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HomeMy WebLinkAboutInternet Crimes Against Children Task Force MOU; 2015-02-24;MEMORANDUM OF UNDERSTANDING Between San Diego Police Department INTERNET CRIMES AGAINST CHILDREN TASK FORCE and Carlsbad Police Department The San Dlego Police Department is the recipient of a United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention ("OJJDP") grant to enforce laws regarding Internet Crimes Against Children ("ICAC"), and the San Diego Police Department utilizes this grant to administer and operate the San Diego ICAC Task Force ("ICAC Task Force"). This Memorandum Of Understanding ("MOU") Is entered into by the San Diego Police Department ("SDPD") and the Carlsbad Police Department, collectivBly referred to In this MOU as the "Parties'*. A. OVERVIEW/MISSION STATEMENT 1. OJJDP has created the ICAC Task Force Program, which is a national network of state and local law enforcement cybercrime units. The national ICAC program assists state and local law enforcement agencies develop an effective response to cyber enticement and child pomography cases. This help encompasses investigative and forensic components, training and technical assistance, victim services, 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. 2. The mission of the ICAC Task Force therefore Is to: (1) properly investigate and prosecute those who sexually exploit children through the use of the Internet and/or computers; (2) provide training and equipment to those involved in investigating and prosecuting ICAC; and (3) provide community education regarding the prevention of ICAC related crimes. 1 5 B. PURPOSE The purpose of this MOU is to formalize the working relationship between the Carisbad Police Department, the San Diego Police Department, and the ICAC Task Force, as well as to delineate the responsibilities and expectations of the relevant Parties. By signing this MOU, Carisbad Police Department agrees to join the ICAC Task Force for the primary purpose of vigorously and properiy investigating Internet Crimes Against Children. By Joining the ICAC Task Force, Carisbad Police Department will benefit from grant resources, joint operations, and extensive training opportunities. By entering into this MOU, the ICAC Task Force will benefit from the investigative support from the Carisbad Police Department. C. INVESTIGATIONS All ICAC investigations will be conducted only by sworn law enforcement investigators and in a spirit of cooperation with other ICAC Task Force members. Investigations will follow guidelines established by each Party's respective policy manual or guidelines. However, ICAC investigations shall also be govemed by the national ICAC Operational and Investigative Standards, to which the Carisbad Police Department agrees to be bound (attached). Violation ofthe ICAC Operational and Investigative Standards is cause for cancellation of this MOU. This MOU is not intended to infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in ICAC Task Force investigations are not in the best interest ofthe ICAC Task Force. D. Carlsbad Police Department agrees to the followmg: 1. Only sworn Carisbad Police Department law enforcement personnel will conduct undercover ICAC investigations. Each investigator involved with undercover operations must receive ICAC training prior to initiating proactive investigations and shall submit reports of all undercover activity to the ICAC Task Force for deconfliction. 2. Conduct reactive investigations where subjects are associated within the Carisbad Police Department's jurisdiction, including Investigations of child pomography, CYBERTIP referrals from NCMEC, Internet Sen/ice Provider and law enforcement referrals, and other ICAC-related Investigations. Additional case initiations may develop from other sources, including subject interviews, documented public sources, direct observations of suspicious behavior, and public complaints. 3. Record and document all undercover online activity. Any deviations from this poiicy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Unit Commander. 4. Provide the ICAC Task Force access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. 5. Locate its ICAC Task Force investigator in a secured space provided by the Carisbad Police Department with controlled access to all equipment, software, and investigative files. At a minimum, information should be maintained in locked 2 cabinets and under control ofthe Carisbad Police Department ICAC Task Force personnel, with restricted access to authorized personnel only. 6. 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 ICAC Task Force. E. SUPERVISION Carisbad Police Department will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to the ICAC Task Force. ICAC investigations are a cooperative effort and investigative decisions will be a joint process guided by ICAC standards. F. JURISDICTION 1. The Carisbad Police Department will focus its ICAC Task Force activities in the areas in which it has jurisdiction. The Carisbad Police Department will participate in ICAC Task Force activities commensurate with its level of membership in the task force, and consistent with statutes governing mutual aid. 2. Nothing in this MOU shall othenwise limit, or enhance the jurisdiction and powers normally possessed by an employee as a member ofthe employee's respective agency. G. EVIDENCE Seized evidence and any other related forfeiture will be handled in a manner consistent with the seizing law enforcement agency's policies. H. LIABILITY Carisbad Police Department is responsible and liable for the acts and omissions of its own officers, agents, or employees in connection with the performance of their official duties underthis MOU. For tort liability purposes, no Party member shall be considered the agent of other Party. Each Party shall be liable (if at all) only forthe torts of its own officers, agents, or employees that occur within the scope of their official duties. I. REPORTING REQUIREMENTS 1. Using a form provided by the ICAC Task Force, Carisbad Police Department shall submit monthly statistics to the ICAC Task Force on all ICAC investigations or other investigative wori< pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in the appropriate (OJJDP) format by the 10th day of each month, and shall include data on all related investigations opened or closed during the month, as well as forensic examinations, technical/investigative assistance provided to other agencies, subpoenas and court orders issued, training hours attended and taught, and community outreach provided. In addition, a breakdown of basic case data shall be included for each sexual exploitation of a minor (child pomography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by Carisbad F»olice Department. The ICAC Task Force will then be responsible for all required reporting to OJJDP. TRAINING Carisbad Police Department shall make investigators designated as ICAC Task Force members available for specialized training provided through the national ICAC program and other recommended training programs. The ICAC Task Force Unit Commander will review and pre-approve training requests, provided that funding is available and the request is appropriate Carisbad Police Department shall invoice SDPD quarteriy for approved training expenses. These expenses include travel, lodging, per diem and incidental expenses in an amount not to exceed the cun'ent U.S. General Service Administration Domestic Per Diem Rates. K. CONFIDENTIALITY Any confidential infonnation pertaining to investigations of Internet Crimes Against Children will be held in the strictest confidence, and will only be shared with participating ICAC Task Force members or other law enforcement agencies where necessary, or as othenvise permitted by federal and/or state law. L. EFFECTIVE DATE This MOU shall be effective on , 2015 and continue until such time as federal funding for the grant ends or the MOU is canceled by either Party upon written notice delivered to the other Party through its respective agency director. This MOU shall not exceed five years. Entered into this day of yte&r^vJLAA-j-r . 2015. Gary W. Morrison, Chief Carisbad Police Department Shelley Zimmemian, Chief San Diego Police Department Mayor or Designee City of San Diego Approved as to fonn and legality: Jan I. Goldsmith, City Attorney Linda L, Peter Deputy City Attomey OFORM PAUL G. EDMONSON Assistant CHy Attormy QtyofCaiiibad