09-883Council File # (��
Green Sheet #3072900
RESOLUTION
CITY O,F SAINT�PAUL, M{NNESOTA l�
Presented by
1 RESOLVED, that the City of Saint Paul, Police Department is authori2ed to enter into the attached Joint
2 Powers Ageement which has an indemnification clause, with the City of Eagan, acting through its Police
3 Department for participation in the Internet 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.
Bostrom
Hazris
Adopted by Council: Date �
Requested by Department of.
By:
Approved by h Of inanc 1 S�
By:
Appro� d y ity Attomey
By: '�/ V `
Anurove a or fo $qbmissiop� to
Adoption Certified b Counci ecretary By:
By: r �
Approv y Ma or: ate p �'�/
$Y ' — —
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet G�een 5heet �
- - - , -_.- - �� 8g3
, � �� ; Green Sheet NO: 3072900
,, P p _ PoLce Depadment ! py,yUL-09
Confad Person & Phone: �- -_^�- -� —'�_�- ���ent � - - - - � Seat To Person InitiaUDate .^. -,
: Chief John Harrin4ton � , 0 PoGCe Department __ Pohce Departmeok-' __ ,
� ._ ' _ �__, _ _-� '
26&5588 � � 1 YofimDepartment_ _ __;�_Po_TiceDepartmene
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Must 6e on Council Agenda by (Date}: ,' µym yeT � Z City_Attome� _. __ ._ � C� Attoroey _� �%__.
� � For '� 3 Financial Sernces _ _ _ Directa� FSO � _ _ __ _
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� __ _ _ _ - _ _ _ - _ _ ' Routing � 4 7Nayor's�ce __ _ .__.__ _ _ �; Mayor_ _ __ _' _ ____ _.__ �
, . -_'_ __ __, - - __ . __� .
RESALUTION i prder 5 r Connai - -- ;; Conncil � __ _ _ ___ _ '
Dx. Type: [ ._- , - ..,. -_ _ _>� . _ _
� � ,� 6 CiN Clerk _ _ _ _ _ _ _ ;'�� City Clgrk _ _ � ;
_' _ _ _ ._._.__
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i E-DocumentRequired: Y � 7�OliceDepartmen,t _ , PoLceDeparhnent___, __
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Document CoMact: Eve11e Sprver ; �i
r Total#ofSignature o Pa9s 6 �(ClipAllLOCationsfor5ig�nature� .��.�...--------�---- ---�-��----�--�--�---�--��--��-�-�-_--'
- -- - - - -- - --- -- - -- - - --
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� Action Requested;
Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department to enter into the attached Joint �
; Fowers Ageement with the City of Eagan Police Department. I
- - - - - — — ----- — _______— -- ----
! Recommendations: Approve (A) or Reject iRl� i Personal Service Contracts Must Answer the Following Questions:
j PVannin8 Commission
� 1. Has this persoNfirm ever worked under a contract for this departme�t?
� C16 Commiflee I Yes No
� Civil Service Commission I 2. Has this persoNfirm ever been a city empfoyee?
� � Yes No
; � 3. Dces this persoNfirm possess a skitl not normally possessed by any
�, � current city employee?
� � Yes No
I � Explain a0 yes answers on separeM sheet and attach to green sheet.
f -------- ��-----------___---- - -
- - - -- ----- ----------- _-- - - - --- - - ----__--- ----
� Initlating Prohlem, lssues, Opportunity (Who, What, When, Wher¢, Why):
' The City of Eagan Polioe Department will particpate in the Intemet Crimes Against Children (CAC) Task Force of the Saint Paul
� Police DepartmenY. Authorization is needed.
_ _____-- — -- -- -- - -- ----
AdvanWges If Approved:
Opportunity to use grant fuuds to partnersHip with the City of Eagan Police Department.
i
i l Disadvantages If Approved:
None.
�
i
' _ '_ __ __" _ _ ' _ _"_____"_"__- _.-_-__-'__-
i Disadvantages It Not Approved:
L ost opportuniry fo use grant funds to combat intemet crimes against children.
