Model Policy Investigation of Hate Crimes September 2016

I. PURPOSE sexual orientation of any person.2 Most states and the The purpose of this policy is to establish guidelines District of Columbia also have hate crime laws. State for identifying and investigating hate crimes and assisting statutes should be checked for relevant definitions and victimized individuals and communities. A swift and strong crime categories. response by law enforcement can help stabilize and calm Hate Incident: Those actions by an individual or the community as well as aid in a victim’s recovery. group that, while motivated by hate or bias, do not rise to the level of a criminal offense. II. POLICY Hate Group: An organization whose ideology is Any acts or threats of violence, property damage, primarily or substantially based on antipathy, hostility, or harassment, intimidation, or other crimes motivated by hatred toward persons of a different race, ethnicity, national hate and bias and designed to infringe upon the rights origin, religion, disability, sexual orientation, gender, and/ of individuals are viewed very seriously by this agency or gender identity.3 and will be given high priority. This agency shall employ Race: A group of persons who possess common all necessary resources and vigorous law enforcement physical characteristics, for example, color of skin, action to identify and arrest hate crime perpetrators. Also, eyes, and/or hair; facial features, and so forth, which are recognizing the particular fears and distress typically genetically transmitted by descent and heredity and that suffered by victims, the potential for reprisal and escalation distinguish them as a distinct division of humankind. of violence, and the far-reaching negative consequences Examples include Asians, blacks or African Americans, of these crimes on the community, this agency shall be and whites. mindful of and responsive to the security concerns of Ethnic Group: A group of persons whose members victims and their families. identify with each other through a common heritage, often This agency shall develop a standard system for consisting of a shared language, culture and/or ideology collecting, analyzing, and reporting incidents of crime that stresses common ancestry. that are, in whole or in part, directed against individuals Religious Group: A group of persons who share the because of race, religion, ethnicity, gender, sexual same religious beliefs regarding the origin and purpose orientation, gender identity, or disability. of the universe and the existence or nonexistence of a supreme being. Examples include Catholic, Jewish, III. DEFINITIONS1 Protestant, Muslim, Sikh, Hindu, and atheist. Bias: A preformed negative opinion or attitude toward Sexual Orientation: A person’s physical, romantic, a group of persons based on their race, religion, disability, and/or emotional attraction to members of the same and/or sexual orientation, ethnicity, gender, or gender identity. opposite sex. Examples include homosexual, bisexual, and Hate Crime: A crime in which the defendant heterosexual. intentionally selects a victim, or in the case of a property Gender: Used synonymously with sex to denote crime, the property that is the object of the crime, because whether an individual is male or female. of the actual or perceived race, color, religion, national Gender Identity: A person’s internal sense of being origin, ethnicity, gender, gender identity, disability, or male, female, or a combination of both; this internal sense of gender may be different from physical gender at birth. 1 These definitions are based on the FBI’s Hate Crime Data Collection 2 Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act Guidelines and Training Manual, http://www.fbi.gov/about-us/cjis/ucr/ of 2009, 18 U.S.C. § 249. hate-crime-data-collection-guidelines-and-training-manual.pdf (accessed 3 Hate groups are tracked by the Southern Poverty Law Center, An- August 1, 2016). ti-Defamation League, and the FBI. 1 Disability: A physical or mental impairment, whether 4. Communicate with concerned communi- temporary or permanent, that is due to conditions that ty-based organizations, civic groups, and are congenital or acquired by heredity, accident, injury, religious institutions regarding the suspected advanced age, or illness. or confirmed hate crime. 5. Identify individuals or agencies that may pro- IV. PROCEDURES vide support and assistance. These may include A. Goals family members or close acquaintances, family 1. Officers shall conduct a thorough, prompt, and clergy, or a departmental chaplain, as well complete investigation in all suspected and as community service agencies that provide confirmed hate crimes and assist the local pros- victim assistance, shelter, food, clothing, child ecutor. Evidence related to all hate incidents care, or other related services. should be thoroughly documented. 6. Ensure that all relevant facts are document- 2. All officers of this agency shall receive in- ed on an incident or arrest report or both and struction on both hate crime investigation and make an initial determination as to whether the community-police relations. incident should be classified as a hate crime for 3. Investigators shall make every effort to be- federal and state bias crime-reporting purpos- come familiar with organized hate groups es. operating in the community. D. Investigator’s Responsibilities B. Initial Response Procedures The investigator shall follow this agency’s standard Initial responding officers at the scene of a protocol for responding to a crime scene. In suspected hate crime shall follow this agency’s particular, investigators shall do the following: standard protocol for responding to a crime scene. 1. If evidence of an inflammatory nature cannot In particular, officers shall: be physically removed (e.g., painted words or 1. Collect physical evidence such as hate liter- signs on a wall), photographs should be taken ature, spray paint cans, and symbolic objects and the owner of the property should be con- used by hate groups, such as swastikas and tacted to do all that is possible to ensure that crosses. the graffiti is removed as soon as possible. The 2. Recognize the potential need for and request investigator shall follow up to ensure that this the assistance of a translator, where necessary. is accomplished in a timely manner. 3. Notify a supervisor and brief him or her on 2. Work closely with the prosecutor’s office to actions taken thus far. ensure that a legally sound case is developed 4. Ensure that all statements made by suspects are for prosecution. recorded verbatim; exact language is critical. 