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05-1176Council File # RESOLUTION OF SAINT PAUL, NIINNESOTA Presented By: Referred To: Green Sheet # Committee:Date: OS-11 3028783 �z 1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached 2 agreement with the Cass County Sheriffs Department for participafion in the Internet Crimes 3 Against Children Task Force. A copy of said agreement is to be kept on file in the Office of 4 Financial Services. 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Requested by Department of: Adopted by Council: Date:�� / � a DOS Adoption By: � by ouncil Secretary: /I�� Sd r: D`ate: 1 �" Z ; Q:\FiscaMO&CR\ICACCassCtySherriff's.cr20os.xis By: Fdr� A •oved by City �ttorney: v By: l{y Mayor for �s!�� Green Sheet Green Sheet , os- �i�� Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUoffice/council: Date Initia[ed: PD — POliceDepartment ,¢NO�-05 Green Sheet NO: 3028783 CorMad Person & Phone- Deuartrnent Sent To Person Initial/Date Chief John Harrington � 0 olice De a ent P li e De arimen[ 2665588 /�5jyn 1 0li eDe a ent De ardnentD'uec[or Must Be on Council Agenda by (Date): Number y • pnorn ' A o e �� For Routing 3 or's Office Ma or/Assistant O�der 4 ou cil Counctl 5 Clerk Ci Clerk 6 Gce De a ent oli De a ent Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Signatures requested on the attached council resoluUOn authorizing the City of Saint Paul, Police Department, to enter into the attached memorandum of understanding with the Cass County Sheriffs Department. Recommendations: Approve (A) or Rejed (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this personffirtn possess a skill not normally possessed by any cucrent cily employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The attached agreement will allow the Cass County Sheriff s Department to participate in the ICAC Task Force of the Saint Paul Police Department. The ICAC Task Force operates under a U.S. Deparhnent of Justice grant that targets exploitation of children online and crimes inwlving child pornography. (For more informa6on regazding tlus council resolution or agreement piease give Commander Neil Nelson a call at 651-266-5566.) AdvantaqeslfApproved: This agreement will assure that the task force is operating per Office of 7uvenile 7usrice and Delinquency Prevention (0J7DP) guidelines that set uniform operational standazds for participating agencies. DisadvanWgeslfApproved: � None. DisadvantageslfNOtApproved: The work of the ICAC Task Force will be substantially hindered as work with other agencies is an inte�al part of the original grant application. � ToWI Amount of CostiRevenue BudgMed: � Trensaction: q FundinA Source: Fedef8l Gfant Activiry Number. 34056 �� Cj '7 L�oS Financial lnfortnation: � �� (Explain) . os- ��7� yiin.nes�ta Internei Cr�mes Against G�ld:e�i Task Force �a�iti-�gencv Las�� uf�rcement �gre�:neni ThiS Multi-A�ency L2 W ErifoTCement A�'eement, and amendments and supplements thereto, (hereinafter "A�eement"} is between the �ity of Saint Paul, aeting through its �olice �eparYYment (Grantee) and Cass County, l�iinriesota, acting through ifs Sheriffs Deparmnent, 300 Ivlinnesota Ace, P.O. Box 1119, ZValker, N1N 5645� (hereinafter "Undersi�ed Law Enforcerient Agency") botU which are empowered to enter into joint powers agraements pursuant to vlinn. Stat. § 471.54, Subd. 10 & 12, and is further empowered to enter into this Agreement by Minn. $tat. § 626.76; and �heYe�s, the above subscribed parties have joined together in a multi-ageney task force intanded to investigate and prosecute erimes comtnitted against children and the crin'un�l exgloitation c�f ckuldren that is co�nmittad and/or facilitated by ar through the use of cQ�iputers, and to disrupe and dismarit.e organi�ations engaging in sueh activity; and �Vhereas, the undersigned agencies a�ee to utilize applicable state and federal laws to pros�;cute crimizial, eivii, and forfeituse aetions a�anst i�antified violators, as appropriate; and �here�5, the Grantee is the recipient of a fedexal grant (attached to this Agreement as Exhibit A) disbursed by the Office of 7uvenile Just and ➢elinquency Prevention ("07JDP") in WashingtQn, D.C, to assist law enforcement in investigating and eombating the exploitation of c;�ildren which oeeurs through the usa of eomputers by providing funding for equiprnent, �, ,,,a;� ,m,. , a ..