REPORT OF THE CHIEF LEGISLATIVE ANALYST

June 28, 2006

TO: Honorable Members of the Public Safety Committee

FROM: Gerry F. Miller d) A·~ bv Assignment No. 06-05-0780 Chief Legislative ~st C.F. 05-1919

LAPD Crime Reporting Procedures

SUMMARY

On May 8, 2006 your Committee asked this office to report on various aspects of the Los Angeles Police Department's (LAPD) change in procedures for reporting Part I (violent) crimes on the federal "Return A." This is a form submitted monthly by LAPD to the California Department of Justice (DOJ) to report data on seven types of violent crime in Los Angeles. California DOJ forwards this data from LAPD and other California law enforcement agencies to the Federal Bureau of Investigation (FBI). The FBI then aggregates data from over 17,000 participating law enforcement agencies to publish Unified Crime Reports.

Approximately three years ago, LAPD began reviewing its adherence to the Uniform Crime Reporting (UCR) guidelines and discovered three occasional reporting errors: 1) reporting multiple crimes rather than the highest single crime from each incident, 2) reporting a failure to return a rental car as grand theft auto rather than embezzlement, and 3) reporting all domestic violence crimes as aggravated assaults, even if they do not meet the UCR definition of "aggravated," discussed below. In early 2005, LAPD changed its reporting procedures to correct these mistakes.

This change impacts the comparison of violent crimes between 2004 (when LAPD was over­ reporting Part I crimes) and 2005 (when LAPD was accurately reporting Part I crimes). However, without reviewing all the crime reports from 2004, LAPD is not able to quantify how many fewer crimes in 2005 were attributable to reporting changes. LAPD staff believe the impact from the change in reporting multiple crimes and auto embezzlements is probably very small. The larger impact on the numbers arises from the change in reporting domestic violence cnmes.

In researching this report, we contacted both the California DOJ and the FBI about the level of flexibility in complying with UCR guidelines. FBI staff said that if LAPD were to revert to the prior method of reporting all domestic violence crimes as aggravated assaults, those numbers would be disqualified. California DOJ confirmed that the 729 law enforcement agencies in California participating in the UCR program report assaults, including those related to domestic

-1- violence, as instructed in the UCR handbook, despite the fact that the California penal code allows nearly all domestic violence crimes to be prosecuted as a felony. California DOJ confirmed that "domestic violence related assaults should not all be classified as Part I crimes."

In researching this report, we also examined the text of the settlement of the 1985 Lula Mae Thomas class action lawsuit and contacted the retired lawyer from the City Attorney's office who handled this case. As part of the settlement, LAPD entered into a consent decree to establish new procedures for responding to domestic violence crimes. Although the consent decree expired in 1989, LAPD's Standards and Procedures Regarding Domestic Violence, published in February 1986, are still in effect. Yet, as important as they are for ensuring LAPD' s proper response to domestic violence, they do not govern LAPD's reporting of domestic violence crimes.

Reporting of domestic violence crimes is addressed in LAPD's Special Order No. 1 on Domestic Violence, which has been effective since January 1, 1986. Section 5 of the Special Order requires LAPD to report monthly to California DOJ particular domestic violence information as required by California Penal Code Section 13730(a). This report is submitted to California DOJ as an attachment to Return A, but is governed by the California penal code, not UCR guidelines. Therefore, the method for producing information for this report, and LAPD' s reporting of it, remains unchanged.

However, in response to concerns raised by providers of services to domestic violence victims ("Providers") over the change on Return A itself from reporting all domestic violence crimes as Part I aggravated assaults to reporting only those domestic violence crimes which meet the UCR definition, LAPD instituted a new category of reporting child and spousal domestic violence assaults -both Part I and Part II- in its regularly updated and publicly available COMPSTAT report. Since domestic violence crimes previously had not been identified in the COMPSTAT report, this additional reporting provides more accurate data to the Providers who rely on it for conducting their own research and for seeking grant funding.

LAPD affirms that none of its data reporting procedures has any impact whatsoever on the way in which domestic violence crimes (or any crimes) are actually addressed by LAPD. Substantial discussion regarding LAPD's response to domestic violence crimes continues among members of The Commission on the Status of Women, The Los Angeles City Domestic Violence Task Force (Task Force) and the Police Commission, among others. The findings, allegations and status of those discussions are not addressed in this report. However, LAPD has noted that LAPD staff who maintain crime statistics, including domestic violence statistics, were never consulted by the Commission on the Status of Women in the preparation oftheir draft report discussed before the City Council last week. LAPD has also noted that it works very closely with the Task Force, which on June 20, 2006 provided a substantial presentation to the Police Commission.

Given the significance to the community of accurate crime data, and the imperative that it be clearly understood, this office recommends that, in the future, the LAPD notify the City Council before it alters any method of reporting crime data.

-2- RECOMMENDATION

That the City Council instruct the LAPD to report to the City Council with recommended changes to methods or procedures for reporting crime data, prior to implementing them.

FISCAL IMPACT

None.

BACKGROUND

The "Return A- Monthly Return Of Offenses Known To The Police" (Return A) is the form local, county, state, tribal and federal law enforcement agencies use monthly for the Uniform Crime Reporting (UCR) Program to collect and report data on all Part I offenses within their jurisdictions. This is a voluntary program, however more than 17,000 law enforcement agencies across the country participate. LAPD would not consider withdrawing its participation.

Because federal crime data cannot be aggregated unless it is collected consistently from participating law enforcement agencies, the UCR guidelines were developed in 1929 to establish uniform instructions for completing Return A. These guidelines have not been changed since 1980. The reporting guidelines often differ from local penal codes. For example, under the guidelines, not all domestic violence crimes are considered to be Part I crimes. However, under the California penal code, nearly all domestic violence crimes can be charged as a felony. Treating all domestic violence crimes as serious offenses has been LAPD's long standing practice, at least since the City's settlement of the Lula Mae Thomas lawsuit.

When LAPD reviewed its reporting procedures governed by UCR guidelines, it identified and corrected three misapplications of the guidelines. Specifically, LAPD realized that it was occasionally reporting multiple crimes instead of the highest classified crime as required by the guidelines. For example, one incident which involves a robbery, a rape and homicide is reported only as the highest classified crime, a homicide, under the "hierarchy rule" of the guidelines. The UCR's hierarchy rule classifies the following Part I crimes from the highest to lowest offense: criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson.

Also, LAPD realized that it was occasionally reporting failure to return rental cars as grand theft auto rather than embezzlement as required under the guidelines.

Finally, LAPD noted that it had been reporting all domestic violence crimes as Part I aggravated assaults, rather than reporting some as Part II simple assaults or batteries, regardless of whether they actually qualified as Part I aggravated assaults under UCR guidelines. Under the guidelines,

-3- any assaults that are not aggravated are classified as simple assaults. An aggravated assault is defined as "an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm."

Under the UCR guidelines, there are four categories of aggravated assault: 1) aggravated assault with a firearm, 2) aggravated assault with a knife or cutting instrument, 3) aggravated assault with other dangerous weapons (including mace, pepper spray, clubs, bricks, jack handles, tire irons, bottles or any other blunt instruments used to club or beat, explosives, acid, lye, poison, scalding, burnings, and others), and 4) aggravated assault with hands, fists, feet, etc. This last category includes only attacks with hands, arms, feet, fists and teeth that result in serious or aggravated injury such as broken bones, internal injuries or injuries for which stitches are required. The guidelines explicitly state that law enforcement agencies "must classify the offense as a simple assault ifthe injuries are not serious (abrasions, minor lacerations, or contusions) and require no more than usual first-aid treatment."

