felony Hate Crime arrests and IRs are assigned to the appropriate table for investigation, follow-up andfiling. Area Filing Teams shall not route misdemeanor Hate Crime arrests directly to the City Attorney's Office (CAO); misdemeanor arrests shall be assigned to an investigator for follow-up and filing. Area Detective CO’s shall also ensure: ¢ All Hate Crime investigations and arrests (misdemeanor and felony) shall be assigned to and handled by the corresponding table detectives; * All Hate Crime investigations (misdemeanor and felony) shall be presented to the Attorney's (DA) Office, Hate Crimes Section for filing consideration. District Should the DA’s DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 26, 2021 Office refer the case to the CAO, officers shall re-present the case to the CAO’s Special ¢ Trials Unit for filing consideration; and, The Area Hate Crime Coordinator has been notified and provided with copies should a report be reclassified to, or from, a Hate Crime. Area Commanding Officer’s Responsibilities. The Area commanding officer shall: e Use all available resources in responding to community needs in combating hate crimes and incidents; and, e Review and forward the monthly summary of hate crimes or incidents to the bureau commanding officer within two business days of receiving the monthly summary. Bureau Commanding Officer’s Responsibilities. The bureau commanding officer shall: e e « Review each subordinate command’s monthly summary of hate crimes or incidents; Forward a copy of the monthly summaries to Detective Bureau (DB), CCS, MCD, and RHD within two business days of receiving the reports; and, Initiate a semi-annual inspection to verify the accuracy of each monthly hate crime summary submitted by subordinate commands and forward a copy of the audit to DB. Department Hate Crime Coordinator. The Department HCC is the Commanding Officer of Detective Bureau, or his or her designee. Department Hate Crime Coordinator’s Responsibilities. The Chief of Police has directed the Department HCC to ensure the Department produces and disseminates a Hate Crime Brochure as required by California Penal Code Section 422.87(a)(8) and to ensure that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons. In addition, the Department HCC designee shall: ¢ Provide a quarterly hate crime report to the CO of Detective Bureau and the Department Diversity, Equity and Inclusion Officer (DEIO), e Provide copies Department via of reports and documents to any agencies working in partnership with the a Memorandum of Understanding (MOU); e Provide quarterly training for all Area HCCs; Ensure all hate crime cases are entered into the DOJ hate crime database; « Ensure that copies e Liaise between Department training entities to ensure hate crime training accuracy and ¢ uniformity. of all hate crime reports are forwarded to DOJ; and, DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 26, 2021 Public Engagement Section, Office of Operations Responsibilities. Public Engagement Section shall: « e§ « Continually meet with the public to build and strengthen relationships with the community; = Liaise with the DEIO; Liaise and engage with each communities’ most vulnerable individuals to hate crimes (especially anti-disability and anti-gender hate crimes) and the groups representing those communities, and in-turn inform the Department about the issues and concerns specific to those communities; e Provide the public with information regarding Department policy and enforcement efforts; e Provide the public with information regarding safety, security, and crime prevention; and, e Provide the public with cultural diversity training. In the aftermath of a hate crime or hate incident, PES shall work constructively with segments of the larger community, who have also been impacted. Their focus in those circumstances shall be to: reduce fear, stem possible retaliation, prevent additional hate crimes and encourage any other previously victimized individuals to come forward and report such incidents. Department Operations Center’s Responsibilities. The Department Operations Center (DOC) shall: e