08-865coun�aF�ie # D8—g(��
Green Sheet# 3056937
RESOLUTION
CITY OB SAINT PAUL, MINN
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1 RE30LVED, that the City of Saint Paul, Police Deparhnent, is authorized to enter into the attached
2 Joint Powers Agreement, which includes an indemnification clause, with Freebom County, acting through its
3 SherifFs Office for participation in the Intemet Crimes Against Children Task Force. A copy of said
4 agreement is to be kept on file and on record in the Office of Financial Services.
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Yeas � Nays n Absent � � Requested by Department of:
Carter
Thune
Adopted by Council: Date:
Adoption Certified by Co ncil Secretary:
BY� �/,a,4i��ir i/��iJ
Approved y yo . ate: �t ���
BY� �A.Lk���t-6-�--, �
By:
Approve M` or for S bmission to Council:
By:
Q:\FiscafAffairsWO&CR�2008\FreebornCtySheriffOfficexls
Approval Recommended by Financiat Services:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
������
Cor�ct Person & Phone:
Chief John Hamngton
26G5588
Must Be on Council Aqen
Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact: Evette Scarver
�
Assign
Number
For
Routing
Order
Contad Phone: 266-5541
ToWI # of Signature Pages (Clip All LoGatio�s for Signature)
0 oticeDepartme�ot PoticeDepartmept
1 oGceDeyarCment � policeDepariment i�
2 ' AKOrnev 1 CtitY Attoroev
3 avoc's OSLCe Mayor
4 ancil Council
5 City C7erk Ciry Clerk
6 olice De artment Police De artment
Signahues on the attached council xesolu6on authorizing the City of Saint Paul, Police Department, to enter into the attached Joint
Powers Ageement with Freebom County, acting through its Sheriffs Office.
itlations: Approve (A) or R
Planning Commission
CIB Cammittee
Civil Service Commission
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 personlfirtn possess a skill not rwrmally possessed by any
current city employee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Freebom County Sheriffs Office will participate in the Intemet Crimes Against Children (ICAC) Task Force of the Saint Paul Police
Deparhnent. Aythorization is needed to enter into the attached agreement.
Advantages If Approved:
Opportunity [o use grant funds to partnership with Freebom Counry Sheriffs Office to combat crimes against children.
Disadvantages If Approved:
None.
DisadvanWges If NotApproved:
Lost opportunity to use grant funds to parinership with Freebom County Sheriffs Office.
Trensaction:
Funding Source:
Financial Information:
(Explain)
CosURevenue Badgeted:
Activity Number.
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July 17, 2008 12:41 PM Page 1
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M�nnesatainte�et-G�i��s � £itildren.�ask�`o� ,. __,—_ ---
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Multi-A,gency Law Enforcement Agreement
This Multi-Agency Law Enforcement Agreement, and amendments and supplemenrs
thereto, (hereinafter "Agreement") is between the City of Saint Paut, acting thtnugh its Police
Departrnent (Grantee) and Freebom County, acting tbmugh its Sheriff's Office (hereinafter
"Undersigned Law Enforcement Agency") hoth which are empowered to enter into joint powers
agreemeu#s pnrcnant to Minn. Stat. § 471.59, Subd. 10 & 12, and is further empowered to enter
into this Agreement by Minit. 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 andlor 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 apglicable state and federal laws to
prosecute criminal, civil, and forfeiture acrions against identified violators, as appzopriate; and
Whereas, the Grantee is the recipient of a federal graut (attached to tlus Agreement as E�ibit
A) disbursed by the Office of Juvenile 3ustice 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 comguters by providing funding for equipmeni,
training, and expenses, including travel and overtime funding, which aze lncurred by law
enforcement as a result of such investigations; and
Whereas, the OJJDP Internet Crimes Against Children ("ICAC'� Grant Manager has been
established representing each of the existing ICAC Task Forces to oversee the operafion of the
grant and sub-grant recipients.
Now Therefore, the parties agree as follows:
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,
edncation and enforcement; and
The Undersigned Law Enforcement Ageney sha11 adhere to the OJIDP
ICAC Task Force Program Standards (attached to this Agreement as E�ibit
B), in addition to state federal laws, when conducting undercovex operations
relative to ICAC; and
Og�8fo5
2. Ail officers_contributedb3�-the-��ed ��w-Egfor ��en c=��o=-
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_— 13ie�vfmaesota��A�`I ask�oice shall be licensed peace officers or found by
the Minnesota Board of Peace Officer Standards and Training to have
comparable qualifications; and
When a contributed officer of the Undersigned Law Enforcement Agency
acts on the behaif of the Minnesota ICAC task Force within the scope of
this Agreement, the officer's actions are within the officer's Iine 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
4. The Undersigned Law Enforcement Agency shall indemnify, save and hold
harmless the Grantee, its representatives and employees from any and a11
claims or causes of action, including a11 reasonable attorney's fees incurred
by the Grantee, arising from the performance of this Agreement by the
Undersigned Law Enforcement Agency's officer/s!; and
5. AIl members of the Undersigned Law Enforcement Agency shall continue
to be employed by the same Law Enforcement Agency employer which they
were employed before jouung the Minnesota I�AC 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
6. The Undersigned Law Enfarcement Agency sha11 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
7. 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
8. The Undersigned Law Enforcement Agency must supply original receipts to
be reimbursed on pre-approved requests; and
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9. The Unders�ed.LawEn£orc�ment.Age�c3t-shal�--m ' �___ _. _ ord�__� ___-
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ev�ntio e�uca�"io " anc�enforcement activities to be
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collected and forwarded monthly to the Minnesota ICAC Task Force
Commander ar]us designee for statistical reporting purposes; and
10. The Undersigned Law Enforcement Agency sha11 participate fu11y in any
audits required by the OJ3DP; and
11 _ The Undersigned Law Enforcement Agency shail make a reasonable good
faith attempt to be represented at any scheduled regional meetings in order
to share information and resources amongst the multiple enrities; and
12. The Undersigned Law Enforcement Agency shall be solely responsible for
forwarding information relative to investigative targets and victims, to the
ICAC data system pursuant to the OJJDP guidelines; and
13. The Undersigned Law Enforcement Agency shali provide the Minnesota
ICAC Task Force Commander in a timely manner a11 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 Bepartment, or the Agency breaches the
Agreement.
