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Home My WebLink About23-Police Department <,...... ~y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Police C.JGINAL SU~Kt:Resolution of the City of San Bernardino authorizing the Chief of Police to participate in the Parole LEADS computer system and execute the agency participation aarp.p.mpnT ~nn hnln h~rmlp~~ ~~r~~m~~ with the parole and Community ServiCe Division of the California Department of Corrections. From: Lee Dean. Chief of Police Date: May 9, 1997 Synopsis of Previous Council action: NONE MAY 1 2 1997 RKommended motion: ADOPT RESOLUTION ~ a~&t- Signature Contact person: Captain Robert Curtis Phone: 384-5606 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: NONE Sou rce: Finance: Council Notes: Res 97- /57 75-0262 Agenda Item No. 5/1tt/ql ~3 .- 'CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT In 1994, Assemblyman Baca authored Assembly Bill 3X (AB3X) which became effective in January 1995. AB3X required CDC to conduct a pilot project sharing automated parolee information with San Bernardino County. In July 1996, authorization was received to expand the pilot program to a statewide program. Parole LEADS is an innovative, state-of-the-art computer system designed to provide law enforcement agencies with up-to-date information about parolees under the supervision of the Parole and Community Services Division of the California Department of Corrections (CDCl. This information is compiled from all local parole units' databases. LEADS allows qualified local law enforcement agencies, via the public internet, to either download information about their particular "group" of parolees or query for selected parolees either within their group or on a statewide basis. Each group consists of parolees assigned to parole units within and adjacent to the agency's jurisdiction. LEADS information includes full names, aliases, monikers, physical descriptors, addresses, tatoos, vehicles, commitment offenses and registration statuses. All active, suspended, pre-parole, and revoked cases are provided, as well as cases discharged within the past year. LEADS provides police officers with invaluable investigative leads to solve crimes. For example, an officer can search for a parolee who is a registered sex offender and who has a spider tattoo on his neck. Removing violent, repetitive criminals from the streets will make San Bernardino a safer community in which to live and work. LEADS information is protected by data encryption, strict access controls, legal agreements, training and written policy and procedures. LEADS security features are similar to those of banks that routinely and safely transfer large sums of money. Access to LEADS is being offered on a first come, first served basis. The agency chief must sign an Agency Participation Agreement and a Hold Harmless form. Each user of LEADS information must complete a user participation form and receive approved training in the use and interpretation of LEADS information. 75-0264 e e e I', I (' I,' !! I! l\ Parole LEADS _ PARTICIPATING AGENCY HOLD HARMLESS AGREEME!liT The State of California and the Department of Corrcetions and all officers and employees thereof connected wi!.l the use of the "Parule LEADS," including but not limited to the Director. shall not be answerable or accountable in any manner; for any loss or damage that may happen as a result of the use of information from the Parole LEADS or for injUl)' to or death of any person, either employees of the user agency or the public; or for damage to property from any cause which might have been preventcd by the Stale of California. the Department of Corrcetions, user agency. or anyone employed b)' or under contract with the user agency. the State of California or the Department of Corrections. The user agency shall be responsible for any liability imposed by law and for injuries to or death of any person including but not limited to. emplo)-ce5 of the user agency Dnd the public. or damage to property resulting from errors or omissions in data from the Parole LEADS or from any cause whlllSOever. The user agency shall indemnify and hold harmless the State of California. the Department of Corrections and all officers and employees thereof COIIJIected with the Parole LEADS, including but not limited to the Director. from all claims. suits or actions of every name, kind and description, brought forth. or on account of. injuries to or death of any person including but not limited to employees of the user agency and the public. or damage to Froperty as a result of use of information from the Parole LEADS or except as otherwise provided by statute. The duty of the user agency to indemnify and hold hanDless includes the: duties to defend as set forth in Section 2778 of the Civil Code:. With respect to third party claims against the user agency. the user agency waives any and all rights to any type of express or implied indemnit)' against the State of California and the Department of Corrections, its officers or employees. Signature Department or Agency Title Date 1'." 2.00 112~" r . Parole LEADS Agency Participation Agreement _ The Parole &. Community Services Division (p&CSD) of the California Depamr.cnt of Corrections (CD<...1 has . implemented Parole LEADS (parole l.aw Enforcement Automated Data System) which provides parolee inflJrmation to local Ia" enforcement agencies over a secure public Internet connection. The P&CSD OffP.nder Information that will be provided to your agency using Parole LEADS is Criminal Offender Record Information (CaRl). Releasing or copying CaRl to non.authorized persons is a misdemeanor pursuant to Penal Code Sections 13302-13304. Any such violation may be referred w eil"er the State Department of justice (DOn or local entities for prosecution. The CaRl furnished by PlcCSD is for offi...-iallaw enforremcnt purposes only. Your deparanent or agency is required to comply with all security and technical provisions of this agreement. Agency staff using CORI information must have both a need to know and a right to know. Failure to abide by the terms of this agreement. including the attached Parole LEADS Policy and Procedures, may result in the termination of the sharing of Parole LEADS information with your department or agency. Pleso maku no guarantee ragardlng the accuracy of ParDle 1 ~AOS Information, and ItronlJly .ncounges all partlelpatlng agencl.. to verity Information with the local Parole Ag.nt befora liking any actian ar making any d.cl.lan baaed on th. Information. Additionally. it is strongly recommended that a Parole Agent be involved. at least telephonically, in any parolee-related search to protect the admissibility of evidence. e The data provided by PlITol, LF.ADS is intended for crime analysis or other law enforcement uses only. Summary or statistical information and reports regarding PlcCSO offenders will not be released outside the law enforcement community (including the news media) without confirmation from P&CSD's Deputy Director or designee that the data is accurate and complete. This paragraph is not mean! to dissuade any agency from s!wing LEADS infonnation with other law enforcement agencies as long as each disclosure is joumaIed according to COR! regulations. Such sharing will be on a need.to-know, right-to-know basis and will not involve the electronic exportation of multiple Parole LEADS rccords. Parole LEADS CaRl ",ill be accessed exclusively from authorized computer workstations at the local law enforcement agency's place of busines.., including a temporary command center. Any other access, including access from any personally owned. remote, mobile or home.based computer, is prohibited. The attached Policy and Procedures are a part of this agreement. Tnese policy and procedures will be adhered to by every user of Parole lEADS DOj and the P&CSD Security Administrator or designee is authori7.Cd to auJit local agency security lags and s....urity procedures at uch individual worksite upon written notice. I certify that I am the chief law enforceme:tt official of rr.y agcn..-y. and have the full power and authority to e"ecute this agreement with COCo I wiI. m5'~re that my employees who access. copy, or use CORI iriormation from Parole I.E.A.DS will be advised of the contents of this agreeme:lt. the attached polic)' and procedures. and will complete P&CSD approved training before using Parole LEADS data. I have sign~1 the attached Parole I fADS Participating Agency hold Harmll!Ss Al!reement I als" IInderstand that I must designate a "primary contact- person (see below) and musl resubmit this request when I wish the .primary contact" designation changed. This primary contact person has the authority to speak for my agency as it pertains to Parole LEADS matters. Signat'.Jre Ol!paranent or Agency e ;Itle Oate /I: a me- of Primary Agency COlltact J'IfP' ~ lJ(1 J.'lJI9~ Primary Contact's Phone Number