Report 2017-131 Recommendation 5 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 #5 To: Justice, Department of

To increase the effectiveness of hate crime prevention and response efforts, DOJ should provide additional guidance to law enforcement agencies by creating and disseminating outreach materials so law enforcement agencies can better engage with their communities.

Annual Follow-Up Agency Response From June 2021

DOJ has updated pertinent documents to reflect the current status of the office, including updating the Rapid Response Protocol (RRP), hate crimes brochures, and other resources on DOJ's website. DOJ continues to distribute the RRP in multiple languages to LEAs and advocacy groups, using a targeted communications strategy.

DOJ is working through the budget process for resources to further assist in disseminating updated guidance through in-person trainings, and to create and distribute outreach materials for the use of LEAs community engagement.

To further strengthen DOJ's response to hate crimes, Attorney General Rob Bonta recently established the Racial Justice Bureau in the Civil Rights Enforcement Section. This bureau will significantly expand the DOJ's work in this area, including leading efforts at the state and local levels, with the public and local law enforcement, in developing strategies and best practices to quickly and decisively address bias and hate crimes.

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

The DOJ has updated its hate crime prevention brochure and made it available in multiple languages on its website so LEAs can use use it in various communities. In addition, DOJ has made a template available online so LEAs can add their logo and additional information salient to their respective communities

Annual Follow-Up Agency Response From October 2020

DOJ is working through the budget process for resources to assist in disseminating updated guidance through in-person trainings, and to create and distribute outreach materials for the use of LEAs community engagement.

In April 2020, DOJ distributed Bulletin 2020-DLE-06 https://oag.ca.gov/sites/all/files/agweb/pdfs/info_bulletins/2020-dle-06.pdf. This bulletin provides additional training and guidance to LEA's to respond appropriately and swiftly to hate crime activity during the COVID-19 crisis. In September 2020, at the Hearing on Bias-Motivated Violence presentation for the California Fair Employment and Housing Council, DOJ provided an overview of its hate crimes prevention efforts, including relevant publications and other resources available on the AG's public website.

DOJ has updated pertinent documents to reflect the current status of the office, iincluding updating the Rapid Response Protocol (RRP), hate crimes brochures, and other resources on DOJ's website. DOJ continues to distribute the RRP in multiple languages to LEAs and advocacy groups, using a targeted communications strategy.

DOJ has started requiring LEAs to provide copies of the underlying incident reports along with their Hate Crime statistical submissions. The receipt and review of these incident reports has allowed DOJ to identify discrepancies and gaps in reporting, provided opportunities to solicit corrected or supplemental data, and provide additional training to reporting agencies.

Along with various community groups and advocacy organizations, DOJ serves as the subject matter expert to POST, and assisted in the update of POST's model hate crimes policy guidance in May 2019.

DOJ continues to engage in numerous discussions and meetings with members of the Legislature, their staff, and advocates advancing legislation to assess the impact of proposed legislation, including weighing potential amendments to increase effectiveness and ensure compliance with constitutional principles.

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

Annual Follow-Up Agency Response From May 2020

The DOJ is working through the budget process for resources to assist in disseminating updated guidance through in-person trainings and meetings, and to create and distribute outreach materials that LEAs can use to engage with their communities.

In April 2020, the DOJ distributed Bulletin 2020-DLE-06 https://oag.ca.gov/sites/all/files/agweb/pdfs/info_bulletins/2020-dle-06.pdf), titled "California Laws that Prohibit Hate Crimes and/or Provide Enhanced Penalties for Specified Hate-Related Acts". This bulletin provides additional training and guidance to law enforcement communities to respond appropriately and swiftly to hate crime activity during the current COVID-19 crisis. The DOJ has updated pertinent documents to reflect the current status of the office. This has included updating the Rapid Response Protocol, hate crimes brochures, and other resources available on the DOJ's website. The DOJ continues to circulate the Rapid Response Protocol employing a targeted communications strategy to distribute the brochure, in multiple languages, to LEAs and advocacy groups. The DOJ has started requiring LEAs to provide copies of the underlying incident reports along with their Hate Crime statistical submissions. The receipt and review of these incident reports has allowed for the identification of discrepancies and gaps in reporting, and further, provided opportunities for the DOJ to solicit corrected or supplemental data, and provide additional training to reporting agencies. DOJ staff continues to use the new review process to guide and update the content of specialized trainings, with the goal of improving identification and reporting of hate crimes.

Along with various community groups and advocacy organizations, the DOJ serves as the subject matter expert to POST, and assisted in the update of POST's model hate crimes policy guidance in May 2019. Additionally, the DOJ helped distribute the updated guidance to LEAs across the state.