i
- - — --- - --------
� Total Amount of
�f�
a � �p
—_ ; � � � fi -°. '�$ � "
Transaction: CosHRevenue BudgMed:
; Funding Source: 436 Activiry Number. 34056
� FinanciallnformaGoa:
(Explain)
I
July 21, 2009 9:14 AM Page 1
Dg-gg�
Minnesota Internet Crimes Against Children Task Force
Multi-Agency Law Enforcement Agreement
This Multi-Agency Law �nforcement Agreement, and amendments and supplements
thereto, {hereinafter "Agreement"� is between the City of Saint Paul, acting through its Police
Aepartment (Grantee} and City of Eagav, acting througk its Police Departm.ent (hereinafter
"ITndersigned Law Fuforcement Agenc�') both which are empowered to enter into joint powers
agreements pursuant to Minn. Stat. § 471.59, Subd. 10 & 12, and is fiuther empowered to enter
into this Agreement by Mimi. Stat. § b2fi.76; and
WheCCBS� the Grantee is the recipient af a federai grant (attached ta this Agreement as E�ibit
A) disbursed by fhe Office of Juvenile 7usfice and Delinquency Prevention ("O7JDP"� in
Washiugton, D.C.;
Whereas, the purpose of the gcant funds is to provida law enforcement ageneies funding for
equipment, haining, and expenses, including travel and overtime funding, which are incurred by
law enforr,ement in connection with and for the investigation, prasecution, and prevention of the
illegal exploitation of children which occurs through the use of computers ; and
Whereas, the parties aze desirous Yo enter into this agreement and work and cooperate as a
multi-agency task force intended to invesfigate and pmsecute cnimes committed againsE children
and the criminat �pioitation of children that is committed and/ar facilitated by or through the
use of computers, and to disrupt and dismantle organiz.ations engaging in such activity; and
WheTeas� the parties agree to utilize appiicable state and federai laws to prosecute eriminat,
civil, and forfeiture actions against identified violators, as appropriate; and
Whereas, the 0J7DP Tntemet Crimes Against Children ("ICAC"} Gxant Manager has been
established to oversee the operation of the grant funds awarded to Grantee; and
Whereas, the Grautee desires ta provide funding to the [Tndersigned Law Euforcement Agency
for training and provide equipment which is purchased by Crrantee with grant funds to the
Undersigned Law Enforcement Agency for its investigation, pmsecution, and prevenrion of the
illegal exploitation o£ children which occurs through the use of computers within the
Undersigned Law Enforcement Agency's jurisdiction,
Now Therefore, the parties agree as follows:
The parties to this Agreement approve, authorize, and enter into this Agreement
with the purpose of implementing the objectives of the 07JDP grant objectives to
combat Internet Crimes Against Cluldren, to wit: prevention, education and
� i:
enforcement and pursuant to the foilowing:
'I`he Undersigned Law Enfarcement Agency shall adhere to the 03JDP
ICAC Operationat and Investigative Standards (attached to this Agreement
as E�ibit B), in addition to state and federai Iaws, when conducting
operations relative to ICAC; and
2. AII personnel of the Undersigned L'aw Enforcement Agency who are
assigned to any ICAC investigation within its jurisdiction or assist any
outside jurisdiction in an investigation that is in part within the Undersigned
I.aw Enforcement Agency's jurisdiction shall be a licensed peace officer or
found by the Minnesota Board of Peace Officer Standards and Training to
have comparable qualifications.
3. All police officers of the Undersigned Law Bnforcement Agency who are
assigned to any ICAC investigation within its jurisdiction or to assist any
outszde jurisdiction in an investigatian that is in paxt within the Undersigned
Law Enforcement Agency's jurisdiction shall not be deemed to be an
employee of Grantee or the Minnesota ICAC program and is anfl sha11 be
deemed at all time as an employee of the Undersigned Law Enforcement
Agency. The police officer of the Undersigned Law Enforcement
Agency who is assigned to any ICAC investigation within its jurisdiction or
to assist any outside jurisdicrion in an investigation that is in paxt within the
Undersigned Law Enforcement Agency's jurisdiction sha11 continue to be
employed by the Undersigned Law Enforcement Agency and a1I services,
duties, acts or omissions performed by the officer will be within the course
and duty of 3us/her employment with the Undersigned Law Enforcement
Agency, and therefore, are covered by the Workers' Compensation
programs of and will be paid by and entitled to fringe banefits by the
Undersigned Law Enforcement Agency.
4. Each party hereto agrees that it will be responsibie for its own acts and/or
omissions and tl�ose of its officials, employees, representatives and agents
in carrying out the terms of this Agreement and the results thereof to the
extent authorized by law. A party shall not be responsibie for and the other
party shall indemnify and hold the pariy ha�mless for the acts andlor
omissions of the other party and the results thereo£ It is understood and
agreed that each party's Iiahility sha11 be limited by the pravisions of
�-�'�
Minn esota Statutes, Chapter 466 {Tort Liability, PoIitical Subdivisions) or
other apglicable law. Nathing contained in tlus Agreement shall waive or
amend, nor shalI be consiz�ed ta waive or amend auy defense or immunity
that either pariy, or their respective officials and empioyees, may have under
said Chapter 456, or any common-law immunity or limitatian of Iiability, all
of which are hereby reserved by the parties hereto
5 'Tbe Undersigned Law Bnforcement Agency has the sole discretion in
determi_ning whether its personnel wilI attend training or participate in any
investigation conducted under the ICAC grant program.
