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HomeMy WebLinkAboutIowa Department of Public Safety-Memorandum of Understanding-03.26.2007 3-�G-o7 ✓t, ,pI)07 - IOWA INTERNET CRIMES AGAINST CHILDREN TASK FORCE MEMORANDUM OF UNDERSTANDING Parties The Iowa Internet Crimes Against Children (ICAC) Task Force is a multi- agency, multi-jurisdictional initiative, funded with a grant from the Office of Juvenile Justice and Delinquency Prevention (OJJDP). This Memorandum of Understanding (MOU) is entered into by and between the Iowa Department of Public Safety, Division of Criminal Investigation (DCI), various federal, state and local law enforcement agencies, hereinafter referred to as the Agencies, and various resource agencies supporting the activities of the Task Force (which resource agencies currently include but are not limited to the Des Moines Area Community College and the Midwest Forensic Resource Center), that have signed this document. Such Agencies and resource organizations are jointly referred to hereinafter as the Parties. No part of this MOU shall be viewed as limiting or impeding the spirit of cooperation that exists among the Parties. Mission The mission of the Task Force is to deter, prevent, investigate, and prosecute predators who seek to exploit or engage minors in sexual activity through the use of computers and the Internet. The Task Force will engage in reactive and proactive investigations targeting those offenders who are actively involved in this type of criminal activity. Additionally, the Task Force will participate in a statewide effort to educate the public on issues regarding Internet safety for children. Training opportunities will be made available to Task Force members so they can become familiar with the most current trends and developments in the area of on-line child exploitation. Purpose The purpose of this MOU is to outline the relationship between all participating Parties in order to ensure that each understands and agrees to guidelines concerning policy, supervision, planning, training, and public relations. This document is devised to formalize the association between among the Parties and to foster an understanding of each Party's role within the Task Force. The goal of this MOU is to promote efficiency in operations and provide guidelines necessary to ensure standardization in policies and procedures among Task Force participants. Organizational Structure The Task Force is composed of representatives from all Parties in the state which have signed this MOU. An Advisory Council for the Iowa Task Force will be established, with the DCI Assistant Director of Operations serving as its chairman until an election is held according to the ICAC Advisory Council by-laws. The purpose of the Council shall be to: • Develop and maintain the Task Force's statewide network of law enforcement Agencies dedicated to the protection of children from internet crime. Page (2) of(7) • Act as advisor to OJJDP regarding the Iowa ICAC Task Force • Develop, establish, and evaluate Iowa ICAC Task Force operational and investigative standards • Promote sharing of information among Agencies (see Article 2.02 of the Council By-laws) The DCI Assistant Director of Operations will also serve as the Task Force Coordinator (See article 1.03 of the Council by-laws). The Task Force Coordinator may appoint a Task Force Project Coordinator (article 1.03 of Council by-laws) to conduct the day to day operations of the Task Force but will remain the primary policy maker related to the project. The Council chairman's primary responsibility will be to preside over meetings of the Iowa ICAC Advisory Council. The ICAC Council chairman and members from participating Parties will constitute the Advisory Council. Each Party participating in the Task Force shall designate no more than one of its officers or representatives participating in the Task Force as its voting representative to the Advisory Council. In this way each Party to the Advisory Council shall have only one vote. The Council will create by-laws formalizing its duties and responsibilities. The lengths of terms for vice-chairman and secretary shall be decided by the Council and formalized in the by-laws. These three members— the chairman, vice-chairman, and secretary—shall constitute the Executive Committee. Other specialized committees and positions may be established as the Council sees fit. Direction This Task Force is a joint endeavor with all participating Parties acting as partners. Because of its grant oversight responsibility, the Iowa Department of Public Safety will act as the lead law enforcement agency of the Task Force and will be responsible for coordinating its day-to-day operations, as well as for ensuring compliance with the policies and procedures issued by the United States Department of Justice (DOJ), Office of Juvenile Justice and Delinquency Prevention (OJJDP). Ultimately, all Task Force activities are governed by these operational and investigative standards. A copy of these guidelines shall be issued to each party upon acceptance of this MOU. As the lead law enforcement agency, DCI will be responsible for compiling and reporting Task Force activities to the federal ICAC program manager at OJJDP. Information on the activities of participating Agencies will be collected in a prescribed format and reported in a timely fashion to the ICAC Task Force project coordinator. The ICAC Task Force project coordinator will handle all ICAC day to day administrative functions related to Iowa's OJJDP ICAC grant, with oversight and approval from the ICAC Task Force Coordinator. The ICAC Task Force project coordinator will regularly contact participating Agencies to keep them apprised of new developments, training opportunities, problems, and successes within the Task Force. Page (3)of(7) Investigator Selection