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

Annual Follow-Up Agency Response From November 2019

DOJ has made a concerted effort to engage in outreach and support to engage in these activities. DOJ has updated relevant documentation to reflect the current structure of the office. This has included updating the Rapid Response Protocol discussed above, DOJ's hate crimes brochure, and resources available on DOJ's webpage. DOJ continues to raise awareness of the Protocol and distribute the brochure in multiple languages through targeted communication with both LEAs and advocacy groups. With these new steps, law enforcement agencies will have the ability to accurately identify and report hate crimes to DOJ. First, as noted above, we have started requiring LEAs to provide copies of the underlying incident reports along with their Hate Crime statistical submissions. Receiving and reviewing these reports has allowed us to identify discrepancies and gaps and to use this information to go back to the reporting agencies to provide training and solicit corrected or supplemental data. Our staff continues to use the new review process to update and drive the content for specialized trainings focused on hate crime identification and reporting with the goal of improving identification and reporting of hate crimes.

DOJ also serves as the subject matter expert to POST along with various community groups and advocacy organizations and assisted POST in updating its model hate crimes policy guidance in May 2019. DOJ assisted in distributing that updated guidance to law enforcement agencies across the state. Additionally, we are working through the budget process to obtain additional resources to assist us in disseminating that updated guidance through in-person trainings and convenings, and to create and disseminate outreach materials that LEAs can use to engage with their communities.

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

1-Year Agency Response

We have continued the activities described in our last update, including reviewing LEA reports for accuracy and offering training where appropriate. In May 2019, we delivered our regional joint hate crimes trainings to LEAs with the FBI.

We also continue to serve as a subject matter expert to assist POST as it updates its model hate crimes policy guidance. When the guidance materials are complete, we will assist in distributing them to law enforcement agencies across the state.

Additionally, we are working through the budget process to obtain additional resources to assist us in providing more robust guidance and materials to local law enforcement agencies. Governor Newsom's budget released in January 2019 allocated additional resources to DOJ, however the budget must still be approved by the Legislature.

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

6-Month Agency Response

Since our last report, we have taken important new steps to help law enforcement agencies accurately identify and report hate crimes to DOJ. First, as noted above, we have started requiring LEAs to provide copies of the underlying incident reports along with their Hate Crime statistical submissions. Receiving and reviewing these reports has allowed us to identify discrepancies and gaps and to use this information to go back to the reporting agencies to provide training and solicit corrected or supplemental data. Our staff have also conducted three additional trainings focused on hate crime identification and reporting with the goal of improving identification and reporting of hate crimes. Additionally, we are partnering with the FBI to provide two regional hate crimes trainings to law enforcement agencies in May 2019 focused on the following: what constitutes a federal hate crime, hate crime statutes and elements, landmark cases, incident scenarios, and case studies. The joint trainings will also cover how to report a hate crime, emphasize the importance and value of reporting hate crime data, and highlight the use of hate crime statistics. We are serving as a subject matter expert along with various community groups and advocacy organizations, to assist POST as it updates its model hate crimes policy guidance. When the guidance materials are complete, we will assist in distributing them to law enforcement agencies across the state.

Finally, we are working through the budget process to obtain additional resources to assist us in providing more robust guidance and materials to local law enforcement agencies.

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

60-Day Agency Response

Several of the resources DOJ recently released can assist law enforcement agencies to better engage with their communities. In particular, law enforcement agencies can use the new multi-lingual hate crimes brochure with information on how to identify and report hate crimes and the services available to victims. The brochure is available in nine languages: English, Arabic, Armenian, Chinese, Hindi, Korean, Punjabi, Spanish, Vietnamese, with an additional four languages available soon.

Additionally, DOJ's new Hate Crimes Prevention Webpage includes information and resources that can assist law enforcement agencies to better engage with their communities. This includes the guidance and a model policy framework from the California Commission on Peace Officer Standards and Training (POST) to assist law enforcement in identifying and handling hate crimes and to help ensure accurate and timely reporting. It also includes a range of other prevention and education information that law enforcement agencies may find useful for engaging with their communities.

All these resources were disseminated to law enforcement across the state by posting the information on California Law Enforcement Website (CLEW), posting on DOJ's website, email distribution to statewide law enforcement associations, and through a broadly disseminated media release. Distribution to statewide law enforcement associations included the following organizations: California Police Chiefs Association; California State Sheriffs' Association; California College and University Police Chiefs Association; California District Attorneys Association; Peace Officers Research Association of California; and the Los Angeles Police Department.

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

Although DOJ has updated its hate crime brochure and website, law enforcement agencies need more comprehensive tools to better engage with their communities and encourage citizens to report hate crimes. DOJ has merely updated resources that already existed. As we note in recommendation 7, outreach materials should include presentation materials for law enforcement to present to vulnerable communities. If necessary, DOJ should seek additional resources to implement these efforts.

All Recommendations in 2017-131

Agency responses received are posted verbatim.