HATE CRIMES Model Policy Effective Date August 31, 1991 Number Subject Hate Crimes Reference Special Instructions Distribution Reevaluation Date July 31, 1992 No. Pages 2 I. PURPOSE This policy is designed to assist employees in identifying crimes motivated by bias toward an individual's race, religion, ethnic background and/or sexual orientation and to define appropriate steps for assisting victims and apprehending suspects. II. POLICY It is the policy of this law enforcement agency to safeguard the state and federal rights of all individuals irrespective of their race, religion, ethnic background or sexual orientation. 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 and will be given high priority. This agency will use every necessary resource rapidly and decisively to identify the perpetrators, arrest them and take vigorous enforcement action. Also, recognizing the particular fears and distress typically suffered by victims of these crimes, the potential for reprisal and escalation of violence and the possible far-reaching negative consequences of these acts on the community and the agency, particular attention shall be given to addressing the security and related concerns of the immediate victims as well as their families and others affected by the crime. III. DEFINITIONS A. 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 background or sexual orientation of the victim. B. 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 humankind (e.g., Asians, blacks, whites, etc.). C. Ethnic Group: 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.). D. 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 (e.g, Catholics, Jews, Protestants, atheists, etc.). E. 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.). IV. INITIAL RESPONSE PROCEDURES When an officer at the scene of an incident believes that it may have been motivated by racial, religious, ethnic or sexual orientation bias (RRES), the officer shall take any preliminary actions necessary, such as A. determining whether any perpetrators are present and, if so, taking appropriate enforcement measures; B. restoring order to the crime scene and taking any necessary actions to gain control of the situation, C. identifying any injured parties and taking steps to provide medical assistance; D. identifying any witnesses or others who have knowledge of the crime; E. protecting the crime scene; and F. summoning a field supervisor to the scene. V. SUPERVISOR'S RESPONSIBILITIES The supervisor shall confer with the initial responding officer, take measures to ensure that all necessary preliminary actions have been taken and inform an immediate supervisor of the criminal act. The supervisor shall request any appropriate additional personnel necessary to accomplish the following: A. Provide immediate assistance to the crime victim, such as 1. expressing empathy for the victim and showing a sincere interest in his well-being; 2. expressing the law enforcement agency's official position on the importance of these cases, the measures that will be taken to apprehend the perpetrators, and the officers' and department's interest in the victim's well-being; 3. allowing the victim a period in which to ventilate his immediate concerns and express his feelings; 4. assisting the victim in identifying and contacting individuals or agencies that may provide support and assistance. These may include family members or close acquaintances, family clergyman or departmental chaplain and community service agencies that provide shelter, food, clothing, child care or other related services; and 5. providing security and precautionary advice to the victim and arranging for any additional security that may be required for protection of the victim. B. Conduct a standard preliminary investigation to include preliminary interviews of the victim and any witnesses to the incident. C. Ensure that all relevant facts are documented on an incident and/or arrest report and make an initial determination as to whether the incident should be classified as an RRES offense. VI. INVESTIGATOR"S RESPONSIBILITIES Investigative personnel assigned to alleged RRES incidents shall be responsible for the following: A. When responding to the scene of an alleged RRES incident investigators shall assume control of the follow-up investigation. This includes 1. assuring the scene is properly protected, preserved and processed and all physical evidence of the incident is 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 shall be contacted to remove such material as soon as possible and the officer shall follow-up to ensure that this is accomplished in a timely manner, 2. conducting a comprehensive interview with all victims and witnesses at the scene, or as soon as possible thereafter, and canvassing the neighborhood for additional personal sources of information; 3. notifying other appropriate personnel in the chain of command, depending on the nature and seriousness of the offense, and its potential inflammatory and related impact on the community; 4. working closely with the prosecutor's office to ensure that a legally adequate case is developed for prosecution; 5. coordinating the investigation with agency, state and regional intelligence operations. These sources shall provide the investigative officer with an analysis of any patterns, organized groups and suspects potentially involved in the offense; 6. coordinating the investigation with the identification and other units of the agency and with outside agencies where appropriate, 7. maintaining contact with the initial responding officer and keeping him apprised of the status of the case; 8. making a final determination as to whether the incident should be classified as an RRES crime; and 9. completing any reports necessary to comply with statistical reporting requirements for hate crimes. B. Investigative officers shall also take the lead role in providing ongoing assistance to the crime victim to include 1. contacting the victim periodically to determine whether he is receiving adequate and appropriate assistance; and 2. providing ongoing information to the victim about the status of the criminal investigation. VII. COMMUNITY RELATIONS/CRIME PREVENTION A. RRES crimes are viewed in the community not only as crimes against the targeted victim, but also as a crime against the victim's racial, religious, ethnic or sexual orientation 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 RRES incidents and encourage any other previously victimized individuals to step forward and report those crimes. Towards this end, this agency's community relations function, or officers so assigned, shall 1. meet with neighborhood groups, residents in target communities and other identified groups to allay fears, relay this agency's concern over and response to this and related incidents, reduce the potential for counter-violence and provide safety, security and crime prevention information; 2. provide direct and referral assistance to the victim and his family; 3. conduct public meetings on RRES threats and violence in general, and as it relates to specific incidents; 4. establish liaison with formal organizations and leaders; and 5. expand, where appropriate, existing preventive programs such as anti-hate seminars for school children. This project was supported by Grant No. 87-SN-CX-KO77 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The Assistant Attorney General, Office of Justice Programs, coordinates the activities of the following program offices and bureaus: the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile and Delinquency Prevention, and the Office of Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice. Every effort has been made by the IACP National Law Enforcement Policy Center staff and advisory board to ensure that this model policy incorporates the most current information and contemporary professional judgment on this issue. However, law enforcement administrators should be cautioned that no "model" policy can meet all the needs of any given law enforcement agency. Each law enforcement agency operates in a unique environment of federal court rulings, state laws, local ordinances, regulations, judicial and administrative decisions and collective bargaining agreements that must be considered. In addition, the formulation of specific agency policies must take into account local political and community perspectives and customs, prerogatives and demands; often divergent law enforcement strategies and philosophies, and the impact of varied agency resource capabilities among other factors.