DM 06.15 - Bias-Motivated Crimes.pdf

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 06.15 Title: BIAS-MOTIVATED CRIMES Approved By: Nick Metz, Chief of Police Effective: 09/01/1998 Revised: 09/29/2015 Associated Policy: References: C.R.S. 18-9-121; 18 U.S.C. § 249 Review: Investigations Bureau Commander 6.15 Page 1 of 3 BIAS-MOTIVATED CRIM...

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 06.15 Title: BIAS-MOTIVATED CRIMES Approved By: Nick Metz, Chief of Police Effective: 09/01/1998 Revised: 09/29/2015 Associated Policy: References: C.R.S. 18-9-121; 18 U.S.C. § 249 Review: Investigations Bureau Commander 6.15 Page 1 of 3 BIAS-MOTIVATED CRIMES It is the policy of the Aurora Police Department that it is the right of every person, regardless of actual or perceived race, gender, age, color, ancestry, religion, national origin, physical or mental disability or sexual orientation and gender identity to be secure and protected from fear, intimidation, harassment and physical harm caused by the activities of individuals and groups. Any acts or threats of violence, property damage, harassment, intimidation or other crimes designed to infringe upon these rights are viewed very seriously by this agency. Also, such acts may generate fear and concern among victims and the public, and have the potential of recurring. The correct reporting and investigation of bias-motivated crimes may unveil patterns of conduct that may escalate tensions within the Community. Each member must be sensitive to the feelings, needs and fears that may be present in the community because of incidents of this nature. 6.15.1 Definitions (a) Bias-motivated Crime: Any unlawful action designed to frighten, harm, injure, intimidate or harass an individual or group, in whole or in part, because of a bias motivation against the actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, gender, gender identity or sexual orientation of the victim(s). Bias-motivated crimes are not separate, distinct crimes, but rather traditional offenses motivated by the offender's bias. (b) Bias: A pre-formed negative opinion or attitude toward a group of persons based on their actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, gender, gender identity or sexual orientation (c) Race: A group of persons who possess common physical characteristics genetically transmitted by descent and heredity that distinguish them as a distinct division of humankind. Directive Manual (Revised: 09/29/2015) 06.15 BIAS-MOTIVATED CRIMES 6.15.2 Page 2 of 3 (d) Ethnic Group: A group of persons of the same race or national origin who share common or similar traits, languages, customs and traditions. (e) Religious Group: Any persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being and the moral code of that faith. (f) Sexual Orientation: A person’s actual or perceived orientation toward heterosexuality, homosexuality, bisexuality, or transgender status, (g) Physical or mental disability: A disability as defined in C.R.S. 18-6.5-102(11) which includes all persons who are blind, unable to walk, hear and includes intellectual and developmental disability. Bias-Motivated Crimes A member investigating a report of a crime will notify a supervisor to respond if there is any indication or if the victim believes the incident may be bias-motivated. If it is the perception of the victim that the incident is a bias motivated, then members of this agency will conduct the investigation as a bias motivated crime until deemed otherwise by facts determined during follow-up investigations or by a decision of the prosecuting attorney’s office. The member will indicate this information in his/her report and check the “Bias” block on the face sheet of the electronic report system. The member must also select the correct sub-category under the “Bias” block. 6.15.3 Supervisor Responsibilities When notified of a bias-motivated act, a supervisor will immediately respond to the incident. The supervisor will ensure that the following are accomplished:      Crime Scene Investigators shall be requested to help document the scene and collect evidence. The assistance of the Victim Services Unit will be offered to the victim/s. Upon review and approval of the report, the supervisor will ensure the correct items have been selected under the “Bias” block of the offense report. The Watch Commander, Duty Lieutenant or supervisor will notify the appropriate Duty Captain as well as the District Commander and/or the Investigations Bureau Commander of the incident, as soon as possible. The Commanders, or designee, may authorize detectives to respond to the scene to conduct the investigation. A supervisor or Commander will document the incident by way of the High Priority Notification message system. Directive Manual (Revised: 09/29/2015) 06.15 BIAS-MOTIVATED CRIMES 6.15.4 Page 3 of 3 Reporting Required The "Hate Crime Statistics Act" of 1990 requires that data on “hate” crimes, now generally referred to as bias-motivated crimes, is collected and reported to the FBI. The UCR Section of the FBI has been charged with establishing the guidelines for such collection and reporting. Bias-motivated Crime data will be collected on all such incidents reported to the Aurora Police Department. 6.15.5 Records Unit The UCR/NIBRS Supervisor and Records and Property Section Administrator will be responsible for completing the Federal Hate Crime Incident Report.