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HomeMy WebLinkAbout03-13-2007 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD March 13, 2007 — 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 02/13/07 • ICPD General Order 99 -02 (Alarm -Open Door Response) • ICPD General Order 01 -05 (Officer Involved Shootings /Lethal Incident Investigations) • ICPD General Order 01 -05 (Officer Involved Shootings /Lethal Incident Investigations) • ICPD General Order 04 -01 (Personnel Early Warning System) • ICPD SOG 01 -15 (Criminal Investigations) • ICPD Department Memo 07 -08 ITEM NO. 3 OLD BUSINESS • City Code Section 8- 8 -6(E) / Policy & Procedure for extension requests ITEM NO. 4 NEW BUSINESS ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS • April 10, 2007, 5:30 P.M., Lobby Conference Room • May 8, 2007, 5:30 P.M., Lobby Conference Room • June 12, 2007, 5:30 P.M., Lobby Conference Room • July 10, 2007, 5:30 P.M., Lobby Conference Room ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: March 9, 2007 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on March 13, 2007 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 03/13/07 • Minutes of the meeting on 02/13/07 • ICPD General Order 99 -02 (Alarm -Open Door Response) • ICPD General Order 01 -05 (Officer Involved Shootings /Lethal Incident Investigations) • ICPD General Order 01 -05 (Officer Involved Shootings /Lethal Incident Investigations) • ICPD General Order 04 -01 (Personnel Early Warning System) • ICPD SOG 01 -15 (Criminal Investigations) • ICPD Department Memo 07 -08 • PCRB Complaint Deadlines • PCRB Office Contacts — February 2007 Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.org DRAFT POLICE CITIZENS REVIEW BOARD MINUTES — February 22, 2007 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:32 p.m. MEMBERS PRESENT: Elizabeth Engel, Loren Horton, Greg Roth MEMBERS ABSENT: Candy Barnhill STAFF PRESENT: Staff Kettle Tuttle STAFF ABSENT: Legal Counsel Catherine Pugh OTHERS PRESENT: Sergeant Bill Campbell of the ICPD, and members of the public: Dean Abel, Caroline Dieterle, and Erin Henley DATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Engel and seconded by Horton to adopt the consent calendar as presented or amended. • Minutes of the meeting on 01/09/07 • Minutes of the meeting on 01/16/07 • ICPD General Order #95 -01 (Emergency Operation of Police Vehicles) • ICPD General Order #01 -06 (Juvenile Procedures) • ICPD SOG #07 -02 (Identity Theft) • ICPD Use of Force — December 2006 Motion carried, 4/0, Barnhill absent. Engel stated that on the January 91h minutes, Roth should be changed to Horton under Old Business. OLD BUSINESS None. NEW BUSINESS Meeting Times — At the August 8th meeting the Board agreed to move the meeting time to 5:30 for the next six meetings as a trial period and re- evaluate at that time. Motion by Horton and seconded by Roth to permanently move the meeting time to 5:30 as discussed. Motion carried, 4/0, Barnhill absent. In -car Recording Requests — Larson reported that Chief Hargadine had contacted him regarding requests for in -car recordings. There was concern due to the amount of time it takes to mask the officer's identity and the process is extremely problematic, in the end it rendered the in -car recording unusable. The Board discussed that it generally does not request the in -car recordings and shouldn't be an issue. February 22, 2007 Page 2 PUBLIC DISCUSSION Abel stated that he was interested in Community - Police relations and was interested in learning more about the Board. Larson mentioned he could pick up a brochure at the City Clerks office. Abel also stated that he was a member of the Hawkeye Chapter of the Iowa affiliate of the American Civil Liberties Union, and also a member of the Prairie State Mushroom Club, but attending the meeting as a private citizen. BOARD INFORMATION Larson informed the Board the City Clerk Karr had received a phone call from Representative Dave Loebsack requesting the phone number for the Chair of the Board. Larson did receive a call from a Lobbyist, wanting the Board to take a look at Senate Study Bill 1214. The bill relates to the rights of a peace officer and of public safety and emergency personnel. Larson reviewed the Bill and determined there was nothing in there that would impact the Board. Horton wanted to compliment the Police Department. A friend of his was involved in an auto accident and she had stated that the three officers at the scene behaved admirably and one officer gave her a ride home because her vehicle was inoperable. Roth also wanted to comment on a pursuit which occurred last Saturday. He was in Coralville at the corner of 965 and Hwy 6 during the incident and wanted to remark on how extremely well handled the situation was. STAFF INFORMATION Tuttle stated that the Finance Department distributed copies of the Budget Summary for all Boards and Commissions and if the Board would like a copy to take one with them at the end of the meeting, otherwise they would be available through Finance. EXECUTIVE SESSION Motion by Horton and seconded by Engel to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Horton absent. PCRB February 22, 2007 Page 3 Abel inquired about the proceedings after the Board comes out of executive session. Abel also asked if the purpose for executive sessions was to discuss complaints and the incident in general confirming that the Board does not have knowledge of the specific officer. Larson confirmed that the Board is not aware of officer identities. Dieterle questioned meeting schedule discussion, whether it was for upcoming items on the agenda. Larson informed her that it was only discussion regarding the dates /times of the following meetings and Board availability. Open session adjourned at 5:46 P.M. (Roth left the meeting due to a conflict of interest.) REGULAR SESSION Returned to open session at 6:02 P.M. Motion by Horton and seconded by Engel to set the level of review for PCRB Complaint #06 -05 to 8 -8 -7 (13)(1)(a), on the record with no additional investigation. Motion carried, 3/0, Barnhill and Roth absent. MEETING SCHEDULE • March 13, 2007, 5:30 P.M., Lobby Conference Room • April 10, 2007, 5:30 P.M., Lobby Conference Room • May 8, 2007, 5:30 P.M., Lobby Conference Room • June 12, 2007, 5:30 P.M., Lobby Conference Room Meeting times will permanently be changed to 5:30 P.M. henceforth. Engel will not be available for the March 13`" meeting. ADJOURNMENT Motion for adjournment by Engel and seconded by Horton. Motion carried, 3/0, Barnhill and Roth absent. Meeting adjourned at 6:04 P.M. $ ; }} {\ ®ƒ¢ ±7 \ror \ ¢T( ; i � _ k 2 �§ / �¢ _ ®( \2 § § It \ \ ( \ Q � q § * ' ■ � - ? 2 2 ? { ) § * x x x x $ $ 2 * * x ) \ § K § q § x * x x \ § � _ k 2 �§ / �¢ _ ®( \2 § § It \ \ ( \ Q � q § * OPS -08.1 ALARM = OPEN DOOR RESPONSE Date of Issue General Order Number February 9 1999 99 -02 Effective Date Section Code February 27, 2007 OPS -08 Reevaluation Date Amends /Cancels February 2008 1 Department Memo 96 -56 C.A.L.E.A. Reference 1.2.4,1.3.6, 81 2 13 See Index INDEX AS: Use of Force I Supervisory Responsibility -_ Building Search Alarm / Open Door Response Canine Procedure �? I. PURPOSE The purpose of this policy is to define the responsibilities and duties of officers when they respond to burglar alarms, bank alarms or "open door" calls. II. POLICY It is the policy of the Iowa City Police Department to respond to burglar alarms, bank alarms and open door calls in a safe and efficient manner. When responding to these types of calls, they shall be handled in manner which provides maximum safety for the officer and the public. The decision to search a building in these circumstances will be made only after attempting to contact a representative of the building, or when a representative is unavailable, after considering all of the circumstances surrounding the incident. Warrantless searches shall be conducted only if circumstances justifying a warrantless search are present. OPS -08.2 III. DEFINITIONS IV. PROCEDURES - A. BURGLAR ALARMS - ;? When a member of this department responds to a burglar alarm the officer should respond in a safe and reasonable manner. When approaching the location of the alarm the officer should consider the deactivation of emergency lights and siren if applicable. The officer should be observant for vehicles and /or persons leaving the immediate area. Upon arrival at the scene the officer should not park directly in front of the location from which the alarm is coming, instead they should park down the street from the alarm. The officer should approach the address from as concealed a position as possible. Upon reaching the exterior of the building, the officer should: 1. Check the exterior of the building for possible signs of a break -in. The officer should also check for open doors and monitor the interior of the building for suspicious activity. 