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05-779Council File #� Presented By: RESOLUTION OF S�1INT PAUL, MINNESOTA Green Sheet # Referred To: Committee:Date: os - ��9 3027565 �S 1 RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the 2 attached agreement with Rice County for participation in the Internet Crimes Against Children 3 Task Force. A copy of said agreement is to be kept on £ile in the Office of Financial Services. 4 5 6 7 8 9 10 11 12 13 - 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 By: Adopted by Council:Date: ,�uc�us a�-f�aOOS Adoption Certified by Council Secretary: By: Approved B � � r:Date: "� (e9��!/�.�.(�+ � Police �Lr�f� a �pro Mayor for / �.�� By: For p roved by City Attorney: . / 05- ��9 C� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUoffice/council: Da[e Initiated: Po -po�,�e�,��t oz-A�GOS Green Sheet NO: 3027565 Contact Person & Phone: Deoartrnerrt Sent To Person Initial/Date Chief JOhn HaRingtOn 0 olim De n� P lice arhnent 2665588 q�j 1 olice De ar6nent De ar[ment DireMOr Must Be on Council Agenda by {Date): Num6er Z inan iat Services Fnancial rvi For � RoUting 3 i Attorne Ci Attome Ofder 4 a or's Office Ma o/A sistant 5 oancil Council 6 i lerk i erk " " 7 olite De artm nt Police De artment ToWI # of Signature Pages _(Clip All Locations for Signature) Adion Requested; Approval of the attached councii resolution authorizing a memorandum of understanding with Rice County to actively participate with the Intemet Crimes Against Children (ICAC) Task Force of the St. Paul Police Department under a gant from the U.S. Department of Justice. - ' Recommendafions: Approve (A) or Rejed (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not rrormally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The ICAC Task Force mission is to work as a multi jurisdictional operarion that investigates crimes involving child pomography, exploitation of children online, educates law enforcement on investigative techniques/legal issues involving seazch wanants and seizure of evidence, and develops/institutes a public awazeness program to help pazents and children have positive experiencesonline. The attached agreement is required for Rice County to participate in the ICAC Task Force. AdvantageslfApproved: Expansion of the ICAC Task Force to Rice County. RE�ElVED DisadvantageslfApproved: None. MAYOR'S OFFICE Disadvantages If Not Approved: The work of the ICAC Task Force will be substantially hindered as work with other agencies is an integral part of the original grant application. Total Amount of P �� ��\! r Trensaction: � CosURevenue Budgeted: ��! !B 6� Fundinq Source: Federal Grant Activitv Number: 34056 r Financial Information: �}� [�£�F°�q � Q�17 I Q 2��5 (Explain) " AUG 15 2005 � 1�� ���o F� N E�° os- � �9 Minnesota Internet Crimes Against Children Task Force Multi-Agency Law Enforcement Agreement This Multi-Agency Law Enforcement Agreement, and amendments and supplements thereto, (hereinafter "AgreemenY') is between the City of Saint Paul, acting through its Police Department (Grantee) and Rice County, Minnesota, acting through its Sheriffs Deparhnent, 118 NW Third Street, Faribault, MN 55021 (hereinafter "Undersigned Law Enforcement Agency") both which aze empowered to enter into joint powers agreements pursuant to Minn. Stat. § 471.59, Subd. 10 & 12, and is further empowered to enter into this Ab eement by Minn. Stat. § 626.76; and Whereas, the above subscribed parties have joined together in a multi-agency task force intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and Whereas, the undersigned agencies agree to utilize applicable state and federallaws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibit A) disbursed by the Office of Juvenile Just and Delinquency Prevention ("OJJDP") in Washina on, 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 enforcement as a result of such investigations; and Whereas, the OJJDP Internet Crimes Against Children ("ICAC") a Board of Directors has been established representing each of the existing ICAC Task Forces to oversee the operation of the grant and sub-grant recipients. Now Therefore, the parties agree as follows: 1. The Undersigned Law Enforcement Agency approves, authorizes, and enters into this Memorandum of Understanding with the purpose of implementing a three-pronged approach to combat Internet Crimes Against Children: prevention, education and enforcement; and The Undersigned Law Enforcement Agency shall adhere to the OJJDP ICAC Task Farce Program Standards, in addition to state federal laws, when conducting undercover operations relative to ICAC; and os- ��9 3. The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force