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06-557Council File # Presented By: /6 Referred To: Committee:Date: 1 RESOLVED, that the City of Saint Paul, PoGce Department, is authorized to enter into the attached 2 Memorandum of Understanding (MOLn with the State of North Dakota, O�ce of Attorney General, 3 acfing through its Bureau of Criminal Investigations (BCn for participa6on in the Internet Crimes 4 Against Children Task Force. A copy of said agreement is to be kept on file and on record in the 5 Office of FYnancial Services. 6 RESOLUTION OF SAINT PAUL, NIIIVNESOTA �� 3030852 Green Sheet # 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Yeas Absent Requested by Department of: Adopted by Council: Date: /fi,�hG /�i�/� Adoption CertiFed by Council Secretary: BY� �/i/l ` i� Approved by a : Da e: By: Q:\FiscaMO&CR�2006\NOrthDakotaBCIMOU cr.2006.x1s Approve�d ayo for Su ission t ouncil: sy: � «:.�: � Green Sheet Green Sheet G�een Shest Green Sheet Green Sheet Gceen Sheet 06-�,,�- Departmentloffice/council: Date Initiated: . - � P -Pa�� 2�-�.Y� Green Sheet NO: 3030852 CoMact Person & Phone: Chief John Hartington on Total # of Signature Pages � 0.riti9o Number For Routing Order Inftial/Date 0 2 rne i . A om � 3 a or' Office Mavor/A sistant 4 an i C u cil 5 Q rk i Clerk 6 ice a nt P lice D arhn nt (Clip All Locations for Signature� Signatures on the attached council resolution authorizing the City of Saint Paul, Police Depazanent, to enter into the attached Memorandwn of Understanding (MOi� with the State of North Dakota, Office of Attorney General, acting through iu BUreau of Crinrinal Investigations (BCI). � ,;,-; ;_'_'. Recommendations: Approve (A) or Reject (R): Planning Commission CI6 Committee Civil Service Commission Contracts Must Mswer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personffirm possess a sKill not normally possessed by any current city employee? a. Yes �� No'- Explain`all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why): The State of North Dakota BCI will participate in the Intemet Crimes Against Children (ICAC) Task Force of the Saint Paul Police Department. For more information regazding this MOU council resolution please give Cdr Neil Nelson a call at 651-266-5882. AdvantageslfApproved: Opportunity to use grant funds to partnership with the State of North Dakota BCI to combat internet crimes against children. Disadvantages If Appmved: �None. Disadvantages If Not ApDroved: Lost opportuniry to use gant funds and partnership with the State BCI to combat intemet crimes against children. Total Amount of CosURevenue Budgeted: � Transaction: _ _ � � FundinA Source: S2E ett2Ched Activity Number: �o�:n^`` �� - ��a1�Research Center JUN � 2 2DU6 Financial 1 nformation: - (Explain) JUN 05 2006 JUN 051005 � �` n � 4�A8� �� @ ��9l1�� JUN 5 20�fi � DL ;T i�iT��t`�E'�' CR1iV1ES AG�II`�ST CIiiL��RE`v T�� 'JRCE Multi Law Enforcenlent Agreement ihis Muiti ��gency Law Enforcement Agreement and amendments and supplemencs thereto, ("A«reemenr') is between the City of Saint Faul actine tluoueh its Police Deparhnent located at 361 C3rove Street. St Paul. MN >j101 ("Grantee") and the State of North Dakota Office of Attomey General, acting through its Bureau of Criminal Investi�ation, located at 4205 State Street Bismazck, Nortli Dakota 58503 (BCI); Whereas, the Grantee is empowered to enter into this Agreement pursuant to Minn. Stat. §471.59, Subd. ] 0& 12, and is further empowered to enter into this Agreement by Minn. Stat. �626.76; the BCI is empowered to enter into this Agreement pursuant to N.D.C.C. chs.54-12 and 12-60; Whereas, the Grantee is a recipienf of a federal grant (attached to this Agreement as Exhibit A) disbursed by the Office of Juvenile Justice and Delinquency Prevention ("OJJDP") 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 enforcement as a result of such investigations; and Whereas, consistent with the terms of that federal grant, Grantee created the Minnesota Intemet Crimes Against Children Task Force, and is one of 45 such task forces created nation wide. The OJJDP Internet Crimes Against Children ("ICAC") Board of Directors has been established representii�g each"of the existing ICAC Task Forces to oversee the operation of fhe federal grant and sub-grant recipienYs; and Whereas, cunenfly the BCI is not eiigible to be a recipient of a siinilar grant or create a separate task force that could participate with the other 45 task forces created pursuant to the federal grant program; and Whereas, the above parties have determined that it is mutually beneficial to have the parties enter into fllis Agreement whereby the BCI ean participate in Grantee's Internet Crimes Against Children Task Force to investigate and prosecute crimes committed against children and the criminal exploitation of chitdren that is committed and/or facilatated by or through the use of computers, and to disrupt and dismantle organizations engagmg in such activity; and Whereas, the parties approve, authorize, and enter into this Agreement with the purpose of implementing a tluee-pronged approach to combat Tnternet Crimes Against Children: prevention, education and enforcement; and -1- 06 - 5S 7 Vo«� thereft>� e, t11e parties �gree as follo��s: l. In con�ideia_tio« of the C'r�ntPP �h� �_ � �e ` . conditions set forti� 1lerein, ?he BC] a�rees to: • L`tilize applicabie state and federal laws to investigate and refer for prosecut�on criminal, civil, and forfeiCure actions a�ainst identified violators, as appropriate; and • Adhere to the OJJDP ICAC Task Force Program Standards, (attached to this Agreement as Exhibit B), in addition to state and federal laws, when conducting undercover operations relative to ICAC; and • Adhere to the Minnesota ICAC Task Force Policy Statement (attached to this Ac�eement as Exhibit C); and • Assign qualified personnel that are certified law enforcement officers under North Dakota law to participate in Minnesota ICAC Task Force law enforcement activities within the jurisdiction of the State of North Dakota, ("Special Agent") No Special Agent assigned under this Agreement will be engaged in law en£orcement activities within the jurisdiction of the State of Minnesota; and • That when a Special Agent assigned by BCI acts on the behalf of the Minnesota ICAC Task Force within the scope of this Agreement, the Special Ageni's aetions are wathin the officer's line of duty and course of employment to the same extent as if the Agent had acted on behalf of the BCI,; and • That when an assigned Special Agent is performing aetivities for the Minnesota ICAC Taslc Force under this A�eement, such Special Agent shall remain an employee of the BCI, and the BCI shall retain the exclusive responsibility for such Special Agent, including but not limited to liability coverage, regular and overtime wages and salaries, unemployment benefits, worker's compensation coverage, health insurance and other employinent benefits. • Submit all requests for undercover ICAC related operations in writing to the Commander of the Minnesota ICAC Task Foree for presentation to the OJJDP ICAC 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 records pertaining to prevention, education, and enforcement activities, -Z- o�-ss� to he col.lected and fo!tivarde_� monthly to the Minnesota IC:AC Task Force Comn�zinder or �is desi�nee for statistical reportinv pucposes; and n Pat7i['i fl,ll v a��l;r�g�r�g � • Nial<e reasonable eood faith attempts to be represented at any scheduled regional meetings i� order to share information and resources amonUst the �, ultiple entities, and • Forward information relative to investigative tar�ets to the Child Pomography Pomter System (CPPS) pursuant to the OJJDP ouidelines and applicable North Dakota law ; and 2. Tn consideration of the BCI's observance and performance of the covenants, terms az1d conditions set forth herein, the Grantee agrees to: • Include in federal grant fund requests to OJJDP money to be dispersed to BCI under terms of this Agreement; and • Tunely notify BCI of training opportunities for Special Agents assigned to the Minnesota ICAC Task Farce and equipment that may be purchased under the grant; and • Timely notify BCI of the time and place of Minnesota ICAC Task Force meetings, and any amendments os changes to the federal grant O77DP ICAC Task Force Pro�am 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 fixnds to BCI; • Assist BCI in performing Minnesota ICAC Task Force activiYies under thtis Agreement, provided, however, no ICAC Task Force SPPD o-fficei or other ICAC Task Force agency peace or law enforcement officers will engage in law enforcement activities under the authority of the Minnesota ICAC Task Force within the jurisdiction of the SCate of North Dakota; and • Timely consider and respond to BCPs requests for grant funds, training 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, Special 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 property loss or damage or death ar personai injury azising out of the performance of this Agreement. Any liabilities ar claims for property loss or death or personal injury by a party or iCs Special Agents, employees, contractors or assigns or by third persons, arising out of and dunng this Ageement shall be determined according to applicable law. -3- 06 S„5"7 4. The parties fi_irther a�ree rhat noU�in� in tnic �seement shall otherw�se iimit tl�e�unsdiction, powers and responsibilities nonnzVly possessed by the BCl or any BCI Special agent_ Tne patZies undeistand tilat there is nothina in ihr ,�greemenf wilich �revents any A�ent wt�o is assivned to the Nlimie IC.�C Task F orce �•vhen n2t�cSinghPrP �r� �_ '°__� ior the BCi_ 5. This Agreemer_t can be ter�ninated by either party for any reasoiz by providing =0 days prior �viitten votice to the other party. 6_ Notwithstanding any otl�er provision, this A�reement depends upon conYinued availability of appropriated funds and expenditure authority from the North Dakota Legislature. This Agreement will be terminated if the North Dakota Legislature fails to appropriate fimds or �rant expenditure authority or if there is a lack of sufficient appropriated funds or lacl< of expenditure authority available to BCI to perform its obligations under this Agreement, whether due to lack of appropriations by the Legislature or otherwise. BCI will provide written notice of termination to Grantee once the determination of funding insufficiency is made. Termination 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 is being created to implement this Agreement, and that the cooperative undertaking herein described shall be administered by Grantee through St. Paul Chief of Police and by the BCI through the Director of the Bureau of Criminal Investi�ation, or their authorized designees. 8. Ali notices or other communication required under this Agreement shall be in writing and sent to the address set forth above. Notices shall be given by and to the persons identified above, or such authorized designees as a party may from time 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, �vhen received by such party. 9. This Agreement may not be �nodified or amended except in writing, which writing shall be expressly identified as part of this Agreement, and which writing shall be signed by the officiai representatives of the parties. 10. This A�eement 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 respective parties hereto. 11. In the event that any provision of this Agreement 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 specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject mattex hereof. -4- 06 -ss� .