Search â–¸ Agenda item attachment
A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 19-150, regarding a report on Cambridge's threat level from hate crimes and other related events
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Louis DePasquale
City Manager
Dr. Branville G. Bard, Jr.
Police Commissioner
To:
City Manager, Louis A. DePasquale
From: Police Commissioner, Branville G. Bard, Jr.
Date:
December 5, 2019
Ref.:
Council Order O-8, dated October 28, 2019
Re:
Hate Crimes
_________________________________________________________________________________________
The purpose of this response is to address Council Order O-8 (Awaiting Report 19-150) requesting a report on
“Cambridge’s threat level from hate crimes and other related events and what an appropriate response might be.”
The Hate Crimes Reporting Act, M.G.L. c. 22C, §§ 32-35, was enacted to monitor incidents involving bias-
related conduct. M.G.L. c. 22C, § 32 and 501 CMR 4.02 define a “hate crime” as any criminal act coupled with
overt actions motivated at least in part by racial, religious, ethnic, handicap, gender, gender identity or sexual
orientation prejudice or bias. Any violation of the following statutes is considered a per se reportable hate crime:
M.G.L. c. 265, § 37 (Interference with Civil Rights); M.G.L. c. 265, § 39 (Assault, Assault & Battery or Property
Damage for the Purpose of Intimidation); M.G.L. c. 266, § 127A (Defacing a Religious Structure); or M.G.L. c.
272, § 98 (the Public Accommodation Law). Determining whether an incident qualifies as a hate crime depends
on a thorough and complete investigation and evaluation of all relevant evidence. To that end, the same bias
indicators that support a civil rights charge are also considered when determining whether a particular crime
should be classified as a hate crime. See attached 501 CMR 4.02. Although an extensive list of bias indicators is
provided by regulation to assist law enforcement in making this determination, these criteria are not all inclusive,
and each case must be examined on its own facts and circumstances, utilizing common sense judgement. See
attached 501 CMR 4.04.
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125 SIXTH STREET, CAMBRIDGE, MASSACHUSETTS 02142
To facilitate this investigative process, the Cambridge Police Department has promulgated a comprehensive
policy and procedure to guide officers through any potential hate crime investigation. See attached Cambridge
Police Department Policy and Procedures #505.1. Policy #505.1 dictates, in detail, the responsibilities of the
initial investigating officer, their supervisor, and the Shift Commander as it relates to a preliminary hate crime
investigation. The policy also outlines, in detail, the follow-up investigative and reporting procedures that are
required for the Department’s designated Civil Rights Officer, the assigned case investigator, and the Family
and Social Justice and Procedural Justice Sections. As can be gleaned from this policy, the Cambridge Police
Department is committed to safeguarding the state and federal civil rights of all individuals, irrespective of
their race, color, religion, national origin, ethnicity, disability, sexual orientation, or gender, and to aggressively
investigate any reported acts or threats of violence, property damage, harassment, intimidation, or other crimes
that appear motivated by bias against or hatred of a particular group.
In terms of hate crimes data, there were 16 hate crime incidents reported in Cambridge in 2018. The bar graph
below features the breakdown of each hate crime in 2018 by bias type. The graph actually features 17 hate crime
incidents because one of the incidents involved threats with both racially and religiously biased language, so both
categories were accounted for. The 16 incidents in 2018 break down into the following categories: religiously
motivated (50%), racially motivated (38%), and one incident (6%) each based on gender, gender identity/sexual
orientation, and disability.
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125 SIXTH STREET, CAMBRIDGE, MASSACHUSETTS 02142
The next chart provides a breakdown of bias type by year for 2018 and the five years prior. Race, religion, and
sexual orientation/gender identity (not necessarily in that order) are consistently the bias types that tend to be
most prevalent in Cambridge.
The total of 16 hate crime incidents reported in 2018 is a 78% increase over the nine reported in 2017 but is only
23% above the 10-year average of 13. Cambridge tends to fall in the low to mid-teens when it comes to yearly
hate crime numbers, with occasional fluctuations above or below the average. In recent years, the City has ranged
from a low of seven in 2010 to a high of 25 in 2016. Spikes like the one seen in 2016 logically tend to raise
questions about possible causes. Although there was no clear explanation for the large increase in hate crimes in
2016, it could be speculated that part of the increase stemmed from the many differing political opinions and
overall emphasis on inequality that emerged throughout the country during that time.