Policy Statement (attached to this Agreement as E�ibit B); and 4. All officers contributed by the Undersigned Law Enforcement Agency to the Minnesota ICAC Task Force shall be licensed peace officers or found by the Minnesota Board of Peace Officer Standards and Training to have comparable qualifications; and s. When a contributed officer of the Undersigned Law Enforcement Agency acts on the behalf of the Minnesota ICAC task Force within the scope of this Agreement, the officer's actions are within the officer's line of duty and course of employment to the same extent as if the officer had acted on behalf of the officer's employing Agency; and 6. The Undersigned Law Enforcement Agency shall indemnify, save and hold hannless the Grantee, its representatives and employees from any and all claims or causes of action, including all reasonable attorney's fees incurred by the Grantee, arising from the performance of this Agreement by the Undersigned Law Enforcement Agency's officerJs/; and z All members of the Undersigned Law Enforcement Agency shall continue to be employed by the same Law Enforcement Agency employer which they were employed before joining the Minnesota ICAC Task Force and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer fringe benefits; and s. The Undersigned Law Enfarcement Agency shall submit all requests for undercover ICAC related operations in writing to the Commander of the Minnesota ICAC Task Force for presentation to the OJJDP ICAC Task Force Board of Directors; and 9. The Undersigned Law Enforcement Agency must first submit a written request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and 2 05 - � �9 io. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests; and i i. The Undersigned Law Enforcement Agency shall maintain accurate records 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 purposes; and i2. The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP; and i3. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order to share :n.o� and resources amongst the multiple entities; and ia. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information relative to investigative targets to the Child Pornography Pointer System (CPPS) pursuant to the OJJDP guidelines; and is. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force Commander in a timely manner all investigative equipment acquired through grant funding as a result of this Agreement in the event that: future federal funding is no longer available, the Agency decides to dissolve its binding relationship with the Minnesota ICAC Task Force and the Saint Paul Police Department, or the Agency breaches the Agreement. o�- ��9 Terms of this agreement: This ageement shall be effective upon signatures. Nothing in this agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Agency. John M. Harrington, Chief of Saint aul Po � e Department Bv and Title A enc have executed the Aereement on behalf of the A�encv and its iurisdictional ¢overnment ent� as required bv applicable articles laws b-laws resoluti ns, or ordinances. r 0 � � v� : � T �r- ps_ �79 ICAC PROC'RAM OPERATIONAL AND INVESTIGATNE STANDARDS c55— ��9 fNDEX 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 � E. Evidence Procedures Page 6 Information Sharing . . . . . . . . . . . . . . . . . . . . . . . Page 7 Supervision .............................. Page8 Selection of ICAC Task Force Personnel ....... Page 9 Gorn�unity Education and Preventia� Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 10 Me�ia Relatiens znd Releases . . . . . . . . . . . . . . . . Page 11 ICAC Program Operational and Imestigative Standards oS- ��9 Date: 3/08/02 Defininons 1 OI As used herein, the following definition shall apply: "OJJDP" is the Office of Juvenile Justice 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 Depariment of J,istice. "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 OJJDP grant to establish a satellite program. -- - — -- - - For the purposes of this program, cri»ie is defined as any offense that involves the exploitation of children facilitated by technology. Investigative interest is estabIished when there is reasonable suspicior_ that a screen name or other potenfially 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 crime. 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 s aQnificant degree of pre-operative planning. A reacfive investigation involves the investigation of a compiaint of a crime. Reasonable suspicion is estabiished when sufficient facts exist to lead a law enforcement officer to believe that an indiv;dua7 or organization is ^vo?ved ir. z definable criminal activity. ICf1C Prog,-am Operatioral and Investigative Standards -1- os= ��9 Effecfive 3i08/0� Woricspace and Case b A. Workspace and Equipment ICAC computers and sofiware sha11 be reserved far the exclusive use by agency desib ated ICAC personnel. When possible, undercover computers, softwaze, and online accounts shall be purchased covertly. No personally owned equipment shall be used in ICAC investigafions and all software shall be properly acquired and licensed. 