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Hate Crimes in California Law Enforcement Has Not Adequately Identified, Reported, or Responded to Hate Crimes Report Number: 2017-131

Response to the Survey From —
Montclair Police Department

In our letter to law enforcement agencies requesting they complete our survey, we also asked they provide us with copies of their current hate crime policy, any assessments of that hate crime policy conducted within the last five calendar years, and any hate crime pamphlets they use. Click here to view any submitted documents.

Validation:

1. Please enter the email address for the individual who originally received the link to this survey.
This email address will be used to validate your response and to identify duplicate responses.

This response is not included in the survey results.

2. Please enter your numeric survey code. The survey code was provided to you in the email that contained the link to this survey.

This response is not included in the survey results.

Hate Crime Policies:

3. Does your agency have a hate crime policy?

Yes
No

4. Please indicate why your agency does not have a hate crime policy.

If question 3 is yes, this question is skipped.
This agency has never had a reported hate crime within its jurisdiction
I am unaware of any requirement to have a hate crime policy
Hate crimes at this agency would be investigated by a different agency
Other (Please specify)

5. What is the framework for your agency’s hate crime policy (Select all that apply)?

If question 3 is no, this question is skipped.
POST model
Lexipol model
Other (Please specify)

6. Does your agency’s hate crime policy use the California Penal Code section 422.55 definition of hate crime?

If question 3 is no, this question is skipped.
Yes
No

7. Has your agency conducted yearly assessments of its hate crime policies to ensure the policies
are effective and allow your sworn officers to correctly identify all instances of hate crimes?
If yes, please attach any assessments your agency has conducted within the last five calendar years
in a reply to the email you received with the link and numeric survey code for this survey.

Yes
No

8. Please indicate why your agency has not conducted an assessment, and if it plans to conduct an assessment in the future.

If question 7 is yes, this question is skipped.
We are a small agency (54 sworn) with a municipal population of approximately 36,000. During the survey period (2012-2016) we have only received 11 reports of incidents characterized as "Hate Crimes", per PC 422.55. With our size and low reporting of alleged incidents, an assessment has not been thought of as needed. Our officers receive recurring bias-based policing training through an in-house POST instructor. Should we notice any notable increase or decrease in what has historically been reported, an assessment may be warranted.

9. Has your agency ever reached out to the California Department of Justice (DOJ) for support in
identifying or investigating a hate crime?

Yes
No

10. Please indicate what support your agency has requested and received from the DOJ.

If question 9 is no, this question is skipped.

11. Has the DOJ ever provided assistance to your agency during the investigation of a hate crime or hate incident?

Yes
No

12. Is your agency aware of the DOJ's hate crime rapid response team?

Yes
No

13. Has your agency ever solicited assistance from the hate crime rapid response team?

If question 12 is no, this question is skipped.
Yes
No

14. Please explain when your agency requested assistance, and what sort of assistance it received from the hate crime rapid response team.

If question 12 or question 13 are no, this question is skipped.

Tracking/Reporting

15. Does your agency collect hate crime data and track hate crimes in your jurisdiction?

Yes
No

16. Why does your agency not collect hate crime data?

If question 15 is yes, this question is skipped.
This agency has never had a reported hate crime within its jurisdiction
I am unaware of any requirement to collect and track hate crimes
Hate crimes at this agency would be investigated by a different agency
Other (please specify)

17. Has your agency ever performed any data analysis on hate crimes within its jurisdiction to
identify trends or conduct outreach?

Yes
No

18. Why not?

If question 17 is yes, this question is skipped.
This agency has never had a reported hate crime within its jurisdiction
This agency has not had enough hate crimes to perform data analysis
Other (please specify)

19. How does your agency ensure proper identification of hate crimes?

Our policy calls for a supervisor review of all hate crimes
Our policy includes a hate crime cover sheet to identify the type of hate crime and the bias it was committed under
Other (please specify)

20. How many total hate crime incidents (excluding hate crimes) has your agency had over the past five years
(January 2012 through December 2016)?
0

21. How many total hate crimes (excluding hate crime incidents) has your agency had over the past
five years (January 2012 through December 2016)?