Under the UCR guidelines, simple assaults, which are Part II offenses, include "all assaults which do not involve the use of a firearm, knife, cutting instrument, or other dangerous weapon and in which the victim did not sustain serious or aggravated injuries." The guidelines also explicitly state that "under certain circumstances, offenses of ... domestic violence ... must be classified as simple assault."

The UCR guidelines describes a simple assault as "an unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness."

The UCR guidelines also classify as Part II crimes "offenses against the family and children" which are defined as "unlawful nonviolent acts by a family member (or legal guardian) that threaten the physical, mental, or economic well-being or morals of another family member and that are not classifiable as other offenses, such as Assault or Sex Offences. Agencies must include in this classification: nonviolent cruelty to other family members; nonviolent abuse; desertion, abandonment, or nonsupport of spouse or child; neglect or abuse of spouse or child (if injury is serious, score as aggravated assault); nonpayment of alimony; and attempts to commit any of the above."

So, even though California Penal Code Section 273.5(a) allows a simple assault with a visible injury or injury of a minor nature to be prosecuted and punished as a felony in domestic violence situations (a "273.5 Felony''), under UCR guidelines, a simple assault must be distinguished from an aggravated assault in both spousal and child abuse situations for UCR reporting. This application of the UCR guidelines has been verified to us by both the FBI and the California DOJ.

-4- If the City of Los Angeles sought to change the UCR guidelines to more accurately reflect the way in which LAPD and other law enforcement agencies in California actually respond to domestic violence crimes, the City could petition the UCR's Advisory Policy Board (APB). The City could also petition the State of California to participate in the National Incident-Based Reporting System (NIBRS) which provides considerably more detail and, according to the FBI, "yields richer and more meaningful data than those produced by the traditional summary UCR system." Regardless of whether the City pursues those avenues, the LAPD should continue to maintain its own reporting procedures to support the operations of the LAPD, the local community and its Providers. ~;f Felipe Chavez

Analysts

GFM: SMT: LMO: BKC

Attachments: 1) LAPD Return A, Supplement to Return A, and Monthly Report of Domestic Violence-Related Calls for Assistance for May 2006 (both Valley and City) 2) LAPD COMPSTAT report for DP 4/23/06-05/20/06 3) Special Order No. 1 on Domestic Violence, January 1, 1986 4) Standards and Procedures Regarding Domestic Violence, February 1986 5) June 14, 2006 transmittal from the Los Angeles City Domestic Violence Task Force to the Board of Police Commissioners

N:\CLA Report Domestic Violence Statistics.wpd

-5- ATTACHMENT 1 - CITY 4-927d (Rev. &-7-89) Form Approved REYURN A. ~!ONTHLY RETURN OF OFFENSES KNOWN TO THE POLICE OMB No. 11 Q-000 1 ·- 2 3 4 5 6

~REPORTED UNFOUNDED, I.E., NUMBER OF ACTUAl. TOTAL OFFENSES NUMBER OF CLEARANCES CLASSIFICATION OF OFFENSES OR KNOWN TO POLICE FALSE OR BASELESS ~ (COL!.M-12 CLEARED BY ARREST INVOLVING ONLY PERSONS (INCLUDE '\JNFOUNDED" COMPLAINTS MINUS COLUMN 3) OR EXCEPTIONAL UNDER 18 YEARS OF AGE AND ATTEMPTS) (INCLUDE ATTEMPTS) MEANS (INCLUDES COL. 6) 1. :RIMINJ , HOMICIDE

a. MURDER AND NON-NEGLIGENT HOMICIDE (score aHempts as aggravated assalJ)I.) If homlclde reported, slbmlt Supplementary Homicide Report ... 38 0 38 16 0 . b. w.NSLAUGHTER BY NEGLIGENCE ~!Mil. 0 0 0 0 0 2. FORCIBLE RAPE TOTAL : 68 4 64 21 1 a. Rape by Force 58 4 54 19 1 b. Attempts to commit Forcible Rape 10 0 10 2 0 3. ROBBERY TOTAL 1,087 2 1,085 222 30 a. Firearm 400 0 400 68 7 b. Knife or cutting lnstnment 124 1 123 30 3 c. Other Dangerous WeapOn 114 1 113 20 2 d. Strong-Ann (Hands, Fists, Feet, Etc.) 449 0 449 104 18 4. ASSAULT TOTAL 3,339 12 3,327 1,542 84 a. Are ann ;:t,i:: 433 1 432 82 3 b. Knife or Cutting Instrument 223 0 223 76 4 c. other Dangerous Weapon 276 2 274 100 13 d. Hands, Fists, Feet, Etc. • Aggravated lnju"y 137 0 137 62 3 e. Other Assaults • Simple, Not Aggravated 2,270 9 2,261 1,222 61 5. BURGLARY TOTAL 1,088 5 1,083 158 31 a. Forcible Entry ;:r- 714 2 712 85 23 b. Unlawll.i Entry • No Force [~ 352 3 349 71 8 c. AHempted Forcible Entry 22 0 22 2 0 , 6. LARCENY· rnror . TOTAL (Except •Theft) 3,430 20 3,410 318 14 7. MOTOR VEHICLE THEFT TOTAL 1,565 25 1,540 104 7 .. Autos 1,061 20 1,041 100 7 b. Trucks and Buses 465 5 460 4 0 c. other Vehicles 39 0 39 0 0 .·. GRAND TOTAL : 10,615 68 10,547 ~1 167 CHECKING ANY OF. , c BLOCKS BELOW WILL ELIMINATE YOUR TO SUBMIT REPORTS WHEN HE VALUES ARE ZERO. DO NOT USE THIS SPACE THIS WILL ALSO AID THE NATIONAL PROGRAM IN ITS QUALITY CONTROL EFFORTS. NO Slf>PLEMENT.A.RYHOMCOE REPORT stSMTTEO SNCE NO NOAGE.SE.X,Al'ORACE OFPERSONSAARESTEOliDER 1B INITIALS 0 M..f.IDERS, JJSTFIABlE HOMCDES, OR MANSlAuGHTERS EY D l'EARS OF AGE REPORTS Si'K:E NO ARRESTS OF PERSONS 'MTHN I'EGlJGENCC occ~ N THS ~ISDIC110N l)l_f;!J.~G Tt-t: MONTH. THS AGE GROL'P. RECORDED

NO SUPPlEM:ENT TO ~N A REPORT SNCE NO CRt.£ OFFENSES NO AGE. SEX.,NDRACEORPERSONSARRESTEO 1B'I'EARS oF EDITED 0 OR RECOVERY OF PROPERTY REPORTED OI.:.JRt.IG 11-E MONTH AGE .ANJ OVER REPORT SNCE NO ARRESTS OF PERSONS IMTHN D THS AGE GROUP. ENTERED NO LAW ~ORCEMENT OFFICERS KLLED OR ASS AU.. TEO REPORT SINCE NOI'E 01= T1-E O!=FICERS lftoERE ASSAI.A..TED OR KLLED l:li.RING NO MON1lt.. YRETl..RN OF ARSON OFFENSES Kf'I()'M.I TO LAW 0 ADJUSTED 11-EMONTH. D EI'FORCEMENT REPORT ~CE NO ARSONS OCct.mEO. CORRES

MAY2006 193V 3,978,000 Month and Year of Report Agency Identifier Popufation JUNE 21, 2006 Date NINA NIEVES, C.T. Prepared By I Title Los Angeles Police Department WILLIAM J. BRATTON Agency and state Chief STATE COPY PROPERTY STOLEN BY CLASSIFICATION Due to system migration to comply with Y2K requirements, the statistics in this table may be subject to updating. Number of Actual ..:>- Value of Property'Stolen CLASSIFICATION ~~ Offenses (Column 4 oz Report Whole Dollars Only) w Return "

1. MURDER AND NON-NEGLIGENT MANSLAUGHTER 12 38 $ 0

FORCIBLE RAPE 20 64 $

ROBBERY

TOTAL ROBBERY

4. ASSAULT

TOTAL BURGLARY

6. LARCENY -THEFT (Except Motor Vehicle Theft) OVER $400

TOTAL LARCENY

7. MOTOR VEHICLE THEFT $ 877 100

GRAND TOTAL- ALL ITEMS $ 17 523

ADDITIONAL ANALYSIS OF LARCENY AND MOTOR THEFT (6X AND 7X)

6X. ~~~~~~~~~~~~~

7X.