2. ICAC personnel sha11 not use ICAC computers, softwaze or online accounts for personal use. 3. Absent exigenf or unforeseen circumstances, a11 ICAC online invesfigafions shall be conducted in government workspace as designated by the agency. Fx_cept�ns mus! be app:cved in adv�7ce by an IGAC - - -- - - - - - -- - -- - _ ICAC Progr-am Cperationai and Investigative Standards -2- os- ��9 3/08/02 �zte: Case Predication and Prioritization j Page 1 of 1 Case Management B. Case Predication and Prioritization 1. Cases may be uririated by refenals from the CyberTipline, Intemet service providers, or other law enforcement agencies, and by information gathered through subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, or by any other source acceptable under agency policies. 2. ICAC supervisors aze responsible for deternuning investigative priorities and selecting cases for investigation. Assuxning the information is deemed credible, that deternunation should begin with 3.^ 25SPSS.^.:�^� Of T.�1C��:.^.1 71SIC niiu u�'l ccasider oiher iactors sucn as - juri`sdicfion an� kriowri o�fender behavioral characteristics The --- --- following prioritizafion scale shall be considered: a) A child is af immeciiate risk of vicfimization b) A chiId is vulnerable 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 2j Aggressive, high-volume chiid pornography 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 consp'�racy g) Distributors, solicitors and possessors of images of child pornography h) Any other form of child victimization. ICAC Program Operationa7 and invesrigative -3- os ��9 Effective Date: �ios�o� Case C. Record Keeping 1 1. ICAC units sha11 be subject to e�sting agency incidenf reporting procedures and case supervision systems. At a minimum, a unique identifier shall 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 Justice Program's Financaal Guide. ICAC Program Operational and investigative Standards -4- os- ��� Effecfive Date: 3/08/02 Undercover Investigat Case Mana D. Undercover Invesfigafions 1 1. Cazefully managed undercover operations conducted by well-trained officers aze aznong the most effective techniques available to law enforcement for addressing ICAC offenses. Undercover operations, when executed and documented properly, collect virtuaily unassailable evidence regarding a suspecYs predilection to exploit children. 2. Investigators will be supplied with appropriate training and receive a copy of the ICAC Operational and Investigative Standards 3. ICAC investigations shall be conducted in a manner consistent with the principles of law and due process. See, for example, .Iacobson v. U.S., 503 U.S. 540 (1992)� U.S. v. Archer, 486 F.2d (2" Cu.1973); U.S. v. Gamache 156 F. 3d 1(1 Cir. 1998); U.S. v. Pnehl,,,a„ ?i � p, 3d � work iri conjunction with their local prosecutors. 4. The following minimum standazds apply to ICAC investigations: a) On1y swom, on-duty ICAC personnel shall conduct ICAC investigations in an undercover capacity. Private citizens shall not be asked to seek out invesrgative ±�.rgets, r.or s::atl :hey be authorized to act as police agents in an online undercover capacity. b) ICAC personnel shall not, electronically upload, transmit, or forward pornographic or sexually explicit images. c) Other than photographs oi law enforcexnent officers who have provided their informed written consent, no actual human images shall be uploaded, transmitted, or forwazded by ICAC personnel. uj iuiiZl� Oi�iiic t'i1210�i1E� iIR(ICICOVeI OII1CeLS SllOU'LC� 3110W tllC investigative *arget to set the tone, pace, and subject matter of the online conversation. Image transfer shall be initiated by the target. ICAC Program Operaiional and Investigative Standards -S- DS- �?'� e) Undercover onune activity sha11 be recorded and documented. Any departures from this policy due te unusuai circums*ances shall be doc7;mente3 in the relevani case fiie and reviewed 'by an ICAC supervisor. E. Evidence Procedures I. The storage, security, and destruction of investigative information shall be consistent �rith agency policy. Access to these files should be restricted to authorized personnel. 