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OFFICE OF THE CHIEF OF POLICE
Los Angeles Police Department Hate Crime / Violence Policy SPECIAL ORDER NO. 38SUBJECT: Crimes or incidents motivated by hatred or prejudice Purpose:
The Los Angeles Police Department has long recognized the very serious nature of crimes and incidents motivated by hatred or prejudice and has taken an active leadership role in these investigations. As a result, a standardized protocol has evolved for the investigation of these acts including the gathering, maintenance, and dissemination of related information as well as the training of department employees who handle hate crime occurrences. This Order establishes Department policy for investigating and reporting crimes and incidents motivated by hatred or prejudice and incorporates a procedure for these investigations into the Department Manual.
Policy:
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 counter-violence.
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 threat of violence 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. Procedure:
- Definitions
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Hate Crime
- A hate crime is any criminal act or attempt directed against a person(s), public agency or private institution based on the victim's actual or perceived race, 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 race, nationality, religion, sexual orientation, disability, or gender. 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 other criminal act(s) directed against a public or private agency
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Hatred Incident
- A hatred incident is any non-criminal act including words directed against a person(s) based on that person's actual or perceived race, antionality, religion, seuxl orientation, disability, or gender. Hatred incidents include, but are not limited to, epithets, distribution of hate material in public places, posting of hate material that does not result in property damage, and the display of offensive material on one's own property.
- Reporting and Investigating
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Employees - Responsibility - A Department employee who becomes aware of a crime or incident motivated by hatred or prejudice shall:
- Investigate the crime or incident in a timely manner;
- Notify the watch commander, Areas of occurrence;
- Notify the Administrative Information Desk, Detective Headquarters Division (DHD), for inclusion of the crime or incident in the Chief of Police 24-Hour Occurrence Log and document the notification in
the related report; and,
- Complete the appropriate crime or arrest report(s) and check the ''MOTIVATED BY HATRED/PREJUDICE'' box. If the incident does not constitute a specific crime, the PIR shall be titled ''Hate
Incident.''
The unwillingness of a victim to sign a report or the absence of the victim does not exempt an officer from the requirement to complete a PIR.
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Watch Commanders - Responsibility - Upon notification that a crime or incident motivated by hatred or prejudice has occurred, the Watch Commander shall:
- Review all reports for completeness, including the notification to DHD and cause the reports to be distributed as soon as possible, but no later than the end of watch;
- 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 worhsip;
- Make an entry regarding the matter in the Watch Commander's Daily Report, Form 15.80; and,
- Forward a copy of the Watch Commander's Daily Report entry along with a copy of th Sergeant's log documenting the contact with the victim to the Community Police Station (CPS) Hate Crime Coordinator.
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Detective Headquarters Division - Responsibility - Upon receipt of a crime or incident motivated by hatred or prejudice report, records peronnnel shall:
- Log the crime or incident on the Chief of police 24-Hour Occurrence Log; and,
- Make notification as required for any violent or major hate crime or incident.
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Records Personnel - Responsibility - Upon receipt of a crime or incident motivated by hatred or prejudice report, records personnel shall:
- Enter the information into the Police Arrest and Crime Management Information System (PACMIS), including the ''crime or incident motivated by hatred or prejudice'' code; and,
- Distribute the report(s) as soon as possible, but no later tahn 24 hours after the report is taken. In addition to the established distribution, an extra copy of the PIR and Arrest report shall be
distributed to:
- 1 - Detective Services Group
- 1 - Criminal Conspiracy Section, DSD
- 1 - Anti-Terrorist Division
- 1 - Community Relations Section, OCOP
- 1 - Information Resources Division
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Community Police Station Hate Crime Coordinator - Responsiblity
The Commanding Officer, Operations Support Division (OSD), is the Hate Crime Coordinator for his or her command and shall:
- Assign a specific detective supervisor to coordinate the investigation of all hate crimes and incidents;
- Ensure that a specific detective is assigned to investigate each crime or incident and that an appropriate response is provided to each victim including, but not limited to, compliance with the mandated
ten day follow-up;
- Ensure that each crime or incidient is entered into PACMIS properly; and,
- Cause a monthly summary of all hate crimes and incidents to be prepared and fowarded to the bureau commanding officer through the Area commanding officer within two business days of the following month.
