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HomeMy WebLinkAbout12-11-2001 ICPD General Orders JUVENILE PROCEDURES Date of Issue ~ General Order Number NOVEMBER 20, 2001 01-06 OPS Reevaluation Date J Amends / Cancels JANUARY 2002 NEW C.A.L.EA. } Reference Chapter 44 INDEX A S: Arrest Investigation Procedures .~- ~, _~~_~ Searches I. PURPOSE -- The purpose of this policy is to provide guidelines for members of the Iowa City Police Department when dealing with juveniles in enforcement, custody, and child welfare situations. II. POLICY The Iowa City Police Department is committed to the reduction of juvenile delinquency and committed to the development and continuation of programs designed to prevent and control juvenile delinquency. The Departments juvenile function is the equal responsibility of all members, units and functions within the department. It is the responsibility of all members of the Iowa City Police Department to familiarize themselves with juvenile problems and established procedures for handling both criminal and non-criminal juvenile incidents as defined in this policy. Officers should bear in mind that only a small percentage of juveniles commit the majority of juvenile crimes. While this small percentage may require secure custody, the vast majority of juvenile offenders are likely candidates for non-secure custody and positive diversion and intervention strategies. With this in mind, officers should, when reasonable and justified under this policy, take those measures necessary to effect positive changes in juvenile offenders that are consistent with state law and the safety and security interests of the community. OPS-19.2 III. DEFINITIONS Status Offender: A juvenile who is charged with an offense that would not be a crime if committed by an adult· Responsible Adult: In the absence of a juvenile's parents or legal guardian, a responsible adult is one who is responsible for the physical custody of a juvenile or who is another adult acquaintance of the juvenile's parents or legal guardian who agrees and reasonably demonstrates the ability to provide supervision for the juvenile until parents, guardians or next of kin can assume responsibility. Non-Secure Custody: A condition under which a juvenile's freedom of movement is controlled by members of this agency and, during such time, the juvenile 1. is held in an unlocked, multi-purpose area that is in no way designed for residential use, such as a report writing room or an office; 2. is at no time handcuffed to any stationary object; 3. is held only long enough to complete identification, investigation and processing and then released to a parent, guardian or responsible adult or transferred to a juvenile facility or court; and 4. is under continuous visual supervision until released· Secure Custody: A condition in which a juvenile is physically detained or confined in a locked room, set of rooms or a cell that is designated, set aside or used for the specific purpose of securely detaining persons who are in law enforcement custody or when the juvenile is physically secured to a stationary object. IV. PROCEDURES A. Enforcement Alternatives Officers dealing with juveniles in enforcement capacities may exercise reasonable discretion as outlined in this policy in deciding on appropriate actions. Alternatives that may be considered include, but are not limited to; 1. release without further action; 2. informal counseling to inform the youth of the consequences of his actions; 3. informal referrals to community services; 4. referral to parents or responsible adult; 5. informal counseling of parents or responsible adult; 6. limited non-secure custody and warning at the PD; 7. issuance of summons or complaint; 8· arrest under non-secure custody; and 9. arrest under secure custody. U~i~ deciL:~g on an appropriate course of action, officers should abide by any no atiqp :j~quirements, consistent with state law and other departmental directives. OPS-19.3 B. Enforcement Criteria The following general guidelines may be used in determining appropriate enforcement and related actions that may be taken when dealing with juvenile incidents. I. Release without further action following informal counseling may be appropriate in certain minor incidents. II. When in the officers opinion, more than informal counseling needs to occur, the officer may elect to'do one or more of the following: Make contact with the juvenile's parant(s), guardian or other responsible adult; make a referal to an appropriate community service agency with or without follow-up; detain the juvenile at the PD until he/she can be released to a parent or guardian. These actions may be appropriate when: A. the incident is of a more sedous nature; or B. the attitude conveyed by the juvenile demonstrates a lack of raalizing the seriousness of the incident; or C. the juvenile has received prior warning, referrals, or has engaged in previous delinquent acts; or D. the juvenile's parent, guardian or responsible adult fails to provide appropriate control or supervision III. Officers may make a criminal referral when the circumstances surrounding the incident meet or exceed the seriousness mentioned above. Officers should make a criminal raferral against juveniles when they commit: A. acts that if committed by an adult would be serious misdemeanor or 'higher level charge. B. acts involving weapons; C. gang related offenses; D. acts which are assaultire in nature; E. acts committed while on probation or when they have charges pending against them; F. acts as repeat offenders or when they have refused to participate 'in diversion or intervention programs; or G. when it has been determined that parental or other adult supervision is ineffective. When a juvenile is taken into custody,-he/she should be transpo. rted to the police department or the detention facility as soon as reasonable practical, after being taken in to custody. IV. An officer may also take a juvenile into custody if the juvenile is in im~n nt ~ger to life or health, seriously endangered or is a runaway or in violation ~% o~r disposition. In all such cases these juveniles shall be h~ld in non-securq~--~to~ and% officers should contact the child's parent(s) or guardian as soon as reaso_r~3~ po~ibl~_rT~., When the parent(s) or guardian cannot be contacted or refuse to