�. This A�reement is intended to onlv [o govem th° n�h[s and interest of the parcies named Lerein. It is not intended to. does not and may not be reiied upon to create any rights, substanuai o r procedu enforceable at law bv an �� tliird��3 in an� �naYters, �� in�l l4. This Aareement shall be effectice upon sianatures of the parties. I5. Grantee and BCI each certify that it has abided by all laws reqmred of it to enter into this .q�reement and that the appropriate person(s) have executed the Agreement on behalf of the Grantee and BCI as required by applicaUle articles, laws, by-laws, resolutions, or ordinances. IN WITNESS WHEREOF, the parties signify their agreement by si�natures affixed below: SATNT PAUL PC�:L�E DEPARTMENT John HarringCon, Chief of PoY Saint Paul Police Department Assistant City AYtorney Director BUREAU C. Kemm�t, Director Approved: Rob�rf BenneYt- ID# 3146 Assistant Attorney General State ofNorth Dakota -5- ��1� % �� 06 -5S � Denartmea: ai Jn�ce Office O.n'.ice of the?ss:s�c A+!e �� G�e W� ;i hingron L.G 20:31 hme?, 2005 Mr.IOhn Hamngton CiTy of Saiuc Paui 367 Gxove Street Samt Paul, MN SS I01-2295 Deaz Mr. Hamngtan: On behalf of Attnmey Genetal Alberto Gonzales, rt is my pleasure to infoxm you titat the Office of Jusace Progcazns has aoproved your appiica[ion for funding under the OADP £Y 2005Intemet Crimes Against Cluldre¢ (ICAC� ConUnuations m t6e amount of $450,000 for City of Sai¢t Paui. 5.. �_ .....a,i P...^�.:^ T:.i d ,r.'e,.r r.. y ,tt n��ri�e _d 5vcla� ycu �i21 d �,e :r,o....;cr a;.d Spa;, 1 C,,.. doas ecU. s zv:z: is s_ ;..... -„ :-d.= �_-.. fwanc�at requiremenfs, including the timely submission of atl financial and progravunalic teports, resolution of all intenm audit findings, and the maintenance of a minimum level of cash-on-haud Should you not adhere to these requ3rements, you will be ut violaaon of the tenns of this agrcement and the awazd will be subject to temiination for cause or o[ner administrative acnon as appropaate. If you have questions regazding this award, please contact: Progxam Questions, Christopher E. Aolloway, Ptogmm Manager at (202) i05-9838; and Financial Questions, the Office of t6e Comptroller, Clutomer Service Center (CSC) az (80Q) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov. Congratulations, and we iook forward to worldng wiifryoa Sincerety, �" 41�2.�U,� 6 Trncy A. Henke Acting Assistant Attorney Genecal Enc(osures DeoaAment of Iustice O$"ice of J�stice Prorn+++� nffifp_p� fli V Pil I)P�ncii r�__ and DeHnqnency Prevention PAG2 I OF 3 i. RECSIENT?7AME AND ADDRESS (IncmAmg Zin Code) � e. ��ypg7� �y[7N(BER 2005 KC-CX-%008 Ciry oi Sam[ Pwl � ib'1 Gmve Street � 5. PROTECT PII210D: FROM 01/012005 TO Dbl39(7A06 Ss+nt Pmil, !v1N SS 101-Z'� 95 BUOGE[PERIOUFROM Ol/0t/2005 TO Ofi/30Y2006 b.AWARDDATE ONO➢11005 7.ACTION lA. GRAM'EE IAS/VEN�OR N0. S. SUPPI.EMEM NUNiBER � 416005521 � 9PREVIOUSAWARDAMOUNI' ao 3. PROIEC7' 1TLLE 10. AMOUN'I OF 7HIS AWARD S 450,000 Connnaaon ofNe ICAC within Ure Ststr ofMinnesota wiN fhe po5s�ble atldition ofNOM a�d SouN Dakom I l. TO?AL AWAAD 5 650,W� i2.SPEC'u'w' COh,*^.P.1^v�5 , THE ABOV6 GRANT PRO7ECT IS APPROVED SIIBIECT TO SUCH CONDITIONS OA LIMITATIONS AS ARE SET FORTH ON Tf� AiTACHED PAGE(S) 13. STATU'I'ORYAUTHORITY PoR GRANT 'Ihis pro�ect is supportad under42 U.S.C. § 5975, et seq. 15. METHOD OFPAYMENT _PAPRS _ _ ' __ ___ _ � AGENCYAPPROVAL _ Ib. TYPm NAME AND 7ITLE OF APPROVMG OFFICW, Tracy A. AeNm ActmgASSistantAnomey Generd i'. SSGNATUAe Or APPROV'hi `G veFIC�AL 4. S' •" ^i.v' Ue �-� � � � AGENCS'l�SE Y � ^ •CC^'„^.^.'.^.�3�.,AS;IP[C4IICNCCD°S i ii. MCO5700026 L FISCAL FIIND BUb. DN. YEAR CODE AG7. OFC. 1tEG. SUB. POMS M90[JM' I f X C MC ]0 00 00 a30000 I OS4FORM4WMLCQEV 5-8'l)PREV[OUSEDLI'LONSAREOHSOLETE. I8. TYPED NAME I SoM Harnng[ov ChiefofPobce GRAN T E E.SC C EPT'ANCE - TLE OF AUTHORI2ED GRANTEE OFFICIAL I9A. D^?E 06 ;55� OSPFOAM4000R (PEV.488J r� ;�s� Depamnent of Susrice Office�fSusticeP;a�uns � A4E'4=itL rONTLr?UAT'ION �'% Justice and Delinquency i Cooperative A„°reement Prevention I 4 PROJECTNiRdBEA 2D05-ivfC-CX-iCWa 4tiAiZiunTc "vb�u^<vC5 � SPECIAL CONDITIONS I. The recipirni agrees to compiy with tLe 5aancial and admmisGa�ve requirements set forth in ihe current edibon oi the Office of Iustice Pcogrrsns (OJP) Finxecial Guide. 2. The recipienT acknowledges that failuce to submit an aCCeptable Fquat Employment QQporivnity P1an (if recipieut is required to subcmt one puisuan� to 28 C.F1L Seclion 42302), ihat is approved by the Office for Civil Righis, is a violation of rts CeYtified Assurnnccsss and �nay resu�t in suspensioa or teratination of funding, until such time as the rerip�ent is in compiiance. 3. '1'he recipient ag[ees to comply with the oraa� wdit requirements of OMB Circulaz A-133, Audits of States, Local Govemments, and Non-Profit Oxgauizations, as further descnbrd ia the cmrrnt edition of the OJP Financiai Guide,C:agt� :4. 4. Reciniert imde�stands and agees that it cannot use any federal funds, either directly or indirectly, in support of the enactrnent, xepeal, modificanon ox adoption of any Iaw, reguLation or policy, at any level of govemment, without the exnress prior uzitten approval of OJP. 5. The recipient shall submit semiannual pmgress reporrs. Progress reports sha1l be submitted within 30 days after the end of the reporitng periods, which aze Sune 30 az�d December 31, foc tHe life of the awazd These reports wi11 be submitted online through the Office for 7ustice Programc Grants Man�ement System. 6. The Pso]ect Director and keY ProS�i Pexsonnel desig�tated in the application shall be replaced only for compeiIing reasons ann wiih t6e concucreace oi ^v7F. G�r vri11 noi �mreo-soaably'w� `.