2. If there are no obvious signs of forcible entry, the officer should notify communications. The alarm company is responsible for contacting a business representative. Upon receiving notification from the alarm company of the key holder response, the ECO should advise the officer if a representative is going to respond. If the representative requests that an officer accompany them into the building, the officer may do so. When a representative requests an officer to accompany them to inspect a building, a CAD entry shall be made listing the name of the representative as well as their relationship with the property in question. This will not constitute a search. 3. If there are signs of forced entry or attempted entry, officers should secure the perimeter of the building. When available, back -up officer(s) should check the immediate area for possible suspects or other buildings which may have been entered. Communications will contact a representative of the building at the officer's request. The representative shall be requested to come to the location before an officer enters the building. The contact will allow officers the opportunity to determine if anyone would be expected to be in the building. A supervisor should respond to the scene before entry is made. 4. If a building representative can not be contacted, a supervisor will make the determination whether: 1) officers will enter the building to conduct a search; 2) the building will not be entered and "extra patrol" initiated for the building; and /or, 3) a search warrant will be requested. Extra patrol requests will be forwarded to subsequent OPS -08.3 watches as applicable. Regardless of the decision to enter or secure the building, the supervisor of the day watch will attempt to contact a building representative the next business day. The building representative will be informed of the date and time of the incident and be asked to complete an emergency contact card and return it to the Police Department. 5. In instances where the building representative declines to come to the scene, a watch supervisor may authorize a search of the building if the building representative requests and consents to a search. 6. In instances where there is forced or attempted entry, the lead officer shall complete an incident report and required s plemental reports. B. OPEN DOORS AND WINDOWS - When an officer comes upon or is made aware of an open doors the '- following guidelines should be adhered to: 1. The officer(s) will secure the perimeter. At the officer's request, communications will contact a building representative to come to the location before any officer enters the building. 2. If the building representative cannot be contacted or does not desire to come to the location, the officer(s) will secure the building to the extent possible and initiate an "extra patrol" request for the duration of the watch and subsequent watches as applicable. The day watch commander will contact the building representative the next business day. The business representative will be advised of the date and time of the incident and be asked to complete an emergency contact card. C. SEARCH PROCEDURES 1. If a property representative is not available and there is a reasonable basis on which to conclude that an emergency threat to persons and /or property exists, a supervisor may authorize warrantless entry and search by officers. In the absence of such circumstances, any search must be pursuant to warrant. 2. In instances where the building representative declines to come to the scene, the watch supervisor may authorize a search of the building if the building representative requests and consents to a search. This does not require that the building be searched. •• 3. When a determination to search is made, with or without the contacting of a property representative, a supervisor should be present at the scene. 4. If a determination is made to search the property, officers should consider requesting an available canine team in assisting with the search. All use of canine teams shall comply with canine policies and procedures. 5. If it is determined that a search will be conducted, officers shall verbally identify themselves as members of the Iowa City Police Department prior to entry. If exigent circumstances exist, this notification may be waived by the supervisor on the scene. When assisting an outside agency, members of this department will be guided by this policy. Prior to the search of the building, a watch supervisor should be present. The watch supervisor should confirm that the person requesting the search has authority to authorize the search. When the building to be searched is a public building under the control of the City of Iowa City, an attempt to contact the appropriate department head should be made prior to authorizing the search of the building. When a determination is made that an officer will search a building, the officer will make the determination as to whether he /she will draw his /her weapon. If the officer decides to draw his /her weapon, a use of force report will be required only if an individual other than other police officers are encountered. In instances where multiple officers are involved in the search of a building and an individual is encountered, the on -scene supervisor may authorize one Use of Force report for all units present. IN ALL INSTANCES, ALL OFFICERS SHALL GUIDE_ D BY THE DEPARTMENTAL USE OF FORCE POLICY. D. BANK ALARMS " -= Officers responding to bank alarms or other financial institutions s-Kall utilize the authorized departmental protocol. SarNel Ha , Chief of Police OFFICER INVOLVED SHOOTINGS / LETHAL INCIDENT INVESTIGATIONS Date of Issue General Order Number AUGUST 1 2001 01 -05 Effective Date Section Code FEBRUARY 23 2007 INV -02 Reevaluation Date Amends / Cancels FEBRUARY 2009 1 Re -Issue C.A.L. E.A. Reference 1.3.6, 1.3.8, 11.4.5, 22.2.3 22.2.4 INDEX AS: Use of Force Shootings Deadly Force Internal Affairs I. PURPOSE It is the purposed of this policy to provide guidelines for the investigaoort of o7iicer- involved shootings or incidents resulting in the death or serious injury of potion p(pisibly resulting from police actions. II. POLICY It is the policy of the Iowa City Police Department that officer - involved shooting incidents and incidents resulting in serious injury or death be investigated with the utmost thoroughness, professionalism and impartiality to determine if officer actions conform with the law and departmental guidelines and directives. Further, the Iowa City Police Department will provide necessary assistance to officers involved in these type incidents. III. DEFINITIONS INV -02.2 IV. PROCEDURES A. OFFICER ON SCENE RESPONSIBILITIES Officers involved at the scene of a shooting or other incident resulting in the death or serious injury of a person resulting from the actions or involvement of a member of the Iowa City Police Department, shall take those measures that are reasonably possible and appropriate to protect their safety, the safety of others, and to preserve evidence essential to the investigation of the incident. This includes but is not Iin4i1?ed to - he following actions as appropriate: - 1. Ensure that the threats to officer safety and the safety to others �fre addressed. 