accept_ castoc~ th :~; II officer should contact the Youth Shelter for placement. ~ ~ ,c-- ~ OPS-19.4 V. In cases of alleged child abuse, first insure the safety of the child(ren) involved. The watch supervisor should be contacted and a determination made as to if an investigator should be called or if the responding officer should make telephonic contact with the Department of Human Services and finish the initial report and forward the report before the end of his/her watch to the investigations section. Copies of all reports shall also be forwarded to the Department of Human Services. Where probable cause exists to support a criminal charge of child abuse, an arrest is justified and the suspect should be taken into custody. If there is insufficient information available at the time to make a determination as to the existence of child abuse, the officer shall, in consultation with the Department of Human Services, take steps to ensure the safety of the child(ren). B. Status Offenses I. Based on the seriousness of and circumstances surrounding the offense, the background and demeanor of the juvenile and other relevant factors, an officer may release a juvenile to his parents, guardian or other responsible adult. Prior to releasing a juvenile to someone pther than the parent, the officer shall make reasonable steps to contact the parents for approval of the release. When the juvenile is released to someone other than a parent, the officer shall identify the person taking custody prior to the release of the juvenile. II. Juveniles taken into custody for status offenses may be frisked for weapons prior to being transported. III. Handcuffs or other restraints will only be used when: the juvenile being taken into custody physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when in the judgemerit of the officer, the child presents a risk of injury to the child or others. IV. Officers shall pay particular attention to juveniles under the influence of.alcohol or drugs to determine whether emergency medical services are warranted, . '.~ ' ' ,, V. Juveniles taken into custody for status offenses shall be held in non-secure custody,. for the purposes of identification, investigation, and reiated processirig, requirementsto, facilitate their release to a parent or responsible adult or transport to a juvenile shelter facility. V-L-Transportation of a juvenile in a "caged" vehicle is not considered secure custody. V~. ~t~f-us offenders and other juveniles taken into custody should not be placed in C____.'~ a~:are~-W,T~ adult suspects and shall also be: I ~ .!_ O ~- 1. under constant observation; ~ ,,._ r,D 2. afforded reasonable access to toilets and washing facilities; c:> L: 3. provided with access to water or other nourishment as needed; ~ ~2) 4. allowed reasonable access to a telephone. D. Criminal Offenses OPS-19.5 I. Juveniles taken into custody for criminal type offenses may be placed in restraints if the juvenile physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when, in the reasonable judgement of the officer, the child presents a risk of injury to the child or others. The parent, guardian, or custodian shall be notified as soon as reasonably possible once a juvenile is taken into custody. II. Unless the child is placed in shelter care or detention, the child shall be released to the child's parent, guardian, custodian, responsible adult relative, or other adult approved by the court. III. Fingerprints and photographs of juveniles shall be taken in conformance with the Code of Iowa chapter 232.148, and shall only be taken for an offense other than a simple misdemeanor. IV. Juveniles in custody .should be questioned in conformance with the Departmental Juvenile Waiver form. When practical, juveniles should be allowed to consult with their parent(s). To the extent practical, parents should be allowed to be present during the interrogation of juveniles. Questioning of juveniles should be limited in duration, preferably one hour or less, and questioning limited to two officers. V. Prior to terminating an interrogation, the questioning officer shall advise the juvenile and/or his/her legal guardian or responsible adult of the procedures to be used in making contact with the juvenile court office, in addition to information relating to applicable court appearances or other means of dealing with criminal charges. VI. Officers shall consider the age of the juvenile when requesting consent to search from a juvenile. The requesting officer shall clearly explain the voluntary nature of the consent and the right of the juvenile to refuse the request. Officers should not request consent to search from juveniles appearing to be under the age of twelve'. !Officers should attempt to contact the person in actual control of the property to:be searched,. prior to initiating the search. When the property to be searched is a -residence: arid the:' parents or person in actual control of the property is unavailable the officeFSha :cOntaCt:-::. :: the on-duty watch supervisor for advice on how to proceed. When the pr.o. perty~to; searched is other than a residence and the juvenile appears to be:under-the:age eft: fourteen, and the officer is unable to contact the person in actual control of the property to be searched, the officer shall request the on-duty supervisor resp6nd to the scene to determine how to proceed. This section does not apply when the property to be searched is a motor vehicle under the control of the juvenile. E. Reporting ~>~O I. Officers shall document contacts with juveniles on the J~v'enitEFl Departm ~ Complaint form. The form shall be filled out as completely as pos p~ J~/en,i]~: contacts include but are not limited to: -~ r-- A. when a charge is filed or contemplated, other than the excep1~m_' co~Ta~in in chapter 232.8 of the Code of Iowa. (cite and release exceptlons:~ OPS-19.6 B. transport of juveniles; O. Field Interview (FI) contacts with juveniles (for juveniles this will be used in lieu of FI cards), in these type situations officers should note on the complaint that it was a FI contact. D. juveniles in the company of others at the proximate time an offense was committed; - E. other circumstances as determined by watch supervisors or the Report Review Officer. 