General Order 51.1
CRIMINAL INTELLIGENCE ADMINISTRATION

Last Revised: 03-01-2017

SUBJECT: CRIMINAL INTELLIGENCE ADMINISTRATION

This order consists of the following numbered sections:

51.1.1    Criminal intelligence Policy

51.1.2    Intelligence Function and Activities

51.1.3    Definitions

51.1.4    Evaluation and Analysis of Criminal Intelligence Information

51.1.5    Storage of Criminal Intelligence

51.1.6    Retention of Criminal Intelligence Files

51.1.7    Security of Criminal Intelligence Information

51.1.8    Access/Dissemination of Criminal Intelligence Information

51.1.9    Destruction of Criminal Intelligence Files

51.1.1 Criminal Intelligence Policy

I.    The mission of the Olympia Police Department’s criminal intelligence function is to collect, organize, analyze, maintain, and disseminate information on activities and operations of individuals, associates, or groups suspected of or involved in criminal activity. A goal of the criminal intelligence function is to utilize information to effectively apply resources and coordination within the law enforcement community to prevent and discourage the presence of organized criminal activities. The Investigative Division is responsible for criminal intelligence functions and activities. This responsibility includes assuring the criteria and safeguards necessary to protect civil liberties and Constitutional rights and conformance with applicable State and Federal law, rules and regulations.

51.1.2 Intelligence Functions and Activities

The Olympia Police Department:

I.    Collects intelligence information in accordance with Department-wide needs and priorities and applicable law;

II.    Maintains, disseminates and destroys law enforcement intelligence information in accordance with applicable state and federal law;

III.    Analyzes intelligence information in a manner that provides timely support to problem-solving activities and tactical operations.

IV.    Destroy intelligence information according to OPD policy, and in accordance with RCWs 10.97 and 40.14, and according to other applicable law.

V.    Assures that criteria and safeguards necessary to protect civil liberties and constitutional rights are followed in conformance with applicable State and Federal law, rules and regulations.

VI.    No intelligence data shall be gathered using any electronic, mechanical or other device that is in violation of the Electronic Privacy Act of 1986 or other applicable state laws.

VII.    Department intelligence shall be gathered in a manner that does not serve to harass or interfere with any lawful political activities.

VIII.    No member shall access, utilize or disclose information contained in Department intelligence files in violation of this General Order or without proper authorization. [see 26.1.1(III., L and )]

51.1.3 Definitions

(see also RCWs 9.94A, 9.81, 70.74, Titles 18 and 21 of the United States Code, and 28 Code of Federal Regulations (CFR) Part 23):

I.    Criminal Intelligence is data that has been evaluated and determine to be relevant to the identification of an individual and/or organization that is reasonably suspected of involvement in organized criminal activity

II.    Criminal Predicate is information that exists which establishes sufficient facts to give a trained law enforcement officer, investigator, or analyst a basis to believe that there is a reasonable possibility that an individual or organization is involved in organized criminal activity or enterprise.

III.    Organized Crime is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals, who intend to engage in illegal activity.

IV.    Criminal Enterprise is a group of individuals with an identified hierarchy, or comparable structure, engaged in a pattern of criminal activity.

V.    Organization is an organization, corporation, company, partnership, association, trust foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently or temporarily associated together for joint action or advancement of views on any subject or subjects.

VI.    Criminal Street Gang is any ongoing organization, association, or group of three or more persons, whether formal or informal, having a common name or common identifying sign or symbol, and engaging in gang-related offenses.

VII.    Gang-related offense is any felony or misdemeanor offense, whether in this state or elsewhere, that is committed for the benefit of, at the direction of, or in association with any gang, or is committed with the intent to promote, further, or assist in any criminal conduct by the gang, or is committed for one or more of the following reasons:

A.    To gain admission, prestige, or promotion within the gang;

B.    To increase or maintain the gang’s size, membership, prestige, dominance, or control in any geographical area;

C.    To exact revenge or retribution for the gang or any member of the gang;

D.    To obstruct justice, or intimate or eliminate any witness against the gang or any member of the gang;

E.    To directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage for the gang, its reputation, influence, or membership; or

F.    To provide the gang with any advantage in, or any control or dominance over any criminal market sector, including, but not limited to, manufacturing, delivering, or selling any controlled substance, arson, trafficking in stolen property, promoting prostitution, human trafficking, promoting commercial sexual abuse of a minor, or promoting pornography.

VIII.    Reliable - a source is “reliable” if it is unquestionable or has been well tested in the past.

IX.    Usually reliable - a source is “usually reliable” if the majority of information provided by the source in the past has proven to be reliable and factual.

X.    Unreliable - a source is “unreliable” if its reliability has been sporadic in the past.

XI.    Unknown reliability - a source is of “unknown reliability” if the reliability of the source cannot be judged – i.e., the authenticity and trustworthiness of the source has not yet been determined by either experience or investigation.

XII.    Confirmed - information is “confirmed” if it has been corroborated    by an investigator or another independent, reliable source.

XIII.    Probable - information is “probable” if it is consistent with past accounts.

XIV.    Doubtful - the information “doubtful” if it is inconsistent with past accounts.

XV.    Cannot be Judged - information “can’t be judged” when there have been no past accounts on which to evaluate it.

XVI.    Raw data is unprocessed information from a source.

XVII.    Working File is a file that is in the process of being evaluated.

XVIII.    Temporary File is a file which has met the evaluation standards and where the existence of a specific individual or organization is known, but where the individual or organization cannot be identified by name or other unique identifier.

XIX.    Permanent File is a file which has met the evaluation standards and which name a particular individual by name or other unique identifier (e.g., address or date of birth), or which name a specific, identified organization.