(2) SUPPLEMENT TO RETURN A MONTHLY RETURN OF OFFENSES KNOWN TO THE POLICE

INSTRUCTIONS: Total offenses recorded on this form should be the same as the number of actual offenses listed in column 4 of Return A (for each crime class). Include attempted crimes on this form and Return A.

This form deals with the nature of crime (type of act and place committed) and the value of property stolen and the amount recovered. Tally sheets for this form will be sent upon request.

PROPERTY BY TYPE AND VALUE

Type of Property Value of Property Stolen and Recovered in Your Jurisdiction

Stolen Recovered (1)

(A) Currency, Notes, etc. $ 2,672,559 $ 14,419 (B) Jewelry and Precious Metals $ 4,012,604 $ 5,475 (C) Clothing and Furs $ 429,655 $ 25,239 (D) Locally Stolen Motor Vehicles $ 5,097,124 $ 4,432,000 (E) Office Equipment $ 997,436 $ 7,670 (F) Televisions, Radios, Stereos, etc. $ 947,581 $ 15,941 (G) Firearms $ 170,862 $ 500 (H) Household Goods $ 70,750 $ 648 (I) Consumable Goods $ 50,367 $ 24,176 (J) Livestock $ 0 $ 0 (K) Miscellaneous $ 3,391,585 $ 57,677 TOTAL $ 17,840,523 $ 4,583,745

NOTE: Total of column (2) should agree with grand total (DATA ENTRY 77) shown on page 2. In column (3) include all property recovered even though stolen in prior months. The above is an accounting for only that property stolen in your jurisdiction. This will include property recovered for you by other jurisdictions but not property you recover for them.

Los Angeles Police Department 193V MAY2006 AGENCY AGENCY IDENTIFIER MONTH AND YEAR OF REPORT

JUNE 21, 2006 DATE

NINA NIEVES, C.T. PREPARED BY I TITLE

WILLIAM J. BRATTON CHIEF

FORWARD BY 1OTH WORKING DAY AFTER CLOSE OF MONTH TO: BUREAU OF CRIMINAL STATISTICS P.O. Box 903427 Sacramento, CA 94203-4270 JUS 729C(12/90)

Due to system migration to comply with Y2K requirements, the statistics in this table may be subject to updating. NUMBER OF VIOLENT CRIMES COMMITTED AGAINST SENIOR CITIZENS

IN ACCORDANCE WITH SENATE CONCURRENT RESOLUTION NO. 64, IT IS REQUESTED THAT LOCAL LAW ENFORCEMENT AGENCIES AND THE DEPARTMENT OF JUSTICE PROVIDE THE LEGISLATURE WITH STATISTICAL INFORMATION CONCERNING VICTIMS OF VIOLENT CRIMES WHO ARE 60 YEARS OF AGE OR OLDER.

Please complete one form for each month and submit it with your "Return A - Monthly Return of Offenses Known to the Police." Report the number of persons, 60 years of age or older, who were victims of any of the crimes shown below. When multiple crimes occurred during a single incident, show only the most serious for each victim according to the order of the following list.

NUMBER OF VICTIMS. TYPES OF VIOLENT CRIMES 60 YEARS OF AGE OR OLDER

1 HOMICIDE 0

2 FORCIBLE RAPE 0

3 ROBBERY 86

4 AGGRAVATED ASSAULT 56

5 TOTAL 142

LOS ANGELES POLICE DEPARTMENT 193V NAME OF AGENCY AGENCY NCIC NUMBER

MAY2006 NINA NIEVES REPORT PERIOD (MONTH AND YEAR) PREPARED BY

If you have no data to report for the month, please write the word "NONE" across the face of this form and submit it with your "Return A".

RETURN TO: BUREAU OF CRIMINAL STATISTICS P.O. BOX 903427 SACRAMENTO, CA 95203-4270

BCS 727(Rev. 7/89) BCSFORMS3

Due to system migration to comply with Y2K requirements, the statistics in this table may be subject to updating. MONTHLY REPORT OF DOMESTIC VIOLENCE-RELATED CALLS FOR ASSISTANCE California Penal Code (PC) Section 13730(a)

Type of data Number Total domestic violence calls received and verified ...... 1,533

Total cases in which weapons were involved ...... 1 '111 Firearm ...... 18

(IJ +J 0 Knife or cutting instrument...... 48 .a+J :J Other dangerous weapon ...... 184 (f) Personal weaopn (hands, fists, feet, etc.) ...... 861

LOS ANGELES POLICE DEPARTMENT 193V NAME OF AGENCY AGENCY NCIC NUMBER

MAY 2006 NINA NIEVES REPORT PERIOD (MONTH AND YEAR) ------PREPARED BY

INSTRUCTIONS FOR COMPLETION:

REPORT ONLY THOSE DOMESTIC VIOLENCE-RELATED CALLS FOR ASSISTANCE WHICH HAVE BEEN VERIFIED. SEE REVERSE SIDE OF THIS FORM FOR PENAL CODE STATUTES TO BE USED WHEN COMPLETING THIS FORM.

1. Enter the total number of domestic violence-related calls that are received and verified by your agency in the "Total domestic violence calls received and verified" column. Of the "Total domestic violence calls received and verified," enter the number of cases involving weapons in the "Total cases in which weapons were involved" column. Of the "Total cases in which weapons were involved," enter the subtotal for each weapon category.

2. Complete one form for each month and submit the form with your "Return A - Monthly Return of Offenses Known to the Police."

3. If there are no calls received during the reoprt period, write the word "NONE" across the face of this form and submit it with your "Return A"

RETURN TO:

CRIMINAL JUSTICE STATISTICS CENTER P.O. BOX 903427 SACRAMENTO, CA 94203A270

CJSC 715 (Rev. 9197) BCS FORMS DISK

Due to system migration to comply with Y2K requirements, the statistics in this table mqy be subject to updating. ATTACHMENT I- VALLEY

4-927d (Rev.ll-7-89) Fonn ~oved RETURN A· MONTHLY RETURN OF OFFENSES KNOWN TO THE POUCE OMB No. 11Q-0001 J 2 3 4 5 8

~REPORTED IA'lFOUNDED, I.E., tu.IBER OF ACTUAl. TOTAL OFFENSES tu.IBER OF CLEAIW'K:ES CLASSIFICATION OF OFFENSES OR KNOWN TO POLICE FALSE OR BASELESS ~(COLI.MI2 CLEARED BY ARREST INVOLVING ONLY PERSONS (INCLUDE 'UlFOIA'lDED" COMPLAINTS MINUS COLI.MI 3) OR EXCEPTIONAL ll'lDER 18 YEARS OF AGE AND ATTEMPTS) (INCLUDE ATTEMPTS) MEANS m. (INCLUDES COL. B) 1. I

