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05-62Council File # RESOLUTION � SAINT PAUL, MINNESOTA Presented By: Referred To: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Committee:Date: RESOLVED, t6at the City of Saint Paul Police Department is authorized to enter into the attached agreement with the State of South Dakota for Qarticipation in the Internet Crimes Against Children Task Force. A copy of said agreement is to be kept on file in the Office of Financial Services. 22 23 24 25 26 27 28 29 30 Benanev Bostrom Harris �hune Yeas �lopted by Council: Date: �option Certified by Council Secretary: • /j7//�a �iri ��rr_ �proved bp 1�Iayor: Date: ��C�� � Green Sheet # �3 Mayorfor��l�s� to �`� 207146 �1��� ��I�/1��!/�� � Requested by Department of: TMENT/OFFICE/COUNCIL r John Harrineton 266-5588 vaios GREEN SHEET INITIAUOATE �IVGIL AGCIVUA CT (UA I t/ ASAP Z�Cm nTrow+Er Tww �w�nLW. SERVICES INR. _ y v pwYOR(ORA356TqNi) i�i Na 20714 INRIAIIDATE ( �crtr c�wc �i iNnNCYLLSEKJ�ACC(G ���i � IIMaN R�GX1S i� TOTAL # OF SIGNATURE PAGES 1 (GLIP ALL LOCATIONS FOR SIGNATURE) )N REQUESTED •oval of the attached council resolution entering into a memorandum of understanding with the of South Dakota through their Depar4nent of Criminal Investigation to actively participate with the net Crimes Against Children Task Force (ICAC) of the St. Paul Police Depariment under a grant from the �rtment of Justice. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Has this persoNfirm ever worKed untler a Contract for this departmenY? YES NO Has this person/Tirtn ever been a ary employee? YES NO Does this persoMfirtn possess a skill not normally possessetl by any curterR crty employee? YES NO Is ihis persoNfirm a tar9etetl vendoY? YES NO cplain all yes answers on separate sheet and attach to green s�eet �The ICAC Task Force's mission is Co work as a mukiyurisdictianal operation tfiat: investigates crimes involving child pornography; exploitation of children online; educates law enforcement on investigative techniques and legal issues involving search warrants and seizure of evidence; develop and institute a public awareness program to help parents and �hildren have positive experiences while online. Assisting agencies must agree to adhere to the same sYandards that —he task force has agreed to with the Office of Suvenile Justice for Deiinquency Prevention. This MOU is an statement hat the agencies understand and agree to those standards and that any equipment given to the assisting agency for �sk force work is to be returned to the task force upon termination of the task force or their affiliation with the task force. �pproval of the council resolution will assure that the task force is operating per OJIDP guidelines and set uniform ��erational standards for participating agencies. Approval witl also,espand the ICAC Task Force program to _ ��� �e State of South Dakota. ��� � t �- a � � �ne. y � , .l �4DVANTAGESIF NO7APPROVED � work of the ICAC Task Porce would be substantially hindered as work with other agencies is an integral part —he original grant application. �L AMOUNT OF TRANSACTION $ ING SOURCE �CIAL INFORMATION iEXPLAtN) COST/REVENUE BUDGETED �qRCLE ONE) ACTIVITY NUMBER YES NO ICACSouthDakota cr gs2005 US-�Z INTERNET CRIMES AGAINST CHILDREN TASK FORCE JOINT POWERS AGREEMENT T`hiS 70int Powers AgTeement, and amendments and supplements thereto, ("Ageement'� is between the City of Saint Paul, acting through its Police Deparhnent located at 367 Gzove Street, St Paul, MN 55101 ("Grantee") and the State of South Dakota Office of Attorney General, acting through its Division of Criminal Invesrigafion, located at Rol Kebach Criminal7usfice Training Center, 3494 E Hwy 34, Pierre, SD 5�501-5070 ("DCI"); Whereas, the Grantee is empowered to enter 3nto this Agreement pursuant to Minn. Stat. §471.59, Subd. 10 & 12, and is fiuther empowered to enter into this Agreement by Minn. Stat. §626.76; the DCI is empowered to enter into this Agreement pursuant to SDCL chs.l-24 and 23- 3; Whereas, the Grantee is a recipient of a federal grant (attached to this Ag�eement as Exhibit A) disbursed by the Office of Juvenile 7ustice and Delinquency Prevention ("O7JDP") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enfarcement as a result of such investigations; and Whereas, consistent with the terms of that federal grant, Grantee created the Minnesota Internet Crimes Against Children Task Force, and is one of 45 such task forces created nation wide. The OJJDP Internet Crimes Against Chiidren ("ICAC") Board of Directors has been established representing each of the existing ICAC Task Farces to oversee the operation of the federal grant and sub-�ant recipients; and Whereas, currently the DCI is not eligible to be a recipient of a similaz grant or create a separate task force that could participate with the other 45 task farces created pursuant to the federal grant program; and Whereas, the above partaes have determined that it is mutually beneficial to have the parties entex into this Agreement whereby the DCI can participate in Grantee's Intemet Crimes Against Children Task Force to investigate and prosecute crimes cominitted against children and the criminal e�loitation of children that is committed andlor facilitated by or tk�rough the use of computers, and to disrupt and dismantle organizations engab ng in such activity; and Whereas, the parties approve, authorize, and enter into this 7oint Powers Agreement with the ptupose of implementing a three-pronged approach to combat Tnternet Crimes Against Children: prevention, educarion and enforcement; and Now therefore, the parties agree as follows: -1- �-�z 1. In consideration ofthe Grantee's observance and performance ofthe