Gurbir Grewal / Photo by Carmen Natale.

Gathering input from multiple law enforcement agencies, as well as groups representing those who have been targets of bias crimes in the past, New Jersey Attorney General Gurbir S. Grewal on Friday issued updated and enhanced “Bias Incident Investigation Standards.”

An update was due, Grewal said, since the last one was nearly two decades ago. The revamped standards aim to use a victim- and community-centered approach by law enforcement, electronic reporting, and greater inter-agency communication. They also expand the definition of “bias incident” to reflect amendments to New Jersey's bias intimidation statute that went into effect in 2008.

The new standards are posted at www.njpublicsafety.com.

“With bias incidents trending upward in recent years—fueled unquestionably by certain individuals and groups who exploit hatred and intolerance—it is critical that we employ best practices in investigating and reporting these incidents, and addressing their impact on victims and the community,” Grewal said in a statement.

“Law enforcement must be prepared, from the moment a potential bias incident is reported, to conduct a thorough and complete investigation, while treating victims in a sensitive and supportive manner. We cannot allow those who perpetrate these crimes to succeed in sowing seeds of fear and tension among victims and the community at large,” he said.

The new standards were developed by the Division of Criminal Justice with input from the Division on Civil Rights, law enforcement, and community stakeholders, the office said. They make a number of significant changes to the prior standards, which were last updated in 2000. Among them:

• A more streamlined and centralized reporting of all bias incidents by the state's law enforcement agencies, submitted using the new “Electronic Uniform Crime Reporting” (eUCR) system maintained by the New Jersey State Police;

• A requirement that all county prosecutors' offices notify the AG's office when pursuing bias intimidation charges under N.J.S.A. 2C:16-1;

• Addition of protected classes, including those based on gender, disability, gender identity or expression, and national origin;

• Expansion of the definition of “bias incident” to encompass any suspected or confirmed violation of New Jersey's bias intimidation statute, using a more thorough list of predicate crimes and disorderly person offenses;

• A directive that any bias incident that involves: certain enumerated violent crimes, a law enforcement officer as alleged perpetrator, an organized hate group, or has the potential to generate large-scale unrest, is to be immediately reported by phone to the Division of Criminal Justice and appropriate county prosecutor by the jurisdiction's chief law enforcement officer;

• A requirement that law enforcement notify the New Jersey Office of Homeland Security and Preparedness and county prosecutors pursuant to AG Directive 2016-7 if a bias incident is linked to or suspected to be linked with terrorism;

• Clarification that Division of Civil Rights investigations can be launched by the DCR director without a complaint being filed;

• An assurance that victims and concerned parties are afforded all the rights and protections provided under the New Jersey constitutional amendment for victims rights and the Crime Victim's Bill of Rights, N.J.S.A. 52:4B-34, et seq; and

• Reinforcement of continuing education for law enforcement on bias crimes and cultural sensitivity, and a requirement that police recruits receive updated training in these areas.

“We are grateful to the law enforcement and community stakeholders who worked with us to ensure that these new standards address the critical issues and concerns surrounding bias incidents and their investigation by law enforcement,” said Division of Criminal Justice Director Veronica Allende in a statement. “Bias incidents pose a special threat because of their capacity to traumatize victims and create tension in a community.

“These standards ensure that law enforcement responds effectively and sensitively when these incidents occur,” Allende said.