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_ - �'erms offb�s`agreement:
This agreement shail be effectiva upon signatures. Nothing in this agreement shall otherwise
limit the jurisdiction, powers, and responsibilities normaily possessed by an employee as a
member of the Agency.
Jolm M. I�airington, Chic�£' of Police
Saint P.aul Police Depart��nt
Assistant St. Paul City
of Finandal Services
By and Tide
Aeencv
A�encvi certifies that the appropriate�ersonLl
have executed the �eement on behalf of the
Aeencv and its iurisdictional government entitv
as required b�aunlicable articles, lau�s,
by-laws, resolutions, or ozdinances.
Sheriff
John Ktuever
Freeborn County
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Q:ace o£ G^.e PssisCn: A�emey Ger._:,
3�z2oos
Mc.lahn Haningtan
City of Saint Paui
367 Grove SReet
Saint Paul, MN 55101-2295
De� Mt. Hazringtnn:
n���tara��e
O£ice of 3utice Pro¢-�s
{Yaahmgroq D.C. 1053J
�-� �-
On 6ehalf of Attomey General Alberto Gonzales, it is my pleasure to infoan you tf�at the Office of 7us6ce Programs has
aoproved your application for funding under the 077DP FY 2005 Intemet Crimes Against Children (ICAC) Continuations iv
the amo�mt of $450,000 for Ciry of Saint PauL
&iclased - yeu witl End uSe r;: A'.;ard on3 Spec:d C:.a:aBoas dce,:mec:;. Th.is s^: W d is e»b;ec*. L, a�l a�?•^in;s+±anve znd
5nancial reqUirexnentt, includmg the hmely submission of all fmancial and pmgammaticreports, resolution of a14 mterim
audit findings, and the maintenance of a minimum level of cash-on-hutd. Should you not adhere Yo these requicements, you
wi116e in violwon of tkie te+ms of t6is agreement and tLe awazd will be subject to terminazion for cause or otner adminisUative
acuov az appropria[e.
If you have questions regardiag this awazd, please contact:
- Progtam Questions, Chriseopher E. Aolloway, Progmm Manager at (202) 305-9838; and
- Financial Questions, tLe OtSce of the Comptroller, Customer Service Center (CSC) az
(800) 458-0786, or you may contact the CSC az askoc@usdoj.gov.
Cougratulations, and we look forward worl�ng wiit� you.
Sincereiy,
��
Tracy A. I-Ienke
Acang Assstant Attnmey GeneraL
Enclosures
-_ _ - -- -
---- ------ D^ouffi�coeJustice,
Office of 7utice Progams
Office of 3nvenile ausrice
� and Deiinqnency Prevention
Cocg°.-a8ve A,g*eement -
PAG2 1 Oi "s
I.4ECIPIISINAtrL�:.NDADDR_SS(tnc'vrimgLpCodc) I4AWARDNUMHER: 200�GCX-,TW8
Ciyof$aurtPaW .
36"1GOVeSrcttt �S.PROJECTPIItIOU.FROM 011012005 TO 06(iN100b
Samt Pail, MN 55701-2295
BUDG'cCPEftI04FROM Ot/012005 TO ON30.2006
I 6.AWARDDATE O6/0]2005 ].ACCfON
IA GRMifFIRS/VENDORNO. 8.SUPPLEMEMNUMBER w�
416005521 00
9. PREVIOUS A WARD AMOUM $ 0
3. PROIECf'(CfLE 10. AMOUM OF TRIS AW AAD S 450,050
Conrvta4on of Hw ICAC wnhin the Sdie ofMmnesata v�fh fhe poss�ble
addition ofNoM and Swth ➢akota 1 k. TOTAi. AWARD S 450,000
.2. SPEG":,:. COAD^lOhS .
THE ABOVE GRAM PROIECf IS APPROVED SUB�CT 20 SUCA CONDITIONS OR LIMITAITONS AS ARE S&T FORTH
ON THE ATCACHID PAGE(S)
13. STA7U'IpRY AUTHORITY FOR GEtAN'f
This pro�ecC �s mpported under 42 U.S.C. § S77S. et seq.