covenants, terms and conditions set forth herein, the DCI agrees to: Utilize applicable state and federal laws to investigate and refer for prosecution criminal, civil, and forfeiture actions against identified violators, as appropriate; and Adhere to the OJIDP ICAC Task Force Program Standards, (attached to this Agreement as E�ibit B), in addition to state and federal laws, when conducting undercover operations relative to ICAC; and Adhere to the Mimiesota ICAC Task Force Policy Statement (attached to this Agreement as E�ibit C); and Assign qualified personnel that are certified law enforcement officers undex South Dakota law to participate in Minnesota ICAC Task Force law enfarcement activities within the jurisdaction of the State of South Dakota, ("AgenY') No Agent assigned under this Agreement will be engaged in law enforcement activities within the jurisdiction of the State of Minnesota; and That when a Agent assagned by DCI acts on the behalf of the Minnesota ICAC Task Force within the scope of this Agreement, the AgenYs actions are within the officer's line of duty and course of employment to the same extent as if the Agent had acted on behalf of the DCI,; and That when an assigned Agent is performing activities for the Minnesota ICAC Task Force under this Agreement, such Agent shali remain an employee of the DCI, and the DCI shall retain the exclusive responsibility far such Agent, including but not lunited to liability coverage, regular and overtime wages and salaries, unemployment benefits, warker's compensarion coverage, health insurance and other employment benefits. Submit all requests for undercover ICAC related operations in writing to the Commander of the Minnesota ICAC Task Force for presentation to the OADP TCAC Task Force Board of Directors; and Submit a written request for funds and receive approval for the funds from the Grantee prior to receipt of any funds from the Grantee; and Submit original receipts for reimbursement on all pre-approved requests; and Maintain accurate recozds pertaining to prevention, education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander or his designee for statistical reporting putposes; and Participate fully in any audits required by the OJJDP; and -2- � �. Make reasonable good faith attempts to be represented at any scheduled regional meetings in order to share information and resources amongst the mulripie enrities; and Forwazd information relarive to investigafive targets to the Child Pomography Pointer System (CPPS) pursuant to the OJJDP guidelines and applicable 5outh Dakota law ; and Provide in a timely manner to the Minnesota ICAC Task Force Commander all investigarive equipment acquired through grant funding as a result of this Agreement in the event that: future federal funding is no longer available, the Agreement is terminated or this Agreement is materially breached. 2. In consideration of the DCI's observance and performance of the covenants, terms and conditions set forth herein, the Grantee agrees to: Include in federal grant fund requests to OJJDP money to be dispersed to DCI under terms of this Agreement; and Timely notify DCI of iraining opportunities far Agents assigned to the Minnesota ICAC Task Farce and equipment that may be purchased under the grant; and Tnnely notify DCI of the time and place of Minnesota ICAC Task Force meetings, and any amendments or changes to the federal grant OJJDP ICAC Task Force Program Standards or Minnesota ICAC Task Force Policy Statement that may effect the terms and conditions of this Agreement, including but not limited to Grantee's ability to provide grant funds to DCI; Assist DCI in perfornung Minnesota ICAC Task Force activiries under this Agreement, provided, however, no ICAC Task Force SPPD officer or other ICAC Task Force agency peace or law enforcement officers will engage in law enforcement activites under the authority of the Minnesota ICAC Task Force within the jurisdicrion of the State of South Dakota; and Timely consider and respond to DCT's requests for grant funds, traaning and equipment to support activities performed for the Minnesota ICAC Task Force; and 3. Each party will be solely responsible for the actions of its officers, Agents and employees under this Agreement. The parties agree that nothing in the Agreement shall be construed as an indemnification by one party of the other for liabilities of a party to third persons for pmperty loss or damage or death or personal injury arising out of the performance of this Agreement. Any liabilities or claims for property loss or death or personal injury by a party or its Agents, employees, contractors or assigns or by third persons, arising out of and during this Ageement shall be determined according to applicable law. -3- � 4. The parties futther agree that nothing iu this Agreement shall othenvise limit the jurisdiction, powers, and responsibilities normally possessed by the DCI or any DCI Agent. The parties understand that there is nofhing in this Agreement wbich prevents any Agent who is assigned to the Minnesota ICAC Task Force when not acting hereunder, from performing law enforcement duties for the DCI. 5. This Agreement can be ternunated by either pariy for any reason by providing 30 days prior written notice to the other parly. 6. Notwithstanding any other provision, this Agreement depends upon continued a�ailability of appropriated funds and expenditure authority from the South Dakota Legislature. This Agreement wili be terminated if the South Aakota Legislature fails to appropriate funds or grant expenditure authority or if there is a lack of sufficient appropriated funds or lack of expenditure authority available to DCT to perform its obligations under this Agreement, whether due to lack of appropriarions by the Legislature or otherwise. DCI will provide written notice of temunation to Grantee once the determination of funding insufficiency is made. Terminafion under this provision does not constitute a default or give rise to any claim against the notifying party. 