The Manager's report back on Cambridge's threat level from hate crimes and other related events

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. 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. 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.

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,

Code of Massachusetts Regulations Currentness

Title 501: Executive Office of Public Safety

Chapter 4.00: Hate Crimes (Refs & Annos)

501 CMR 4.02 4.02: Definitions The following phrases shall have the following meanings: Advocacy Organization: Any non-profit or not-for-profit group which represents or serves constituencies targeted in hate crimes motivated by the forms of bias enumerated at 501 CMR 4.02(3); or 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. Bias Indicators: Objective facts, circumstances, or patterns attending a criminal acts) 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 at 501 CMR 4.02. 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, in the commission of a criminal act. A bias motive can be inferred from the presence of one or more bias indicators. The specific forms of bias covered by the Hate Crimes Reporting Act are:

Racial/Ethnic/National Bias

Anti-Black Anti-White Anti-Asian Anti-Hispanic Anti-Arab Anti-Other

Racial/Ethnic/National Group

Religious Bias

Anti-Jewish Anti-Catholic Anti-Protestant WESTLAW

Anti-Islamic (Moslem)

Anti-Other Religion

Sexual Orientation Bias

Anti-Gay (Male)

Anti-Lesbian

Anti-Other Sexual Orientation

Handicap Bias

Anti-Persons with AIDS

Anti-Physically Disabled

Anti-Mentally Disabled (i.e. Mental illness, mental retardation)

Gender Bias:

Anti-Female Anti-Male Anti-Transgender Bias (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.