5-09/510.06 - Handling of Hate Crimes and Hate Incidents – Investigator and Station Detectives



Station Detective Responsibilities

Cases involving hate crimes, hate incidents, and any associated criminal charges shall be investigated by a handling station/unit detective, unless the Department Hate Crime Coordinator determines the case will be assumed by the Hate Crimes Task Force.

The station/unit detective shall:

  • Review the initial report(s) within ten business days of the hate crime or hate incident to ensure the proper classification (or declassification) of the report as a hate crime or hate incident.  Any changes shall be brought to the attention of the station/unit Hate Crimes Coordinator and the Hate Crimes Task Force; and

  • If a case is assumed by the Hate Crimes Task Force, the station detective shall close their case by completing a case clearance supplemental report using clearance code: 110 Detective Division.  The case clearance supplemental report shall indicate that the case will be handled by the Hate Crimes Task Force.

A detective conducting an investigation at the scene of, or performing follow-up investigation on, a suspected hate crime or hate incident should take all actions deemed reasonably necessary, including but not limited to the following:

  • Consider ideologies or motivating factors of perpetrators of hate crimes and/or incidents, including but not limited to thrill, reactive/defensive, and/or mission (i.e. acts that can also be associated with terrorist or extremist ideologies/beliefs);

  • Utilize investigative techniques and methods to handle hate crimes or hate incidents in a professional manner;

  • Utilize proper techniques for interviewing people with disabilities and be aware of and provide appropriate accommodations (e.g., ADA standards, Braille, visuals, translators for the deaf or hard of hearing);

  • Properly investigate any report of a hate crime committed under the color of authority per Penal Code section 422.6 and Penal Code section 13519.6;

  • Document physical evidence or indicators of hate crimes, in accordance with the provisions of the Property and Evidence Policy, such as;

  • Request the assistance of translators or interpreters when needed to establish effective communication with witnesses, victims, perpetrators, or others as necessary;

  • Conduct a preliminary investigation and record information (or if such preliminary investigation has been conducted and information recorded by a responding deputy, confirm information) regarding the following:

    • Identity of suspected perpetrator(s);

    • Identify of witness(es), including those no longer at the scene;

    • Offer of victim confidentiality per Government Code section 6254;

    • Prior occurrences in the area or with respect to the victim(s);

    • Statements made by suspect(s) (exact wording is critical);

    • The victim's protected characteristics;

    • Provide victim assistance and follow-up;

    • Canvass the area for additional witnesses; and

    • Suspect's social media activity for potential evidence of bias motivation.

  • Coordinate the investigation with Department, state, and regional intelligence operations and/or other law enforcement agencies in the area. These sources can provide the investigator with an analysis of any patterns, organized hate groups, and suspects potentially involved in the offense;

  • Coordinate the investigation with the crime scene investigation unit (if applicable) or other appropriate units of the Department;

  • Determine if the incident should be classified as a hate crime or hate incident (whether bias was a motivation "in whole or in part" for the commission of the crime or incident);

  • Take reasonable steps to provide appropriate assistance to hate crime victims, including the following measures;

    • Contact victims periodically to determine whether they are receiving adequate and appropriate assistance;

    • Provide ongoing information to victims about the status of the criminal investigation;

    • Provide victims and any other interested persons the brochure on hate crimes per Penal Code section 422.92 and information on any local advocacy groups (if asked); and

Document any suspected multi-mission extremist crimes.