�;.., a..,�. ,,;� urr�d �y lu.a tCniikuAS'� Siiu 'uXj°�ui1S'c'6� lilCiuuiAi� uaV2i a2'iu vV�'i �uuC i�.ui tTi� `vV17i'" 2Ti. iiiC enforc@;nent as a resnit of sueh investigations; and WI�erC�s, the OJJDP Internet Crimes A�ainst ChiYdren ("SCAC") a Board of Directors has been estabiished representing each of the existing ICAC Task Forces to oversee the operatian of the grant and sub-grant reeipi�nts. l�o�v ']Cberefore, the parties agree as follows: The Undersigned Law Enforce�nent Agency approves, authorizes, and enters ir_to this Memorandum of Understanding with the puxpose of iznpie�rienting a three-pron�ed approach to combat Internet Crimes Against Chilclren: pr�veStion, educatic�n and enfarcement; and The Undersi�ned Law Enfoxcement Agency shall adhere to the 4JJ➢P I�AC Task Force Prograzn Standards, in addition to state federallaws, when canducting undercover operations relative to ICAC; and .� 05-//7l0 3. The Un�lersigned Law Enforcement Agency shall adhere to fne Minnesota IvA� �'ask Fo�ce Policy Statement (attached to this Ag�eement as E�,ibit �); �a a. A_ll efficers contributed by the Undersigned Law Enforcement Agezicy to the Minnesota TCAC T'ask �'orce sha11 be licensed peace officers or fou�d by the Minnesota Board of �eace �f�icer Standards and Training to have conlparable qualifications; and s. When a contributeci officer of the Undersigned La�v �nforcament F�geney ��ts t�n the behalf �f the Minnesot� I�AC task �Qrce within the s:,c�pe of this Agreemer�t, the officer's aetions are within the offieer's line of duty and �ourse of employment to the same extent as if the officer had acted Q� behalf of the offieer's �mp�oying Agency; and 6. The Undersigned Law Enforcement Agency shall indemnify, save and hQld harznless the �rante�, its representatives and employees from any anci all elaims Qr eauses of aetion, including al1 reasonabla attor�ey's fees ineurr�d by tne C"irarat�e, ariaing frorn the perfQrmance of this Agreament by the Undersigned Law �,nforee�nent Ager�ey's officex/s/, a.r'�d �. All members of tk�e Undersigned Law Enforcement Agency sha11 continu� to be employed by the same Law Enforcement Agency em�aloyer which they were employed before joinin� the Minnesata IC�C '�ask Forez and all services, duties, acts or omissions performed by the mernber wi11 be within the coursa and dtzty of that employment, and therefore, ar� covered by the Workers Compensation programs of that employer; will l�e paid by that employer and entitletl tfl that employer fringe benefits; ar�d s. The Undersigned Law E,nforcexnent Agency s�all submit al1 requests for ur�d�tccver I��'`: related �peratzons ir. �vriting te the �ornr�ander of the Minr I� �C `Task �'or�e for presentation to the QJ7I)F I�AC Tasl� �'oxce �oard a��3izeetors; a��d 9. The Undersigned Law En�orcement Agency must first submit a written request far funds and reeeive approval for the funds from the �raritee tQ receive any funds from the Grantee; and 2 .� � o�-i�� io. The Undersigned La�u Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests; and i i. The UndLrsigned Law Enforcement �gency shall maintair� accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwzrded monthly to the Nlinnesota I�AC Task Force �ornmar.der or his designee far statistical reporti�g purposes; and iz. The Undersi;ned Law Enforcement Agency shall participate fully in any audits required by the 073➢P; and is. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order to share information and resources amongst the multiple enti�ies; and i4. The Undersigned Law Bnforcement Agency shall be solely respansible for f�rwardine information relative to zuvesti�ative targets to the Child Pornography Pointer System (CPFS) pursuant to the 0J7DP guidelines; and is. The Undersid ed T,aw Enforcement Agency shall provide the Minnesota ICAC T'ask Force Commander in a t�mely manner all investigative equipment acquired through grant funding as a restllt of this Agreement zn the event that: future federal funding is no longer available, the Agency decides to dissolve its binding relationship with the Minnesota ICAC Task Ferce and the Saint Paui Police Department, or the Agency breaches the Agreement. Terz�s of this agree�2nt: Tbis a�'eenent sha:i be effective upen signa?ures. Nothing i�z this a�eement shall other,�;se limi± fne j��±s�etian, pow�rs, and res�onsibilities rormaily possessed by �n emplayee as a r�ernb�z of the 4ganey. City Attorney 7o1u1 M. Hanangton, Chief of Police Saint Paul Palice Department Director� Financial Services $V e"l�.d Z A enc A�encvi certifies that the aopropriate person(sl have �xecuted the A�reement on behaif of the A�enov and its iurisdictional govemment entity as reauined bv aUplicaole articles laws bV-laws resolutions, ox