�' cid Goacur•en� . All s=ecwso:s ±o k°y pelso�el�must be approved, and such approva4is contingern upon subxnission.of appropriate infoc=natioq including,_ _ but noc Iimited to, a resiune. Changes in ot}iez progam personnel require oniy notificsbon w OJP and subaussioa of : es�:.:ies, ;cniess c:ha:n:se desi�z:^d ir. �he awzrd c�ocw:.eat. 7. The recipient agcees to submit quazteriy finaucial reports on Standazd Form SF 269A. These reports will be subwtted withim 45 days aRer tr�e eed of the catendar quarter, and a final report is due 120 days foilowing ihe end of the awazd period Tt�e reports shall be submitted to the Ot£ice of Justice Progrnms, Grants Manaeement Systeut. 8. The Office of Juvenile 7ustice and De�inquency Prevention has elected to eater into a Cooperative Agieement rnther than a a °�'snt with tbe recipient. This decision cefleelc the mutual interest of the recipient and 077I7P m the opereeon of the project u well ss the anRCipated level of Fedecal involvement iR :h�s projec4 OSIDP's partfcipatory role in the pro}ect is as foiiows: a. Review and approve major work plans, including changes to such plans, and key decisions pertaimug to project ooemtions. b. Rev�ew and appYOVe ma�or ntoject �enerated docume�ts and materials used in tlie provision of project services. Pro�i�3e g�ida*!ce in s�gnificant oroiect nlannine meehnes, and participate in pro7ect sponsored naining events or conferences. 9. The recipient agees to submit a final report at The end of tlils awazd doeumenting al1 reVevaatproject aetivities during :he eatire penod o; suppo:t unde: �is zwzrd. This :eport wiil include det9iled information about Yhe proiect(s) funded, including, but noY limited to, in£ormaCon about bow the funds wece aclvatly used for each pwpose az'ea, dNa � s�PP°tt siatements oi prog[ess, and data conceming ind�ividvat ;esults and outcomes of funded projects reflecbng project sucesses and impacu. The 5na1 repoR is due 120 days foilowing t6e close of this awazdperiod or the espirarion of any exi„-nsios periods. Recipaent shaii submit an originat and one copy of the reoo2 OR FOR�1400N2 (AEV. +-88) . Den�*�e�of7usace I O£�iceof7udceP:og'z�s i �4�l�CG��?T:NTJ9?'IQN 3nstice and Delinqnency I Cooperative Agreement Ptevention I PROIEC; WMffiER 2005 �1C{X-K008 AWARDDATE O6{Ol�GGS � :�s� SPECUIL CONOI(TONS 70. Prior to the exnenditure of confidential funds, fhe recip�ent and any subrecipients agree W si�w a certifica[ion indicaung :6at he or she 5as reac� :mdersizads, znd agrees to a�ide by zl of Nte rqediaons pertaining to confidential fund emenditures as set forth in the OSP Financial Guide. i l. T6e recipient agrees to designaie one of rhe regional task forces as its reuresentadve to the iCAC Tas's r'orce Worldng Group. Tlus designaaon must be in wribng and iornazded tn OSJDP for approval within nineTy days of awazd. 12. The r�ipient agrees to fonvard reports of SCAC Task Force Program Monthty Perfoimance Measures to the OJIDP- designated Site. � 13. The recipient agrees [o comply with the ICAC Task Force Program �tandards as esta�iuued by rue iCAC Task r'orce Working Group and approved by OIIDP. _ _ _ _ _ � . _ _ __ - ' � . . � - om aou,� aooaa (asv. ¢as) .�i 4 /`_ ' � n �'� � t :`� . � �� 1� _ ��! ICAC PROGRAM O�'EIZATI�NAL - - - - _- - �1��-- _ - - INVESTIGATIVE STANDARDS INDE� Gb r55 7 IN�EX rnitions ............................... age Case Management . . . . . . . . . . . . . . . . . . . . . . . . . Pages 2 — 6 [ T yV 6�1iJ�dl:G QL1U �lil'A1p111�.11L DQ�� B. Case Predication and Prioritization Page 3 C. Record Keeping Page 4 D. Undercover Investigations Page 5 E. Evidence Procedures Page 5 Information Sharing . . . . . . . . . . . . . . . . . . . . . . . Page 7 Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8 Selection of ICAC Task Force Personnel ....... Page 9 Community Education and Crime Prevention Activi�ies . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page �� Me�ia Rel�tions �nd Releases . . . . . . . . . . . . . . . . Page 11 ICAC Program Opesational and Imestigative Standards 0� :.�.s7 i of � Definitions 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 CYuldren. "CEO5" is the Child Exploitation and Obscenity Section of the United States Attorney's Office, of the Depariment of Justce. "ICAC" is the Internet Crimes Against Children program composed of Regional Task Forces and Satellites. "REGTONAL TASK FORCE" is defined as an ICAC law enforcement agency designated by OJJDP to act as a Regional Task Force. "SP.TELLITE" 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, crime is defined as any oiiense that involvzs t�'�e — exploitation of children fac3litated by tec�nology. _ _ _ _ . _ _ _ . _ .v _ Investigative interest is established when there is reasonabie suspicion that a screen name or other potentially identifiabie entity has committed a crime or that entity is engaged in a sequence of activities that is likely to result in the cominission of a crune. Aproactive invesrigation is designed to identi�, investigate and prosecute offeaders, which may or may not involve a specific target, and requires online interaction and a significant degree of pre-operative plannn7g. A reacZive investigation involves the investigation of a compiaint of a crime. Reasonatiie suspicion is established wuen s-�fic:ent fac:s ev.is± to tPad a 1_aw enforcement officer to believe that an individual or organization is involved in a definable criuiinal activity. ICAC Program Operational and Investigative Standards -1- � :s�� iosio2 Case �. '�or�s��e �.�d. Ec�ui�ment ICAC computers and software shall be reserved for the exclusive use by agency designated ICAC personnel. When possible undercover computers, software, and online accounts shall be purchased covertly. No personally owned equipment shall be nsed in ICAC investigations and all so$waze sha11 be properly acquired and licensed. 