6. If the Undersigned Law Enforcement Agency intends to conduct any ICAC
related operations for wbich it desires funding assistance from Grantee, the
Undersigned Law Enforcement Agency shatl first request assistance in
writing to the Grantee for presentation to the OJJDP ICAC Task Force
Board of Directors.
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 fuuds from the Grantee.
The Unaerszgned Law Enforcement Agency must supply original receipts to
be reimbursed on pre-approved requests.
4. The Undersigned L.aw Enforcement Agency sha1l maintain accurate records
pertaining its prevention, education, and enforcement activities on the
form(s) provided by the Grantee, to be collected and forwarded monthly to
the Grantee or its designee for statistical reporting purposes.
10. The Undersigned Law Enforcement Agency shall paxticipate fu11y in any
record-keeping audits required by the O7JDP.
1 l. The Undersigned Law Enfarcement Agency shall make a reasonable good
faith attempt to be represented at any scheduled regional meetings in order
to share information and resources amongst the multiple entities.
12. The Undersigned Law $nforcement Agency shall be sotely responsible for
farwarding inforrniation relative to investigative targets and victims to t1�e
� ji
ICAC data system pursuant to the OJJDP guidelines.
13.The UnBersigned Law Enforcement Agency shall return to tiie Grantee in a
timeiy manner all investigative equipment acquired from the Grantee in the
event that: future federal funding is no Ionger available, the Agency decides
to dissolve its binding relatianship with the Minnesota ICAC Task Force
and the Saint Paul Police Department, or the Agency breaches the
Agreement�
(The rest of this page is intentionally left blank)
0
D� -�S�6�J
'Terms of this agreement:
This agreement shall be effective upon signatures. Nothing in this agreement shall otherwise
limit the jurisdidion, powers, and respons�`bilities normally gassessed by an employee as a pariy
to this Agreement
�'
7o1m�Iv1. Harrington,.Ckuef of Police �
Saint Paul Police bepartment
�__ �
Assistant St. Paul City Attomey
�
Director of dffice of Finan�iat Services
CTTY OF EAGAN, a Minnesota
� , ;" v `-, cipal Co �ration
�l !�f(T
Mayor: Mike guire
`��'���� �;��--
Attest by City Clerk: Maria Petersen
__.,�
Date
Date
i
�
\
bv iaws. resolutions. or ordinauces.
�
�-���
�i��r :-
.�
OfSw ofthe Assismar Attomey Ge¢eiat �y r �,;.� a ,, nc. zos3t
Septembet 26, 2007
Ckief John M. Haniagton
Ciry ofSaio2Paul
15 4JevtlSellagg Bonlevard
SL Faul, MPI 55102
Dear CWefHa�ring�nn:
On behalf of the Attomcy General, it is my plcasure to infoim you tUat the Office uF7ustice Progams has appraved yow
applicetion for fundiog under the OJ7pP FY 07 Building iCAC Furensic Cepacity m the amaunt oF$200,000 for City of Saint
Paul.
Ectclosedyou wilt find the Gcaat Awacd a¢d Specia4 Conditians dacuroents. Tlus awa�d is wbject to aU adwiaisttalive and
fina+�ciel requirements, includi� t}�e timely submission o£all finzncisl and progiammatic reports, resolution of all incerim
audit 5ndings, and the uwwfe�nce of a minimum leve� of cash-oa-hand. Should youaot adSece ta t6ese requ¢emems, you
will be invioSation of Ihetefms atthis ageement sad ihe awazd will be suhject so te�mina4on fm cause ox othec administrative
actiou as uppcopriate.
Ifyou have questions �egarding tfiis award, please con�ac4
Prog�am Questions, 7acqueline OReilly, Program Manager az(202) 5145024; and
Finapcial Quesdoos, the Office of the Comptroper, Customer Service Crnter (CSG� at
(800) 455-0786, os you may conGCt the CSC at esk.ocQusdoj.gov.
Cougrawladous, and we ]ook fm�ward m wozkiu.g with you.