ordinances. �<�� %�/iv a" Date �at� `Q .S�_ �ate O��-6•c�' Date �� //7( Date , �j�'//7Cv Saint Paul Police ICAC Task Force (Intemet Crimes Against Children) Policy Statement Policy Purpose: The purpose of tkris policy is to establish responsibilities and guidelines regazding the St. Paul Police Departments response to reports of expioitation of clvldren, and the possession and distriburion of child pomography using computers. Policy Statement: It shall be the policy of the St. Pau1 Police Department to adhere to strict guidelines with respect to investigations of computer related child exploitation. The standards adopted pursuant to this policy mirror those prescribed by Office of 7uvenile Justice and Delinquency Preventions's (OJJDP) Internet Crimes Against Children (ICAC) Task Forces, and ensure compliance with those protocols accepted by the Federal Bureau of Investigations (FBI), U.S. Customs, and the U.S. Postal Inspector's Office. Definitions: A proactive investigation is designed to identify, investigate and prosecute offenders, which may or may not involve a specific target, and requires online interaction and a significant degree of pre-operative planning. A reactiue investieation involves the invesUgation and prosecution of a lrnown target(s), and where the need to proceed with the investigation is urgent. It also includes a response within the community or azea of jurisdiction to a specific complain brought to the departments attention by another law enforcement agency, a reputable source of information such as the Cyber-Tipline at the National Center for Missing & Exploited Children or a large Internet Sezvice Provider. The department must also respond to complaints made by citizens, schools, libraries, or businesses who believe illegal material has been transmitted or potentially dangerous situations, such as child lure attempts have been communicated through the Internet. The term Internet Crimes A�ainst Children (ICAC) includes both proactive and reactive investigative activities as outlined above. An investigation is deemed to be urgent when there is a reasonable belief that the target presents an imm;nent threat to the well being of another person. U � Procedures: Work space and Equipment Fnternet Crimes Against Children (ICAC) computers and softwaze shall be reserved for the exclusive use by department designated ICAC personnel. When possible, undercover computers, software, and online accounts shall be purchased covertly. No personally owned equipment shall be used in ICAC investigations and all software sha11 be properly acquired and licensed. All ICAC online investigations sha11 be conducted in government work space as designated by the deparnnent. Care Predication and Prioritization Cases may be nutiated by referrals from the CyberTipline, Internet 5ervice Providers, or other law enforcement agencies, and by information gathered through subject interviews, documented public sources, direct observations or suspicious behavior, public complaints, or by any other source acceptable under current department policy. ICAC Supervisors are responsible for determining investigative priorities and selecting cases for investigation. Assuming the information is deemed credible, that determination should begin with an assessment of victim risk and then consider other factors such as jurisdiction and known offender behavioral charactexistics. The following prioritizafion scale was established by the ICAC Task Force Review Board and will apply to the assignment of cases within the department: 1. A child is at immediate risk of victimization; 2 A child is vulnerable to victimization by a known offender; 3. Known suspect is aggcessively soliciting a child(ren); q._ Traders of images that appeaz to be home photography with domiciled children; 5 Aggressive, high volume child pornography traders who either are commercial distributors, xepeat offenders, or specialized in sadistic nnages; 6 Traders and solicitors involved in high-volume trafFicking or belong to an organized child pornography ring that operates as operates as a criminal conspiracy; �. TradeLS in previously known images; g, Traders in digitally altered images. Record Keeping ICAC investigative units shall be snbject to the existing agency incident reporting procedure and 05-��7� case supervision systems. Investigators will obtain a case number at the outset of each case and fully document their acrivities through the completion of initial ans supplemental reports. Reports will be completed and reviewed by a supervisor in a timely