Code of Massachusetts Regulations
501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Title 501 CMR 4.00 - Hate Crimes
Section 4.03 - Procedure for Reporting

(1) Hate crimes should be reported by state, local, and campus police, and other law enforcement agencies to the Crime Reporting Unit of the Criminal History Systems Board and the Department of State Police. The Crime Reporting Unit is to serve as the repository of hate crimes reports, and shall bear responsibility for disseminating hate crimes data as required by M.G.L. c. 22C, § 33.

(2) Hate crimes are to be reported to the Crime Reporting Unit through the Massachusetts Hate Crime Reporting Form, a copy of which is annexed to 501 CMR 4.00 as Exhibit A. Reports should include the information specified in the form: the date and time of a hate crime, all evident bias indicators or whether the crime was a per se hate crime, the type(s) of bias evident, the target of the hate crime, indications as to an organized hate group or pattern of criminal activity, identifying information regarding victims(s) and perpetrator(s), injuries suffered, and weapons used, and the other crimes committed in the course of the incident. The Crime Reporting Unit may revise and update the form from time to time, consistent with M.G.L. c. 22C, § 33 and 501 CMR 4.00.

(3) Police departments and law enforcement agencies should complete and submit a hate crime report for each criminal act that appears to be motivated by bias because of the presence of one or more bias indicators. The hate crime should be reported at whatever point a bias motive becomes evident to responding or investigating officers, or on a periodic basis at intervals not to exceed one year. In some cases, a bias motive may be immediately apparent (e.g., a synagogue defaced with anti- Semitic graffiti and swastikas); in other cases, bias indicators may not appear until an investigation is concluded. The report should be filed as soon as practicable, and should be filed even in cases in which no hate crime or civil rights charges are referred or prosecuted.

(4) If, after an initial hate crimes incident report was submitted, additional information regarding bias becomes available, an amended report or additional data or information should be submitted to the Crime Reporting Unit.