2. Secure and separate suspects. v, 3. Relay information on fleeing suspects to communications and other field units and work with them to establish a containment area. 4. Request a supervisor and additional backup, emergency medical service and any other assistance immediately required. 5. If injured, administer emergency first aid to oneself if possible, then administer basic medical aid to suspects and others as necessary, pending arrival of emergency medical assistance. 6. Secure any suspect weapons as evidence. DO NOT open, reload, remove shell casings or in any other manner alter the weapons involved other than taking those steps required to make the weapon and scene safe. (After the scene is secure) 7. As time and capabilities permit before supervisory and other assistance arrives: a. Secure the area, establish a perimeter with crime scene tape and limit access to authorized personnel necessary to investigate the incident and assist the injured. b. Note time, survey the entire area for relevant facts, individuals who are present and who departs /departed the scene, witnesses, potential suspects and suspect vehicles. c. Protect evidence from loss, destruction or damage that is likely to occur before backup can arrive. Ensure that evidentiary items are not moved, note original location and position of persons, weapons, and other relevant objects and evidence. d. Record the names, addresses and phone number of all witnesses and other persons present at the scene and request that they remain on hand in order to make a brief statement whether or not they saw the incident. 4 ^r INV -02.3 B. SUPERVISORY RESPONSIBILITIES AT THE SCENE 1. Ensure the safety and determine the condition of the officer(s), suspect(s) and third parties. 2. If the officer has been shot or otherwise injured in the incident: a. Ensure that an officer accompanies and remains with the officer at the hospital. b. Ensure that the officer's family is notified on a priority basis and in person by a Watch Commander or Supervisor when possible. Ensure that they are assigned transportation to the hospital or other location where they are needed as soon as possible. Watch Supervisors should refer to the officer's Emergency Notification form prior to making the notification. c. Do not release the officer's name to the media or unauthorized parities. d. Summon Crime Scene Technicians to the scene. e. Assign an officer to the family for security, support, control of the press and visitors, establishment of communications and related matters. f. Ensure that the clothing of officers and other injured persons is collected for potential evidentiary purposes and that related - equipment of the officers is safeguarded. 3. If the officer is not injured, move him /her away from the center of activity accompanied by another officer. 4. Secure the officer(s) weapons as evidence. This shall be done in as discreet manner as possible and away from the immediate scene. The weapon shall be replaced as soon as reasonably practical, preferably immediately upon removal of the involved weapon. DO NOT open, reload, remove shell casings or in any other manner alter the weapons involved other than taking those steps required to make the weapon and scene safe. (After the scene is secure) 5. Confirm that the preliminary steps in item IV -A have been adequately addressed and, if not, take appropriate action to ensure that necessary actions are taken. 6. Ensure that the immediate area is contained and detain any suspects therein. 7. To the extent necessary, ensure notifications are made, to other agency personnel, to include: a. Lieutenants and above b. Public Information Officer c. Medical Examiner - d. Chaplain c, INV -02.4 8. Establish a command post if necessary. 9. Appoint a recorder to make a chronological record of activities at the scene, to include: persons present, actions taken by police personnel and the identity of any personnel who entered the incidenticrime scene, to include emergency medical and fire personnel. 10. Diagram the scene and photograph it as soon as possible. 11. Establish a media staging area as time permits unless the Public Information Officer assumes this responsibility. 12. Begin the following: a. Locate and secure -or secure in place - the officer's weapon(s) and ammunition casings. Check the weapons of all officers present, for discharge and secure the weapon when evidence of discharge exists. b. Locate the suspect's weapon(s) ammunition and expended cartridges. c. Collect information about the suspect, including name, physical description, domicile and other pertinent information. d. Locate and secure as evidence any clothing that may have been removed from the suspect by emergency medical personnel or others. e. Determine the original position of the officer(s)and the suspect(s) at the time of the shooting or use of force. C. POST - SHOOTING TRAUMA 1. Sworn and non -sworn personnel shall be familiar with and follow the provisions established by the Iowa City Police Department in post- shooting /use of deadly force emotional trauma in police personnel. a. The Officer in Charge shall ensure that those involved in the incident are allowed to contact family members as soon as practical after the incident. In the event the officer is injured and unable to contact family members, the Commanding Officer Field Operations or designee shall ensure that immediate family members are notified in person as soon as reasonably practical after the incident. b. The name of the officer(s) involved in the incident shall not be released. c. The Commanding Officer Field Operations or designee shall make contact with all involved officers within 24 hours of the incident and explain Employee Assistance Programs that are available to the employee. d. Within 72 hours of the incident, the Commanding Officer Field Operations or designee shall contact a traumatic stress INV -02.5 professional. He /she shall arrange for private appointments for the officer(s) determined to be directly involved in the incident and as requested, for their immediate family members. e. Upon request, agency personnel will be provided counseling services, for post incident stress. Counseling services will be available for families of personnel, either through Departmentally sponsored programs or via the City's Employee Assistance Program. r All personnel should be familiar with available mental health services and avail themselves of these services following officer- =- involved shooting /use of deadly force incidents. r:7 -3. The Chief of Police may place an employee involved in an incident =' resulting in death or serious injury on administrative leave or remove him /her from field duty consistent with the departments Use of Force Order. Prior to returning to field duty, employees involved in the incident shall be required undergo a fitness for duty evaluation. D. INVESTIGATOR'S RESPONSIBILITIES Investigation of officer- involved shootings /use of deadly force shall be the responsibility of the Commanding Officer Field Operations. Appointment of an investigator who will be responsible for conducting an Internal Affairs investigation into officer involved shootings /use of force incidents will be made by the Chief of Police. In cases where the force is used by the Commanding Officer Field Operations, the investigation shall be assumed by the Chief of Police or designee. The Commanding Officer Field Operations may appoint an Officer in Charge (at the rank of sergeant or above) who shall be responsible for ensuring that the following tasks are adequately addressed in the order deemed necessary and appropriate. 1. Ensure that tasks itemized in sections IVA and IVB of this policy have been appropriately and adequately completed. Take measures to ensure that any deficiencies in completing tasks are immediately remedied. 2. Receive a general briefing and walk- through by the supervisory officer regarding the circumstances surrounding the shooting /use of deadly force. 