7. The Parties declare that no specific entity as contemplated in SDCL 1-24-4(2) is being created to implement this Agreement, and that the cooperative undertaldng herein described shall be administered by Grantee throu� St Paul Chief of Police and by the DCI through the Director of the Division of Criminai Investigation, or their authorized designees as contemplated in SDCL 1- 24-5. 8. A11 notices or other communication required under this Agreement shall be in writing and sent to the address set forth above. Nofices shall be given by and to the persons identified above, or such authorized designees as a party may from tune to time designate in writing. Notices of communications to or between the parties shall be deemed to have been delivered when mailed by first class mail or, if personally delivered, when received by such party. 9. This Agreement may not be modified or amended except in writing, which wriring shall be expressly identified as part of this Agreement, and which writing shall be signed by the official representatives of the parties. 10. This Agreement and the covenants herein contained shall inure to the benefit of and be obligatory upon the legal representatives, Agents, employees, successors in interests and assigns to the respecrive parties hereto. 1 l. In the event that any provision of this Ageement shall be held unenforceable or invalid by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision herein. 12. All other prior discussions, communications and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as -4- � ,. specificaily provided herein, this Agreement constitutes the enrire agreement with respect to the subject matter hereof. 13. This Agreement is intended to only to govern the rights and interest of the parties named herein. It is not intended to, does not and may not be relied upon to create any rights, substantial or procedural, enforceable at law by any third pariy in any matters, civil or criminal. 14. This Agreement shall be effecrive upon signatures of the parties. 15. Grantee and ACI each certify that it has abided by aIl laws required of it to enter into this Agreement and that the appropriate person(s) have executed the Agreement on behalf of the Grantee and DCI as required by applicable articles, laws, by-laws, resolutions, ar ordinances. I13 WITNESS WHEREOF, the parties signify their agreement by signatures affixed below: SAINT PAUL POLICE DEPARTMENT 3ohn Hartington, Chief of Police Saint Paul Police Deparhnent Date ---�t---. � - � A§Sls�tt City �ey Date Director of Offace ofFinancial Services Date SOUTH DAKOTA DIVISION OF CRIMINAL INVESTIGATION State of$ouYh Dakota �� ����3 � Date �L �� Date -5- C��:b�:k /-� r � � Office of the fvssistant Attomey General August12,2003 Mr. Wiiliazn Finney Ciry of Sainc Paul IS West Kellogg Boutevazd Saint Pau1, MN 55102 Dear NSr. Finney: ti.5. Department of Justice Office ofJustice Proeruns Wm6irtgron,D.C. 10531 I am pleased to infoxm you that the Office of Justice Rograzns l�as approved the appLcahon for funding underthe FY 200i OJIDP Discretionary Conunualion Progrnms - Child Protection in the amount of $400,OOD for City of SainC Paul. Enclosed you vrill find [he Grant Award and SQecial Condiuons documents. This awazd is subject to alI administrative and financial requi�emenis, inctuding Che timely submission of all financial and progruncnatic reports, resolution of all mterim audit findings, and the maintenance of a minimum level of cash-oa-hand. Should you not adhere to these requirements, you will be in violation of the tem�s oFthis ageement and the award wiLl be subject to termina[ion for cause or other administtative action u appropriate. If you have qnestions regarding this award, please contact: - Program QuesROns, Chris Holioway, Progam Manager at (202) 305-9838; and - Financial Questions, the Office of tLe Comptroller, Customer Service Cenier (CSC) at (800) 458-0786, or you may contact the CSC at askoc@ojp.usdoj.gov. Congranilations, and we look forwazd m working wi[h you. Sincerely, IL�Q,o.<.�t�..-e_. Deborah 7. Daniels Assistant Attomey Genera] � Enclosures � I U.S.DEPARTMENTOFNSTICc . , j ^ OFfICEOPNSI?CEPROGRAMS PAGE 1 OF 3 , Office of Juvenile ' Cooperafive ,A � ` �_�^�' Jnstice and Delinqnency j � Prevention � 1. RECIP7ENTNAhff AND ADDRESS (Ivctudin� Zip Code) ! 4. AWAR➢ NUMBEA 2000.T.fCLX-K022 i Ci.yof5aiviPwi ` � liWecKdloggBOUlcvard �S.PROrC7PEAI0D.FROM OS/072000 TO I?!'1!_�004 � SamcYa¢I,MNSit02 . i BUCIGES'PF330D:FROM OS/�i2� TO 115I2W4 ` I6.AWARDDATE �B/S]I2W3 `].AC110N ,i �AGRANTEEIASNENDORNO. IB.SUPPLEMENTNUMHER ; Svpplemrntal ' 4Ib00551I , l j i I. ' �9PREVIOUSAWARIlAM0UN7 541�.501 3 �PRa��TnT�H � lO.AMOUNTOFTHISAWAAD FY20030JAPIhscrznonaryCanlim�suonPxogazu-Child � Pmtanan i 11.T07ALAWARD f !2. SPECIAL CASIDIIIONS THE ABOVE GRANT PROJECT IS APPROVED SUB1ECf TO SUCH CONDIIIONS OR LIA11"fATIONS AS ARE SET FORTH ON tHE A1]'ACHID i PAGE(Sj I 13 STATU70AY AUIHOAITY FOR GAANT '1'his pro�eM vs supponed vnder Coasolidared Appropnflnons Ruotmoq 20Q3 (Pu61ic Law IQS-]) 15. METHOD OF PAYM£NT PAPRS S 877,501 I 16 SYPED NAME AND TITLE �F APPROVING OlP �FFICIAL ' DebonhJ Denide _ � _" , Ass�smntA¢omcyGrnerat � GRANTEEACCEPTANCE � 18 TYPED NAME ANO i1TLE �F AU7HQRIZED GRANTEE OFF1C[AL Wiiliam Finney - ChidofPulice - I7 SIGNANRE OF APPROVING OJP OFF[C[AL �� �9 SI6NATURE OF AU7HORIZED RECSPIENI' OFFICIAL ! 