WHEREAS, there are approximately 740,000 federal, state and local law enforcement officers that put their lives on the line for the safety and protection of the citizens they serve; and

WHEREAS, more than 62,000 officers are assaulted every year, with approximately 1 in 5 of those assaults resulting in injury; and

WHEREAS, every year officers are prepared to make the ultimate sacrifice, with 228 officers losing their lives in 2001 alone; and

WHEREAS, public support and awareness is critical to law enforcement’s success in carrying out their mission as peace keepers; and WHEREAS, there is a need to have a dedicated center to provide historical perspective and a repository for research and policy issues; and

WHEREAS, all funds to design, construct, operate and maintain the museum will come from private donations; and

WHEREAS, the leadership of the International Association of Chiefs of Police has already joined the board of directors of the National Law Enforcement Officers Memorial Fund in full support of the museum; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police, duly assembled at its 109th Annual Conference in Minneapolis, Minnesota, encourages all members to join with the 18 other official law enforcement organizations in taking an active role in promoting the National Law Enforcement Museum in Washington, D.C., and cooperating with requests for information, special displays, exhibit donations, etc.; and, be it

FURTHER RESOLVED, that the 19,000 members of the association be encouraged to provide financial support to the museum, for the express purpose of construction, operation and maintenance of the facility.

WHEREAS, the law enforcement profession has a compelling interest in ensuring that individuals suspected of committing crimes are not able to evade justice by leaving the country in which the crime was committed; and

WHEREAS, in response to this problem, many nations have established extradition treaties that allow for the return of criminal fugitives to the country in which they are suspected of committing crimes; and

WHEREAS, extradition treaties are political agreements between nations; and,

WHEREAS, the International Association of Chiefs of Police refrains from entering into political disputes between nations unless an issue which clearly impacts the law enforcement profession is involved; and

WHEREAS, these treaties form the backbone of international law enforcement efforts and have allowed for the successful apprehension and conviction of many fugitives over the years, and

WHEREAS, the effectiveness of these treaties relies upon the timely return of criminal suspects; and

WHEREAS, the terms of some extradition treaties have proven to be too restrictive and have significantly limited the ability of law enforcement agencies to bring a criminal suspect to trial and have, in effect, allowed for the creation of safe havens for criminal fugitives; and

WHEREAS, for example, the Extradition Treaty between the United States of America and the United Mexican States allows the United Mexican States to refuse to extradite criminal suspects who face capital punishment for crimes committed within the United States, and a recent decision of the Mexican Supreme Court has unilaterally and mandatorily extended that prohibition to life sentences, and

WHEREAS, it is clear that extradition treaties and agreements that do not allow for the timely return of criminal suspects or that condition their return on the domestic sentencing laws of the requested state are an issue that clearly impacts the law enforcement profession and it is appropriate for the International Association of Chiefs of Police to express the concern of the law enforcement community in this matter and work to resolve this situation; now, therefore be it

RESOLVED, that the International Association of Chief of Police calls on all nations to ensure that extradition treaties serve only to guarantee that accused individuals are provided with due process of law and not to provide criminal suspects with a means of evading justice; and be it

FURTHER RESOLVED, that the International Association of Chiefs of Police calls on the governments of the United States of America and the United Mexican States to renegotiate the extradition treaty so that the possibility of capital punishment or life imprisonment shall not interfere with the timely and unconditional extradition of criminal suspects.

RESOLUTION TO OFFICIALLY RECOGNIZE THE MISSION AND PURPOSE OF THE POLICE COMMUNITY OF AMERICA; OTHERWISE KNOWN AS AMERIPOL

Submitted by the International Policing Division, South American World Regional Office IPD.027.a08

WHEREAS, the international policing community is consistently being confronted by increased levels of transnational crime, terrorism, and organized criminal syndicates that engage themselves in activities that threaten the stability of the rule of law; and

WHEREAS, the advancements of technology and science allow for a virtual penetration of sovereign borders, establish communications and the means in which to plan, coordinate, and execute criminal and/or terroristic activity; and

WHEREAS, the need for law enforcement agencies worldwide to share information and intelligence, offer investigative and judicial assistance, provide training and teaching expertise, as well as technical and scientific support is paramount to the policing community being able to provide the safety and security members of our communities have come to expect; and

WHEREAS, the Police Community of America, otherwise known as AMERIPOL,a regional international police partnership in the Americas sets forth in a permanent organization of cooperation in technical-scientific assistance, judicial assistance, intelligence and investigation for the strengthening of training and teaching police philosophies, and the prevention and neutralization of transnational organized crime; therefore be it

RESOLVED, that the International Association of Chiefs of Police, duly assembled at the 115th annual conference in San Diego, CA does hereby recognize and support AMERIPOL as an international policing organization that provides operational leadership, and structure in support of complex transnational judicial and police investigations in the Americas.