Sincerely,
���.�`��
Regina B. Scho6etd
Assis�entAftomey Ge�eral
Enclosures
EXH181T
� T�
tY�'�5�
Deparrmem of JosRCe
� Office of 7nstice Pzogcams
PAGE ] QF 3
Office of Juvenile Justice Cooperative AgreemenE
and Delinquency Prevention
i.aecem+rw�n�nt�noneessao���eupcod�� a.nwa��esx= zoos-MC�acoos
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BUDGETPERIW:FROM dllalfWDS TO Vl31/2DU9
GAWAiCDDATE WR6llW7 7.ACfION
IA.ORANTEEJRSNENDDRNO, &SUPPLEMFltTNUhiBER S"PP�d
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S.PROJECfT1TLb IO.AMOUdTOFTFIISAWAAO $200,OOD
dlioixsWn Cam�wta Fwmsi¢ Memgrnicat Initietivc
lt.TdTALAWARD $ t,t50pOQ
12 SPECIAI, CQNDtf[OMS
THHA90V& GINNTPA0J6CT IS APP&OVED S[IHIECf TO SUCH CONDITTONS OR WNITAT[ONS AS ARS SEt FOR'fli
OryTHSATTACH6DPAflfi(3)
13. SfA'['[PI'ORY AUTHOR[fY FORGRAN'f
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15. [dC1430D OFPAYMEt�'f
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� AGFNCYMPROVAL GRANTSEACCEPTl�NCE
16.'}'YPfipNAMGAA'DTI'Pt.EOi' APPftOViNO OEFICIN. 18. TYP6D NAME PSID TfLLEOF At(CHORIIBD GRAN['SG OP£i(,7AL
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X B D6 70 OD 00 2W0��
OIP FORM40�02 (REV-5-8Z) PBSVLOUS E�IT[ON3 ARE 0630LfiTE.
01PFORM dWM (REV.488)
' i �
]hperimeut of Jusrice
Officeof7usticeProgams AWARDCONTINUATION
Office of Suveniie SHEL�"T raca s oF 3
Justice and Delinquency Cooperafive Agceeme¢k
Prevention
rnRO�crx�rasm zoos,uc�c-ccooa AWARDDATE osrzsnoo�
SPEG6L COND/TTONS
1. 'i'he iECipient agxees ID comply with the fmanc'ral and admivsharive rzyniieme�s set farth in ffie cartent edition Of 1Le
Otfice of Justice Progrerns (OJP) Fivaacial Guide.
2. TnerecipientactmowiedgesthatFaiLuretosubmitaaacceptabieFqua4EmpbymentOpportuniryPfan{ifr�ipie¢tis
requued hi submit oce pmsuaut to 28 C.F.R. Section 42302), that is apgxoved by the Oflice for Civil Righis, is a
violatian of its CeiffiSed Aasurances and may resutt in suspension or termination oF tun8ing, until auch rime as the
recipient is iu complisnce.
3. 77ie recipiart ay�ees io wmply with the organi2ationet audit requizert�ents oFOMB Cucular A-133, Audiis of States,
LocaL Govemn�enis, and Non-Piofit Oxganizatious, as further described ia We cur[ent edition of the O7P Finencial
Guidq CLapter 19.
4, Recipicnt undciatands and a�es that it cannut use any fedeml funds, either dicccdy oc indicectfy, in suppart of ihe
enactmeny repeal, modifxstion or edap6on ofany Iaw, regulation or poGcy, at any Ievel of goverament, wiihout ihe
exp+cccprior wtitten approval of OfP,
5. The appfirant 6udget is pending wview or appmva4 The recipient may unt obligate, expend ur dcaw duwn a¢y gtant
fu¢ds u¢til tlte Office of the Campttollec, Office af 7ustice Ptograms hes iasucd clearnnce of the application budget, aud
a Oant AdjusmmntNotice has been issved relnovmg tfvs special conditi�n.
6. 'Cne Projwt Director and key prog�am personnel designated in the appiication sha7t be replaced outy for compelling
ccamus and with the concwrence o£OJP O.iP will not unreawnebly withhold coucurrence, Atl s¢ccex�rs m key
persannd must be appcoved, and such appcoval is cnntiogent upon su6mission of eppropriate infoxmalion, inci�ding,
but not ]imited to, a resume. Cimnges in oUUC progrzmpeiso�el xequ"ve only naificallon m O7P and submissioa of
rwumes, nnle,cs ot6envise desigmted m She awazd documept
?. The zecipieot agecs w su6mitquartec[y &na¢csal staas mports m the Office of Iustice Progams using Standacd Focm
SF 269A on tiie Intemet az https:!/grants.ojp.usdoj.gov . These repoets siiall be submitted omliae not later than 45 days
a8e� the end o£each culendaz qi�arter. The final repon shali be submitted not 3ster t6an 90 days foilowing the end of
8ie gtanY period.
