No preview available
HomeMy WebLinkAboutAG 22-130 - SEATTLE POLICE DEPARTMENTRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I. ORIGINATING DEPT./DIV: PD 2. ORIGINATING STAFF PERSON: Lynette Allen EXT: 6701 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): A INTERLOCAL ❑ OTHER. 5. PROJECTNAME: Internet Crimes Against Children Task Force 6. NAME OF CONTRACTOR: Seattle Police Department ADDRESS: PO Box 34986. Seattle, WA 98124-4986 TELEPHONE 206-386-9140 E-MAIL: kelly.crouch@seattle.gov Kelly Crouch FAX.• SIGNATURE NAME: Adrian Diaz TITLE 7. EXHIBITS AND ATTACHMENTS: 9 SCOPE, WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: When signed 2022 COMPLETION DATE: On -going 9. TOTAL COMPENSATION $ . N/A (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES [ENO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES ONO IF YES, $ PAID BY: ❑ CONTRACTQR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER 0 DIRECTOR Andy J. Hwang ❑ RISK MANAGEMENT (IF APPLICABLE) * LAW JE 4/20/22 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK[ ❑ ASSIGNED AG# AG# COMMENTS: 2/20I7 SEATTTLE fii �hl 421� f I' POLICE INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN TASK FORCE ACTING THROUGH THE CITY OF SEATTLE POLICE DEPARTMENT AND FEDERAL WAY POLICE DEPARTMENT This Interagency Agreement is entered into by and between the Washington State Internet Crimes against Children Task Force (WA ICAC TF), acting through the City of Seattle Police Department and FEDERAL WAY POLICE DEPARTMENT (Affiliate Agency) acting through its duly authorized representative. -WHEREAS,The-United States Department of-Justice-(DOJ)-Office of -Juvenile -Justice and - Delinquency Prevention (OJJDP) have created the Internet Crimes Against Children (ICAC) Task Force Program, which is a national network of state and local law enforcement cybercrime units. The mission of the national ICAC Task Force Program is to assist state and local law enforcement agencies develop an effective response to technology -facilitated child sexual exploitation and Internet crimes against children. This assistance encompasses forensic and investigative components, training and technical assistance, victim services, prevention and community education. Due in large part to the technological aspects of these cases, the ICAC Task Force Program promotes a multi -jurisdictional, multi -agency, team approach to investigating and prosecuting ICAC cases; and WHEREAS, the ICAC Task Force Program is a national network of 61 coordinated task forces representing more than 3,500 federal, state, and local law enforcement and prosecutorial agencies with each task force having an agency designated by the OJJDP as the "Lead Agency' which is the law enforcement agency that is awarded federal funding to serve as the "Lead" "Agency" for the corresponding Task Force. WHEREAS, the SPD has been designated by the OJJDP as the "Lead Agency" to oversee the multi -jurisdictional Washington State Internet Crimes Against Children Task Force (WA ICAC TF) intended to combat crimes related to the sexual exploitation, enticement and victimization of children through the Internet, online communication systems, telecommunications technology and other computer technology; and Page 1 of 7 WHEREAS, the SPD is the recipient of a Federal grant through the OJJDP to assist in the investigation and prosecution of Internet crimes against children; and WHEREAS, the SPD will assist law enforcement agencies in Washington State to increase their computer forensic capabilities and receive appropriate training to investigate Internet related cases; and WHEREAS, agencies that agree to work with the SPD as the "Lead Agency" shall be identified in the program as an "Affiliate" or "Affiliate Agency" will execute this signed agreement under the authorization of the proper authority of said agency following all of the terms, conditions and tenets contained herein. NOW THEREFORE, the parties hereto agree as follows: This Interagency Agreement contains thirteen (13) Articles. ARTICLE I TERM OF AGREEMENT Affiliate Agencies may withdraw from this Interagency Agreement and new Affiliate Agencies may be added by executing an Interagency Agreement with the SPD in substantially the same form as this Interagency Agreement. The term of this Interagency Agreement shall be in effect until terminated pursuant to the provisions hereof. Either agency may cancel this agreement with (30) thirty days of written notification to the other agency. Said notification must be provided from the appropriate authorized authority within that agency. Upon receipt -of the written notification the SPD will permanently remove the agency from Affiliate Agency status with the ICAC Program. ARTICLE II OPERATIONAL STANDARDS Affiliate Agencies agree to adhere to the ICAC Task Force Program Operational and Investigative Standards, attached to and made part of this Agreement, as Attachment A. The undersigned law enforcement agency agrees to investigate ICAC cases within their jurisdiction and assist other jurisdictions to investigate these cases. Affiliate Agencies agree to participate