WHEREAS, tribal law enforcement agencies play an integral role in securing the safety and security of all persons in the United States; and

WHEREAS, tribal governments control over 260 miles of international borders, which necessitates access to automated information systems within the FBI’s Criminal Justice Information Services (CJIS); and

WHEREAS, CJIS guidelines authorize state governments to control access to CJIS, and several states deny tribal police access to CJIS while other states work cooperatively with tribal police in allowing access; and

WHEREAS, this inconsistency of cooperation jeopardizes public and officer safety and is not in the best interest of protecting the homeland security of the Untied States; and

WHEREAS, CJIS was created pursuant to the Federal Advisory Committee Act, which states in part (Title 5, USC, Appendix Sec. 5, part 2) that it “requires the membership of the advisory committee to be fairly balanced in terms of the points of view represented and the functions to be performed by the Advisory Committee;” and

WHEREAS, the bylaws for CJIS Advisory Police Board (APB) and Working Groups, 2.0 Authority for advisory process allows “any criminal justice entity that believes they have a constituency which warrants a membership on the Working Groups or APB may petition the Advisory Policy Board for membership;” and

WHEREAS, tribal law enforcement is not represented on the APB or any Working Groups thus restricting the “points of view,” which adds to the lack of understanding and results in inconsistent policy of state governments when dealing with tribal police; now therefore be it

RESOLVED, that the Indian Country Law Enforcement Section of the International Association of Chiefs of Police (IACP) petition the Advisory Policy Board (APB) to include one (1) tribal law enforcement representative; and be it

FURTHER RESOLVED, that the Indian Country Law Enforcement Section of the IACP petition the APB to include tribal law enforcement on each of the four regional APB Working Groups, including a representative of the Bureau of Indian Affairs Law Enforcement Services on the Federal Working Group.

WHEREAS, the scourge of identity crime has precipitated widespread concern that unnecessary display of the Social Security Number (SSN) may expose the number holder to various forms of identity crime and related fraud; and

WHEREAS, in light of this concern, federal and state governments have become more proactive in combating identity theft. A recently enacted federal law prohibits the display of the SSN on a driver’s license, motor vehicle registration or personal identification card issued by a state or other jurisdictions; and

WHEREAS, the Judicial Conference of the United States has issued a privacy policy for United States Bankruptcy Courts whereby an individual’s full SSN will be collected for the court, but only the last four digits will be displayed; and

WHEREAS, the Department of the Treasury has ceased placing the individual’s SSN on checks it issues. Federal legislation has been introduced that would restrict the display of the SSN in the public sector and its use both the public and private sectors. Also, forty-eight of the fifty states have enacted specific identity theft laws; and

WHEREAS, it would also seem that eliminating SSNs would not impair the effectiveness of advertisements or posters, or other written material related to missing persons. The SSN may still be available to appropriate law enforcement as necessary. At the same time, the absence of the SSN on these public displays may prevent yet further victimization of the subject; now, therefore, be it

WHEREAS, the International Association of Chiefs of Police (IACP) calls upon all of law enforcement to cease using Social Security Numbers in advertising, posters and/or other written material related to missing persons that are made available to the general public; and be it

WHEREAS, that the IACP supports international efforts to ensure that that display of social security numbers is prohibited.