3. Ensure that the overall scene and evidentiary items are photographed and videotaped. Videotape all persons present at the scene. Color photographs of the officer as he /she appears at the scene shall be taken, to include any injuries sustained. INV -02.6 4. Ensure thorough inspection of the scene and proper collection of all items and substances of evidentiary value. 5. Obtain taped statements from the suspects. 6. Ensure that notification is provided to next -of -kin of injured or deceased suspects, preferably by someone of the rank of sergeant or above. 7. Locate and identify witnesses and conduct initial tape- recorded interviews. 8. Tape record interviews with fire department personnel, emergency medical service providers and other first responders to the scene. 9. Conduct separate tape- recorded interviews with each officer involved. a. Conduct the interview in a private location away from sight and hearing of agency members and others who do not have a need and a right to the information. b. Advise the officer(s) not to discuss the incident with anyone except a personal attorney or attorney representing the city, union representative, family member, health care professional, outside agency investigator (Division of Criminal Investigation) assigned to investigate the incident, or departmental investigator until the conclusion of the preliminary investigation. c. Be cognizant of symptoms of post- traumatic stress, to include time and space distortions, confusion, hearing and visual distortion and emotional impairment, including shock. (Defer tape- recorded interviews if these symptoms are evident) C _J 10.Take any weapon used by the officers into custody and handle it as _ evidence. The officer shall be provided a replacement weapon when practical after collection of his /her weapon. Firearms shall be taken S -' from officers in a discrete manner. 11. Where an officer has died, the Officer in Charge shall ensure that procedures established for line -of -duty deaths and death notifications are followed. 12. Contact the medical examiner and attend the autopsy of officer and /or suspect. Determine entrance and exit wounds, estimates of the shooter's position, the presence of controlled substances in the decedent's blood, or other related evidence. 13.Obtain search warrants as necessary for searches of vehicles, containers, homes and vehicles. INV -02.7 14. Develop a statement of preliminary basic facts for the media to be delivered by the agency spokesperson in conformance with the department's media policy. 15. Other investigative procedures as determined by the Officer in Charge or Commander of Field Operations. 16. Complete a report detailing the finding of the investigation. E. CHIEF OF POLICE The Chief of Police will coordinate the activities of responding commanders. The Chief of Police will determine the appropriate time to release names of involved officers to the media. The Chief of Police or designee may request the Iowa Department of Criminal Investigation to conduct an independent investigation of all incidents resulting in the death of an officer or citizen, resulting from or in the performance of their duties. The Chief of Police shall cause an Internal Affairs investigation to be initiated in incidents resulting in death or serious injury of an officer or citizen, resulting from or in the performance of the officer's duties. The Chief of Police may require a Critical Incident Debriefing within 10- days of the incident or completion of the investigation. This analysis should include the Commanding Officer Administrative Services and, as applicable, representatives of outside agencies involved in the incident, the Watch Commander of the watch that the incident occurred, on -duty supervisors at the time of the incident, Incident Commander, and others --as determined by the Commanding Officer Administrative Services. Other command or supervisory personnel may attend with the consent of the - Commanding Officer Administrative Services. Sa el Wargadjpk, Chief of Police WARN N is for departmental use.!ohly:. and does not'�pply in- ahysoriminal or civil; proceeding: The,ileparttnent policyw should- not;be coristrVed- as a credtton of 'a h gh6f legal "standard of. safety or care iri an evidertiart+ spnid With respect to tfiirtl= partya claims. Violations `01 this directive Will ©nly ~fisrm the basfs" far depart ent, administrative sanction's. I:VEORN OFFICER INVOLVED SHOOTINGS / LETHAL INCIDENT INVESTIGATIONS Date of Issue General Order Number AUGUST 1 2001 01 -05 Effective Date Section Code FEBRUARY 23 2007 INV -02 Reevaluation Date Amends / Cancels FEBRUARY 2009 1 Re -Issue C.A.L. E.A. Reference 1.3.5 1.3.8 11.4.5 22.2.3 22.2.4 t INDEX AS: Use of Force Deadly Force Shootings Internal Affairs l- w c., I. PURPOSE It is the purposed of this policy to provide guidelines for the investigation of officer - involved shootings or incidents resulting in the death or serious injury of person possibly resulting from police actions. II. POLICY It is the policy of the Iowa City Police Department that officer - involved shooting incidents and incidents resulting in serious injury or death be investigated with the utmost thoroughness, professionalism and impartiality to determine if officer actions conform with the law and departmental guidelines and directives. Further, the Iowa City Police Department will provide necessary assistance to officers involved in these type incidents. III. DEFINITIONS INV -02.2 IV. PROCEDURES A. OFFICER ON SCENE RESPONSIBILITIES Officers involved at the scene of a shooting or other incident resulting in the death or serious injury of a person resulting from the actions or involvement of a member of the Iowa City Police Department, shall take those measures that are reasonably possible and appropriate to protect their safety, the safety of others, and to preserve evidence essential to the investigation of the incident. This includes but is not limited to the following actions as appropriate: 1. Ensure that the threats to officer safety and the safety to others are addressed. 2. Secure and separate suspects. 3. Relay information on fleeing suspects to communications and other field units and work with them to establish a containment area. 4. Request a supervisor and additional backup, emergency medical service and any other assistance immediately required. 5. If injured, administer emergency first aid to oneself if possible, then administer basic medical aid to suspects and others as necessary, pending arrival of emergency medical assistance. 6. Secure any suspect weapons as evidence. DO NOT open, reload, remove shell casings or in any other manner alter the weapons involved other than taking those steps required to make the weapon and scene safe. (After the scene is secure) 7. As time and capabilities permit before supervisory and other assistance arrives: a. Secure the area, establish a perimeter with crime scene tape and _ limit access to authorized personnel necessary to investigate the t., incident and assist the injured. b. Note time, survey the entire area for relevant facts, individuals who are present and who departs /departed the scene, witnesses, potential suspects and suspect vehicles. c. Protect evidence from loss, destruction or damage that is likely to occur before backup can arrive. Ensure that evidentiary items are not moved, note original location and position of persons, weapons, and other relevant objects and evidence. d. Record the names, addresses and phone number of all witnesses and other persons present at the scene and request that they remain on hand in order to make a brief statement whether or not they saw the incident. B. SUPERVISORY RESPONSIBILITIES AT THE SCENE 1 `: 3. 