Ensure notification has been made to MCD for all hate crimes or incidents involving a « place of worship; Document all hate crimes and hate incidents in the Chief e Notify the Department HCC or his or her designee and forward of Police 24-Hour Occurrence Log; a copy of the report to him or her; and, e Notify the DEIO or his or her designee and forward a copy of the report to him or her. Professional Standards Bureau’s Responsibilities. Professional Standards Bureau shall: e Assume primary investigative responsibility of all criminal personnel alleging a hate crime under Color of Authority while on duty, or occurring within the city limits -- on or off duty; complaints against sworn DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 26, 2021 * e Audit complaints against Department personnel for instances of alleged biased policing and alleged criminal misconduct under Color of Authority pursuant to California Penal Code Sections 149 and 422.6, or Title 18 United States Code Section 242; and, Notify the Chief of Police, Inspector General’s Office and Los Angeles City or District Attorneys’ Offices of all complaints of alleged hate crimes under Color of Authority by sworn personnel. Training Bureau’s Responsibilities. Training Bureau is responsible for providing Department personnel with training pertaining to the distribution of the Hate Crimes Resource Pamphlet. Through the Department’s Learning Management System (LMS) and in conjunction with the Commission on Peace Officer Standards and Training’s (POST) continuing education requirements, personnel are also regularly provided training on State, policy as they relate to hate crime investigations. Federal and Department HATE CRIME/INCIDENT GUIDELINES FIELD NOTEBOOK DIVIDER These guidelines shall be followed for investigations of Hate Crimes and Hate incidents. DEFINITIONS: * HATE CRIME A Hate Crime is any criminal act or attempted criminal act rooted in bias and directed against a person(s), public agency or private institution based in whole or in part on the victirn’s actual or perceived race, ethnicity, nationality, immigration status, religion, sexual orientation, disability, gender, gender identity or gender expression or because the agency or institution is identified or associated with a person or group of an identifiable or perceived race, nationality, immigration status, religion, sexual orientation, disability, gender, gender identity or gender expression. A Hate Crime includes an act which results in injury, however slight; a verbal threat of violence which apparently can be carried out; an act which results in property damage; and property damage or cther criminal act(s) directed against a public or private agency. Notify the Department Operations Center (DOC), Communications Division at (213) 4846700 for inclusion of the crime or incident in the Chief of Police 24-hour occurrence log and document the notification in the related report; Complete the appropriate crime or arrest report(s) and check the “MOTIVATED BY HATRED/PREJUDICE” box; Complete the Request for Confidentiality of Information, Form 03.02.00 (not required for Hate Incidents): Complete the Hate Crime Supplemental Report, Form 03.01.05, and attach it to the IR and/or Arrest Report as the last two pages of the report; If the incident does not constitute a specific crime, the IR shall be titled “Hate Incident:” Collect all evidence including that which verifies motive; and, HATE INCIDENT A Hate Incident is any non-criminal act including words directed against a person(s) based on that person’s actual or perceived race, nationality, immigration status, religion, sexual orientation, disability, gender, gender expression or gender identity that is not punishable under the California Penal Code or federal law. Hatred incidents are differentiated from hate crimes because they do not violate criminal or civil law. Rather, such incidents are generally protected free speech under the First Amendment to the U.S. Constitution. Hate Incidents include, but are not limited to, epithets, distribution of hate material in public places, posting of hate materiai that does