2. ICAC personnel shali not use ICAC computers, softwaze or oniine accounts for personal use. Absent exigent or unforeseen circumstances, a11 ICA� 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 Operationad and Investigative Standards -2- a6 -ss � Date: 3(Q8lOZ Case B� �ase Predication and Priorit;�a�io� �. Cases may be initiated by referrals 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 ageacy poiicies. 2. ICAC supervisors are responsible for determining investigative priorities and selecting cases for investigation. - Assuxning 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 followine prioritization scale shall be considered: a) A child is at immediate risk of victimization bl A child is vulnernble to victunization by a known offendez c) -A known suspect is aggressively soliciYing a child(ren) d) Manufacturers, distributors or possessors of images that appear to be home photography with domiciled children e) Aggressive, high-volume child pornography manufacturers or distributors who either ase commercial distributors, repeat offenders, or speciatize in sadistic images fl Manufacturers, distributors and solicitors involved in high- volume trafficking or belong to an organized child pomography ring that operates as a crimsnal conspiracy g) Distributors, soiicitors and possessors oi i�i�ag�s cf c u:� pornography h) Any other form of child victimization. ICAC Program Operational and Investigative -3- G� �ss7 Effective Date: 3/08/02 Case Mana�ement C. Record Keeping 1. ICAC units sha11 be subject to e�cisting agency incident reporting procedures and case supervision systems. Ai a minimum, a unique identifier shall be assigned to each ICAC case. 2. Participating agencies will report program accomplislunents using the ICAC Monthly Performance Measures Report Tlvs report is due to the ICAC Coordinator on the 1Q of every month and does not replace L�:e seu..-2r^.:a: :o ess ort . ,, ,u,red b uhe nfti Cf T'15t1CP Y 5� "�'Y YP "1 J Progtam's Financial Guide. ICAC Program Operational and Investigatzve Standards -4- o.� -�s� Effective Date: 3/08/02 1 of Case D. Undercover Investigations 1_ Cazefully managed undercover operations conducted by we11-trained o�cers are among the most effective tecluuques 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 wil] 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, .Tacobson v. U.S., 503 U.S. 540 (1992); U.S. v. At'cheY, 486 F.2d (2 Cir.l97.i)> U.S. v. Gamache 156 F. 3d 1(l Cir. 1998); U.S. v. Poehiman 217 F. 3d 692 (9�' Cir. 2000). ICAC investigators aze encouraged to work in conjunction with their local prosecutors. 4. The following minimum standards apply to ICAC investigations: a) Only sworn, on-dury ICAC personnel sha11 conduct ICAC investigations in an undercover capacity. Private citizens shall not be asked to seek out investigauve targets, nor shall they be authorized to act as police agents in an oniine undercover capacity. b) ICAC personnel shall not, electronically upload, transmit, or forward pomographic or sexually explicit images. c) Other thar_ photo�aph� of law enforcement officers who have , ,.,, pT'OV1Qeti UlelI ll1I01TRea VYTILLGII COS1JGlll� TlV a.Civai iiwii<ui LTi�. shaii be upioaded, �ausmitted, or iorwarded by ICn� persc. nel. d) During online dialogue, undercover officers should allow the investigative target to set the tone, pace, and subject matter of the online conversation. Image �ansfer shall be ;nitiated by tl�e target. ICAC Program Operafional and Investigative Standards -S- � -�s� e) lindercover online activity shall be recorded and documented. Any departures from this policy due to unusual circumstances shali be documented in the relevant case file and reviewed by an E� ctive �ate: 3l08/OZ Su'ojact: Evidence ProceduTes ra�e 1 of 1 ��3� ��dt� ��.*:�u� E. Evidence Procedures 1. The storage, security, and destruction of invesfigafive information Sh2�I h� CO.^.S istent vr.Lh age cy pe?icy. P c.,ess tc :l:e�e fi:es sh��:d be restricted to authorized persoanel. 2. ICAC supervisors should ensure that qualified personnel conduct forensic exanunations of computers and related evidence. ---.------ - -- ---___.----,----.----�_._.____.�___�__�.,._____,-�--__..____._ a. Child pomoa aphy is ccntrabaynd and should be maintained pursuant to eacn agency's policies regarding such. l�bsent a court order specincally ordering otherwise, evidence containing ciuld pornography sha11 not be released to any defendant or representative thereof. b. F�Jhen providing evidence containuig child porr.ography to anethe: law enforcement agency, sucn evidence must be hand-deiivered, digitally protected or sent via a delivery service which tracks the shipment. ICAC Progi Operational and Investigative Standards � 06 ss� Date: Informa�ion Gonv�ntio�al bound�*'ies are virt��ally mea�ingless ir. t�':e elec*�oaic world of the Internet and the usual constraints of time, place, and distance lose their relevance. These factors increase the possibility o£ ICAC agencies taxgeting one another, investigating the same subject, or inadvertently disrupting an ongoing invesrigation. To foster coordination, collaboration, and communication, each ICAC agency must contribute basic case information to a common database. 2. Each ICAC agency sha11 contribute case uiiormation on aii acuve investigations (local, interstate, reactive and proactive) to a common daxabase as designated by the TCAC Boazd of Directors. This information should be submitted at the earliest practical opportunity. 3. If any common tazget is identified, the initiating ICAC agency is responsible for contacting the other law enforcement agency targeting the suspect. ---- ¢ agencies- should- aiso. consider contacting_ other local, state, and federal agencies which may be involved in sixnilar investigations. ICAC Program Operarionat and Investigative -7- 06 ss7 Date: 3/08/02 1. Each ICAC agency shall have supervisory systems and procedures, which sha11 grovide for ohse_rvation, docuu�en'ation, and pe:iodic :eview 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 Standazds. 