HomeMy WebLinkAboutContracts & Agreements_65-2026MEMORANDUM OF AGREEMENT
BETWEEN
THE LOS ANGELES POLICE DEPARTMENT
INTERNET CRIMES AGAINST CHILDREN TASK FORCE
AND
THE REDLANDS POLICE DEPARTMENT
I. PARTIES
This Memorandum of Agreement (MOA) is entered into by and between the Los Angeles Police
Department (LAPD) and the Redlands Police Department (RPD).
II. BACKGROUND
The LAPD is the recipient of a United States Department of Justice (DOJ), Office of Juvenile
Justice and Delinquency Prevention (OJJDP) grant to enforce laws regarding Internet Crimes
Against Children (ICAC). The LAPD utilizes this grant to administer and operate the
Los Angeles Regional ICAC Task Force.
The OJJDP created the ICAC Task Force Program, a national network of state and local law
enforcement cybercrime units. The federal ICAC program assists state and local law
enforcement agencies in developing an effective response to cyber enticement and child
pornography cases. The program encompasses investigative and forensic components, training
and technical assistance, victim services, and community education. Due 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.
The mission of the Los Angeles Regional ICAC Task Force, therefore, is to: (1) properly
investigate and prosecute those who sexually exploit children using 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.
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III. PURPOSE
The purpose of this MOA is to delineate the responsibilities and expectations of the RPD and the
LAPD, and to formalize their working relationship in the Los Angeles ICAC Task Force. By
joining this Task Force, the RPD will benefit from grant resources, joint operations, and
extensive training opportunities. The Los Angeles ICAC Task Force will benefit from RPD's
investigative support.
The RPD agrees to join the ICAC Task Force as an Affiliate Agency for the primary purpose of
vigorously and properly investigating ICAC. As an Affiliate Agency, the RPD agrees to adhere
to the current ICAC Task Force Program Operational and Investigative Standards and any
revisions thereto that may be made during the term of this MOA. A copy of the Operational and
Investigative Standards is attached as Exhibit 1 and made a part of this MOA. Furthermore, for
the purposes of the OJJDP grant, it is understood that an Affiliate Agency is a grant subrecipient
subject to all established subrecipient monitoring policies and procedures.
IV. INVESTIGATIONS
Investigations will follow guidelines established by each agency's respective policy manual or
guidelines. However, ICAC investigations shall also be governed by the national ICAC
program's Operational and Investigative Standards. Violation of the ICAC Operational
Standards is cause for cancellation of this MOA. This MOA 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 Task Force investigations are not in the best interest of the Task Force.
A. Redlands Police Department Responsibilities.
Redlands Police Department may:
1. Use "authorized personnel" 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." 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 OJJDP.
Conduct reactive investigations where subjects are associated within
the RPD jurisdiction, including investigations of child pornography,
CYBERTIP referrals from the National Center for Missing and Exploited
Children, Electronic Service Providers, Internet Service Provider, law
enforcement referrals, and other ICAC-related investigations. Additional
case initiations may develop from subject interviews, documented public
sources, direct observations of suspicious behavior, public complaints, etc.
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Record and document all undercover online activity. Any deviations from
this policy due to unusual circumstances shall be documented in the
relevant case file and reviewed by the ICAC Task Force Unit Commander.
4. Provide the Los Angeles ICAC Task Force with access to all ICAC
investigative files, including, without limitation, computer records, to
ensure compliance with all national ICAC standards for a period of no less
than three years.
5. Locate its ICAC investigators in a secure space provided by the RPD with
controlled access to all equipment, software, and investigative files. At a
minimum, information should be maintained in locked cabinets and
controlled by the RPD 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.
Note: Presenters shall not discuss ongoing investigative techniques and
undercover operations utilized by the ICAC Task Force in the education
and prevention programs.
V. SUPERVISION
The RPD 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 Task Force.
Internet Crimes Against Children investigations are a cooperative effort, and investigative
decisions will be a joint process guided by ICAC standards.