not result in property damage, and the display of hafe material on one’s own property. However, if over an extended period of time a person dirécts numerous bigoted, biased or prejudiced statements to the same person, such a paitern of conduct could rise to the level of unlawful criminal harassment or stalking under certain state laws. f. ARRIVAL AT SCENE Determine location/condition *© + of victim; Obtain medical treatment as needed; Determine if suspect is still at scene; Locate and identify witnesses; Request witnesses remain for questioning: and, Determine if a Hate Crime or Hate Incident has occurred. i. INVESTIGATIVE REPORT, FORM 03.01.00 * Investigate the crime or incident in a timely manner; * Interview victims/witnesses 18.44.00 (12/2021) separately: Notify the watch commander, Area of occurrence; Provide support/resources for the victim (Marsy’s Law pamphlet and Hate Crimes Victim Pamphlet). ll. INTERVIEW VICTIMS/WITNESSES * interview victims/witnesses separately; * Establish the elements of the crime and other details relating to who, what, when, where, why and how; and, Questions to consider: Y Do you {victim/witness) perceive the action of the offender to be motivated by bias or bigotry (regardless of the victim’s actual inclusion in that protected group}, why? ¥ Do you think you were targeted, why? ¥ Who do you think is responsible, why? ¥ Were there any offensive symbols, words or acts associated with hate groups used? ¥ Were any biased references made to religious symbols of importance or articles of spiritual significance in the retigion? ¥ Are you the only member (or one of a few) of a protected characteristic who lives in the area? ¥ Have there been any prior incidents? ¥ Has there been any recent public activity that would make you (victim) a target? ¥ Did the suspect carry any literature regarding a particular group? ¥ Did the incident occur on a holiday or day of significance to the victim’s or offender's group? ¥ Did the suspect have tattoos or clothing that stand out in your mind? HATE CRIME/INCIDENT GUIDELINES FIELD NOTEBOOK DIVIDER These guidelines shall be followed for investigations of Hate Crimes and Hate Incidents. Note: Victims may be reluctant to be identified with protected group. Witnesses may fear retaliation and therefore feel fearful or hesitant to get involved. ¥ ¥ a Y IV. IF SUSPECT IS * * TAKEN INTO CUSTODY Prevent communication victim/witnesses; Record spontaneous suspect (many times proud of their actions including statements after the incident, between suspect and statements made by the hate crime suspects will be and anxious to talk) made prior, during, and Administer Admonition of Rights; and, * Y. Questions to consider (oniy after Admonition of Rights}: ¥ Why did you pick this person? How do you feel about this person/group? Did you go looking for this person or group? Did you select the victim at random? ARAN SAAS Do you belong to a group or organization? Are any others involved in the crime? Do they have a mission or agenda directed toward this person or a particular group? Note: In crime reports, Penal Code Section 422.6 or will be identified as additional offenses. The underlying crime {i.e., battery, vandalism, assault) should be listed as the main offense. 422.7 Vil. COMPLETING INCIDENT REPORT (NONCRIMINAL INVESTIGATIONS) * Photograph any evidence that substantiates the motive, e.g., hate graffiti, cross burning, swastikas, suspect's attire, tattoos, etc; Recover weapons and book or photograph; and, * identify, retrieve or photograph other evidence, e.g., bloody clothing, destroyed property, hate material, suspect's attire if appropriate. VI. COMPLETING CRIME REPORT * Complete a Request for Confidentiality of Information, Form 03.02.00; * Title the report according to the criminal violation and add “HATE CRIME’ to the title, e.g., BATTERY/HATE CRIME; * * * * * “MOTIVATED BY HATRED/ PREJUDICE” box in the MO section; = Check the Complete the Hate Crime Supplemental Report, Form 03.01.05, and attach it to the IR and/or Arrest Report as the last two pages of the report; Notify the DOC telephone (213) 484-6700 and enter the name of the