12 7 INV -02.3 Ensure the safety and determine the condition of the officer(s), suspect(s) and third parties. If the officer has been shot or otherwise injured in the incident: a. Ensure that an officer accompanies and remains with the officer at the hospital. b. Ensure that the officer's family is notified on a priority basis and in person by a Watch Commander or Supervisor when possible. Ensure that they are assigned transportation to the hospital or other location where they are needed as soon as possible. Watch Supervisors should refer to the officer's Emergency Notification form prior to making the notification. c. Do not release the officer's name to the media or unauthorized parities. d. Summon Crime Scene Technicians to the scene. e. Assign an officer to the family for security, support, control of the press and visitors, establishment of communications and related matters. f. Ensure that the clothing of officers and other injured persons is collected for potential evidentiary purposes and that related equipment of the officers is safeguarded. If the officer is not injured, move him /her away from the center of activity accompanied by another officer. Secure the officer(s) weapons as evidence. This shall be done in as discreet manner as possible and away from the immediate scene. The weapon shall be replaced as soon as reasonably practical, preferably immediately upon removal of the involved weapon. DO NOT open, reload, remove shell casings or in any other manner alter the weapons involved other than taking those steps required to make the weapon and scene safe. (After the scene is secure) Confirm that the preliminary steps in item IV -A have been adequately addressed and, if not, take appropriate action to ensure that necessary actions are taken. Ensure that the immediate area is contained and detain any suspects therein. To the extent necessary, ensure notifications are made, to other agency personnel, to include: a. Lieutenants and above b. Public Information Officer c. Medical Examiner d. Chaplain INV -02.4 8. Establish a command post if necessary. 9. Appoint a recorder to make a chronological record of activities at the scene, to include: persons present, actions taken by police personnel and the identity of any personnel who entered the incident/crime scene, to include emergency medical and fire personnel. 10. Diagram the scene and photograph it as soon as possible. 11. Establish a media staging area as time permits unless the Public Information Officer assumes this responsibility. 12. Begin the following: a. Locate and secure -or secure in place - the officer's weapon(s) and ammunition casings. Check the weapons of all officers present, for discharge and secure the weapon when evidence of discharge exists. b. Locate the suspect's weapon(s) ammunition and expended cartridges. c. Collect information about the suspect, including name, physical description, domicile and other pertinent information. d. Locate and secure as evidence any clothing that may have been removed from the suspect by emergency medical personnel or others. e. Determine the original position of the officer(s)and the suspect(s) at the time of the shooting or use of force. C. POST - SHOOTING TRAUMA 1. Sworn and non -sworn personnel shall be familiar with and follow the provisions established by the Iowa City Police Department in r' post- shooting /use of deadly force emotional trauma in police personnel. a. The Officer in Charge shall ensure that those involved in the incident are allowed to contact family members as soon as practical after the incident. In the event the officer is injured and unable to contact family members, the Commanding Officer Field Operations or designee shall ensure that immediate family members are notified in person as soon as reasonably practical after the incident. b. The name of the officer(s) involved in the incident shall not be released. c. The Commanding Officer Field Operations or designee shall make contact with all involved officers within 24 hours of the incident and explain Employee Assistance Programs that are available to the employee. d. Within 72 hours of the incident, the Commanding Officer Field Operations or designee shall contact a traumatic stress INV -02.5 professional. He /she shall arrange for private appointments for the officer(s) determined to be directly involved in the incident and as requested, for their immediate family members. e. Upon request, agency personnel will be provided counseling services, for post incident stress. Counseling services will be available for families of personnel, either through Departmentally sponsored programs or via the City's Employee Assistance Program. All personnel should be familiar with available mental health services and avail themselves of these services following officer - involved shooting /use of deadly force incidents. 3. The Chief of Police may place an employee involved in an incident resulting in death or serious injury on administrative leave or remove him /her from field duty consistent with the departments Use of Force Order. Prior to returning to field duty, employees involved in the incident shall be required undergo a fitness for duty evaluation. D. INVESTIGATOR'S RESPONSIBILITIES Investigation of officer - involved shootings /use of deadly force shall be the responsibility of the Commanding Officer Field Operations. Appointment of an investigator who will be responsible for conducting an Internal Affairs investigation into officer involved shootings /use of force incidents will be made by the Chief of Police. In cases where the force is used by the Commanding Officer Field Operations, the investigation shall be assumed by the Chief of Police or designee. The Commanding Officer Field Operations may appoint an Officer in Charge (at the rank of sergeant or above) who shall be responsible for ensuring that the following tasks are adequately addressed in the order deemed necessary and appropriate. 1. Ensure that tasks itemized in sections IVA and IVB of this policy have been appropriately and adequately completed. Take measures to y ensure that any deficiencies in completing tasks are immediately remedied. n2. Receive a general briefing and walk- through by the supervisory officer regarding the circumstances surrounding the shooting /use of deadly force. 3. Ensure that the overall scene and evidentiary items are photographed and videotaped. Videotape all persons present at the scene. Color photographs of the officer as he /she appears at the scene shall be taken, to include any injuries sustained. 1;\ INV -02.6 4. Ensure thorough inspection of the scene and proper collection of all items and substances of evidentiary value. 5. Obtain taped statements from the suspects. 6. Ensure that notification is provided to next -of -kin of injured or deceased suspects, preferably by someone of the rank of sergeant or above. 7. Locate and identify witnesses and conduct initial tape- recorded interviews. 8. Tape record interviews with fire department personnel, emergency medical service providers and other first responders to the scene. 9. Conduct separate tape- recorded interviews with each officer involved. a. Conduct the interview in a private location away from sight and hearing of agency members and others who do not have a need and a right to the information. b. Advise the officer(s) not to discuss the incident with anyone except a personal attorney or attorney representing the city, union representative, family member, health care professional, outside agency investigator (Division of Criminal Investigation) assigned to investigate the incident, or departmental investigator until the conclusion of the preliminary investigation. c. Be cognizant of symptoms of post- traumatic stress, to include time and space distortions, confusion, hearing and visual distortion and emotional impairment, including shock. (Defer tape- recorded interviews if these symptoms are evident) 10. Take any weapon used by the officer(s) into custody and handle it as evidence. The officer shall be provided a replacement weapon when practical after collection of his /her weapon. Firearms shall be taken from officers in a discrete manner. 11. Where an officer has died, the Officer in Charge shall ensure that procedures established for line -of -duty deaths and death notifications are followed. 12. Contact the medical examiner and attend the autopsy of officer and /or suspect. Determine entrance and exit wounds, estimates of the shooter's position, the presence of controlled substances in the decedent's blood, or other related evidence. 