Criteria Each participating Agency will identify specific officers who will be assigned to the Task Force. Only these officers will be permitted to conduct ICAC Task Force online investigations or perform forensic examinations pursuant to: (1) this agreement, (2) ICAC operational and investigative standards, and (3) applicable policies or procedures formulated by the Iowa ICAC Advisory Council. Potential ICAC investigators should be evaluated for assignment to the Task Force based upon their work history and prior investigative experience, familiarity with computers and networks, court testimony skills, ability to handle sensitive information prudently, and a genuine interest in the protection of children. Each officer assigned to the Iowa ICAC Task Force must receive appropriate training prior to initiating online investigations. Personnel Investigative personnel assigned to the Task Force will be evaluated by their respective Agency heads/supervisors. Upon request, the ICAC project coordinator will provide activity printouts to each Agency's head/supervisor on the Task Force activities performed by their officers. Continued assignment to the Task Force will be dependent upon a satisfactory supervisory evaluation. At no time will the employees of a participating Agency be deemed employees of another participating Agency. A confidential form shall be completed by each of the Task Force personnel, signed by an Agency supervisor, authorizing the personnel to be included in various ICAC ListServe and LEDX lists for informational and operational purposes. Supervision The ICAC Task Force project coordinator is responsible for assigning and coordinating daily operational and administrative activities of the Task Force. The ICAC Task Force project coordinator will maintain regular contact with ICAC Task Force officers in participating Agencies to determine the status of investigations, provide supporting investigative and analytical information, and to identify and address issues pertaining to the overall operation of the Task Force. Each Party is responsible for the personal and professional conduct of its Task Force personnel. Investigations All Task Force investigations will be conducted in the spirit of cooperation among Agencies. Proper execution and documentation of undercover operations provides the well-trained investigator with virtually incontrovertible evidence regarding a suspect's intent to exploit children. Investigations will follow ICAC Task Force operational and investigative standards, policies and procedures formulated by the Iowa ICAC Advisory Council, and principles of law and due process. Page (4)of(7) Prosecution When necessary, case-by-case analysis will be performed on each potential prosecution to determine in which jurisdiction the case will be prosecuted. A preference will be given to the jurisdiction initiating the prosecution. Those cases being considered for federal prosecution will be investigated pursuant to guidelines established by the appropriate United States Attorney. Prevention and Education Activities Public education and awareness are key components of the Iowa ICAC Task Force initiative. Task Force Parties will provide information and guidance to children, parents, educators, and any other individuals concerned with child safety issues, through public presentations. These presentations will not depict identifiable victims or use pornographic or sexually explicit images, nor will confidential investigative techniques be discussed. No member of 1:he Task Force may endorse any product or service without the express consent of the federal OJJDP ICAC Program Manager. Case Administration As the lead law enforcement Agency of the Iowa ICAC Task Force, the DCI will be responsible for compiling and reporting Task Force activities to the federal ICAC program coordinator at OJJDP. Information on the activities of participating Agencies will be collected in a prescribed format and reported in a timely fashion to the ICAC Task Force project coordinator. Cases will be handled in compliance with each agency's case management policies and procedures. However, each participating Agency agrees that selected Task Force cases will be made available upon request to either the Iowa ICAC project coordinator, or to the Iowa ICAC Task Force Coordinator. Information Sharing All Task Force members shall contribute case information for inclusion into one or more common databases. Access to the ICAC investigative website is avalable only to ICAC members and serves as a pointer system to assist in investigations. Basic case information (submitting Task Force information, offender's screen name, identifiers, synopsis of investigation), as well as case update information (criminal proceedings, sentencing information, additional data on suspect) shall be submitted to the ICAC Task Force project coordinator on a timely basis for inclusion in the database. If any common target is identified, the initiating ICAC Agency is responsible for contacting the other law enforcement Agency targeting the suspect. Initiating ICAC Agencies should also consider contacting other local, state, and federal Parties, and appropriate organizations outside of Task Force members, which may be involved in similar investigations. Records, Reports, and Eviidence Task Force members will maintain their own Agency records and reports. All necessary case information will be provided to the ICAC Task Force project coordinator on a timely basis for reporting purposes as outlined above. Evidence will be impounded in the Evidence Room of the appropriate participating Agency. Evidence will be handled by established rules of law regarding chain of custody and property release. The storage, security, Page (5)of(7) and destruction of investigative information shall be consistent with Agency policy. At