person contacted in the notification box: Ensure that elements of all involved crimes are included in the report; and, Document the following in the narrative: “Motivation or the lack of motivation; ¥ Any photographs that were taken; ¥ MT obtained; ¥ ifthe victim and suspect(s) are members or perceived as members of different groups; 18.44.00 (12/2021) Officers shall complete an IR titled "HATE INCIDENT”; include the motivation of the suspect; Check the “MOTIVATED BY HATRED/PREJUDICE’ box in the MO section; * Complete the Hate Crime Supplemental Report, Form 03.01.05, and attach it to the IR and/or Arrest Report as the last two pages of the report; and, * List persons possibly responsible for the incident in the “INVOLVED PERSONS?’ section of the IR as “witnesses”. EVIDENCE * Describe the manner and means of attack: Describe any relevant ongoing neighborhood events: and, Statements or activities prior to and following incident. Note: The unwillingness of the victim of an incident motivated by hatred or prejudice to sign a report, or the absence of a victim to an incident, does not exempt officers from the requirement to complete an IR, Form 03.01.00. Vil. FOLLOW-UP INVESTIGATIONS Watch Commander * Direct a sergeant to immediately respond to the scene of a major crime or incident motivated by hatred such as major property damage involved, injury to victim, or vandalism to a house of worship; * Review all reports for completeness, including the notification to the DOC and cause the reports to be distributed as soon as possible, but no later than the end of watch; Ensure that the correct crime code as well as MO code 0903 for hate crime and 999 non-crime and MO code 0921 are denoted on the report and placed into the Consolidated Crime Analysis Database (CCAD); * * Make an entry regarding the matter in the Watch Commander's Daily Report, Form 15.80.00; Forward a copy of the Watch Commander's Daily Report entry along with a copy of the Sergeant's log documenting the contact with the victim to the Community Police Station Hate Crime Coordinator; and, * Forward a copy of the report to the DOC. HATE CRIME/INCIDENT GUIDELINES FIELD NOTEBOOK DIVIDER These guidelines shall be followed for investigations of Hate Crimes and Hate Incidents. Area Detectives * * * * * * Contact the victim within 10 calendar days of the crime or incident and assure the victim of the Department's interest in identifying the suspect and obtain follow-up information; Document any additional information on a Follow-up Investigation, Form 03.14.00; Present all felony hate crime investigations in which the suspect is identified to the District Attorney Hate Crime Unit and, as appropriate, to the Office of the United States Attorney, Civil Rights Liaison for filing consideration; Present all misdemeanor hate crime investigations in which the suspect is identified to the Special Tria/s Unit, Office of the City Attorney, and as appropriate, to the Office of the United States Attorney, Civil Rights Liaison; Contact appropriate Victim Impact Program Coordinator if applicable per Operations Notice No. 2, dated 5/14/2002: and, Provide the command's Hate Crime Coordinator with a copy of all reports related to the incident within 10 working days of completion. This includes all reclassified reports. Ensure that ifa case is deemed to not be a Hate Crime then the MO code (0903 Hate Crime) shall be removed from the CCAD. POLICY STATEMENTS: The City of Los Angeles values the great diversity of its people and recognizes that a threat against any portion of our community is truly a threat against our diverse way of life. Acts or threats of violence motivated by hatred or prejudice are serious acts, often vicious in nature, which tear at the fabric of our community. These occurrences generate fear and concern among victims as well as the entire community and have the potential of recurring, escalating and possibly causing counterviolence. It is the policy of the Los Angeles Police Department to ensure that the rights of all people, as guaranteed by the Constitutions of the United States and the State of California, are protected. Among those constitutional guarantees is the right of all people to live without fear of attack by or threat from an individual or group due to hatred or prejudice. An act or a threat of viclence motivated by hatred or prejudice threatens this constitutional guarantee and generates fear and concern among victims and the public. When any act motivated by hatred or prejudice occurs, the Department will ensure that it is dealt with on a priority basis and use every necessary legal resource to rapidly and decisively identify the suspects and bring them to justice. 