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ASSAULT UNIT

STANDARD OPERATING PROCEDURES

  

 

 

 

S.0.P. 17

SUBJECT: Hate Crime Reporting

PURPOSE: To provide a?procedure on how hate crimes will be investigated and
to assist of?cers in the proper reporting of a hate crime

SCOPE: The complete and proper reporting of any incident involving a hate
crime is mandatory for our Department for Robbery and Assault
victims, who have indicated they were assaulted because of their
national origin or sexual preference. All original incident reports
must include as a type of offense/incident (box #12) an indication of
the hate crime motive, robbery/hate crime, aggravated
assault/hate crime, or vandalism, arson/hate crime. Also, for
tracking purposes, the small bubble box next to hate crime must be
filled in.

l. A hate crime is a criminal offense committed against persons,
property, or society that is motivated in whole or in part by an
offender bias against an individual or a group, race, religion,
ethnic/national origin, gender, age, disability, or sexual
orientation.

Commander
Assault Unit
5? thp?

Effective Date



 

MIAMI POLICF BOX Florida 33101 mug. cos?moo

 

E?r?x-?lail Address: 

DANIEL J. 

(Lit; .?x-?Lanagcr

 

STANDARD OPERATING PROCEDURES: S.0.P. 17

(Continuation)

II. All hate crime incidents will be reviewed by personnel in the
Assault Unit. The main crimes, robbery, etc, will continue to
be investigated by investigators in districts and C.I.S.

A. All open cases for investigation will be assigned to
individual investigators by the Assault Unit assignment
person or supervisor.

B. Investigators are required to respond to and conduct an
on- scene investigation of any hate crime involving
serious injuries to the victim(s).

C. All hate crime investigations will be documented on a
301 report and forwarded through the chain of
command.

The motivation behind the act is the key element in
determining whether an incident is hate related.

A. The mention of a prejudicial remark does not necessarily
make a criminal incident hate motivated any more than
the absence of such a remark makes the criminal
incident a non-hate crime.

B. Investigators must rely on their investigative skills as well
as probable cause to assist them in determining whether
a specific incident constitutes a hate motivated crime.

C. Statements of victims or witnesses, as well as physical
evidence, may be used to make this determination.

IV. Evidence of prejudice while committing an offense; enhance
penalties under Florida Statutes 775.085

A. The penalty for any felony or misdemeanor shall be
reclassified as provided in this subsection if the
commission of such felony or misdemeanor evidences
prejudice based on the race, color, ancestry, ethnicity,
religion, sexual orientation, national origin, mental or
physical disability, or advanced age of the victim.

 

A misdemeanor of the second degree shall be
punishable as if it were a misdemeanor of the
first degree.

STANDARD OPERATING PROCEDURES: S.O.P. 17
(Continuation)
2. A misdemeanor of the first degree shall be
punishable as if it were a felony of the third

degree.

3. A felony of the third degree shall be punishable
as if it were a felony of the second degree.

4. A felony of the second degree shall be
punishable as if it were a felony of the ?rst
degree.

5. A felony of the first degree shall be punishable
as if it were a life felony.

V. All reports of hate crimes will be reported to the Unit
Commander for the particular crime.

A. Our victim advocate administrator and a victim
advocate will be assigned for whatever additional
intervention is necessary with the victim.

B. Also, the involved NRO and NET Commander will be
briefed on the incident and requested to assist with the
intervention.