2. ICAC supervisors should ensure that oualified rergpnnal ��n�,,, #'ore�sic — -- - --- - - - ---- ----- exanunations of computers and related evidence. a. Child pornography is contraband and should be maintained pursuant to eack agency's pol:cies reg�ding such. Absent a court order specifically ordering othercvise, 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 tracks the shipment. ICAC Program C'iperationai and investigative Standards -6- 05- ��9 Effective Date: 3/08/02 Jubiect: Infarmation 1 of 1 1. Conventional boundazies aze virhially meaningless in the elecironic world of the Internet and the usual constraints of time, place, and distance lose their relevance. These factors incxease the possibility of ICAC agencies targeting one another, investigafing the same subject, or inadvertently disrupting an ongoing investigalion. To foster coordination, collaboration, and communication, each ICAC agency must contribute basic case informarion to a common database. 2. Each ICAC agency shall conixibute case informafion on all active investigations (local, interstate, reactive and proactive) to a common database as designated by the ICAC Boazd of Directors. This infozxnation should be submitted at the earliest practical opporhuiity. 3. If any common target is identified, the initiating ICAC agency is responsibi_e --for- cantaet�ng-the-other law enforcement�gencq suspe�� - - - — 4. Initiating ICAC agencies should also consider contacting other local, state, and federal agencies which may be involved in similaz investigations. ICliCProgram Operational and[nvestigative Standards -7- os- ��9 Each ICAC agency shall have supervisory systems and procedures, which shall provide far observafion, documentation, and periodic review of ICAC activity. 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 subxuit any proposed operations to the Boazd for review. To assist the Boazd in its review, the proposals shall be submitted to the Boazd 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 and/or responsible for investigation; c) duration of operation, i.e., projected start and stop dates; d) offenses targeted for investigation; e - -investi ative-tar- ets-and-linritation-on - - - _ _ ) g g govermnent ---- - fl operation scenario and techniques (language for contact letters and advertisements must be included with proposal); g) liaison and/or case refer.al procedures with Federal law enforcement agencies (include the names cf Fe3eral agents �ahen known} and; h) other relevant information 3. The Boazd, at its discretion, may suggest amendments to the originai proposal following consultation with the presenting ageacy, Notice ef the res•,:1's of the review of investigative proposals from satellites will be communicated to the satelIite representatives by the Boazd Chair. 4. The iCAC submitting the proposal far review may seek the support of the Boazd. IC�iC Frogram Operationa( anci Investigative Standards � � ,7y E£fective Date: 3/08/02 � � � Page I of 1 Selection of ICAC Task Force Personnel Managers and supervisors should evaluate prospective ICAC candidates for work history that indicates prior investigative experience, court testunony skills, ability to handle sensitive information pmdently, and a genuine interest in the protection of children. ICAC Program Operaiional and fnvestigative Standards � �-� 9 � Yage 1 of 1 C�mmunity Educaiion and Crzme Preve�tao� Aetivi�:es 1- Prevention education acrivities aze a criticai component of the OJJDP ICAC Program. ICAC agencies should foster awazeness and provide practical, relevant guidance to chiidren, parents, educators, librarians, and other individuals concerned about child safety issues. 2. Presentations to school staff, parents, and community groups are excellent ways to promote awareness. These presentations shall not depict identifiable victims, not othercvise in the public domain; nor shall they use pornographic or sexuaily 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 appeazing at public presentations, ICAC memhers may indicate a preference for a product or service, but to avoid an implicit endorsement, such ICAC mgm should indicate adequate_alternatives: - - - - ICf!C Pragram G'peraticnal and Investigaiive Standards -10- 3/08/02 Date: Media Relations and Releases 1 of 1 Media releases relafing to prosecutions, crime alerts or other matters conceming ICAC operafions shail not include information regarding confidential investigative techniques and should be coordinated (when applicable) with other Task Force participants, Federal law enforcement agencies, and State and local agencies involved in the investigation consistent with sound information management and media relafions practices. ICfICProgs-am Ope•ra�'ional and Investigative Standards oS-ri9 -II- �' x t� . t�, �t' � �<<u� = Qu: � cuce ii.fi�: i asK Farce !T4.ts.