SS. MET410D OF PAYMEN"L
PAPRS
� 'AG&NCYAPPROVAL �
16. TYPID NAME AND TITLE OF APPAOVING OFFICIAL
Tracy A. Henke
Aaing Ass�staN Attomc,+ Grncrai
- GRAN TE E A C CEPT AN CE -
18 TYP6D NAhfE AND TITLE OF AVI'HORiZ6D GR4N7EE OFFICfAi
IaM H�ringmn
Ch�ef ofPOiia
:'. SSGNA7lJRHvF APPHOVING GPFlC1AL 19. S� iF+"RE OF
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AGENCY �£ Y �
ZQACC.`()•,^."`R:G.^...R°.,..P1°_.^./:'::C:JCODSe I >i, MC95TMro26
FISCAL Ff7ND BUD. DIV,
YEAR CODE ACL. OFC. REG. SUH. POMS AMOUNT I
X C MC ]0 00 00 45000f1 �
OT FORM EOW2 (P.EV. 5-87) PREVIOUS IDRRONS ARE OBSOLEIE.
d8 ��
lod.. DATE
OJP FORM 40002 (P.EV. 468)
68��1�s
n���at erz,��
Ofice of IusIIce Any :ms
Office o; Juvenite
- Justice aad Delinquency
Prevention
PA07ECTMJMHFR 200>MC�X-ri008
AWARL CONTLNUATION
SHEET
Cooperafive 9„°reement
AK'AADDhTE Ob'v:2CA5
SPECIAL CONDIT70NS
nec z oF 3
I. The r�ipient agrees to comply vrith the n'n�cial and adminimaUve reqvirements set fotth in the cuxrent edirion of tue
Office of Sustice Progruns (OJP) Financial Guide. �
2. T6e recipient aclmowledges tk�at failuw to su6mit an acceptaUle Equal Employment OpportuniTy Plan (if recipient is
sequired to submit one pucsuazit m 28 C.FS2. Section 42302}, tl�at is approved by the Office for Civil Rights, is a
violation of its CeYaned Assucances and may result in suspension or tecmination of funding, unul such lime as the
recip�ent Ss in eomoliance.
3. The recipient agrees to comply with the ornanizational audit requiremeats of OMB Circulaz A-133, Audits of States,
Loca! Govemments, snd Non-ProSt Orgmi�ahons, as fiuther described m the currcnt edition of the OJP Financial
;n:i3e ,^,.�pte. 19.
4. Recinient w�tieistands and agrea that it camot use azry fedexal funds, eiiher directty or indirecUy, in supoort of the
enac¢nent, repeal, modification or adoption oF any law, regulanon w policy, at any Itvel of goveznmeut, witUout the
express pria watYen approval of OSP.
5. The recipient sLatl submit sexmannual progiess reporte. Progress repor[5 shall be submitted witt�in 30 days afteY the end
of the reporting periods, which are Sune 30 and Decembe; 31, for the life of the awazd These renorts will be submitted
oniine through the Office for Juscice Progeams Grants Management System
6. The Project DireCtor and key progam personnel designated in the applicarion shatl be replaced only for comnelling
reasons and vrith tae coneunenee of vIP. CJP will no: imr�sonably w:tr,hold concucrenee. All sce:�se;s to key
peisonnel-must be approved, and such approval is contmgent upon subxnission-of appropnzte informa[ion, ineluding,
but not limited to, a resume. Changes in other pmgram personnel require oniy notlficauon to OIP and subrsussion of
res�es, �I�s cther:tise de.sigiztcd m t6e avrerd doci!ment
7. The recipien[ agrees to submit quarterly 5nancial reports on Standard Fo�m SF 269A. These reporfs will be submitted
wiLhin 45 days after the end of the calendar quarter, and a finai report is due 120 days follw�mg tkie end of the award
period. The icports shail be submitted W the Office of Jushce Programs, Grnnts Mauagement Sysum.
8. 'Ihe Office of Juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative A�eement rather
tLan a grant with fhe [ecipieai. This decision reflecis the mutual ivterest of the recipient and 077DP in the opem4on of
the project as well as the anticipated level of Federat involvemea[ in this nroject OSID°'s participazory role m[he
project is as iollovrs:
a Review and approve major woc$ plans, mcluding chaages to such plans, and key decisions pertaining to project
operatrons.
b. Rev�ew and apprwe ma?or nroject genernted documenrs and mazerids used in the provision of project ser+ices.
Pre�de guidance in s�anificant oroiect nlamine matines, and panc�ipate in project sponsored training eveats or
conferences.