fashion. Investigation and case management activities will occur in accordance with e�cisting deparhnental policies and procedures. Closeout xeports with indicate the manner in wUich a case has been resolved with copies forwarded to the prosecutor's office and/or the law enforcement agency continuing the investigation when appiicable. Undercover Investigations Cazefully managed undercover operations conducted by well-trained officers aze among the most effective techniques available to law enforcement for addressing ICAC offenses. Undercover operations, when executed and docutx�ented properly, collect virhxally unassailable evidence regazding a suspect's predilection to sexually exploit children. However, these investigations can trigger serious legal and etlucal considerations because of concern that inappropriate government conduct may induce an otherwise innocent citizen into commiitting a crime. All investigations shall be conducted in a manner consistent with the principles of due process. Task Force investigators shall avoid unlauvfixl inducement of any individual not otherwise disposed to commit the offenses being investigated, and will not engage in conduct that is shocking or offensive to notions of fundamental fairness as described in applicable case law. Officers should always be awaze that their actions, in addifion to those of the offender, may be at issue in deciding if chazges ue bxought, whether refenals to other law enforcement agencies are acted upon, and in determining the guilt or innocence of the offender at triaL Therefore, it is critical that this task force work closely with local prosecutors when investigating ICAC offenses. Accordingly, the following minimum standards apply to undercover investigations by the task force: a) Only sworn on-duty ICAC Task Farc� personnel shall conduct ICAC investigations in an undercover capacity. Prlvate citizens shall not be asked to seek out investigative targets nor shall they be authorized to act as police agents in an online undercover capacity. b) ICAC Task Fozce personnel shall not, under any circumstances, upload, transmit, or forward pomographic or sexually explicit images. c) Other than photographs of law enforcement officers who have provided their informed written consent, no human images shall be uploaded, transmitted, or forwarded by ICAC Task Force personnel. OS - //7Cv d) Other than authorized above, unages considered for uploading shall be approved by the ICAC Task Force Project Director and reviewed by a local prosecutor. Images uploaded for investigative purposes shall be nonhuman and encrypted. Sexually suggestive tides shali not be used. e) During online dialogue, undercover officers should a11ow the investigative tazget to set the tone, pace, and subject matter of the online conversation. Image uploading shall be initiated by the target. Evidence Procedures All undercover online activity shall be recorded and documented. Any deviations from this policy due to unusual circumstances, shall be documented in the relevant case file and reviewed by the ICAC Task Force Commander. The starage, securiry, and destruction of investigative information shall be consistent with agency policy. At a minimum, information should be maintained in locked cabinets and under the control of ICAC Task Force personnel. Access to these files should be restricted to authorized personnel with a legitimate need to know. Task Force supervisors should ensure that forensic examinations of computers and related evidence aze conducted by qualified personnel that have received specific training in computer forensics. Information Sharing Conventional boundaries are vii4ually meaningless in the electronic world of the Internet and the usual constraints of time, place, and distances lose their relevance. These factors increase the possibility of ICAC Task Forces tazgeting one another, invesrigating the same subject, or inadvertently disrupting an ongoing invesfigation. To foster coordination, collaboration, and communication, OJJDP requires that each ICAC Task Force contribute basic case information to a common database. Federal Guidelines have been established through the Department of Justice's ICAC Task Force Information Sharing Warking Group. The OJJDP Task Force Review Boazd reviewed, modified, and adopted the below information sharing system and procedures. The St. Paul Task Force will comply with these guidelines. 1. Task Force investigators shall contribute basic and case update information on all cases (local, interstate, reactive and proactive) to the Case Deconfliction System maintained through the Law Enforcement Data Exchange (LEDX). 