2
AGENCY JURISDICTION AND MUTUAL AID
Standards in this chapter relate to an agency’s jurisdiction and the provision and use of mutual aid and regional law enforcement services among agencies through cooperative agreements.
Agreements should be reached among law enforcement agencies in adjoining jurisdictions or within the agency’s jurisdiction to provide assistance to each other in the event of natural disaster, mass disorder, or other emergency situations. Lines of command should be established beforehand. Procedures for the provision of personnel should also be established in advance.
The Commission has exempted state agencies from having formal mutual aid agreements with agencies in adjoining states. Standard 2.1.3 is not applicable for state agencies.
2.1 Agency Jurisdiction and Mutual Aid
A written directive delineates the specific geographical boundaries of the agency’s jurisdiction.Commentary: It is fundamental that the agency clearly describes in writing the geographical boundaries of its jurisdiction. Situations involving overlapping or ambiguous territorial jurisdiction should be avoided. A detailed official map, including the boundaries of the jurisdiction, may satisfy the requirements of this standard.
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2.1.2 A written directive specifies the agency’s responsibilities in any interagency agreement regarding concurrent jurisdiction.
Commentary: The intent of the standard is to encourage an agency to identify its responsibilities, with regard to concurrent jurisdiction, which are established as a matter of law or on the basis of interagency agreement. This standard does not require an interagency agreement where none exists. The written directive should clearly outline the source of the concurrent jurisdiction, i.e., cites the specific legal basis or relevant interagency agreement, and should outline such details as identification of which agency responds to a call for service by type, communication linkages between agencies to ensure prompt and appropriate response, provision of back-up support between jurisdictions, and reporting responsibilities and policy concerning the jurisdiction of prosecutors and courts.
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2.1.3 In the absence of controlling legislation governing mutual aid, the agency has written agreements with neighboring law enforcement agencies to provide mutual aid in emergency situations. The mutual aid agreement must include, at a minimum, the following details:
a. the legal status of agencies and agency personnel responding to mutual aid requests;
b. procedures for vesting provider agency personnel with the legal authority to act within the receiver agency’s jurisdiction;
c. procedures for requesting mutual aid;
d. identity of those persons authorized to request mutual aid;
e. identity of persons to whom outside personnel are to report;
f. procedures for maintaining radio communication with outside personnel;
g. expenditures, if any, which should be borne by the receiver agency to compensate for the use of the provider agency’s resources; and
h. procedures for review and revision if prescribed in the agreement.
Commentary: Emergency situations often require augmented law enforcement capabilities to restore order or assist victims. The agency’s mutual aid agreement should provide all the information necessary to initiate mutual aid activities either on behalf of the agency or at the request of a neighboring law enforcement agency. The agreement should also consider provisions for the indemnification of the provider agency and its personnel, e.g., life, health, and liability insurance.
Whether the agency operates under existing legislation or a mutual aid agreement, it should have a plan for providing or receiving aid in unusual occurrence situations. The plan should assess the extent of aid that could be provided while maintaining adequate law enforcement coverage in the service area. The types and amounts of major resources should be estimated and their locations listed. Planning should also involve liaison with other agencies that may be involved when mutual aid is invoked.
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2.1.4 A written directive governs procedures for requesting federal law enforcement or national guard assistance in emergency situations.
Commentary: None.
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