POST Hate Crimes Model Policy

Commission on peace officer standards and training

2019
© California Commission on Peace Officer Standards and Training
Published September 2008
Revised May 2019
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 POST Mission Statement
The mission of the California Commission on Peace Officer Standards
MISSIO
OM
and Training is to continually enhance
N the professionalism of
C
California Law Enforcement in serving its communities

AININ G
PEACE OF

TR
FI

E
N
C

R A
ST S
ANDARD
 POST COMMISSIONERS
CHAIR
Joyce Dudley
District Attorney, Santa Barbara County

VICE CHAIR
Rick Braziel
Educator, Humboldt State University

Xavier Becerra
Attorney General, Department of Justice

Alan Barcelona
Special Agent, Department of Justice

Lai Lai Bui

Sergeant, Sacramento Police Department

Thomas Chaplin
Chief, Walnut Creek Police Department

Barry Donelan
Sergeant, Oakland Police Department

Robert T. Doyle
Sheriff, Marin County

Geoff Long
Public Member

John McMahon
Sheriff, San Bernardino County

Jethroe Moore
Public Member

James O’Rourke
Sergeant, California Highway Patrol

Batine Ramirez
Sergeant, Placer County Sheriff ’s Department

Laurie Smith
Sheriff, Santa Clara County

Walt Vasquez
Chief, La Mesa Police Department
 FOREWORD
Hate Crimes (i.e. crimes motivated by bias) convey a message of terror and exclusion, not just
to the immediate victims but to entire communities. They often target victims who are least able
to defend themselves. They cause trauma that is more extreme and longer lasting than similar
crimes committed for other motivations. They can spark retaliatory crimes, escalating the cycle of
crime and violence. If not addressed professionally and thoroughly they may undermine public
confidence in law enforcement.
The 2018 California State Auditor’s Report, titled “Hate Crimes in California,” found that
California law enforcement has not taken adequate action to identify, report, and respond to
hate crimes. The report found that agencies did not properly identify some hate crimes, and
underreported or misreported hate crimes as well. The report also noted that hate crimes are on
the rise in California, increasing in both 2015 and 2016.
California Penal Code (CPC) 422.87 added new language and requirements to any newly created
or updated agency hate crimes policy. Effective January 1, 2019, any local law enforcement agency
that updates an existing hate crimes policy, or adopts a new one, shall include the content of the
model policy framework provided in this document as well as any revisions or additions to the
model policy in the future.
These guidelines are the primary elements that law enforcement executives are now required to
incorporate into their hate crimes policy if an agency creates a new hate crimes policy or updates
an existing one. The guidelines are designed for department-wide application and are intended to
reflect a values-driven “top-down” process. They are intended to assist with the development and
delivery of training and ensure proper identification, investigation, and reporting of hate crimes
within each agency’s jurisdiction.
TABLE OF CONTENTS
Policy Guidelines ......................................................................................................................................................1
Minimum Legal Requirements for an Agency’s Hate Crimes Policy ................................................................3
Model Policy Framework ........................................................................................................................................5
Purpose ...........................................................................................................................................................5
Policy ...............................................................................................................................................................5
Response, Victim Assistance and Follow-up .............................................................................................5
Initial response ....................................................................................................................................5
Investigation.........................................................................................................................................7
Supervision...........................................................................................................................................8
Training ...........................................................................................................................................................9
Planning and Prevention ........................................................................................................................... 10
Release of Information .................................................................................................................... 11
Reporting ..................................................................................................................................................... 11
Checklist for the Agency’s Policy Creation ....................................................................................................... 13
Appendix ................................................................................................................................................................ 15
Definitions and Laws .................................................................................................................................. 15
Statutes and Legal Requirements .............................................................................................................. 19
Felonies .............................................................................................................................................. 19
Misdemeanors .................................................................................................................................. 19
Enhancements .................................................................................................................................. 19
Reporting ..................................................................................................................................................... 20
Training and Policy Requirements ........................................................................................................... 20
Miscellaneous Provisions ........................................................................................................................... 20
Hate Crimes First Responder Checklist................................................................................................... 21
POLICY GUIDELINES
GUIDELINE #1 reporting and public information requirements.
Develop the foundation for the agency’s hate Agencies should assign identified personnel to
crimes policy. appropriate training to develop expertise and
knowledge to investigate hate crimes.
The law enforcement executive is responsible
for providing leadership, communicating Hate crimes are low-frequency events with
organizational values to the department and high-risk consequences for the agency and
the community, paying attention to hate crime community. Agencies shall provide a checklist
trends and current events that could trigger hate to first responders to provide direction for the
incidents and/or hate crimes in the community, investigation of all hate crimes as mandated by
and providing education and training to CPC 422.87.
establish the foundation for the agency’s hate
crimes policy. Employees’ ability to respond GUIDELINE #4
appropriately to hate crimes and hate incidents Develop and implement cooperative hate
is maximized when the executive effectively crimes plans with other law enforcement
establishes and communicates the foundational agencies.
values of the organization. I. Coordinate cooperative efforts among
regional, state, federal, and tribal law
GUIDELINE #2 enforcement agencies to share information
Develop a hate crimes policy for the agency. and training, and develop strategies to
I. An agency’s hate crimes policy shall include prevent hate crime activity.
the statutory definition of a hate crime, and II. Develop and/or participate in law
its policy and programs should minimally enforcement intelligence networks to enhance
include the following: the agency’s ability to anticipate potential hate
A. Response crime targets. This interaction should include
B. Training sharing intelligence information with other
C. Planning and Prevention jurisdictions and cooperative investigations,
D. Reporting arrests, and prosecutions if appropriate.

