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Compliance with CFR 28 Part 23 Criminal Intelligence Systems Operating Policies

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As a guide for those interested in criminal intelligence systems such as IntelNexus™, Crime Tech Weekly is publishing the following overview of Title 28, Part 23 of the Code of Federal Regulations (CFR 28 Part 23). The policy reads as follows:

CFR 28 PART 23–CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES
1. Purpose.
2. Background.
3. Applicability.
4. Operating principles.
5. Funding guidelines.
6. Monitoring and auditing of grants for the funding of intelligence systems.

1 Purpose.
The purpose of this regulation is to assure that all criminal intelligence systems operating through support under the Omnibus Crime Control and Safe Streets Act of 1968 are utilized in conformance with the privacy and constitutional rights of individuals.

2 Background.
It is recognized that certain criminal activities including but not limited to loan sharking, drug trafficking, trafficking in stolen property, gambling, extortion, smuggling, bribery, and corruption of public officials often involve some degree of regular coordination and permanent organization involving a large number of participants over a broad geographical area. The exposure of such ongoing networks of criminal activity can be aided by the pooling of information about such activities. However, because the collection and exchange of intelligence data necessary to support control of serious criminal activity may represent potential threats to the privacy of individuals to whom such data relates, policy guidelines for Federally funded projects are required.

3 Applicability.
(a) These policy standards are applicable to all criminal intelligence systems operating through support under the Omnibus Crime Control and Safe Streets Act of 1968.

(b) As used in these policies: Criminal Intelligence System or Intelligence System means the arrangements, equipment, facilities, and procedures used for the receipt, storage, interagency exchange or dissemination, and analysis of criminal intelligence information; Inter-jurisdictional Intelligence System means an intelligence system which involves two or more participating agencies representing different governmental units or jurisdictions; Criminal Intelligence Information means data which has been evaluated to determine that it: (i) is relevant to the identification of and the criminal activity engaged in by an individual who or organization which is reasonably suspected of involvement in criminal activity, and (ii) meets criminal intelligence system submission criteria; Participating Agency means an agency of local, county, State, Federal, or other governmental unit which exercises law enforcement or criminal investigation authority and which is authorized to submit and receive criminal intelligence information through an inter-jurisdictional intelligence system. A participating agency may be a member or a nonmember of an inter-jurisdictional intelligence system; Intelligence Project means the organizational unit which operates an intelligence system on behalf of and for the benefit of a single agency or the organization which operates an inter-jurisdictional intelligence system on behalf of a group of participating agencies; and Validation of Information means the procedures governing the periodic review of criminal intelligence information to assure its continuing compliance with system submission criteria established by regulation or program policy.

us-constitution4 Operating principles.
(a) A project shall collect and maintain criminal intelligence information concerning an
individual only if there is reasonable suspicion that the individual is involved in criminal conduct or activity and the information is relevant to that criminal conduct or activity.

(b) A project shall not collect or maintain criminal 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.

(c) Reasonable Suspicion or Criminal Predicate 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. In an inter-jurisdictional intelligence system, the project is responsible for establishing the existence of reasonable suspicion of criminal activity either through examination of supporting information submitted by a participating agency or by delegation of this responsibility to a properly trained participating agency which is subject to routine inspection and audit procedures established by the project.

(d) A project shall not include in any criminal intelligence system information which has been obtained in violation of any applicable Federal, State, or local law or ordinance. In an inter-jurisdictional intelligence system, the project is responsible for establishing that no information is entered in violation of Federal, State, or local laws, either through examination of supporting information submitted by a participating agency or by delegation of this responsibility to a properly trained participating agency which is subject to routine inspection and audit procedures established by the project.

(e) A project or authorized recipient shall disseminate criminal intelligence information only where there is a need to know and a right to know the information in the performance of a law enforcement activity.

