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CR 97-125 Approve Human Right's Commission's Bias/Hate Crime Response PlanJune 25, 1997 Proposed Action Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve the Bias /Hate Crime Response Plan. Adoption of this motion will give formal City Council endorsement to the Bias /Hate Crime Response Plan developed by the Hopkins Human Rights Commission. Overview In 1995, 356 bias motivated criminal incidents were reported in Minnesota. A hate crime, as defined by criminal statute, is a criminal act committed against a person, institution, or property of which the primary motivation is the victim's affiliation with a protected class. The League of Minnesota Human Rights Commissions has encouraged all local Human Rights Commissions to prepare a plan for responding to bias and hate crimes. The Hopkins Human Rights Commission began work on its plan in 1996. The plan, which was reviewed by the Hopkins Police Department and City Attorney, was approved unanimously by the Commission at its June meeting. The plan is now being presented to the Hopkins City Council for its approval. Primary Issues to Consider What is the purpose of the plan? How would the plan work in the event of a bias or hate crime occurring in Hopkins? Supporting Information Bias /Hate Crime Response Plan es A. Genellie sistant City Manager APPROVE HUMAN RIGHTS COMMISSION'S BIAS /HATE CRIME RESPONSE PLAN Council Report 97 -125 Council Report #97 -125 Page 2 Analysis of the Issues What is the purpose of the plan? The purpose of the plan is to establish procedures for responding to a bias or hate crime that might occur in the City of Hopkins. The plan does not call for the Commission to investigate these crimes. Investigation is left to the Police Department. How would the plan work in the event of a bias or hate crime occurring in Hopkins? The first step in the response plan is to develop a Bias /Hate Crime Response Network within the community which can be quickly activated to support victims of bias /hate crimes. If a hate or bias crime is reported to the police department, the department would offer the victim(s) the option of informing the Human Rights Commission of the incident. (This step is optional due to the fact that while the police department can maintain some level of confidentiality, the Commission cannot. Anything brought before the Commission is public). Assuming the victim(s) wish to be contacted by the Commission, members of the network would speak to the victims as soon as possible to determine what kind of help they need. Aid could vary from simply a sympathetic response all the way up to a general community response to the crime if that is appropriate. Network members would follow up with the victim(s) to ensure that their needs are being addressed. Finally, the Commission would make annual reports to the City Council and the League of Minnesota Human Rights Commissions concerning any bias or hate crimes. 6/25/97 Purpose: HOPKINS Human Rights Commission Bias /Hate Crime Response Plan To establish a local response to bias /hate crimes and to join with the League of Minnesota Human Rights Commissions (LMHRC) in establishing a statewide response mechanism to counter hate crimes. This procedure is based on outlines provided by LMHRC and procedures already adopted by other cities in the metropolitan Twin Cities area. These outlines have been modified to serve as a specific action guide for the Hopkins Human Rights Commission in the event of a bias /hate crime. It is the purpose of the Hopkins Human Rights Commission to provide support to victims of such crimes, and not to play an investigative role. A hate crime, as defined by criminal statute, is a criminal act committed against a person, institution, or property of which the primary motivation is the victim's affiliation with a protected class. A recent change to the law allows for the perception of either the victim or the police officer regarding the bias motivation of the crime to cause it to be categorized as a hate crime. Convictions resulting from hate crimes can result in enhanced penalties.' Goals: The Hopkins Human Rights Commission first seeks: 1. City Council approval of this Bias /Hate Crime Response Plan; 2. Commitment from the Hopkins Police Department that the Hopkins Human Rights Commission will be notified as soon as possible after they receive a confirmed bias /hate crime complaint and victim agrees to such notification. In addition, the Hopkins Human Rights Commission will also provide the Hopkins Police Department with any information regarding hate crimes that its members receive as a result of their role as Commissioners. The Hopkins Human Rights commission will: 1. Cultivate and develop a Bias /Hate Crime Response Network within the community which can be quickly activated to support victims of bias /hate crimes; See Attachments "Letter to Potential Network Partners" and "Responsibilities of a Network Partner" 2. Establish and maintain a community response process; 3. Raise awareness of bias /hate crimes and this Response Plan within the Hopkins community. City of Hopkins - Bias /Hate Crime Response Plan , 6/25/97 Bia /Hate Crime Respon Process: Upon receiving notice of a hate crime incident, the Hopkins Human Rights Commission will respond as follows: Step 1: Immediate Response A. Notify the Hopkins Police Department in the event they have not been notified of the crime. Ensure the victim understands that the Hopkins Human Rights Commission is committed to report such crimes to the Hopkins Police Department. B. Hopkins Human Rights Commission Chair or Designee sends a letter to victim(s) immediately See Attachment "Response Letter to Victim - Sample" C. Hopkins Human Rights Commission Chair or Designee calls the victim(s) immediately. D. Phone or in- person interview conducted (preferably