The law enforcement executive is responsible for GUIDELINE #5

the initial development of the policy and should Develop and implement cooperative hate
be actively involved in its implementation. See crime plans with the community and related
the appendix for the exemplar “Message from the governmental and non-governmental
Agency Chief Executive”. organizations, as appropriate.
GUIDELINE #3 I. Collaborate with the community, including
human relations/civil rights organizations,
Develop expertise to identify and investigate
advocacy groups, service organizations,
hate crimes.
neighborhood associations, religious
The law enforcement executive is responsible institutions, local schools and colleges, to do
for ensuring that the agency possesses expertise the following:
to identify and investigate hate crimes, as well • Develop a network to build rapport with
as ensuring compliance with state and federal community groups

POLICY GUIDELINES 1
 • Develop a protocol for response to V. Annual outreach to the community
hate crimes including human relations/civil rights
• Obtain witness and victim organizations, advocacy groups, service
cooperation organizations, neighborhood associations,
• Provide support services to victims religious institutions, local schools,
and colleges assessing the agency’s
• Collect demographic information
responsiveness to hate crimes.
about specific communities
• Identify hate crime trends based
upon current events and activity (hate
crimes and/or hate incidents)
• Identify periods of increased
vulnerability based on significant
dates and events for affected
communities
II. Law enforcement should identify and
seek out cultural diversity training
and information from/about specific
communities within its jurisdiction
(immigrant, Muslim, Arab, LGBTQ,
Black or African American, Jewish, Sikh,
disability, etc.) to strengthen agency
awareness.

GUIDELINE #6
Conduct an annual assessment of the
agency’s hate crimes policy and its ongoing
implementation.
The assessment should include:
I. A review to ensure compliance with the
POST Hate Crimes Model Policy and
California law.
II. A review and analysis of the agency’s data
collection, policy, and annual mandated
reporting of hate crimes.
III. A review and updating of the agency’s
hate crimes brochure to ensure
compliance with CPC 422.92.
IV. A review of any existing or available data
or reports, including the annual California
Attorney General’s report on hate crimes,
in preparation for, and response to, future
hate crime trends.

2 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

MINIMUM LEGAL REQUIREMENTS FOR AN AGENCY’S
HATE CRIMES POLICY
CPC 13519.6, effective January 1, 2005, minimally requires:
1. A message from the law enforcement agency’s chief executive officer to the agency’s officers and staff
concerning the importance of hate crime laws and the agency’s commitment to enforcement.
2. The definition of “hate crime” in Penal Code section 422.55.
3. References to hate crime statutes including Penal Code section 422.6.
4. A title-by-title specific protocol that agency personnel are required to follow, including, but not
limited to, the following:
a. Preventing and preparing for likely hate crimes by, among other things, establishing contact with
persons and communities who are likely targets, and forming and cooperating with community
hate crime prevention and response networks.
b. Responding to reports of hate crimes, including reports of hate crimes committed under the
color of authority.
c. Accessing assistance, by, among other things, activating the Department of Justice hate crimes
rapid response protocol when necessary.
d. Providing victim assistance and follow-up, including community follow-up.
e. Reporting

CPC 422.87, effective January 1, 2019, states and minimally requires:

Each local law enforcement agency may adopt a hate crimes policy. Any local law enforcement
agency that updates an existing hate crimes policy or adopts a new one shall include, but not limited
to, the following:
1. The definitions in Penal Code sections 422.55 and 422.56.
2. The content of the model policy framework that the Commission on Peace Officer Standards and
Training developed pursuant to Section 13519.6 (above) and any content that the commission may
revise or add in the future, including any policy, definitions, response and reporting responsibilities,
training resources, and planning and prevention methods.
3. Information regarding bias motivation
a. For the purposes of this paragraph, “bias motivation” is a preexisting negative attitude toward
actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances
of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment,
revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social
dominance, desire for social bonding with those of one’s “own kind,” or a perception of the
vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair
game because of a protected characteristic, including, but not limited to, disability or gender.
i. In recognizing suspected disability-bias hate crimes, the policy shall advise officers to
consider whether there is any indication that the perpetrator was motivated by hostility or
other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse

LEGAL REQUIREMENTS 3
 fear or guilt, a perception that persons with disabilities are inferior and therefore “deserving
victims,” a fear of persons whose visible traits are perceived as being disturbing to others, or
resentment of those who need, demand, or receive alternative educational, physical, or social
accommodations.
ii. In recognizing suspected disability-bias hate crimes, the policy also shall advise officers
to consider whether there is any indication that the perpetrator perceived the victim to be
vulnerable and, if so, if this perception is grounded, in whole or in part, in anti-disability
bias. This includes, but is not limited to, if a perpetrator targets a person with a particular
perceived disability while avoiding other vulnerable-appearing persons such as inebriated
persons or persons with perceived disabilities different than those of the victim, those
circumstances could be evidence that the perpetrator’s motivations included bias against
persons with the perceived disability of the victim and that the crime must be reported as a
suspected hate crime and not a mere crime of opportunity.
b. Information regarding the general underreporting of hate crimes and the more extreme
underreporting of anti-disability and anti-gender hate crimes and a plan for the agency to remedy
this underreporting (emphasis added).
c. A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Penal
Code section 13023.
d. A checklist of first responder responsibilities, including, but not limited to, being sensitive to
effects of the crime on the victim, determining whether any additional resources are needed on
the scene to assist the victim or whether to refer the victim to appropriate community and legal
services, and giving the victims and any interested persons the agency’s hate crimes brochure, as
required by Section 422.92.
e. A specific procedure for transmitting and periodically retransmitting the policy and any related
orders to all officers, including a simple and immediate way for officers to access the policy in the
field when needed.
f. The title or titles of the officer or officers responsible for assuring that the department has a
hate crime brochure as required by Section 422.92 and ensuring that all officers are trained to
distribute the brochure to all suspected hate crime victims and all other interested persons.
g. A requirement that all officers be familiar with the policy and carry out the policy at all times
unless directed by the chief, sheriff, director, or other chief executive of the law enforcement
agency or other command-level officer to whom the chief executive officer formally delegates this
responsibility.
h. Any local law enforcement agency that updates an existing hate crimes policy or adopts a new
hate crimes policy may include any of the provisions of a model hate crime policy and other
relevant documents developed by the International Association of Chiefs of Police that are
relevant to California and consistent with this chapter.

4 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

MODEL POLICY FRAMEWORK
Purpose
This model policy framework is designed to assist in identifying and handling crimes motivated by hate
or other bias toward individuals and groups with legally defined protected characteristics, to define
appropriate steps for assisting victims, and to provide a guide to conducting related investigations. It
outlines the general policy framework for prevention, response, accessing assistance, victim assistance
and follow up, and reporting as related to law enforcement’s role in handling hate crimes. It also serves as
a declaration that hate crimes are taken seriously and demonstrates how law enforcement agencies may
best use its resources to investigate and solve an offense, in addition to building community trust and
increasing police legitimacy.

Policy
It is the policy of this agency to safeguard the rights of all individuals irrespective of their disability,
gender, nationality, race or ethnicity, religion, sexual orientation, and/or association with a person or
group with one or more of these actual or perceived characteristics. Any acts or threats of violence,
property damage, harassment, intimidation, or other crimes motivated by hate or bias should be viewed
very seriously and given high priority.
This agency will employ necessary resources and vigorous law enforcement action to identify and arrest
hate crime perpetrators. Also, recognizing the particular fears and distress typically suffered by victims,
the potential for reprisal and escalation of violence, and the far-reaching negative consequences of
these crimes on the community, this agency should attend to the security and related concerns of the
immediate victims and their families as feasible.
The agency policy shall include a requirement that all officers be familiar with the policy and carry
out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the
law enforcement agency or other command-level officer to whom the chief executive officer formally
delegates this responsibility.
The agency policy shall provide a specific procedure for transmitting and periodically retransmitting the
policy and any related orders to all officers, including a simple and immediate way for officers to access
the policy in the field when needed.

Response, Victim Assistance and Follow-up

Initial response
First responding officers should know the role of all department personnel as they relate to the agency’s
investigation of hate crimes and/or incidents. Responding officers should evaluate the need for additional
assistance, and working with supervision and/or investigations, access needed assistance if applicable.
Responding officers should ensure the crime scene is properly protected, preserved and processed.
At the scene of a suspected hate or bias crimes, officers should take preliminary actions deemed
necessary, to include, but not limited to, the following:
1. Use agency checklist (per CPC 422.87) to assist in the investigation of any hate crime (see appendix,
page 21, for exemplar checklist based on the Los Angeles Police Department Hate Crimes
Supplemental Report with the agency’s permission).

MODEL POLICY FRAMEWORK 5

2. Stabilize the victim(s) and request medical attention when necessary.
3. Ensure the safety of victims, witnesses, and perpetrators.
a. Issue a Temporary Restraining Order (if applicable).
4. Notify 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.
5. Ensure that the crime scene is properly protected, preserved, and processed and that all physical
evidence of the incident is removed as soon as possible after the offense is documented. If evidence
of an inflammatory nature cannot be physically removed, the property owner should be contacted
to ensure that it is removed or covered up as soon as possible. Agency personnel should follow-up to
ensure that this is accomplished in a timely manner.
6. Collect and photograph physical evidence or indicators of hate crimes such as:
a. Hate literature.
b. Spray paint cans.
c. Threatening letters.
d. Symbols used by hate groups.
7. Identify criminal evidence on the victim.
8. Request the assistance of translators or interpreters when needed to establish effective
communication with witnesses, victims, or others as appropriate.
9. Conduct a preliminary investigation and record pertinent information including, but not limited to:
a. Identity of suspected perpetrator(s).
b. Identity of witnesses, including those no longer at the scene.
c. The offer of victim confidentiality per Government Code (GC) 5264.
d. Prior occurrences, in this area or with this victim.
e. Statements made by suspects; exact wording is critical.
f. The victim’s protected characteristics and determine if bias was a motivation “in whole or in
part”1 in the commission of the crime.
1. “Bias motivation” is a preexisting negative attitude toward actual or perceived characteristics
referenced in Section 422.55. Depending on the circumstances of each case, bias motivation
may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt,
unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire
for social bonding with those of one’s “own kind,” or a perception of the vulnerability of the
victim due to the victim being perceived as being weak, worthless, or fair game because of a
protected characteristic, including, but not limited to, disability or gender.
(a) In recognizing suspected disability-bias hate crimes, the policy shall advise officers to
consider whether there is any indication that the perpetrator was motivated by hostility
or other bias, occasioned by factors such as, but not limited to, dislike of persons

