Tidbits for Law Enforcement

Transcription

1 Criminal Justice Information Sharing November 2013 Tidbits for Law Enforcement CJIS New Personnel Molly Brooks recently became the Director of the Criminal Justice Information Sharing Program (CJIS). She had been serving as the Interim CJIS Director since July Molly has a Bachelor of Science Degree in Business Economics and Public Policy from the Kelley School of Business at Indiana University. She also has a Juris Doctorate from the Chicago-Kent College of Law and a Project Management Professional (PMP) credential. Molly previously served as CJIS s SAVIN Program Manager. Prior to CJIS, Molly worked as an attorney at Sidley Austin LLP and served in several nonprofit roles, including operations manager, program manager, outreach coordinator, and strategic planning consultant. Heidi Smith is CJIS s new ND SAVIN Program Manager. Heidi has a Bachelor of Science Degree in Psychology from North Dakota State University and a Master of Science in Criminal Justice from St. Cloud State University. Prior to accepting this position, Heidi worked at the Department of Corrections and Rehabilitation for nearly 7 years. Most recently she was the Victim Services Coordinator for the DOCR, during which time she was an active member of the ND SAVIN Governance Committee. Heidi also worked as a human relations counselor in the treatment with the DOCR, working primarily with the sex offender population; as an intern in the Cass County State s Attorney s Office; and as a child protection specialist for Maricopa County Child Protection Services in Phoenix, AZ. Heidi serves on various criminal justice committees, such as the Domestic Violence Fatality Review Committee, the People United for Living in Safe Environments (PULSE) committee, and the North Dakota State Councils for Interstate Adult and Juvenile Offenders. What are CJIS Tidbits for Law Enforcement? ND CJIS promotes public safety and empowers criminal justice professionals to make informed decisions. Essentially, we work to ensure that the right criminal justice personnel receive the right information at the right time. CJIS programs that may be relevant to law enforcement include the CJIS Portal; the Law Enforcement Records Management System (LERMS); and the Statewide Automated Victim Information and Notification (SAVIN) Program. SAVIN and the Portal are provided to law enforcement at no cost. This edition of Tidbits for Law Enforcement provides brief updates related to each of these programs. Updates are provided to ensure that all law enforcement personnel are informed and empowered to provide feedback to CJIS. If you have any questions, comments, or feedback on CJIS or any of its programs, please do not hesitate to contact Molly Brooks, CJIS Director, at mbrooks@nd.gov or

2 Common Errors: Uniform Crime Reporting (UCR) Unknown Age: When coding unknown age, please use 00. Some users have been entering 99 which is only appropriate for someone that is the age of 99 or older. For example, a victim of nursing home crimes would fall into this category. Below is a full list of Valid Data Values for ages and their intended uses. If it is not possible to determine an exact age, enter an estimated age range (e.g ). Valid Data Values = Years Old NN = Under 24 Hours * NB = 1 6 Days Old * BB = Days Old * 99 = Over 98 Years Old 00 = Unknown * Available only for victim age Simple Assaults: Simple assaults cannot have a Major Injury. It is not consistent with the definition, which is included below. An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious or aggravated bodily injury involving apparent broken bones, less of teeth, possible internal injury, severe laceration, or loss of consciousness. Location Type under offense of 18-Parking Lot/Parking Garage : There have been questions about how to properly use the 18-Parking Lot/Parking Garage Location type under offense. Here are two examples of how it should be used. Example #1: A bus was stolen from a public parking lot. This incident s Location Type would be coded to 18 - Parking Lot/ Parking Garage as this parking lot is not tied to a particular business. Example #2: A pickup was parked in a parking lot of a restaurant and had been vandalized. This incident would be coded to 21-Restaurant as it best tells where this offense was committed. When looking at a NIBRS incident, all data elements together tells the story. In this particular incident, one would see an offense of Destruction/Damage/ Vandalism of Property, Location Type would be 21 - Restaurant, and the Property Segment would be coded to 37 - Trucks. From the synopsis, one would assume that the pickup was parked in the parking lot of the restaurant. If it were coded to 18 - Parking Lot/Parking Garage, that would not provide context that the lot was associated with a business. State Bulletin FBI messages and clarification to policy and procedures are being posted at StateBulletin. If you have any questions on UCR, please contact Colleen Weltz at or ucrdata@nd.gov.