(f) (1) Except as noted in paragraph (f) (2) of this section, a project shall disseminate criminal intelligence information only to law enforcement authorities who shall agree to follow procedures regarding information receipt, maintenance, security, and dissemination which are consistent with these principles. (2) Paragraph (f) (1) of this section shall not limit the dissemination of an assessment of criminal intelligence information to a government official or to any other individual, when necessary, to avoid imminent danger to life or property.

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(g) A project maintaining criminal intelligence information shall ensure that administrative, technical, and physical safeguards (including audit trails) are adopted to insure against unauthorized access and against intentional or unintentional damage. A record indicating who has been given information, the reason for release of the information, and the date of each dissemination outside the project shall be kept. Information shall be labeled to indicate levels of sensitivity, levels of confidence, and the identity of submitting agencies and control officials. Each project must establish written definitions for the need to know and right to know standards for dissemination to other agencies as provided in paragraph (e) of this section. The project is responsible for establishing the existence of an inquirer’s need to know and right to know the information being requested either through inquiry or by delegation of this responsibility to a properly trained participating agency which is subject to routine inspection and audit procedures established by the project. Each intelligence project shall assure that the following security requirements are implemented: (1) Where appropriate, projects must adopt effective and technologically advanced computer software and hardware designs to prevent unauthorized access to the information contained in the system; (2) The project must restrict access to its facilities, operating environment and documentation to organizations and personnel authorized by the project; (3) The project must store information in the system in a manner such that it cannot be modified, destroyed, accessed, or purged without authorization; (4) The project must institute procedures to protect criminal intelligence information from unauthorized access, theft, sabotage, fire, flood, or other natural or manmade disaster; (5) The project must promulgate rules and regulations based on good cause for implementing its authority to screen, reject for employment, transfer, or remove personnel authorized to have direct access to the system; and (6) A project may authorize and utilize remote (off-premises) system data bases to the extent that they comply with these security requirements.

(h) All projects shall adopt procedures to assure that all information which is retained by a project has relevancy and importance. Such procedures shall provide for the periodic review of information and the destruction of any information which is misleading, obsolete or otherwise unreliable and shall require that any recipient agencies be advised of such changes which involve errors or corrections. All information retained as a result of this review must reflect the name of the reviewer, date of review and explanation of decision to retain. Information retained in the system must be reviewed and validated for continuing compliance with system submission criteria before the expiration of its retention period, which in no event shall be longer than five (5) years.

(i) If funds awarded under the Act are used to support the operation of an intelligence system, then: (1) No project shall make direct remote terminal access to intelligence information available to system participants, except as specifically approved by the Office of Justice Programs (OJP) based on a determination that the system has adequate policies and procedures in place to insure that it is accessible only to authorized systems users; and (2) A project shall undertake no major modifications to system design without prior grantor agency approval.

audit-400x400(j) A project shall notify the grantor agency prior to initiation of formal information exchange procedures with any Federal, State, regional, or other information systems not indicated in the grant documents as initially approved at time of award.

(k) A project shall make assurances that there will be no purchase or use in the course of the project of any electronic, mechanical, or other device for surveillance purposes that is in violation of the provisions of the Electronic Communications Privacy Act of 1986, Public Law 99-508, 18 U.S.C. 2510-2520, 2701-2709 and 3121-3125, or any applicable State statute related to wiretapping and surveillance.

(l) A project shall make assurances that there will be no harassment or interference with any lawful political activities as part of the intelligence operation.

(m) A project shall adopt sanctions for unauthorized access, utilization, or disclosure of
information contained in the system.

(n) A participating agency of an inter-jurisdictional intelligence system must maintain in its agency files information which documents each submission to the system and supports compliance with project entry criteria. Participating agency files supporting system submissions must be made available for reasonable audit and inspection by project representatives. Project representatives will conduct participating agency inspection and audit in such a manner so as to protect the confidentiality and sensitivity of participating agency intelligence records.