14A. DATE � ! lY� � � i i AGENCY USE ONLY 20 ACCOUNTR3GCLASSIFICA7SON COD6S f 2l MCO3T00030 FISCAL F[JIiD BUD. DN. YEAR CODz ACT. QFC 2EG. SU9. ?OM$ qMOVNSI X C MC ]D 00 00 400000 j � OlPFORMMOOR(REV 5-BJ)PAEVIWSEDtT10N5AREOHSaLElE. OIP FORM n0002 (REV. a-88) 5 400,060 � 05�� - I - �. -��= _�� � .�� : U5. DEPARTMENTOFNST[CE OFFSCE OF NS7ICE °ROGRA.�SS Office of Juvenile . Justice and Delinquency ; Prevention PROTECTidUMBER 2000.MGCX-K022 aw� co��vunTionT SHEET Cooperarive Agreement AWARDDATE 08/122003 SPECIAL CONDITIONS PAGE 2 OF i 1. The recipient a,gees to comply with the financial and adrtunis¢ative requirements set forth in the cuaent editron of the Office of 7�stice Programs (OSP) Financial Guide. 2. The recipient acknowiedges that failure to submit an acceptable Equal Employment Opportwiity Plan (if recipient is required to submit one pursuant w 28 CF.R. Section 42302), ffiat is approved by [he Office for Civil Rghts, is a viotation of its Certified Assurances and may result 3n suspension or temssnahon of funding, until such nme as the recSpient is ln compliance. 3. The rec3pient agrees to comply with the organi�aaonal audit requvements of OMB Cireulaz A-133, Audits of States, Local Govemments, and Non-Profit Organ'vations, as further described m the culrent edifion of the OlP Financial Guide, Chapter 19. 4. Prior co the expenditure of confidential fw�ds, t6e rec�pient and any subrecipients agree to sign a ce�rbfication mfficating that he or she has cead, unde�tands, and agrees to abide by all of the cond2ions pectaining to wnfidencial fvnd expenditures as set forth vi the OJP Financial Guide. 5. The recipient shall submit semiannual progress reports. Progress reports shall be submitted vrithm 30 days after the end of the reporting periods, which are Sune 30 and Decem6et 3 7, for the life of the award. These repotts will be subrstitted in an originai arid one copy, and mailed to Che same address indicated in the Special Condition regarding FinanciaiReporGS. 6. The recipient agrees [o submit quartedy financial reports on S[andard Form SF 269A. These reports will be submitted witt�in 45 days after the end of the calendar quarter, and a final report is due 120 days fotlowing the end of the award period. The repor[s shall be snbm�tted to the O�ce of Justice Progrnnu, Office of the Comptro➢er, Attn: Conaol Desk, Room 5303, 810 7th Street, N W., Was6ington, D.0 20531. 7. Approval of this award does not indicate approval of any consulfant rate in excess of $�50 per day. A detailed �usuficaROn must be submitted to and approved by the Office of JusIICe Pmgrams (OIP) program office prior to obligation or expendinue ofsuch funds. 8. The Roject Director and key progrem personnel designated in the application shall be replaced onty for compelling reasons arid with the concurrence of OSP. OJP will not unreasonably withhold concurrence. Ail succusors to key personnel must be approved, and such approval is contingent upon submission of appropriate infonnarion, including, but not (imi[ed tq a resume. Change5 in other program personriel require onty notification to OIP and submission of resumes, unless otherwise designated in the award document. 9. The recipient agrees to comply with d�e 3CAC Task Force Program Standards as estab7ished by the ICAC Task Force Advisory Board and approved by 077DP. 10. The recipieM agrees to fanvard reports of ICAC Task Force Prograrn Monffi}y PerFormance Measures to the �SIDP-dcei�at� site. OJPFOAM40002(REV 4$8) D5�6� _ �-=o: <,,. �.,, US. DFPARTMENTOFNSn .� ot'�ceoFrom�rxocx.v.is ! Office of Juvenile j Justice and Delinquency ' Prevention � PROIECTNUhIDER 2000-MGCX-K022 AWARD CONTII�`UATION SI3EET Cooperafive Aa eement AWARDDATE O8/I111o03 N � PAG'c 3 OF 3 SPECIAL CONDITTONS I I. T6e Office of Juvenile Jus4ce and Delinquency Prevention has elected to enter into a Coopenrive Agreement nther than a grant with the recipient This decision reflects the mutual in[erest of the recipirnt and 07JDP in the opemuon of �he project az well u the anticipa[ed level of Federal involvemenc in this projecG OJ7DP's participatory rde m the project is as follows: a. Review and approve major work plans, including changes to such plans, and key decisions perlaining to project operations. _ b. Review and approve major project generated documents and materials used in the provision of pro�ect serv�ces. Provide gvidance in significant projecC planning meetings, and paznapate in project sponsored trauung events or conferences. 32. The grantee agxees to designate one policy andlor command leve} �ndrvidua] as the regiona] task force representative to the ICAC Task Force Board. 7his Dwignation must be in wrifing and foiwarded ro OT.�DP for review and approval within ninety days of award. _ tl OIP FORM 4000/2 (REV 488) � i � LX���;�" L Saint Paul Police ICAC Task Force (Intemet Crimes Against Children) Policy Statement Policy Purpose: The purpose of this policy is to establish responsibilities and guidelines regarding the St. Paul Police Depaztments response to reports of exploitaxion of children, and the possession and distribution of child pornography using computers. Policy Statement: It shall be the policy of the St. Paul Police Department to adhere to strict guidel9nes with respect to invesrigafions of computer related child exploitation. The standards adopted putsuant to this policy mirror those prescribed by Office of 7uvenile Justice and Delinquency Prevent3ons's (OJJDP) Internet Crimes Aga3nst Children (ICAC) Task Forces, and ensure compfiance with those protocols accepted by the Federal Bureau of Investigations (FBI�, U.S. Customs, and the U.S. Postai Inspector's Office. De�nitions: 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 reactive invesri ae tion involves the investigation and prosecution of a known target(s), and where the need to proceed with the investigation is urgent. It also includes a response within the community or area of jurisdiction to a specific compiain brought to the departments attention by another law enforcement agency, a reputable source of infozmation such as the Cyber-Tipline at the National Center for Missing & Expioated Children or a large Internet Service Provider. The department must also respond to complaints made by citizens, schools, libraries, or businesses who believe illegal material has been transmitted or potenrially dangerous situations, such as child lure attempts have been communicated through the Internet. The term Internet Crimes Against Children (ICAC) includes both proacfive and reactive investigative activities as outlined above. is .