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United States Marshals Service
Violent Offender Task Force — Memorandum of Understanding
PARTIES AND AUTHORITY:
TNs Memorandlut�f Understanding (NIOU is entered into by the
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and the United States Marsha Is Service (LIS MS) pursuant to 28 U.S.C. § 560(c)( 11( 13). Asset
Forth in the Presidential l hreat Protection Act of 2000 and directed by the Attorney General, the
LISMS has been granted authonty to direct and coordinate permanent USNIS Violent Offender
Task Forces consisting of Federal, state, and local law enforcement authorities for the purpose of
locating and apprehending fugitives The authority of the USMS to investigate fugitive matters
as directed by the Attorney General is set forth in 28 t SC § 566. The Directors authority to
direct and supervise all activities of the USN1S is set forth in 18 l ISC § 561(g) and 28 CFR
0.1 1 1. The authority of United Stares Marshals and Deputy L.S. Marshals, "In executing the law s
of the United States within a State ... [to] exercise the same powers which a sheriff of the State
may exercise in executing the laws thereof' is set forth in 28 USC § 564. Additional authority is
derived from 18 USC § 3053 and Office of Investigative Agency Policies Resolutions 2 R 15.
(See also) "Memorandum for Itoward NI Shapiro, General Counsel, Federal Bureau of
Invest igatton" concerning the "Authority to Pursue hon -Federal Fug itis es", issued by the U.S.
Department oFJustice, Office of Legal Counsel, dated February 21. 1995. (See also)
Memorandum concerning the Authority to Pursue Non -Federal Fugitives, issued by the USMS
Office of General Counsel. dated May, I, 1995. (See aAo) 42 U.S.C. § 16941(a)(the Attorney
General shall use the resources of federal law enforcement, including the United States Marshals
Service, to assistjurisdictions in locating and apprehending sex offenders who violate see
offender registration requirements).
MISSION:
The primary mission of the task force Is to investigate and arrest, as part ofjoint law enforcement
operations. persons who have active state and federal warrants for their arrest. I'he intent of the
joint effort is to investigate and apprehend local, state and federal fugitives, thereby improving
public safety and reducing N iolent crime.
Each participating agency agrees to refer cases tar investigation by the VOTE ( Violent Offender
Task Force) Cases w ill be adopted by the VOL F at the discretion of the District Chief Deputy.
Targeted crimes will primarily include violent criines against persons, weapoas offenses, felonv
drug offenses, failure to register as a sex offender, and crimes committed by subjects who have a
criminal history involving violent crimes, felony drug offenses, and/or weapons offenses Upon
receipt of a written request, the VOTE mas also assist non -participating law enforcement
agencies in mvestigating. locating and arresting their fugitives. Task force personnel will be
assigned federal, state, and local figitis e cases for investigation. Investigative teams will consist
of personnel from different agencies vvheneNer possible. Participating agencies retain responsibility
for the cases theN refer to the VO I F
Federal fngit is cases referred to the task force for investigation by any participating agency will
be entered Into the National Crime Information Center (NCIC) by the USNIS or originating
agency, as appropriate. State or local fugitive cases will be entered into NCIC (and other
applicable state or local lookout Systems) as appropriate by the concerned state or local agency.
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SUPERVISION:
The VOTF w ill consist of lass enforcement and administrative personnel from federal, state, and
local law enforcement agencies Agency personnel must he approved by the District Chief
Deputy prior to assignment to the VO I Agency personnel may be removed at any time at the
discretion of the District Chief Deputs.
Direction and coordination of the VO I F shall be the responsibility of the USMS District
Chief Deputy. Administrative matters which are internal to the participating agencies remain the
responsibility of the respective agencies. Furthermore, each agency retains responsibility for the
conduct of its personnel.
A Task Force Advisory Committee, consisting of representatives of participating agencies and
USMS district personnel, may be established at the discretion of the District Chief Deputy and
u ill meet and confer as necessary to review and address issues concerning operational matters
within the VOTF.
PERSONNEL:
In accordance with Homeland Security Presidential Directive 12, personnel assigned to the task
fixce are required to undergo background investigation, in order to be provided unescorted
access to USMS offices, records, and computer systems. The IISMS shall bear the cosh
associated w ith those investigations. Non-USMS law, enforcement officers assigned to the task
force vs ill be deputized as Special Deputy U.S. Marshals.
Task force personnel nuts be required to travel outside of thejurisdiclion to which they are
normally assigned in furtherance of task force operations. State or local task force officers
traveling on official business at the direction of the USMS shall be reimbursed directly by the
USMS for their travel expenses in accordance vv ith applicable federal laws. rules, and
regulations.