1
See Appendix, page 15, for definition

6 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 who arouse fear or guilt, a perception that persons with disabilities are inferior and
therefore “deserving victims,” a fear of persons whose visible traits are perceived as being
disturbing to others, or resentment of those who need, demand, or receive alternative
educational, physical, or social accommodations.
(b) In recognizing suspected disability-bias hate crimes, the policy also shall advise officers
to consider whether there is any indication that the perpetrator perceived the victim
to be vulnerable and, if so, if this perception is grounded, in whole or in part, in anti-
disability bias. This includes, but is not limited to, if a perpetrator targets a person with
a particular perceived disability while avoiding other vulnerable-appearing persons
such as inebriated persons or persons with perceived disabilities different than those
of the victim, those circumstances could be evidence that the perpetrator’s motivations
included bias against persons with the perceived disability of the victim and that the
crime must be reported as a suspected hate crime and not a mere crime of opportunity.
10. Adhere to CPC 422.93, which protects hate crime victims and witnesses from being reported to
federal immigration authorities if they have not committed any crime under state law.
11. Provide information regarding immigration remedies available to victims of crime. (U-Visa, T-Visa,
S-Visa, etc.).
12. Provide the agency’s Hate Crimes Brochure (per CPC 422.92) if asked, if necessary or per policy (if
applicable).
13. Utilize proper techniques for interviewing people with disabilities and being aware of and providing
appropriate accommodations (such as ADA standards, Braille, visuals, translators for the deaf or hard
of hearing, etc.).
14. Report any suspected multi-mission extremist crimes to the agency Terrorism Liaison Officer (TLO),
or assigned designee, and direct the TLO/ designee to send the data to the Joint Regional Information
Exchange System.

Investigation
Investigators at the scene of or while performing follow-up investigation on a suspected hate or bias
crimes (or hate incident if agency policy requires it) should take all actions deemed necessary, including,
but not limited to, the following:
1. Consider typologies of perpetrators of hate crimes and incidents, including but not limited to thrill,
reactive/defensive, and mission (hard core).
2. Utilize investigative techniques and methods to handle hate crimes or hate incidents in a
professional manner.
3. Utilize proper techniques for interviewing people with disabilities and being aware of and providing
appropriate accommodations (such as ADA standards, Braille, visuals, translators for the deaf or
hard of hearing, etc.).
4. Fully investigate any report of hate crime committed under the color of authority per CPC 422.6 and
CPC 13519.6.

MODEL POLICY FRAMEWORK 7

5. Collect and photograph physical evidence or indicators of hate crimes such as:
a. Hate literature.
b. Spray paint cans.
c. Threatening letters.
d. Symbols used by hate groups.
e. Desecration of religious symbols, objects, or buildings.
6. Request the assistance of translators or interpreters when needed to establish effective
communication.
7. Conduct a preliminary investigation and record information regarding:
a. Identity of suspected perpetrator(s).
b. Identity of witnesses, including those no longer at the scene.
c. Offer of victim confidentiality per GC 5264.
d. Prior occurrences, in this area or with this victim.
e. Statements made by suspects; exact wording is critical.
f. Document the victim’s protected characteristics.
8. Provide victim assistance and follow-up.
9. Canvass the area for additional witnesses.
10. Examine suspect’s social media activity for potential evidence of bias motivation.
11. Coordinate the investigation with agency, state, and regional intelligence operations. These sources
can provide the investigating officer with an analysis of any patterns, organized hate groups, and
suspects potentially involved in the offense.
12. Coordinate the investigation with the crime scene investigation unit (if applicable) or other units of
the agency.
13. Determine if the incident should be classified as a hate crime.
14. Take steps to ensure appropriate assistance is provided to hate crime victim(s), including the
following measures:
a. Contact the victim periodically to determine whether he/she is receiving adequate and
appropriate assistance.
b. Provide ongoing information to the victim about the status of the criminal investigation.
c. Provide the victim and any other interested person the brochure on hate crimes per CPC 422.92
and information on any local advocacy groups (if asked).
15. Report any suspected multi-mission extremist crimes to the agency TLO, or assigned designee, and
direct the TLO or designee to send the data to the Joint Regional Information Exchange System.
16. Coordinate with other law enforcement agencies in the area to assess patterns of hate crimes and/or
hate incidents (if directed by policy), and determine if organized hate groups are involved.