WHEREAS, the International Association of Chiefs of Police (IACP) Smaller Agency Advisory Group participates in National Policy Summits or other project related activities, etc. representing the majority of IACP membership; and

WHEREAS, the Smaller Agency Advisory Group is aware the United States of America delegated sovereign powers to federal, state, and tribal governments to include procurement of law enforcement services; and

WHEREAS, the need for collaboration and cooperation with the three governments is critical against terrorism, in order to serve the Untied States of America and its people; and

WHEREAS, lack of cooperation between federal, state and tribal governments significantly affects Indian Country law enforcement’s ability to effectively provide safety for themselves and the people they serve against terrorism; and

WHEREAS, Indian Country controls over 260 miles of international borders, which necessitates access to automated information systems within the FBI’s Criminal Justice Information Systems (CJIS); and

WHEREAS, it is prudent and desirable that all federal, state and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of disseminations, via Criminal Justice Information Systems (CJIS); and

WHEREAS, this resource will improve the opportunities for federal, state and tribal agencies to enhance their readiness in order to protect their prospective jurisdictions and the United Stated of America; now therefore be it

RESOLVED, that the IACP calls upon all federal and state law enforcement agencies to collaborate, cooperate, and jointly agree to allow all law enforcement agencies that meet established standards access to pertinent records disseminated by the Criminal Justice Information System to include records maintained within state jurisdictions; and be it

FURTHER RESOLVED, that the IACP calls upon all federal and state agencies to collaborate and cooperate with all tribal law enforcement and judicial entities that meet established standards, in providing viable and accurate criminal justice information upon request, e.g. National Crime Information Center (NCIC) access. This will promote nationwide; uniform public service, to include officer safety, welfare of the public, homeland security, and to encompass all aspects of law enforcement.

Support of 2011 DOJ Legislation in Anticipation of Reauthorization of VAWA
Submitted by: Indian Country Section
ind.010.A11

WHEREAS, the International Association of Chiefs of Police (IACP)-Indian Country Law Enforcement Section is comprised of executive officers from tribal law enforcement agencies throughout the United States.

WHEREAS, these officers are sworn to protect the people residing within their respective tribal communities, with an emphasis placed on protecting Native American women and children.

WHEREAS, Native American women are victims of violent crimes at a rate disproportionately higher than any other ethnic group in the United States, with studies revealing that one third of Native women will be raped during their lifetimes and nearly 3 out of 5 will be assaulted by their spouses or intimate partners.

WHEREAS, the current jurisdictional framework has such large gaps, it has perpetuated the cycle of violence, leaving many serious acts of violence against Native women unprosecuted and/or unpunished.

WHEREAS, the United States Department of Justice (DOJ) has recently proposed legislation to Congress which would significantly assist in combating violence against Native women residing within their respective tribal communities at the same time strengthening provisions within the Violence Against Women Act.

WHEREAS, this proposed legislation would make tribal communities safer by holding perpetrators, both Indian and non-Indian alike, accountable for their violent criminal acts against Native women by closing jurisdictional gaps which continue to enable a dangerous cycle of violence; now, therefore, be it

RESOLVED that IACP-Indian Country Law Enforcement Section fully supports recently proposed DOJ legislation submitted to Congress which protects Native women within their tribal communities by: -recognizing certain tribes' concurrent jurisdiction to investigate, prosecute, convict, and sentence both Indians and non-Indians who assault their Native women spouses, intimate partners, or dating partners; -clarifying that tribal courts have full civil jurisdiction to issue and enforce certain protection orders against both Indian and non-Indians alike; -amending the Federal Criminal Code to provide a 10-year offense for assaulting a spouse, intimate partner, or dating partner by strangling or suffocating; a 5-year offense for an assault resulting in bodily injury; and a 1-year offense for an assault by striking, beating, or wounding

WHEREAS, the Environmental Crimes Committee of The International Association of Chiefs of Police (IACP) has been actively engaged in training for the recognition and response to environmental crime; and

WHEREAS, the Environmental Crimes Committee recognizes that environmental crime is often a crime of economic opportunity; and

WHEREAS, the Environmental Crimes Committee recognizes that the victims of environmental crime are generally those people with less economic opportunity; and

WHEREAS, the Environmental Crimes Committee recognizes that all people have the right to be protected against environmental crime; and

WHEREAS, the Environmental Crimes Committee recognizes the critical role that law enforcement officers play in anti-environmental crimes programs and effective environmental justice initiatives, now therefore be it

RESOLVED, that the IACP strongly urges law enforcement agencies to train their officers for the recognition of and response to environmental crimes; and be it

FURTHER RESOLVED, that the Environmental Protection Agency should expand state and local law enforcement assistance programs by continuing to allocate all available resources in support of investigations, which establish the connection between environmental crime and environmental justice; and be it

FURTHER RESOLVED, that the IACP calls on the governments of all nations to support efforts to promote environmental justice.