MURDER AND NO~EGLIGENT HOMICIDE (score attempls .. : as aggravated assauM:) ff homicide reported, slbnlt Supplementary Homicide Report II~l 4 0 4 5 0 b. MANSLAUGHTER BY NEGLIGENCE 0 0 0 0 0 2. FORCIBLE RAPE TOTAL 28 0 28 10 1 •. Rape by Force 24 0 24 7 0 b. Attempts to convnit Forcible Rape 4 0 4 3 1

3. ROBBERY TOTAL : : 237 3 234 36 2 .. Are arm 99 1 98 14 1 b. Knife or elAting lnstn.me.nt ![i~· 17 0 17 2. 0 c. Other Dangerous Weapon 24 0 24 3 0 d. Strong-,lnn (Hands, Fists, Feet, Etc.) 97 2 95 17 J 4. ASSAULT TOTAL 1,252 1 1,251 624 31 .. Fire ann 77 0 77 40 1 b. Krlle or cutlng lnstn.ment 49 0 49 20 1 c. Other Dangerous Weapon 101 0 101 41 3 d. Hands, Fists, Feet, Be. - Aggavated lnjll'y 46 1 45 27 1 .. other AssaiJts- Simple, Not Aggravated 979 0 979 496 25 5. BURGLARY TOTAL 687 9 678 95 5 .. Forcible Entry ~rr~~ 505 6 499 65 1 b. Unlawf\A Entry - No Force ~~:51 171 3 168 ·30 4 c. Atterr.,ted Forcible Entry 11 0 11 0 0 6. LARCENY· THEFT TOTAL (Except Molor Vehicle The~) 1,643 7 1,636 151 9 7. MOTOR VEHICLE THEFT TOTAL 678 11 667 33 4 .. Autos 413 8 405 31 3

b. TNcfts and Buses .. 218 3 215 2 1 .·=:· c. Other Vehicles 47 0 47 0 0 GRANDTOTAL . I 4,529 31 4,498 954 52 'Of lHE. . BLOCKS"~' ••• ELIMINATE YOUR •TO SUBMIT "~c m•~ ...,u. HE VALUES ARE ZERO. DO NOT USE lHIS SPACE THIS WILL ALSO AID lHE NATIONAL PROGRAM IN ITS QUALITY CONTROL EFFORTS. NO Slf'Ple.ENTARYHOMCOE REPORT SUI3MTTED ~NO NO AGE, SEX. ANJ RACE OF PERSONS ARRESTED t.WER 11 INITIALS D t.rJ.IROERS, JJSTFIABLE HOt.tCDES. OR MANSLAUGHTERS eY D 'fEARS OF AGE REPORTS stK:E NO ARRESTS OF PERSONS 'MTHN f-.EGLIGENCE OCct.RREO N THS ..ft.RSDICTION ~ Tl£ MONTH. fHS AGE GROUP. RECORDED

NO Sl.IPPLa£NT TO~ A REPORT SNCE NO CRt.£ OI=!=ENSES NO AGE,SEX,NCRACE OR PERSONS ARRESTED 18'J'EARS OF= EDITED D 0~ RECOVERY OF PROPERTY REPORTED Dl.J««7ll-E MONTH. D AGE /41C) OVER REPORT SNCE NO ARRESTS OF PERSONS V'lffHN lHS AGE GROl.'P. ENTERED NO LAW e.f'ORCEMENT OHK:ERS KLLED ~ ASSAUL TEO REPORT SNCE NOt£ OF TH: OFFICERS lfoi£RE ASSAU.. TEO OR KLLED DURING NO MONTH..YRET\..F!N OF ARSON OFFENSES KNCJVoh.l TO LAW D ADJUSTED THEMONlH D EM=ORca.£NT REPORT SNCE NO ARSONS OCOJRREO COR RES

MAY2006 193V 3,978,000 Month and Year of Report Agency Identifier Popufation JUNE 21, 2006 Date NINA NIEVES, C.T. Prepared By /Tille Los Angeles Police Department WILLIAM J. BRATION Agency and state Chief STATE COPY PROPERTY STOLEN BY CLASSIFICATION Due to system migration to comply with Y2K requirements, the statistics in this table may be subject to updating. Number of Actual <(>- Value of Property Stolen CLASSIFICATION ~~ Offenses (Column 4 l oz Report Whole Dollars Only) w Return

1. MURDER AND NON-NEGLIGENT MANSLAUGHTER 12 4 $ 0

FORCIBLE RAPE 20 28 $ 0

3.

5.

TOTAL BURGLARY

6. LARCENY -THEFT (Except Motor Vehicle Theft) OVER$400

TOTAL LARCENY arne As Item

7. MOTOR VEHICLE THEFT

ANALYSIS OF LARCENY AND MOTOR THEFT (6X AND 7X)

6X. NATURE OF LARCENIES UNDER ITEM 6 POCKET-PICKING

(2) SUPPLEMENT TO RETURN A MONTHLY RETURN OF OFFENSES KNOWN TO THE POLICE

INSTRUCTIONS: Total offenses recorded on this form should be the same as the number of actual offenses listed in column 4 of Return A (for each crime class). Include attempted crimes on this form and Return A.

This form deals with the nature of crime (type of act and place committed) and the value of property stolen and the amount recovered. Tally sheets for this form will be sent upon request.

PROPERTY BY TYPE AND VALUE

Type of Property Value of Property Stolen and Recovered in Your Jurisdiction

Stolen Recovered (1)

(A) Currency, Notes, etc. $ 1,652,338 $ 50,166 (B) Jewelry and Precious Metals $ 832,890 $ 867 (C) Clothing and Furs $ 85,931 $ 5,057 (D) Locally Stolen Motor Vehicles $ 2,074,540 $ 1,526,400 (E) Office Equipment $ 556,926 $ 775 (F) Televisions, Radios, Stereos, etc. $ 623,667 $ 17,212 (G) Firearms $ 116,083 $ 25 (H) Household Goods $ 135,667 $ 0 Consumable Goods $ 22,633 $ 2,399 Livestock $ 0 $ 0 Miscellaneous $ 2,242,504 .$ 18,756 TOTAL $ 8,343,179 $ 1,621,657

NOTE: Total of column (2) should agree with grand total (DATA ENTRY 77) shown on page 2. In column (3) include all property recovered even though stolen in prior months. The above is an accounting for only that property stolen in your jurisdiction. This will include property recovered for you by other jurisdictions but not property you rec.over for them.

Los Angeles Police Department 193V MAY2006 AGENCY AGENCY IDENTIFIER MONTH AND YEAR OF REPORT

JUNE 21, 2006 DATE

NINA NIEVES, C.T. PREPARED BY I TITLE

WILLIAM J. BRATTON CHIEF

FORWARD BY 10TH WORKING DAY AFTER CLOSE OF MONTH TO: BUREAU OF CRIMINAL STATISTICS P.O. Box 903427 Sacramento, CA 94203-4270 JUS 729C(12/90)

Due to system migration to comply with Y2K requirements, the statistics in this table may be subject to updating. NUMBER OF VIOLENT CRIMES COMMITTED AGAINST SENIOR CITIZENS

IN ACCORDANCE WITH SENATE CONCURRENT RESOLUTION NO. 64, IT IS REQUESTED THAT LOCAL LAW ENFORCEMENT AGENCIES AND THE DEPARTMENT OF JUSTICE PROVIDE THE LEGISLATURE WITH STATISTICAL INFORMATION CONCERNING VICTIMS OF VIOLENT CRIMES WHO ARE 60 YEARS OF AGE OR OLDER.