in- person) See Attachment: "Interview Questions" If support is desired by victim(s), proceed to Step II. If no addition support or contact is desired, proceed to Step I11. Step II: Create Awareness and Support A. Activate Bias /Hate Crime Response Network to notify and deliver support. B. Contact Eileen Harvala, Hopkins Communication Coordinator, to handle media relations (only with victim(s) permission) Step 111: Follow -up A. Hopkins Human Rights Commission Chair or Designee re- contacts victim(s) within one (1) week 1. Ask about recurrences 2. Ask about other problems 3. Offer continued support B. Contact Hopkins Police Department to relate victim(s) status /concerns C. Hopkins Human Rights Commission or Designee re- contacts victim(s) within a minimum of thirty (30) days, dependent upon situation Step IV: Report and Evaluation A. Hopkins Human Rights Commission reviews the process and implements improvements B. Hopkins Human Rights Commission sends letters of appreciation to Bias /Hate Crime Response Network partners involved C. Hopkins Human Rights Commission provides summary reports to: 1. Hopkins Mayor and City Council 2. Hopkins Chief of Police 3. League of Minnesota Human Rights Commission See Attachment: "Summary Report" City of Hopkins - Bias /Hate Crime Response Plan 2 ORGANIZATION CONTACT PHONE FAX Hopkins Human Rights Commission Jim Genellie Asst. City Manager 939 -1331 935 -1834 City of Hopkins Steve Mielke City Manager 939 -1326 935 -1834 Hopkins City Council Mayor Redepenning Hopkins Police Department Emergency Non- Emergency Chief Earl Johnson 9 1 1 938 -8885 939 -1362 Hopkins School District #270 Youth Leader /Student Representative . Faith Community Leaders Mediation West Suburban Mediation Center 933 -0005 Social Service Agencies Hennepin County First Call For Help 335 -5000 Family Resource Center 988 -5350 West Hennepin Human Services 933 -0005 League of MN Human Rights Commissions Mort Ryweck 535 -1051 State Dept. of Human Rights 296 -5663 6/25/97 Response Network Manager: City of Hopkins - Bias /Hate Crime Response Plan City of Hopkins Bias /Hate Crime Response Network Partners 6/25/97 INTERVIEW QUESTIONS These questions are meant to be a guide. The interviewer may wish to add to or change these questions, depending on the situation. What happened? Was this the first incident or have there been others? Were children involved? Were you satisfied with the police response? Is there anything you want help with as a result of this incident ? / Is there anyone that you would like to contact you, or that we could contact for you? (Inform the person that there is help available through Hennepin County. This help may cover physical damage or counseling. Contact victim - witness representative Lisa Ecce 348-5875.) What can we do together to prevent this happening in the future to you or someone else? Would you be willing that I contact the media, or organize a community response, in order to show people that Hopkins does not tolerate this sort of action? The Commission Chair and /or Designee should exchange phone numbers with the victim(s), again offer any assistance, and explain future follow -up contacts. City of Hopkins - Bias /Hate Crime Response Plan 4 6/25/97 Date Dear RESPONSE LETTER TO VICTIM SAMPLE We are writing to you as members of the Hopkins Human Rights Commission. As a commission, we try to keep informed about incidents of bias and discrimination that occur in our city. Through public police records we have learned about the events of The police department has determined that what you have experienced could be classified as a bias crime (also called a "hate" crime, in which the reason for the crime is related to race, religion, national origin, sex, age, disability, or sexual orientation). We want to let you know of two things: 1) we offer our support and assistance, and 2) we are deeply saddened that an incident such as this has occurred. We assure you that your experience does not reflect the values of the entire community. Please know that neither this commission nor the community at large will accept or tolerate such crimes of hate. We are interested in hearing from you about what happened. Please contact us to determine if there is any way we can assist you in dealing with the situation. The Hopkins Human Rights Commission has established a network of individuals and organizations who have agreed to be available for support to respond to bias crimes if that is what you would like. If we can be of assistance, or if you would like to discuss it further, you are welcome to contact at Sincerely, , Chairperson Hopkins Human Rights Commission City of Hopkins - Bias /Hate Crime Response Plan 5 6/25/97 Date Dear, LETTER TO POTENTIAL NETWORK PARTNERS What would you do if there were cross burnings in Hopkins? What action would you take if swastikas were painted on our walls? How do we respond to the fact that hate crimes are being reported all over the state, and potentially, here in our neighborhood? Hopkins has a long - standing tradition of neighbors coming to the support of those who have suffered losses. Sympathy is appropriately expressed, in numerous ways, to create a supportive presence. The Hopkins Human Rights Commission has set a goal to express concern and regret, and offer support, to victims of overt acts of bias and prejudice. We are creating a human rights network of local community groups to promptly contact hate crimes victims in a supportive manner. You are invited to join the network. Please take the time to carefully read the enclosed "Bias /Hate Crime Response Plan ", and "Responsibilities of a Response Network Partner". We hope that you share our concern in communicating to any victim, and the community at large, that hate and bias is not tolerated in Hopkins. If you are willing to be a Network Partner, or if you have further questions, please