13.Obtain search warrants as necessary for searches of vehicles, containers, homes and vehicles. C, INV -02.7 14. Develop a statement of preliminary basic facts for the media to be delivered by the agency spokesperson in conformance with the department's media policy. 15. Other investigative procedures as determined by the Officer in Charge or Commander of Field Operations. 16. Complete a report detailing the finding of the investigation. E. CHIEF OF POLICE The Chief of Police will coordinate the activities of responding commanders. The Chief of Police will determine the appropriate time to release names of involved officers to the media. The Chief of Police or designee may request the Iowa Department of Criminal Investigation to conduct an independent investigation of all incidents resulting in the death of an officer or citizen, resulting from or in the performance of their duties. The Chief of Police shall cause an Internal Affairs investigation to be initiated in incidents resulting in death or serious injury of an officer or citizen, resulting from or in the performance of the officer's duties. The Chief of Police may require a Critical Incident Debriefing upon completion of the investigation. The debriefing will include all officers involved with the incident. j Samuel HargoOffie, Chief of Police PER -05.1 PERSONNEL EARLY WARNING SYSTEM Date of Issue General Order Number February 6, 2004 04 -01 Effective Date Section Code February 22, 2007 PER -05 Reevaluation Date Amends /Cancels February 2010 C.A.L. E.A. Reference 22.2.3, 35.1.9 Personnel Early Warning System INDEX AS: Disciplinary System Employee Assistance Program Personnel Early Warning System Supervisor Responsibilities I. PURPOSE The purpose of this order is to outline identify the procedures to be used to identify potential personnel problems in their initial stages in order to redirect an employee's actions / behavior in a fashion consistent with departmental values and standards. sµ POLICY' It 'i the policy of the lowaYCity P6tce Department to maintain a Per nnel a, arty' Vtlarnl g System to provide s�!sterrtatlatreviews of spec,c, sigrst#icah- eve�1£s involving' CZ agency to es.: This s�z n is �leoessary fofi the Department zto a terc" its respor ibi rty o .ovaluate; ii en i y, . andI a silt employees 'who habit signs of performahoe and,/ stress elates = pkobienss. The Personr1t l: Party= Watning System lsf one method by which employees may be identified as possib] needing assistance with p #rformance and /or stress related problems. The system is intended to serve as a sys matic approach to highlight tenddheies that may otherwise be overlooked. PER -05.2 III. DEFINITIONS Personnel Early Warning System (PEWS) - A time sensitive system designed to effectively organize critical performance and evaluation data in a format conducive to promptly identify early indicators of certain performance and /or stress related problems and to facilitate any necessary or appropriate follow -up activities. IV. PROCEDURES Reporting Requirements A. Supervisors are responsible for reporting on all aspects of their subordinate's conduct and behavior. These reports shall include conduct that is both commendatory and problematic. All conduct and behavior reports shall be submitted to the Watch Commander or Unit Supervisor of the employee whose actions are being reported. a. Supervisors may initiate a PEWS review based on a single "significant" event or based on an on -going pattern(s) of identified behavior(s). B. Reports or forms containing information on selected types of pertinent incidents shall be entered into the Personnel Early Warning System (PEWS). These reports may be in the form of performance evaluations, internal investigations, memoranda, case reports, Reports of Inquiry, exceptional activity reports, or other departmental reports or forms. C. As part of the Department's ongoing evaluation of its employees, supervisors shall continually monitor the actions and behaviors of all employees under their direction. D. The Chief of Police's designee shall maintain and control all records of completed PEWS reviews. Personnel Early Warning Review A. When the level of significance or frequency of identified incidents is determined to be beyond that which is typically observed, the Watch Commander shall initiate a PEWS review. Additionally, the Watch Commander may initiate a PEWS review based on a single significant event as determined by the Watch Commander, or at the direction of a Division Commander or Chief of Police. B. Materials to be evaluated on an ongoing basis to determine whether to initiate a PEWS review, include but are not limited to: 1. Internal Affair Investigations; 2. Department performance evaluations; _ 3. Monthly activity report; _ 4. Citizen complaints; 5. Disciplinary action; 6. Use of Force incidents; j y PER -05.3 7. Motor vehicle pursuits; 8. Supervisory and employee reports; 9. Sick usage /officer injury (temp disability) 10.Tardiness; 11. Absenteeism a 12. Interference/ Obstruction charges; 13.Assault on officer; 14. Officer injury report; 15.Vehicle accidents; 16. Civil litigation Y c;i C. If the Watch Commander or Section Supervisor reasonably believes, after a review of the collected materials, that further review is necessary, the supervisor shall inform the employee's division commander of the findings. The division commander shall examine the findings and if in agreement, the division commander shall assign a supervisor to further review the incidents. D. Once assigned by the division commander, the reviewing supervisor shall schedule a counseling meeting with the employee. The supervisor shall prepare a written summary of the meeting, indicating if further inquiry is warranted and any corrective actions deemed necessary, consistent with General Order 89 -02 Disciplinary Philosophy. a. This may be in form of positive discipline such as training or counseling and /or punitive in nature ranging from a verbal reprimand up to and including termination. The summary shall be forwarded to the Chief of Police through the chain of command. The subject employee shall also be provided a copy of the summary of the review. E. Supervisors conducting a review shall have access to department reports, reviews, summaries, and analysis that may aid them in completion of the PEWS review. F. If deemed necessary by the Chief of Police or division commander, a meeting shall be scheduled with the Chief of Police and the employee's division commander to discuss the findings of the review and the recommended course of corrective action. a. This action may be voluntary, for example the employee seeking assistance through the Employee Assistance Program, or department mandated in accordance with the provisions set forth in General Order 89- 02 "Disciplinary Philosophy'. G. All reviews shall be maintained in the strictest confidence and shall not be discussed with other employees unless it is necessary for completion of the review. All employees made aware of a review shall be informed that unauthorized disclosure of any aspect of the review may result in disciplinary action. ;t PER -05.4 H. Founded PEWS reviews shall be documented on the employee's next evaluation. I. All PEWS reviews resulting in disciplinary actions above a written warning (i.e. written reprimand, suspension, etc.) shall be sent to Personnel and maintained in the employee's personnel file. Evaluation of the Personnel Early Warning System A. Annually, the Chief of Police or designee shall evaluate the PEWS. This evaluation shall include: 1. Quality of information entered into the system; 2. Proper utilization of the system; 3. Adherence to department policy; 4. Recommendations of changes to the system, its usage, or department policy. B. The evaluation shall be inclusive of December through November and be completed by February 15t of each calendar year. Sam el Harg ine, Chef of Police -'(IbARNING ' This directive is for department use ctnl�y and does not appfy in any criminal or civil vA proceeding. ! The department,poliCy; should not be 'construed as; a creation of a figH r legal standard of "safety or dare in an ev Monti M' sense with respect: to third -party claims. of