=;e� Cru A=a'u:�L Cniiaen) peficy S;atement Poficy Purpose: The purpose of this policy is to estabIish responsibilifies and guidelines re�arding the St. Paul Police Depariments response to reports of exploitation of children, and the possession and distribution af child pornography using computers. Poiicy Statement: It shall be the policy of the St. Paul PoIice Department to adhere to sfrict guidelines with respect to investigations of computer related child exploitation. The standazds adopted pursuant to this poIicy mirror those prescribed by Office of Juvenile Justice and Delinquency Preveutions's (OJJDP) Internet Crixnes Against Children (TCAC) Task Forces, and ensure compliance with those protocols accepted by the Federal Bureau of Investigations (FBI), U.S. Customs, and the U.S. Postal Inspector's Office. Defsnitions: �'J -� j� A proactive investieation is desi�ed to identify, investigate and prosecute offenders, which may or may not involve a specific tazget, and requires online interaction and a significant degree of pre-operative plaunnig. A reactive investi�ation involves the investigation and prosecufion 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 complain brought to the departments attenfion by another la�v enferce�ent age:.cy, a rzpuiabie source oi information such as the Cyber-Tipline at the National Center for Missing & Expioited Children or a lazge Internet Service Provider. The department must also respond to complaints nzade by citizens, schools, libraries, or businesses who beIieve illegal material has been transmitted or potentiaily dangerous situations, snch as child lure attempts have been communicat��i rhr�„gh +t,� T��P�- The ternl_Intemet-Grunes Aeainst Children (ICAC) includes both proacfive arid reactive investigarive activities as ouflined above. As investiga±ion is deeraed tc he argeni when there is a reasonable belief that the tazget presents an u..xr.:nent threat io the well being of another person. a5 �� q Procedures: �� �rh space and EYUipmeni Intemet Crimes AQains; Chiid�e;� (I�AC� computers and softwaze shau be reserved for the exclusive t:se by depar�nent designated Tt=.AC personnel. When possible, undercover computers, softwaze, and online accounts shall be purchased covertly. No personally owned equipment shalI be used in ICAC invesfigafions and all softwaze shall be properly acquired and licensed. All ICAC online investigafions shall be conducted in govemment work space as designafed by fhe departinent. Care Predicafioa and Prioritizafion Cases may be initiated by referrals from the CyberTipline, Internef Service Prodiders, or other law enforcement agencies, and by informafion gathered fhrough subjecf interviews, documented public sources, direct observations or suspicious behavior, public complaints, or by any other source acceptable under current department policy. � ICAC Supervisors aze responsible for determining invesfigative priorifies and selecting cases for invesfigation. Assumiug the infornation is deemed credible, that determination sho�:id begir. w:u, �� asse�sment oi vicum risic and then consideLnthe�facto.r , .w _ _ --- -- —. ssuch-as-- junsdicUOri and known 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 depar�nent: 1. A child is at immediate risk of victimizafion; 2. A child is vulnerable to victnnization by a known offender; 3. Known suspect is aggressively soIiciting a child(ren); 4. Traders of images that appeaz to be home photography with domiciled c�l�*en; 5. Aggressive, high volume child pornography traders who either are commerciai distributors, repeat offenders, or specialized in sadistic images; 5. Traders and solicitors involved in high-volume trafficking or belong to an organized chiid po*_nography ri�g ;hat operates as operates as a criminal cvr�piracy; 7. Traders in previously l�own unages; 8_ Traders in digitally aitered images. icecord �eeping ICAC investigative units shall be subject to the existing agency incident reporEing procedure and case supervision systems. Invesfigators will obtain a case number at the ouYset of each case and fully documenf their activities through the completion of inifial ans supplemental reports. Reports will be completed and reviewed by a supervisor in a timely fashion. Investigation and OS �� 9 case mana�ement act;v;ties =an?I ���� �,. 4����.a.a,°���e wi� z�s�n� de arnnenr2 �' '� ''" � p policies and proced��res. Closeout reDO.*ts with ;ndicat<+� �,�� 4_-�,_„� - '' r.i...0 fi CaSc IIfiJ DeCn r2'Sv! i�.°,c�. WIti C6Y.�S IO2V'r'a.�ia°C� f.0 u:t� ATOS�CllfOI'S D?TCP 2T?�'OZ �.i i'd�' �uf07CCi�1�Ili 2nPII� COIlf.i..i^'1iIlj �`.