11. Officers shall fill out the Incident Report form consistent with those categories in which one is required for adult suspects. Ill. On an annual basis_ the Sergeant of Planning and Research shall analyze, evaluate and report on the enforcement and prevention actions taken by the department. The report shall include both a quantitative and qualitative component. The report should contain recommendations for the continuance and/or modification of current departmental efforts and or directives. R;~.Winkelhake Chief of Police WARNING ~ This directive is fo~:;idepartmental use only and does not apply in ~my,criminal.or ,civil :proceeding: The':!depa~tment policy should not be construed as a 6reationij~j~ga higher I~gal ~tandard of safety or care in an evidentia~ sense with re~ct to~:~hird~a~ Claims. Violations of this directive will only form the basis~ for depa~mental administrativesanctions; : ............ :, '~i' ADM-08.1 POLICE MEDIA RELATIONS / PUBLIC INFORMATION Date of Issue General Order Number NOVEMBER 20, 2001 01-07 Effective Date Section Code NOVEMBER 26, 2001 ADM-08 Reevaluation Date Amends / Cancels NOVEMBER 2002 NEW C.A.L. EA. Reference INDEX A S: It is the purpose of this policy to establish guidelines for release and diss inatioa:-of public information to print and broadcast media. II. POLICY It is the policy of the Iowa City Police Department to cooperate fully and impartially with authorized news media representatives in their efforts to gather factual, public information pertaining to activities of the department, as long as such information gathering does not unduly interfere with departmental operations, ongoing investigations, infringe upon individual rights or violate the law. ADM-08.2 III. DEFINITIONS Public Information: Information that may be of interest to the general public regarding policy, procedures or events involving the department or other newsworthy information that is not legally protected, does not unduly interfere with the mission of the department, ongoing investigations, infringe upon the rights of an individual or compromise the legitimate safety and/or privacy interests of officers, victims, witnesses or others. News Media Representatives: Those individuals who are directly employed by agencies of the electronic or print media such as radio, television and newspapers. Freelance workers in this field are to be regarded as other members of the general public unless otherwise designated by the Chief of Police or his/her designee. Public Information Officer (PIO): The department's PIO serves as a central source of information for release by the department and responds to requests for information by the news media and the community. IV. PROCEDURES A. Duties of the Public Information Officer The department's PIO is available to: i) Be present at the scene of major incidents; (1) at the scene of major incidents the officer in charge may designate an area for media to respond and a response route. The PIO will respond to this area and provide information and ~"~7~D~ updates to the media as available. ' 65 ii) assist the news media; ~ co ,~;~:::~iii) prepare and distribute media releases; (-__~ (1) when the PIO is unavailable, media releases will by provided by LL- > !--<r the on-duty watch commander or supervisor of the unit in -2~ FOE charge of the incident. All media releases will identify the ~ '_O. person issuing the release. ~ iv) arrange for, and assist at, news conferences; v) coordinate and authorize the release of information about victims, witnesses and suspects; vi) assist in crisis situations within the agency and coordinate the release of authorized information concerning confidential ag,ency investigations and operations. vii) The Public Information Officer will provide a single authoritative source for media contacts between 07:00 and 15:00 Monday through Friday. (1)When the PIO is not on-duty, the Watch Commander will handle media requests. In the event of extreme newsworthy incidents, the Watch Commander will determine the need for the PIO to respond. (2) Questions regarding an investigation being handled by the investigative section will be handled by the Investigative ADM-08.3 Supervisor in the absence of the PIO. In instances where the Investigative Supervisor is unavailable, the request will be handled by the on-duty watch supervisor. (3) In the event of a prolonged SRT deployment, the SRT commander may request that the PIO respond to a designated location or he/she will designate a person to serve as liaison with the media. The SRT commander may also designate routes by which members of the media should approach the area. Cooperation with the Media i) Authorized news media representatives shall have reasonable access to the PIO, the Chief of Police or his/her designee and Command Staff of the department as governed by this policy. When information is denied to a media representative, the basis for that denial shall be fully and courteously explained. ii) This department recognizes authorized identification from all local, national and international news organizations. Failure of media personnel to present authorized identification may provide grounds for restricting access to non-public information or to incident scenes. iii) Public information shall be released to the news media and public as promptly as circumstances allow, in as objective a manner as possible. iv) Public information may be provided to news media representatives and the public by telephone. v) Ranking officers at crime or incident scenes may release information of a factual nature to the media as governed by this policy or refer the inquiry to the PIO. Where the officer is unsure of the facts 'or the propriety of releasing information, he/she shall refer the inquiry to the watch commander or PIO. vi) When an operation involves multiple agencies the agency with primary jurisdiction will make determinations regarding appropriate media releases. The Iowa City Police Department will provide information consistent with this policy when it is the agency with primary jurisdiction. The information should include assisting agencies. ~_~7- vii)The Emergency Communication Operator shall inform the watch E'~:O~ commander as soon as possible upon receipt of information about TM events or activities that may be of media interest. 