on the Washington Internet Crimes Against Children Task Force that is overseen by the SPD: Affiliate Agencies agree to use only sworn law enforcement investigators to conduct ICAC investigations. Each investigator involved with undercover operations Inus receive ICAC Program training prior to initiating proactive investigations and shall submit reports of all undercover activity to the SPD ICAC. Affiliate Agencies agree to conduct reactive investigations where subjects are associated within the Affiliate Agencies jurisdiction, including investigations of child pornography, Cybertip (CT) referrals from the National Center for Missing and Exploited Children (NCMEC), Internet Service Provider (ISP) and law enforcement referrals, and other ICAC- related investigations. Additional case initiations may develop from subject interviews, Page 2 of 7 documented public sources, direct observations of suspicious behavior, public complaints, etc. Affiliate Agencies agree to record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file, reviewed and authorized by the ICAC Unit Commander, or equivalent, for that agency. Affiliate Agencies agree to provide the SPD with access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. Affiliate Agencies agree to locate its ICAC investigators in secured space, to be provided by the Affiliate Agency, with controlled access to all equipment, software, and investigative files. At a minimum, information should be maintained in locked cabinets and under control of each Affiliate Agencies ICAC personnel, with restricted access to authorized personnel. Affiliate Agencies agree to conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the WA ICAC TF, its Affiliate Agencies or the national ICAC Program. Affiliate Agencies -agree to be responsible -for proper -maintenance and use -of -any equipment purchased with OJJDP Grant funds and loaned to an Affiliate Agency by the SPD. Upon termination of this Interagency Agreement, ownership of equipment, hardware, and other non -expendable items will revert to the SPD. Affiliate Agencies agree to utilize applicable State and Federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate. Affiliate Agencies shall maintain accurate records pertaining to prevention, education and enforcement activities, to be collected and forwarded not less than monthly to the SPD ICAC Commander, Seattle Police Department, PO Box 34986, Seattle, WA 98124-4986, or in the ICAC Data System (www.icacdatasystein.om for national statistical reporting purposes. Affiliate agencies are encouraged to forward all significant cases and/or press releases to SPD ICAC fspd wa icac@seattlegov)for inclusion in reports to national ICAC program. ARTICLE III SUPERVISION Each Affiliate Agency will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to assist the WA ICAC TF. WA ICAC TF investigations are a cooperative effort and investigative decisions will be a joint process guided by the WA ICAC TF standards. Page 3 of 7 ARTICLE IV JURISDICTION The principal sites of WA ICAC TF activities will be in the respective jurisdictional area of each Affiliate Agency. Nothing in this agreement shall otherwise limit or enhance the jurisdiction and powers normally possessed by an Affiliate Agency's employee(s) as a member of the WA ICAC TF. Affiliate Agencies may on occasion be referred investigations that are outside of the physical boundaries of their respective municipalities due to specific needs, capabilities or expertise as identified by the WA ICAC TF Lead Agency. Affiliate Agencies agree to take these referrals and conduct appropriate investigations in conformance with the ICAC Operational Standards, investigative or operational training, and their agency policing policies. ARTICLE V EVIDENCE Seized evidence and any other related forfeiture will be handled in a manner consistent with the seizing law enforcement agency's policies. ARTICLE VI INSURANCE AND LIABILITY Each Affiliate Agency shall maintain sufficient insurance coverage or a fully funded self- insurance program, approved by the State of Washington, for the protection and handling of the liabilities including injuries to persons and damage to property. Each Affiliate Agency agrees to maintain, at its own expense, insurance or self-insurance coverage for all of its liability exposures for this Agreement and agrees to provide the City of Seattle with at least 30 days prior -written notice of any -material- change in the Affiliate- Agency's- liability coverage. ARTICLE VII REPORTING STANDARDS Using a process provided by the SPD, each Affiliate Agency shall submit monthly statistics to the SPD on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in the appropriate format by the 10th day of each successive month that the statistics were acquired and shall include data on all related investigations opened or closed during the month in all of the categories as designated on the provided form. In addition, a breakdown or summary of basic case data shall be included for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by an Affiliate Agency along with references to any