VI. JURISDICTION
The principal sites of Task Force activity will be within the jurisdictional areas of the respective
member law enforcement agencies. Nothing in this agreement shall otherwise limit or expand the
jurisdiction and powers normally possessed by RPD employees as a member of the RPD.
VII. EVIDENCE
Seized evidence and any other related forfeiture will be handled in a manner consistent with the
seizing law enforcement agency's policies.
VIII. LIABILITY
RPD 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 under this MOA. For tort liability
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purposes, no participating agency shall be considered the agent of other participating agencies.
Each participating agency shall be liable (if at all) only for the torts of its own officers, agents, or
employees that occur within the scope of their official duties.
IX. REPORTING STATISTICS
Using a form provided by the Los Angeles ICAC Task Force, the RPD shall submit monthly
statistics to the Task Force 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 1 Oth 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 pornography) case and/or criminal solicitation of a minor (enticement/traveler) case
investigated by the RPD. The Task Force will be responsible for all required reporting to the
OJJDP.
X. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL
RIGHTS AND NONDISCRIMINATION - 28 C.F.R. Part 38
The recipient (LAPD) and subrecipient RPD must comply with all applicable requirements of 28
Code of Federal Regulations (C.F.R.) Part 38 (as may be applicable from time to time),
specifically including any applicable requirements regarding written notice to program
beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination based on religion, a religious belief, a refusal to hold a religious belief, or a
refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and
requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage
in or conduct explicitly religious activities, as well as rules and requirements that pertain to
recipients and subrecipients that are faith -based or religious organizations.
The text of 28 C.F.R. Part 38 is available for reference via the Electronic Code of Federal
Regulations (e-CFR) (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse)
by browsing Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current' data.
XI. TRAINING
The RPD shall make investigators designated as Task Force members available for applicable
specialized training provided through the national ICAC program and other appropriate training
programs. The Task Force will review training requests and provide funding for ICAC-approved
training when appropriate.
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XII. PARTICIPATING AGENCY OBLIGATIONS AND CIVIL IMMIGRATION
ENFORCEMENT
The RPD, as a local law enforcement agency, is responsible for enforcing state and local
criminal laws. It is neither authorized nor responsible for the enforcement of civil immigration
laws or regulations.
The Congress of the United States has vested the United States Immigration and Customs
Enforcement and the United States Customs and Border Protection with the legal authority and
responsibility for enforcing civil immigration laws, including status violations and removal
proceedings. Therefore, Task Force personnel must abide by the limitations in legal authority
and responsibility for enforcing federal civil immigration laws.
The California Values Act or Senate Bill 54, other state laws, and each agency's existing policies
and practices provide procedural protections to ensure that each agency's personnel do not go
beyond existing legal authorities or contradict the agency's steadfast commitment to community
and constitutional policing principles.
XIII. SUBRECIPIENT GUIDELINES
As a grant subrecipient, RPD agrees to comply with LAPD and the Office of Justice Programs
(OJP) grant monitoring guidelines, protocols, and procedures, and to cooperate with LAPD,
Bureau of Justice Assistance (BJA) and The Office of the Chief Financial Officer (OCFO) on all
grant monitoring requests, including requests related to desk reviews, enhanced programmatic
desk reviews, and/or site visits.
The subrecipient agrees to provide to LAPD, BJA and OCFO all documentation necessary to
complete monitoring tasks, including documentation related to any subawards made under this
MOA. Further, the subrecipient agrees to abide by reasonable deadlines set by LAPD, BJA and
OCFO for providing the requested documents.
LAPD will engage in a formal written process to notify the subrecipient of corrective actions
needed to come into compliance. If the subrecipient does not take corrective action or does not
come into compliance with the provisions in this MOA, or fails to cooperate with LAPD's,
BJA's, or OCFO's grant monitoring activities, it may result in sanctions affecting the
subrecipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions
on the subrecipient access to grant funds; referral to the Office of the Inspector General for audit
review; designation of the subrecipient as a DOJ High Risk grantee; or termination of an
award(s). More information may be obtained by visiting the monitoring policies and procedures
posted on the OJP website: https://www.oip.gov/fundin_g/financial uig 'dedoj/iii-postaward-
requirements# 104-0
XIV. CONFIDENTIALITY
Except as required by court order, subpoena or by applicable law, the parties agree that any
confidential information pertaining to investigations of ICAC will be held in the strictest
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members or other law enforcement agencies where necessary, or as otherwise pennitted by
federal law, state law, and/or court order.