0~: viii)The watch commander shall be responsible for ,ensuring that the agency's PIO, Commander of Field Operations and Chief of Police are ~ informed of events that may be of media interest. O~ ix) Members of the Iowa City Police Department will be consistent in releasing information to the media for public dissemination. A decision to not release normally provided information shall not be solely based on the personal prominence of those involved. Conversely, information that is not routinely distributed shall not be put forth solely as a result of the personal prominence of an involved party. Non-investigative contact with the media is allowed and encouraged. Officers may provide information of a general nature which is not specific to an on- going investigation. ADM-08.4 d) Investigative Information From the initial stage of a criminal investigation until the completion of trial or disposition without trial, police personnel should refer requests for information to the Public Information Officer or his/her designee. Upon receipt of the request for information the following guidelines shall be adhered to: Information that may be released in connection with an investigation of an event or crime includes but is not limited to; (1) the type or nature of an event or crime; (2) the location, date and time, injuries sustained, damages, and a general description of how the incident occurred; ..,. (3) type and quantity of property taken; c~ (4) information about the victim of a crime; L/.jQ ~ .~ (5) requests for aid in locating evidence, a complainant or a ~ ~J~O suspect; ~J ~ ..j ~_, (6) numbers of officers or people involved in an event or ~,~ coF,_ investigation, and the length of the investigation; and ~ ~ (7) name of the officer in charge of a case, his supervisor and ~ ~ ~ assignment. (exception: the name of any undercover officer will ~ ~ not be released). (8) In instances where the disclosure of the above information may jeopardize an investigation, pose a danger to any person, or is reasonably likely to result in further victimization, the information will not be released ii) Information that may not be released in connection with an INVESTIGATION of an event or crime, unless authorized by the Chief of Police or his/her designee includes but is not limited to; (1) the identity of a suspect prior to arrest unless such information would aid in apprehending the suspect or serve to warn the public of potential danger; (2) the identity of any victim of a crime or any related information which, if divulged, could lead to the identification of victims or witnesses, if such disclosure would jeopardize an investigation to any significant degree, or if it would place any person in personal danger; (3) the identity of any critically injured or deceased person prior to notification of the-next of kin; if a next of kin is not reasonably able to be located, the supervisor of the section conducting the investigation shall determine the method of release of this information; (4) the results of any investigative procedure such as lineups, polygraph tests, fingerprint comparison, ballistics test or other procedures (the fact that these tests have been performed may be revealed without further comment); (5) information which, if prematurely released may jeopardize the investigation or interfere with apprehension such as; the nature of leads, specifics of an "MO", details of the crime known only to ADM-08.5 the perpetrator and the police, or information that may cause the suspect to flee or more effectively avoid apprehension; (6) information that may be of evidentiary value in criminal proceedings; (7) specific cause of death unless officially determined by the medical examiner; and (8) the home address or telephone number of any member of the department. iii) Arrest Information (1) Following arrest, issuance of an arrest warrant or filing of an information or indictment, it is permissible to release (a) the accused's name, age, residence, occupation and family status; (b) the time and place of arrest, whether pursuit or resistance was encountered, whether weapons were used, charges placed against the suspect and description of contraband seized; (c) the identity of the arresting officers and the duration of the investigation unless the officers are engaged in undercover operations; and (d) the amount of bond, scheduled court dates and place of the suspect's detention. (2) Following arrest and formal charqinq of a suspect, but prior to adjudication, the following types of information should not be released without the express permission of the Chief of Police --~ or his/her designee. ~5 ~'~0 (a) Character or reputation of a defendant or_- (b) Existence or contents of any confession, admission or LL] '~ statement of a defendant, or his/her failure or _.j co (-~ unwillingness to make a statement (this does not ~ >' ~ preclude the release of information that is in the public doma.n) ~_ O~ (c) Performance or results of any tests, or a defendants ~ refusal or failure to submit to tests. (I.e. polygraph or voice stress analyzer) (d) Identity, statement or expected testimony of any witness (e) Any opinion about the guilt or innoce.nce of a defendant or the merits of the case (f) Any opinion or knowledge of potential for a plea bargain or other pretrial action. b) Special Considerations - Criminal Matters i) Whether a crime scene or scene of another nature, police have an obligation to preserve the integrity of a scene to gather evidence and for other needed police activities. Therefore, police personnel will delineate the specific scene area and prevent all persons from entedng that area for such length of time as there is a need to do so. It may be necessary for scene preservation purposes, and to control general access to the area, to exclude the general public from not only ADM-08.6 the scene itself, but from a reasonable area around the scene. However, officers must recognize the need for news media representatives to fulfill their obligation to view the immediate scene area for news gathering or photographing purposes. The media representatives will be accommodated, so far as conditions and circumstances permit, to go as near as practicable to the scene itself. News representatives are not to be considered the same as the general public in the area of a scene but rather as persons to be accommodated so that they may fulfill their task. ii) The news media shall not be allowed access to any area or scene of an incident or crime where there is possibility that evidence may be damaged, altered, destroyed or otherwise prejudiced by its existence being published or portrayed. Once evidence has been processed, removed or otherwise secured by the department, the media may be allowed to enter by permission of the commanding officer at the scene. (1) If a police related incident is within a private building, police personnel will secure and protect that part of the building as may be necessary to protect the scene. Under such circumstances all persons may be excluded from the scene until processing is accomplished. If a request is made by a news media representative to enter a building or part thereof, and c:> %.