Please complete one form for each month and submit it with your "Return A - Monthly Return of Offenses Known to the Police." Reporl the number of persons, 60 years of age or older, who were victims of any of the crimes shown below. When multiple crimes occurred during a single incident, show only the most serious for each victim according to the order of the following Jist.

NUMBER OF VICTIMS TYPES OF VIOLENT CRIMES 60 YEARS OF AGE OR OLDER ' 1 HOMICIDE 1

2 FORCIBLE RAPE 1

3 ROBBERY 41

4 AGGRAVATED ASSAULT 16

5 TOTAL 59

LOS ANGELES POLICE DEPARTMENT 193V NAME OF AGENCY AGENCY NCIC NUMBER

MAY 2006 NINA NIEVES REPORT PERIOD (MONTH AND YEAR) PREPARED BY

If you have no data to reporl for the month, please write the word "NONE" across the face of this form and submit it with your "Return A".

RETURN TO: BUREAU OF CRIMINAL STATISTICS P.O. BOX 903427 SACRAMENTO, CA 95203-4270

BCS 727(Rev. 7/89) 8CSFORMS3

Due to system migration to comply with Y2K requirements, the statistics in this table may be subject to updating. MONTHLY REPORT OF DOMESTIC VIOLENCE-RELATED CALLS FOR ASSISTANCE California Penal Code (PC) Section 13730(a)

Type of data Number Total domestic violence calls received and verified ...... 698 Total cases in which weapons were involved ...... 504 Firearm ...... 3

LOS ANGELES POLICE DEPARTMENT 193V NAME OF AGENCY AGENCY NCIC NUMBER

MAY 2006 NINA NIEVES REPORT PERIOD (MONTH AND YEAR) --:P:::R~E:=PA~R=:E:::D:-::8:::-Y:------

INSTRUCTIONS FOR COMPLETION:

. REPORT ONLY THOSE DOMESTIC VIOLENCE-RELATED CALLS FOR ASSISTANCE WHICH HAVE BEEN VERIFIED. SEE REVERSE SIDE OF THIS FORM FOR PENAL CODE STATUTES TO BE USED WHEN COMPLETING THIS FORM.

1. Enter the total number of domestic violence-related calls that are received and verified by your agency in the "Total domestic violence calls received and verified" column. Of the "Total domestic violence calls received and verified," enter the number of cases involving weapons in the "Total cases in which weapons were involved" column. Of the "Total cases in which weapons were involved," enter the subtotal for each weapon category.

2. Complete one form for each month and submit the form with your "Return A- Monthly Return of Offenses Known to the Police."

3. If there are no calls received during the reoprt period, write the word "NONE" across the face of this form and submit it with your "Return A."

RETURN TO:

CRIMINAL JUSTICE STATISTICS CENTER P.O. BOX 903427 SACRAMENTO, CA 94203-4270

CJSC 715 (Rev. 9/97) BCS FORMS DISK

Due to system migration to comply with Y2K requirements, the statistics in this table may be subject to updating. COMPSTAT

Population: 3,978,000 1st Asst. Chief James P. McDonnell Area: 473.14 sq. miles of Operations: Asst. Chief George Gascon 2006 Violent Crimes per 1000: 2.8 of Support Services: Asst. Chief Sharon K. Papa 2006 Part I Crimes per 1000: 12.4 Total Number of Sworn: 9,272

>-

(1~ ::c ~ "Part II Child/Spousal Abuse Simple Assaults not included in Part I Aggravated Assaults above to comply with the FBI's Uniform Crime Reporting guidelines. "*Statistics include domestic violence. Statistics are based on the date the crime or arrest occurred. Population based on 2004 lTD Statistical D1gest .....,~ Prepared by: COMPSTAT Section Statistics are Preliminary and Subject to Further Analysis and Revision Date: 05/23/06 N ·, ' .• OFFICE OF THE CHIEF OF POLICE ~ ATTACHMENT 3 A c ~ i \~~s '\1~ SPECIAL ORDEJt NO. 1 JANUARY 1, 1986 SUBJECT: DOMESTIC VIOLENCE PURPOSE: Effective January 1, 1986, law enforcement agencies are· required to report all inci- . dents of domestic violence and provide statistical data to the Attorney General on domestic violence calls. This Order states the Department policy on domestic violence, defines domes­ tic violence, instructs employees on how to report incidents of domestic violence and activates the Domestic Violence Victim's Memo. Domestic Violence Temporary Restraining Orders (TRO) are redesignated as Domestic Violence Restraining Orders (DVRO) and include all restraining orders re­ lating to domestic violence. Additional responsibilities are assigned to Automated Information Division, Robbery-Homicide Division, and Training Division.

POLICY: It is the policy of this Department that domestic violence is alleged criminal conduct and that a request for assistance in a situation involving domestic violence is the same as any other request for assistance where violence has occurred.

PROCEDURE: n. I. DOMESTIC VIOLENCE-DEFINED. "Domestic violence" is abuse committed against an adult or fully emancipated minor who is a spouse, former spouse, cohabitant, former cohabitant, or ·a person with whom the suspect has had a child or has had a dating or en­ gagement relationship. Note: "Abuse" means intentjonally or recklessly causing or attempting to cause bodily !njury, or placing another person in reasonable appre~ens.ion of if!1r:ninent serious bodily InJury to onEiself or another. (Reasonable apprehension IS a suspicion or fear of future · harm as perceived by a reasonable person in a similar situation). · II. DOMESTIC VIOLENCE VICTIM'S .MEMO, FORM 15.40.1-ACTIVATED. This form .... Rrov!des specific ,inform-ation reguired by Penal ~ode Section 1?7P1 for victim~ of.domes­ tic violence. Officers shall provide a copy of this form to all victims of domestic violence. ) Ill. REPORTING DOMESTIC VIOLENCE;_EMPLOYEE RESPONSIBILITIES. When· con­ fronted with a domestic violence incident, officers shall: * Investigate the incident and take appropriate action, and; * Complete a Preliminary Investigation Report (PI R) and/or Arrest Report on all in­ cidents involving domestic violence and write domestic violence in the MO portion . of the report. . . . If the circumstances of an incident do not provide the corpus delicti of a specific crime, a short form PI R shall be completed and titled Domestic Violence. In cases where there is no speeific crime, no suspect information shall be. listed. All persons involved in tbe occurrence shall be listed in the "involved persons'" section ofthe PlR. Note: A report must be completed on all incidents whichmeetthe criteriaofdqmes­ tic violence as defined in this Order whether or not a specific crime t)a~_beeo iqenti" fied. The !-lnwillingness of the. victim of domestic violence to sign ~ r~port does 110t exempt officers from the requirement to complete a report of the mc1dent. An ex­ ample of a short form PI R which describes a domestic dispute when no crime had occurred is attached to this Order. When a DR number is obtained for the report, the terminal operator shall ensure that the proper entry is made for domestic violence in the Police Arrest and Crime Management Information System (PACMIS).

Th~ Preliminary Investigation Report, Form 3.1, and Arrest Report, Form 5.2, will be revised at the next printing to add a checkbox within the MO portion for·domestic violence.

IV. COMMUNCATIONS DIVISION-RESPONSIBILITY. Communications Division shall dispatch a unit whenever an incident of domestic violence is reported.