local media reporting on the investigation. The SPD will be responsible for all required reporting to the OJJDP. ARTICLE VIII TRAINING Affiliate Agencies shall make every effort to make investigators designated as Task Force Members available for applicable specialized training provided through the national ICAC Program and other appropriate training programs. The SPD will review training requests and provide funding for ICAC-approved training when appropriate. This funding will include, Pagd 4 of 7 but is not limited to; WA ICAC TF hosted, or sponsored or facilitated training through the national ICAC Programs authorized vendors. Affiliate Agencies seeking funding assistance will be required to submit requests at least thirty (30) days in advance in writing and to comply with the procedures set forth in a separate Interagency Agreement for funding requests. A sample of this Interagency Agreement is available upon request but in no way is tacit or expressed authorization of requested funding or financial assistance given in advance. Funding under the Interagency Agreement is limited to the available funds that are received by the SPD under the OJJDP Grant program for the national ICAC program. ARTICLE IX CONFIDENTIALITY The parties agree that any confidential information pertaining to investigations of WA ICAC TF will be held in the strictest confidence, and will only be shared with other Affiliate Agencies or other law enforcement agencies not participating in the WA ICAC TF where necessary or as otherwise permitted by federal and/or state law. ARTICLE X COMPLIANCE WITH EQUAL OPPORTUNITY LAWS To the extent required by law, the Affiliate Agency shall comply with all applicable laws, standards, orders and regulations regarding equal employment which are applicable to the Affiliate Agency's performance of this Interagency Agreement, including Rules of Practice for Administrative Proceeding to Enforce Equal Opportunity under Executive Order No.11246, title 41 subtitle-B-Chapter 60, part 60-30; which are incorporated hereinbyreference.- ARTICLE XI GOVERNING LAW AND VENUE This Interagency Agreement is governed in all respects by applicable local, State, and Federal laws which shall supersede any provisions made in this Interagency Agreement to the contrary. Any provision effected will not negate the rest of the Interagency Agreement. In case any one or more of the provisions contained in this Interagency Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Interagency Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Exclusive venue is in Seattle, King County, Washington. ARTICLE X11 EFFECTIVE DATE This Interagency Agreement shall be effective on June 1, 2022 and continue for three (3) years. Upon expiration this Interagency Agreement shall be renewed until such time as federal funding for the ICAC Task Force Program ends or the Interagency Agreement is canceled by either party upon 30 days' written notice delivered to both parties as delineated in ARTICLE I TERM OF AGREEMENT. This Interagency Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Page 5 of 7 The additional or deletion of Affiliate Agencies to or from this Interagency Agreement shall not affect the Interagency Agreement with the remaining Affiliate Agencies. This Interagency Agreement can be amended or replaced in the event of new requirements under the national ICAC Task Force Program or as designated by law or other proper lawful authority. ARTICLE X1II AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. Page 6of7 WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN TASK FORCE INTERAGENCY AGREEMENT EXECUTED BY The SEATTLE POLICE DEPARTMENT (SPD), a department of the City of Seattle, hereinafter referred to as "SPD", Department Authorization Representative: Lt. Ben Morrison PO Box 34986 Seattle WA 98124-4986 AND The FEDERAL WAY POLICE DEPARTMENT, --a-department of the City of - Federal Way, -hereinafter-referred _ to as_"FWP-D"-, Department Authorized Representative: Andy J. Hwang, Chief of Police 33325 8th Ave S Federal Way, WA 98003 In Witness, Whereof, the parties have executed this Agreement by having their representatives affix their signatures below. FEDERAL WAY POLICE DEPARTMENT 7. J Hwang, Chief of P61ice Date: Page 7 of 7 SEATTLE POLICE DEPARTMENT r_�, Adrian Diaz (Oct 31, 2022 10:26 PDT) Adrian Diaz, Interim Chief of Police Date: 10/31 /2022 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Internet Crimes Against Children Task Force Program OPERATIONAL INVESTIGATIVE STANDARDS ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Table of Contents Definitionsof Terms..................................................................................................................... 2 1. Purpose of the ICAC Standards........................................................................................... 4 2. ICAC National Program....................................................................................................... 5 3. Oversight of the ICAC Program........................................................................................... 