REIMBURSEMENT:
If the Marshals Service receives Asset Forfeiture funding for either 1) overtime incurred
by state and local investigators Ivho provide full time support to USMS VOTF joint law
enforcement task forces: or 2) travel, training, purchase or lease of police vehicles. fuel,
supplies or equipment for state and local investigators in direct support of rate and local
investigators, the USMS shall, pending asnilability of funds, reimburse your organization for
expenses incurred, depending on which category of funding is provided.
Reimbursement of overtime work shall be consistent e ith the Fair Labor Standards Act.
.Annual overtime for each state or local law enforcement officer is capped at the equivalent of
25°'0 of a OS -1811-12, Step I, of the general pay scale [or the RUS. Reimbursement for all types
ofqualified expenses shall be contingent upon availability of hinds and the submission of
a proper request for reimbursement which shall be submitted quarterly on a fiscal year bases. and
Ivhich provides the names of the invest igalors ssho incurred overtime for the VO I F during the
quarter: the number of overtime hours incurred the hourly regular and overtime rates in effect
for each investigator, and the total quarterly cost.
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I he request for reimbursement must be submitted to the District Chief Deputy, who will review
the request for reimbursement, stamp and sign indicating that services were received and that the
request for reimbursement is approved for payment. Supporting documentation must accompam
requests for reimbursement for equipment, supplies. training, fuel, and vehicle leases.
VEHICLES AND EQI IPM ENT:
Notwithstanding the above, pending the availability ofasset forfeiture funding and approval by
the IISNIS in advance of any purchase the USMS may acquire vehicles and equipment
purchased in support of full time state and local investigators assigned to the VOTF involved in
joint law enforcement operations. Such vehicle and equipment purchases are to be titled to the
slue or local law enforcement agency and must comply w ith requirements prescribed by the
LISNIS pursuant to this NIOU and applicable policies ofthe United States Department of Justice.
Vehicles and equipment provided to state and local law enforcement agencies w ith asset
forfeiture monies provided b) the USMS must remain available for exclusive use of the task
force officers assigned to the VOTF by the undersigned participant agency for the duration of the
task force Upon termination of the agreement, usage and disposition of such Nehicles are at the
discretion of the undersigned state or local law enforcement agency.
Pending the availability of funds and equipment, the USMS w ill issue (ISMS radios, telephones,
and other communication devices to each task force officer to be used for official VOTF
business All equipment used by or assigned to task force officers by the IISNIS or an agency
w dl remain the property of the agency issuing the equipment and w ill he returned to that agency
upon termination of the task force, or upon agency request.
RECORDS AND REPORTS:
Original reports of investigation, evidence, and other investigative materials generated, seized, or
collected by the VOTF shall be retained by the agency in the VOTF responsible for the case
However, evidence may be turned over to other law enforcement agencies as appropriate. Copies
of investigative reports and other materials may be prov ided to other agencies in accordance with
applicable laws. rules, and regulations. Task force statistics will be maintained in the USMS
Justice Detainee Information System (JDISI - Warrant Information Network ( WIN). Statistics
will be made available to am participating agency upon request
INFORMANTS:
Pending the availability of funds, the USMS may provide funding Por the payment of informants.
However, all pay mens of informants utilizing USM1IS finding shall comply with USM1IS policy.
USE OF FORCE:
All members of the VOTF w ill comply with their agencies' guidelines concerning the use of
firearms, deadly force. and less -than -lethal devices, to include completing all necessary training
and certification requirements. All members of the VOTF and their parent agencies will read
and adhere to the DOJ Policy Statement on the Use Of Less- I han-Lethal Devices, dated May 16,
2011. Copies of all applicable firearms, deadly force, and less -than -lethal policies shall be
provided to the District Chief DeputN and each concerned task force officer. In the event of a
shooting involN ing task force personnel, the incident will be investigated by the appropriate
agency(s).
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NEWS MEDIA
Media inquires w ill be referred to the District Chief Deputy. A press release may be issued and
press conference held, upon agreement and through coordination with participant agencies'
representatives. All press releases will exclusively make reference to the task force.
RELEASE OF LIABILITY:
Each agency shall be responsible for the acts or omissions of its employees. Participating
agencies or their employees shall not be considered as the agents of any other participating
agency. Nothing herein waists or limits sovereign immunity under federal or state statutory or
constitutional lmy.
EFFECTIVE DATE AND TERMINATION:
Phis MOU is in effect once signed by a lavv enforcement participant agency. Participating
agencies may w ithdraw their participation after providing 30 days advanced Witten notice to the
District Chief Deputy U S Marshal
District:
United States Nlarshal:
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Participant Agency:
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Local ion i C a. B swim Cl1it-[�_I
Phone:'j`il_—_ UU_5571
Participant Agency Representative:
Assistant Director, Investigative Operations Division:
Poul Vamp• - - sirnar,d. - u.er
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