- An investigafion is deemed to be urgent when there is a reasonable belief that the tazget presents an imminent threat to the well being of another person. o5-�a. Procedures: Work space and Equipment Internet Crimes Against Children (ICAC) computers and softwate shall be reserved for the exclusive use by department designated ICAC personnel. Rlhen possible, undercover computers, softwaze, and online accounts shall be purchased covertly. No personally owned equipment shall be used in ICAC investigations and all software shall be properly acquired and licensed. All ICA C online investigations shall be conducted in govemment work spaca as designated bp the depariment Care Predication and Prioritization Cases may be izutiated by referrals from the CyberTipline, Internet Service 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 soutce acceptable under current department policy. ICAC Supervisors aze responsible for deterniining investigative priorities and selecting cases for investigation. Assutning the information is deemed credible, that determination shouid begin with an assessment of victim risk and then consider other factors such as jurisdiction and Irnown offender behavioral characteristics. The following prioritization scale was established by the ICAC Task Force Review Board and will apply to the assignment of cases within the department: l. A child is at immediate risk of victunization; 2. A child is vulnerable to victimization by a Imown offender; 3. Known suspect is aggxessively soliciting a child(ren); 4. Traders of images that appeaz to be home photography with domiciled childran; 5. Aggressive, high volume child pornography traders who either are commercial distributors, repeat offenders, or specialized in sadistic images; 6. Traders and solicitors involved an high-volume tr�cking or belong to an organized child pomography ring that operates as operates as a criminal conspiracy; 7. Tzaders in previously lmown images; 8. Traders in digitally altered images. Record Keeping ICAC investigative nnits shall be subject to the existing agency incident reporting procedure and case supervision systems. Investigators will obtain a case number at the outset of each case and fizlly document Yheir activities tluough the completion of iniiial ans supplemental reports. Reports will be completed and reviewed by a supervisor in a timely fashion. Investigarion and o5�h� case management activities will occur in accordance with exisfing departmental policies and procedures. Closeout reports with indicate the maw�er in which a case has been resolved with copies forwarded to the prosecutor's offiee andlor the law enforcement agency continuing the invesrigation when applicable. 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 documented properly, collect virtually unassailable evidence regarding a suspecY s predilection to sexually exploit children. However, these investigations can irigger serious legal and ethical considerations because of concem that inappropriate govemment conduct may induce an otherwise innocent citizen into committing a crune. P.11 investigations shall be conducted in a manner consistent wiffi the principles of due process. Task Force investigators shall avoid unlawfixl 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 fauness as desczibed an appiicable case law. Officers should always be aware that their actions, in addition to those of the offendez, may be at issue in deciding if charges aze broug�t, whether referrals to other law enforcement agencies aze acted upon, and in determ;ning the guilt ar innocence of the offender at trial. Therefore, it is critical that this task force work closely with local prosecutors when investigatang ICAC offenses. Accordingly, the following minimum standards apply to vndercover investigations by the task force: a) Only swom on-duty ICAC Task Force personnel shall conduct ICAC investigations in an undercover capacity. Private 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 Farce personnel shall not, under any circumstances, upload, transmit, or forward pornographic or sexually explicit images. c) Other than photogzaphs 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. d) Other than authorized above, irriages considered for uploading shall be approved by the ICAC Task Porce Project Director and reviewed by a local prosecutor. Images uploaded for investigafive purposes shall be nonhuman and encrypted. Sexually suggestive titles shall not be used. 05 �a, e) During online dialogue, undercover officers should allow the investigative target w set the tone, pace, and subject matter of the online conversation. Image uploading shall be_initiated by the tatget. Evidence Procedures All undercovez online activity shall be recorded and documented. Any deviation5 from this policy due to unusual circumstances, sha11 be documented in the relevant case file and reviewed