a minimum, information should be maintained in locked cabinets and under the control of Task Force personnel. Access to these files should be restricted to authorized personnel with a legitimate need to know. (Absent the availability of a trained and experienced forensic examiner in the investigator's Agency, the DCI will make arrangements to conduct forensic examinations of computers and related evidence in ICAC Task Force cases.) The Advisory Council may establish minimum qualifications—including training requirements— for ICAC Task Force examiners, and establish operational guidelines for conducting ICAC Task Force forensic examinations. Absent the Council's action in this area, whenever a participating Agency desires to conduct its own ICAC Task Force forensic examination, the participating Agency is responsible for contacting the ICAC Task Force project coordinator for notification and reporting purposes. Media Relations and Releases No information pertaining to Task Force operations will be released to the media without the prior approval of all Agencies with an immediate investigative or prosecutorial interest in the case. Media releases may be made jointly by all Agencies participating in the case. Media releases shall not include information regarding confidential investigative techniques. Media releases relating to ongoing prosecutions, crime alerts, or other matters concerning ICAC Task Force operations shall be made through the Iowa Task Force Coordinator. Workspace and Equipment Each participating Agency agrees to make available its resources in support of a joint Task Force investigation. These may include, but are not limited to: 1. Vehicles: When appropriate, each Agency will supply vehicles for its participating personnel. 2. Communication Equipment: Each Agency will supply their personnel with two-way radios, pagers, and if available, cellular telephones. A list of current pager and cellular telephone numbers will be provided to the ICAC Task Force project coordinator. 3. Safety Equipment: Each Agency will ensure that its officers and agents who are assigned to the Task Force shall have all necessary equipment including, but not limited to, Agency-authorized firearms, handcuffs, ballistic protective vests, tape recorders, and any other equipment judged to be essential by the Task Force Advisory Council. 4. Dedicated Computer Hardware, Software, and Network Access Services: Each Agency shall provide or make available computer and peripheral hardware, software, and network access services dedicated to the exclusive use of its Task Force members. No personally owned Page(6) of(7) equipment shall be used in ICAC Task Force investigations, and all software shall be properly acquired and licensed. The Advisory Council, in an effort to standardize certain investigative and forensic procedures, may formulate guidelines for the selection purchase and use of equipment and software. If sufficient funds are available, the purchase of some equipment and services may be made through the Iowa ICAC Task Force grant. 5. Dedicated Work Space: In lieu of working in an established centralized facility or regional locations, each Agency shall make available to its Task Force personnel sufficient workspace and office equipment in a secure area. This space must allow officers, agents, and representatives to perform their Task Force related duties away from public view and without undue distractions from personnel not assigned to the Task Force. Compensation Each participating Party agrees to provide wages and benefits for its personnel who are assigned to the Task Force. Payment of overtime expenses is the responsibility of each member Party, according to its established policies and procedures. Training Task Force members will be provided advanced training to improve and enhance the job skills required to combat Internet crimes against children. Grant funds may be used to finance the training, subject to the availability of funding for this purpose. Liability Each Party shall assume responsibility and liability for the acts and omissions of its own officers, agents or employees in connection with the performance of their official duties under this MOU. It is expressly understood and agreed that no Party executing this agreement in any way agrees to alter or waive in whole or in part any privileges or immunities otherwise enjoyed by the Party prior to executing this agreement. All Parties to this agreement agree to hold harmless all other Parties to this agreement for any liability, claim or damages arising out of acts under this agreement by any officer, agent or employee of another Party to this agreement. Term of Agreement It is agreed that this MOU will be in force from the day which the last required signature of acceptance is received. The MOU may be terminated at any time by a participating Party by delivering a written notice of termination to the DCI Assistant Director of Operations of the Iowa Department of Public Safety who will, in the capacity of the Task Force Coordinator, notify all other participating Parties. Upon withdrawing from the Task Force, any Iowa ICAC equipment previously assigned to a Party will be returned to the Task Force. A Party's termination of its involvement in ICAC will not negate the remaining Parties' participation and agreement under the MOU. In the event the grant is not renewed or this Task Force is dissolved, the forensic equipment Page (7)of(7) purchased by the Task Force will remain the property of the Party for whom it was purchased. Printed Name of Participating Party Signature of Participating Party Printed Name/Title of Individual Authorized Agency to represent the Participating Party Signature of Individual Authorized Date to represent the Participating Party E-mail Phone Fax Agency address Iowa ICAC Task Force Coordinator Date