EFFECTIVE DATE
This MOA shall be effective on the date of the final signature of the parties and continue until
such time as federal funding for the grant ends or the MOA is canceled by either party upon
written notice delivered to both agency directors.
DATE:
JIM ONNE
Chief of Police
Los Angeles Police Department
DATE: �f S� 20 Z('
R H TOLBER
Chief of Police
Redlands Police Department
ATTEST:
JFXAE DONALDSON
City Clerk
City of Redlands
Attachment
Exhibit 1: Internet Crimes Against Children Task Force Program — Operational and
Investigative Standards
Attachment
Exhibit 1: Internet Crimes Against Children Task Force Program — Operational and
Investigative Standards
Memorandum of Agreement Between
LAPD AND RPD
EXHIBIT I
Internet Crimes Against Children
Task Force Program
Operational and Investigative
Standards
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Internet -Crimes .Against Children
Task Force Program
AND
Ar T T'Y
STANDARDS
ICAC Task Force Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised: November 1, 2023
LIMITED OFFICIAL USE -ONLY
LAW ENFORCEMENT SENSITIVE'
Table of Contents
Definitionsof Terms.....................................................................................................................2
L. ' Purpose of the ICAO Staudards.:............:...:..:....................:.:.....................I.......................: 5
2, ICAC National Program ...............................................
................. ........... ......... :................... 6
3. Oversight ofthe ICAC. Program .....:........:..............................:.....................I......................: 7
4. Selection and Retention of Task Force Members .................................... :...:...... :....:............ 8
5. Training . ... . ....... ..............................................,.... , ..........................
6. Case and' Evidence Management ............ .................................................... :...:................... 10
7. Task Force Reporting Requirements to OJJDP....................... ............ .....:..........................
1'1
8. Investigations .......................................... :............ :..................................
..................... :..:...12
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: November 1, 2023
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Definitions of Terms
Applicability of Terms
Although some ofthe 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 case 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. For the purposes of the.ICAC Program, federal and military law enforcement
Agencies are considered ,1j9Fliates. -
"Authorized. Personnel". are those who lack powers of arrest but have been authorized to
-participate in Investigations directed by law enforcement personnel (e.g., agency personnel;
digital evidence experts; etc.).
"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.
"Cgntraband Image" is.a visual depiction of any kind (including computer generated) in any
form. (including live streaming) that depicts or conveys -the impression that: (1) a minor or
purported minor is engaged in Sexually Explicit Activity, or (2) an adult is engaging in Sexually
Expiielt Activity in the presence of a minor or purported minor.
"CGr' is a wholly computer -generated visual depiction in any form (including printed/digital or
video).
"Crime" is any offense (or group thereof) Investigated bylaw enforcement that involves (or
involve) the exploitation/victintization of children facilitated by technology.
"CVIP" is the Child Victim Identification Program operated by NCMEC.
"CyberTipline" is a reporting mechanism operated by NCMEC that allows for the reporting of
suspected Crimes.
"Deconfliction" is a process whereby law enforcement cansubmitInvestigative information to
each other and or'to ICAC-related databases in order to determine whether other Members or
other law enforcement agencies have information concerning the same targets or Crimes,
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"DOJ" is the United.States Department of Justice.
"Employee" is a sworn or compensated individual; or any individual working underthe direction
and control of a law enforcement agency.
"Equipment" is any article, device or resource, including butnot limited to computers, phones,
online accounts and internet services, which are purchased or obtalned:for use in ICAC-related' .
matters:
"ICAC Program" or "Program" is the Internet Crimes Agaiunst.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'.' arc 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 apart of the Sworn Personnel of it 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 hWher
respective agency and Tpsk Force.