DISTRIBUTION "A" SPECIAL ORDER NO. 1 -2- JANUARY 1i19!J6 ~~· -: ...1 ..._~: /. ..

v. AUTOMATED INFORMATION DIVISION RESPONSIBILITY-EXPANDED. Automated II Information Division shall be responsible for generating domesti.c. violence statistics as required by Penal Code Section 13730(a) and submitting the data on a monthly basis to the California State Attorney General. VI. TRAINING DIVISION AND ROBBERY-HOMICIDE DIVISION RESPONSIBILITIES- EXPANDED. · A. . Training Division. The Specialized Training Section, Training· Division, shall. maintain liaison with the Los Angeles County Domestic V~olence Council on matters relative to training and standards. B. Robbery-Homicide' Division. The Rape and Domestic Violence Section, Robbery­ Homicide Division, ·shall maintain liaison with the L9s Angeles County Domestic Violence Counci.l on matters relative to investigative expertise. VII. DOMESTIC VIOLENCE TEMPORARY RESTRAINING ORDERS ARE REDESIGNATED AS DOMESTIC VIOLENCE RESTRAINING ORDERS. Domestic, Violence Temporary Restraining Orders· (THO) are redesignated as Domestic Violence Restraining Orders (DVRO). A DVRO is any order issued by a court irfa domestic situation including bqt not limited to.: a harassment restraining order, a. temporary restraining order, a criminal stay­ away order, or any civil protective order issued by a court in a dissolution or custody procedure. · l\lote:. The Control Log, Temporary Restraining Orders, .Form· 15.40, will be revised at the next printing to retitle it Control Log, Domestic Violence Restraining Orders. Proce­ dures regarding DomesticViolence Restraining' Orders remain unchanged from those which· dealt with Domestic VrolenceTemporary Restraining Orders. ·

FORMS AVAILABILITY: The Domestic Violence Victir~'s Memo, ·Form 15,40,1, is available at Supply Division. Order information: material code number 8513510, issue unit P..,-1 00.

AMENDMENTS:· this Order adds Sections l/240.20; 5/3.1J, and 5/t5.40,J e~nd amends S~etions 2/530:25, 2/620.31, 2/630.15, 2/1045.75, 3/210.1~216.03, 4/216.04, 4/216.06, and 5/15.40 of, the Department Manual. ~ . AUDIT R~SPONSIBILITY: The commanding officers of Personnel and Tr8ining Bureau, Support ·Services Bureau, and each operations bureau shall monitor compliance with this directive in accordance with Department Manual Section 0/080.30. . ·

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WAKE YODEL Exterior Body Windows SUSP'S IYUR I CUSTOM. ·WHEELS I DAMAGE 5 RIGHT I DAMAGE 5 RIGHT ' VEHICLE 2 PAINTED INSCRIPT. 2 MODIFIED 6 FRONT 2 CUST. TINT 6 fRONT 3 LEVEL ALTERED COLOR (S) VEH. LIC. NO. 4 RUST I PRIMER 3 STICKER 7 REAR 3 CURTAINS 1 REA~ DAMAGED 5 CUSTOM PAINT 4 LEFT 4 LEfT INSIDE 6 VINYL TOP [J NAME, ADDRESS, DOB, If KNOWN; NAME, BKG. NO., CHARGE, If ARRESTED. ~EX I DES C. I HAiR EYES I HEIGHT WEI~/~AGE CLOTHING ) S-1 PERSONAL ODDITIES (UNUSUAL fEATURE/S, SCA~~· ETC.) ., Weapon (VERBAL THREATS, BODILY FORCE, SIMULATED GUN, ET' or •N•

NARRAT-IVE 11 usT AoD'L susPs .• v1cTs., a INVOLVED PERSONS. 21 RECONSTRucT occuRRENCE, INCL. ALL ELEMENTs or coRPus DELECTI. 3) 1r NOT us1NG EVID. coNTINUATION FORM, . DESCRIBE EVIDENCE INCLUDE PRINTS. STATE LOCATION FOUND AND B_Y WHOM. GIVE DISPOSITION. 4) SUMMARIZE OTHER DETAILS, INCL. WHEN a WHERE PERSONS WITH "NO PHONE CAN BE LOCATED. 5) INDICATE TYPE Of TRANSLATOR NEEDED FOR ANY INVOLVED P[RSON. 6) LIST ITEMS MISSING. ITEM II QUAN. ARTICLE SERIAL II BRAND MOOEL II MISC. COLOR SIZE INSCRIPTIONS CALIBER ETC.) DOLLAR VALUE·· :

- ;

0 "'I­ ~)- 1-D­xo laiU

\ ) VICTIM INDEMNIFICATION INFORMATION (IF APPLICABLE): }

SUPERVISOR APPROVING SERIAL NO. DETECTIVE SUPERVISOR REVIEWING SERIAL NO. APPROVAL Caiegory _·_·-·· _·· ___· · AND DATE a TIME REPRODUCED DIVISION CLERK REVIEW CLEARED BY ARREST DYes 0 No ATTACHMENT 4

STANDARDS AND PROCEDURES REGARDING DOMESTIC VIOLENCE

LOS ANGELES POLICE DEPARTMENT

DARYL F. GATES Chief of Police

FEBRUARY, 1986 INTRODUCTION

The distribution of these guidelines is the result of the settlement of a lawsuit, Lula Mae Thomas et.al vs. City of Los Angeles, regarding domestic violence. Over the years law enforcement officers have used a variety of methods as alternatives to making arrests to resolve domestic violence incidents. However, it is the policy of this Department that domestic violence is alleged criminal conduct and that a request for assistance in a situation involving domestic violence is the same as any other request for assistance where violence has occurred. STANDARDS AND PROCEDURES FOR LAPD RE: DOMESTIC VIOLENCE CRIMES

A. DEFINITIONS For purposes of this DOCUMENT, the terms set forth below are defined as follows:

1. "FAMILY OR HOUSEHOLD MEMBER" means a spouse or former spouse; or a cohabitant or former cohabitant who has or had a domestic relationship with a complainant; a person with whom the complainant has or has had a dating or engagement relationship as defined in Penal Code Section 13700{a); or in cases of enforcement of a valid restraining order such categories of persons who may be the subject of restraining orders within the purview of pertinent California statutes.

2. "DOMESTIC VIOLENCE" means any crime chargeable under the California Penal Code or any other relevant criminal statute or ordinance perpetrated against a FAMILY OR HOUSEHOLD MEMBER as defined in paragraph A{l) above by a FAMILY OR HOUSEHOLD MEMBER as is also defined in paragraph A{1) above, and including by way of example, and not by way of limitation, California Penal Code Sections 240; 242; 245; 261; 262; 273.5; 273.6; 415; 602.5; 594; 603; 653(m); and 13700.

3. "PERSONNEL" means any employee of the Los Angeles Police Department {herein­ after referred to as "LAPD") whose work consists of law enforcement and related activities whether such an employee is a sworn officer or a civilian employee.

4. "RESTRAINING ORDERS" are defined as valid r.estraining orders: Temporary Restraining Orders, Orders for Re-lssuance of Order to Show Cause, and/or Orders after Hearing obtained under Sections 4359, 4458, 4516, 7020 and 7021 of the California Civil Code, Section 527.6 of the California Code of Civil Procedure, and Chapter 4 {commencing with Section 540) of Title 7 of Part 2 of the California Code of Civil Procedure known as the Domestic Violence Prevention Act.

5. "DOMESTIC RELATIONSHIP" refers to relationships between persons who are presently living or residing in the same household or who have in the past lived or resided in the same household. A DOMESTIC RELATIONSHIP includes, but is not limited to, those relationships between persons who are presently, or have been in the past, involved in a sexual relationship or in a dating or engagement relationship as defined in Penal Code Section 13700{b).

6. "COHABITANT" means two or more persons who presently live or reside in the same household or who have in the past lived or resided in the same household irrespective of whether they are, or have been in the past, involved in a sexual relationship.