2. ICAC agencies may submit any proposed operations to the Board for review. To assist the Boazd in its review, the proposals shall be submitted to the Board Coordinator at least 21 days in advance of the next regulazly scheduled meeting. Proposais shouie be submitted using tne ioiiowing iormai 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., pro}ected start and stop dates; d) offenses targeted for investigation; e) investigative targets and lunitation on government contact; � operation scenario and techniq�xes (language for contact letters anci advertisements must be.included with proposal);_ .-. g) liaison and/or case referral procedures with Federal Iaw enforcement agencies (include the names of Federal agents when known) and; h) other relevant information 3. The Boazd, at its discretion, may suggest amendments to the original proposal following consultation with the presenting agency. Notice of the results of the review of investigative proposals irom satellites will be communicated to the satellite representatives by the Boazd Chair. 4. The TCAC submitting the proposal for review may seek the support of the Bozrd. ICAC Progr Operational and Irzvestigative Standards � D6 -�57 Effective Date: 3/08/02 Selection of ICAC Task Force Personnel Managers and supervisors should evaluate prospective ICAC candidates for work history that indicates prior iaves�gative expe*ience, court testimony skills, ability to handle sensitive information prudendy, and a genuine interest in the protection of children. ICAC Program Operational and Investigafive Standards � 06 -,�s� Date: Communitv Education and Crime Prevention Activities 1. Pxevention education activities aze a critical component of the OJ7DP ICAC Proa am. ICAC agencies sfiould foster awareness and provide practicai, relevant guidance to children, pazents, educators, librarians, and other individuals concerned about cYuid safety issues. 2. Presentations to school staff, parents, and community groups aze excellent ways to promote awareness. These presentations shail not depict identifiable victnns, not otherwise in the public domain; nor shall they use pornographic or sexually explicit images. Presenters shall not discuss confidenrial investiga� ve te� .:.:qaes. 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 indicate a preference for a product or service, but to avoid an implicit endorsement, such ICAC members should indicate adequate aiternatives. ICAC Program Operarional and Investigative Standards �(l� O6 �� Effective Date: 3/08/02 Subject: Page 1 of 1 Media ltelatio�s and Releases �ie4�ia i0i�2S8S I0i3iva� iG YT^vSeCi.iiGiiS� CiuuB 3i8i Gi v uiati8i$ COIICBiuiIIf�T ICAC operations shall not include information regarding confidenual investigative techniques and should be coordinated (when applicable) with other Task Force participants, Federallaw e*_iforcement agencies, and State and local agencies involved in the investigation consistent with sound information management and media relations practices. ICAC Program Operational and Investigative Standards -11- �� J � � ` � � � {/ � Saint Paul Police ICAC Task F'orce (Internet Crimes Against Children) Policy Sfatement PoIicy Purpose: 06'�57 Tfie pttirpose of this policy is to establish resuonsibilities and guidelines reearding the St. Panl Police Deparhnents response to reports of exploitatian of children, and the possession and distribution of child pornography using computers. Policy Statement: It sha11 be the policy of the St. Pau1 Police Department to adhere to strict guidelines with respect to investigations of computer related child exploitation. The standards adopted pursuant to ttus 1• ' ~l.,_ '1_ .71. lICF f�,. ^.il.°.��:3�uC.°.2.^rG�i�::.^..^i::.°.:;C�P:�V�^LIO.^.S�S yGiiCS' iiiii?6I uivSL' Yi�SCiiv�u vj' v.i.C� v� u" (0J3DP) Internet Crimes Against Children (ICAC) Task Forces, and ensure compliance with those protocols accepted by the Federal Bureau of lnvestigations (rBI), U.S. Customs, and the U.S. Postal Tnspector's Office. Definitions: A proacrive investigation is designed to identi"ry, invesugate and prosecute offenders, which may or may not_involve a specific target, znd requires online interaction and a significant degree of pre-operative planning. A reactive investi a�tion involves the investigation and prosecution of a known target(s), and where the need io proceed with tke invesfigation 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 information such as the Cyber-Tipline at the Nationat Center for Missing & Exploited i hildren or a iarge Intemet Service Provider. The department must also respond to complaints made by catizens, scnoois, iinraries, or businesses who believe illegal material has been transmitted or potentially dangerous situations, such as ckuld lure attempts have been commnnicated through tlae Internet. �rt_..__ r_.,..v n..:.....,,..n,..,;.,..+/'�1,;t.irc„/T('d('linr�>>llaehnthnrna[`tiv�an�rPAEtiV� 111G LGllll ll1LG111G"L i.tutiw nK�+-+uo� �.+ua..�.vu �i�.�.v� +...� ».�..� .,�--- y��-^�-- � ITIVESUa&uVe ^a.Ci2Jiti2S aS vu`t�lii� 8'C^v'J�. An investigation is deemed to be urgent when there is a reasonable belief that the #arget presents an imminent threat to tke weil being of another pzrso;�. v� -s.