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PURPOSE The purpose of this policy is to assist
employees in identifying and handling crimes motivated by bias toward an individual's race, religion, ethnic/national origin, sexual orientation, gender, or disability and to define appropriate steps for assisting
victims and apprehending suspects. The Department recognizes the necessity for increased awareness by its personnel to the existence of hate crimes and hate-related incidents and the negative impact of those
crimes and incidents on our communities. Only through a comprehensive program of Department training, standardized investigative efforts and enhanced public awareness and education can such bias-related incidents
be reduced. POLICY It is the policy of the Sheriff's Department
to ensure that the rights guaranteed to all, irrespective of their race, religion, ethnic/national origin, sexual orientation, gender or disability are protected. Any acts or threats of violence, property damage,
harassment, intimidation or other crimes designed to infringe upon those rights will be handled with the utmost priority. The Department is dedicated to maintaining a cooperative effort with local, state and
federal agencies as well as the communities we serve toward the immediate investigation of reported hate crimes and hate-related incidents and prosecution as appropriate. Particular attention shall be given to
addressing the safety and related concerns of the victims as well as their families and others affected by the crime. DEFINITIONS
Hate Crime
Any unlawful action designed to frighten, harm, injure, intimidate or harass an individual, in whole or in part, because of a bias
motivation against the actual or perceived race, religion, ethnic/national origin, sexual orientation, gender, or disability of ;the victim. (422.6PC, Misdemeanor hate crime; 422.7PC, Felony hate crime; 11411PC,
Misdemeanor terrorism; 11413PC, Felony terrorism)
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Hate Incident
Not all expressions of hate or group bias rise tot he level of a hate crime as defined in state and federal statute. Derogatory words or epithets directed against a member of a
protected class, as listed above, if not accompanied by a threat of harm with the ability to carry it out are considered protected speech and not a hate crime.
Note: The tracking and analysis of hate
incidents provides the community with a process to assess potential threats or community tension.
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Race
A group of persons who possess common physical characteristics, e.g., color of skin, eyes and/or hair, facial features; etc., genetically transmitted by descent and heredity that distinguish them as
a distinct division of human kind, e.g., Asians, Blacks, Whites, etc.
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Ethnic/National Origin
a group of persons of the same race or national origin who share common or similar traits, languages, customs and traditions, e.g., Arabs, Hispanics, etc.
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Religious Belief
A group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being, e.g., Catholics, Jews,
Protestants, atheist, etc. (302PC, Misdemeanor Disturbing Religious Meeting; 594.3PC, Felony/Misdemeanor vandalism; 1170.8PC Arson, robbery, or assault in places of worship; 11412PC, Felony threats
obstructing religion)
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Sexual Orientation
A sexual attraction toward, and responsiveness to, members of one's own sex or members of the opposite sex, e.g. gays, lesbians, heterosexuals, etc.
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Gender
Male, female or transgendered (Transgendered refers to persons who are post operative, in transition from male to female or from female to male).
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Disability
Any person or group of persons with a physical disability, or who are mentally challenged.
Note Additional Penal Code Sections covering general hate inspired situations are 594.1PC Minors
purchase aerosol containers; 422.75PC, Felony or attempt felony against individuals with protected status; 190.2PC Death penalty or life imprisonment where victim murdered due to race, religion, national origin
or color; 1170.75PC Aggravation of sentence for crime against individual with or perceived to have protected status; 1170.85P, Aggravation for crime against aged or disabled.
INITIAL RESPONSE PROCEDURES ARE THE SAME IN A FIELD OR CUSTODY SITUATION Patrol/Custody Operations/Desk Personnel Responsibilities Information regarding hate crimes/incidents
received at the complaint desk via telephone or in person shall be entered into the Department's dispatch computer system as a priority call. Information received by personnel assigned to a court or custody
facility shall be reported immediately and the appropriate file number requested. all personnel should be aware that any hate crime/incident is almost certain to receive widespread attention by Department
executives, city/county officials, community-based organizations, and the media. Custody Watch Sergeant/Court Services Sergeant
Incidents received at the watch sergeant's desk via telephone or in person shall be handled per Department policy as quickly as possible, remembering that
inmates can be victims of hate crimes. Handling Deputy Responsibilities (Includes in-Custody and Court Services Incidents)
When a deputy at the scene of a hate crime/incident believes that it may have been motivated by racial, religious, ethnic/national origin, sexual orientation,
gender, or disability bias, the deputy shall immediately prepare a complaint report (SH-R-49), or Miscellaneous Incident Report (Hate Incident Only). In conducting the initial investigation, the handling deputy
shall;
- Restore order, taking any necessary actions to gain control of the situation;
- Protect the crime scene;
- Identify any injured parties and take steps to provide for medical assistance;
- Determine whether any suspect(s) are present and, if so, take appropriate enforcement measures;
- Identify any witnesses or others who have knowledge of the crime;
- Allow the victim a period in which to ventilate his immediate concerns and express his feelings;
- Express empathy for the victim and show a sincere interest in his/her well-being;
- Express the Department's official position on the importance of these cases, the measure that will be taken to apprehend the perpetrator(s), and the deputy's and Department's interest in the victim's well-being;
- Assist the victim in identifying and contacting community-based individuals or agencies that may provide support and assistance. These may include family members or close acquaintances, clergymen, or
agencies that provide counseling, shelter, food, clothing, child care, or other related services as needed;
- Request that a field/custody sergeant respond tot he scene.