7. "REPORT" or "REPORTS" refers to procedures employed by the LAPD for completing all reports relative to an arrest. This includes arrests for felonies, misde­ meanors or private persons' arrests for misdemeanors, pursuant to LAPD MANUAL Section 5/5.2, attached hereto and incorporated by reference as Attachment 1.

8. "FILE" or "FILING" refers to the procedures employed by the LAPD whereby an individual and/or a report related to an individual is referred to an appropriate prosecutorial agency for criminal complaint or prosecution, pursuant to LAPD MANUAL Section 4/720, attached hereto and incorporated by reference as At­ tachment 2.

-1- 9. "SHALL" and "MAY": "SHALL" is mandatory and "MAY" is permissive. (- 10. "PROBABLE CAUSE" and "REASONABLE CAUSE" as used in this document are synonymous and interchangeable, reasonable cause being the definitional standard used for arrests under California Penal Code Section 836.

B. DISPATCH OF LAPD UNIT(S) AND ARRESTS

1. LAPD personnel shall treat all allegations of domestic violence as defined in para­ graph A(2) above as allegations involving criminal conduct.

2. A decision by LAPD personnel to report to, remain at, or leave the scene of an incident involving domestic violence shall be made according to the same standards which govern the decision to report to, remain at, or leave the scene of similar or identical crimes that do not involve an incident of domestic violence.

3. LAPD personnel shall handle request for police assistance and criminal investigations from persons defined as a "family or household member" in paragraph A(1) above in the same manner as they would treat similar or identical requests for such assis­ tance and investigations by persons who are not included within the definition of "family or household member" in paragraph A(1) above.

4. Decisions to dispatch LAPD unit(s) by the LAPD Complaint Board to the scene of a reported domestic violence complaint shall be made solely on the basis of the standards which govern decisions to dispatch LAPD unit(s) to the scene of similar or identical incidents of violence that do not involve domestic violence.

5. Except as pertinent to 1) dispatch priorities which govern the dispatch of all LAPD ( units (as for example the continued presence of an assailant, whether the assailant is armed, and whether the complainant has sustained injuries), and/or 2) to insure officer safety and/or 3) to determine the number of units and/or officers to be dispatched to a call and/or 4) in conformity with extant data-gathering legislation, · LAPD Complaint Board personnel shall not make inquiries into the relationship ·between a complainant requesting assistance and the complainant's alleged as­ sailant. Complaint Board personnel shall make diligent inquiries of callers alleging domestic violence to ascertain if any violations of the law have occurred as defined in paragraph A(2) above. An understanding of the relationship of the parties shall in no way affect the priority given to the call. The standards governing dispatch priorities in domestic violence calls shall be identical to those governing non-domes­ tic violence dispatch priorities.

6. In accordance with applicable California law, an arrest shall be made in a domestic violence incident when there is reasonable cause to believe that a felony has oc­ curred, including but not limited to a violation of California Penal Code Section 273.5, attached hereto and incorporated by reference as Attachment 3.

7. · When a California statute provides for alternative felony or misdemeanor charging or sentencing for a crime, LAPD personnel shall treat the domestic violence offense as a felony for arrest purposes, and book the suspect on the felony charge in the same manner as they would for similar or identical non-domestic violence offenses under the authority of California Penal Code Section 17(b)4.

-2- ~. 8. When LAPD officers have probable cause to believe that a misdemeanor in a domes­ tic violence situation has occurred in the officers' presence, for example, but not limited to, California Penal Code Sections 242 and 273.6, [Section 273.6 attached hereto and incorporated by reference as Attachment 4], the officers shall arrest the suspect solely in accordance with the criteria which determine whether an arrest is appropriate in a similar or identical non-domestic violence misdemeanor.

9. If the complainant in a domestic violence incident desires that an arrest be made, and the officers reporting to the scene are unable to make an arrest because a misdemeanor has not occurred in their presence, the officers shall follow the pro­ cedures set forth in LAPD MANUAL Sections 4/216.30 - 4/216.34 attached hereto and incorporated by reference as Attachment 5 and will also a'dvise the domestic violence complainant of the power to make a private person's arrest. Except when impracticable, the information concerning a private person's arrest shall be given to a domestic violence complainant out of the presence of the suspect. Except when other emergency priorities preclude the immediate completion of such assistance, LAPD officers shall assist domestic violence complainants in effectuating a private person's arrest. Such assistance is limited to taking physical custody of the suspect, transporting the suspect to an appropriate LAPD facility, and aiding the complainant in completing and filing a crime report. Under these circumstances, LAPD personnel shall also advise the complainant as to how the crime report may be completed and filed pursuant to LAPD MANUAL Section 4/216.30.

10. If an arrest cannot be effectuated in a domestic situation as indicated in paragraphs 6 through 9 above, LAPD officers shall, without taking sides or expressing an opinion as to who ic; right or wrong, admonish all parties as to the criminal sanctions for unlawful conduct imposed by the California Penal Code in the same manner as they are required to do in non-domestic situations.

11. When a complainant in a domestic violence incident requests the assistance of LAPD officers in making a private person's arrest, and in the officers' opinion the elements of a lawful arrest are not present, the officers shall follow the pro­ cedures set forth in LAPD MANUAL Section 4/216.32.

12. Arrests in incidents of domestic violence shall be made solely in accordance with · the standards applicable to arrests in incidents of non-domestic violence. The factors set forth in subparagraphs (a) through {p) of this paragraph shall not be used by LAPD officers to avoid or refuse to effectuate an arrest in incidents involving domestic violence, except as they may be relevant under California law in the determination of {1) the elements of a crime or {2) the power of a complainant to make a private person's arrest. If some of the factors in subparagraphs (a) through {p) may prove relevant in assessing the credibility of the complainant or a witness, they may be considered in the same manner as would be appropriate in incidents not involving domestic violence. However, these factors shall not be used by LAPD officers so as to avoid or refuse to effectuate an arrest in incidents involving domes­ tic violence.

(a) Present or former marital status of the complainant and suspect; (b) Present or former domestic relationship between the complainant and suspect; (c) The existence or non-existence of valid restraining orders; (d) The location of the incident; (e) Potential financial consequences of the arrest to the complainant, the suspect, and/or their family; (f) Complainant's prior history of complaints; (g) Complainant's emotional state; (h) The presence or absence of visible injuries;

-3- (i) Potential consequences to the suspect of insertion into the criminal justice system; (j) Speculation as to the likelihood of prosecution of the suspect; r. (k) Speculation as to the likelihood of the complainant's cooperation in the prosecution of the offense; (I) Speculation as to the likelihood of eventiJal conviction of the suspect; (m) Assumptions as to the toleration by cultural, ethnic, racial, occupational or socio-economic groups of permissible levels of violence or levels of aggression; (n) Assumptions as to social policy preferences for keeping family units intact or together; · (o) Speculation as to the likelihood of reconciliation between the complain­ ant and the suspect; and (p) Speculation as to the likelihood that the complainant or anyone else will provide bail for the suspect.

13. Verbal assurances by the suspect in a domestic violence incident that the domestic violence committed by the suspect will cease, should not be a factor in the officers' determination as to the proper method of handling the domestic violence call.

14. Crisis intervention and any and all other analogous techniques shall not be used by LAPD personnel as a substitute for an appropriate arrest as defined herein. LAPD personnel may, however, use crisis intervention techniques in order to defuse or approach a domestic violence incident in the same manner as such techniques are used to defuse or approach a non-domestic violence incident so as to enable the Office.rs to effectuate a safe investigation, detention, or arrest.