~ such entry is not precluded because of police related purposes, Eb -./~ the news representative must obtain permission from the owner r"'~,.-:_ L -- or other person in charge of the building or dwelling; if ~ ,.=: 'jj.. -J ->'permission is not given and so stated in the presence of police O personnel, officers have an obligation to ensure that the denial [ ~. ~'~ ~ <~ is honored. -'~ 0-7; (2) Suspects or accused persons in custody shall not be posed or ~ -- arrangements made for photographs, telecasts or interviews, nor shall departmental personnel pose with suspects or accused persons in custody (3) When an individual is charged with a criminal offense and/or is _ sought by law enforcement authorities, photographs or mug shots may be released to the media to help locate the individual. No departmental photographs, mug shots, videotape, film or composites of subjects in custody shall otherwise be released to the media unless authorized by the Chief of Police or his/her designee. iii) Departmental personnel shall extend every reasonable courtesy to news media representatives at crime or incident scenes. Members of the Iowa City Police Department shall not engage in "off the record" comments. iv) At the scene of major crimes or incidents, such as hostage and barricade situations, the officer in charge shall designate a preliminary press area as early as reasonably possible and as close to the scene as safety and operational requirements allow. v) The fact that a suspected suicide has occurred may be reported to the media, along with factual information describing how it happened. The ADM-08.7 name, age, address, sex and occupation of the victim may also be released following notification of next of kin. The fact that a suicide note exists may also be acknowledged without further comment. The content of such notes is personal and confidential and shall not be released by the Iowa City Police Department. c) Special Considerations - Non-criminal Matters i) At the scene of significant accidents, man-made or natural catastrophes, the principles of media cooperation shall be maintained to the degree that they do not interfere with the mission of the police, fire, medical or other emergency relief workers. d) At fire related incidents, the decision to allow propedy identified news media representatives to pass beyond fire lines or to restrict them from a fire area, will be the responsibility of the on-scene fire commander. e) Sensitive information relating to internal investigation of police officers shall not be released without the express permission of the Chief of Police or his/her designee. f) Daily activity reports will be made available on a routine basis to media representatives. Statistical data may also be made available to the media. Media representatives are expected to abide the Code of Ethics published by the Society of Professional Journalists. In the event of a conflict between a member of the Iowa City Police Department and the media, the parties involved are encouraged to bring the concern to the PIO or his/her designee for resolution. a) If a media representative wishes to speak with an individual officer the request should be routed through the PIO or.when unavailable the watch supervisor. The watch supervisor will make the determination as .to the availability of the officer; however, to the extent possible these requests should be made in advance. Officers are expected to cooperate with media representatives to the extent of this policy. b) All media questions relating to the policies of the Iowa City Police Department should be directed. tO the Chief of Police or his/her designee. If questions arise when the Chief or his/her designee is not available, notifi__satior~e~f the request shall be forwarded by the watch supervisor. co R. J Winkelhake, Chief of PO~c~ WARNING -=' This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. i INV-03.1 CRIMINAL INTELLIGENCE Date of Issue General Order Number NOVEMBER 29, 2001 01-08 IEffective Date Section Code DECEMBER 3, 2001 INV-03 IReevaluation Date Amends / Cancels DECEMBER 2003 NEW IC.A.L.EA. Reference 51.1.1, s1.1.2 INDEX AS: Criminal Intelligence Inspections Intelligence Intelligence Reliability I. PURPOSE The purpose of this order is to identify the purposes for which criminal intelligence may be obtained, the purpose for which it may be used, who may access the information and methods for identifying the reliability of the information. In addition the order identifies the security and maintenance requirements for housing intelligence files and procedures for the dissemination of information contained in the files.. II. POLICY It is the policy of the Iowa City Police Department to identify those types of criminal activity, which require intelligence information beyond the normal practices of the department. All information submitted to Intelligence files shall be obtained in legal manner, verified to the extent practical and reviewed on a regularly scheduled basis and disseminated only to serve a legitimate law enforcement purpose. INV-03.2 III. DEFINITIONS Criminal Intelligence - Information compiled, analyzed and/or disseminated in an effort to anticipate, prevent, or monitor criminal activity. Reasonable Suspicion - is established when information exists which establishes sufficient facts to give a trained law enforcement or criminal investigative agency officer, investigator or employee a basis to believe that there is a reasonable possibility that an individual or organization is involved in a definable criminal activity or enterprise. Strategic Intelligence - Information concerning existing patterns or emerging trends of criminal activity designed to assist in criminal apprehension and c. dme c{~a:~trol strategies, for both short and long - term investigative goals. Tactical Intelligence - Information regarding a specific criminal event that ~-a~n<be bLSed immediately by operational units to further a criminal investigation, _l~¢ta~cal operations and provide for officer safety. '.