8 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Supervision
The supervisor shall confer with the initial responding officer(s) and ensure that necessary preliminary
actions have been taken. The supervisor shall request any appropriate personnel necessary to accomplish
the following:
1. Provide immediate assistance to the crime victim by:
a. Expressing the law enforcement agency’s official position on the importance of these cases and
the measures that will be taken to apprehend the perpetrators.
b. Expressing the department’s interest in protecting victims’ anonymity (confidentiality forms GC
6254) to the extent possible. Allow the victim to convey his/her immediate concerns and feelings.
c. Identifying individuals or agencies that may provide victim assistance and support. Local victim
assistance resources may include family members or close acquaintances, clergy or departmental
chaplain, as well as community service agencies that provide shelter, food, clothing, child care, or
other related services (per CPC 422.92).
2. 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 a hate crime for federal and
state bias-crimes reporting purposes.
3. Notify 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. In cases of large-scale hate crime waves, or in circumstances where the potential exists for
subsequent hate crimes or incidents, consider directing resources to protect vulnerable sites (such as
assigning an officer at specific locations that could become targets).
5. Ensure hate crimes are properly reported, including reporting to the Department of Justice, pursuant
to CPC 13023.
6. Ensure adherence to CPC 422.93, which protects hate crime victims and witnesses from being
reported to federal immigration authorities if they have not committed any crime under state law.
Supervisors should also be aware of the immigration remedies available to victims of crime. (U-Visa,
T-Visa, S-Visa, etc.)
7. Respond to and investigate any reports of hate crimes committed under the color of authority.
8. Provide appropriate assistance, including activating the California Department of Justice hate crime
rapid response protocol if necessary. For information see the California Department of Justice
webpage or use following link: https://oag.ca.gov/sites/all/files/agweb/pdfs/civilrights/AG-Rapid-
Response-Team-Protocol-2.pdf
9. Report or ensure any suspected multi-mission extremists crimes are reported to the agency TLO, or
assigned designee, and direct the TLO/ designee to send the data to the Joint Regional Information
Exchange System.
10. Make a final determination as to whether the incident should be classified as a hate crime.

MODEL POLICY FRAMEWORK 9

Training
All staff, including dispatch, desk personnel, volunteers, records, support staff, officers, supervisors, and
managers shall be properly trained on the department’s hate crimes policy. The agency will follow all
legislatively mandated training requirements.
POST offers training and video courses to assist law enforcement in the identification, investigation,
documentation and reporting of hate crimes. These courses provide officers with information and skills
necessary to effectively identify, investigate, document and report hate crimes. Various training programs
include the history and definitions of hate crimes, recognition of hate groups, international terrorism,
legal considerations, victims’ considerations, initial response duties, victim interviewing and care, suspect
identification and interrogation, evidence identification, report writing, the role of law enforcement,
investigative strategies, intelligence collection, supervisory roles, community relations, media relations
and local program training development, and other topics such as proper use of computer systems and
methods for reporting. POST also maintains an extensive array of training videos on applicable topics
such as working with those with mental illness and intellectual disabilities, hate crimes, and working with
minority communities.
For more information on POST training opportunities and available videos, visit the POST website at
www.post.ca.gov. In conjunction with POST training opportunities, trainers may utilize other state and
federal agencies that offer training courses, such as the U.S. Department of Justice.

Planning and Prevention

The general underreporting of hate crimes is an identified issue in California. Underreporting is caused
by victims not reporting hate crimes or hate incidents due to a number of factors, including fear of
reprisal and the belief that law enforcement will not properly investigate them. A report by the State
Auditor in 2018 determined that California law enforcement has not taken adequate action to identify,
report and respond to hate crimes. There is also an extreme underreporting of anti-disability and anti-
gender hate crimes. The agency’s plan to remedy this underreporting shall be inserted into the policy
(emphasis added).
In order to facilitate the recommendations contained within this policy, it is strongly recommended
that agencies build and strengthen relationships with the community, engage in dialogue, and provide
education to the community about this policy. Agency personnel are also encouraged to learn about
the inherent issues concerning their communities in relation to hate crimes. Assigned personnel should
perform the following:
1. Meet with residents in target communities to allay fears; emphasize the agency’s concern over this
and related incidents; reduce the potential for counter-violence; and provide safety, security, and
crime prevention information. Cultural diversity education and immersion programs (if available)
could facilitate this process.
2. Provide direct and referral assistance to the victim and his/her family.
3. Conduct public meetings on hate crime threats and violence in general.
4. Establish relationships with formal community-based organizations and leaders.
5. Expand, where appropriate, preventive programs such as hate, bias, and crime reduction seminars
for school children.

10 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 6. Review the Attorney General’s latest opinion on hate crime statistics and targets in order to prepare
and plan for future crimes, specifically for Arab/Middle Eastern and Islamic communities.2
7. Provide orientation of and with communities of specific targeted victims such as immigrants,
Muslims, Arabs, LGBTQ, Black or African-American, Jewish, Sikh, disabled persons, etc.
Hate crimes are not only a crime against the targeted victim(s) but also have impacts on the victim’s
family and community. Working constructively with segments of this larger community after such crimes
is essential to help reduce fears, stem possible retaliation, prevent additional hate crimes, and encourage
any other previously victimized individuals to step forward and report such crimes. This is particularly
important if an upward trend has been identified in these crimes.
Although hate incidents are not criminal events, they can be indicators of, or precursors to, hate crimes.
Most California law enforcement agencies do not track hate incidents. It is recommended that hate
incidents be investigated and documented, if directed by policy, as part of the overall planning to prevent
hate crime.
Tracking social media is also another identified area to find indicators of, or precursors to, hate crimes. It
is recommended that agencies assign personnel to find, evaluate and monitor public social media sources
to identify possible suspects in reported hate crimes, or to determine suspects or suspect groups in future
hate crimes or hate incidents affecting the identified individuals, groups or communities that may be
victimized, and planned hate-based events.