9. The recipient agrees to suhmit a fipal report at the end of this arvard documenling all mlevaat project aclivities dunng
the enfire period of support under this avmsd ? nis :eport wil! ice2ede detailed information about ihe project(s) funded,
including, but �t limited to, infoxmation about how ihe funds wece acnialLy uss3 for each pumose ama, data to sapport
state:nents oi progcess, �d data concemwg individual :esults and ou:comes of iunded projecrs reflecring project
sucesses and impacts. Tt�e Snal ceport is due 120 days following the close of tlus award period or the ezpvarion of any
�t�nsion pcno35. Recipiem shall suomit an origiaal and one ewv of the repori
�
OlP FORM 4�W2 CREV.4-88)
6 g'8(e5 -
�n��or��ce
o��. otJ,ua� r�o�
Office of 3nvenile
Jnstice and Delinquency
Prevention
AWARJ' CQNTLNUATiQN
ST_? �.�T
Cooperative Aereemenf
?AG� 5 Oz 3
rxo�crxui.mm zoos-MCS�-xooa awnxnnare oua�rzoos
SPECIAL CONDTlIONS
10. Prior to the ezpenditure of confidenUal funds, iLe recipient and axry subrecioients agee tn si� a ccrti6cation indicating
that he or she has read, undastands, and agr�s w abide by a11 of the conditions penainin� to confidrntial fund
exvenditures u set frrth in the OJP Financial Guide.
l I. The recipient agrees iq designate one of the regional task forces as it� represenfative to tne iCAC Task Force Woticing
Group. I1us designaIIO¢ mus[ 6e in wxiung and forwarded to OADP for approval vntLin nineTy days of awazd
12. The zecipient agees to fonvazd reports of ICAC Task Force Prop Mouthly Performance Measures m the OSIDP-
, designated site.
13. The rccipient agrees to comply with the ICAC Task Force Prog�am Stanaards as esu�iishea oy cue iCAC Task Force
Working Group and anptoved by OIJDP.
1
J
om soxM s000n_ �aev. ¢as�
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ICAC PROGRAM
OPERA'TIONAL
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�-g�S
INVESTIGATI�'E STANDARDS
INDEX
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rlvn�x
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �age 1
Case Management . . . . . . . . . . . . . . . . . . . . . . . . . Pages 2 — 6
�'i. �Jori�pace and Equi�u�er�t Page 2
B. Case Predication and Prioritization Page 3
C. Record Keeping Page 4
D. Undercover Inv.estigations Page 5
E. Evidence Procedures Page 6
Information Sharing . . . . . . . . . . . . . . . . . . . . . . . Page 7
Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
Selection of ICAC Task Force Pexsonnel ....... Page 9
Community Education and Crime Prevention
�ictivi�ies . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 10
Me�ia Rela±ions and Releases . . . . . . . . . . . . . . . . Page 11
ICAC Program Operational and Imestigative Standardr
6 � /���
Effective Date: 3/08/02 ( �
Subject � Page 1 of ?
De�Il1�lOIlS �
As used herein, the following definition shall apply:
"OJJDP" is the Office of 7uvenile Justice and Delinquency Prevention.
"NCMEC" is the National Center for Missing and Exploited Children.
"CEOS" is the Child Exploitation and Obscenity Secrion of the United States
Attomey's Office, of the Department of Justice.
"ICAC" is the Intemet Crimes Against Children program composed of Regional
Task Forces and Satellites.
"REGIONAL TASK FORCE" is defined as an ICAC law enforcement agency
designated by 03JDP to act as a Regional Task Force.
"SATELLITE" is defined as a law enforcement agency that was selected to
receive an OIJDP grant to establish a satellite program.
For the purposes of this program, crime is defined as any ofiense that involves t,'�e
exploitation.of cYuldren facilitated by technology.
Investigative interest is established when there is reasonabie suspicion that a
screen name or other potentially identifiable entity has commirted a crune or that
entity is engaged in a sequence of activities that is likely to result in the
cominission of a crime.
A proactive investigafion 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 inwestigation involves the investigation of a complaint of a crime.
Reasonatile suspicion is esta'olished when s�c:ent facts ev,i�±te lead a law
enforcement officer to believe that an individual or organization is involved in a
definable criminal activity.
ICAC Program Operational and Investigative Standards
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��.. �orks��ce and! E�ui�ment
L ICAC computers and softwaze shall be reserved for the exclusive use
by agency designated ICAC personnel. When possible, undercover
computers, softwaze, and online accounts shall be purchased covertly.
No personally owned equipment shall be used in ICAC investigarions
and all softwaze sha11 be properly acquired and licensed.
2. ICAC personnel shail not use ?CAC computers, soitwaze or oniine
accounts for personal use.
3. Absent e�gent or unforeseen circumstances, all ICAC online
investigafions 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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�, Case Predication and
PY'i��'i����l�i�'i
1. Cases may be initiated by referrals from the CyberTipline, Internet
service providers, or other law enforcement ageacies, and by
information gathered through subject interviews, documented public
sources, direct observations of suspicious behavior, public complaints,
or by any other source accegtable under agency poiicies.
Z. ICAC supervisors aze responsibie for detemuning investigative
priorities and selecting cases for investigation. Assuming the
information is deemed credible, that deterniination should begin with
an assessment of victim risk and then consider other factors such as
jurisdiction and known offender behavioral characteristics. The
foilowine prioritization scale shall be considered:
_ __..._._ _— - . - -
a) A child is at immediate risk of victimization
b) A child is vulnerable to victimi2ation 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 pornography manufacturers or
distributoTS who either are commercial distributors, repeat
offenders, or specialize in sadistic unages
fl Manufacturers, distributors and solicitors involved in high-
volume trafficking or belong to an organized child pornography
rirg that ope:ates as a crnnuial conspiracy
g) Distributors, soiicitors and possessars oi iruages cf c�ld
pornography
h) Any othez form of chiid victimization.