~m IV. PROCEDURES While the collection of intelligence is necessary to successfully combat criminal activity, the collection of this type of information must conform to federal, state and local requirements. The collection of intelligence data is only permitted to fulfill a criminal investigation purpose and intelligence data shall be purged from the system when it no longer serves a useful purpose. Access to intelligence files shall be limited to the Chief of Police or designee, Commander of Field Operations, Commander of the Investigative Section and others as determined by the Commander of the Investigative Section on a case by case basis. Personnel submitting information to the intelligence system will be allowed access to the file associated with the information as needed. The commander of the Investigative Section is responsible for the evaluation, housing, maintenance, security, and dissemination/re-dissemination of strategic intelligence information. Only those personnel specifically mentioned above will have direct access to strategic intelligence files. Any officer or outside agency requesting intelligence information from the system shall direct their request to the Commander of the Investigative Section. The inclusion of information obtained from organizations, i.e. 'LEIN, or through participation in multi-jurisdictional task force shall comply with these requirements. The Commander of Investigations in consultation with the Chief of Police or designee will determine the need for gathering criminal intelligence and the means by which this information will be obtained. Personnel used in obtaining intelligence information will be familiar with the techniques and devices to be used for the collection of intelligence. FOCUS OF STRATEGIC INTELLIGENCE ACTIVITIES Members of the Iowa City Police Department shall only collect strategic intelligence information concerning an individual where there is "reasonable suspicion" that the INV-03.3 individual is involved in criminal conduct or activity and the information is relevant to that criminal conduct or activity. The collection of Strategic Criminal Intelligence shall be for the purpose of suppressing criminal activity in the Iowa City area. The types of incidents for which intelligence information may be obtained include, but are not limited to: 1o Narcotics manufacturing and/or trafficking; 2. Unlawful gambling; 3. Extortion; 4. Vice and pornography; 5. Infiltration of businesses for illegitimate purposes; 6. Bribery; 7. Major crime including homicide, burglary, auto theft, kidnapping, destruction of property, robbery, fraud, forgery, fencing of stolen property and arson; 8. Manufacture, use, or possession of explosive devices for fraud, intimidation or political reasons; 9.Organized crime; 10.Corruption of pubic officials; 11.Threats to public officials and private citizens; 12.Traveling criminals; 13.Other designated multi-jurisdictional activities. SUBMISSION OF INFORMATION Information submitted for inclusion in strategic intelligence files shall clearly identify the focus of the investigation. This shall include but not be limited to as many of the following identifiers that are available: 1. Full name; 2. Date of Birth; 3. Address; ,~"< r~ 4. Aliases; 5. Social Security number; 6. Drivers License number; 7. Physical Description; (height, weight, eye and hair color) 8. Place of birth; -'~ 9. Citizenship (if alien, Identification Number) 10. Distinguishing scars, marks, or tattoos; 11 .Violence potential; 12. Criminal identification number; 13. Criminal associates; 14. Modus Operandi. The collection of strategic intelligence information about the political, religious, or social views, associations, or activities of any individual or any group, association, corporation, business, partnership, or other organization, unless such information directly relates to criminal conduct or activity and there is reasonable suspicion that the subject of the information is or may be involved in criminal conduct or activity. INV-03.4 Submitted information shall include: 1. Date of submittal; 2. Name of submitting officer; -~C') 3. Name of submitting agency/organization. EVALUATION OF INFORMATION ~.~>"" Prior to entry in to the strategic intelligence system, the Commander of the Investigative Section shall evaluate the information. The evaluation shall include the reliability of the source of the information and the strength/validity of the information. Only information whose reliability and validity had been evaluated will be entered in the system. I.e. if reliability is unknown and the validity cannot be judged, it will not go in the system, as it would not meet the reasonable suspicion standard. Reliability shall be evaluated as follows: 1. Reliable - the reliability of the source is unquestioned or has been well tested in the past. 2. Usually reliable - the reliability of the source can usually be relied upon. 3. Unreliable - the reliability of the source has been sporadic in the past. 4. Unknown - the reliability of the source cannot be judged; authenticity or trustworthiness has not yet been determined by either experience or investigation. Validity shall be evaluated as follows: 1. Confirmed - the information has been corroborated by an investigator or another reliable independent source. 2. Probable - the information is consistent with past accounts. 3. Doubtful - the information is inconsistent with past accounts. 