8. The recipient shall aubaut untianoual progsesa zeports. Prog�ess reports siia➢ he submitted within 30 days at�r the end
offhe ceponing periods, w6sch are 7une 30 and Decembcr 31, fa the Sife o£the awazd, tl�cse rzpum will be submitted
to ihe Office of Juslice Pxogixa�s, on line-rhrough ihe Irtemet at https:!lgtants.ojp.uadoj.gov),
9. Approvai of this award does mt indtcate appmvai nf aay ca7sultaot xate in ezcess of $450 per day. A detai(ed
justi�icetion must be submitted W and appcoved 6y tbe O£fice of Justice Brog(ams (OJP} pxogczm offiee prioz ro
ubliga0on or expenditwe of such fimds.
10. TLe recipieot agree.s to oomply with tLe ICAC Task Force Program Standards as esmblished by tlw LCAC Task Focce
Adv�sory Boaid and appmved by OADP.
I I. 11e eecipia�t ag�ecs to fnrwarti reports af ICAC Task Fome ProgramMout6ly Performance Measures W Uve O]7DP-
designated 9te.
OJY FORM 40M121�1'.483)
��-�,�
Deparmient of 3usrice
OSce of3ustice Progranu
� ` Offiee of 3uvenile
� � Snstice and Delinqaeacy
Pmvention
PROffiCTNl3MSER 200SIDhC-CX-Y.1106
AWARD CONTINUATION
SHEET
CooperaEive AgreemenE
AWARUDASE 93RbR00T
PAG& 3 OF 3
SPECIAL CONDITIONS
12. The Officeof Iuvenile Iusiice and Deliaquency Pr¢veniion Sas etected to rnter irno a Coopatetive Agieement mtha
tLan a gaat with ihe recipient This deeision reflects the muNal interest ofthe recipient and OIJDP in tlie operation of
the project as well as rhe avticipaced ]evel of Fedeml involvemrnt in tlus pcuject OADP's partieipatory role in the
proj<c[ is as £oitows:
a Review and appmve major work plans, including changes to such plans, and key decisions peitaining to prof ece
opeiations.
6. Review and appiove meja pcqect genecated documents and maiaxiaLs used in the provision oFprqect secvices.
Rovide guidance in significant project planniag meetings, and participate in pro�ec[ aQonsomd iraineug evenk or
confereuces.
o3P FORM nU00R (REV. a-B8)
LAW ENFORCEMENT SENSITIVE 'yj
� ���
Internet Crimes Against
Children Program
O►PERATIf�NAL
AND
INVESTIGATIVE
STANDARDS
EXtiIBIT
ICAC Program Operarional ttnd Investigative Standards e �
FOR LAW ENFORCEMENT PURPOSE3 ONLY ,�,
Page 1 of 15
LAW �NFORCEMEN'I' SENSITIVE b! ��
o
1)efinitions
As used herein, the following de&nitions shall apply:
"0J7DF" is the Office of 3uvenile Justice and Delinquency Prevention.
"NCMEC" is the National Center far Missing and Exploited Childreu.
"CEOS" is fhe ChiId Exploitafion and Obsceuity Section of the G7iminal Division of the
Department of 7ustioe.
"ICAC" is tha Internet Crimes Against Children program composed of Task Forces and
Affiiiates.
"TA.SK FORCE" is defined as an ICAC Iaw enforc�ment agency designated by OJJDP to
act as a State andlor Regional Task Force.
"AFFILTATE" is defined as a law enforcement agency that is worldng in partnership with
a Task Force and has agreed in writing ta adhere to ICAC OperafionaI and Investigative
Standards.
"PARTNER" is defined as an agency assisting a Task Force absent a written agreement.
"NATIONAL TNTTIATIVE" is defined as any investigative proposal that reiies on the
cooperation and resources of all Task Forces or maxidates action by OJJDP.
"L:VIP" is the Child Victim Identification Program operated bythe National Center foz
Missing & Exgloited Children.
"CYBERTIPLINE" is a reportiug mechanism for cases of ontine child sexual
exploitation and enticement operated by tha National Centez for Missing & Exploited
Children.
For the purposes of this program, crime is defined as any offense that invoives the
expioitafion of children facilitated bp technology.
Investigative interest is established when there is reasonable suspicion that a screen name
or other potentially identi&able entity has committed a critne or that entity is engaged in a
sequence of sctivities that is likely to resuit in the commission of a crime.