2. Basic case information shall include, but is not limited to: a) Submitting Task Force b) Person submitting informarion D�-//7(�, c) Telephone number for verification purposes d) Date of submission e) Brief synopsis of investigation fl Offender screen name(s) g) Identifiers (URL, FTP, Newsgroup, IP Address) h) True name of suspect (if l�own) i) Other suspect information (if known) j) Undercover officer sFreen name(s) � 1. Case update information shali inciude, but is not limited to: a) Submitting Task Force b) Person submitting informaUon c) Telephone number for verification purposes d) Date of submission e) Date investigation initiated fl Identity of subject(s) including address, date of birth, social security number, address (when available) g) Criminal proceedings (e.g., arrest, indictment, search warrant, conviction, etc.) h) Sentencing information (when available) Each investigator working with the ICAC task force will sign up for access to LEDX via their website. Information on how to gain access will be provided by the unit commander. 1. Each investigator shall query LEDX once they have established an anvestiga6ve interest. For the purposes of the ICAC Task Force Program, an investigative interest is established when there is reasonable suspicion that a crnne has occurred or there is a reason to believe that a screen name or other potentially identifiable entity has engaged in a sequence of activities that is likely Yo lead to the sexual exploitation of a child._Assuming no other active investigaUons are discovered and that reasonable suspicion is present to initiate an investigation, the agency will submit case information to LEDX. Each Task Force should submit this information within 24 hours of inifiating the case or as soon thereafter as possible. 2. If any duplication is found, the initiating investigator is responsible for contacting the other law enforcement agency. 3. Additionally, initiating investigators should aiso contact the U.S. Customs Cyber Smuggling Center (703-293-8005) to ensure there is no duplicarion with regard to their ongoing investigations. Similarly, once an offender has been identified and associated with a lrnown address, contact should be made with the U.S. Postal Inspector responsible for child sexual exploitation offenses whexe the offender resides. D�-//7� Supervision 1. Existing deparhnental supervisory systems and procedures shall apply, with specific emphasis on observation, documentation, and periodic evaluation of cases assigned to undercover investigators. Written d'uectives will reflect the principles of quality case management and ensure that ICAC Task Force activities comply with both agency and ICAC Task Force Standazds. 2. At a minimum, management or supervisory policies and practices shall include: a) review of daily ICAC Task Farce investigative reports; b) periodic review of undercover session recordings; c) d'uect participation in formulating ICAC Task Force investigative plans and establishing investigative priorities; d) development of work schedules including approval of specific overtime expenditures; e) assessment of equipment and training needs; and, fl review and approval of any ICAC Task Force fiscal matters. Selection of ICAC Task Force Personnel W1ule existing agency personnel procedures apply, managers and supervisors should evaluate prospective ICAC Task Force candidates for work history that indicates prior investigative experience, court testimony skill, ability to handle sensitive information prudently, and a genuine interest in the protection of children. Task Force members should be computer literate, knowledgeable regazding child exploitation issues, and be familiar wi��h Federal and State statutory and case law pertaining to ICAC investigations. Prevention and Education Activities Prevenrion education activities are a critical component of the St Pau1 Police ICAC Task Force Program. Supervisors and investigators are expected to develop and lead prevention programs to foster awazeness and provide practical, relevant guidance to children, parents, educators, librarians, and other individuals concerned about child safety issues. However, these presentations shall not depict identifiable victims nor shall they use pornographic or sexually explicit images. Presenters shall not discuss investigative techniques. Media Relations and Releases vs-�� Copies of inedia releases related to this initiative will be forwazded thtough the ICAC