3 Exceptional Clearance - Prosecution Declined There are two ways in NIBRS that you can clear a case. That is by an arrest or exceptional means. Agencies have difficulty knowing whether they can clear a case by Exceptional Clearance - Prosecution Declined. Below are a few examples of when it is appropriate to use Prosecution Declined as an Exceptional Clearance. There were mutual combatants in a simple assault case. The prosecutor reviews the case and renders a decision that it is an agreed fight and they are not going to prosecute. An employee took money from the cash register in an embezzlement case. The case was forwarded to the prosecutor s office for further review. The prosecutor rendered a decision that if the offender pays back the employer the prosecutor will not prosecute. Basically, in this case the prosecutor pleads out the case. Law Enforcement turns over their case to the prosecutor who advises that they will not prosecute the case because the suspect is a first time offender. A senior citizen steals a candy bar from the local grocery store. Law enforcement turns over their case to the prosecutor who advises the dollar amount is too low and will not prosecute the case. Please note that these examples are specifically talking about exceptional clearance code B=Prosecution Declined (by the prosecutor for other than lack of probable cause). This code is limited to circumstances in which the prosecutor deems that there is enough evidence to prosecute the case but elects not to, due to one of the reasons cited in the examples above. If at any point the prosecutor says there is not enough evidence to prosecute the case and law enforcement needs to go back out and gather more information/ leads, then a case should not be cleared by exceptional means. Agencies also need to remember that it is important that they are answering YES (affirmative) to each of the four conditions listed below and are found on page 34 of ND UCR Manuals. 1. The investigation must have clearly and definitely established the identity of at least one offender. 2. Sufficient probable cause must have bee developed to support the arrest, charging and prosecution of the offender. 3. The exact location of the offender must be known so that an arrest could be made. 4. There must be a reason outside the control of law enforcement which prevents the arrest. Questions About CJIS Compliance? ND CJIS has received questions from law enforcement about the new federal CJIS requirements. The requirements most directly, currently relate to federal data provided by State Radio. As such, North Dakota s Information Technology Department (ITD) and State Radio have been working diligently on providing a secure advanced authentication solution (which is also called Multi- Factor Authentication or MFA) for North Dakota law enforcement agencies. The solution includes both soft tokens (for smart phones or computers) and hard tokens. Eventually, the CJIS Portal will likely also use advanced authentication. For information on purchasing or questions about the tokens, please contact the ITD Help Desk at For FBI security policy compliance questions, please contact State Radio by calling Jim Crow at or Jennie Curtis at

4 CJIS Portal Conditions CJIS has completed the Parole Conditions Project, and the CJIS Portal now displays DOCR s Parole Conditions. These records can be viewed in two places the Driver s License Record and the Supervision Record. Supervision Record: If there are Parole Conditions related to a Supervision Record, you will see a Parole Conditions section under Physical Details on the Supervision Details page. There may be up to two links; one for Parole Conditions and the second for a Sex Offender Addendum, if applicable. Clicking on either link will pull up a Parole Conditions Agreement concerning use of the document. Click Continue to Parole Conditions Document to view a PDF copy of the conditions. Driver s License Record: Parole conditions will also appear on the Driver s License Details Page. Again, you will need to acknowledge the Parole Conditions Agreement prior to viewing the Parole Conditions Document. For general questions or comments about Parole Conditions or the agreement, please contact Pat Bohn at If you have a question regarding a specific condition please contact the supervising officer. Death Records CJIS is pleased to offer a new record type in the CJIS Portal - Death Records. These will appear in the search results with the event type of DEATH. The results will include death records from the past five years from the North Dakota Department of Health system, including those less than one year old (which are not available to the public). The Death Record Details Page will provide you with the following information: Decedent (who passed away and maiden name, if applicable) Residence Address Personal Information (including date/time of death, parent s names and occupation) Place of Death Informant If you have any questions about the CJIS Portal, please contact Bob Gordon at rogordon@nd.gov or

5 Upgrade LERMS On October 31, Motorola came to Bismarck to provide a demonstration of the upgrade to PremierOne to the RMS advisory committee and guests. The upgrade will meet the core requirements, so the RMS advisory committee voted to recommend the upgrade to the CJIS Board. The CJIS Board approved moving forward with negotiations. As such, DES and CJIS are working on an amendment to the contract with Motorola. If the process unfolds as planned, we anticipate having a signed contract prior to the end of the year. Offenses Added A number of offenses have been added to the drop down menu. Below is a list of those offenses that have been added. TRAFFIC Escort (Person or Vehicle) TR-039 Speeding (Warning Only) TR-040 Failure to Display Current Registration or Tabs (Warning Only TR-041 Failure to Provide Proof of Insurance (Warning Only) TR-042 Failure to Dim Headlights (Warning Only) TR-043 Disregard Stop Sign (Warning Only) TR-044 Equipment - Headlight/Tail Light Out (Warning Only) TR-045 Improper Color of Rear Tail Light (Warning Only) TR-046 Driving Vehicle with Leaking or Shifting Load (Warning Only) TR-047 Overtook Where Prohibited (Warning Only) TR-048 Care Required (Warning Only) TR-049 Prohibited Parking (Warning Only) TR-050 Failure to Yield Right of Way (Warning Only) TR-051 Failure to Provide Driver's License (Warning Only) TR-052 Failure to Register Motor Vehicle (Warning Only) TR-053 Driving Vehicle with Leaking or Shifting Load (Arrest Only) TR-054 Weight Enforcement TR-055 Unlawful Use of Tags TR-056 Failure to Transfer Title TR-057 Overload Violation (Arrest Only) TR-058 Overload Violation (Warning Only) TR-059 Prohibited Parking (Citation) TR-060 Driving Through A Closed Road Due to Hazardous Conditions TR-061 Off Truck Route OTHER 90GE - Refusal to Submit Chemical Test 90ZV - City Ordinance (Citation Only) 90ZW - Truancy HOMICIDE 09AC - Attempted Murder (Used Only for Additional Information) ASSAULT 13CBC - Terrorizing (Used Only for Additional Information) PUBLIC PEACE 86QA - Unlock Building/Office Door 86X - K-9 Search 86Y - Targeted Patrol PP Officer/Guard Needed (Non-Emergency) PP City Ordinance (Warning Only) PP Security Check LOST/FOUND PROPERTY 86KA Lost Animal To see a complete list of offenses in the LERMS system please visit OffenseActivityCodes.pdf. If your agency has any offenses that they would like to have added please contact Tamara Schatz at or tschatz@nd.gov.

