Report 2017-131 Recommendation 8 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 #8 To: Los Angeles Police Department

To ensure that they accurately identify and report hate crimes, SFSU Police and LA Police should update their hate crime policies and procedures, and the Orange County Sheriff and Stanislaus County Sheriff should implement supplemental hate crime reports and require officers to use them.

Annual Follow-Up Agency Response From October 2021

The Department updated its hate crimes policy (Special Order No. 32, dated December 17, 2020) to meet the statutory requirements of AB1985 regarding disability bias and the model policy framework developed by POST and our Department Hate Crimes Coordinator. Forms were also updated to further facilitate accurate and comprehensive reporting from victims, as well as from the Department to Cal DOJ. The LAPD is currently updating the policy again to meet statutory requirements of AB 600 and AB 57 regarding immigration status as a protection under "Nationality" (Per CA Penal Code Section 422.56); and expanding religious-bias protections to include discriminatory selection of victims based on religious belief(s) as well as protection to religious symbols or artifacts (per CA Penal Code Section 422.87).

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

The LA Police have updated its hate crime policy and updated its supplemental hate crime reports.

Annual Follow-Up Agency Response From October 2019

The LAPD has incorporated Senate Bill 1985 into the upcoming LAPD hate crimes policy. The policy is currently under review at Policies and Procedures Division before being submitted to the City Attorney for review.

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

1-Year Agency Response

The LAPD has incorporated Senate Bill 1985 into the upcoming LAPD hate crimes policy. The policy is currently under review at Policies and Procedures Division before being submitted to the City Attorney for review.

The LAPD is currently part of the California Peace Officer Standards and Training (POST) Subject Matter Expert (SME) cadre creating a model policy for all California police agencies and POST Hate Crime informational video. LAPD has sent all Area hate crime coordinators to the Museum of Tolerance hate crimes for first responders school and has scheduled a training session with CA DOJ on June 26, 2019. DOJ will come to LAPD and train on proper hate crime investigations and entry into the DOJ system to meet federal reporting requirements.

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

6-Month Agency Response

LAPD Policy Update: The LAPD is working with the Los Angeles City Attorney to incorporate Senate Bill 1985 into the new LAPD hate crimes policy. The policy is currently under review at Policies and Procedures Division before being submitted to the City Attorney for review.

The LAPD is currently part of the California Peace Officer Standards and Training (POST) Subject Matter Expert (SME) cadre creating a model policy for all California police agencies. The cadre met on October 16, 2018 through October 18, 2018 to discuss and create a common model policy. This cadre was composed of law enforcement, advocacy groups, policy makers and data/research institutes. The cadre will meet again to finalize the model policy in the second quarter of 2019.

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

60-Day Agency Response

On May 31, 2018, the Los Angeles Police Department (LAPD) received a copy of the California State Auditor's (CSA) Report titled, "Hate Crimes in California: Law Enforcement Has Not Adequately Identified, Reported, or Responded to Hate Crimes." The CSA requested that LAPD respond to the report within 60 days, six months, and one year on LAPD's efforts to implement the recommendations within our statutory authority. This response is to be completed online at the CSA website. LAPD Detective Bureau (DB) created and assigned DB Project No. 1040815 to Robbery Homicide Division (RHD), directing an appropriate response to the CSA. RHD created Project No. 18-062 and assigned it to the RHD Hate Crime Coordinator. The following is the official response from the LAPD to the CSA regarding the 60-day response to the audit.

LAPD Policy Update: LAPD Policies and Procedures Division (PPD), RHD and the Los Angeles City Attorney (LACA) are working together to ensure legal issues, best practices and ease of use are all addressed in the updated Hate Crime policy. This policy update is in the legal and departmental approval process.

New Laws: The LAPD is also ensuring that California Assembly Bill (AB) 1985 is appropriately addressed and incorporated into the new Hate Crime policy. AB 1985 takes effect on January 1, 2019 and directs police departments to consider including model policy framework and documents created by the International Associate of Chiefs of Police (IACP) and the California Peace Officers Standards and Training (POST). To date the IACP and POST have not published any model policies or documents regarding AB 1985.

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

All Recommendations in 2017-131

Agency responses received are posted verbatim.