"NationaC](nitiatixe" is any -proposal that relies on the: cooperation and resources of a significant '.
number of Task Forces and, accordingly, has been approved by OJJDP.
'1NCWC1' is•the National Center for Missing and Exploited Children.
"OJJDP" is the Office of Juvenile.Justice Arid Delinquency Prevention within the DOJ.
"Partner" is a civilian or non-sworn.organization that OJJDP has recognized as a legitimate
source of assistance.
,Sexually Explicit Activity" is real or simulated:
1. Sexual intercourse of any kind;
2. Masturbation;
I Sadistic/masochistic conduct; and/or,
4. Lascivious exhibition of the anus, breast, genitals, or pubic area of any person.
ICAC Task Force Program Operational and Investigative Standards
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„Supervisor" is a Afember who has been designated. by his/her respective agency to supervise
Investigations'and other ICAC-related matters.
"Standards" are.all ofthe 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 Affiliates) (combined) as designated by OJJDP for a • .
Particular state or region.
"Vigilante" — is a non -Partner activist or activist organization engaged in investigative tactics or
-other law'eriforcement like activities, -
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1. Purpose of the ICAC Standards
These Standards are established by OJJDP to guide the administration and operation of the
ICIC,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; et cetera).
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
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I ICAC National Program
11 Mission of -the ICAC- Program
The'Internet Crimes Against Children (ICAO) Task ForceProgram.helps state, local, aad Tribal
law . nforcement agencies; And their federal and military partners, develop an effective response
to technology -facilitated child sexual exploitation and Internet crimes against children. This
: supp'ort encompasses'forensio and. Investigative compohentk; training and technical assistance,
victim services, tl?embers' wellness, prevention and conirirunity education.
.22 ' ICAC Background
The Internet Criines Against Children (ICAG) Task Force Program ;vas developed in 1998 in
response to the increasing number of children and teenagers using tlfe7 internet and other.
technology, the proiiferation of child, sexual abuse images available electronically,;and the
" - lieightened.online activity.by.predators seeking trnsu ei•vised contact with potential underage
p
• ' : -. victims:. - . - - -
The. ICAC,Program is• a national network of 61 coordinated task forces representing more than, '
200.'-federal, state,_and local law•en#brcement and prosecutorial agencies. These agencies are
engaged ti both proactive and reactive investigations; forensic examinations, and criminal
prosecutions. By helping. state and :l'ooal' agencies develop effective, sustainable responses to
chime child victimization — including responses to child sexual abuse images (Contraband
Images), the ICiiC Program :has increased law enforcement's capacity to combat technology-
-facilitated crimes against children at every level.
Because airests 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.onlide activity including online child
victimization'. Additional information about the ICAC.Program can be found on the OJJDP
-wpbsite:hWs://oledp.6ip.gov/ ro lis/intemet-cririres-against=children-task-force-program
i As of February 1, 2021
ICAC Task Force Program Operational and Investigative Standards -
FOR ICAC PURPOSES ONLY
Revised: November 1, 2013
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3. Oversight of the ICAC Program
3.1 The oversight of theX4C Program and the administration of ICAC grants or
cooperative agreements 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 and Supervisors 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 thatICAC activities comply with agency policies and these Standards.
33 Commanders shall ensure that each Member in his/her Lead Agency and each
Supervisor of an Afjiliate Agency receives a.copy of the Standards.
-` 3.3.1 --Supervisors shall ensure that each Member in his/her Affiliate Agency
receives a copy of the Standards but shall have the discretion to provide
- - - -- - Members with only the Sections of the Standards applicable to their job
functions.
3A Commanders shall submit all proposed National Initiatives to OJJDA no less than 90
days prior to the start of the project.
3.5
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.