4. Cannot be judged - the information cannot be judged. Its authenticity has not yet been determined by either experience or investigation. DISSEMINATION/RE-DISSEMINATION OF INFORMATION Request for information from strategic intelligence files shall be directed to the commander of the investigative section. The request shall contain the name of the person requesting the information, the date, time and purpose of the request. In addition the request should identify specific identifying information on the person for whom the information is being requested. The Chief of Police or designee, Commander of Field Operations or Commander of Investigations may distribute information contained in intelligence files to members of the Iowa City Police Department or other law enforcement agencies. Information disseminated from intelligence files shall be designated as such. Members of this department are prohibited from forwarding or re-disseminating information from intelligence files to persons outside the Iowa City Police INV-03.5 Department without the express permission of the Chief of Police or designee, or Commander of Field Operations, or Commander of Investigations. When information from strategic intelligence files is disseminated, the Commander of Investigations shall record the following information within the file: 1. The date of dissemination of the information; 2. The name of the individual requesting the information; 3. The name of the agency/organization requesting the information; 4. The reason for the release of information; (need to know/right to know) 5. The information provided to the requester; 6. The name of the person disseminating the information. 7. The submission of intelligence information to regional or national criminal intelligence databases shall be in conformance with 28 CFR. REVIEW AND PURGING PROCEDURES Review and purging of intelligence information should be an ongoing process. The maximum retention period for intelligence information is five (5) years. If the information has not been updated and/or validated within the past 5 years, the information shall be purged from the intelligence files. IF information has been updated within the past five years, the file may be retained for a period of five (5) years from the most recent entry. Material purged from intelligence files shall be thoroughly deleted from any electronic storage devices and/or hard copies shall be shredded or otherwise made unusable. A record of the purge may be maintained containing the date and reason of the purge, as well as the name of the person completing the purge. The Chief of Police or designee may periodically inspect the intelligence file system to ensure that safeguards and requirements are being met. WARNING This directive is for departmental use only and does not apply in any criminal o,..~r civil proceeding. The department policy should not be construed as a creati~i~ of a I~her legal standard of safety or care in an evidentiary sense with respect_~foCthir 'arty claims. Violations of this directive will only form the basis for _~a~d~ntal~ administrative sanctions. _~nC,_~ u:> F"' SER 01.1 REPORT REVIEW Date of Issue ~ General Order Number NOVEMBER 20, 2001 90-02 Effective Date ~ Section Code NOVEMBER 26, 2001 SER-01 Reevaluation Date ~ Amends / Cancels NOVEMBER 2003 JUNE25, 1990 ISSUE C.A.L.E.A. I Reference 82.2.1 INDEX A S: ,.~ Report Reyiew Reports Required Report Process Evaluations ~ ~ ~ ~.~ I. PURPOSE The purpose of this order is to provide an ordedy system for the preparation and audit of official reports; to identify and correct inadequacies; and, to cause improvement in the quality, accuracy and timeliness of reporting. This order defines the procedures, authorities and responsibilities involved in the preparation, processing and review of official reports in the IOwa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to achieve and maintain a high level of quality in documenting the circumstances and actions involved in official police activities. This objective is essential to the validity of police records; the support of criminal prosecution; and, the effectiveness of investigative analysis and evaluative efforts. This policy applies to all official reports regardless of report format or originator. While the majority of reports result from sworn officer action, the involvement of Community Service Officers, Emergency Communications Operators and other members in the reporting process is_Within the purview of this order. SER 01.2 III. DEFINITIONS Report Review Officer - One of the duties assigned to the Sergeant of Planning and Research. For the purpose of this order report refers to; report forms provided by the Department, traffic citations, charges, State accident and ImpliedConsent forms, supplemental reports, and other reporting formats as determined by the Chief of Police or Designee. IV. PROCEDURES A report review function has been established in the Iowa City Police Department for the purpose of providing a central review and audit of official reports. The capture of data from reports for officer performance evaluation would tend to encourage individual interest in report quality improvement. The report review function is therefore redefined to incorporate responsibilities related to these systems and processes. A major objective of the report review process is to promote uniformity in preparation, supervisory review, correction, evaluation and timely processing of reports between watches and other report originating points. While uniformity tends to equalize factors such as error correction and performance weighting, it is not intended to reduce the authority or flexibility of first line supervisors in their review and assessment of reports; or, their actions to provide training to eliminate inconsistencies. It is stressed that report review is a joint responsibility of all personnel involved =in the reporting sequence, from initiating officer to supervisor, review officer and command staff. Review, correction, evaluation and training necessary to report quality should be conducted at every level and not considered a task for central report review only. 1 ) Reporting Officers a) To the extent possible officers are delegated the authority and reSpot]Stbility for determining the nature and extent of police action neCessary~in each assigned activity. b) Officers shall complete reports for all classifications of call~ as determined by t~tt Report Review Officer, as directed by Departmental orders, as ermined by a watch supervisor, or for incidents which a responding officer ~__~termines documentation is appropriate. Reports shall be concise, legible, timely. :--- ~ cc) c~orts shall be completed on forms designated by the Report Review LL cer or as designated