contact Jim Genelfie at 939 -1331. Sincerely, , Chairperson Hopkins Human Rights Commission City of Hopkins - Bias /Hate Crime Response Plan 6 , 6/25/97 RESPONSIBILITIES OF A RESPONSE NETWORK PARTNER A hate crime, as defined by criminal statute, is a criminal act committed against a person, institution, or property of which the primary motivation is the victim's affiliation with a protected class. It is the purpose of the Hopkins Human Rights Commission's Bias /Hate Crime Response Network to provide support to victims of hate /bias crimes. As a Response Network Partner, your responsibilities include: Offering support in a manner determined appropriate and timely by you and the Response Network Manager. Coordinating the efforts of your affiliation to deliver such support, if necessary and appropriate. Providing any follow -up information to the Response Network Manager for future action or reporting purposes. Your participation as a Response Network Partner is voluntary in nature, and can be terminated at will by notifying the Hopkins Human Rights Commission. Please direct any questions, concerns, or pledges of commitment to Jim Genellie at 939 -1331. City of Hopkins - Bias /Hate Crime Response Plan 7 6/25/97 RESPONSIBILITIES OF A RESPONSE NETWORK MANAGER A hate crime, as defined by criminal statute, is a criminal act committed against a person, institution, or property of which the primary motivation is the victim's affiliation with a protected class. It is the purpose of the Hopkins Human Rights Commission's Bias /Hate Crime Response Network to provide support to victims of hate /bias crimes. As a Response Network Manager, your responsibilities include: Once contacted by the Hopkins Human Rights Commission designee as appropriate, notifying in a timely manner participating Response Network Partners to offer support Coordinating the efforts of your affiliation to deliver such support, if necessary and appropriate. Providing any follow -up information to the Hopkins Human Rights Commission designee for future action or reporting purposes. Your participation as a Response Network Manager is voluntary in nature, and can be terminated at will by notifying the Hopkins Human Rights Commission. City of Hopkins - Bias /Hate Crime Response Plan 8 6/25/97 .V + r..�. ::, Person Completing Report Date Name of Victirn(s) Address Telephone Number Date and Time of Incidence Description of Incidence Were police notified? No Yes If yes, date Case # Was victim(s) contacted by HHRC Designee? No Yes If yes, date Did victim(s) desire media contact? No Yes If yes, action taken: Follow -up support requested Follow -up support provided Additional Notes: City of Hopkins - Bias /Hate Crime Response Plan 9 6/25/97 ' M. S. 609.2231, Subd. 4. Assaults motivated by bias. (a) Whoever assaults another because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363.01, age, or national origin may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. 2 M.S. 626.5531 Reporting of crimes motivated by bias. Subdivision 1. Reports required. A peace officer must report to the head of the officer's department every violation of chapter 609 or a local criminal ordinance if the officer has reason to believe, or if the victim alleges, that the offender was motivated to commit the act by the victim's race, religion, national origin, sex, age, disability, or characteristics identified as sexual orientation. The superintendent of the bureau of criminal apprehension shall adopt a reporting form to be used by law enforcement agencies in making the reports required under this section. The reports must include for each incident all of the following: (1) the date of the offense; (2) the location of the offense; (3) whether the target of the incident is a person, private property, or public property; (4) the crime committed; (5) the type of bias and information about the offender and the victim that is relevant to that bias; (6) any organized group involved in the incident; (7) the disposition of the case; (8) whether the determination that the offense was motivated by bias was based on the officer's reasonable belief or on the victim's allegation; and (9) any additional information the superintendent deems necessary for the acquisition of accurate and relevant data. Subd. 2. Use of information collected. The head of a local law enforcement agency or state law enforcement department that employs peace officers licensed under section 626.843 must file a monthly report describing crimes reported under this section with the department of public safety, bureau of criminal apprehension. The commissioner of public safety must summarize and analyze the information received and file an annual report with the department of human rights and the legislature. The commissioner may include information in the annual report concerning any additional criminal activity motivated by bias that is not covered by this section. City of Hopkins - Bias /Hate Crime Response Plan 10 Incident Occurs Police Department Notified Human Rights Commission called Commission Co- Chairs or Designee interviews victim(s) Victim(s) offered support Victim(s) filing to go public or it was a public incident Commission Co- Chairs or Designee re- contacts victim(s) within 1 week Ask about recurrences Ask about other problems Offer continued support Contact Police Department, if necessary, to relate victim(s) status or concerns. Commission Co- Chairs or Designee re- contacts victim(s) within a minimum of 30 days. Yes--11. Commission organizes Community response Contact Eileen Harvala, Communications Coordinator, to handle media relations. • Human Rights Commission reviews the process and implements improvements, if necessary. Letters of appreciation are sent to network partners Summary report is prepared and sent to: City Council Police Chief League of MN Human Rights Commissions 1\