July 1, 2005 To establish a procedure for collecting data on bias crime.

  [ Administration ]  [ Personnel ]  [ General Operations ]  [ Field Operations ]  [ Criminal Investigations
[ Support Operations ]  [ Special Orders ]  [ Command Memo ]  [ Library ]  [ Search ]  [ Home ]

 

Atlanta Police Department

Policy Manual

 

 

 

 

 

 

 

 

 

Standard Operating

Procedure

 

Effective Date

July 27, 2009

 

APD.SOP.3066

 Bias Crime Data Reporting

Applicable To:  All sworn employees

Approval Authority:  Chief Richard J. Pennington

Signature:  Signed by RJP

Date Signed:  7/16/09

 

 

1.               PURPOSE

 

To establish a procedure for collecting data on bias crime.

 

2.               POLICY

 

The Department will collect and analyze data on all crimes where bias is a factor.

 

3.               RESPONSIBILITIES

 

3.1             Officers responding to the scene of incidents will be responsible for collecting and recording any evidence that tends to show that bias may have been a motivating factor in the commission of criminal acts.

 

3.2             The Special Enforcement Section (SES) will be responsible for follow-up investigations of all reported bias crimes except sex crimes and homicides.  The appropriate investigative unit will investigate homicides and sex crimes.  SES will prepare a quarterly statistical summary of data collected.

 

3.3              The Central Records Unit will be responsible for collecting bias crime data.

 

3.4              The Chief will designate a Gay, Lesbian, Bisexual and Transgender (GLBT) Liaison.

 

3.5             The Gay, Lesbian, Bisexual and Transgender (GLBT) Liaison will encourage constructive dialogue between the Department and the GLBT community in order to promote trust and build professional relationships.

 

4.               ACTION

 

4.1             Officer on the scene

 

4.1.1          Officers responding to a crime scene will ascertain if bias was a factor in the commission of the crime by considering the following criteria:

 

1.      The perpetrator’s motivation;

 

2.      The perception of the victim;

 

         NOTE: Ask the question:  “Why do you think this happened to you?”

 

3.      The display or use of offensive symbols, words, or acts; and

 

4.      The date and time of the incident.

 

        NOTE: Does the incident correspond to a holiday or event of significance (i.e. Hanukkah, MLK Jr. Day, Chinese New Year, Gay Pride or Gay and Lesbian Freedom Day Parade)?

 

5.      Review the circumstances surrounding the incident (totality of the circumstances) including but not limited to:

 

a.       Groups involved in the attack;

 

b.       Manner and means of attack;

 

c.       Similar incidents in the same area, with the same type of victim,

          ethnicity, religion or sexual orientation; and

 

d.       Statement made by the perpetrator prior to or during the incident.

 

4.1.2           If it is determined that the bias crime committed was a direct result of the victim’s sexual orientation, the responding officer will contact an appropriate investigator via radio for the investigator to respond to the scene.  The responding officer will also contact Communications via radio.  Communications will contact the GLBT Liaison.  The GLBT Liaison will follow-up with the officer on the scene via phone or in person at the scene as necessary.

 

4.1.3           If it appears a bias crime has been committed, the officer will check the appropriate box on the incident report and include in the narrative any known facts that indicate a bias incident. Where known, personal characteristics such as race, ethnicity, sex, religious affiliation, or sexual orientation of victim and suspect will be included in the narrative.  The officer’s supervisor will obtain a copy of the incident report and send it by facsimile transmission (fax) to the GLBT Liaison in the Public Affairs Unit.

 

4.2             The Central Records Unit will forward SES a copy of all incident reports that indicate bias was a factor in the offense.

 

4.3             SES will conduct a follow-up investigation of all crimes, except sex crimes and homicides, in which bias was reported to be a factor, to determine if bias was a factor.

 

4.4             If the investigation reveals that bias was not a factor in a crime, the investigator will be responsible for unfounding bias as a factor and notifying Central Records.  Central Records will reassign all unfounded bias reports to the appropriate investigative unit.

 

4.5              The SES will forward the quarterly report through the chain of command to the Chief, GLBT Liaison and to Planning and Research/Accreditation Unit.

 

4.6             The Chief will forward copies of the quarterly report to the FBI for inclusion in the national Uniform Crime Reporting (UCR) program, the Municipal Court and to the Atlanta-Fulton County Central Library (CALEA 5th ed. standard 82.1.3).

 

5.               DEFINITIONS

 

5.1             Bias crime:  Criminal acts that manifest evidence of prejudice based upon the victim's, or the perception of the victim's race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, HIV/AIDS infection, or disability.

 

5.2             Bias crime data:  Data on bias incidents involving the criminal acts of homicide, involuntary manslaughter, aggravated assault, simple assault, simple battery, robbery, armed robbery, aggravated battery, burglary, disorderly conduct, aggravated sodomy, rape, theft, arson, vandalism, trespass, criminal defamation, false imprisonment, terroristic threat and damage or vandalism of property.

 

5.3             Sexual Orientation:  A sexual attraction towards, and responsiveness to, members of one’s own sex or members of the opposite sex (e.g., gay, lesbian, bisexual, transgender and heterosexual).

 

5.4              GLBT:  Gay, Lesbian, Bisexual and Transgender

 

6.               CANCELLATIONS

 

                  APD.SOP.3066 “Bias Crime Data Reporting”, July 1, 2005
 

7.               REFERENCES

 

                  Commission on Accreditation for Law Enforcement Agencies (CALEA), 5th Edition Standards 82.1.3

 

                  City Code Section 98-39, Crimes manifesting evidence of prejudice