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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: August 20, 2021  Amends - GO 6.2.7 ( June 25, 2010 ) Number: 6.2.7 Distribution: All Personnel Review Month: September Reviewing Authority: CID / Major Case Subject: Hate Crimes This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to establish a proactive agency role in promoting peace and harmony within the community and in confirming the rights gu arante ed by state law and the US Constitution are protected for all citizens regardless of their race, color, ethnicity, ancestry, sexual orientation , national origin, homeless status, advanced age, religion , or mental or physical disability . 2. Policy The agency will use every necessary resource to rapidly and decisively identify perpetrators, arrest them and initiate prosecution. The agency will: A. Quickly utilize investigators to follow up on hate crime incidents. B. Place special emphasis on victim assi stance and community cooperation in order to reduce victim/community trauma or fear. C. View all hate crimes as serious and give the investigations priority attention. D. Verify that all employees are sensitive to the feelings, needs, and fears that may be present in the community as a result of these incidents. 3. Definitions A. Advanced Age – means that the victim is older than 65 years of age. B. Hate Crime - a crime wherein the perpetrator intentionally selects the victim because of one or more of the victim's Personal C haracteristics . C. Homeless status – means the person lacks a fixed, regular, and adequate nighttime residence; or has a primary nighttime residence that is (1) a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or (2) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. D. Mental or physical disability – a condition of mental or physical incapacitation due to 6.2.7 , Page 2 of 4 a developmental disability, organic brain damage, or mental illness, and one or more mental or physical limitations that restrict person’s ability to perform the normal activities of daily living. E. Personal Characteristics - includes race, color , religion, ethnicity , ancestry, national origin, homeless status, advanced age, mental or physical disability , or sexual orientation. 4. Procedures A. General 1. Whenever any hate crime incident comes to the attention of any agency employee, a crime report will be completed and the incident immediately reported to the on -duty supervisor. 2. Incident Reports will be reviewed for patterns of incidents occurring at either the same location or directed at a particular individual or group by Intelligence. 3. Florida S tatutes and case law require: a. That the perpetrator must demonstrate prejudice or bias in selecting the victim ; b. That this bias must be evidenced in the commission of the crime; c. That the bias must be based on one or more of the enumerated characte ristics of the victim; and d. That the perpetrator perceived, knew, or had reasonable grounds to know or perceive, that the victim was within the class delineated by statute. 4. The motivation behind the act (i.e., the selection of the victim) is the key element in determining whether an incident is hate -related. Deputies must rely on their investigative judgment, as well as probable cause standards, to assist them in determining whether a specific incident constitutes a hate -motivated crime. Statements of victims or witnesses, as well as physical evidence, may be used to make this determination. B. Responsibilities 1. Investigating deputies shall: a. Respond in a sensitive way to the feelings and needs of the victim(s). b. Preserve the crime scene and evidence. c. Take appropriate investigative and enforcement action. d. Notify the on call Victim Advocate and other CID personnel as appropriate. 6.2.7 , Page 3 of 4 e. Notify the on call Intelligence agent if a serious hate crime incident involving personal injury or des truction of property takes place. f. Prepare a detailed report, clearly identify the incident as a hate crime and document any materials utilized in the crime or evidence recovered at the scene. Hate crime reports will be copied to Intelligence and route d in the same manner as other Incident Reports. 2. The on -duty patrol supervisor shall: a. Respond immediately to the scene of all incidents. b. Confirm that the crime scene is protected. c. Confirm that the Intelligence investigative personnel have be en notified if a serious incident of hate motivated injury to persons or destruction of property takes place. d. Notify the Watch Commander. e. Confirm that the scene is properly processed and evidence gathered. f. Notify the PIO as soon as possible. g. If appropriate, arrange for an immediate increase of patrols throughout the affected area. NOTE: If, in the judgment of the patrol supervis or, there still exists the potential for further acts of violence, a unit should be specifically assigned to the l ocation in a fixed post position. h. Confirm that all physical remains of the incident are removed after processing is completed. NOTE: If the remains cannot be removed (e.g., paint on walls), the supervisor shall attempt to impress upon building or property owners the need for complete restoration as soon as possible.