ICAC Program Operational and Investigative Standardr
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6S �g�5
C. Record Keeping
1. ICAC units shall be subject to existing agency incident reportiug
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
Lhe se:..i-znn;;a: g:cgress :epert required b, r?�e Q:�ice cf ?
Pro�am's Financial Guide.
ICAC Program Operational and Irrvestigative Standm-ds
�
bg �gl�s
� Effective Date:
3/08J02 �
� Subject: Undercover Invesiigations � Page 1 of 1 �
; Case Management
D. Undercover Investigations
1. Carefully 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 sUSpecYs predilection to exploit children.
2. Investigators will be supplied with appropriate training and receive a
copy of the ICAC Operational and Invesugauve Standards
3. ICAC invesfigations sha11 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" Cir.1973);
U.S. v. Gamache 156 F. 3d i(1� Cir. 1998); U.S. v. Poehiman 217 F.
3d 692 (9�` Cir. 2000). ICAC investigators aze encouraged to wotk in
conjunction with their local prosecutors.
__ _.____. _ _ . .._. _ __._.._---.--- _._,._._.__..____�_.__.__
_. . ___ - -. -- - --
4. The following minimum standards apply to ICAC investigafions:
a)
b)
c)
d)
Only sworn, on-duty ICAC personnel shall conduct ICAC
investigafions in an undercover capacity. Private citizens shail
not be asked to seek out investigative targets, nor shall they be
authorized to act as police agents in an online undercover
capacity.
ICAC personnel shali not, electronically upload, transmit, or
forward pornographic or sexually explicit unages.
Other than photo�aphs of .law enforcement officers who have
proviaed fneir iniormed wrii�en coriseuy uv a� � u�==u^. �=w��s
shaii be upioaded, u�ansmitted, or iorwardzd by ICAC perscar.e?.
During online dialogue, undercover officers should allow the
investigative target to set the tone, pace, and subject matter of the
online conversafion. Image transfer shall be inifiated by the
*arget.
ICAC Program Operational and Investigafive Standards
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/: � i
____ -- �j - _�n�ercover o_uTuie acfivi€y sTa�T��-recor�d--anci-doe�x�eated--
Any depamues from this policy due to unusual cucumstances
shall be docsmente3 in the relevaat case file and reviewed by an
ICAC supervisor.
E. Evidence Procedures
The stozage, security, and destruction of investigative information
S}'^4�.�. �� C(SIIS:St� :: W:t.ti; 2�+�.^.Cy i,C�:C j�. E:CC�SS �C * ��S° . S;:C'�:,�C:
be restricted to authorized personnel.
2. ICAC supervisors should ensure that qualified personnel conduct
forensic
exainiuz.tions of computers and related evidence.
�_.._---..__- ---_,_, .. ___. - _--____. __.__....__. ,_. .... .__....__.----,--_�__..._—___.__._---__. --..------__
a. Chiid pornography is contraband and shou2d be maintained
pursuant to each agency"s poiicies regazding sucn. Abseni a court
order speciiically ordering otherwise, evidence contauung child
pomography shall not be released to any defendant or
representative thereof.
b. When providing evidence containing child pomography to ancther
law enforcement agency, such evidence must be hand-delivered,
digitally protected or sent via a delivery service which tracks the
shipment.
ZCAC Program Operational and Investigative 3tanciards
�
� -81v�
Effecuve Date: I ' I
� 3/08/02 �
Subject: � Page 1 of 1
Information Sl�arin�
1. Gonven�oaal bowdaries aze virtaally meaningless in the electronic world of
the Internet and the usual constraints of time, place, and distance lose their
relevance. These factors increase the possibility of ICAC agencies tazgeting
one another, investigaring the same subject, or inadvertentiy disrupting an
ongoing investigation. To foster coordination, collaboration, and
communication, each ICAC agency must contribute basic case information to
a common database.
2. Each ICAC agency shall contribute case iniormation on all acuve
investiga$ons (local, interstate, reactive and proactive) to a common database
as designated by the ICAC Boazd of D'uectors. This information should be
submitted at the earliest practical opportunity.
3. If any common target is identified, the uutiating ICAC agency is responsible
for contacting the other law enforcement agency targeting the suspect.
��� �"- -�- - 4 Initiating IGAG agencies should also consider contacting, other_ local, state,
and federal agencies which may be involved in similaz investigations.
ZCAC Program Operational and Investigatiue Standards
-7-
b�-S1�5
Effective Date: I I I
3/08/02
� Subject: � Pa2e 1 of 1
Sll OTVISIQIl
1. Each ICAC agency shall have supervisory systems and procedures, which
shaLi nrcvi�lz fo* obse*_vaticn, docur�en*aticn, and peacdic 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 shall be submitted to the Boazd
Coordinator at least 21 days in advance of the next regularly scheduled
meeting. Yroposais shouid be submitted using tne ioiiowing iormai and
inciude the following information:
a) goals and objectives ofthe operation;
b) personnel assigned and/or responsible for invesfigation;
c) duration of operation, i.e., projected start and stop dates;
d) offenses targeted for investigation;
e) investigative tazgets and limitation on government contact;
fl operafion scenario and techniques (language for contact letters and
-- - advertisemsnts must.be included.with.proposal); .. _,._ _ _
g) liaison and/or case referral procedures with Federal law enforcement
agencies (include the names of Federal agents when known) and;
h) other relevant information
3. The Boazd, at its discretion, may suggest amendments to the original proposal
following consultation with the presenting agency. Notice of the results of the
review of investigative proposais from satellites will be communicated to the
satellite representatives by the Board Chair.