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Detectives - Responsibility - A detective assigned to investigate a crime or incident motivated by hatred or prejudice shall:
- Contact the victim within ten calendar days of the crime or incident and re-assure the victim of the Department's commitment to identifying the suspect and obtain follow-up information;
- Document any additional information on a Follow-Up Investigation, Form 3.14;
- Present all felony hate crime investigations in which the supsect is identified to the District Attorney Hate Crime Suppression Unit and , as approriate, 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 Enforcement Section, Office of the City Attorney, and as appropriate, to the Office of the United
States Attorney, Civil Rights Liaison; and,
- Provide the command's Hate Crime Coordinator with a copy of all reports related to the incident.
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Area Commanding Officers - Responsibility - The Area commanding officer shall:
- Use all available resources in responding to community needs in combating hate crimes and incidents; and,
- Review and forward the monthy summary of hate crimes or incident to the bureau commanding officer within two business days of receiving the monthly summary
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Bureau Commanding Officers - Responsibility - The bureau commanding officer shall:
- Review each subordinate command's monthly summary of hate crimes or incidents;
- Forward a copy of the monthyly summaries to Detective Services Group (DSG), Information Resources Division (IRD), and Criminal Conspiracy Section (CCS) within two business days of receiving the reports;
and,
- Initiate a semi-annual audit to verify the accuracy of each monthly hate crime summary submitted by subordinate commands and forward a copy of the audit to DSG.
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Commaniding Officer, Detective Services Group - Responsibility - The Commanding Officer, Detective Services Group (DSG), is the Department's hate Crime Coordinator and shall:
- Maintain liaison with the Police Commission, Media Relations Section, the Federal Bureau of Investigation Civil Rights Program (CRP) Coordinator, U.S. Attorney, Department of Justice, outside agencies,
and community groups regarding crimes or incidents motivated by hate or prejudice;
- Represent the Department on the Hate Crimes Task Force;
- Meet with the Chief of Police to discuss hate crime and incident patterns and the status of major crimes and on-going investigations;
- At least annually, meet with Community Police Station (CPS) Hate Crime Coordinators and conduct training; and,
- Keep abreast of all internal and external issues pertaining to hate crimes or incidents and, as appropriate, initiate changes to Department procedures in order to improve the Department's response.
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Criminal Conspiracy Section, Detective Support Division - Responsibility - Criminal Conspiracy Section shall:
- Provide staff support to the Department's Hate Crime Coordinato;
- Cause a copy of each crime or incident report motivated by hate or prejudice to be forwarded to the District Attorney, City Attorney, California Department of Justice, and U.S. Attorney each month;
- Investigate any hate crime or incident which exceeds the resources of the geographic investigate unit, as directed by the Department Hate Crime Coordinator; and,
- Assist Investigative Analysis Section in providing Department personnel with investigative training on the proper handling of hate crimes or incidents.
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Anti-Terrorist Division - Responsibility - Anti-Terrorist Division is responsible for reviewing reports of crimes or incident motivated by hatred or prejudice (2/219.12)
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Information Resources Division - Responsibility. The Information Resources Division (IRD), shall:
- Prepare and distribute statistical reports of hate crimes or incidents as requested by the Department Hate Crime Coordinator;
- Maintain statistical data for the purpose of identifying trends, Modus Operandi, and responsible suspects or groups;
- Prepare quarterly and semi-annual reports for the Department Hate Crime Coordinator; and,
- Prepare monthly, quarterly, and annual statistical reports and forward a copy to the California Department of Justice and the Federal Bureau of Investigation, CRP coordinator, within 10 days of the
succeeding calendar month.
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Training Group - Responsibility - Training Group is responsible for providing Department personnel with training to the proper handling of crimes or incidents motivated by hatred or prejudice.
AMMENDMENTS: This Order amends Section 1/522, 4/203.25, 4/214.50, and 5/030.66 of the Department Manual. AUDIT RESPONSIBILITY: The
Commanding Officer, Detective Services Group, shall monitor compliance with this directive in accordance with Department Manual Section 0.080.30. |