(o) The Attorney General or designee may waive, in whole or in part, the applicability of a particular requirement or requirements contained in this part with respect to a criminal intelligence system, or for a class of submitters or users of such system, upon a clear and convincing showing that such waiver would enhance the collection, maintenance or dissemination of information in the criminal intelligence system, while ensuring that such system would not be utilized in violation of the privacy and constitutional rights of individuals or any applicable state or federal law.
federal-funds5 Funding guidelines.
The following funding guidelines shall apply to all Crime Control Act funded discretionary assistance awards and Bureau of Justice Assistance (BJA) formula grant program subgrants, a purpose of which is to support the operation of an intelligence system. Intelligence systems shall only be funded where a grantee/subgrantee agrees to adhere to the principles set forth above and the project meets the following criteria:

(a) The proposed collection and exchange of criminal intelligence information has been
coordinated with and will support ongoing or proposed investigatory or prosecutorial activities relating to specific areas of criminal activity.

(b) The areas of criminal activity for which intelligence information is to be utilized represent a significant and recognized threat to the population and: (1) Are either undertaken for the purpose of seeking illegal power or profits or pose a threat to the life and property of citizens; and (2) Involve a significant degree of permanent criminal organization; or (3) Are not limited to one jurisdiction.

(c) The head of a government agency or an individual with general policy making authority who has been expressly delegated such control and supervision by the head of the agency will retain control and supervision of information collection and dissemination for the criminal intelligence system. This official shall certify in writing that he or she takes full responsibility and will be accountable for the information maintained by and disseminated from the system and that the operation of the system will be in compliance with the principles set forth in 23.20.

(d) Where the system is an inter-jurisdictional criminal intelligence system, the governmental agency which exercises control and supervision over the operation of the system shall require that the head of that agency or an individual with general policymaking authority who has been expressly delegated such control and supervision by the head of the agency: (1) assume official responsibility and accountability for actions taken in the name of the joint entity, and (2) certify in writing that the official takes full responsibility and will be accountable for insuring that the information transmitted to the inter-jurisdictional system or to participating agencies will be in compliance with the principles set forth in 23.20. The principles set forth in 0 23.20 shall be made part of the by-laws or operating procedures for that system. Each participating agency, as a condition of participation, must accept in writing those principles which govern the submission, maintenance and dissemination of information included as part of the inter-jurisdictional system.

(e) Intelligence information will be collected, maintained and disseminated primarily for State and local law enforcement efforts, including efforts involving Federal participation.

6 Monitoring and auditing of grants for the funding of intelligence systems.
(a) Awards for the funding of intelligence systems will receive specialized monitoring and audit in accordance with a plan designed to insure compliance with operating principles as set forth in 23.20. The plan shall be approved prior to award of funds.

(b) All such awards shall be subject to a special condition requiring compliance with the
principles set forth in 23.20.

(c) An annual notice will be published by OJP which will indicate the existence and the objective of all systems for the continuing inter-jurisdictional exchange of criminal intelligence information which are subject to the 28 CFR Part 23 Criminal Intelligence Systems Policies.

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black versionCrime Tech Solutions is a leading provider of criminal intelligence database management software for 28 CFR Part 23 compliance. The company also develops Case Closed™ investigation case management software, sophisticated link analysis software, and advanced crime analytics.

Study: Violations of privacy rights by fusion centers are the exception, not the rule

Great 28 CFR Part 23 article from Indiana University – Purdue University Indianapolis discussing Jeremy Carter’s “Law Enforcement Fusion Centers: Cultivating an Information Sharing Environment while Safeguarding Privacy.”

See the article at http://news.iupui.edu/releases/2016/07/fusion-centers-privacy-concerns-carter.shtml

 

 

 

Crime Tech Solutions Acquires Case Closed Software

June 1, 2016 (Austin, TX)   Crime Tech Solutions, LLC, a leading provider of analytics and investigation software for law enforcement and commercial markets, today announced that it has acquired Cleveland, TN based Case Closed Software in a cash transaction. The terms of the deal were not released, but according to Crime Tech Solutions’ founder and president Douglas Wood, the acquisition brings together two dynamic and fast-growing software companies with an unparalleled complement of technologies.
For Crime Tech Solutions, the opportunity to add Case Closed Software into the fold was too good to pass up” said Mr. Wood. “We think that the technology offered by Case Closed helps to further differentiate us in the market as the price performance leader for this type of investigative solution.PNG

Crime Tech Solutions, based in the city of Leander, TX, delivers advanced analytics and investigation software to commercial investigators and law enforcement agencies across the globe. Their solution suite includes criminal intelligence software, sophisticated crime analytics with geospatial mapping, and powerful link analysis and visualization software. The company says that the addition of Case Closed Software expands those offerings even further.

