51

CRIMINAL INTELLIGENCE

 

As intelligence relates to law enforcement agencies, it is principally concerned with collecting, processing, and disseminating information relating to specified crimes and criminal activities. These areas of concern vary widely among law enforcement jurisdictions but typically include organized crime, vice, illegal drug trafficking, terrorism, gangs, and civil disorders. Ordinarily, the intelligence function should not perform enforcement activities but should be a source of information for operational units. While some agencies may separate the function, others may assign it to the criminal investigations function as an added responsibility.

The standards in this chapter address the basic concerns of a law enforcement agency in carrying out the intelligence function. The standards do not include the intelligence-gathering activities associated with special events, such as visits by dignitaries or sporting events. Nothing in this chapter should be interpreted as permitting the collection of data for political or other purposes unrelated to crime.

 

51.1 Administration

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c. methods for purging out-of-date or incorrect information; and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.

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51.1.2 A written directive governs procedures for the safeguarding of intelligence information and the secure storage of intelligence records separate from all other records.

Commentary: Intelligence information should be distributed only to criminal justice agencies and on a need-to-know basis. Intelligence information should be collated and analyzed in a secure environment. If a computer is used for intelligence purposes, there should be a secure system that protects against unauthorized attempts to access, modify, remove, or destroy stored information.

The highly sensitive nature of intelligence files requires that they be maintained separately from other agency records to prevent compromise and protect the integrity of the system. If the intelligence function is performed by an individual with other responsibilities (CEO, deputy chief) or as an activity of a larger function (criminal investigations), the separation and security intentions of this standard should still apply.

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