�32 investigarion when applicable. Undercaver �ves�igatioas Cazefiiliy managed undercover operations conducted by weIl-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 regazding a suspect's predilecfion to sexually exploit children. However, these investigations can irigger serious legal and ethical considezations because of concern that inappropriate govemment conduct may induce an otherwise innocenf citizen into committing a crime. All investigations shall be conducted in a manner consistent with the principles of due process. Task Force investigators shall avoid unlawful inducement of any individual not otherwise disposed to commit the offenses being investigated, and wiil not engage in conduct that is shocking or offensive to notions of fundamental fairness as described in applicable case law. ' Officers should always be aware that their actions, in addition to those of the offender, may be at issue in deciding if charges aze brought, whether referrals to ot'rier iaw eniorcement a encies aze acte�up.an,_aucLin det�r-inini�g-the-gaiit or --- ----- -- - - - ---g ----- innocence of the offender at trial. Therefore, it is critical that this task force work closely with local prosecutors when invesfigating ICAC offenses. Accc. dingly, the foliowing minimum standards apply te undercover iavestigations by the task force: a) Only swom on-duty ICAC Task Force personnel shaIl conduct ICAC invesfigations in an undercover capacity. Private citizens sh� net be asYed tc seek out investigative tazgets nor shall they be aufhorized fo act as police agents in an online undercover capacity. b; ?CP C Tas� Po=ce personnei snaii not, under any circuxnstances, upload, uar,smit, or ionvazd pornographic or sexualiy explicif images. cl Other th� photogrzphs of law e��orcement officers wno have provided their L^fCS�t�� V.ii�.� CviiScu� IlO �1llA13R 1IY13g.05 S!1?�1 �P Ap102.3e.:, tr211Sulii pr forwazded by ICAC Task Force personnel. d) Other than autborized above, images considered for uploading shall be approved by the ICAC Task Force ProjectDirector and reviewed by a local prosecutor. Images uploaded for investigative purposes shall be nonhuman and encrypted. Sexually suggestive titles sha11 not be used. os-rr9 , e During oni;ne �w,a�,� a._„---� �� _ ,, 'u�-w� �. ��cers shoui¢ auow ine investi�a�ve taroef to Set fhe tone, �ace �nd ���;e�* ^���; ;,� °�,.� �:':_� �vrrversaaon. ��oe uploading sha:i be ;�ua�ed'oy a� raraet. ` Evidence Procedures All undercover online activity shall be recorded and documented. Any deviations from this policy due to unusual circums�tances, shall be documented in the relevant case file and reviewed by the ICAC Task Force Commander. The storage, security, and destruction of investigative information shall be consistent wifh agency policy. At a minimum, information should be maintained in locked cabinets and under the conuoi ofICAC Task Force personnel. Access to these files should be restricted to authorized personnel with a legitimate need to know. Task Force supervisors should ensure that forensic examinations of computers and related evidence aze conducted by quaiified personnel that have received specific training in computer forensics. InformaYion Sharing Conven+;onal bo aze -ru �aaiiy me in we eiectronic v3orld�f'_#he_�terne�aad the- --- - --- � consfrairits of tnne, place, and distances lose their relevance. These factors increase the possibility ofICAC Task Forces targeting one another, investigating the same subject, or inadvertently disrupting an ongoing investigation. To foster coordination, collaboration, and co*uruunication, OJJDP requires that each ICAC Tasic Force contribute basic case i�vor�a+ucn to a common database. Federal Guidelines have been established through the Department of Justice's ICAC Task Force Information Shazing Working Group, The OJJDP Task Force Review Board reviewed, modified, and adopted the below information sharing system and procedures. The St. Paul Task Force will compiy with these guidelines. Task Force investigafors shall contribute basic and case update information on ail cases (Iocal, inters`�ate, reactive and proactive) to the Case Deconfliction System maintained through the Law EsLfareement Data Exehaage ('�E�Xj. 2. Basic case informafion shall include, but is not limited to: d� .Si'll})I171 ina T2SIC FO:C: b) Ferson submitting info?�atio� c) Telephone number for verification purposes d) Date of submission e) Brief synopsis of investigation fl Offender screen name(s) g) Identifiers (tTRL, FTP, Newsgroup, ]P Address) �o5-rr q h) True name nf �„�„P,.+ �;f,.....___, __ _�,..