Release of Information
Agencies should have procedure and/or policy on public disclosure of hate crimes. Establishing a
relationship with stakeholders, before any incident occurs, to develop a network and protocol for
disclosure would assist greatly in any disclosure.
The benefit of public disclosure of hate crime incidents includes:
1. Dissemination of correct information.
2. Assurance to affected communities or groups that the matter is being properly and promptly
investigated.
3. The ability to request information regarding the commission of the crime(s) from the victimized
community.
Agencies should provide the supervisor, public information officer, or designee with information that
can be responsibly reported to the media. When appropriate, the law enforcement media spokesperson
should reiterate that the hate crimes will not be tolerated, will be taken seriously, and will be prosecuted
to the full extent of the law.
Agencies are encouraged to consider the following when releasing information to the public regarding
hate crimes and hate incidents that have been reported within the jurisdiction:

2
As described in CPC 13519.6(b)(8)

MODEL POLICY FRAMEWORK 11

 1. Informing community organizations in a timely manner when a community group has been the
target of a hate crime.
2. Informing the community of the impact of these crimes on the victim, the victim’s family, and the
community, and the assistance and compensation available to victims.
3. Informing the community regarding hate crime law and the legal rights of, and the remedies
available to, victims of hate crimes.
4. Providing the community with on-going information regarding hate crime and/or hate incidents (if
policy requires it).

Reporting
The agency policy shall require development of a procedure for data collection, documentation, and
mandated reporting requirements. The agency shall:
1. Ensure that hate crimes are properly investigated, documented and reported.
2. During documentation, ensure hate crimes are flagged properly to allow for required reporting
to the California Department of Justice. This is typically indicated by the title/penal code section
identifying the report as a hate crime. Some agencies have added a check box specifically indicating a
hate crime that could, if required by the agency policy, require a secondary review by an investigator/
detective, supervisor or other identified party. It is the agency executive’s responsibility to determine
the form of documentation and type of indicators on crime reports.
3. The agency head or their designee (identified in the agency policy) should make a final
determination as to whether the incident should be classified as a hate crime by the agency.
4. Agencies shall develop procedures to comply with legally mandated reporting, including the
California Department of Justice, pursuant to CPC 13023.

12 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Checklist for the agency’s policy creation
Message from the law enforcement’s agency’s chief executive is included
The updated existing policy or newly adopted policy includes the content of the model policy framework from POST.
Definition of “hate crime” included from:
CPC 422.55
CPC 422.56
CPC 422.6
Title by title specific protocol regarding:
Prevention
Is contact is established with identified persons and/or communities who are likely targets?
Have we formed and/or are we cooperating with hate crime prevention and response networks?
Has a plan for the agency to remedy underreporting of hate crimes and the more extreme underreporting of
anti-disability and anti-gender hate crimes been created?
Response
Requirement that all hate crimes be properly investigated and supervised
Requirement that any hate crimes committed under the color of authority are investigated
Accessing Assistance
Information provided for activating the Department of Justice hate crime rapid response protocol when
necessary
Victim assistance and follow-up
Reporting
Protocol for reporting suspected hate crimes to the Department of Justice per CPC 13023
Training
Has a checklist for first responders been created and provided personnel (see exemplar officer checklist in
appendix)
Does the checklist include first responder responsibilities include:
Determining the need for additional resources if necessary?
Referral information for appropriate community and legal services?
The requirement to provide the agency’s hate crimes brochure per CPC 422.92?
Information regarding bias motivation from CPC 422.87
Information regarding the general underreporting of hate crimes and the more extreme underreporting
of anti-disability and anti-gender hate crimes
Definitions of terms used in the policy are listed
Specific procedure for transmitting and periodically retransmitting the policy and any related orders to officers is included.
Procedure shall include a simple and immediate way for officers to access the policy in the field when needed
Title or titles of the officer or officers responsible for assuring the department has a hate crime brochure (per CPC 422.92) and
ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested
persons.
A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the law
enforcement chief executive or the chief executive’s designee.
APPENDIX
Definitions and Laws
In accordance with CPC sections 422.55, 422.56, 422.6, and 422.87, for purposes of all other state law
unless an explicit provision of law or the context clearly requires a different meaning, the following shall
apply:

Hate crime
“Hate crime” means a criminal act committed, in whole or in part, because of one or more of the
following actual or perceived characteristics of the victim:
(1) Disability.
(2) Gender.
(3) Nationality.
(4) Race or ethnicity.
(5) Religion.
(6) Sexual orientation.
(7) Association with a person or group with one or more of these actual or perceived characteristics.
(b) “Hate crime” includes, but is not limited to, a violation of Section 422.6.
“Association with a person or group with these actual or perceived characteristics” Includes
advocacy for, identification with, or being on the ground owned or rented by, or adjacent to,
any of the following: a community center, educational facility, family, individual, office, meeting
hall, place of worship, private institution, public agency, library, or other entity, group, or person
that has, or is identified with people who have, one or more of those characteristics listed in the
definition of “hate crime” under paragraphs 1 to 6, inclusive, of CPC 422.55 subdivision (a).
Note: A “hate crime” need not be motivated by hate but may be motivated by any bias against a
protected characteristic.