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
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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. • ,
42 Commanders and Supervisors shall acknowledge the potential effects of
Investigations of and exposure to Conaubandlmages and recognize that the vieviing
of Contrabandlmages should be restricted. The following techniques are examples
- that have helped mitigate some of the potential negative effects of this work and may
aid with the retention of Members:
1. Work flexibility - Commanders and.Supervisors are encouraged to allow
flexibility for Investigators and others who are exposed to Contrabandimages
(e.g., frequent breaks, having an open-door policy, etc.).
2. Exposure to Contrabandlwgges r Commanders and Supervisors are
encouraged to implement practices which minimize the exposure to
Contrabandlmages by Members.
3. , Mental Health Providers (MHP) - In compliance with their agency
guidelines, Commanders and Supervisors are encouraged to work with NW
to make recommendations for care ofMembers and to provide education and
training designed to minimize the impact ofexpasutctoContrabandimages.
4. Impact of Coatraband Images - Commanders and Supervisors are encouraged -'
to share or pursue practices for minimization of the impact of Contraband
Images and to promote attendance at trainings regarding methods used to
minimize said impact.
4.3 Commanders and Supervisors shall recognize that ICAO 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?
2 FBI Is7nvestisation Behavioral Analysis Unit's Operational Safety Considerations White Invesagattng Child Sex
QNenders A handbook for Paw Enforcement Volume 1, March 2012.
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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.
52 Commanders shall ensure that nominees to attend any ICAC Program -sponsored
national in -person training event are current Members.
53 Commanders may allow non -Members of Affiliate,Agencies whose jobs further the
mission of the ICAO Program (e.g., patrol and school resource officers) to attend
ICAC Program -sponsored national online training.
- 5.4 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 orAfflllate providing the training.
-_ 5.5 Commanders may authorize Member attendance at non-ICAC Program -sponsored
. training, provided it complies with the Standards and supports the ICAC mission.
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FOR ICAC PURPOSES ONLY
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6. Case and Evidence Management
6.1 Commanders and Supervisors are responsible for determining Investigative priorities
and selecting cases for Investigation in their respective agencies. Those
determinations may include an assessment of factors such as, e.g., jurisdiction, agency
resources, victim risk, background knowledge, and the likelihood of securing the
information necessary to pursue each Investigation.
62 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 a reasonable effort to Deconflict active
Investigations.
63 Lead and Affiliate Agencies shall be subject to their Task Force's and respective
- agency's reporting procedures and case supervision systems. --
6A The storage and examination of digital devices shall be performed consistent with the
subject agency's'pmtocol.
6.5 Law enforcement transfers, and storage of evidence containing Contraband Images
- - shall be done in a secure manner consistent with the respective Task Force and agency
policies.
6.5.1 Absent a court order specifically ordering otherwise, evidence containing
- Contraband Images shall not be released to any defendant or representative
thereof.
6.6 When case referrals are made, the Member issuing the referral shall document the
recipient's contact information.
6.6.1 Commanders or their designees may refer cases to non Affiliate law
enforcement agencies with appropriate jurisdiction.
6.7 Case referrals typically include the following information:
1. An explanation for the referral (e.g., IP address iesolved to the receiving
jurisdiction, Affiliate has agreed to take the case, etc.);
2. Relevant documentation (e.g., reports, legal process documents, etc.); and,
3. Information that may aid in the continued Investigation of the matter.
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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 kith
of each month using the ICAC Monthly Performance Measures Report.
72.2 Affiliates shall report to their respective Commander both any ICAC
personnel changes involving Members within their respective agency and any
inability to fulfill their ICAC responsibilities or otherwise adhere to these
Standards.
73 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.
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8. investigations
8.1 Members shall conduct Investigations in a manner consistent with applicable laws and
these Standards.
8.2 Only law enforcement personnel shall direct Investigations.
M Authorized Personnel acting under the direction and supervision of law enforcement
may participate in Investigations.
8.4 Members shall not collaborate with Vigilantes. Further Members shall not approve,
condone, encourage, or promote Vigilante's activities.
8.4.1 The above Section (8.4) shall not preclude the use of information related to a
Crime provided by civilians who discover evidence of Crimes (e.g., those
who make CyberTip Reports, those who are mandated reporters, computer
repair workers who report suspicious data, parents, etc.).