Unit Commander to the Public Information Office for dissemination. Copies of radio or video segments and press clippings will be used to promote and sustain public support for ICAC activities and circulated within the Review Board. Media releases relating to prosecutions, crime alerts or other matters conceming ICAC Task Force operations shall not include information regazding specific investigative techniques and should be coordinated (when appiicable) with other Task Force pazlicipants, Federal law enforcement agencies, and State and local agencies involved in the investigation consistent with sound information management and media relations practices. In each case, copies should be provided to 03JDP in a timely manner'. o� l��c� ICAC PROGRAM 0��'i_'TON�T _ . �- INVESTIGATIVE STANDARDS 05 // 7� ra m r+v li F'1lL'!1 .,. � ' Ir 'OZL�?1L10P_S . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • _ 8�� 1 C :SP M,a, . . . . . . . . . . . . . . . . . . . . . . . . . PaaPC 7 — F A. Jv orxspace and Equipmeni t age 2 B. Case Predication and Prioritization Page 3 C. Record Keeping Page 4 I�. Underccver Investigations Page 5 � E. Evidence Proced'ures Page 6 Lnfortr�ation Shar;ng . . . . . . . . . . . . . . . . . . . . . . . Page 7 Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8 c�l��t;�n �fT�A_�' '1'ask Force Personnel_ . . . . . . . ?age 9 — -- Community Education and Crime Prevention Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 10 M�.dia Relations and Releases . . . . . . . . . . . . . . . . Page 11 ICAC Program G�perationai and Imestigative Standards D S Date: ��n��3 � As used herein, the following defi�itior. shall appty; "033DP" is the Office of Juvenile Iustice and Delinquency Prevention. "NCMEC" is the Nafional Center for Missing and Exploited Children. "CEOS" is the Child Exploitation and Obscenity Section of the United States Attomey's Office, of the Departrnent of Justice. "ICAC" is the Internet Crimes Agains± Children prog�am composed of Regional Task Forces and Satellites. "REGIONt1L TASK �ORCE" is defined as an ICAC law enforcement agency -- ---- to T ----- — "SATELLITE" is de:v �s a law enforce�ent agency u a� was selecte3 to receive an OJJDP grant to establish a satellite program. For the purposes of this program, crime is defined as any offense that involves the exploitation of children facilitated by technology. fnvestigative interest is esta'oiished when `�riere is reasonabie suspicio� ihat a screen nazne or other potentially identifiable entity has committed a crune or that entity is engaged in a sequence of acfivities that is likely to result in the commission of a crune. A proaciive investigation is designed to identify, investigate and prosecute affenu�e:s, which may or �ay net inve�ve a specific ±a*get, and reqves on_iine interaction and a significant degree of pre-operative plauning. A reactive ir�vestigation involves the investigation of a complaint of a crime. t2easonad[e suspicion is es`aoiished when s,:f�c:ent facts exist io iead a:aw enforce�eat officez to be:ieve tiia: aa indiviclt:al cr orgariza�on is i^volvec in a dennable criminai activity. Program Operational and Investigative Standards -1- D� // 7Co Fffective Date: 3/08/02 �pac� and C�Se � i ef 1 A. Workspace and Equipment 1. ICAC computers a�d softwaze shal be :eserved fo: the exclusive use by agency designated ICAC personnel. When possible, undercover computers, soflwaze, and online accounts shatl be purchased covertly. No personally �,u�ed equipment skall be use3 in ICAC investigat�aas and all software shall be properly acquired and lice:�sed. 2. ICAC personnel sha11 not use ICAC computers, software ar online accounts for personal use_ __ _ _ _ `_ _ _ _ 3. Absent e�gent or unforeseen circumstances, all ICAC online invesfigations shall be conducted in government workspace as designated by the agency. Exceptions must be approved in advance by an ICAC supervisor. ICAC Program Operational and Investigative -2- D� -/17 t� 3/08/02 Date: aI�QIC3110II Case M ? of ? B. Case Predication and �rioritiza�on 1. Cases may be initiated by referrals from the CyberTipline, Internet service providers, or other law eniorcement agencies, and by information gathered through subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, or by any other source acceptable under agency policies. --------- ------ ---- 2. ICAC supervisors aze responsible for determining investigative priorities and selecting cases Por investigation. Assnming the information is deemed credible, that determination should begin with a�assessment_of