Reporting Incidents Motivated by Hatred or Prejudice 2021 PDF

CHIEF OF DETECTIVES November 19, 2021 N OTICE 1.8 TO: All Concerned Personnel FROM: Chief of Detectives SUBJECT: REPORTING INCIDENTS MOTIVATED BY HATRED OR PREJUDICE 1.~~1►i11►1~1~1.~ BACKGROUND To ensure that all bias motivated crimes, or "Hate Crimes" and "Hate Incidents" are properly rep...

CHIEF OF DETECTIVES November 19, 2021 N OTICE 1.8 TO: All Concerned Personnel FROM: Chief of Detectives SUBJECT: REPORTING INCIDENTS MOTIVATED BY HATRED OR PREJUDICE 1.~~1►i11►1~1~1.~ BACKGROUND To ensure that all bias motivated crimes, or "Hate Crimes" and "Hate Incidents" are properly reported, Department employees shall conduct a thorough investigation and notify a Department supervisor when appropriate. Department Manual Volume 4, Section 203.25 states, "It is the policy of the Department to safeguard the rights of all individuals irrespective of their race or ethnicity, nationality, 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 hatred, prejudice or bias, including property damage, harassment, intimidation, or other crimes shall be viewed very seriously and given high priority." Additionally, all Department employees are reminded that the "targeting" of an individual or community based on race or ethnicity, nationality, religion, sexual orientation, gender, gender identity or gender expression, disability, and/or association with a person or group with one or more of these actual or perceived characteristics, constitutes a hate crime, and in the absence of any crime, constitutes a hate incident. PURPOSE This Notice serves as a reminder to all Department employees of the proper procedures and responsibilities when reporting crimes or incidents motivated by hatred or prejudice. The bias motivation, 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. The court system will determine whether the hatred or prejudice is a substantial factor. Department personnel will classify reports as motivated by hatred or prejudice when there is direct or circumstantial evidence present. As with most crimes and incidents motivated by hatred or prejudice, the damage often extends beyond the immediate impact to the individuals and communities involved, resulting in fear of further victimization among other community members as well. This Notice serves to address common issues observed during hate crime and hate incident investigations. Please refer to Special Order 32, "Reporting Incidents Motivated by Hatred or Prejudice," dated December 17, 2020, for the Department's Hate Crime policy. All Concerned Personnel Page 2 1.8 PROCEDURE I. OFFICER'S RESPONSIBILITIES. Officers investigating crimes or incidents motivated by hatred or prejudice shall: • • • • Investigate the crime or incident in a timely manner; Telephonically notify the watch commander as soon as practicable; Request a field supervisor to the location; Document their findings via an Investigative Report(IR), Form 03.01.00, or Arrest Report, Form 05.02.00, and check the "Motivated by Hatred or Prejudice" box; o Enter the protected characteristic along with the hate crime specific facts into the Modus Operandi(MO)box for coding purposes (i.e., "Suspect called the transgender victim an anti-gay slur"). • Complete the Hate Crime Supplemental Report, Form 03.01.05; • Complete the Request for Confidentiality of Information, Form 03.02.00, where appropriate; • Provide a Hate Crime Resource Pamphlet, Form 15.91.00, and a California Attorney General's Office Marcy's Law Resource Pamphlet to the victim(s); and, • Ensure the correct Uniform Crime Reporting(UCR)Crime Class(CC)Code is entered on the IR face sheet to correspond with the underlying crime (i.e., ADW/ Hate Crime - UCR CC 230) or enter 999(non-crime)for hate incidents. II. SUPERVISOR'S RESPONSIBILITIES. A supervisor assigned to the scene of an incident motivated by hatred or prejudice shall document his or her response and actions on a Sergeant's Daily Report, Form 15.48.00. The supervisor shall: Immediately respond to the scene; Ensure that an IR, and/or Arrest Report, along with the Hate Crime Supplemental Report, and Request for Confidentiality of Information(where appropriate} are completed on crimes or incidents motivated by hatred or prejudice; and, Ensure the victim was provided a Hate Crime Resource Pamphlet and a California Attorney General's Office Marcy's Law Resource Pamphlet. Note: All Department employees shall ensure that every available resource, including