6 4. Selection and Retention of Task Force Members................................................................ 7 5. Training................................................................................................................................ 8 6. Case Management................................................................................................................ 9 7. Task Force Reporting Requirements to OJJDP..................................................................10 8. Investigations.....................................................................................................................11 9. Work Environment and Equipment....................................................................................14 10. Victim Identification..........................................................................................................15 11. Public Awareness and Community Outreach.....................................................................16 12. Media Relations and Media Releases................................................................................. 17 ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 1 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Definitions of Terms Applicability of Terms Although some of the definitions below may be generally applicable to law enforcement, they are intended for use in the interpretation of these Standards. As such, where any term defined below is capitalized in these Standards, the Standards are referring to that term as defined below. By contrast, where any term defined below is not capitalized in these Standards, the Standards are referring to that term as it is used generally in the field of law enforcement. Additionally, the capitalized terms have been italicized to ease their recognition. "Affiliate" or Affiliate Agency" is an agency that is working with a Lead Agency as part of a regional or state ICAC Task Force. An Affiliate has agreed in writing to adhere to these Standards. "Authorized Personnel" are Members who themselves lack powers of arrest but have been authorized by their respective agency to participate in Investigations and are being supervised by Sworn Personnel. "Commander" is the Member of a Lead Agency who has been designated by that Lead Agency and recognized by OJJDP as the leader of the corresponding Task Force. "CEOS" is the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice. "Contraband Image" is a visual depiction in any form (including printed/digital or video) of child sexual exploitation as defined by federal and/or state statute. "Crime" is any offense (or group thereof) that involves (or involve) the exploitation/victimization of children facilitated by technology. "CVIP" is the Child Victim Identification Project operated by NCMEC. "CyberTipline" is a reporting mechanism operated by NCMEC that allows for the reporting of suspected Crimes. "Deconfliction" is a process whereby Members are able to submit Investigative information to each other and/or to ICAO -related databases in order to determine whether other Members or other law enforcement agencies have information concerning the same targets or Crimes. "DOJ" is the United States Department of Justice. "Employee" is a sworn or compensated individual, or any individual working under the direction and control of a law enforcement agency. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 2 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE "Equipment" is any article, device or resource, including but not limited to computers, phones, online accounts and internet services which are purchased or obtained for use in ICAC-related matters. "ICAO Program" is the Internet Crimes Against Children Task Force Program, a national program composed of state and regional Task Forces administered by OJJDP. "Investigation" is an investigation into a Crime. Likewise, "Investigate" "Investigating" and "Investigative" are used within the same context. "Investigative Persona" — any identity established or created by an Employee to aid an Investigation. "Investigator" is a Member who is a part of the Sworn Personnel of a Task Force. "Lead" or "Lead Agency" is the law enforcement agency that receives the ICAC grant and is designated by OJJDP to act as the Lead Agency for the corresponding Task Force. "Member" is a Lead or Affiliate Agency's Employee who is either Sworn Personnel or Authorized Personnel and who has been designated to work on ICAC-related matters for his/her respective agency and Task Force. "-`National-Initiative" is -any -proposal -that -relies -on -the -cooperation -and -resources of a -significant number of Task Forces and, accordingly, has been approved by OJJDP. "NCMEC" is the National Center for Missing and Exploited Children. "OJJDP" is the Office of Juvenile Justice and Delinquency Prevention within the DOJ. "Supervisor" is a Member who has been designated by his/her respective agency to supervise Investigations and other ICAC-related matters. "Standards" are all of the provisions of these, the ICAC Operational and Investigative Standards. "Sworn Personnel" are Members with powers of arrest. "Task Force" is the Lead Agency and their Affiliate (s) (combined) as designated by OJJDP for a particular state or region. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 3 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 1. Purpose of the ICAC Standards These Standards are established by OJJDP to guide the administration and operation of the ICAC Program and its Members when working on ICAC-related Investigations and matters. Members should make every reasonable effort to comply with these Standards. However, since many aspects of Investigations are dynamic and because laws vary widely between jurisdictions, it is difficult to anticipate every circumstance that might present itself. Thus, reasonable deviations from these Standards may occur depending upon various factors (e.g., emergency situations; timing constraints; accessibility constraints; resource constraints; technology constraints; perceived conflicts between the Standards and statutes, decisional law, and court orders; etcetera). Commanders may supplement, but not contradict, these Standards in the written agreements they establish with their Affiliates to promote the effective operation of their Task Forces. Should questions regarding the interpretation of these Standards arise or conflicts occur between these Standards and agency policies or law, the Commander faced with the issue shall seek the guidance of an OJJDP Program Manager. However, nothing in these Standards is meant to interfere with a Commander's or Supervisor's lawful tactical decision -making. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 4 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 2. ICAC National Program 2.1 Mission of the ICAC Program The Internet Crimes Against Children (ICAC) Task Force Program helps state and local law enforcement agencies develop an effective response to technology -facilitated child sexual exploitation and internet crimes against children. This support encompasses forensic and Investigative components, training and technical assistance, victim services, prevention and community education. 2.2 ICAC Background The Internet Crimes Against Children (ICAC) Task Force Program was developed in 1998 in response to the increasing number of children and teenagers using the internet and other technology, the proliferation of child sexual abuse images available electronically, and the heightened online activity by predators seeking unsupervised contact with potential underage victims. The ICAC Program is a national network of 61 coordinated task forces representing more than 4,500 federal, state, and local law enforcement and prosecutorial agencies. These agencies are engaged in both proactive and reactive investigations, forensic examinations, and criminal prosecutions. By helping state and local agencies develop effective, sustainable responses to ---online child victimization — including responses to child sexual abuse images (Contraband Images), the ICAC Program has increased law enforcement's capacity to combat technology - facilitated crimes against children at every level. Because arrests alone cannot resolve the problem of technology -facilitated child sexual exploitation, the ICAC Program is also dedicated to training law enforcement personnel, prosecutors and other professionals working in the ICAC field, as well as educating parents, youth, and the community about the potential dangers of online activity including online child victimization. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 5 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 3. Oversight of the ICAC Program 3.1 The oversight of the ICAC Program and the administration of ICAC grants are the responsibility of OJJDP. The oversight of each Task Force falls to its Commander. The oversight of each agency, both Lead and Affiliate, falls to its designated Supervisor. 3.2 Commanders shall ensure there are supervisory systems and protocols in place that provide for observation, documentation, and review of ICAC activity. Said systems shall comply with the principles of quality case management and shall ensure that ICAC activities comply with agency policies and these Standards. 3.3 Commanders shall ensure that each Member in his/her Lead Agency and each Supervisor of an Affiliate Agency receives a copy of the Standards. 3.3.1 Supervisors shall have the discretion to provide Members with only the sections of the Standards applicable to their job functions. 3.4 Commanders shall submit all proposed National Initiatives to OJJDP prior to the start of the project. 3.4.1 OJJDP may suggest amendments to the original proposal following consultation with the presenting Commander and, as appropriate, other federal, state, and local entities. 3.5 Supervisors shall inform their Members about departmental employee assistance programs and Task Force resources available to them. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 6 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 4. Selection and Retention of Task Force Members 4.1 When practicable during the selection process of Members, Commanders and Supervisors shall evaluate prospective candidates for work histories that indicate prior Investigative experience, courtroom testimony skills, technical knowledge and ability, an ability to prudently handle sensitive information, a genuine interest in the protection of children, and an understanding of the effects that Members may experience when exposed to Contraband Images. 4.2 Commanders and Supervisors shall acknowledge the potential effects of Investigations of and exposure to Contraband Images and recognize that the viewing of Contraband Images should be restricted. When practicable, the following techniques may help mitigate some of the potential negative effects of this work may aid with the retention of Members: • Work flexibility - Commanders and Supervisors are encouraged to allow flexibility for Investigators and others who are exposed to Contrabandlmages (e.g., frequent breaks, having an open-door policy, etc.). Exposure to Contrabandlmages - Commanders and Supervisors are encouraged to implement best practices which minimize the exposure to Contrabandlmages by Members. Mental Health Providers (MHP) - In compliance wittheir—agency guidelines, Commanders and Supervisors are encouraged to work with MHP to make recommendations for care of Members and to provide education and training designed to minimize the impact of exposure to Contrabandlmages. Impact of Contrabandlmages - Commanders and Supervisors are encouraged to share or pursue best practices for minimization of the impact of Contrabandlmages and to promote attendance at trainings regarding methods used to minimize said impact. 4.3 Commanders and Supervisors shall recognize that ICAC Investigations typically focus on child sex offenders who have committed serious state or federal crimes and due to this life - changing event, the impact on these offenders can result in a violent response to authorities.1 FBI's Investigation Behavioral Analysis Unit's f] wrerionol Sr+ cr , f i sklorrrrior+,s While ('301d ,vex tt 1 +- • ,r Ug t r do +k or Lair Fn r cem r Volume 1, March 2012. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 7of17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 5. Training Ensuring that personnel are well -trained in conducting effective Investigations in a manner consistent with applicable laws is integral to the ICAC Program. 5.1 All national training curricula supported by ICAC Program resources shall be conducted consistent with the Standards and shall be approved by OJJDP. 5.2 Commanders shall ensure that nominees to attend any ICAC Program -sponsored national in -person training event are current Members. 5.3 Individual Task Forces may develop and deliver Task Force specific training. This training shall comply with the Standards and shall be approved by the Commander. All costs to develop and deliver the training shall be the responsibility of the Task Force orAfliate providing the training. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 8 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 6. Case Management 6.1 Commanders and Supervisors are responsible for determining Investigative priorities and selecting cases for Investigation in their respective agencies. Those determinations shall include an assessment of victim risk, jurisdiction, known offender behavioral characteristics, and the likelihood of securing the information necessary to pursue each Investigation. 6.2 Conventional boundaries often are meaningless in today's digital world where the usual constraints of time, place, and distance lose their relevance. These factors increase the possibility of Lead and/or Affiliate Agencies targeting other law enforcement personnel, Investigating the same target, or inadvertently disrupting an ongoing Investigation. To foster effective case coordination, collaboration, and communication, each Member shall make every effort to Deconflict all active Investigations. 6.3 Lead and Affiliate Agencies shall be subject to their respective agency's incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall be assigned to each case. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 9 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 7. Task Force Reporting Requirements to OJJDP 7.1 The reports described below do not replace the semi-annual progress report required by the Office of Justice Programs' Financial Guide. 7.2 Commanders shall compile and submit a Task Force Monthly Performance Measures Report to the OJJDP-designated location before the end of the following calendar month. 7.2.1 Affiliates shall report their activity to their respective Commander by the loth of each month using the ICAC Monthly Performance Measures Report. 7.3 Commanders shall compile and submit an annual report which details each of their Affiliates. This annual report shall be submitted within 30 days of the end of the calendar year. The report shall be submitted in a method determined by OJJDP and shall include the following information: 7.3.1 The name of each Affiliate Agency. 