in Departmental Orders. Report forms shall be ~ pieted as completely as possible and include mandatory fields and other '=' reT'evant information SER01.3 d) For all incidents assigned a case number, the assigned officer shall submit to the Records Section, documentation detailing the circumstances associated with the incident, by the end of the officers tour of duty. If the incident is one in which an incident report is not required, i.e. PAULA, a copy of the charge will serve as documentation. Incidents which require an incident or accident report, shall be completed at least to the extent that any supervisor can identify; the type of incident, date, time, location, victim and suspect. The assigned officer shall indicate on the submitted documentation that the incident is under investigation. For incidents under investigation by the initial reporting officer, the officer shall complete the report as soon as practical. All reports shall be completed within 30 calendar days. Reports of investigations extending beyond 30 days require the wdtten approval of the Watch Commander on which the original incident occurred. Officers shall file an update report on all cases that extend beyond 30 days at intervals not exceeding 10 days. The Watch or Section Commander_may waive the mandatory update reports by submitting in writing, notice to the Report Review Officer that the update reports have been waived. Where applicable, the person waiving the update report should include an anticipated date of completion. e) For incidents requiring follow-up investigation by the reporting or other officer, the originating officer shall complete required reports as completely as possible and submit a copy to the on duty watch commander. When an officer requests follow-up by another officer, the originating officer shall complete a follow up request sheet and attach it to a copy of the Original report. The follow up request will be submitted to an on duty watch commander. f) Copies of all charges shall be submitted prior to the end of the officer's watch. Traffic Citations shall be submitted as determined by the Report Review Officer. All other charges shall be submitted to a watch supervisor for review. Officers shall submit a copy of all non-traffic charges to the ECO for docketing. (this includes juvenile charges) 2) Watch Supervisors a) Watch supervisors have the primary authority and respons, ibility to review and determine adequacy of subordinate reporting; to require correction or addition to reports when necessary; to delay report submission where justified; or require the completion of any report prior to the end of the rep~ing o~ers < '1'} b) Watch supervisors are responsible for timely report co +rr+,~l.~on_r':-and, ..... submission, and for conducting or recommending personnel trai~required',~-i-1 for improvement in reporting quality. ':-- -'j _-:.. >.:._.~ SER 01.4 c) A watch supervisor may withhold a report for cause. The supervisor holding the report shall submit in writing the reason for holding the report.I.e. incomplete, incorrect or illegible. 3) Report Review Officer a) The Report Review Officer is a function of the Sergeant of Planning and Research. The Report Review Officer is delegated the authority and responsibility to act on behalf of the Chief of Police in conducting a central review of all police reports. b) The Report Review Officer is authorized to conduct detailed review of all police reports; to return unacceptable reports for correction; to monitor the status of the reporting process and recommend such action or training as required for improvement. The Report Review Officer shall maintain a record of all returned .reports along with their final disposition. c) The Report ~,eview Officer is responsible for timely processing of reports, coordination with supervisors and Department Staff on questions and improvement action; maintenance of such records and analytical data as required to support the review and related systems. 4) Report Review Procedures a) All reports will be assigned a case number and will be forwarded to a watch supervisor prior to the end of the watch during which the report was originated. Any delay in submission shall be approved by the respective watch supervisor, and a copy indicating the case is under investigation shall be submitted to Records. b) Watch supervisors shall review reports for completeness, accuracy and adequacy; and shall require necessary corrections or additions. c) The Report Review Officer shall separate incident reports, and: vedfy the sequence of submitted reports. Offense reports will be coordinated with. the supervisor, Investigative Section, to determine feasibility of further- investigative action. Copies 'of selected reports will be forwarded to investigations for action. ~ d~-~'~e Report Review Officer will examine each report to determine the ~ ..."c~ ~;~equacy of the report. Where correction or additional information is needed, I l i "' ':~the report will be returned to the responsible Watch Commander with a .... ~ ~ t s I.I > t = O~y correction to be made by the reporting officer. ~ I~ Reports returned for clarification, correction or completion shall be ~ completed and resubmitted within 10 working days. Reports requiring an extension shall be approved in writing by the Watch Commander of SER 01.5 the officer involved. Such extension shall indicate the reason, i.e. officer unavailable, along with an anticipated date of completion. e) The Report Review Officer will ensure entries are logged and traffic citations entered into the traffic records system. f) The Report Review Officer shall forward relevant reports to affected divisions or watches. He/she shall forward reports or classifications ef reports to the Investigative Section as requested by the Investigations supervisor. g) Upon final review by the Report Review Officer, reports shall be forwarded to the Records section for processing and filing. 'Rf~~~of Police WARNING This direc~ive is for departmental use only and does not apply in any criminal or civil proceedinl:J. The department policy should not be construed as a creation of. higher legal standard of safety or care in an evidentiary sense with respect to thin:d-party. Claims.: Violations .Of' this directive will only form the basis for departmental administrative sanctions.