Hate Speech
The First Amendment to the U.S. Constitution protects most speech, even when it is disagreeable,
offensive, or hurtful. The following types of speech are generally not protected: fighting words, true
threats, perjury, blackmail, incitement to lawless action, conspiracy and solicitation to commit any crime.

Hate incident
A hate incident is an action or behavior motivated by hate or bias but legally protected by the First
Amendment right to freedom of expression. Examples of hate incidents include:
• Name-calling
• Insults and epithets
• Distributing hate material in public places
• Displaying hate material on your own property

APPENDIX - DEFINITIONS AND LAWS 15

Bias Motivation
Bias motivation is a preexisting negative attitude toward actual or perceived characteristics referenced
in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not
limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness,
thrill-seeking, desire for social dominance, desire for social bonding with those of one’s “own kind,” or a
perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless,
or fair game because of a protected characteristic, including, but not limited to, disability or gender.

Disability Bias
In recognizing suspected disability-bias hate crimes, officers should consider whether there is any
indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as,
but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities
are inferior and therefore “deserving victims,” a fear of persons whose visible traits are perceived as
being disturbing to others, or resentment of those who need, demand, or receive alternative educational,
physical, or social accommodations.
In recognizing suspected disability-bias hate crimes, officers should consider whether there is any
indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is
grounded, in whole or in part, in anti-disability bias. This includes, but is not limited to, if a perpetrator
targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons
such as inebriated persons or persons with perceived disabilities different than those of the victim, those
circumstances could be evidence that the perpetrator’s motivations included bias against persons with the
perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a
mere crime of opportunity.

Disability
Disability includes mental disability and physical disability as defined in GC 12926, regardless of
whether those disabilities are temporary, permanent, congenital or acquired by heredity, accident, injury,
advanced age or illness.

Gender
Gender means sex and includes a person gender identity and gender expression. Gender expression
means a person’s gender-related appearance and behavior, whether or not stereotypically associated with
the persons assigned sex at birth. A person’s gender identity and gender related appearance and behavior,
whether or not stereotypically associated with the person’s assigned sex at birth.

In Whole or In Part
“In whole or in part because of ” means that the bias motivation must be a cause in fact of the offense
whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias must
be a substantial factor in bringing about the particular result. There is no requirement that the bias be a
main factor, or that crime would not have been committed but for the actual or perceived characteristic.

Nationality
Nationality includes citizenship, country of origin, and national origin.

16 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Race or Ethnicity
Race or ethnicity includes ancestry, color, and ethnic background.

Religion
Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and
atheism.

Sexual orientation
Sexual orientation means heterosexuality, homosexuality, or bisexuality.

Victim
Victim includes, but is not limited to, a community center, educational facility, entity, family, group,
individual, office, meeting hall, person, place of worship, private institution, public

APPENDIX - DEFINITIONS AND LAWS 17

18 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING
Statutes and Legal Requirements
Items listed in this section include sections from the California Penal Code (CPC), Welfare and
Institutions Code (WI) and Government Code (GC).

Definitions
CPC 422.55 - Provides general definition of hate crimes in California.
CPC 422.56- Provides definitions of terms included in hate crimes statutes.
GC 12926- Disability-related definitions applicable to some hate crime statutes.

Felonies
Hate Crimes
CPC 422.7 - Commission of a crime for the purpose of interfering with another’s exercise of civil rights.

Related Crimes
CPC 190.2(a)(16) - Homicide penalties related to certain hate crime related acts.
CPC 190.03(a) - Homicide penalties related to certain hate crime related acts.
CPC 288(b)(2) - Sexual assault of dependent person by caretaker
CPC 368(b) - Dependent adult abuse generally - may apply as disability-related hate crime.
CPC 594.3 - Vandalism of places of worship.
CPC 11412 - Causing or attempting to cause other to refrain from exercising religion by threat.
CPC 11413 - Arson or destructive device at place of worship.

Misdemeanors
Hate Crimes
CPC 422.6 - Use of force, threats, or destruction of property to interfere with another’s exercise of civil
rights.
CPC 422.77 - Violation of civil order (Bane Act) protecting the exercise of civil rights

Related Crimes
CPC 302 - Disorderly conduct during an assemblage of people gathered for religious worship at a tax-
exempt place of worship.
CPC 538(c) - Unauthorized insertion of advertisements in newspapers and redistribution to the public.
CPC 640.2 - Placing handbill, notice of advertisement on a consumer product or product packaged
without authorization.
CPC 11411 - Terrorism of owner or occupant of real property. Placement or display of sign, symbol,
or other physical impression without authorization, engagement in pattern of conduct, or burning or
desecration of religious symbols.