victixn risk and then consider_other factors_such_as_ - jurisdiction and known offender behauioral characterisrics. The following prioritization scale shall be considered: a) A child is at immediate risk of victimization b) A child is vulnerable to vicfimization by a known offender c) A lmown suspect is aggressively soliciting a child(ren) d) Manufacturers, distributors or possessors of images that appear to be home photography with domiciled children e) Aggressive, high-voluxne child pornography manufacturers or distributors who either are commercial distributors, repeat offendezs, or specialize in sadisfic images fl Manufacturers, distributors and solicitors involved in high- volume trafficking or belong to an organized ckuld pornography ring that operates as a criminal conspiracy g) Distributors, solicitors and possessors of images of child perno�aphy " h) Any othei' forxn of child victiinization. Program Operational and Investigative Standards -3- 05 //-Z� Date: 4 " 3/08/02 Record Keep Case ? of 1 C. Record I�eeping 1. ICAC units shall be subject to e�sting agency incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall be assigned to each ICAC case. 2. Participating agencies will report �rogram accomplishments using the ICAC Monthly Performance Measures Report. This report is due to the ICAC Coordinator on the 10�` of every month and does not replace the semi-annu�i progress report required by the Office of 7ustice Program's Financial Guide. ICAC Program Operational and Zrrvestigatzve Standards ., _4- " ` D S- //7Cv D. Undercover Invesfigafions . l. Cazefully man�ged undercover operations conducted by well-tr�ained o�cers are among the most effective techniques available to law enforcement for addressing ICAC offenses. Undercover operarions, when executed and documented properly, collect virtually unassailable evidence regar�ing a saspec±'s p*edilection io exploit chi?dren. 2. Investigators will be supplied with appropriate training and receive a copy of the ICAC Operational and Investigative Standazds --- - 3. � �C�investigahons shal e con ucte m a manner consis en wi the principies of law and due process. See, for example, Jacobson v. U.S., 503 U.S. 540 (1992); U.S. v. Archer, 486 F.2d (2 Cir.1973); U.S. v. Gamache 156 F. 3d 1(l Cir. 1998); U.S. v. Poehlman 217 F. 3d 692 (9� Cir. 2000). ICAC investigators are encouraged fo work in conjunction with their local prosecutors. - 4. The following minimum standards apply to ICAC investigations: a) Only sworn, on-duty ICAC personnel shall conduct ICAC investigations in an undercover capacity. Private cifizens shall not be asked to seek out investigative targeis, nor shail they be authorized to act as police agents in an online undercover capacity. b) ICAC personnel shall not, electronically upload, transmit, or forwazd pornographic or sexually explicit unages. c) Other than photographs of law enforcement officezs who have provided tneir informed written consen�, no actuai human unages shall be uploaded, transmitted, or forwarded by ICAC personnel. d) During online dialogue, undercover officers should ailow i.he investigative tazget to set the tone, pace, and subject matter of Ehe online conversation. Image transfer shall be initiated by the target. ' ICAC Program Operational and Investigative -5- 05�-/l7(P e} undercover oniine activiry si3aii be recardeci and doe,unented. ,�ny depar�ares uo�'. 'uliS a611C� G�llB i0 II11Si:a; Ci2Ciii'i1S`uutCeS shall be documented in the relevant case file and revi�wed by an _ ICA� supervisor. Effective Date: 3/08/02 nce Procedures � Page 1 of Case Management E. Evidence Procedures 1. The storage, security, and destruction of investigative information shall be consistent with agency policy. Access to these files should be restricted to authorized pexsonnel. __ _ _ __ _ _ __ __ _ 2. ICAC supervisars should ensure_ that qualified personnel conduct forensic examinations of computers and related evidence. a. Child pomography is contraband and should be maintained pursuant to each agency's policies regarding such. Absent a court order specifically ordering otherwise, evidence containing child pornography shall not be released to any defendant or representative thereof. b. When providing evidence containing child pornography ±e another law enforcement agency, such evidence must be hand-delivered, digitally protected or sent via a delivery service which tracks the - shipment. � ICAC Program Operational and Ircvestigative Standards -o- 3/08/02 Date: 1 of 1 Information Shari 1. Conventional boundaries are vixtually meaningless in the electronic world of the Intemet and the usual constraints of time, place, and distauce lose their relevance. These factors increase the possibility of ICAC agencies targeting one another, investigating the same subject, or inadvertently disrupting an - ongoing investigatior�. To foster coordination, collaboration, and co�nunication, each ICAC agency must contsibnte basic case infar�ation to a common database. 