ADDRESS ALL COMMUNICATIONS TO
125 SIXTH STREET, CAMBRIDGE, MASSACHUSETTS 02142
Although hate crimes appear to be trending slightly upwards in Cambridge over the past decade (which can
be seen in the chart above via the dotted blue line), hate crimes account for less than 0.4% of the City’s overall
crime during that time period. As such, the threat level from hate crimes appears to be very low.
I hope you find this response satisfactory, and if there are any additional questions or information needed
regarding this matter, please let me know.
Respectfully,
Dr. Branville G. Bard, Jr.
Police Commissioner
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Cambridge
Police Department
POLICY & PROCEDURES
No. 505.1
Subject/Title:
Hate Crimes and/or Incidents
Issuing Authority:
Dr. Branville G. Bard, Jr.
Police Commissioner
Issue Date:
May 15, 2019
Effective Date:
May 15, 2019
Review Date:
April 26, 2019
Rescinds:
Policy # 505
References/ Attachments:
501 CMR 4.00; Cambridge Municipal Code
Chapter 2.76; Gov Baker Hate Crime
Recommendations 11/6/2017
Accreditation Standards:
I.
PURPOSE:
This policy is designed to assist officers to identify and respond to crimes which are
motivated, in whole or in part, by hatred or bias against an individual based on his or her
race, color, religion, national origin, ethnicity, sexual orientation, disability, or gender,
and to define appropriate steps for assisting victims and apprehending suspects.
II.
POLICY:
The Cambridge Police Department is committed to safeguarding the state and federal
civil rights of all individuals irrespective of their race, color, religion, national origin,
ethnicity, disability, sexual orientation, or gender, and to aggressively investigate any
reported acts or threats of violence, property damage, harassment, intimidation, or other
crimes that appear motivated by bias against or hatred of a particular group. Toward that
end, officers of this department will fully investigate, document, and respond to all
allegations of bias or hate-motivated crime. The Cambridge Police Department shall
designate a “Civil Rights Officer”. The Civil Rights Officer shall be the Deputy
Superintendent that commands the Procedural Justice Section. (See Pg. 10 of this policy
for the responsibilities of the Civil Rights Officer). Additionally, a Deputy Civil Rights
Officer will be assigned to the Procedural Justice Section and will support the Deputy
Superintendent in the critical functions of department operations and management
systems key to ensuring that hate crimes data is transparently reported and easily
accessible to affirm the public’s confidence in the Department’s response to hate crime
incidents.
III.
GENERAL CONSIDERATIONS AND GUIDELINES:
A successful law enforcement response to hate crimes requires a close partnership with
targeted communities. A relationship of trust and cooperation between the police and
these communities is essential to combat the violent expression of racism and bigotry,
reduce community fear, and deter bias-related incidents. Citizens of all backgrounds must
feel encouraged to come forward whenever a hate crime occurs and must have
confidence that the police will handle these matters with appropriate seriousness,
#505 – Hate Crimes and/or Incidents
Page 2 of 14
CAMBRIDGE POLICE DEPARTMENT
concern, and sensitivity. In order to effectively combat hate crimes, all persons need to
view the police as allies in the fight against hate violence.
Hate crimes are viewed very seriously by this Department and will be given the highest
priority. The Department will use every available resource to rapidly and decisively
identify the perpetrators, arrest them, and take vigorous enforcement action. Hate crimes
not only adversely affect the quality of life for its victims, but also creates a very negative
impact on the community as a whole. The failure of law enforcement to respond
appropriately to hate crimes can sour productive and cordial relationships with affected
groups within the community. Likewise, if a community demonstrates even the slightest
tolerance for hate crimes, it risks developing a reputation that runs counter to the many
good qualities it may actually possess. How a community responds to hate crimes speaks
directly to the quality of life within that community.
Victims of hate crimes may experience unique trauma and distress. In the larger
community, hate crimes create fears of reprisal and escalation of violence, and may
create far-reaching negative consequences in the targeted community. This Department
will be particularly alert to the security and safety concerns of the immediate victims, as
well as the concerns of their families, neighbors, and other members of the community
affected by the crime.
IV.
DEFINITIONS:
A.
Advocacy Organization: Any non-profit group which represents or serves
constituencies targeted in hate crimes motivated by the forms of bias enumerated
in 501 CMR 4.02(3), or which gathers information relating to the incidence,
circumstances, patterns, causes, or nature of hate crimes or incidents or any
specific type(s) of hate crimes or incidents.