�l Procedures: `Ncr2; s�ac� �d �'q4:gmesxt Internet l�imes Against Children (ICAC) compuiers and softwaze shall be reserved ior the exc2usice use by depazhnent desi�ated ICAC personnel. VJhen possibie undercover compute:s, soitware, and online accounts shall be purchased covertly. No personally owned equipment shaii be used in iCf�� invesrigauons and a:i soinvare suail be properiy acquired and licensed. All ICAC online invesfigations shall be conducted in govern_ment work space zs designated by the department. Care P: edicafion and Prioritization Cases may be initiated by refesals from the CyberTipline, Internet Service Providers, or other law enforcement agencies, and by information gathered through subiect intezviews documented public sources, direct observations or suspicious behavior, public complain2s, or by any other source accepiable under ctirrent department policy. ICAC Supervisors aze responsible for determuaing investigative priorities and selecting cases for invesrigation. Assuming the information is deemed credible, that detemunation should begin with an assessment of victim risk and then consider other factors such as jurisdiction and known offender behavioral characteristics. The foiiowing prioritization scale was esfablished by fhe ICAC 1 ask Force Review Boazd and will apply to the - - - - _ _ assignment oi cases within the department: 1. A child is at unmediate risk of victimization; 2. A cYuld is vuluerable to - victimization by a l�own offender; 3. Known suspect is aggressively soliciting a child(ren); 4. Traders of images that appeaz to be home photob aphy with domiciled children; 5. Agb essive, lzigii veiume child pornography traders who either are coznmercial c��isnzbutors, repeat offenders, or speciaiized in_ sadistic images; 6. Traders and solicitors involved in high-volume trafficking or belong to an organized child pornography ring that operates as operates as a crimival COn�piraCy> 7. Traders in previousiy iaiown images; $. Traciers in dib taiiy ��tered im�es. Record Keepiutg ICAC inc�estigative w�ifs skall he s��bject ?o t?ie e�s�g abancy incider_? reporting procedure and case supervision systems. Investigators wiIi obtain a czse number at the outset of each case and fully document their activities throug'n fhe compietion of initial ans supplemental reports. Reports wili be compieted and reviewed'oy a supervisor in a timely iasiuon. Investiga�ion and 06 -ss � case m activities wilI occur in accordance with e�stin� depar¢nentai policies and procedures. Closeout reports with indicate the manner m wluch a case �as been resolved ti�i:n copies io�arded io ihe prosecutor's o�ce and/or the law enforcement a�ency con`unuing the . Undercover Investigafions Careiuiiy managed undercover operations conducted by weu-a�ained oificers aze among t'tie most effective techniques available to 2aw enforcement for addressing ICAC offenses. Undercovez operauo�, when execnted and dac properly, coiiect virtvaiiy unassaiiabie evidence re�ar�ng a suspecYs predi?ection to sexaally exploit children. However, these investga*tions can trigaer serious legal and ethical considerations because of concem that inappropriate governunent conduct may induce an othe: wise �r,aocenf citizen i�.to co�„�:�ung a cr:me. All investigations shall be conducted in a manner consistent with the principles of due process. Task Force investigators shall avoid uniawful inducement of any ind;�;dua1_ not ot�??w?se �lisposed t� com?n�t rhe o�`e�es be�ng;nves�gated, and will not engage in conduct that is shocking or offensive to notions of fundamental fairness as descrioed in appucabie 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 other law enforcement agencies are acted upon, and in deiermin;ng �e guilt or inn ocence oi me efiender at trial. Thereiore, it is crirical that this task force woric closely with local prosecutors when investigating ICAC offenses. _ Accordingly, the iollowing nun;mari standards apply ta undercover :nves*sgaaons by the task force: a) Only swom on-duty ICAC Task Force personnel sha11 conduct ICAC investigations in an undercover capacity. Private citizens shall not be asked to seek out investigafive tzrgets nar shall they be autiiorized to act as poiice agenis in a� onliae ;zn3ercove: capaci��. . - b) ICAC Task Force personnel shall not, vnder any circumstances, upload, uansrsit, or £orwa'd pomogrzph�c or sexualIy expficit �ages. c) Othe: fhan phoLogaaphs of iaw enfor:;eynent ofncezs wno nave provided tneu informed written consent, no human images sha11 be uploaded, transmitted, or forwarded by ICAC Task Force personnel. - d) Cthe: �an aatlior�ze3 a�ove, iu ages cor.si3er8d f:;: iip?o�irig sL� �� be approved by the ICAC Task Force Project Director and reviewed by a local prosecutor. Images uploaded for investigative purposes shall be nonhuman and enerypteci. Sexuz'tiy suggestive tities sttaii not be used. �6 -�5 l e) During oniine dialogue, undercover officers should allow the investigative ta�et to set t�ie tone, pace, and subject ma«er of �he onLLne conversarion. ?m�e uploa�� shall-be initiated by the target. Evicieace Procedures ALL undercover online acfivify st1aL1 be recordeCl and documented. Any Cleviations Lrom this policy due to unusual cucumstances, shall be documented in the relevant case file and reviewed by �he �CriC Tasx Force �ommander. The storage, security, and destruction of investigative information shall be consistent with agency policy. At a :nforma�ion shoutd be ma�atained in locked cabinets and under the control of ICAC Task Force personnel. Access to these fiies should be resiricted to authorized personriel with a legitnnate need to know. " Task Force supervicors shoud en�ure rhar_ forensic exa�m�ationc of computers and related evidence aze conducted by qualified personnel that have received specific trainiug in computer forensics. Information Sharing Conventionai boundaries aze virtually meaningiess in the electronic world of the Internet and the usual constraints of time, piace, and distances iose their relevance. inese iactors increase the possibility of ICAC Task,Forces targeting one a�other, investigating the same subjecf, or inadvertently disrupting an ongoing investigation. To foster coordination, collabaration, and communication, 073BP requires that eaeh ICAC Task Force ccn�ibute basic case inloz�ation to a common database. Federal Guidelines have been established through the Departinent of 7ustice's ICAi, Task Force 7ruormation Sharing 4Vorking Crroup. The OJJDP Task Force Review Board reviewed, modified, and adopted the below information sharing system and procedures. The St. Paut Task Force ��ill comply with these guidelines. Task Fcrce i�-�vestigato:s shall contribute basic and case �.:pdate infoma+�on en a� � czses (local, interstate, reactive and proactive) to the Case Deconfliction Srystem maintained tUrough the Law Enforcement Data Exchange (LED�. 