2. Each ----- — ------ — as designated by the ICAC Boar o ixectc submitted at the earliest practical opportunity. 3. _ If any common target is_identified, the initiating ICAC agency is responsible for contacting the other law enforcement agency targeting the suspect. 4. Initiating ICAC agencies should also consider contacting other local, state, and federal agencies which may be involved in similar investigations. ICAC agency shall contribute case information on all active �tion (local: inter state, reacfive and proactive) to a common databa ICAC Program Operational and Investigative Standards -7- dS Each ICAC agency sha11 have supervisory systems and procedures, which shall pLOVide for observation, documentation, and periodic review of ICAC activity. Such system should comply witki the principles of quality case management and ensure that ICAC activities comply with both agency and ICAC Standards. 2. ICAC agencies x�ay subiait any proposed ope*ations to the Bo�rd for review. To assist the Board in its review, the proposals shall be submitted to the Board Coordinator at least 21 days in advance of the next regularly scheduled meeting. Proposals should be submitted using the following format and include the following information: _ _ _ , ------ --"-"------ -� goals an� o �ectrves o��e operahon; b) personnel assigned and/or responsible for investigation; c) duration of operation, i.e., projected start and stop dates; - d) offenses targeted far investigation; _ _ ---- �- � • � ' vesri ahve targets and limrtatron on gove_Tnment contac ; e) m g fl operation scenario and techniques (language for contact letters and advertisements must be included with proposal); g} liaison and/ox case referral procedures with Federal law enforcement agencies (include the names of Federal agents when known) and; h) other relevant information 3. The Boazd, at its discretion, may suggest amendments to the original proposal following consultation wifh the presenting agency. ivofice oi tue resuits of the review of investigative proposals from satellites will be communicated to the sateiiite represenraiives oy tne Boarn �hair. 4. The ICAC submitting the proposal for review may seek the support of 5he Board. ICAC Program Operational and Investigative Standards � D� //7l0 Effecuve Date: 3/08/02 { Page i of 1 Selection of �CAC Task lFQree Fersomnel Managers and supervisors shoutd evaluate prospective ICAC candidates for work history that indicates prior investigative experience, court testimony skills, ability to handle sensitive information prudently, and a genuine interest in the protection of children. " ICAC Program CS`perational and Investigative Standards -9- o�-ii�� l. Prevention education activifies are a critical camponent of the OJJDP ICAC ` Program. ICAC agencies should foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, and other individuals concerned abont child safety issues. 2. Presentations to school sta£f, parents, and community gzoups aze excellent ways to promote awazeness. These presentations shall not depict identifiable victims, not otherwise in the public domain; nor shall they use pomographic or sexually explicit iznages. Presenters shall not discuss confidential investigative tecluuques. - ------- 3. -- I�Fo member of � IC�C - T`ask Force may en orse any produ�oi service without the express consent of an OJJDP Program Manager. While appearing at pubiic presentations, iCfi� memoers may indicate a preierence for a product or service, but to avoid an implicit endorsement, such ICAC members should indicafe adequate alternatives. fCAC Program Operational and Investigative Standards -10- � D� //7 Media releases relating to prosecutions, crime alerts or other matters concerning ICAC operations shall not include information regarding confidentia) investigative --- ----- --�- techriiques shou�ld be coo�lcr ivated app icaT�e wi h o er -- pazticipants, Federallaw enfarcement agencies, and 5tate and local agencies involved in tne investigation consistent with sound information management and media relations practices. ICAC Program Operational and Investigative Standards , n -11 -