by the ICAC Task �orce Commander. The storage, security, and destruction of investigative information sha)1 be consistent with agency policy. At a mniiinum, information should be maintained in locked cabinets and under the control of TCAC Task Force pezsonnel. Access to these files shouid be restricted to authorized personnel with a legitimate need to lrnow. Task Force supervisors should ensure that forensic examinations of computers and related evidence are conducted by qualified personnel that have received specific training in computer forensics. Informafion Sharing Conventional boundaries are virhlally 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 o£ICAC Task Forces targeting one another, investigating the same subject, or inadvertently disrupting an ongoing investigation. To foster coordination, collaboration, and comxnunication, OJ7DP requires that each ICAC Task Force contribute basic case information to a common database. Federal Guidelines have been established through the Deparnnent of 3ustice's ICAC Task Force 7nformation Sharing Working Group. The OJJDP Task Force Review Board reviewed, modified, and adopted the below information shariug system and procedures. The St. Paul Task Force will comply with these guidelines. Task Force investigators sha11 contribute basic and case update infor.natiott on all cases (local, interstate, reactive and proactive) to the Case Deconfliction System maintained through the Law Enforcement Aata Exchange (LED�. 2. Basic case information shall include, but is not 1'united to: a) Submatting Task Force b) Person submitting information c) Telephone number for verification purposes d) Date of submission e) Brief synopsis of investigation � Offender screen name(s) g) Identifiers {iJELL, FTP, Newsgroup, IP Address) • „. h) True name of suspect (if l�own) i) Other suspect information (if known) j) Undercover officer screen name(s) Case update infozmation shall inciude, but is not limited to: a) Submitting Task Force b) Person submitting infozmation a) Teiephone number for verification purposes d) Date of submission e) Date invesfigation initiated fl Identity of subject(s) including address, date of birth, social security number, address (when available) g) Criminal proceedings (e.g., anest, indictment, search warrant, conviction, etc.) h) Sentencing information (when available) 4. Each investigator working with the ICAC task force will sign up for access to LEDX via theiz website. Information on how to gain access will be provided by the unit commauder. 5. Each investigator shall query LEDX once they have estabiished an investigative interest. For the purposes of the ICAC Task Force Progam, an invesfigative intezest is established when there is reasonable suspicion that a crime has occurred or there is a reason to believe that a screen name or other potentially identifiable entity has engaged in a sequence of acti�zties that is likely to lead to the sexual exploitafion of a child.�Assuming no other acfive investigations are discovered and that reasonable suspicion is present to uutiate an investigation, the agency will submit case information to LEDX. Each Task Force should submit ttvs information within 24 hours of uutiating the case or as soon thereafter as possible. 6. If any duplication is found, the uutiating investigator is responsible for contacting the other law enforcement agency. Additionally, initiating investigators should also contact the U.S. Customs Cyber Smuggling Center (703-293-8005) to ensure there is no dupiication with regard to their ongoing investigations. Sunilazly, once an offender has been identified and associated with a known address, contact should be made with the U.5. Postal Inspector responsible for claild sexual exploitation offenses where the offender resides. 05-�a Snpervision Bxisting departmental supervisory systems and procedures shall apply, with specific emphasis on observation, documentation, and periodic evaluation of cases assigned to undercover invesligators. Written directives will reflect the principles of quality case management and ensure that ICAC Task Force activities comply with both agency and ICAC Task Force Standards. 2. At a m;n;mum, management or supervisory policies and practices sba11 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 While existing agettcy personnel procedures apply, managers and supervisors should evaluate prospective ICAC Task Force candidates for wark 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 regarding child exploitation issues, and be familiaz with Federal and State statutory and case law pertaining to ICAC investigations. Prevenfion and Educafion Activities Prevention education activities are a critical component of the St Paul Police TCAC Task Force Pro�am. Supervisors and invesfigators aze expected to develop and lead prevenfion programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, and other individuals concerned about child safety issaes. However, fhese presentations shall not depict identifiabie victuns nor shall they use pornograghic or sexually explicit images. Presenters shall not discuss investigative techniques. Media Relations and Releases Copies of inedia releases related to this initiative will be forwarded through the ICAC Unit Comsnandei to flie Public Information Of6ce far dissemination. Copies of radio or video segnents and press clippings will be used to promote and sustain public support for ICAC activities and circu2ated within the Review Boazd. Media releases relating to prosecutions, erime alerts or other matters conceming ICAC Task Force operations shall not include information regarding specific investigalive techniques os-�a and should be coordinated (when applicable) with