3. Coordinate the investigation with other units 5. Identify prior bias-motivated occurrences in of this agency, as well as other local, state, and the immediate area or against the same victim. regional intelligence operations in order to 6. Assist investigators in complying with any fed- identify any patterns, organized hate groups, eral or state hate crime data collection report- and suspects potentially involved in the of- ing requirements. fense. C. Supervisory Responsibilities 4. Make a final determination based on evidence The supervisor shall do the following: and facts as to whether the incident should be 1. Notify the chief executive or his or her des- classified as a hate crime. ignee and other appropriate personnel in the 5. Determine the primary elements of the crime chain of command, depending on the nature and obtain the information necessary to and seriousness of the offense and its poten- complete the federal and state hate crime data tial inflammatory and related impact on the collection requirements.5 community. 2. Provide updated information on the status of the investigation and the community impact within 48 hours. 3. Provide immediate assistance to the victim as outlined by this agency’s policy on victim 5 response.4 Under the Hate Crime Statistics Act of 1990, as amended by the HCPA, the FBI’s UCR Program now collects and reports statistics on hate crimes directed at individuals because of race, religion, disability, 4 See the IACP Model Policy and Concepts and Issues Paper on sexual orientation, ethnicity, gender, or gender identity—as well as hate Response to Victims. crimes committed by and directed against juveniles. 2 6. Request additional resources from the federal F. Hate Crime Data Collection and Reporting government as necessary and available.6 This agency shall do the following: 7. Take steps to ensure that appropriate assistance 1. Submit a monthly report on all hate crime is being provided to hate crime victims. occurrences to the appropriate state crime anal- E. Community Relations and Crime Prevention ysis center or central repository; Hate crimes are viewed in the community not 2. Submit a monthly report to the FBI on all hate only as a crime against the targeted victim(s), but crime occurrences, in accordance with guide- also as a crime against the victim’s identification lines established pursuant to the federal Hate group as a whole. Towards this end, this agency’s Crime Statistics Act. community relations function, or officers so 3. Make information, records, and statistics assigned, shall perform the following: collected available to any appropriate local or 1. Continue to provide assistance to the victim, state agency and to the public, subject to all including protecting his or her privacy and that confidentiality requirements otherwise im- of his or her family as much as possible. posed by law. 2. Work with segments of the larger community after such crimes to help reduce fears, stem possible retaliation, prevent additional hate Acknowledgment crimes, and encourage any other previously This document was developed by the IACP Law victimized individuals to step forward and Enforcement Policy Center with cooperation and assistance report those crimes, especially if an upward from the Washington Office of the Anti-Defamation trend has been identified.7 League and with particular assistance from Michael 3. Especially in the most serious crimes, meet Lieberman, Washington Counsel, Director, Civil Rights with neighborhood groups, residents in target Policy Planning Center.. communities, and other identified groups as soon as possible to allay fears; emphasize the agency’s concern over this and related inci- Every effort has been made by the IACP Law dents; reduce the potential for counter-violence Enforcement Policy Center staff and advisory group to and reprisals; and provide safety, security, and ensure that this document incorporates the most current crime prevention information. information and contemporary professional judgment on 4. Engage the media as soon as possible as this issue. Readers outside of the United States should note partners in restoring victimized communi- that, while this document promotes procedures reflective of ties through sensitive and accurate reporting. a democratic society, its legal basis follows United States Information regarding hate crimes should Supreme Court rulings and other federal laws and statutes. be prepared for the media in an accurate and Law enforcement administrators should be cautioned that timely manner. no “model” policy can meet all the needs of any given law 5. Conduct public meetings or forums designed enforcement agency. Each law enforcement agency operates in a unique environment of court rulings, state laws, to address the community-wide impact of hate local ordinances, regulations, judicial and administrative crime and violence in general. decisions and collective bargaining agreements that must 6. Establish liaisons with formal communi- be considered, and should therefore consult its legal advisor ty-based organizations and leaders to mobilize before implementing any policy. In addition, the formulation resources that can be used to assist victims and of specific agency policies must take into account local prevent future hate incidents and crimes. political and community perspectives and customs, 7. Expand, where appropriate, preventive pro- prerogatives and demands; often divergent law enforcement grams such as hate, bias, and crime reduction strategies and philosophies; and the impact of varied agency seminars for school children. resource capabilities among other factors. This document is not intended to be a national standard.

6 Under the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act (HPCA), at the request of a state, local, or tribal law en- © Copyright 2016. Departments are encouraged to use this policy forcement agency, the attorney general may provide technical, forensic, to establish one customized to their agency and jurisdiction. prosecutorial, or any other form of assistance in hate crime investiga- However, copyright is held by the International Association of tions or prosecutions. Chiefs of Police, Alexandria, Virginia U.S.A. All rights reserved 7 This is particularly important among marginalized minority groups who may be less likely to report hate crimes to the police, including under both international and Pan-American copyright conventions. members of LGBTQ communities and new immigrants. It is important Further dissemination of this material is prohibited without prior to remember that all victims of hate crimes, regardless of immigration written consent of the copyright holder. status, are entitled to full protection under the law. 3