but not limited to, language interpreters, Crisis Response Teams, information on local advocacy groups, etc., are provided to victims of hate crimes and hate incidents. Department employees shall also be guided by Training Bulletin Volume XLIX,Issue 12, dated November 2020, and titled, "Foreign Language Interpreters and Resources," when an individual speaks a foreign language. III. WATCH COMMANDER'S RESPONSIBILITIES. Upon notification that a crime or incident motivated by hatred or prejudice has occurred, the watch commander shall: All Concerned Personnel Page 3 1.8 • Direct a field supervisor to immediately respond to the scene, including incidents where there is major property damage, injury to a victim, or vandalism to a house of worship; • Notify the Department Operations Center(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) • regarding any incident involving a place of worship; • Review all hate crime and hate incident reports for accuracy and completeness: o Ensure that an IR, and/or Arrest Report, along with the Hate Crime Supplemental Report, and Request for Confidentiality of Information (where appropriate) are completed; and, o Ensure the correct Uniform Crime Reporting(UCR)Crime Class(CC) Code is entered on the IR face sheet to correspond with the underlying crime (i.e., ADW/ Hate Crime - UCR CC 230) or enter 999(non-crime) for hate incidents. • • • • • IV. Make an entry regarding the matter in the Watch Commander's Daily Report, Form 15.80.00; Forward a copy ofthe Watch Commander's Daily Report entry, along with a copy ofthe Sergeant's Daily Report documenting the supervisor's response and actions to the Area Hate Crime Coordinator; Ensure the hate crime or hate incident reports are distributed in a timely manner via the Records Unit, but no later than the end of watch; Forward a copy ofthe hate crime or hate incident reports to the DOC,which includes the DR number; and, Notify the Community Relations Office(CRO)to liaise with the affected community in the Area. RECORDS UNIT RESPONSIBILITIES. Area Records Units shall ensure that the IRs are coded correctly for MO. Each report should contain three MO codes: 1. Type of report (i.e., MO codes 0921-Hate Incident or 0903-Hate Crime); 2. Type of bias (i.e., MO codes 2053-2058). For example, MO code "2055anti-Race;" and, 3. Type of sub-bias (i.e., MO codes 1505-1539). For example, MO code "1514-anti-Black." V. AREA CRIME AND COMMUNITY INTELLIGENCE CENTER RESPONSIBILITIES. Area Crime and Community Intelligence Centers(ACCIC)— formerly known as Consolidated Crime Analysis Units(CCAU), shall review crime reports for evidence of hatred and prejudice. When ACCIC personnel discover a crime report which is eligible for classification as a hate crime or hate incident, they shall: • Update Consolidated Crime Analysis Database(CCAD)with the proper MO codes identifying the legally protected bias motivations (i.e., type of report, bias and sub-bias); All Concerned Personnel Page 4 1.8 • Notify the assigned investigator to complete aFollow-Up Report, Form 03.14.00, reclassifying the case as a hate crime or hate incident if needed; and, • Notify and provide a copy ofthe report to the Area Hate Crime Coordinator for entry into the Department of Justice Hate Crime Live Database. VI. 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 and filing. Area Filing Teams shall not route misdemeanor hate crime arrests directly to the City Attorney's Office; misdemeanor arrests shall be assigned to an investigator for follow-up and filing. Area detective COs shall also ensure: • All hate crime arrests(misdemeanor and felony) shall be handled by the corresponding table detectives; • All hate crime cases(misdemeanor and felony) shall be presented to the District Attorney's(DA)Office Hate Crimes Unit for filing consideration; and, Note: Should the DA's Office refer the case to the City Attorney's(CA)Office, officers will present the case to the CA Special Trials Unit for filing consideration. • Area Hate Crime Coordinators have been notified and provided with copies should a report be reclassified to, or from, a hate crime. VII. AREA COMMANDING OFFICER'S RESPONSIBILITIES. Area commanding officers shall ensure compliance with this Notice. Should you have any questions or concerns regarding this Notice, contact Detective Bureau, at(213)486-7000. APPROVED: ~~ KRIS E. PITCHER,Deputy Chief Chief of Detectives DISTRIBUTION "D" DANIEL RAN OLPH,Deputy Chief Chief of Sta Office of the Chief of Police