18 44.00 (12/202 E} Los Angeles Police Department HATE CRIME SUPPLEMENTAL REPORT Page of _ DR# Target of Crime (Check all that apply}: Victim Type: Legalname: Individual _| Person (Last, First) Other Names used (AKA): Transgender/Non-Binary/Gender Non-conforming. Private property __] _| Public property Olhier: (Optional) = — -© School, business or organization Nature of Crime (Check all that apply): Name: Address: Faith-based Name: organization ap. Faith: Address: |, Property damage Threat of violence | Property damage - estimated value: “} Type of Bias: Other crime: Actual or Perceived Bias Disability Gender ; Badily injury _ (Check ail characteristics that apply):/ __| |_| _| _ Type: > Victim's Statement Actual bias [Victim actually has the indicated characteristic(s)]. | Perceived bias [Suspect believed victim had the indicated characteristic(s)]. if perceived, explain the circumstances ; - | identity/expression Sexual orientation in narrative portion of Report. Gender W|i Race et Ethnicity ao BKG# . Reason for Bias: Deo you feel you | {| Yes Explain in narrative portion of Report. No Do you know what motivated the suspect to commit this crime? : = 2 . . Yes No Explain in narrative portion of Report. . i] Nationality . were targeted based on one of these characteristics? . Immigration status : : Religion Do you feel you were targeted because you associated yourself with an individual or a group? Significant day of offense (e.g., 9/11, holy days) Yes |_| No Explain in narrative portion of Report. Are there indicators the suspect is affiliated with a Hate Group Association with: (i-e., literature/tattoos)? [| Specify disability (be specific): [| Yes Describe No in narrative portion of Report. Are there Indicators the suspect is affiliated with a criminal street gang? L| Yes |_| Bias Indicators Hate speech _ Describe with exact detail in | ”= Suspect known to victim? | | Property damage Graffiti/spray paint L Symbol used Other: narrative portion of Report. Relationship Between Suspect e 2 (Check all that apply): Acts/gestures Written/electronic communication Describe in narrative portion of Report. No & Victim: | Yes Prior reported incidents with suspect? Total # Prior unreported incidents with suspect? Total # No Length of relationship: If Yes, describe in narrative portion of Report. Restraining orders? Yes If Yes, describe in narrative portion of Report. Type of order: Order/Case #: S Weapon(s} used during incident? Yes No e Weapon(s) booked as evidence? Yes Nature of relationship: Ya i /| No Automated Firearms System (AFS) Inquiry attached to Report? 03.01 05 (12/2021) Type: | Yes No | No Los Angeles Police Department HATE CRIME SUPPLEMENTAL REPORT Page in of DRE Witnesses present during incident? 3 Evidence collected? a PRgtDS faKEre &, | Total # of photos: a Taken by: | | | Yes | Recordings: No Suspect identified: | Video ©| Serial #: _ Shaking | Unresponsive |_| Crying || Scared ° Fearful Ee Agitated me Nervous wi cc Threatening Apologetic [| Booked L__By photo Tattoos Unresponsive Crying Scared Angr gry Fearful _| Calm | Audio SUSPECT Shaking Zz || No ae Known to victim | Angry Yes Field ID D#: Tattoos w [| [|] Statements taken? No Yes ves No VICTIM ° BKG # Calm _ Agitated Nervous Other observations: |_| | |_| _ ee Threatening Apologetic Other observations: ADDITIONAL QUESTIONS {Explain all boxes marked "Yes" in narrative portion of report}: Has suspect ever threatened you? L] Yes _| No Has suspect ever harmed you? || Yes |_| No Does suspect possess or have access to a firearm? _| Yes Are you afraid for your safety? Yes