A proactive investigation is designed to identify, investigate and prosecute offenders,
which may or may not iavolve a specific target, and requires online interaction and a
significant degree ofpre-operative planuing.
ICl C Program Operational and Investigative 5tantlards
FAR LAW ENFORCEMENT PURPOSES ONT.'Y
Page 2 of 15
LAW ENI�'ORCEMEI�T` SENSITIVE (� �']
A reaciive investigation invoives the investigation of a complaint of a crime.
Reasonable suspicion is established when sufficient facts e�st to lead a law enforcement
of&cer to believe that an individual or organization is invoived in a definable criminal
acfivity.
ICfiCProgram Operarional and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 3 of 15
LAW ENFORCEMENT SENSITIVE �-��1
1. Oversight
1.1 Each ECAC agency shall have supervisory systems and procedures, which shall
provide for observation, d�eumentation, and periodic review of ICAC activity.
Such system should comply with the principles of quality case management and
ensure that ICAC activities camply with both agency and ICAC Standazds.
1.2 Task Forces shall suhmit all proposed national initiatives to OIJDP prior to project
initiation.
13 O77DP may suggest amendments to the original proposai £ollowing consultation with
the presenting Task Force and other federal, state, and local entities.
IC�C Progratn Operational and Itrvestigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 4 of 15
LAW ENFORCEMENT SENSITNE �j ,�/,�j
o�
2. Selection and Re#ention of ICAC Task Force Personnel
2.1 Managers and supervisars should evaluate prospecfive ICAC candidates far work
history that indicates prior investigative experience, court testimony skills, ability
to haciidle sensitive information prudenfly, and a genuine interest in the protecrion
of c2uldren.
2.2 Criven the graphic nature af evidence routinely enwuntered in ICAC related
cases, the menfai health of investigators working such cases is a great wnceru.
Task force supervisors at all levels are encouraged to make reasonable efforts to
ensm•e that all assigned officers remain fit for duty in accordauce with applicable
departmental policies and procedures.
IC.4C Progrnm Operational and Irrvve.stigatdve Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 5 of 1S
LAW ENFORGENIENT S�IVSITIVE r/_f��
v�
3. Training
3.1 Ail Investigators will ba supplied with appropriate training consistent with the
ICAC Operational and Investigative Standazds.
3.2 ICAC Task Force Couunanders are responsible for ensuring that the individuals
nominated for ICAC sponsored �raining aze emptoyed by agencies that have
agreed in writing to adhere to the ICAC standards afinvestigation and that
any prerequisite requirements for the training session have been met.
33 ICAC task forces may give regional training. The iraining shall comply with
current ICAC standards. Any subsequent support required as a result of the
regional hxining sbali be the responsibility of the task force providing the
training.
ICAC Program Operational and Investfgative Standards
FQR LAW ENFORCEMENT PITRPQS�S ONLX
Page 6 of 15
�w�oxc��N�rs�risi�rv� �,�j
4. Case Management
4.i Case Predicafion and Prioritization
4.1.1 Cases may be initiated by refesrais from the CyberTipiine, Intemet service
providers, or other Iaw enforcement agencies, and hy infoanation gathered
ft�mug� sabject interviews, documented public saurces, direct observatians of
suspicious behavior, public complaints, or by any other source accepfable under
agenoy policies.
4.1.2 ICAC supervisors are responsibte for determining investigative priorities and
selecting cases for investigation. Assuming the information is deemed credibie,
that determiaation should begin u�ith an assessment of victim risk and then _
consider other factors such as jurisdiction and known offender behavioral
characteristics. The following prioritization scale sha11 be considered:
a) A child is aY immediate risk of victimization
b) A child is vulnezable to victimizatian by a known offender
c) A known suspect is aggressively soliciting a child(ren)
d} Manufacturers, distribators ar possessars of images that appear to he home
photography with domiciled children
e) Aggressive, high-volume child pornography manufacturers or disixibutors who
either aze commercial disiributors, repeat ofPenders, or specialize in sadistic
rimages
fl Manufacturers, distributors and soIicitors involved in lvgh-volume trafficking
or belong to an organized chiid pomography ring that operates as a criuunal
conspiracy
g) Distdbntors, solicitors and possessors of images of child pornography
h) Any other form of child victimization.
4.2 Record Keeping
4.2.1 ICAC agencies shall be subjecY to erasting agency incident reporting procedures
and case supervision systems. At a min;mum, a unique identifier sha11 be
assigned to each TCAC case.