other Task Force participants, Federallaw enforcement agencies, and State and local aaencies involved in the investigation cons%stent with sound information management and media relations practices. In each case, copies should be provided to O7JDP in a timely mauner. a5-�� l� x l� : b; �'� ICAC PROGRAM OPERATIONAL � 1 INVESTIGATIVE STANDARDS INDEX o5-6a INDEX Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1 Case Management . . . . . . . . . . . . . . . . . . . . . . . . . Pages 2 — 6 A. Workspace and Equipment Page 2 B. Case Predication and Prioritization Page 3 C. Record Keeping Page 4 D. Undercover Investigations Page 5 E. Evidence Procedures Page 6 Information Sharing . . . . . . . . . . . . . . . . . . . . . . . Page 7 Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8 Selection of TCAC Task Force Personnel ....... Page 9 Community Education and Crime Prevention Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 10 Media Relations and Releases . . . . . . . . . . . . . . . . Page � 1 ICAC Program Operational and Irrvestigative Standards �S-loa, Effective Date: 3108l02 Subject Pa e 1 of 1 Definitions As used herein, the following definition shall apply: "OJ7DP" is the Office of Juvenile 7ustice and Delinquency Prevention. "NCMEC" is the National Center for Missing and Exploited Children. "CEOS" is the Child Exploitation and Obscenity Section of the United States Attorney's Office, of the Department of Justice. "ICAC" is the Internet Crimes Against Children program composed of Regional Task Forces and Satellites. "REGIONAL TASK FORCE" is defined as an ICAC law enforcement agency designated by OJJDP to act as a Regional Task Force. "SATELLITE" is defined as a law enforcement agency that was selected to receive an O7JDP 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. Investigative interest is estabiished when there is reasonable suspicion that a screen name or other potentially identifiable entity has committed a crime or that entity is engaged in a sequence of activities that is likely to result in the commission of a erime. 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 reactive investigation involves the investigation of a complaint of a crime. Reasonab7e suspicion is established when sufficient facts exist to lead a law enforcement officer to believe that an individual or organization is invoived in a definable criminal activity. ICAC Program Operational and Investigative Standards -1- Q5-�� A. Workspace and Equipment i. ICAC computers and software shall be reserved far the exclusive use by agency designated ICAC personnei. When possible, undercover computers, soflwaze, and online accounts shall be purchased covertly. No personaliy owned equipment shall be used in ICAC investigations and all softwaze shall be properly acquired and licensed. 2. ICAC personnel shall not use ICAC computers, software or online accounts for personal use. Absent exigent or unforeseen circumstances, all ICAC online investigations 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 Standards -2- 05-�0'� B. Case Predication and Prioritization 1. Cases may be uutiated by referrals from the CyberTipline, Internet service providers, or other law enforcement agencies, and by informarion 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 anvestigative 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 characteristics. The following prioritization scale shall be considered: a) A child is at immediate risk of vicrimization b) A child is vtilnerable to victimization by a known offender c) A known 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-volume child pomography manufacturers or distributors who either are commercial distributors, repeat offenders, or specialize in sadistic images fl Manufacturers, distributors and solicitors involved in high- volume trafficking or belong to an organized child pornography ring that operates as a criminal conspiracy g) Distributors, solicitors and possessors of images of child pornography h) Any other form of child victimization. ICAC Pragram Operational and Investigative Standards -3- b5-�� C. Record Keeping ICAC units shali be subject to existing agency incident reporting procedures and case supervision systems. At a minunum, a unique identifier shali be assigned to each ICAC case. 2. Participating agencies will report program 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-annual progress report required by the Office of 7ustice Program's Financial Guide. ICAC Program Operational and Investigative Standards -4- d5-�ea.. D. Undercover Investigations 1. Cazefuliy managed undercover operations conducted by well-trained officers are among the most effective techniques available to law enforcement for addressing ICAC offenses. Undercover operations, when executed and documented properly, collect virtually unassailable evidence regarding a suspect's predilecfion to explait children. 2. Investigators will be supplied with appropriate training and receive a copy of the ICAC Operationai and Investigative Standards 3. ICAC invesfigations shali be conducted in a manner consistent with the principles 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 Cir1973); 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 to work in conjunction with their local prosecutors. 