anti-Muslim crime

Erica Evans filed this request with the Department of Justice of California.
Status
Rejected

Communications

From: Erica Evans

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

Crime data for the State of California with information relating to anti-Muslim hate or Islamophobia including any crime committed against Muslim people or vandalism of places of religious worship or other property where anti-Muslim sentiment was an apparent or accused motive. The data include the location of the crime, victim type (individual/property), race/ethnicity, gender of victims and suspects, weapon involved, and property loss or damage.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Erica Evans

From: Jaimie Tackett

Dear Ms. Evans,

This email is in response to the Public Records Act request that you submitted to the California Attorney General's office on December 8, 2016. Your request is attached for your reference. For what time from are you requesting the specified data?

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 210-5267

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Jaimie Tackett

Dear Ms. Evans,

Please advise on my question below so that we may begin to process your request.

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 210-5267

From: Erica Evans

Hello Jaimie Tackett,

Thank you so much for following up on this request. I would like to request the specified data for the last twenty years since 1997 if possible.

I sincerely appreciate your time and assistance.

Best,
Erica Evans

From: Erica Evans

Hello Jaimie Tackett,

Thank you so much for your initial response to my request. I am working on a project with a deadline and would like to know what the time frame for your department's response will be. Do you expect this request will be able to be filled? Thank you again for your time and your help.

Sincerely,
Erica Evans

From: Jaimie Tackett

Hello Ms. Evans,

I apologize for my delayed response; I was out all last week. We will have a response ready for you by the end of the day today.

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 210-5267

From: Jaimie Tackett

Dear Ms. Evans,

Attached please find the response to the California Public Records Act request that you submitted to the Attorney General's Office on December 8, 2016.

Jaimie Tackett, Manager
CJIS Division, Operations Support Program
4949 Broadway, Room D-207
(916) 210-5267

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Erica Evans

Hello Ms. Tackett,

Thank you so much for this response. This is exactly the type of data I was looking for. I was however expecting the data to include 2016. Why aren't these numbers available? Do I need to submit another records request to obtain that information?

Sincerely,
Erica Evans

From: Erica Evans

Ms. Tackett,

I would like to note that the Hate Crime Context document I received said that Hate Crime data (HATE) is submitted to the DOJ monthly. Is there a reason why I cannot have access to the most recent data that includes 2016? Thank you again.

Best,
Erica Evans

From: Jaimie Tackett

Ms. Evans,

We are unable to provide 2016 data until we close out the statistical year. As such, 2016 data will be available after July 1, 2017. I apologize for not noting that in the response.

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 210-5267

From: Erica Evans

Ms. Tackett,

Thank you so much for clarifying. Unfortunately, I need the 2016 data to make my reporting relevant. My editor has requested that you show us where in the law it says you can withhold data based on the timing of the statistical year. As far as we know it is public record. We don't need a finished or organized report; you can just send the raw Hate Crime data (HATE) that is submitted to the DOJ on a monthly basis.

Secondarily, concerning the spreadsheet you sent, it would be very helpful if someone could explain:
1) The difference between the columns titled "TotalNumberofVictims" and "TotalNumberofIndividualVictims"
2) A key for the Facility Codes so I can know where the crimes occurred, i.e. what city/county?
3) The meaning of the columns titled "I" "B" "F" "G" "S" "R" "O" "U" that are filled with 1's and 0's.

Thank you so much for everything you have done to help me already.

Best,
Erica Evans
330.606.6139

From: Jaimie Tackett

Dear Ms. Evans,

I have forwarded your request to the appropriate program and will let you know as soon as I receive their response.

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 210-5267

From: Erica Evans

Thank you so much for sending those questions along. I look forward to hearing back from you soon!

Best,
Erica Evans

From: Erica Evans

Hello Ms. Tackett,

Have you heard back from the program that you forwarded this request to? I am working on a deadline and need to know by midweek.

Best,
Erica Evans

From: Jaimie Tackett

Dear Ms. Evans,

Attached please find a letter extending our due date for responding to your questions to February 21, 2017.

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 210-5267

From: Erica Evans

Hello,

Thank you for working on this. Your e-mail says Feb. 21, but the attached letter says that the deadline is extended to Feb. 13. I'm guessing one of those is a typo, so if you could confirm the actual deadline, that would be great. And if there is any way you could send me a response before that deadline, I would be so grateful. The deadline for my project is the end of this week and so I really need the answers to my questions before that. I understand that you are working with other departments on this, and there may be a limit to what you can do, but I just wanted to communicate the urgency to you. Thank you again!

Best,
Erica Evans

From: Jaimie Tackett

Dear Ms. Evans,

This email is meant to respond to the second set of questions that you submitted on January 26, 2017.

Secondarily, concerning the spreadsheet you sent, it would be very helpful if someone could explain:
1) The difference between the columns titled "TotalNumberofVictims" and "TotalNumberofIndividualVictims"

For hate crime data, the term victim includes individual persons, as well as businesses, churches, governmental agencies, schools, etc. Thus, the total number of victims includes any of those as victims, while the total number of individual victims includes only the number of individual persons as victims.

2) A key for the Facility Codes so I can know where the crimes occurred, i.e. what city/county?

Please see attachment 1.

3) The meaning of the columns titled "I" "B" "F" "G" "S" "R" "O" "U" that are filled with 1's and 0's.

The explanation of each of these columns, which are columns X-AE in the spreadsheet, is listed on pages 12-13 of the Hate Crime Context Doc (attachment 2).

Please let me know if you have any other questions. We will have a response for your question regarding the 2016 data by Tuesday, February 21, 2017.

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 210-5267

From: Erica Evans

Ms. Tackett,

Thank you so much for answering these questions even though you had until Feb. 21. I am so grateful for your help! I'm hoping I can still get the 2016 Hate Crime data (HATE), so please let me know if that is possible as well. Thank you so much.

Sincerely,
Erica Evans

From: Erica Evans

Hello again!

I hope you enjoyed President's Day weekend. I was expecting to receive an answer to my request about 2016 data as of yesterday's deadline. Do you have an update on that request? My e-mail on January 26 reads: "My editor has requested that you show us where in the law it says you can withhold data based on the timing of the statistical year. As far as we know it is public record. We don't need a finished or organized report; you can just send the raw Hate Crime data (HATE) that is submitted to the DOJ on a monthly basis."

Thank you so much.

- Erica Evans

From: Jaimie Tackett

Dear Ms. Evans,

The raw data is exempt from disclosure pursuant to Government Code sections 6254, subdivision (a), and 6255, subdivision (a). The data collected by the DOJ regarding hate crimes is subject to numerous levels of manual and electronic review and validation from the time it is first reported to the time the final annual report is released. As a result of these processes, information that is initially entered—i.e., individual data points—often changes, and when information is changed it is overridden such that the DOJ does not retain prior drafts of that information. Given the sensitivity of hate crimes, and the importance for accuracy in reporting them, it would not be in the public interest to extract raw data before it has been verified and compiled. The import of allowing the DOJ sufficient time to vet data prior to its release is reflected in Penal Code section 13023, subdivision (b), which gives DOJ until July 1 following the close of a calendar year to prepare its annual report on Hate Crime data received by local agencies and then post it on the OpenJustice portal. This reflects a correct legislative understanding that it can take months to verify data and an earlier release of the data would not serve the interests advanced by publication.

Jaimie Tackett, Manager
California Department of Justice
CJIS Division, Operations Support Program
(916) 210-5267

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