6 Training The 2014 training schedule for the current system has been updated on the CJIS web site. To register: 1. Go to: 2. Click on Training on the left menu bar 3. Click on login 4. Click on Register Now 5. Complete the Registrant Information 6. Select Class 7. Once you click Register an will be sent to you confirming your reservation. ND SAVIN One Day You re Opt-In & the Next Day You re Opt-Out As Heidi Klum famously says in her endearing accent, one day you're in, the next day you're out. In the context of ND SAVIN, one day your custodial facility s VINE program is opt-in and the next day it s opt-out. If you (or your significant other) have ever watched Project Runway, you might know that the stakes are high for contestants to be in or out ; the career of their dreams depends on it. However, the stakes are often higher for victims. Whether your custodial facility is opt-in or opt-out and whether you can effectively communicate that to victims may determine whether they are safe or vulnerable to serious emotional or physical harm. Because victim notification is important for victim safety, cooperation, and participation and is also required by North Dakota law, we re hoping you ll be as prepared as possible to communicate about the ND SAVIN Program with victims. To that end, let s explore: (1) ND SAVIN basics; (2) SAVIN opt-in versus optout facilities; and (3) how you can help ensure victim safety in your community. 1. ND SAVIN Basics: ND SAVIN s VINE System provides automated victim notification about offenders incarceration, criminal court cases, and protection/restraining orders. The system operates through connections with the information technology systems of several agencies. These agencies include the North Dakota Department of Corrections and Rehabilitations, county jails, North Dakota Attorney Gen-

7 eral s Office, and district courts. In case you re wondering, the name ND SAVIN is short for the North Dakota Statewide Automated Victim Information and Notification Program and VINE stands for Victim Information and Notification Everyday. 2. Opt-in versus Opt-out SAVIN Facilities: The North Dakota victim rights statute requires that notifications are provided to all victims, unless they opt out of notification. ND SAVIN s VINE System was initially designed as an opt-in program. This meant that victims could sign up if they wanted notification. However, this structure does not allow custodial facilities to use ND SAVIN s VINE System to comply with their statutory requirements. Now, many custodial facilities around the state are partnering with ND SAVIN to create opt-out systems. Currently, opt-out systems are in place for the following facilities: Grand Forks County, Burleigh County, Cass County, Williams County and Lake Region with more on the way in In these new systems, victims are automatically signed up and then can call a toll-free number to opt out if they do not want notification. 3. How You Can Help: There are two challenges to an opt-out ND SAVIN system that must be addressed in order to ensure victims in your community are safe and informed. These challenges are (1) collecting accurate victim data and (2) informing victims about the upcoming notifications. Law enforcement plays an important role in overcoming these hurdles. Please review and implement the following tips. 1. Please collect and provide accurate victim data: Law enforcement must provide custodial facilities with accurate victim data. If a phone number is just one digit off, victims will not receive notification. 2. Please give each victim with a bright blue tear-off sheet: If you arrest an offender and plan to take him/her to a custodial facility, it is important to provide the victim with the appropriate tear-off sheet. Here are pointers for proper tear-off sheet use: Identify if the custodial facility you use is opt-in or opt-out. Current opt-out facilities are Grand Forks County, Burleigh County, Cass County, Williams County and Lake Region. Make sure your agency has the appropriate tear-off sheets (see graphics below to check). If your agency does not, please contact CJIS and we will send them. Give a tear-off sheet to each victim if you plan to take the offender to the custodial facility. If possible, please verbally reference the critical instructions on the back of the sheet. To learn more, please consider taking our ND SAVIN Victim Notification Training for Law Enforcement, which can be found at The ND SAVIN Victim Notification Training for Law Enforcement is eligible for 1 Hour of POST Credit for peace officers who watch the entire training and complete all of the quiz questions. If required by your agency, please seek permission from your supervisor prior to completing the training. Please direct any questions on ND SAVIN to Heidi Smith at or hsmith@nd.gov.