CaseClosed1Case Closed Software develops and markets investigative case management software specifically designed for law enforcement agencies. The suite is built around four primary software products including best-in-class investigative case management software, property and evidence tracking, a gang database tool, and an integrated link analysis and data visualization tool.

Case Closed couldn’t be happier than to be joining Crime Tech Solutions,” said Keith Weigand, the company’s founder. “The blending of our technologies creates a suite that will add tremendous value to our mutual customers, and will be hard for others to duplicate.

According to both Mr. Weigand and Mr. Wood, the name Case Closed will continue on as the product brand, given its widespread popularity and loyal customer base. Crime Tech Solutions is expected to retain all Case Closed employees, with Mr. Weigand joining as the company’s chief technical officer.

Crime Tech Solutions says it expects continued growth via ongoing software sales and strategic acquisitions.

About Crime Tech Solutions

(NOTE: Crime Tech Solutions is an Austin, TX based provider of crime and fraud analytics software for commercial and law enforcement groups. Our offerings include sophisticated Case Closed™ investigative case management and major case management, GangBuster™ gang intelligence software, powerful link analysis software, evidence management, mobile applications for law enforcement, comprehensive crime analytics with mapping and predictive policing, and 28 CFR Part 23 compliant criminal intelligence database management systems.)

What the heck do Crime Analysts do?

Posted by Crime Tech Solutions – Your source for analytics in the fight against crime and fraud.

NOTE: This great article is property of International Association of Crime Analysts and is posted in it’s original format HERE

What do Crime Analysts Do?

One: Finding Series, Patterns, Trends, and Hot Spots as They Happen

Crime analysts review all police reports every day with the goal of identifying patterns as they emerge. If a burglar starts targeting drugs stores in your jurisdiction, a crime analyst will let you know on the second incident. If domestic violence becomes a recurring problem in one family, an analyst will catch it. If your city, town, or county faces any emerging problem—youth disorder on a particular street, street robbery hot spots, new trends in fraud and forgery, a pattern of items being stolen from cars—your analyst can identify it and alert you about it as soon as possible.

Analyses of these trends, patterns, and hot spots provide you with the who, what, when, where, how, and why of emerging crime in your community. You can use this information to develop effective tactics and strategies, interceding as soon as possible, preventing victimization, and reducing crime.

Two: Researching and Analyzing Long-Term Problems

Crime analysis isn’t just about immediate patterns and series:analysts also look at the long-term problems that every police department faces. From a park that has been a drug-dealing hot spot for 20 years to a street that has a high number of car accidents to ongoing issues with crime and disorder at budget motels, a crime analyst can take it apart, explore its dimensions, and help the police department come up with long-term solutions.

Three: Providing Information on Demand

How often have you been frustrated getting the information you need from your records management or CAD system? Crime analysts know how to extract data from records systems, ask questions of it, and turn it into useful information. They know how to get data from other sources, and how to work with it. They know how to create charts, maps, graphs, tables, and other visual products.

Whether you need a list of all the incidents of youth violence over five years, or a chart showing trends in OUI arrests, or some statistics on motor vehicle citations, or a map showing an upcoming parade route, or an estimate of how many officers you’ll need in five years if current population trends continue, a trained crime analyst can put it together quickly and clearly.

Four: Developing and Linking Local Intelligence

Since September 11, 2001, we hear a lot about the need for intelligence. But what is it? And what does it have to do with local police departments?

Intelligence describes special information about criminals and criminal organizations: their goals, their activities, their chains of command, how money and goods flow through them, what they’re planning, and so on. Analyzing intelligence data on national and international problems is generally the responsibility of national and international agencies, but local police departments and local analysts play an important role.