B.
Bias Indicators: Objective facts, circumstances, or patterns attending a criminal
act which, standing alone or in conjunction with other facts or circumstances,
suggest that the offender’s actions were motivated, in whole or in part, by any
form of bias enumerated in 501 CMR 4.02.
C.
Bias Motive: Hatred, hostility, or negative attitudes towards, or prejudice against
any group or individual on account of race, religion, ethnicity, handicap, gender,
or sexual orientation, which is a contributing factor, in whole or in part, to the
commission of a criminal act. A bias motive can be inferred from the presence of
one or more bias indicators. The specific form of bias covered by the Hate Crime
Reporting Act are:
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CAMBRIDGE POLICE DEPARTMENT
1. Racial/Ethnic/National Bias:
Anti-Black
Anti-White
Anti-Asian
Anti-Hispanic
Anti-Arab
Anti-Other Racial/Ethnic/National Group
2. Racial/Ethnic/National Group:
Religious Bias
Anti-Jewish
Anti – Catholic
Anti – Protestant
Anti – Islamic (Muslim)
Anti – Other Religion
3. Sexual Orientation Bias:
Anti – Gay (male)
Anti – Lesbian (Female)
Anti – Other Sexual Orientation
4. Handicap Bias:
Anti – Person with AIDS
Anti – Physically Disabled
Anti – Mentally Disabled (i.e., mental illness, mental retardation)
5. Gender Bias:
Anti – Male
Anti – Female
Anti-Transgender (as further defined by the Governor's Task Force on
Hate Crimes).
Anti-Transgender Bias is hatred, hostility, or prejudice towards a person
who, in dress, speech, and general appearance, visibly:
(a) “identifies” with the gender opposite to his or her biological or birth
gender; or
(b) does not conform to conventional gender role expectations for his or
her biological or birth gender. Bias is usually attributed to the
circumstance of traditional gender role conventions being openly violated.
This bias constitutes gender bias because a “transgender person” is
#505 – Hate Crimes and/or Incidents
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CAMBRIDGE POLICE DEPARTMENT
regarded differently and less favorably than would a person of the
opposite biological sex, for engaging in similar conduct.
Note: A bias motive may also consist of intent to interfere with, disrupt, or
deprive another person (s) of his/her constitutional rights by threats, intimidation,
harassment, or coercion. See M.G.L. c. 265, § 37.
Please note that the definitions and terms used under Section C are in accordance with the
language and guidelines set under 501 CMR 4.00.
D.
Hate Crime:
1. Any criminal act to which a bias motive is evident as a contributing factor, or
2. Any act which constitutes a violation of:
 M.G.L. c. 265, § 37 (violation of civil rights)
 M.G.L. c. 265, § 39 (assault and battery for purpose of intimidation)
 M.G.L. c. 266, § 127A (destruction of place of worship)
 M.G.L. c. 272, § 92A (public accommodation statute)
E.
Hate Incident: Any act, whether consisting of conduct, speech or expression, to
which a bias motive is evident as contributing factor, without regard for whether
the act constitutes a crime.
F.
Hate Group: An organization, formal or informal, which promotes bias,
animosity, hostility, or malice against persons belonging to a racial, religious,
ethnic/national origin, handicap, sexual orientation, or gender group (e.g., the Ku
Klux Klan, American Nazi Party, etc.).
G.
Hate Crime Report: An account of a hate crime from a law enforcement source
received or collected by the Crime Reporting Unit.
H.
Hate Incident Report: An account of a hate incident from a civil rights agency
or advocacy organization received or collected by the Crime Reporting Unit.
#505 – Hate Crimes and/or Incidents
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CAMBRIDGE POLICE DEPARTMENT
V.
BIAS INDICATORS:
Before an offense can be reported as a suspected bias-related/hate crime, sufficient
objective facts must be present to lead a reasonable and prudent person to conclude that
the offender’s action was motivated, in whole or in part, by bias or hate. The following
criteria can assist law enforcement officers in determining whether a particular crime
should be classified as a hate crime. These criteria are not all inclusive and each case
must be examined on its own facts and circumstances. Common sense judgment should
also be applied in determining whether a crime should be classified as a hate crime.
While one fact may be conclusive, the following factors, particularly when combined,
may support a finding of bias/hate:
A.