this = dtrebti3e will -only farm the, t :Wki .for' depart "mental= administrative sanctions, �J V D c� i rya �vlA C/T DEPARTMENT MEMO 07-08 n TO: Chief Hargadine, Watch Commanders FROM: Captain Widmer REF: November - December Use of Force Review DATE: February 16, 2007 The "Use of Force Review Committee" met on February 15, 2007. It was composed of Captain Widmer, Sgt. Lord and Sgt. Kelsay and Officer McMartin. The review of submitted reports for November (23 incidents -30 reports) and December (15 incidents -22 reports) revealed no policy or training concerns. Of the 38 incidents, 8 were for the destruction of an animal and 6 were for a drawn sidearm (building search or felony stop). One report was returned due to lacking a signature, but no other reports were noted needing correction. Reminder that the "Type of Incident" is to be listed as the original reason for the response. For example, officers are dispatched to a Dog at Large. The dog is located, but then the owner shows to the scene, become belligerent and assaults an officer. The listed incident would not be Interference, Assault or Arrest ... it would still be Dog at Large. Also, any injury that the suspect has, whether it was obtained before, during, or after the use of force, needs to be noted and explained in the narrative. Please contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders, Review Committee 7 7: — Y� Iowa City Police Department Standard Operating Guideline SOG #: Effective date: 01 -15 February 0, 2007 Subject: Reference: INVESTIGATIONS, CASE CRIMINAL INVESTIGATIONS SCREENING, REPORT REVIEW Section: Issue #: INVESTIGATIONS 2 Com nd ig ture: Original Issue DECEMBER 7, 2001 J Purpose: The purpose of this guideline is to identify those steps taken by members of the Iowa City Police Department in the investigation of criminal activity. Additionally this guide identifies the responsibilities of those involved in the investigation of these type incidents. Additionally, this directive identifies basic responsibilities relating to the preliminary and follow -up activities of officers. The Iowa City Police Department strives to provide professional, quality investigative services to the citizens of Iowa City including but not limited to suppression, identification, apprehension and successful prosecution of criminals and criminal activities. Investigations shall be conducted in an efficient, unbiased manner. Definitions: Cold Case — Violent "crime against person" cases, new or old, that have not been solved. Procedures: A. INITIAL RESPONDING OFFICER Patrol officers are expected offenses that come to their investigations should include, to conduct a through attention. To the but not be limited to: 1) Observing and recording conditions, 2) Locating and identifying witnesses. 3) Maintaining and protecting the crime scene and arranging for it's processing. 4) Interviewing the victim, witnesses, complainant, and suspects. c r,. preliminary investigation of, ;? extent practical, preliminary i events and remarks. 0 Patrol officers should follow -up /complete the case to the extent practical prior to forwarding the case to the Investigation Section. With the exception of financial crimes, officers should complete investigations, which on their face, are simple misdemeanors. When forwarding non - financial simple misdemeanors to the Investigation Section, the initial officer should complete a follow -up request form. A watch supervisor shall sign the sheet acknowledging the need for follow -up from the Investigation Section. Cases, which on their face constitute a felony, should be forwarded by means of a follow -up request form to the Investigation Section for review. This does not mean that patrol officers should not or cannot follow through on or complete the investigation, but is to ensure that the investigation section has knowledge of the incident and possible suspect(s). In these instances the referral sheet should be marked INFO ONLY. Regardless of the value of the loss the preliminary officer should investigate financial crimes to the extent practical. At the completion of their investid6tion, a copy of their updated report should be forwarded to the Investigation Sectors:; 71 B. INVESTIGATION SECTION RESPONSIBILITIES c Organization - The Criminal Investigations Section is commanded by xa Lieutenant responsible for the planning, budgeting, inter- jurkdictionsl investigative coordination, and overall administration of the section in additionTo the normal day to day operations of the section. The Lieutenant of the Investigative Section is supervised by the Commander of Field Operations. Additionally, the lieutenant of the Investigative Section will periodically meet with the Chief of Police or designee. In addition there is a Sergeant assigned to the Investigation Section. The Sergeant will assist in supervising and act in place of the Lieutenant when the Lieutenant is on leave or otherwise unavailable. In addition, it will be the Sergeant's responsibility to directly supervise and work with the SCAT Unit. The Lieutenant of the Investigation Section shall provide an on -call list for weekends and holidays. This list shall be forwarded to the Communications Supervisor, Watch Commanders and the Commander of Field Operations. The designated on -call investigator shall be available by phone or pager. At other times when an investigator is not readily available, the Lieutenant of the Investigative Section shall be contacted and will assign an investigator as needed. Upon receipt of a case, the Lieutenant of the Investigation Section shall make a determination of the "solvability" of the particular case using the criteria contained in General Order 91 -07 Case Screening. Once assigned, the Lieutenant of the Investigation Section shall maintain records indicating the status of the case. The case records should indicate the case number, date assigned, the investigator assigned, case status, days open and other information as determined by the lieutenant of the Investigation Section. In order to maintain communications between the investigation and patrol functions, the Lieutenant of the Investigation Section shall periodically arrange for investigators to attend watch meetings on a "as needed" basis. Additionally, investigators may attend watch meetings when they determine the need to exchange information with a particular watch(s). When a member of the investigation section determines that information needs to be forwarded to the Patrol Section but the information is such that it can effectively be conveyed in- writing, the Investigator may forward the information to the appropriate Watct_ Commander(s). -' _7� C. INVESTIGATIVE PROCEDURES r4 The officer /investigator assigned a case shall maintain the case file ir1- asecute _ 1 area. The file shall include a copy of the preliminary investigative repcitand arty written statements. In addition, the investigator may include any lab results, follow up reports, notes, statements, and other materials as determined by the investigating officer. The investigating officers' follow -up should include those steps necessary to adequately conclude the investigation. Reports shall be completed in a timely manner and submitted or updated consistent with General Order 90 -02 Case, Report Review. To the extent necessary and practical the investigating officer should: 1) Review and analyze previous reports, records and /or technical reports, or lab results, relative to the investigation. 2) Conduct additional interviews and /or interrogations. a) This may include the interviewing or re- interviewing of the victim, witnesses and "bystanders ". b) Determine if any witnesses may be able to identify a suspect from a lineup. 3) Seek additional information from both departmental and non - departmental sources. These may include but are not limited to: a) Speaking with the officer(s) who were initially assigned the call. b) Obtaining information /data from the planning and research section. c) Obtaining information from records. d) Obtaining information from informants. e) Obtaining information from organizations, businesses, institutions and others that may have dealt with potential suspects. 