Report 2017-131 Recommendation 7 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 #7 To: Justice, Department of

To ensure that law enforcement agencies effectively engage with communities regarding hate crimes, DOJ should provide guidance and best practices for law enforcement agencies to follow when conducting hate crime outreach to vulnerable communities within their jurisdictions, such as collaborating with a county human rights commission. It should make the outreach materials available to law enforcement agencies and should include in them presentation materials for various types of communities, including immigrants and Muslims, among others. It should seek the resources to implement these efforts, if necessary.

Annual Follow-Up Agency Response From June 2022

In addition to previously mentioned Hate Crime Response Protocol and Hate Crime brochures, the Department of Justice issued Guidance to Prosecutors on Hate Crimes. In cooperation with local, state, and federal law enforcement, the Department of Justice hopes to begin a statewide dialogue to achieve the following goals:

- Identify and investigate hate crimes properly;

- Promote fair and uniform application of the hate crimes laws;

- Increase the success rate of prosecutors by ensuring more immediate and consistent contact

with victims and affected communities;

- Identify best practices for effectively engaging with local communities to increase education

and encourage the reporting of hate crimes;

- Provide resources for victims of hate crimes and hate incidents; and

- Offer alternative forms of sentencing or restorative justice approaches to hate crime

prosecutions.

For additional guidance to law enforcement communities, DOJ also issued law enforcement bulletin: https://oag.ca.gov/news/press-releases/attorney-general-bonta-unveils-new-guidance-reports-help-public-and-law . This bulletin is designed to ensure that state and local law enforcement officials across California have the necessary information and tools to continue to respond appropriately and swiftly to hate crime activity.

Completion Date: June 2021

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

The DOJ's hate crime website now includes hate crime pamphlets in 25 languages and graphics that law enforcement personnel could present at community events in more than 10 languages. The graphics include information on where to report hate crimes, the definition of a hate crime, and steps that individuals can take if they are victims of a hate crime.

Annual Follow-Up Agency Response From June 2021

The DOJ has engaged in outreach and support by updating its Hate Crime Rapid Response Protocol and broadly disseminating its updated and expanded Hate Crimes brochure in multiple languages. Additionally, DOJ continues to engage in numerous discussions and meetings with members of the Legislature, their staffs, and advocates to consider proposed legislation, including potential amendments to the law that would increase effectiveness and ensure compliance with constitutional principles.

Moving forward, DOJ will be working to expand on these programs to go beyond just compliance with the audit's recommendations. To that end, DOJ will be working through the budget process to obtain additional resources to assist in providing a more robust overall program that includes more collaboration with local LEAs and human relations organizations and guidance and materials to local LEAs.

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.

Completion Date: December 2020

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

Although DOJ has updated its Hate Crime Rapid Response Protocol and expanded its Hate Crimes brochure in multiple languages, it has not provided guidance and best practices for law enforcement agencies to follow when conducting hate crime outreach to vulnerable communities within their jurisdictions, such as collaborating with a county human rights commission.

Auditee did not substantiate its claim of full implementation

Annual Follow-Up Agency Response From October 2020

The DOJ has engaged in outreach and support by updating its Hate Crime Rapid Response Protocol and broadly disseminating its Hate Crimes brochure in multiple languages. The DOJ intends to continue to circulate the updated protocol and, using strategic communications, distribute the brochure to LEAs, advocacy groups, and the general public. In September 2020, we discussed DOJ's efforts and available publications and bulletins at a presentation entitled Hearing on Bias-Motivated Violence for the California Fair Employment and Housing Council.

The DOJ 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. The DOJ assisted in distributing that updated guidance to law enforcement agencies across the state. The DOJ hosted a hate crimes convening attended by community organizations, advocacy groups, human rights commission representatives, faith-based organizations, academics, POST representatives, and other stakeholders regarding hate crimes in California.

The DOJ is working through the budget process to obtain additional resources to assist in providing more robust guidance and materials to local LEAs. Additionally, DOJ continues to engage in numerous discussions and meetings with members of the Legislature, their staffs, and advocates advancing legislation to assess the impact of proposed legislation, including to weigh potential amendments to increase effectiveness and ensure compliance with constitutional principles.

Estimated Completion Date: January 2021

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 to obtain additional resources to assist in providing more robust guidance and materials to local LEAs.

Estimated Completion Date: January 2021

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

Annual Follow-Up Agency Response From November 2019

DOJ has engaged in outreach and support including DOJ's Hate Crime Rapid Response Protocol and DOJ's hate crimes brochure. DOJ intends to raise awareness of the protocol and distribute the brochure through effective communication with LEAs, advocacy groups, and the general public.

DOJ 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. DOJ has hosted a hate crimes convening attended by community organizations, advocacy groups, human rights commission representatives, faith-based organizations, academics, POST representatives, and others regarding hate crimes in California.

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.

Estimated Completion Date: January 2021

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

1-Year Agency Response

We've continued the activities described during the 6-month update; 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. We also 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.

Estimated Completion Date: January 2021
Response Date: May 2019

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

6-Month Agency Response

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. We also 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. On November 8, 2018, we hosted a hate crimes convening attended by community organizations, advocacy groups, human rights commission representatives, faith-based organizations, academics, POST representatives, and others regarding hate crimes in California.

Estimated Completion Date: May 2019
Response Date: November 2018

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

60-Day Agency Response

Law enforcement agencies may wish to use our multilingual brochures and other information available on our website, including the California Commission on Peace Officer Standards and Training (POST) model policy and framework. These materials include guidance regarding community collaboration and outreach to diverse stakeholders including human relations/civil rights organizations, advocacy groups, service organizations, neighborhood associations, and religious institutions. They also include a range of other prevention and education information that law enforcement agencies may find useful for engaging with their communities. In addition to disseminating this information to law enforcement, DOJ also disseminated these resources to faith based leaders and nonprofit organizations around the state.

Completion Date: May 2018
Response Date: July 2018

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

Although DOJ has created a new hate crime brochure and web page, law enforcement agencies need more comprehensive tools to better engage with their communities and encourage citizens to report hate crimes. Outreach materials could include presentation materials for various communities. If necessary, DOJ should seek additional resources to implement these efforts.

All Recommendations in 2017-131

Agency responses received are posted verbatim.