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Criminal
Intelligence
51.1.1
If the agency
performs an intelligence function, procedures must be established to ensure the
legality and integrity of its operations, to include:
a.
procedures for ensuring information collected is limited to criminal
conduct and relates to activities that present a threat to the community;
b.
descriptions of the types or quality
of information that may be included in the system;
c. methods for purging out-of-date or incorrect information; and
d.
procedures for the utilization of intelligence personnel and
techniques.
Commentary:
The intent of this standard is to establish agency accountability for the
criminal intelligence function in writing.
The function should be developed and operated to effectively meet the
agency's needs. Placement of the
function within the organizational structure is addressed by standard 11.1.1. Proving compliance with this standard may be accomplished
through a series of documents or a single, all-inclusive directive.
For this standard, the agency has
several options. First, this
function may be an extension of the criminal investigation function (Chapter
42). In this case, functional responsibility and position
accountability can simply be described in the C.I.D. directive(s).
On the other hand, the agency may wish to assign this function with its
vice, drug and/or organized crime control function(s) (Chapter 43).
In this case, the description of functional responsibility may be
addressed within those directives. The
placement of this function within the organizational structure is optional but
carries with it the responsibility for complying with the standards in this
chapter.
Intelligence
activities are important in all agencies, regardless of size.
Certain essential activities should be accomplished by an intelligence
function, to include a procedure that permits the continuous flow of raw data
into a central point from all sources; a secure records system in which
evaluated data are properly cross-referenced to reflect relationships and to
ensure complete and rapid retrieval; a system of analysis capable of developing
intelligence from both the records system and other data sources; and a system
for dissemination of information to appropriate components.
The intelligence activities should include information gathering,
analysis, and dissemination to the appropriate functions/components.
Activities undertaken in the intelligence effort should avoid
indiscriminate collection or distribution of information.
Training
in the safe, effective and legal use of specialized intelligence equipment is
required prior to personnel using the equipment.
All use should be carefully documented.
This equipment may include audio and/or visual monitoring equipment,
night vision equipment, and specially designed surveillance vehicles.
If the agency maintains a confidential
fund for intelligence activities, control and management of the fund should
comply with all applicable standards in Chapter 17.
(M M M M)
Standards
that start with the words If, When, or, In the absence of, are known as
“conditional” standards. The
applicability of conditional standards is based on the conditions that exist
within the agency. Standard 51.1.1
is a conditional standard, applicable only when the agency performs a criminal
intelligence function. This does
not mean the agency must have a criminal intelligence component within the
agency; it simply means the agency performs the function.
To
determine whether the agency is performing the criminal intelligence
function, read the glossary term for criminal intelligence, and
carefully read the commentary to the standard.
Criminal Intelligence is the act of converting information from a
variety of sources into enforcement strategies, priorities, policies, or
investigative tactics regarding specific crimes, suspects, or criminal
organizations; it is not the mere compilation of data.
Some
agencies are erroneously classifying standard 51.1.1 as not applicable by
function. As mentioned in the
commentary, criminal intelligence is an extension of the criminal investigation
function. If the agency has
responsibility for the criminal investigation function, it follows that it will
have responsibility for the criminal intelligence function.
It is also likely that if responsibility for criminal investigation rests
with another agency within the agency’s jurisdiction, the criminal
intelligence function will also rest with that agency.
Sometimes this responsibility may be split.
For example, a small agency may have responsibility for the investigation
of minor crimes, while responsibility for the investigation of major crimes or
organized criminal activity falls within the purview of a regional task force or
another agency having concurrent jurisdiction.
In many cases, task forces or other agencies deal only with specific
parts of the criminal intelligence function.
This may require the agency to maintain the remainder of the function.
In either case, the agency should have sound policies and procedures
on how criminal intelligence information is collected, safeguarded, relayed to
the appropriate authority, securely stored, disseminated, and purged.
Criminal
intelligence policies should be developed even if the agency rarely is involved
with the criminal intelligence function. This
will help ensure agency effectiveness and provide legal defensibility for the
manner in which the information is treated.
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