4. The following minimum standards apply to ICAC investigations: a) Only swom, on-duty ICAC personnel shall conduct ICAC investigations in an undercover capacity. Private citizens shall not be asked to seek out investigative tazgets, nor shall 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 images. c) Other than photographs of law enforcemenf officers who have provided their informed written consent, no actual human images shali be uploaded, uansmitted, or forwarded by ICAC personnel. d) During online dialoa e, undercover officers should allow the investigafive target to set the tone, pace, and subject matter of the oniine conversation. Image transfer shall be initiated by the t3Tg0t. ICAC Program Operational and Investigative Standards -5- OS-�a e) Undercover online acrivity shall be recozded and documented. Any departures from flus policy due to unusual circumstances shall be documented in the relevant case file and reviewed by an ICAC supervisor. E. Evidence Procedures I. The storage, security, and destrucfion of investigative information shall be consistent with agency policy. Access to these files should be restricted to authorized personnel. 2. ICAC supervisors should ensure that qualified personnel conduct forensic e�minations of computers and related evidence. a. Child pornography is contraband and should be maintained pursuant to each agency's policies regazding 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 to another law enforcement agency, such evidence must be hand-delivered, digitally protected or sent via a delivery service which lracks the shipment. ICAC Program Operational and Investigatzve Standards � QS-b� 1. Conventional boundaries aze virivally meaningless in the electronic world of the Internet and the usual constraints of time, place, and distance lose their relevance. These factors increase the possibiliry of ICAC agencies targeting one another, investigating the same subject, or inadvertently disrupting an ongoing investigation. To foster coordination, collaboration, and communication, each ICAC agency must contribute basic case informauon to a common database. 2. Each ICAC agency shali contribute case information on a11 active investigations (local, interstate, reactive and proactive) to a common database as designated by the ICAC Boazd of Directors. This information should be submitted at the earliest pracrical opporhnaity. 3. ff any common target is identified, the iniriating ICAC agency is responsible for contacting the other law enforcement agency targeting the suspect. 4. Initiaring ICAC agencies should also consider contacting other local, state, and federal agencies which may be involved in sunilar investigations. ICAC Progr�am Operational and Investigative Standards -7- 05--�0� l. Each ICAC agency shail have supervisory systems and procedures, which shali provide for observation, documentation, and periodic review of ICAC activiry. Such system should comply with the principles of quality case management and ensure that ICAC activities comply with both agency and ICAC Standards. 2. ICAC agencies may submit any proposed operations to the Board for review. To assist the Boazd in its review, the proposals shaJl 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: a) goals and objectives of the operation; b) personnel assigned andlor responsible for investigation; c) duration of operation, i.e., projected start and stop dates; d) offenses targeted for investigation; e) investigative targets and limitation on government contact; fl operation scenario and techniques (language far contact letters and advertisements must be included with proposal); g) liaison andfor case referral procedures with Federal law enforcement agencies (include the names of Federal agents when known) and; h) other relevant information The Board, at its discretion, may suggest amendments to the original proposal following consultation with the presenting agency. Notice of the results of the review of investigative proposais from satellites will be communicated to the sateilite representatives by the Board Chair. 4. The ICAC submitting the proposal for review may seek the support of the Boazd. ICAC Program Operational and Irrvestigative Standards � a5-�� Effective Date: 3108J02 Subject: Page 1 of i Selection of ICAC Task Force Personnel Managers and supervisors should evali history that indicates prior investigative handle sensitive information prudently, children. ate prospective ICAC candidates for work experience, court testunony skills, ability to and a genuine interest in the protection of ICAC Program Operational and Investigative � • .. 1. Prevention education activities are a critical component of the OJJDP ICAC Program. ICAC agencies should foster awazeness and provide practical, relevant guidance to children, pazents, educators, librarians, and other individuals concerned about child safety issues. 2. Pxesentations to school staff, pazents, and community groups are excellent ways to promote awareness. These presentations shall not depict identifiable victims, not otherwise in the public domain; nor shall they use pornographic or sexually explicit images. Presenters shall not discuss co�dential investigative techniques. 3. No member of an ICAC Task Force may endorse any product or service without the express consent of an OJJDP Program Manager. While appearing at public presentations, ICAC members may uadicate a preference for a product or service, but to avoid an implicit endorsement, such ICAC members should indicate adequate alternatives. ICAC Program Operational and Investigative Standards -10- �+�� Effective Date: 3f08f02 Sub'ect: Page 1 of 1 Media Relations and Releases Media releases relating to prosecutions, crime alerts or other matters conceming ICAC operations sha11 not include information regarding confidential investigative techniques and should be coozdinated {when applicable) with other Task Force participants, Federallaw enforcement agencies, and State and 1oca1 agencies involved in the investigation consistent with sound information management and media relarions practices, ICAC Program Operational and bzvestigative -11-