05-62Council File #
RESOLUTION
� SAINT PAUL, MINNESOTA
Presented By:
Referred To:
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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.
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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 #
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Mayorfor��l�s� to
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207146
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Requested by Department of:
TMENT/OFFICE/COUNCIL
r
John Harrineton 266-5588
vaios GREEN SHEET
INITIAUOATE
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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 _
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�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:
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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
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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.
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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
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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
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Date
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Date
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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]
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Enclosures
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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� � �
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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
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OlPFORMMOOR(REV 5-BJ)PAEVIWSEDtT10N5AREOHSaLElE.
OIP FORM n0002 (REV. a-88)
5 400,060
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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)
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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
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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)
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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