Atlanta Police Department Standard Operating Policy Manual Procedure
Effective Date APD.SOP.3066 March 4, 2020 Bias Crime Data Reporting
Applicable To: All Sworn Employees Review Due: 2024
Approval Authority: Chief Erika Shields
Signature: Signed by ES Date Signed: 3/4/2020
1. PURPOSE
To establish a procedure for collecting data on bias crime.
2. POLICY
The Department will collect and analyze data on all crimes where bias is a factor.
3. RESPONSIBILITIES
3.1 Officers responding to the scene of incidents will be responsible for collecting and recording any evidence that tends to show that bias may have been a motivating factor in the commission of criminal acts.
3.2 The Special Enforcement Section (SES) will be responsible for follow-up investigations of all reported bias crimes; except sex crimes and homicides. The appropriate investigative unit will investigate homicides, sex crimes, and hate crimes. SES will prepare a quarterly statistical summary of bias data collected.
3.3 The Central Records Unit will be responsible for collecting bias crime data.
3.4 The Chief will designate a Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ) Liaison(s).
3.5 The Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Liaison(s) will encourage constructive dialogue between the Department and the LGBTQ community in order to promote trust and build professional relationships.
4. ACTION
4.1 Officer on the scene
4.1.1 Officers responding to a crime scene will ascertain if bias was a factor in the commission of the crime by considering the following criteria:
1. The perpetrator(s) motivation;
2. The perception of the victim(s);
NOTE: Ask the question: “Why do you think this happened to you?”
3. The display or use of offensive symbols, words, or acts;
Form APD-700, revised 2/04
Atlanta Police Department Policy Manual
APD.SOP.3066 Bias Crime Data Reporting
4. The date and time of the incident; and if the incident correspond to a holiday or event of significance (e.g. Hanukkah, Martin Luther King Jr. Day, Chinese New Year, Atlanta Black Gay Pride, Gay Pride, Gay and Lesbian Freedom Day Parade).
5. Review the circumstances surrounding the incident (totality of the circumstances) including but not limited to:
a. Groups involved in the attack;
b. Manner and means of attack;
c. Similar incidents in the same area, with the same type of victim, ethnicity, religion or sexual orientation; and
d. Statement made by the perpetrator prior to during and after the incident.
4.1.2 If it is determined that the bias crime committed was a direct result of the victim(s) sexual orientation; the responding officer will notify a supervisor and an appropriate investigator via radio for their response to the scene. The responding supervisor and/or investigator will contact Communications via radio to contact the LGBTQ Liaison. The LGBTQ Liaison will follow-up with the supervisor and/or investigator via phone or in person at the scene; as necessary.
4.1.3 If it is determined that the bias crime committed was a direct result of the victim(s) Hispanic ethnicity ; the responding officer will notify a supervisor and an appropriate investigator via radio for their response to the scene. The responding supervisor and/or investigator will contact Communications via radio to contact the Hispanic Liaison. The Hispanic Liaison will follow-up with the supervisor and/or investigator via phone or in person at the scene; as necessary.
4.1.4 If it appears a bias crime has been committed, the officer will fill out the appropriate bias crimes fields in ICIS and include in the narrative any known facts that indicate this to be a bias incident. Officers should leave the bias fields empty and blank if no bias crimes occurred to avoid false positives in data collection.
4.1.5 When the information is known; personal characteristics such as race, ethnicity, sex, religious affiliation or sexual orientation of victim and suspect will be included in the narrative. The officer’s supervisor will forward a significant incident report (Form APD 238); to include the incident number, to the LGBTQ Liaison, command staff, and the Public Affairs Unit prior to the end of their tour of duty.
4.2 The Central Records Unit will forward SES a copy of all incident reports that indicate bias was a factor in the offense.
4.3 SES will conduct a follow-up investigation of all crimes, except sex crimes and homicides, in which bias was reported and in order to determine if bias was a factor.
4.4 If the investigation reveals that bias was not a factor in a crime, the investigator will be responsible for unfounding bias as a factor and notifying Central Records. Central Records will reassign all unfounded bias reports to the appropriate investigative unit.
4.5 The SES will forward the quarterly report through the chain of command to the Chief, LGBTQ Liaison and to Planning and Research/Accreditation Unit.
Page 2 of 3
Atlanta Police Department Policy Manual
APD.SOP.3066 Bias Crime Data Reporting
4.6 The Chief will forward copies of the quarterly report to the FBI for inclusion in the national Uniform Crime Reporting (UCR) program, the Municipal Court, and to the Atlanta-Fulton County Central Library. (CALEA 6th edition Standard 82.1.3 and 82.1.4)
5. DEFINITIONS
5.1 Bias crime: Criminal acts that manifest evidence of prejudice based upon the victim's, or the perception of the victim's race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, HIV/AIDS infection, or disability.
5.2 Bias crime data: Data on bias incidents involving the criminal acts of homicide, involuntary manslaughter, aggravated assault, simple assault, simple battery, robbery, armed robbery, aggravated battery, burglary, disorderly conduct, aggravated sodomy, rape, theft, arson, vandalism, trespass, criminal defamation, false imprisonment, and terroristic threat.
5.3 Sexual Orientation: A sexual attraction towards, and responsiveness to, members of one’s own sex or members of the opposite sex (e.g., gay, lesbian, bisexual, transgender and heterosexual).
5.4 LGBTQ: Lesbian, Gay, Bisexual, Transgender and Queer
6. CANCELLATIONS
APD.SOP.3066, “Bias Crime Data Reporting” October 15, 2013
7. REFERENCES
City Code Section 98-39, Crimes manifesting evidence of prejudice The Commission on Accreditation for Law Enforcement Agencies (CALEA 6th ed. Standards 82.1.3 and 82.1.4)
8. SIGNIFICANT CHANGES
8.1 Revisions to policy
Section 4.1.2 and 4.1.3
Also, revising LGBT to LBGTQ throughout the policy.
Page 3 of 3