4.2.2 All affiliated agencies wiIl report their activity to the respective Task
Rorce Commander by the 1(?th of each month using t3ie ICAC
Monthly Perfotmance Measures Raport.
4,2.3 Task Forces wi11 comgile and submit their monthiy performance
measures report to the O73DP designated Iocation before the end of the following
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calendar month. 'i'his monthly report does not replace the semi-affival progress
report required by the Office of Justice Prograzn's Financial Guide.
4.2.4 ICAC Case Tracker — Task Forces will compile and subnut information on atl cases
refesed for either state or federal prosecution_ Information is xequired for aIl cases
referred by the grant receiving agency, as well as all affitiaYes that received more than
$20,000 a year. This report is on-going and begins with the pmsecutarial agency the case
is refarred to and continues through the final disposition of tke case. Thi s on-going
quarterly report will be due within five (5) business days of the start of the quarter and
does noY replace eitfier tf�e semi-annual progress report required by the Office of Justice
Program's Financial Guide nor the quarterly statistical performance measures report (see
423 above). The report is submitfed to icaccasetracker(c�usdoj,gov and copied to the
ICAC Program Manager assigned to the kask force.
4.3 Undercover Investigations
4.3.1 Cazefully managed undercover operations conducted by well-trained officezs ase
among the most effective techniques availahle to law enforcement far addressing
TCAC offenses. Underwver operaGons, when executed and docamented
properly, collect virtually unassailable evidence regarding a suspeeYs predilecfion
to exploit children.
43.2 ICAC supervisors are responsible for ensuring that ICAC investigators receive a
copy of the TCAC Operarional and Investigative Standards.
4.33 ICAC investigations shall be conducted in a manner consistent with the principles
af law and due process. ICAC investigators aze encouraged to worlc in
conjunction wifh their local, state or federal prosecutors.
43.4 The following mnumum standards apply to ICAC investigations:
a. Only swom, on-daty ICAC personnei shall conduet ICAC investigations in an
undercover capaeity. Private citizens shall not be asked to seek out investigative
targefis, nor shaIl they be authorized to act as polioe agents in an auline
Undercover capacity.
b, IGAC personnel shali not electronically upload, transmit, or forward
pornograpiric or sexually explicit images.
c. Ofher than images or videos of individuals, age 18 or over, who have
provided their informed written consent, and at the fime consent was given
were empioyed by a cruninal justice agency, no actual human images or
videos shall be utilized in an investigation. Empioyee is defined as a
salaried or compensated individual.
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d. During onIine dialogue, undercover officers should allaw the investigative
target to set the tone, pace, and subject matter of the ontine conversafion. Iruage
hansfer shall be initiated by the target.
e. Undercover online activity shail be recorded and documented. Any departures
from this policy due to unnsual circiimstances shall be documented in the relevant
case fi2e and reviewed by an ICAC supervisor.
4.4 Evidence Proeedures
4.4.1 The storage, security, and destruction of investigative information shall be
consistent with agency policy. Access to these 61es should be restricted to
authorized personnel.
4.4.2 The exawinarion of computers and digtal media slaall be consistent with agency
policy and procedure.
4.4.3 Child pomography is contraband and should be maintained pursuant to each
agency's policies regazding such lt is recommended that absent a court order
specifically ordering otherwise, evidence contaiuing child pomography shall nat
be released to any defendant or re�resentative thereof.
4.4.4 The transfer of evidence containing child pornogaphy among law enforcement
shal! be doae in a secure manner. Methods of transfer may include hand-defivery,
transmission of digita2ly grotectad files, delivery via a service which tracks the
shipment, or other methods consistent with agency policy and practices.
4.5 Woxkspace and Equipment
4.5.1 ICAC computers and soflware shaIl 6e reserved for the exclusive use of agency
designated ICAC personnel. When possible, undercover computers, soflwaze,
and online accouats shall be purchased covert(y. No personaIIy owned equipment
shall be used in ICAC investigations and all soRware shall be praperly acquired
and licensed.
4.5.2 ICAC personnel shati not use ICAC computers, softwaze ar online accounts for
personal use.
4.5.3 Absent e�gent or unfareseen circumstances, ail ICAC online investigations shall
be condueted in goverrunent workspace as designated by the agency. Excep#ions
must be appmved in advance by an ICAC supervisor.
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5. Ln#'ormation Sharing
5.1 Conventional bountiaries aze virtually meaningiess in the elec�onic world of the
Intemet and the usual constraints of time, place, and distance lose their relevance.