51.1.4 Evaluation and Analysis of Criminal Intelligence Information

I.    The Department collects crime information in the form of raw data from many sources (e.g., OPD officers; other police agencies; citizens; informants; Crimestoppers, open source information, etc.), in the normal routine of police business.

II.    Raw data may be evaluated for purposes of gathering information to aid the daily policing function of the Department.

III.    The Detective Lieutenant or designee may assign an Officer, a Detective, or the Crime Analyst to conduct additional evaluation and analysis of raw data to aid the intelligence function of the Department.

IV.    Raw data used in the police intelligence function must be related, based on reasonable suspicion, to specific or on-going criminal activity, and must be evaluated for the following criteria:

A.    Source reliability (Reliable; Usually Reliable; Unreliable; Unknown)

B.    Content validity (Confirmed; Probable; Doubtful; Cannot be Judged)

V.    Raw data establishing a criminal predicate involving either an individual or organization may be further analyzed to determine its intelligence value. Raw data being further analyzed will be categorized as a Working, Temporary or a Permanent Intelligence File. The determination will be made by the Detective Lieutenant or designee and the Crime Analyst.

VI.    Raw data that has been evaluated and analyzed to potentially aid the Department’s intelligence function will be either:

A.    Destroyed because it has little or no intelligence value

B.    Documented as Suspicious Circumstances in a police case report;

C.    Retained for use in an active criminal investigation;

D.    Forwarded to another law enforcement agency for use; or

E.    Retained as criminal intelligence

51.1.5 Storage of Criminal Intelligence

I.    Intelligence information that is stored within the Department must relate directly or indirectly to criminal offenders or to a specific offense (s) involving an organized crime group, criminal enterprise, and/or a criminal street gang, and have met the minimum threshold for source and content validity.

A.    The minimum thresholds for Source Reliability are: Reliable or Usually Reliable.

B.    The minimum thresholds for Content Validity are: Confirmed or Probable.

II.    The Department’s criminal intelligence will be stored in a secure location within the Department with controlled access.

III.    The names of individuals, organizations, groups or businesses that are not suspected of criminal involvement but that provide descriptive, identifying information regarding the criminal suspect, organization, group or business may be entered into the Department’s criminal intelligence database as “non-criminal associates.”

IV.    No information about political, religious or social views, associations, or activities can be entered into the Department’s criminal intelligence database unless the information directly relates to criminal activity and the subject, organization, group or business is suspected of criminal activity.

V.    The following categories of criminal intelligence may be stored in the Department’s intelligence database:

A.    Criminal Street Gang

B.    Organized Crime

C.    Criminal Enterprise

51.1.6 Retention of Criminal Intelligence Files

I.    Working files may be retained for up to thirty (30) days. If a file has not been deemed to meet the evaluation standards necessary for classification as a temporary or permanent file within thirty calendar days, the file is destroyed.

II.    Temporary files may be retained for up to one year.

III.    Permanent files may be retained up to five years without re-evaluation. During the five year period permanent files may be updated extending the five-year period beyond the date of the last update. If no update occurs to a permanent file within the five year period permanent files must either be destroyed or updated based on validation by the Department or other law enforcement agencies that the subject, organization, group or business continues to be suspected of criminal activity.

IV.    All information, including original documents, gathered pursuant to an intelligence case shall be included in the intelligence file.

51.1.7 Security of Criminal Intelligence Files

I.    Intelligence files will be digitally stored and encrypted for security reasons. The files will be password protected and there will be administrative controls that restrict access, modification, and destruction of materials and data.

II.    The Criminal Intelligence database will be on a stand-alone computer located in a locked office. The Special Operations Lieutenant, the Detective Sergeant and the Crime Analyst will have password access to the Criminal Intelligence database.

III.    The Criminal Intelligence database will log all activity by user and will be able to produce activity logs for auditing purposes.

IV.    The Special Operations Lieutenant is responsible for ongoing review of the intelligence function assuring that intelligence gathering, retention, dissemination and purging are consistent with the requirements of state and federal law.

V.    Files will be reviewed quarterly for purging purposes. The Deputy Chief of Police will conduct an annual review of the Intelligence function and perform a random audit.

51.1.8 Access/Dissemination of Criminal Intelligence Files

I.    Access to Criminal Intelligence Files is controlled to protect the sources of information and to protect the integrity of the criminal information contained in the files.

II.    The Detective Lieutenant (or designee) and the Crime Analyst oversees access and the official use of criminal intelligence files stored in the Criminal Intelligence database.

III.    All requests for viewing or using of intelligence data must meet the following guidelines:

A.    Department personnel and other law enforcement agencies have a right to know criminal intelligence information. The requestor must verify with official identification that he/she has a right-to-know and a need-to-know the requested intelligence information. A criminal investigation or a bona fide court prosecution is considered to satisfy the need-to-know requirement.

B.    For purposes of legal representation intelligence files may be viewed by the city attorney or their designee.

C.    Dissemination of criminal intelligence to non-law enforcement is prohibited. Public requests for criminal intelligence data will be governed by state and federal law. All public record requests received by the Department for criminal intelligence data will be reviewed by the Detective Lieutenant or his designee, the Crime Analyst, and the Administrative Services Manager to determine the appropriate response to the public. Additional legal assistance may be used on a case by case basis. The Chief of Police will have the final authority over all public records requests. No gang intelligence information contained in the departmental, State or regional data base shall be subject to public records disclosure per RCW 42.56.230.

51.1.9 Destruction of Criminal Intelligence Files

I.    Criminal intelligence files will be destroyed according to the Washington State Archives Law Enforcement Records Retention Schedule in accordance with RCW 40.14.070 using a “destruction log” to document the process.

II.    Criminal intelligence files shall be destroyed or destroyed under the direct personal supervision and certification of the Detective Lieutenant or his designee.