4. The ICAC submitting the proposal for review may seek the support of the
Boazd.
ICAC Program Operational and Investigative Standards
�:�
/� . �
Effeciive Date:
3/08/02
Subject: � � Pa¢e 1 of 1
� Selection of ICAC Task Force Personnel
Managers and supervisors should evaivate prospective ICAC candidates for work
history 1 indicates pricr investigative experience, cowrt testimony skills, ability to
handle sensitive information prudenfly, and a genuine interest in the protection of
children.
ICAC Program Operational and Irrvestigative Standards
�
i
♦ • �
1. Prevention educafion activities are a critical component of the OJJDP ICaC
Progam. ICAC agencies should foster awazeness and provide practical,
relevant guidance to children, pazents, educators, librarians, and other
individuals concerned about ciuid 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 otherwise in the public domain; nor shall they use pomographic
or sexuatly explicit images. Presenters shall not discuss confidential
in.�estigz:ive techaiKUes.
3. No member of an ICAC Task Force may endorse any product or service
without the express consent of an 077DP 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 alternatives.
Program Operational and Investigative Standards
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�'�lP�
Effective Date:
3/08/02
Subject: Page 1 of 1
li�Iedia �2eiat�o�ns and 12eleases
TviP.uia i�i�3S�S I�ia ui� iv YivS�°.CuuCiiS� Ciuii� nieiiS 67 Gui�2 uiBiieIS CGiiC2lTiius
ICAC operations shall not include information regazding confidential investigative
techniques and should be coordinated (when applicable) with other Task Force
participants, Federal law enforcement agencies, and State and local agencies invoived
in the investigation consistent with sound information management and media
relations practices.
ICAC Program Operational and Investigative Standards
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• �
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- - Saint Paff1 PoIi`ce I�AC Task Force
(3ntemet Crimes Against Children)
Policy Statement
Policy Purpose:
The puipbse of ttus policy is to establish resnonsibilities and widelines regarding the St. Paal
Police Departments response to reports of exploitation of children, and the possession and
distribution of child pomogtaphy using computers.
Policy Statement:
It sha11 be the poiicy of the St. Pau1 Police Deparhnent to adhere to strict guidelines with respect
to investigations of computer related child exploitation. The standards adopted pursuant to thi s
�GAiG� uAiliCii TsiOSB y.eSCiw�.'�i �y v�i7C� vi � u'✓�a11� +2+St:C. 3u� v�.iIlCj':: D.�'.`J�^.�''.O,T.S�S
(OJJDP) InCernet Crimes Against Children (ICAC) Task Porces, and ensure compliance with
those protocols accepted by the Federal Bureau of investigafions (FBi�, U.5. Customs, and the
U.S. Postal Inspector's O�ce.
Definitions:
A broactive investieation is designed to identiiy, invesugate and prosecute offenders, which may
or may not involve a specific target, and requires online interaction and a significant de2ree of
pre-operative planning.
A reactive investi2ation involves the investigation and prosecution of a known target(s), and
whete the need to proceed with the invesfigation is urgent. It also includes a response witl�in the
community or area of jurisdiction to a spec�c complain brought to the deparnnents attention by
another law enforcement agency, a reputabie source of information such as the Cyber-Tipline at
the National Center for Missing & Exploited Children or a lazge Internet S.ervice Provider. The
department must also zespond to complaints made by citizens, scnoois, Ii�raries, or businesses
who believe illegai material bas been hansmitted or potentially dangerous situations, such as
child lure attempts have been communicated through the Internet.
i'IlO i.oiiu iuiciu2i �i7iiai,S � ie�cu;,S� f,'�'�,.'�"�B rtr 0�'\;rrl„riPC hnth nrnartiyP anc� rea�tiVQ
�,......� ......».,.... ......_ r '.._' _
investigauve acuvities as :,u`1•;ne3 abave.
An investigation is deemed to be urgent when there is a reasonable beiief that the target presents
an imminent fhreat ta the well being of another person.
Procedures: . - - ---_,_ _------ -- — --� `___
Work sgac� and E�;:iYmeat
Inter�et C Agaiast Children (ICAC) compuiers and software shall be reserved for
the exclusive use by denartment designated ICAC pe:sonnel. When possible, undercover
compute�s, soitwaze, and online accounts shall be purchased covertly. No personally
owned equipmenf shail be used in iCAC investigarions and z i3 soicwaze shaii be properiy
acqu'ued and licensed.
All ICAC oniine investigations shall be conducted ?n governmenf work space zs
designated by the deparltnent.
Care P:adicaaon and Priorifization
Cases may be initiaced by referrals from the CyberTipline, Internet Service Providers, or
other law enforcement a�encies, and by information eathered through subiect interviews
documented public sources, direct observations or suspicious behavior, public
complainis, or by any other source acceptable under cutrent deparhnent po7icy.