These factors increase the possibility of ICAC agencies targeting one another,
invesfigafing the same subject, or inadvertently disrupting an ongoing
invesfigation. To foster coordination, collaboration, and communication, each ICAC
agency shall contdbute case information on a11 active investigarions
(local, interstate, reactive and proactive) to a couunon database as designated by
077DP cuaently, referred to as the I�AC Data Exchange.
5.2 If any common tazget is identified, the initiating ICAC agency is responsible for
cflntacting the other law enforcement agency #argeting the suspect.
5.3 Tnitiating ICAC agencies should also consider contacting other local, state, and
federal agencies which maybe involved in similar investigations.
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5. Victim Identification
6.1 Identifying child victims is a criticai element of Yhe ICAC Program. DOJ and
073DP require all Task Forces to submit child victim images to the CVIP as a
means to improve child victim identification. Absent e�genY circum�tances, child
victim images will be sent to the CVIP consisient with NCMEC guidelines. In
addition, ICAC agencies aze encouraged to collaboraYe with NCIvIEC to identify
children depicted in child pomography.
6.2 A focus of the ICAC Progra�n. is fo protect children. 7n eireumstances where
reporting of child abuse is not required under existing laws, ICAC agencies are
strongty encouraged to report instances in which a child may be at risk for abuse
or exploitation. -
6.3 Absent exigent eircumstances, victim identifying information should be protected
from public disclosure.
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7. Victini Nofification
[New section to be dra$ed in ZOd4 about J[JS'TICE FOR ALL Act Provisians that govern
victim notification.]
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8. Best Prac[ices for Interacting with Potential Child Victims and their Non-
Offendimg Family Members
['£o be developed in 2009.]
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9. Community Education and Crime Prevention
9.1 Prevenhon educafion activifiies are a criticaI component of the 03IDP ICAC
Progam. ICAC agencies should foster awazeness and provide practical, relevant
guidance to children, parents, educators, librarians, and other individuals
concerned about cluid safety issues.
9.2 Presentations to school staff, parents, and community goups aze excellent ways
to promote awazeness. These presentations shall not depiet identifiable victims,
not othercvise in the public domaiu; nor shall they use pomograpluc or s�ualiy
expficit images. Presentets shall not discuss confidenfiai investigative techniques.
9.3 No member of an ICAC Task Force may endoxse any product or service without
the express conseut of an 03JDP Program Manager. While appe�mg 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.
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10. Media Relations and Releases
10.1 Media releases relating to proseeuiions, crime alerts or other matters concerning
ICAC operations shall not include inforn�ation regazding confidential
investigative tec3�niques and should be coordinated (when applicable) with other
Task Force participants, Federat law enforcement agencies, and State and iocal
agencies involved in the invesfigation consistene with sound infoamation
TT�Ana� and media relations practices.
10.2 ICAC Commanders (or their designees) may speak to members of the media about
their own departments' ICAC-related activities according to their own agency's
guidalines. No individual aff�liated wifh the ICAC pragram may speak on behalf of the
ICAC Pxogram as a whole.
103 ICAC Commanders should inform their OJJDP Program ivtanagers if approacfled by
nationai media oudets about the ICAC Program (as opposed to media seeking
information about laeai activities) so that a coordinated national response can be prepared
by 03P.
1 �.4 Information provided by ICACs to fhe media sk�all be consistent with the guidance
below:
Purpose of the ICAC Program
The mission of the Internet Crimes Against Children (ICAC) Task Force program is to
assist state and local law enforcement agencies in developing an effective response to
cyber enticemenf and child pomograghy cases. TIus support encomgasses forensic and
investigative components, trainiug and technicat assistance, victim services, prevention
and community education.
Backgraund on the ICAC Program
The IntemeY Crimes Against Chiidren (ICAC) progc•am is a national netrvork of fifty-nine
coordinated locai task forces and their 1,800 local and regiottai affiliated agencies
engaged in both proactive and reactive investigations, farensic examinations, effective
prosecutions and community education.i The ICAC Program was developed in response
to the inereasing number of cIuldren and teenagers using the Internet, the protifexation of
ciuId pomography, and the heightened online acfivify by predators searching for
unsupervised contact with underage victims. By helping state and locaI law enforcement
agencies develop effective and sustainable responses to anline child victimization and
child pomography, the ICAC program delivers national resources at the locallevel.
The ICAC program actively protects children who use the Intemet by pxoactively
investigating the on-line saxual exploitat�on of children by predators. Because IGAC
practitioners understazid that arrests alone can not resolve the problem of
on-line victimization, tIze ICAC program is dedicated to trainiug taw enforcement and
educating gazents and youth about the gotential dangers online and offering safety tools.
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