Differences between Individuals/Groups: The offender and the victim were of
different racial, religious, ethnic/national origin, handicap, and gender or sexual
orientation groups. For example, the victim was black and the offenders were
white.
B.
Incident Coupled with Bias Statements/Gestures: Bias-related oral comments,
written statements, or gestures were made by the offender that indicates his/her
bias. For example, the offender shouted a racial or anti-gay epithet at the victim or
made an abusive or pejorative reference based on gender.
C.
Bias-Related Drawings or Markings: Bias-related drawings, markings,
symbols, or graffiti were left at the crime scene. For example, a swastika was
painted on the door of a synagogue.
D.
Bias Symbol or Rituals: Certain objects, items, or things which indicate bias
were used (e.g., the offenders wore white sheets and white hoods) or were left
behind by the offender(s) (e.g., a burning cross was left in front of the victim’s
residence).
E.
Bias Related to Location of Residence: The victim is a member of a racial,
religious, ethnic/national origin, handicap, gender or sexual orientation group that
is overwhelmingly outnumbered by members of another group in the area where
the victim lives or works and the incident took place.
F.
Bias Incidents Based on Location: The victim was visiting a location where
previous hate crimes had been committed against other members of his/her racial,
religious, ethnic/national origin, handicap, gender or sexual orientation group, and
where tensions remain high against his/her group.
#505 – Hate Crimes and/or Incidents
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CAMBRIDGE POLICE DEPARTMENT
G.
Patterns of Past Hate Crimes: Several incidents have occurred in the same
locality, at or about the same time, and the victims are all of the same racial,
religious, ethnic/national origin, handicap, gender or sexual orientation group.
H.
Perceptions of the Victim/Witness: Victims or witnesses perceive that the
incident was motivated by bias.
I.
Victim was Engaged in Group Activity: The victim was engaged in activities
promoting a racial, religious, ethnic/national origin, handicap, gender or sexual
orientation group. For example, the victim is a member of the NAACP,
participated in gay rights demonstrations, etc.
J.
Incident Coincides with Day of Observance: The incident coincided with a
holiday relating to, or on a date of particular significance to a racial, religious,
ethnic/national origin, handicap, gender or sexual orientation group (e.g., Martin
Luther King Day, Rosh Hashanah, Gay/Lesbian Pride Day, etc).
K.
Previous Incidents of Bias Acts: The offender was previously involved in a
similar bias crime or is a member of, or associates with, a hate group.
L.
Hate Group Claims Responsibility: There were indications that a hate group
was involved. For example, a hate group claimed responsibility for the crime or
was active in the neighborhood.
M.
Known Animosity between Groups: A historically established animosity exists
between the victim’s ethnic/national/religious group and the offender’s
ethnic/national/religious group.
N.
Victim is Member of Advocacy Group: The victim, although not a member of
the targeted racial, religious, ethnic/national origin, handicap, gender or sexual
orientation group, is a member of an advocacy group supporting the precepts of
the victim group, or is friendly with members of a victim group.
O.
Victim was Near Location of Associated Activities: The victim was in or near
an area or place commonly associated with or frequented by a particular racial,
religious, ethnic/national origin, handicap, gender or sexual orientation group
(e.g., a gay bar).
#505 – Hate Crimes and/or Incidents
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CAMBRIDGE POLICE DEPARTMENT
P.
No Other Motive for Crime: There was no clear economic motive for an assault
and battery.
Q.
Victim’s Relationship to Targeted Group: The victim was in the company of,
or married to, a member of a targeted group.
R.
Victim has Received Previous Warnings: The victim has received harassing
mail or phone calls or has been the victim of verbal abuse based on his/her
affiliation with a targeted group.
S.
Perception of Victim: The victim was perceivable by the offender as violating
or breaking from role conventions or stereotypes, or working in non-traditional
employment.
T.
Type of Crime: The crime involved extreme mutilation, cruelty, or brutality.
U.
Previous Restraining Orders: The offender has been subject to M.G.L. c. 209A
restraining orders against two or more different women.
V.
Offender History: The offender has a history of previous crimes with a similar
modus operandi, and there have been multiple victims of the same racial,
religious, ethnic/national origin, and handicap, gender or sexual orientation group.
VI.