4) Ensure the collection of evidence and the search of any relevant areas has been completed. a) The collection of evidence should conform to accepted, recognized practices. If the collection of a particular piece of evidence exceeds the expertise of the investigating officer, he /she shall contact a Crime Scene Technician. The collection of physical evidence by a CST shall be documented on a CST report. 5) Maintain contact with victims and witnesses throughout the duration of the investigation. 6) Identify and /or apprehend potential suspects and eliminate those who are no longer suspects. 7) Determine the suspect's potential involvement in other related crimes. 8) Check criminal history of suspects. 9) Thoroughly prepare the case for legal presentation. When uniformed and non - uniformed officers conduct interviews or interrogations, rooms designated for such purpose should be used and the entire interview / interrogation recorded (video preferred). Distractions shall be minimal in these rooms. Besides basic seating and a writing surface, other items in the room should be restricted to a telephone, writing supplies and / or recording equipment. When conducting an interview or interrogation of a potentially combative subject, officers shall notify the dispatch center and / or other officers. Monitoring shall be done by camera and / or one way window to ensure safety and to summon assistance if needed. In potentially hostile confrontations, the officer shall confirm the subject is unarmed. Consideration should be given by the officer to securing their own weapon in a department weapons lock box. Only one person should be interviewed or interrogated by no more than one or two officers in a given situation. The beginning time of the interview / interrogation shall be recorded as well as the ending time. Access for the person being interviewed or interrogated to restrooms, water or comfort breaks should be allowed on a reasonable basis. The time and duration of such breaks shall be recorded. Under no circumstances shall subjects being interviewed or interrogated in the police department be locked within any room or be restrained while unattended. D. HABITUAL / SERIOUS OFFENDERS When during the course of an investigation an officer has a reason to believe that' �7 one of the parties involved is a habitual or repeat violator the officer sh,411-incluop that information in the case file. For these purposes the following guiclines shall apply. _1 When investigating a felony, the investigating officer shall complete a NCIC criminal history on any suspects and check for previous conviction for similar offenses. If the incident involves a forcible felony and the Certified Criminal History (CCH) indicates a prior conviction for a similar offense the Investigations Commander shall be so advised so the case may be expedited. Chapter 902.8 of the Code of Iowa defines a habitual offender as someone, "...who has twice before been convicted of any felony in a court of this or any other state, or of the United States." An offense is a felony if, by the law under which the person is convicted, it is so classified at the time of the person's conviction. Whenever it is confirmed that a subject has been involved in a previous felony, the officer should include this information in the case file. When investigating a sexual assault and a suspect is developed the investigating officer shall record any prior sexual assault conviction history in the case file. Additionally the investigating officer shall determine if the subject is listed on the Iowa Sexual Offender Registry as determined in chapter 619A of the Code of Iowa. If an officer is investigating a child abuse /neglect incident, the officer should check the state child abuse registry for a previous record involving the child. If a record is located, this should be recorded in the case file. When a suspect meets any of the criteria listed above, the investigating officer shall include the information in the case file and notify the Prosecuting Attorney_ of this information. Notification may be in the form of forwarding of the CGH. E. COLD CASES Unsolved cases, particularly those of a violent nature against persons, ,strould be reviewed as resources and time permit. Over time, the position of person involved and other circumstances may change that present new opportunities to solve such cases. Additionally, technologies may develop allowing new or enhanced courses of investigation. The evaluation criteria of re- investigating a cold case generally includes the following but is not limited to: • Legal considerations, such as the application or expansion of statues of limitation • Technological considerations, such as the nature and condition of the evidence and the advancement of new technology techniques in solving a crime • Practical considerations, such as the availability of witnesses in the event DNA profile testing would identify a suspect and lead to an arrest and trial • Resource considerations, such as time, money and personnel available for investigation and forensic analysis The actions and activities of the cold case investigation generally include but are not limited to: • Identifying potential unsolved cases according to solvability factors • Reviewing case files, evidence logs, laboratory reports and autopsy reports • Evaluating the case evidence for potential probative DNA sources • Consulting with the DCI laboratory and the Johnson County Attorney's Office in submitting appropriate evidence to the laboratory for testing • Continuing investigative protocol by obtaining reference samples from suspects and other identified subjects • Identifying witnesses who are willing to proceed in prosecution • If a DNA profile does not match suspect's DNA profile, submitting the evidence profile to CODIS • Submitting investigative intelligence to State and Federal profiling repositories for information such as: VICAP (FBI's — Violent Criminal Apprehension Program) and / or RISS (Regional Information Sharing System). F. SURVEILLANCE EQUIPMENT A successful investigation may require the use of surveillance and undercover equipment which is not normally issued to investigators and officers. The Investigations Commander shall maintain an inventory of such equipment under his /her control. The Investigations Commander or designee shall use an equipment checkout log to record equipment that is issued for use. The form shall record the specific piece of equipment checked out, who it is checked out to, the date /time it is checked out and the date /time it is checked back in. It is recognized that certain assignments require the long term use of some types of equipment. Missing or defective equipment shall be reported to an investigations supervisor as soon as possible. G. CASE CONCLUSION OR SUSPENSION Upon conclusion or suspension of an investigation, the investigating officer shall purge the file of all redundant or non - related materials and forward the case file to their supervisor. The supervisor shall verify the completeness of the investigation. If there is need for further investigation, he /she may return the file to the investigating officer for further investigation. Prior to submission to the Records section the supervisor should verify that redundant or non - related information has been removed from the file. . v �> March 13, 2007 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #06 -03 Filed: Chief's Report due (90days): Chief's Report filed: PCRB Report due (45days): Extension Request (60 days) Addt'I Ext Request (60 days): PCRB Complaint #06 -05 08/04/06 11/02/06 10/19/06 12/04/06 02/02/07 04/03/07 Filed: 11/03/06 Chief's Report due (90days): 02/01/07 Chief's Report filed: 01/25/07 PCRB Report due (45days): 03/12/07 PCRB Complaint #06 -06 Filed: 12/14/06 Chief's Report due (90days): 03/14/07 Chief's Report filed: PCRB Report due (45days): POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS February 2007 Date Description 2 -6 Student called regarding duties of the Board for a paper