Report 2017-131 Recommendation 1 Responses

Report 2017-131: Hate Crimes in California: Law Enforcement Has Not Adequately Identified, Reported, or Responded to Hate Crimes (Release Date: May 2018)

Recommendation #1 To: Justice, Department of

To ensure that it receives complete and accurate data, DOJ should, by May 2019, develop and maintain a list of law enforcement agencies that it updates annually, obtain hate crime data from all law enforcement agencies, distribute additional guidance to those agencies on procedures for reporting hate crimes, and conduct periodic reviews of law enforcement agencies to ensure that the data they report are accurate. It should also seek the resources to implement these efforts, if necessary.

Annual Follow-Up Agency Response From May 2020

The DOJ continues exploring new reporting agencies; bringing on two new agencies in 2019 and two new agencies in 2020. Work on this effort is now part of the annual processes. In the process of on-boarding of new audit staff, the DOJ has reviewed previously developed reporting aids and worked on the development of an annual survey tool which ensures all agency contact information for each data set is accurate and creates alignment across all audit processes. The DOJ continues to provide several Hate Crime training presentations to reporting LEAs to facilitate better hate crime identification and statistical reporting. Due to recent travel restrictions, the DOJ has developed the capability to provide Hate Crime training via webinar and has held two successful sessions. To verify the data reported is accurate, the DOJ has received the underlying crime reports for the reported hate incidents. This process has allowed for refinement of training materials and provided opportunities for one on one training with reporting LEAs.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

The DOJ has fully implemented this recommendation by maintaining a list of law enforcement that it updates annually, distributing to those agencies additional guidance on procedures for reporting hate crimes, and conducting reviews of hate crime incidents reported by law enforcement to ensure their accuracy.

Annual Follow-Up Agency Response From November 2019

Currently, DOJ maintains a list of over 730 currently reporting LEAs. It has established a new procedure to actively search out new reporting agencies and to verify the contact information of each reporting agency. Two new reporting LEAs were added for the 2019 statistical year. While there are many agencies that perform law enforcement duties, agencies must meet specific, exhaustive requirements to be considered reporting LEAs under parameters set by the FBI, such as being able to submit data on arrests, crimes and clearances, homicides, arson, among others. In cases where an agency does not meet all of the criteria, it usually reports data to a larger agency that fulfills the requirements to be a reporting LEA. DOJ will annually search for, engage with, and on-board as many non-reporting agencies who meet reporting criteria.

The DOJ has drafted some reporting aids (e.g., quick reference guide, frequently asked questions, coding scenarios, etc.) to assist law enforcement with their hate crime reporting requirements. These drafts will be posted on the California Law Enforcement Website (CLEW) within the next two months. The new quality control effort continues and the DOJ is now working directly with agencies to address reporting accuracy and training deficiencies to promote data integrity. Work on this effort continues as part of our annual processes and we will be releasing a new survey tool to collect accurate agency contact information for each data set during our 2019 statistical year closeout process. Additionally, the DOJ continues to provide Hate Crime training presentations to reporting LEAs to facilitate better hate crime identification and statistical reporting, most recently at two statewide annual conferences. The DOJ is in the process of filling the positions allocated by the legislature for this effort and staff should be on board by the end of the year.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

1-Year Agency Response

The DOJ continues to research new reporting agencies; bringing on two new agencies in 2018 with several in the process for 2019. Work on this effort is now part of our annual processes and we are developing an annual survey tool to ensure all agency contact information for each data set is accurate. The DOJ is reviewing the reporting aids developed to assist law enforcement with their hate crime reporting requirements. These drafts continue to work their way through the review and approval processes. The DOJ released an Information Bulletin to our reporting LEAs outlining the new quality control process we beta tested during the 6-month reporting period. Additionally, the DOJ has provided several Hate Crime training presentations to reporting LEAs to facilitate better hate crime identification and statistical reporting. DOJ continues to work through the budget process, providing information and answering questions, and as resources become available, the DOJ will expand the training opportunities and begin developing and implementing the audit tasks to ensure that the data reported are accurate.

California State Auditor's Assessment of 1-Year Status: Partially Implemented

6-Month Agency Response

The DOJ continues to research new reporting agencies. Work on this effort is now part of our annual processes. The DOJ has drafted some reporting aids (e.g., quick reference guide, frequently asked questions, coding scenarios, etc.) to assist law enforcement with their hate crime reporting requirements. These drafts are working their way through the internal review process and when approved, will be posted in a special section devoted specifically to Hate Crime Reporting on the California Law Enforcement Website (CLEW). The quality control effort is underway and the DOJ is now working directly with agencies to address reporting accuracy and training deficiencies to promote data integrity. We are working through the budget process and as resources become available, the DOJ will begin developing and implementing the audit tasks to ensure that the data reported are accurate.

California State Auditor's Assessment of 6-Month Status: Partially Implemented

60-Day Agency Response

DOJ is currently researching potential agencies to determine whether their jurisdictions meet the requirements for reporting. As reporting agencies are identified, they will be on-boarded for the next full-statistical year (we cannot collect on incomplete years). This task has also been added to the annual closeout procedures and the National Incident Based Reporting System (NIBRS) transition project. DOJ has updated the presentation and training materials and is in the process of developing an Information Bulletin advising reporting agencies of the mechanics of hate crime reporting and where they can access training information. DOJ is in the process of developing a section on California Law Enforcement Website (CLEW) fully dedicated to Hate Crime reporting. DOJ has implemented a new quality control process that allows it to review and compare hate crime incident reports against the information submitted via hate crime reporting. This effort has afforded DOJ the ability to ensure accurate data and to identify targeted training opportunities. However, while the new quality control process has been implemented, additional resources are being requested to complete the audit tasks.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

All Recommendations in 2017-131

Agency responses received are posted verbatim.