INDICATORS OF A POSSIBLE HATE CRIME INCIDENT:
In attempting to determine whether a particular crime or incident should be classified as a
Hate Crime/Incident, the responding officers should evaluate the presence of the
following factors:
ď‚· An Act, threat, or attempt:
1. That constitutes an expression of hostility toward members of a particular racial,
religious, ethnic, handicap, gender or sexual orientation group; or
2. That is intended injure, intimidate, interfere with or oppress any person or group
in the free exercise or enjoyment of any right or privilege secured to him by the
constitution or laws of the Commonwealth or the United States;
3. And committed by an individual or a group.
ď‚· The crime/incident involves:
#505 – Hate Crimes and/or Incidents
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CAMBRIDGE POLICE DEPARTMENT
1. Telephone calls, writings or oral statements1 that contain slurs or epithets against
a particular racial, religious, ethnic/national origin, handicap, gender or sexual
orientation group ;
2. Assaults or vandalism attributable to the victim’s race, religious, national origin
or ethnicity, handicap, gender or sexual orientation group; or
3. Symbolic gestures, drawings, markings, or graffiti with racial, religious,
ethnic/national origin, handicap, gender or sexual orientation connotations.
VII.
PRELIMINARY INVESTIGATIVE EFFORTS:
A.
Responsibilities of Initial Investigating Officer: It is the responsibility of each
officer to be alert to the fact that a criminal offense may have been directed at an
individual, private property, or public property for motives based upon prejudice
or discrimination of a person or group’s particular race, religion, ethnic
background, handicap, gender or sexual orientation group. Hate Crime Incidents
may generate fear and concern among victims and the community. These
incidents have the potential of reoccurring, escalating and possibly causing
counter violence. Therefore, Hate Crime Incidents require a thorough and
comprehensive response on the part of all sworn officers charged with the
investigation of such incidents.
1. If an officer either suspects or confirms that an incident was the result of
discrimination or bias, that officer will immediately notify her/her supervisor.
2. The officer will begin to conduct a thorough and complete preliminary
investigation which shall include:
a. The identification of all persons who may have witnessed or be acquainted
with the circumstances of the incident.
b. The identification and apprehension of the actor (s) who committed such
an offense, based upon sufficient probable cause.
c. Any information which may be obtained concerning suspects, including
possible motives for the act, person (s) and /or property targeted in the act,
how targeted, means of the attack, time of incident, characteristics of the
incident, and information provided by the victim or other witnesses.
d. All investigating officers must be sensitive and responsive to the victim’s
concerns for safety, and the psychological affects that are associated with
victimization.
1 It is important to note that not every use of a slur or epithet will make an incident rise to the level of a hate crime.
Officers and supervisors must evaluate all the circumstances of the incident, including the use of slurs or epithets, to
determine whether bias or hostility toward a particular group was the motivating factor in the crime.
#505 – Hate Crimes and/or Incidents
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CAMBRIDGE POLICE DEPARTMENT
3.
Assure that the crime scene is properly protected, preserved, and processed,
and ensure that all physical evidence of the incident is photographed,
collected, labeled, and submitted according to the Department’s Property and
Evidence procedures. If evidence of an inflammatory nature cannot be
physically removed (e.g., painted words or signs on a wall) the owner of the
property shall be contacted to remove such material as soon as possible once it
has been photographed.
4. Include all pertinent details of the investigation in a typed incident report,
classifying the report as a “Hate Crime by means of ____________.” The
report must include all the facts and information gathered that support the
conclusion that the act was prompted or motivated by bias.
5. All investigating officers have a duty to respect the dignity and integrity of the
victim.
B.
Responsibilities of the Supervisor: Because of the complexity of hate crimes,
and the need to reach a swift resolution for any incident that may be based upon
prejudice and discrimination, it is imperative that all such investigations be
properly supervised.
1. Once a supervisor has been notified of a suspected Hate Crime Incident, that
supervisor (or shift commander, if a supervisor is unavailable) shall respond to
the crime scene to be fully briefed by the investigating officer, and to
supervise the investigation. Additionally, the supervisor should notify the
Civil Rights Officer and provide a briefing as to the circumstances in order
determine whether the incident has met the threshold of a hate crime.
2. It will be incumbent upon the supervisor to determine if a detective (or
designated Civil Rights Officer) should be immediately dispatched to continue
with the investigation at that point in time. The supervisor should keep in
mind that photographs of the victim and/or the scene may be extremely
beneficial to the investigation.