7.3.2 The staffing level of each Affiliate Agency including the number of Investigators, prosecutors, education specialists, and forensic specialists dedicated to Investigating and prosecuting Crime. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 10 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8. Investigations 8.1 Investigations shall be conducted in a manner consistent with applicable laws and the ICAC Standards. 8.2 Only Sworn Personnel shall conduct Investigations. 8.2.1 Authorized Personnel acting under the direction and supervision of Sworn Personnel may participate in Investigations. 8.2.2 Members shall not approve, condone, encourage, or promote cyber- vigilantism by private citizens. As such, Members shall not use unauthorized private citizens to proactively seek out Investigative targets. 8.2.3 The above section (8.2.2) shall not preclude the use of information related to a Crime provided by victims or public citizens who discover evidence (e.g., CyberTip reports, mandated reports from professionals, computer repair shop complaints, parental complaints, et cetera). Nor does it preclude the use of authorized over -hears or other similar Investigative methods designed to further an Investigation. 8.3 Investigations shall be documented. Any departures from this provision due to unusual or exigent circumstances shall be documented in the relevant case file and reviewed by the Supervisor.- 8.3.1 The access, retention, storage, security, and disposal oflnvestigative or case information shall be consistent with the subject agency's policies and federal and state law regarding same. 8.4 Members shall not electronically upload, transmit, or forward any Contraband Images. 8.4.1 Exception to Section 8.4, Section 8.4 shall not prohibit the transfer of evidence between Investigators as provided for by sections 8.9 and 8.10 of these Standards nor does it prohibit the submission of Contraband Images to CV1P as provided for by section 10.1 of these Standards. 8.5 Members shall not use any visual depiction of any type (including a manipulated or electronically generated visual depiction) of any person, purported person, or body part of a person or purported person, with the sole exception that a Member may use a visual depiction as a representation of an Investigative Persona/person/purported person when the following four requirements are met; (1) The visual depiction is of an actual person; (2) That person is an Employee; ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 11 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (3) The Employee has given his or her written consent for the visual depiction to be used; and (4) The Employee was at least 18 years old at the time when the Employee gave consent for such use. The visual depiction may be of the Employee that was produced when the Employee was under the age of 18. The visual depiction may also be modified to suit Investigative needs (Le., it may be an altered or age -regressed visual depiction of the Employee). 8.5.1 Exception to Section 8.5. Section 8.5 does not prohibit a federal or federally - approved Member (e.g., an FBI/HSI agent, or an FBI/HSI Task Force Officer) from using a visual depiction that does not meet the four requirements of Section 8.5, so long as the visual depiction is one that has been authorized for use by the FBI or HSI in accordance with that respective federal agency's guidelines and the visual depiction is being used pursuant to those guidelines. 8.6 Absent prosecutorial input to the contrary, during online dialogue, Investigators shall allow the Investigative target to set the tone, pace, and subject matter of the online conversation. 8.6.1 Section (8.6) shall not be construed to prohibit Investigators from performing any of the following activities when initiating or conducting an Investigation: (a) posting information including visual depictions (image or video/printed or -digital)-too establish an online presence,_(b) placing or posting advertisements, - or (c) sending messages. 8.6.2 Members shall familiarize themselves with relevant state and federal law, including but not limited to those regarding the defense of entrapment, and shall confer with prosecutors, as needed. 8.6.3 Prior to conducting any large-scale (multi -target) operations, Members shall notify the Commander and shall consult relevant prosecutors about the operation. 8.7 The examination of digital storage devices shall be performed consistent with the subject agency's protocol. 8.8 Contraband Images shall be maintained pursuant to the subject agency's policy. 8.8.1 Absent a court order specifically ordering otherwise, evidence containing Contraband Images shall not be released to any defendant or representative thereof. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 12 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8.9 Absent exigent circumstances, all Members' case referrals between Task Forces shall include: Notification to and acceptance by the Commander(s) of both Task Forces that are involved in the referral; A secure (i.e., digitally -protected) copy of the case file; An official Investigative report or affidavit containing case details; and, Documentation, preferably the original, of all legal process conducted and all compliance with same, especially those documents related to the issue of jurisdiction and identification of suspect(s). 