�,..,. ;_. L'_vtY4� i) Othersw�vectvuormation l=ft�,��„-� - —. :i Und� �;�cer screen name(sj �• Case update i�fo,��+��� s";nclnde, but is not ii�ited �o: a) Submitting'Task Force b) Person submitting information c) Telephone number for verification purposes d) Date of submission e) Date investigation initiated fl Identity of subject(s) including address, date of birth, social security number, address (when available) g) Crinunal proceedings (e.g., arrest, indicfinent, seazch warrant, convicfion, etc.) h) Sentencing information (when available) 4. Each investigator working with the ICAC task force wi11 sign up for access to LEDX via their website. Information on how to gain access will be provided by the unit commander. 5. Each investigator shall query LEDX once they have established an invesfigative interest. For the purposes of the ICAC Task Force Program, an investigative interest is established when_ the*P is reasonab;e suspicion tnat a crime has oceu�erl_orlbere is-a r-e-ason�o---- ---- --- ---- b�lieve tfiaf a screen name or other potenfially identifiable enfity has engaged in a sequence of activifies that is likely to lead to the sexual exploitation of a child.�Assuming no ather active invesfigafions are discovered and that reasonable suspicion is present to initiate an inves�gation, the agency wiil submit case information to LEDX. Each Task Force should submit this infozmation within 24 hours of initiating the case or as soon thereafter as possibie. 6• If any duplication is found, the initiating investigator is responsibie for contacti.,^g t.�e otner law enforcement agency. 7. Additiona::y, inifiating investigators should also contact the U.S. Customs Cyber Smuggling Center (7Q3-293-8005 to eLs•,ue there is no duplication with regard to their enge 2 . ^ .b'u ^ aV�SuSflilGit�. jimiidl'iy once an offender has been iden�$ed and associated with a known address, contact should be made with the U.S. Postal Inspector responsible for child sexual expIoitation offenses where u'�e offender resides. oS7�9 SUDET'vlginn E�sting depa_�enta! s::�e:.:sey,�-,�e.;:s �.dpzoceci•.::es s� aPP!Y', wifn specinc amphasis on obs��ation, dxumenta�on, �� p��o�� e4�-„��on of cases assigned te '�ndercever invesrigato:s. �ii%rirten ilirectives wili reIIect tue principles of qualify case Iiiaraa and ensure - that ICAC Task Force activities comply with both agency and IC9C Task Force Standards_ 2. Af a minimum, management or supervisory policies and practices shall include: a) review of daily ICAC Task Force investigaiive reports; b) periodic review of undercover session recordin�s; c) direct participation in formulafing ICAC Task Force invesfigafive p:ans and establishing investigative priorities; d) developmenf of work schedules including approval of specific overtime expenditures; e) assessment of equipment and training needs; and, fl review and approvai of any ICAC Task Force fiscai matters. Selection of ICAC Task Force Personnel While existing agency personnel procedures apply, managers and supervisors should evaluat� prospective ICAC Task Force candinates for work history that �n�i�cates prior -- __ i nvesti�atiye_e�erience,�covrt�estima�-y-s�c311, abili�y tb informa�"ion p�ntlY and a genuine interest in the protection of children. Task Force members should be computer literate, knowiedgeable regazding child exploitation issues, and be familiar with Federal and State statutory and case iaw pert >;ng to ICAC investi�ations. Preveniion and Education Activities Preven�on education activities aze a critical component of the St Paul PoIice ICAC Task Force Program. Supervisors and investigators aze expected to develop and lead prevention programs to foster awareness and provide practical, relevani gui¢ance to chiidren, parents, educators, librazians, and other individuals concerned about child safety issnes. Hewever, thes� presentations shall not deni�t;�len+;f,_�ht� ;���u:m iaCi Suaii ii Eq uSC jJOIIlOgT3ph1C OZ SeXU1(�V explicif images. rresenters shall not discuss investigafive techniques. Media Relafio�s and Releases Copies of inedia releases reiated to tius initiarive will be fo_*�warded through the ICAC UniY Commanner to rue Fubiic lnformation Office for disseminafion. Copies of radio or video segments an@ press clippings will be used to promote and sustain pubIic support for ICAC activities and circulated within the Review Boazd. Media releases relating to prosecufions, crime alerts or other matters concerning ICAC Task Force operations shall not include information regarding spec�c investigative techniques t�5 ���� and should be coordinated (when a w ;�v ,. ,,,_ T enforcemeni aaencies, and Siate and locai aQe �;= V � V ��� torce participan+,s, redera lau� n.,_..s ���o've� i: uie �resagauo� censist�at ��;� souna in:o:m,ation man�e�ent aad media reia�ons przc�ces. T�.� eacu c��e �opies suo�d be p: oviaed to CJ�'Dr in a timely manner. '