3. The supervisor shall be mindful that bias-related incidents have a tendency to
escalate or create a great sense of alarm to victims and the public, and
therefore, he/she shall take every precaution to ensure that an escalation of
hostilities or retaliatory violence does not occur. Such precautions may
include immediately increasing patrols throughout the affected area, assigning
an officer to protect the scene and/or victim or witnesses, and referral to the
Family and Social Justice Section.
#505 – Hate Crimes and/or Incidents
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CAMBRIDGE POLICE DEPARTMENT
4. It shall be the responsibility of the supervisor to ensure that the Police
Commissioner, through the appropriate Chain of Command, is notified of any
confirmed or suspected Hate Crime Incident.
5. Determine if the District Attorney’s office should be contacted at the
preliminary stages of the investigation to assist with charging decisions.
6. Ensure that all relevant facts are documented on the incident and/or arrest
report and make an initial determination as to whether the incident should be
classified as a Hate Crime.
C.
Responsibilities of the Shift Commander: The shift commander shall serve as
the coordinating officer in any suspected or confirmed Hate Crime Incident. The
shift commander shall oversee and ensure that all required protocols are carried
out in an appropriate manner, considering the potential gravity of each case.
1. Ensure that all appropriate notifications are made, including a notation on the
Shift Briefing email.
2. The officer assigned to review reports shall be alert for any factors that
suggest that the incident was targeted at a person, private property, or public
property due to bias, prejudice, or discrimination.
3. All cases having been identified as a Hate Crime Incident shall be clearly
identified as such, and flagged so that the reports may be forwarded when
transcribed. All Hate Crime Incident reports will have copies emailed to the
following offices:
ď‚· Police Commissioner
ď‚· Superintendents of Operations and Support Services
ď‚· Civil Rights Officer
ď‚· Family and Social Justice Section Deputy Superintendent
ď‚· Crime Analysis Unit Deputy Superintendent
ď‚· Criminal Investigations Section Deputy Superintendent
VIII. FOLLOW-UP INVESTIGATIVE & REPORTING PROCEDURES:
A.
Responsibilities of the Civil Rights Officer: Victims of Hate Crime Incidents,
like other victims of crime, tend to experience emotional stress as a result of their
victimization. The special nature of hate crimes, including an increased feeling of
threat or personal violation, may heighten this stress for a victim. Whenever
possible, the department’s designated Civil Rights Officer will be assigned as the
point person on Hate Crime Incident cases. The Civil Rights Officer’s function
would be to serve as a community liaison and to participate in appropriate
community outreach, to review incident reports for potential hate crimes and to
#505 – Hate Crimes and/or Incidents
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CAMBRIDGE POLICE DEPARTMENT
serve as a resource for the community on any issue related to hate crimes. The
Civil Rights Officer will also work closely with the Crime Analysis Unit to ensure
that hate crimes data is transparently reported, publically available, and easily
accessible to the public ensuring the public’s confidence in our response to hate
crime incidents. To ensure the uniform and accurate reporting of data, Hate Crime
data will continue to be entered through National Incident Based Reporting
System (NIBRS). Also the Civil Rights Officer should be prepared to report all
Hate Crime data through a designated portal to be developed by the EOPSS.
Crime Analysis will continue to have a dedicated summary page of all Hate
Crime data made available as part of the CPD Annual Report.
The Civil Rights Officer shall work closely with the Deputy Superintendent of the
Criminal Investigations Section to ensure prompt case assignment of a detective
for follow up and timely victim contact to support and aid a victim’s recovery.
B. Responsibilities of the Investigator assigned:
1. The investigator assigned to a Hate Crime Incident investigation shall be
responsible for reporting on the progress of the case to her/her immediate
supervisor on a regular basis.
ď‚· The assigned investigator will determine the primary elements of the
incident and obtain information to complete the date elements of the
Uniform Crime Report’s Supplementary Hate Crime Incident Offense
Report. Primary elements of the investigation include:
ď‚· Persons Targeted
ď‚· Objects Targeted
ď‚· Time & Dates Involved
ď‚· Means of Attack
ď‚· How Targeted
ď‚· Trademarks Involved
2. Assist the victim(s) or witness (es) in obtaining appropriate support services,
if necessary.
3. The investigator assigned to the Hate Crime Incident investigation shall be
sensitive to the safety concerns of the victim (s) and witnesses, and arrange for
appropriate security measures to be implemented to protect persons and
property.
4. Work closely with the District Attorney’s office to ensure that the case is
adequately developed for prosecution and appropriately charged.