11

22. Does your agency report hate crime data, including reports of no hate crimes, to the DOJ?

Yes
No

23. Why does your agency not report hate crime data?

If question 22 is yes, this question is skipped.
This agency has never had a reported hate crime within its jurisdiction
I am unaware of any requirement to report hate crimes
Hate crimes at this agency would be investigated by another agency
Other (please specify)

24. If your agency does submit hate crime data to the DOJ, do you submit:

If question 22 is no, this question is skipped.
As each crime occurs
Weekly
Monthly
Annually
Other (please specify)

25. Has your agency ever tried to amend a hate crime report submitted to the DOJ?

If question 22 is no, this question is skipped.
Yes, and the DOJ allowed me to revise the report
Yes, but the DOJ did not allow me to revise the report
No

26. Has your agency ever received any training or direction from the DOJ regarding the submission of
hate crime data other than the Federal Bureau of Investigation's 2015 hate crimes data collection guideline
and training manual?

Yes
No, and this agency has not requested any training or direction from the DOJ
No, but this agency has requested training or direction from the DOJ

27. Did your agency solicit this training or direction?

If question 26 is no, this question is skipped.
Yes
No

28. What sort of training or direction did your agency receive from the DOJ?

If question 26 is no, this question is skipped.

Training

29. How many officers does your agency currently employ?

44

30. How many current officers have been trained using a version of the POST certified hate crime course?

0

31. Has your agency offered hate crime training to your sworn officers at any time from 2014
through 2016?

Yes
No

32. Does your agency mandate ongoing training that includes a discussion of how to identify and
report hate crimes?

Yes
No

33. Does your agency receive hate crime training materials from the DOJ?

Yes
No

34. Please list the types of hate crime training materials your agency has received.

If question 33 is no, this question is skipped.

35. Do you believe that your agency would benefit from receiving additional DOJ hate crime
training materials?

Yes
No

36. If yes, how? What information would your agency find useful?

If question 35 is no, this question is skipped.
Other than the victim hand-outs, a booklet or handout for investigators in the field might be useful.

Public Outreach Efforts

37. Does your agency have a hate crime pamphlet that is available to the public?

Yes
No

38. Why does your agency not have a hate crime pamphlet?

If question 37 is yes, this question is skipped.
This agency has never had a reported hate crime within its jurisdiction
I am unaware of any requirement to have a hate crime pamphlet
Other (please specify)

39. Does your agency have a plan to adopt and make available a hate crime pamphlet within the
next six months?

If question 37 is yes, this question is skipped.
Yes
No

40. Does your agency's hate crime pamphlet use the definition of a hate crime provided in
California Penal Code section 422.55?

If question 37 is no, this question is skipped.
Yes
No

41. What definition of hate crimes does your agency's hate crimes pamphlet use, and how did it develop
this definition?

If question 37 is no or question 40 is yes, this question is skipped.

42. What methods does your agency use to inform members of the public of their rights as they relate
to hate crimes, and other general information on hate crimes? (Select all that apply)

Information on agency website
Pamphlets
Posters
Ad buys on local billboards/buses
Ad buys on local radio/television
No method used (If selected, continue to question 44.)
Other (Please specify)
Victim services information on our website, not specific to hate crimes

43. If your agency has hate crime materials please indicate what methods it uses to provide the
materials to the public. (Select all that apply)

If question 42 is "No method used", this question is skipped.
Online
Supplied at police/public safety stations
Supplied to sworn officers to give to reporting parties
Supplied to community partners such as schools, places of worship, local community groups or advocates for dissemination
Other (please specify)

44. Does your agency receive hate crime related outreach materials from the DOJ?

Yes
No

45. Please list the types of hate crime related outreach materials your agency has received.

If question 44 is no, this question is skipped.
DOJ form B13-9119, Preventing Hate Crime

46. Would your agency find it beneficial for the DOJ to send notices to your agency about hate
crimes?

Yes
No

47. Would your agency find it beneficial for the DOJ to send public outreach materials to your
agency related to categories of hate crimes occurring in your region?

Yes
No

Local Law Enforcement Input

48. Are there currently any weaknesses or changes needed to state hate crime law to allow your
agency to better identify, investigate, report, or mitigate hate crimes?

Yes
No

49. Please explain any weakness or changes that may be needed to state hate crime law.

If question 48 is no, this question is skipped.

50. What are the potential impacts of victims or witnesses failing to report hate crimes in your
agency's community?

Similar to incidents on non-reporting of regular crimes by certain communities, lack of a true accounting of frequency.

51. What are the potential impacts of the DOJ having incomplete hate crime data?

Inappropriately allocated resources.

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