C. ENFORCEMENT OF RESTRAINING ORDERS

1. Temporary restraining orders shall be enforced by LAPD personnel pursuant to SPECIAL ORDER NUMBER 17 dated June 24, 1983, and SPECIAL ORDER NUMBER 13 dated April 20, 1984, attached hereto and incorporated by reference as Attachments 6 and 6a and/or as required by applicable law.

2. In addition to any and all other items and violations of the Penal Code included by LAPD personnel on the official report of a domestic violence incident which has come to their attention, LAPD personnel shall include the elements of a vio­ lation of Section 273.6 of the California Penal Code if such elements appear to exist.

D. ADDITIONAL PROCEDURES

Note: The following procedures are to be used only in addition to, and not as a substi­ tute for, the procedures otherwise required in regard to arrests in domestic violence cases and in the enforcement of restraining orders as set forth w~thin paragraphs A-C of this document.

1. All provisions of paragraphs A-C of this document shall apply to paragraph D.

LAPD perso'nnel shall complete and file the same reports for all incidents of domes­ \\ 2. tic violence in the same manner as they are required to complete and file reports for identical or similar incidents of suspected criminal activity that do not involve I domestic violence.

-4- 3. LAPD personnel shall conduct criminal investigations in cases of domestic violence in the same manner and to the same extent as they are required to conduct identical or similar criminal investigations in cases that do not involve domestic violence.

4. If a complainant in a case of domestic violence claims to have sustained injuries, whether visible or not, and requests medical attention, or if LAPD personnel believe medical attention is necessary, and the complainant is physically unable to make a request for medical attention, officers should administer first aid as appropriate and as authorized pursuant to Departmental training and procedures and/or offer to obtain, or arrange for, medical treatment in the same manner as they would for cases not involving domestic violence complaints.

5. When officers are present at the scene of an incident of domestic violence and have probable cause to believe that a violation of Section 273.5 of the California Penal Code has taken place, they shall have photographs taken of the victim's injuries in accordance with LAPD MANUAL Section 4/272.40, incorporated by reference and attached hereto as Attachment 7.

6. When officers are present at the scene of an incident of domestic violence and have probable cause to believe that a misdemeanor has occurred, they shall complete and give to the victim Form 3.01.0, attached hereto and incorporated by reference as Attachment 8. Officers shall also advise the victim to contact the Photographic Section of the Scientific Investigation Division in order to make an appointme_nt to have the injuries photographed in accordance with LAPD MANUAL Section 4/273.40, attach~d hereto and incorporated by reference as Attachment 7a.

7. When a complainant in a case of domestic violence requests LAPD officers to enforce a residence exclusion order that may be included within a valid restraining order that is issued against a subject who is present at the scene, LAPD personnel shall enforce the residence exclusion order in compliance with the law. LAPD officers shall follow the mandate of Judicial Council forms ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER (DOMESTIC VIOLENCE/ UNIFORM PARENTAGE), printed below Item 12, and ORDER PROHIBITING DOMESTIC VIOLENCE (FAMILY LAW-DOMESTIC VIOLENCE- UNIFORM PARENTAGE), printed below Item 15, both of which state: "This order is effective when made. The law enforcement agency shall enforce the order immediately upon receipt. It is enforceable anywhere in California by any law enforcement agency that has received the order or is shown a copy of the order. If proof of service on the restrained person has not been received, the law enforcement agency shall advise the restrained person of the terms of the order and then shall enforce it."

8. Whenever a complainant in an incident of domestic violence requests LAPD officers to remove a person from the premises in the absence of a valid restraining order, LAPD officers shall enforce any applicable Penal Code sections concerning trespass including by way of example and not by way of limitation Penal Code Sections 602(n) and 602.5 in the same manner as they would in a non-domestic violence situation.

-5- 9. LAPD officers shall not encourage a complainant in a case of domestic violence to leave the premises lawfully occupied by the complainant unless it appears to the LAPD officers that the complainant is in immediate and serious danger of physical ( harm. If, however, the complainant requests that officers stand by while the com­ plainant is removing personal belongings from the premises, the officers should, if priorities permit, stand by for a reasonable period of time until the complainant has safely left the premises. The length of time that the officers remain at the scene is at the sound discretion of the officers. Unless otherwise permitted under the LAPD rules, regulations, and policies, officers shall not provide transportation to a domestic violence complainant.

10. LAPD personnel shall continue to distribute to victims of domestic violence a copy of the Victim Information Card or its functional equivalent if and as available.

-6- ATTACHMENT 5 CITY OF LOS ANGELES CLIFFORD W. GRAVES COMMUNITY DEVELOPMENT GENERAL MANAGER CALIFORNIA DEPARTMENT

1200 W. 7TH STREET LOS ANGELES, CA 90017-2349

ANTONIO VILLARAIGOSA MAYOR RECEIVED June 14, 2006 JUN 15 2006

Board of Police Commissioners POLICE COMMISSION Los Angeles Police Department c/o Richard Tefank, Executive Director 150 North Los Angeles Street, Room 150 Los Angeles, CA 90012

Dear Board of Police Commissioners:

The Los Angeles City Domestic Violence Task Force (hereinafter referred to as the Task Force) was officially created by an action of the City Council on June 28, 1994 to aid in the reversal of the continuing rise in domestic violence.

The mission of the Task Force is to assist in the development and coordination of domestic violence programs and to advise and make recommendations to the City Council on legal advocacy, legislation, victims' services and other policies related to domestic violence. The Task Force is comprised of an impressive array of domestic violence experts appointed from each Council District and the Mayor's Office, as well as representatives from City Departments and Commissions, 1"lw enforcement, non-profit service providers, and community based organizations to constitute the only City entity dicated to addressing domestic violence. Current standing committees include the Executive Board, Legislative, Law ...:nforcement, Multicultural and Underserved Communities, Children, as well as several Ad-Hoc committees. Through coordination within its diverse membership, the Task Force is tackling many challenging issues that impact the city's victims of domestic violence.

In 1998, City Council approved the City's Policy in Support of Employee-Victims of Domestic Violence created by the Task Force. The Task Force provides support for City departments and commissions in implementing the training on the City's Domestic Violence Policy, and encourages them to draw upon the expertise of the Task Force. The Domestic Abuse Response Teams (DARTs) originated within the community to ensure public safety by reducing recurrence of domestic violence, by freeing up police officers, and by reducing response time. In 2001, City Council approved a MOTION to identify resources to expand DART program services, which the Task Force has taken on the mission of supporting the expansion. The DARTs have proven to be effective when coordinated with LAPD, City Attorney, and established domestic violence intervention advocates who assist victims with shelters and other social services. In June 2005, City Council approved the establishment of a DART program citywide. The Task Force also coordinates and conducts domestic violence workshops and conferences, as well as specialized trainings for advocates, law enforcement, health professionals, attorneys, counselors, mediators, evaluators and judicial officers.

In addition, the Task Force coordinates and hosts the annual event recognizing police personnel for outstanding contributions in the field of domestic violence as well as promoting public education, victim safety, existing resources and prevention during Domestic Violence Awareness Month in October.

The Task Force is looking forward to working with LAPD to develop a quarterly presentation of domestic violence crime statistics to the Board of Police Commissioners, and we look forward to our first presentation to the Board on June 20, 2006. If you have any questions, please contact Nadine Shimoji, Task Force Project Coordinator at (213) 744-9311.

Sincerely,

'~~-~~Susan G. Millmann, Chair Los Angeles City Domestic Violence Task Force

AN EQUAL EMPLOYMENT OPPORTUNITY -AFFIRMATIVE ACTION EMPLOYER