5. Coordinate the investigation with other appropriate law enforcement agencies
in an effort to obtain an analysis of any discernible patterns, organized groups,
and/or suspects potentially involved in the offense.
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6. Provide ongoing information to the victim about the status of the criminal
investigation.
7. Contact the victim(s) periodically to determine whether he/she is receiving
adequate and appropriate assistance.
8. Complete any reports necessary to comply with the statistical reporting
requirements for Hate Crimes.
C
Responsibilities of the Family and Social Justice Section: While not all Hate
Crimes Incidents can be anticipated or prevented, crime prevention services shall
be provided for each suspected or confirmed Hate Crime Incident, as appropriate.
Hate Crime Incidents are not only crimes against the targeted victim, but also as a
crime against the victim’s racial, religious, ethnic/national origin, handicap,
gender or sexual orientation group as a whole. After a hate crime incident, it is
essential that the police department work constructively with segments of this
larger community to help reduce fears, stem possible retaliation, help prevent the
occurrence of additional Hate Crimes and/or Incidents, and encourage any other
previously victimized individuals to step forward and report these crimes.
Towards this end, the Family Justice Group, Social Justice Unit and Clinical
Support Unit shall adhere to the following:
1. In all cases that have been identified as a Hate Crime Incident, it shall be the
responsibility of the Deputy Superintendent of the Family and Social Justice
Section to coordinate with the Deputy Superintendent of the Investigations
Section and the primary investigator assigned the case to ensure the timely
contact of the victim of such an offense and to offer services provided by the
unit.
2. It shall be the responsibility of the Family and Social Justice Section to review
all directives issued in connection with Hate Crime Incident Investigations
and become familiar with those agencies that are designed to assist in such
cases.
3. Where appropriate, it shall be the responsibility of the Family and Social
Justice Section to see that the victim of a hate crime incident and his or her
family are made aware of services provided by social services and related
advocacy groups. Further, the assigned member of the Family and Social
Justice Section will assist the social services and related advocacy groups to
the extent possible.
4. As resources become available, and in those cases where it is appropriate, the
assigned member (s) of the Family and Social Justice Section will coordinate
with the Civil Rights Officer to provide information to community groups in
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an effort to reach a greater understanding of the nature and causes of Hate
Crime Incidents and the resulting impact on the victims and the community.
5. The assigned member (s) of the Family and Social Justice Section will also
coordinate with the Civil Rights Officer to meet with neighborhood groups,
residents in target communities, and other identified groups to allay fears,
reaffirm the Department’s commitment to respond to this and related
incidents, reduce the potential for counter-violence, and provide safety,
security, and crime prevention information.
6. Expand, where appropriate, existing preventative programs, such as anti-hate
seminars for school children.
D. Responsibilities of the Procedural Justice Section: An important component of
the Hate Crime Incident Investigation is to provide sufficient information through central
coordinating agencies, so that such incidents may be clearly identified and measures are
taken to preclude the risk of further injury, property, damage, and reprisals.
1. Under the Procedural Justice Section, it shall be the responsibility of the
Crime Analysis Unit and the Rights & Liberties Unit to work under the
supervision of the Civil Rights Officer to assess the Department’s compliance
with statutes, ordinances, and regulations aimed at mandating accountability
and to ensure that all Hate Crimes are properly reported.
ď‚· If additional information becomes available, an amended report or
additional data or information shall be submitted to the Crime Analysis
Unit.
ď‚· All reported crimes shall be referenced and identified by the case number
assigned by the police department, the time and date of the incident, and
other particularized information deemed relevant by the Crime Analysis
Unit and the Rights & Liberties Unit.
2. It shall be the responsibility of the Crime Analysis Unit to see that all reports
that have been identified as a Hate Crime Incident are amended to reflect the
appropriate classification.
It shall also be the responsibility of the Crime Analysis Unit, working with the
Civil Rights Officer, to ensure that hate crimes data is transparently reported,
publicly available, and easily accessible to the public ensuring the public’s
confidence in our response to hate crime incidents. To ensure the uniform and
accurate reporting of data, Hate Crime data will continue to be entered through
National Incident Based Reporting System (NIBRS). Also the Crime Analysis
Unit should be prepared to report all Hate Crime data through a designated portal
to be developed by the EOPSS. Crime Analysis shall also continue to have a
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dedicated summary page of all Hate Crime data made available as part of our
CPD Annual Report.