8.10 Law enforcement transfers of evidence containing Contraband Images shall be done in a secure manner. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 13 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 9. Work Environment and Equipment 9.1 Investigations shall be conducted in an approved work environment, using approved Equipment, as designated by a Commander or Supervisor. 9.2 Commanders and Supervisors are encouraged to provide a work environment that provides for discreet and sensitivelnvestigations while simultaneously minimizing chances of inadvertent or unnecessary exposure to Contraband Images. 9.3 ICAC Equipment shall be reserved for the exclusive use of its Members, and shall be used in accordance with these Standards and with their respective agency's policies. 9.4 When practicable, Equipment which may be used in undercover aspects ofan Investigation shall be purchased covertly. 9.5 No personally -owned equipment, accounts or networks shall be used in Investigations. 9.6 Software shall be properly acquired and licensed. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 14 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 10. Victim Identification 10.1 Identifying child victims of Crime is a critical element of the ICAC Program. DOJ and OJJDP require the Lead and Affiliate Agencies to submit Contraband Images to CVIP as a means to improve child victim identification. Absent exigent circumstances, Contraband Images shall be sent to CVIP pursuant to NCMEC's standards regarding same. In addition, Lead and Affiliate Agencies are encouraged to collaborate with NCMEC in their effort to identify children depicted in Contrabandlmages. 10.2 Absent exigent circumstances, victim -identifying information shall be protected from public disclosure pursuant to the protections set forth in federal and state law. 10.3 Lead and Affiliate Agencies shall adhere to local, state, and federal laws, as well as their agency's policies regarding mandated reporting, victim notification, and victim assistance. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 15 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 11. Public Awareness and Community Outreach 11.1 Public awareness activities and community outreach are a critical component of the ICAC Program. Lead and Affiliate Agencies shall foster awareness and shall provide practical relevant guidance to children, parents, educators, and others concerned with child safety. 11.1.1 Social media can be used to promote educational awareness as long as it is consistent with all agency policy and these Standards. 11.2 Presentations to school personnel, parents, and community groups are excellent ways to promote awareness. These presentations shall not include any visual depiction of a victim unless the victim has consented to its use and the victim is currently at least 18 years of age. No Contraband Image shall be used in these presentations nor shall a presenter discuss confidential Investigative tools and techniques. 11.3 No individual affiliated with ICAC Program may speak on behalf of the national ICAC Program without the express written consent of OJJDP. While making public presentations, Members may indicate a preference for a product or service, but, when done, shall avoid an implicit endorsement and shall include alternatives in the presentation. 11.4 Materials and presentations shall be consistent with the ICAC Program's mission and background, as enumerated in Section 2 of these Standards. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 16 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 12. Media Relations and Media Releases 12.1 Media releases relating to prosecutions, Crime alerts, or other matters concerning ICAC operations shall not include information regarding confidential Investigative techniques, and shall be coordinated, when applicable, with the law enforcement agencies involved with the subject Investigations, in a manner consistent with sound information management and sound media relations practices. 12.2 Commanders and Supervisors may speak to members of the media about their own agency's ICAC-related activities per the terms of their agency's policy on such media relations. No individual affiliated with ICAC Program may speak on behalf of the national ICAC Program without the express written consent of OJJDP. 12.3 Commanders shall inform their OJJDP Program Manager if approached by national media outlets about the national ICAC Program (as opposed to media seeking information from a particular Task Force about its local activities) so that a coordinated national response can be prepared by OJJDP. 12.4 Information provided by Task Forces to the media shall be consistent with ICAC Program's mission and background, as described in Section 2 of these Standwds. End of ICAC Standards ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 17 of 17