APPENDIX - STATUTES AND LEGAL REQUIREMENTS 19

Enhancements
CPC 190.2(a)(16) - Special circumstances imposing the Death Penalty or Life Without Possibility of
Parole, if the victim was intentionally killed because of sexual orientation, gender, or disability.
CPC 190.3 - Special circumstances imposing LWOP if the victim was intentionally killed because of
sexual orientation, gender, or disability.
CPC 422.75 - Penalty for felony committed because of victim’s race, color, religion, nationality, country
or origin, ancestry, disability, or sexual orientation shall be enhanced one, two, or three years in prison, if
the person acts alone; and two, three, or four years if the person commits the act with another.
CPC 1170.8 - Enhancement for robbery or assault at a place of worship.
CPC 1170.85(b) - Felony assault or battery enhancement due to age or disability.

Reporting
CPC 13023- Requirement for law enforcement agencies to report hate crime data to DOJ.
WI 15630 – Elder and Dependent Adult Abuse Mandated Reporting (may apply in disability-related hate
crimes).

Training and Policy Requirements

CPC 422.87 - Hate crimes policy adoption and update requirements (AB 1985, Effective January 1,
2019).
CPC 13519.6 - Defines hate crime training requirements for peace officers.
CPC 13519.41 - Training requirements on sexual orientation and gender identity-related hate crimes for
peace officers and dispatchers (AB 2504, Effective January 1, 2019).

Miscellaneous Provisions
CPC 422.78 - Responsibility for prosecution of stay away order violations.
CPC 422.86 - Public policy regarding hate crimes.
CPC 422.89 - Legislative intent regarding violations of civil rights and hate crimes
CPC 422.92 - Hate crimes victims brochure requirement for law enforcement agencies.
CPC 422.93 - Protection of victims and witnesses from being reported to immigration authorities.
GC 6254 - Victim confidentiality.

20 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 HATE CRIME CHECKLIST
Page of

Victim Type: Target of Crime (Check all that apply):

Individual
Legal name (Last, First): Person Private property Public property
Other Names used (AKA):
Other
School, business or organization
Nature of Crime (Check all that apply):
Name:
Type: Bodily injury Threat of violence
(e.g., non-profit, private, public school)
Property damage
Address:
Other crime:
Faith-based organization
Name: Property damage - estimated value
Faith:
Address:

Type of Bias Actual or Perceived Bias – Victim’s Statement:

(Check all characteristics that apply): Actual bias [Victim actually has the indicated characteristic(s)].
Disability Perceived bias [Suspect believed victim had the indicated characteristic(s)].
Gender If perceived, explain the circumstances in narrative portion of Report.
Gender identity/expression Reason for Bias:
Sexual orientation Do you feel you were targeted based on one of these characteristics?
Yes No Explain in narrative portion of Report.
Race
Do you know what motivated the suspect to commit this crime?
Ethnicity
Yes No Explain in narrative portion of Report.
Nationality
Do you feel you were targeted because you associated yourself with an
Religion individual or a group?
Significant day of offense Yes No Explain in narrative portion of Report.
(e.g., 9/11, holy days)
Are there indicators the suspect is affiliated with a Hate Group
Other: (i.e., literature/tattoos)?
Specify disability (be specific): Yes No Describe in narrative portion of Report.

Are there Indicators the suspect is affiliated with a criminal street gang?
Yes No Describe in narrative portion of Report.

Bias Indicators (Check all that apply):

Hate speech Acts/gestures Property damage Symbol used
Written/electronic communication Graffiti/spray paint Other:
Describe with exact detail in narrative portion of Report.

Relationship Between Suspect & Victim: Prior reported incidents with suspect? Total #

Suspect known to victim? Yes No Prior unreported incidents with suspect? Total #
Nature of relationship: Restraining orders? Yes No
Length of relationship: If Yes, describe in narrative portion of Report
If Yes, describe in narrative portion of Report Type of order: Order/Case#

Weapon(s) used during incident? Yes No Type:

Weapon(s) booked as evidence? Yes No
Automated Firearms System (AFS) Inquiry attached to Report? Yes No

POST 05/19 (Based on LAPD’s Hate Crime Supplemental Report, used with permission)
 HATE CRIME CHECKLIST
Page of

Witnesses present during incident? Yes No Statements taken? Yes No

Evidence collected? Yes No Recordings: Video Audio Booked

Photos taken? Yes No
Suspect identified: Field ID By photo
Total # of photos: D#:
Known to victim
Taken by: Serial #:

VICTIM SUSPECT

Tattoos Tattoos
Shaking Shaking
Unresponsive Unresponsive
Crying Crying
Scared Scared
Angry Angry
Fearful Fearful
Calm Calm
Agitated Agitated
Nervous Nervous
Threatening Threatening
Apologetic Apologetic
Other observations: Other observations:

ADDITIONAL QUESTIONS (Explain all boxes marked "Yes" in narrative portion of report):
Has suspect ever threatened you? Yes No
Has suspect ever harmed you? Yes No
Does suspect possess or have access to a firearm? Yes No
Are you afraid for your safety? Yes No
Do you have any other information that may be helpful? Yes No

Resources offered at scene: Yes No Type:

Victim Suspect Paramedics at scene? Yes No Unit #

Declined medical treatment Name(s)/ID #:
Will seek own medical treatment Hospital:
Received medical treatment Jail Dispensary:

Authorization to Release Medical Information, Physician/Doctor:

Form 05.03.00, signed? Yes No Patient #:
Officer (Name/Rank) Date

Officer (Name/Rank) Date

Supervisor Approving (Name/Rank) Date

POST 05/19