ICAC Supervisors aze responsible for detc�m,n;ng investigafive priorities and selecting
cases for investigation. Assumuig the inforznation is deemed credible, that determination
should begin with an assessment of victim risk aad then consider other factors such as
jurisdiction and known offender behavioral characteristics. The following prioritization
scale was established by the ICAC Task Force Review Boazd and wi11 apply to the
assignment of cases within the department: '
1. A child is at immediate risk of victimizakion;
2. A chi]d is vulnerable to victimization by a kttotvn offender;
3. Known suspect is ago essively soliciting a child(ren);
4. Traders of images thaY appear to be home photob aphy with domiciled children;
5. P.ga essive, high voiume chiid pamograpny traders who either aze commercial
distributors, _*epeat offenders, or speciaiized in sadistic images;
6. Traders and solicitors involved in high-volume tr•afficking or beloag to an
organized child pomography rittg Ehat operates as operates as a criminal
conspiracy;
7. Traders in previousiy icnown inlages;
8. Traders in digiratly aiiered images.
Record Keepiag
T�Z�"C investi unifs sliali tie sub�ecTto t}ie'e�stiva aenc ortiria rocedvre and
g 7 a� Y P oP
case supervision s3>stems. Invesagators will obtain. a case number at the outset of each case and
fully document their activities through the completion of iniha.l ans supplemental reports.
RepoxTS csill be compieted and reviewed by a supervisor in a�mely iashion. Investigation aad
/ �
_.__ _ _ _
-- case maa�ges�enr acfi��tes �zi}lt�cc��a�ccordance witlz e�isung deparnnenral policies and
-- proce uies. Closeout reports witL mcucate the manner m whicn a czse h2s oeen resolved ti�itn
copies fo,-warded io the prosecutors office andlor the law enforcement agency continuing the.
inves�igation when applicable.
Undercover Invesfigations
Cazeiuuy managed undercover operafions conducted by weii-uained oihcers ue among the mosi
effective techniques availabie to law enforcement for addressing ICAC offenses, Undercover
opera�ions, when executed and documented properly, coileci vZrtually unassaiiahle evidenca
re2ard�ng a s�spect's predilection to seYUally exploit childrea. However, these inves�gations
can trig�er serious legal and ethicai considerations because of concern that inappropriate
government conduct may induce aa ofher�ise innocen2 citizen into committing a cr;me.
All investigations shall be conducted in a manner consistent with the principles of
due process. Task Force investigators sha11 avoid uniawful inducement of any
indiVidual not othe_rwice �isgosed to co�it the offenses be�ng investigated, and
will not engage in conduct thai is shocking or offensive to notions of fundamental
fairness as descrioed in appucabie case 1aw.
� Officers should aiways be awaze that their actions, in addiuon to those of the
offender, may be at issue in deciding if chazges aze brought, whether refenals to
other law enforcement agencies aze acted upon, and in determinfng the guilt or
innocence oi tne oiiender at trial. 1�ereiore, it is criticat that tkus task force wark
closely with local prosecutors when investigating ICAC offenses.
Accordingly, the iolTowing minimum standazds apgiy tc undercover iaves�gazions
bp the task force:
a) Only sworn on-duty ICAC Task Force personnel shall conduct ICAC
investigations in an undercover capacity. Privata citizens shall not be asked tp
seek out investigative targets nor shall tkey be authorized to act as police agenis in
an online undercover capacity. .
b) ICAC Task Force personnel shall not, under any circumstances, upload,
tTanam;t, or forw2rd porno�ap?��c or sea�zalIy explicit images.
c) Othe: than photographs oT Iaw eaforcement oxncers who nave provided tneir
informed written consent, no human images shall be upIoaded, transmitted, or
forwazded by ICAC Task Force personnel.
d} Other tuan aut}iorized a�iove, iaiages considered fo"r �.iploa�iag shall be
approved by the ICAC Task Force Project Director and reviewed by a locai
prosecutor. Images uploaded for investigative purposes shall be nonhuman and
encrypted. Sexuaiiy suggestive fiues snall not be used.
b�'gr�� -
-- __ .__
: _. _._
-- -
_ _ --
----_ __ � I1� nal�,�a3og�e,�mdercover o�'scers should allow the investigati*ae
_-- tar�ef to sef the foae, pace, znd subject ma�er of+he ori;ne convers�on. �aQe
_ uploadina shall be initiated by rhe tar�et
Evidence Procedures
Aii undercover on3ine activiry shaii be recorded and documented. Any cteviations from this
policy due to unusual circumstances, shall be documented in the relevant case file and reviewed
by the IC<vC Tasic Force Commander.
The storage, security, and destruciion of investigative information shall be consistent with
agency policy. At a r��n;mum, inforrnation should be maintained in locked cabinets and
under the control of ICAC Task Farce personnel. Access to these fiies shouid be
restrieted to authorized personnel with a legitimate need to l�ow.
Task Force sizpervisors shduld en_,�ure that forensic exauiinafions of computers and related
evidence are conducted by qualified personnel that have received specific training in
computer forensics.
Information 8haring
Convenfional boundaries aze virLuaIly me in The electronic world of the Intemet and the
usual constraints of time, piace and diskances Iose their relevance. iliese iactors inerease the
possibility of ICAC Task,Forces targeting one, another,_investigating the same sub}ect, or
inadvertenLly disrupfing an angoing investigation. To foster coordination, collaboration, and
communication, �77BP requires that each TCAC Task Force contribute basic case iafo:�a.tion to
a common database. Federal Guidelines have been established through the Departnient of
7ustice's ICAC Task Force Infornzation Sharing Worldng Crroup. The OJ7DP Task Force
Review Board reviewed, modified, and adopted the below information sharing system and
procedures. The St. Pau1 Task Force will comply with these guidetines.