2. Basic case uifbrmation shaii ineiucie, but is not iisnited to: ` a) Subaritting Task Force b) Person submitting information c) Telephone number for verifica�on purposes d} Date cf §ub�ssion e) Brief synopsis of investigation fl Offender screen name(s) g) Identifiers (CTRI„ FTP, Newsgroup, t� Address) 06 -.�.� 7 h) True name oi suspect (if ]�own) i) Other suspect iniorma�on (ii Imown) j j Tundercover oincer screen name(s) Case update infoxmation shall include, but is not limited io: a) Submi�ting Task Force b) Yeison SllIJIl1t�1rib IIlTOPJIlahon c) Telephone number for verification purposes d) Da�e oi submission e) Date inves+agation initiated � Identity of subject(s) including address, date of birth sociai security number, address (when available) g) Criminal proceedings (e.g., arrest, indictment, seazch warrant, conviction, etc.) h) Sentencing in�orma6on (when available) .�. FaCls invec�igatOr wnrkina yvith tha iCA f' t_gclt fnmP yy:ll �i� iir� fnr arpPCC tq 7 FT,�.' pia their website. Information on how to gain access will be provided by the tuut commander. 5. Each investigator sha11 query LEDX once they have established an investigative intezest. For the purposes of the ICAC Task Force Program, an investigative interest 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 potentiaily identifiable entiry nas engaged in a sequence, of actiyities that is Lke1y to_ lead to_ the sexnal exploit2fion of a child �:Assuming no other acuve investigations are discovezed and that reasonable suspicion is present to initiate an inves*�igation, u�e agency v�il'. sub��.:t c�.se infor�ation tc LEDX. Each Task Force should submit tlus information witbin 24 hours of initiating the case or as soon thereatter as possible. 6. If any duplication is faund, the initiating investigator is responsible for contacting the other law enforcement agency. Additionally, initiating investigators should aiso contact tlae U.S. Customs Cyber Smuggling Center (703-293-8005) to ensure there is no duplication wiTh regard to their angoing iavestigations. Simila:ly, ence an effender hs been iden+afied and associated with a known acldress, contact shoulcl be macie with tiie u.J. rosrai inspector responsi�ie for chiid sexual exploitation offenses where the offen3er resides. D6 -,�.�� Supervision F.�sian� deparmiental supervisory syscems an procedures sha11 -- - - - - - --° — - --- ---- -- --' ---,..�_ _ ,._...,..,._:.. iQ undercover investigators. Written direcrives will reflect the principles of quaiity case manage�ent and e��re that ICAC Tas� Force acuvities comply with both agency a;.d ICAC Task Force Standards. y, wirh cases a 2. At a m;nimum, management or supervisory policies and practices shall include: a} revie oi daily ICA� Task Force investigative reports; b) periodic review of undercover session recorclings; c) direct participation in formulating ICAC Task rorce investigative pians and establishing investigative priorities; d) development of work schedules including approval of specific overtime expenditures; e) assessment of equipment and tr•aining needs; and, i j iZVieW Huu npYivVni vi uT'i� i�< i� i2�SiC �OZC�, �SC� i..2.��i5. Selection of ICAC Task Force Personnel Whi1e existing agency personnel procedures apply, managers and supervisors should evaluate prospective ICAC Task Force candidates for work history that indicates prior investigative experience, court testimony ski11, ability to handle sensitive information prudently, and a genuine interest in the protection of cluldren. - - Task Force members should be computer literate, itnowledgeable regarding child - exploitation issues, and be familiar with Federal and State statutory and case law pertaining to ICAC investiga&ons. Prevention and Educafion Acfivities Prevention education activities zre a critical component of the S*_ Pau1 Police iCAC Task Force Frogram. Supervisors and investigators are expecied to develop and lead preveauon programs to foster awazeness and provide practicat, relevant guidance to children, pazents, educartors, librarians, and other individuais conce�ed about child safety issues. However these presentations shall not depict ideniifiable vicrims nor shail they use pornographic or sexually Ta,.:....,...... D�o o+o,-� �hoit �±.7;g�,ygg in��ge+iQativa tP�h_ryimiec - 2:iYttut�ui.a.b�S. i..,S.,ii�,..i�u......... .._ -+`__. Media Relations and Releases Copies of inedia releases related to this uutiative wiJl be forc��azded through tne ICAC - linit Commander to the Pub�ic Information Office f�r disse:uina�on. Cepies-of-r.adio or video segments and press clippings will be used to promote and sustain public support for ICAC activities and circutated within the Review Board. Meclia re:eases relatng to presecutions, cr:me alerts or other matters conceming ICAC Task Force operations shall not include informafion re�azding specific investigative techniques o.� -� and should be coordiaated (when applicable) with other Task Force participants Federal lzw en:orcenent agencies, and State and local �encies involve3 in tlie investi2ation consistent wits sound information management and media relations practices. in each case, copies should'oe '�to.i r„ nTm� • -