8A.2 The above Section (8.4) shall not preclude the use of authorized over -hears or
other similar Investigative methods' designed to further an Investigation.
85 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.
8.5.1 The access, retention, storage, security, and disposal of Investigative or case
information shall be consistent with the subject agency's policies and federal
and state law regarding same. See also Section 6 on Case and Evidence
Management.
-8.6 As part of an active Investigation, Members shall not upload, transmit, or forward any
Contraband Images to those outside their respective agency (e.g., suspects, witnesses,
ESPs, etc.), except where otherwise permitted by law (e.g, to sworn personnel, to
NCMEC employees, etc.).
8.7 During active Investigations, Members may use visual depictions as a representation
of any Investigative Persona/person/purported person or as proof -of -life evidence
under two circumstances, only:
First, when the following factors are met:
1. The visual depiction (whether or not modified to suit Investigative needs by,
e.g., age regression) is of an actual person;
2. That person is an Employee;
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3. The Employee has given his or her written consent for the visual depiction to
be used;
4. Regardless of whether or not the Employee was a minor when the visual
depiction was taken, the Employee nevertheless was at, least 18 years old when
the Employee gave consent for such use; and,
5. The visual depiction does not depict or convey the impression of Sexually
Explicit Activity.
Second, when the visual depiction is CGI and does not depict or convey the impression of
Sexually Explicit Activity.
8.8 Notwithstanding these Standards, a federal or federally -approved Member (e.g., a
FBI/HSI agent, or a FBIIHSI Task Force Officer) may use a visual depiction that does
not meet the requirements of Section 8.7 if those visual depictions were authorized for
use by the FBI or HSI per that respective federal agency's, guidelines so long as those
guidelines are followed.
.89 Absent prosecutorial input to the contrary, during online Investigations, Investigators
shall allow the Investigative target to set the tone, pace, and subject matter of the
online conversation.
8.9.1 Section 8.9 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) to establish an online presence; (b) placing or posting advertisements;
or, (c) sending messages.
89.2 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.
8.9.3 Prior to conducting any large-scale (multi -target) operations, Members shall
notify the Commander and shall consult relevant prosecutors about the
operation.
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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 Contrabandlmages.
93 Members shall have priority in using Equipment, but Commanders may, nonetheless,
allow other personnel within Lead and Affiliate Agencies to use the Equipment,
provided said Equipment is used in accordance with the subject agency's policies.
9 A When practicable, Equipment which may be used in undercover aspects of an
Investigation shall be purchased covertly.
9.5 No personally-9wned equipment, accounts or networks shall be used in Investigations.
9.6 Software shall be properly acquired and licensed.
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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. Contraband Images shall be
sent to CVIP pursuant to NCMBC's standards regarding same. In addition, Lead and
Affiliate Agencies are encouraged to collaborate with NCMEC in their effort to
identify children depicted in Cor>IrabmulImages.
10J.1 Notwithstanding Section 10.1, some circumstances may arise (e.g., office
policy, victim privacy concerns, victims' rights laws# etc.) where a
Commander or Supervisor chooses not to send certain Contraband Images to
CVIP. In these instances, the subject Commander or Supervisor shall
document his/her reasons for doing so.
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.
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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.
11.2 Social media can be used to promote educational awareness as long as it is consistent
with all agency policy and these Standards.
11.3 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 IS
years of age. No Contrabandlmage shall be used in these presentations, nor shall a
presenter discuss confidential Investigative tools and techniques.
1IA 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 pre£crence for a product or service, but, when
--- done, shall avoid an implicit endorsement and shall include alternatives in the
presentation.
11.5 Materials and presentations shall be consistent with the ICAC Program's mission and
background, as enumerated in these Standards.
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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 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 respective OJJDP Program Manager if approached by
national media outlets about the 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.
12A Information provided by Task Forces to the media shall be consistent with the ICAC
Program's mission and background, as described in these Standards.
• End of ICAC Standards
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