Task Force investigato:s sha11 contribute bzsic and case update info_�a+�on on al1 cases
(locai, interstate, reactzve and proactive) to the Case Deconfliction Srystem maintained
through the Law Enforcement Data Exchange (LED�.
2. $asic case infoimation shati include, but is not limited to:
a} Submitfing Task Force
b) Person submitting information
c) Telephone number for verification p�uposes
c1} ISate oi sufimissian
e) Brief synopsis of invesii�ation
� Qffender screen name(s)
g) Idenfifiers (U�RL., FTP, Newsb oup, TP Address)
�
i) Other suspect iniomzrion (ii known)
j) Undercover offrcer screen name(s)
Case update inzormation shaIl include, but is not Liu�ired io:
a) Submitting Task Force
bj Pezson submitting inTormation
c} Z'elephone number for verificataon purposes
d) Date of submission
e) Date investigation initia.ted
fl Identity of subject(s) including address, daie af birth, sociai security number,
address (when available)
g) Criminal proceedings (e.g., arrest, indictment, seazch warrant, conviction, etc.)
h} Sentencing information (when available) ,
4. Each ;nvesCg3tor wor7�tta w!*h the ICA r�k f�rce will sia up foT a_ccess to LEDX vi2
their website. Information on how to gaan access will be provided by the unit
commander.
5. Each investigator shall query LEDX once they bave established an investigative interest.
For the purposes of the ICAC Task Force Prograsn, 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 potential}y identifiable entity has engaged in a
_ sequence_ of acfiyities that is likely to lead to the sexuat_ex of a child.�Assuming
no other active investigations aze discovered and that reasonable suspicion is present to
initiafe an investigaiion, the agency wiI: sub�t czse inforn,lation ta LEBX. Fzc� Tzsk
Force should submit tlus information within 24 hours of initiafing the case or as soon
thereafter as possible.
6. If any duplication is found, the initiating investi�ator is responsibie for contacting the
other law enforcement agency.
Additionally, initiating investigators should also contact tl�e U.S. Customs Cyber
SmuggIing Center (703-293-8005) to ensure there is no duplication with regazd to their
ongoing investiga�ons. Similazly, once au offender has been identified and assoeiated
with a known address, contact shoutci be made with the U.S. Yostai inspector responsioie
foz cluld sexual exploifation offenses whe:e the offeader resides.
E�st depa-i�nental supervisory systems and procedures snzll apply, wirh specmc
empbasis on observarion, documentation ana periocic evaluation of cases assigned to
undercover invesiigators. Written directives will rerlecf �e principles oi auality case
management and easure that ICAC Task Farce acriviries compty �vith both a;ency and
ICAC Task Force Standards.
2. At a minimum, mauagement or supervisary policies attd practices sha$ include:
a) review of daify ICA� Task r orce investigative reports;
b) periodic review of undercover session recordings;
c) direct participation in formulating ICAC Task r orce investigative plans and
establishing investigative priorities;
d) development of work schedules including approval of specific overtime expenditures;
e) assessment of equipment and trainin� needs; and,
ij ieV:E'N a".Ilu 3.�iYivVBi Gi uu'j i.�..r�i� TflSiC �vZC.° �SC� u.?x�.°.iS.
Selecfion of ICAC Task Force Personnel
Whiie e�sting agenc j personnel procedures apply, managers and supervisors should
evaluaie prospective ICAC Task Fozce candidates for work history that indicates prior
investigative cxperience, court teskimony skill, ability to handle sensitive information prudendy,
and a genuine interest in the protection of chiidren.
- Task Force members should be coFnputer literate, knowle3geable regarding child -
exnloitation issues, and be familiar with Federai and State statutory and case 1aw pertaining to
3CAC investigations.
Prevention and Education Activities
Prevention education activities aze a critical component of+,be St Pai1 Police ICAC Task
Force Frogram. Supervisors and investigators are e�pectad to develog and lead prevention
progtams to foster awareness and provide practicai, relevant guidance to cliildren, parenTs,
educators, Iibrarians, and other individuals conce:�ed about child safety issues. However, these
presentations shall nat depict identifiable victims nor shall they use porno�apbic or sexually
t:,.:.:..-.. �.e m,- h ii „�����„ g jny ciioativP tPr_.hnirtnP
Gh�1114J11313J.�1i.�. A 1V.��uw.a.S �u�4u �aQ w5 �.v�.. _ Z _ .S. '
Nledia Relations and Releases
Copiss of inedia releases related to this initiative wili be forwarded through the iCAC
- linic Gommander to the Pubiic Infosxuation Office f�r dissemination. Copies-of.radio or ��ideo
segments and press clippmgs wilI be used to promote and sustain public support for ICAC
activities and circulated witfiin the Review Boazd.
Media releases re:ating to prosec�utions, cr:ne aierts or other matters cottcerning iCAC
Task Force opezations shall not include information regazding specific investigalive techniques