First, as information synthesizers, crime analysts often know when local information or intelligence fits with state, national, or international intelligence. If the FBI issues a bulletin stating that terrorists are using forged passports from Belgium, your analyst will know to pay special attention when one of your reports mentions a Belgian passport. If a state agency issues a report on motorcycle gangs, your analyst can integrate that with your own police reports. In the post-September 11 world, you’re bombarded with information from multiple agencies at multiple levels; with a crime analyst, you have someone who can sift through this information and extract what’s relevant to your agency.

Second, your crime analyst can apply criminal intelligence analysis tactics to your local problems. Do you need a link chart showing the relationships between members of a local street gang? Or a carefully-crafted timeline for a court presentation? An analyst is trained in such techniques.

Five: Making Your Department Look Good

A crime analyst makes you and your agency look good to the public and to local government officials. You’re fully informed about a crime pattern before the press calls about it. The analyses, statistics, and charts on your web site and in printed publications convey that you are on top of crime and disorder. And when someone wants some information—whether a town selectman looking for statistics on juvenile liquor parties or a reporter looking for the top accident hot spots—you can provide it completely and quickly.

Crime analysts can also enhance the things you already do. Their desktop publishing skills can breathe new life into your reports, newsletters, and alerts; their graphing and charting skills can spice up your community presentations and budget requests; and their overall analysis and communications skills means that you always have someone on hand to explain crime and disorder—whether in meetings, interviews, or formal presentations—to the members of the community you serve.

How Can Crime Analysis Help Police Reduce Crime?

Pic005Posted by Crime Tech Solutions

The following article was published just over a year ago HERE by Dr. Laura Wyckoff, a Fellow at Bureau of Justice Assistance. We think it is worth exploring:

“Focusing resources on high-crime places, high-rate offenders, and repeat victims can help police effectively reduce crime in their communities. Doing so reinforces the notion that the application of data-driven strategies, such as hotspots policing, problem-oriented policing, and intelligence-led policing, work. Police must know when, where, and how to focus limited resources, as well as how to evaluate the effectiveness of their strategies. Sound crime analysis is paramount to this success.

What is crime analysis exactly? Crime analysis is not simply crime counts or the change in crime counts—that is just information about crime and not an analysis of crime. Crime analysis is a deep examination of the relationships between the different criminogenic factors (e.g., time, place, socio-demographics) surrounding crime or disorder that helps us understand why it occurs. Sound crime analysis diagnoses problems so a response may be tailored to cure it, or reduce the frequency and severity of such problems.

Data-driven policing and associated crime analysis are still in their infancy and are not typically integrated into the organizational culture as well as traditional policing strategies. Many agencies are still not aware of the advantages of an effective crime analysis unit, and others may not have the resources or knowledge to effectively integrate one. Of those that do employ crime analysis, many may not fully understand or accept this approach, or use it to its potential.

Additionally, police command staff typically are not analysts, so they may be unaware of how to guide this work to provide “actionable” crime analysis products that can be helpful for crime reduction efforts. At the same time, analysts are usually not police officers and may not be aware of how police respond to crime problems (both tactically and strategically), or what types of products will be most useful.

To be more effective at combating crime using data-driven strategies, we need to overcome these barriers and knowledge gaps. That is why the Bureau of Justice Assistance (BJA) established the Crime Analysis on Demand initiative. This initiative has a number of training and technical assistance opportunities focused on increasing crime analysis capacity in agencies across the nation. BJA’s National Training and Technical Assistance Center (NTTAC) is providing police agencies access to crime analysis experts that provide recommendations, training, and technical assistance to help agencies improve their application of crime analysis.

Additionally, the Police Foundation’s recent Crime Mapping and Analysis News publication provides a synopsis of the different services offered through this initiative. Other resources for crime analysis can be found on the International Association of Crime Analysts and the International Association of Law Enforcement Intelligence Analysts’ web sites.”