Custody units will assist the victim/inmate in contacting Custody Chaplain Services or other approved custody assistance groups within the custody system. Field/Custody/Court Sergeant Responsibilities The field/custody/court services sergeant shall be
immediately alerted to each hate crime or incident and shall:
- Respond to the scene in accordance with unit level policy;
- Notify the watch commander of the incident;
- Notify the unit's Hate Crimes Coordinator. (Station commanders are responsible for designating a Hate Crimes Coordinator from their unit. The Jail Investigations Sergeant shall be the Hate Crimes
Coordinator for custody Division and Court Services Division for hate crimes committed in court lock-ups and on Transportation Bureau buses).
INVESTIGATIVE PROCEDURES Hate Crimes Coordinator
When made aware of
a hate crime/incident, the Hate Crimes Coordinator shall evaluate the event and determine if it should be classified as a hate crime and whether an immediate investigation is necessary. The Hate Crimes Coordinator
shall also:
- Assign an investigator to the case;
- Review all reports and ensure that all appropriate reports have been completed;
- Make a final determination as to whether the incident should be classified as a hate crime. If there is any question as to how the matter should be handled, the event shall be handled as a hate crime;
- Ensure that the case is presented to the District/City Attorney's Hate Crimes Unit for filing;
- Ensure that the handling detective contacts the victim periodically to determine whether he/she is receiving adequate and appropriate assistance; and
- Ensure that the victim is provided with ongoing information about the status of the criminal investigation.
Detective Responsibilities When responding or assigned to the scene of
an alleged hate crime or hate related incident, investigators shall be responsible for the subsequent investigation. This includes:
- Ensuring that the scene is properly protected, photographed or video taped and preserved, and that all physical evidence of the incident is collected and/or removed as soon as possible. If evidence of an
inflammatory nature cannot be physically removed (e.g., painted words or signs on a wall), the owner of the property, or the appropriate city or county department, shall be contacted to expedite the removal of
such material as soon as possible. The Hate Crimes Coordinator or the investigator shall follow-up to ensure that this is accomplished in a timely manner;
- Taking of photographs, when appropriate to show victim's injuries, suspect's clothing, tattoos, scars, physical appearance, graffiti, or acts of vandalism, in order to preserve evidentiary value;
- Conducting a comprehensive interview with all victims and witnesses at the scene, or as soon as possible thereafter, along with canvassing the neighborhood for additional sources of information;
- Coordinating the investigation with Department and if appropriate, state or regional intelligence operations. These sources shall provide the investigator with an analysis of any patterns, organized groups
and suspects potentially involved in the offense;
- Coordinating the investigation with other units of the Department and with outside agencies where appropriate;
- Maintaining contact with the initial responding deputy(s) and keeping him/her apprised of the status of the case;
- Completing any reports necessary to comply with statistical reporting requirements for hate crimes;
- Working closely with the District/City Attorney's Hate Crimes Unit to ensure that a legally adequate case is developed for prosecution and filing as appropriate.
Detectives shall also take the lead role in providing ongoing assistance to the crime victim which includes:
- Contacting the victim periodically to determine whether he/she is receiving adequate and appropriate assistance; and
- Providing ongoing information to the victim about he status of the criminal investigation.
CRIME PREVENTION/COMMUNITY RELATIONS Hate crimes/incidents are viewed
in the community not only as offenses against the targeted victim, but also against the victim's racial, religious, ethnic/national, sexual orientation, gender, or disability group as a whole. Working
constructively with segments of this larger audience after such incidents is essential to help reduce fears, stem possible retaliation, help prevent additional hate crimes/incidents and encourage any other previously
victimized individuals to step forward and report those crimes. Unit Commander Responsibilities A unit commander's involvement in the process provides command emphasis that builds community confidence. Additional, his/her involvement maintains the integrity of the
community partnership. this is a vital component in the Department's success in the education, enforcement and reduction of hate crimes or hate incidents. to that end, unit commanders shall:
- Ensure that key station personnel meet periodically with neighborhood groups and/or residents in target communities to advise and share concerns;
- Express, in the community, the Department's concern over and response to hate crimes/incidents;
- Identify impacted groups to allay fears and relay the Department's concern over and response to this and related incidents;
- Develop processes that reduce the potential for violence and provide safety, security and crime prevention information regarding hate crimes/incidents;
- Ensure that a process is in place to provide direct and referral assistance to the victim and/or his/her family;
- Participate in public meetings on hate-related threats and violence in general;
- Establish liaison with local community organizations and leaders;
- Expand, where appropriate, existing preventive programs such as anti-hate seminars for school children, i.e. Sane Bureau, etc.
Sheriff's Department County of Los Angeles Hate Crimes Policy (Revised 12/5/97). Contact information: Los Angeles County Sheriff's Department, Field
Operations Region II - Headquarters, 4700 Ramona Blvd., Monterey Park, CA 91754-2169 |