Do you have any other information that may be helpful? Yes Resources offered at scene: a Victim Yes No Suspect Declined medical treatment eS Will seek own medical treatment = No No [| No Type: Paramedics at scene? x o _ Reporting Officer (Name/Rank} | No a — Jail DISPENEA Date Date Serial # No — 03 61 05 (12/2021} Date Serial # —— ——— — _ | Division/Detail Division/Detail | Supervisor Approving (Name/Rank) Unit #: _ — Physician/Doctor: Patient #: Serial # Yes Yes ao Name(sy/ID #: Hospital: Received medical treatment Authorization to Release Medical Information, Form 05.03.00, signed? Reporting Officer (Name/Rank} | | Division/Detail HATE CRIME/HATE INCIDENT END-OF-MONTH REPORT CHECKLIST (For use by the Area Hate Crime Coordinator) {] Intradepartmental Correspondence, Form 15.02.00, to Commanding Officer, RHD [}| e 6 Include the e = Reconcile numbers with the and/or hate inadenis. CCADnumbers for hate crimes (Code 903) and hate incidents (Code 971). Hate Crimes (Code 903) CCAD Printout for the Current Month ® [] number of hate crimes Include even ifno hate crimes were reported during the month. Hate Incidents (Code 921) CCAD Printout for the Current Month ® Jndude even ifno hate inddents were reported during the month. C] Ensure LAPD Hate Crime Codes match DOJ Hate Crime Codes O DOJ Hate CL] Copies of Hate Crime Report Package e [] Crime System Bias Motivation (Table 1) Printout for Current Month Investigative Report andor Arrest Report e Follow-up Investigative Report(s) ® §6Victim'sRequest for e Watch Commander's Confidentiality of Information form Daily Report (with or without the hate crime entry) Copies of Hate Incident Reports Include Follow-up Investigation Report {] (if one was completed or DCTS notes). Email copy of Monthly Hate Crime Report to the Hate Crimes Unit: [email protected] 03.01.06 (12/2021) | | Io snes UNIT pojesIE] pajesiey paseq WIA peseq wy, pajeSie] A Suede] UIOLA UNIS UDA A, UO Set st ‘parnbal spoo selg seig-qng sapos JO] USAW, JO 1Z6O Sapoo si pure ‘pasn [BUOTIIPpe QUOpPDUy (OWED 4H) 318F) OV £060 JO T €S0Z S07 9807 8507 $s0z LS0Z (dno paxijA) Jopuagsuely, gery ZZST AeH-nuy (2]eW) 9¢sT ‘skig ‘Seg JSIUPPNG-WUY “hry ‘stig, 80ST ‘Sr 90ST ‘SET ZIST uy OST ‘stig UBIQsa’ FZST -WUY ‘SEI SEST “HUY ‘SPIG Wajsey SEI FIST Pe[A-AVY Jo UBILOUY [ZST ‘serg ‘seg’ Huy ‘seIg [enxasig-NUy “Wuy SEs LEST GOST ‘Sele “Huy ‘Steg SOST ‘Set LOST “qn "€ “Huy ‘str 6€ST -selg Sol -HUy npuly ‘selg STS] | -MUy ‘Seig £ZST LEST SHOWED “SBI uEsy-HUy “ser £TST uorsipay JENXIS Sunedrey suyassey Jopuan poseq Uo SoyO-Uy WRHSHYS TEST Sele] sm 3) . ay WOT Jaypo-nuy ZEST ‘seig SONA YOA SHdO) FHS AOA AHIR A’INO GV00 — 060 *AGOD 1760 UO plouy AV OW yaa 4o — ed UeYSeyy /UCIpUT hay WSISTISOUS y/WSIayyYy SAB et ISptst) “UoU SZS1 “SBLg YSIMal-WY SIS “SEIT SATEN-OUY 67S SSPIE] UOULOJA-HUY GSE “SULT FORIO-NWY O¢ST ‘sel aydn[nyy-nury OZSE ‘Sle WAM-OUY «SRI [s[-NUy ore O¢ST. 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Hate Crime RESCUESPamphlet Provided to Victim(s) | >Tfnot,| 0 shallmadpamphiet toVictim(s) anddocument onaForm 031400 > Ferward copyefFarm031400toHateCrimes Unit,RHD (213)486-6888 | > Check theappropriate boxontheRequest forConfidentiality Form 03.02 00 HateCrimes only FOR HATE CRIMES ONLY Watch Commander Advised of Hate Crime | BOC Notified >» DGC shallbeadvised ofallhatecrimes > DOC willmakenotifications toCommand Staff,asdeemed appropriate. bseas spi lie rho | Requestfer1 Confientiaty of of Information Form Completed | > fnot completed 1Gshallcomplete oneanddocument onaForm 2314.00 | > Forward copyofFodow-up Investgation Report toHateCrimes Unit,RHD Hate Crime Documented on the Watch Commander's Daily Report, Form 15.80.00 > Forward copyotWatch Commander's DailyReport toHateCrimes Unit,RHD | | Contact or Attempts to Contact Victim within ten (10) Calendar Days Documented in Fcllow-up Investigation | Report. | } — Follow-up Investigation Report Completed within ten (10) Business Days > Forward copyofForm0314OG toHateCrimes Unit,RHD = Hate Crime (Code903)or Hate Incident (code921)and Victim Targeted and Bias cades properly coded? 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