WHEREAS, the recognition and collection of evidence and trace evidence from crime, terrorism, and other disaster scenes is hindered by the lack of accessible and affordable training for police departments; and

WHEREAS, identification of unknown suspects or exoneration of erroneously accused individuals for crime and acts of terrorism, as well as the identification of disaster and crime victims, are important goals for the law enforcement community; and

WHEREAS, current training for technical crime scene and disaster scene investigation for the documentation, identification of trace and other evidence, and protocols vary in availability, reliability, and affordability; and

WHEREAS, forensic evidence is a crucial element in the identification and prosecution of violent and/or recidivist criminals, including those who commit serial crimes, terrorist incidents, human rights violations, and hate crimes that are a threat to the security of all people; now, therefore be it

RESOLVED that the International Association of Chiefs of Police strongly recommends the creation of governmental initiatives to develop and provide free online or digital media based training programs, based on discipline appropriate and recognized guidelines, for training in crime and disaster scene investigation and forensic evidence recognition for police departments.

WHEREAS, forensic science is becoming increasingly important in the adjudication of criminal proceedings; and

WHEREAS, the courts increasingly rely on forensic evidence and the results of various forensic analyses; and

WHEREAS, the results of forensic analyses must be reliable and accurate; and

WHEREAS, quality systems such as accreditation and certification play a large role in the accuracy and credibility of forensic analyses; now, therefore be it

RESOLVED, that the International Association of Chiefs of Police endorses and recommends that all crime laboratories and other forensic service providers strive to become accredited, and that the forensic practitioners who work in those laboratories or other forensic entities seek certification in their respective forensic disciplines; and be it

FURTHER RESOLVED that the IACP recommends that accreditation and certification be acquired from professionally recognized and accepted organizations, which are independent from the agency or person seeking accreditation/certification.

WHEREAS, the criminal justice system is dependent on timely, accurate forensic analyses in order to help identify the guilty and help exonerate the innocent; and

WHEREAS, the timely delivery of those analyses depends on adequate staffing and funding of crime laboratories and other public forensic service providers; and

WHEREAS, the cost of providing forensic analyses must include the high cost of quality management systems to ensure accurate results; and,

WHEREAS, a large amount of federal funding has been made available for the purposes of DNA analyses; and

WHEREAS, that funding could only be used for DNA and not other forensic disciplines; and

WHEREAS, well over 90 percent (not considering medical examiner/coroner offices) of forensic analyses are in areas outside of DNA; and,

WHEREAS, that funding could only be used for DNA and not other forensic disciplines and activities; now, therefore, be it

RESOLVED that the International Association of Chiefs of Police (IACP) recommends that these federal funds be made available for all forensic purposes to include quality systems, training and all forensic analyses conducted by public crime laboratories and forensic service providers within law enforcement agencies such as an identification unit and medical examiner/coroner offices in order to address the disproportionately large backlog of non-DNA forensic cases.

Submitted by: Forensics Committee

FOR.001.a07

WHEREAS, DNA technology has revolutionized forensic identification, and the ability to assist with identifying the guilty and exonerating the innocent; and

WHEREAS, significant backlogs, often stretching into months, of DNA analysis exist in many crime laboratories; and

WHEREAS, funding is available to outsource those analyses to reputable private laboratories in order to obtain a DNA profile in a reasonable length of time; and

WHEREAS, the results of those analyses by independent, private laboratories must be reviewed by an analyst in a public, law enforcement crime laboratory in order to meet the FBI Quality Assurance Standards Case Review protocol before being uploaded into the Combined DNA Index System (CODIS); and

WHEREAS, this review and verification is a very time-consuming and redundant process that consumes a great deal of laboratory analysis time; now, therefore, be it

RESOLVED that the International Association of Chiefs of Police (IACP) strongly recommends that the Federal Bureau of Investigation (FBI) reexamine its policies with respect to DNA analyses performed by private laboratories who meet all DAB and accreditation standards of public laboratories and permit the public crime laboratory to directly enter the results obtained from the private laboratory without performing a complete case review/verification.

Submitted by: Forensics Committee

FOR.002.a07