Wisconsin Drug Case Management System

Wisconsin Drug Case Management System

Memorandum of Understanding

The purpose of this Memorandum of Understanding is to define the relationship of Wisconsin Statewide Drug Case Management System (WDCMS) participant and administrative agencies, and its Governance Board. The purpose of the statewide system is to enhance and promote cooperation among law enforcement agencies in efforts to reduce the amount of illicit drug-related activity through the sharing of case and intelligence data statewide. The technical core of this system is a program called ACISS. ACISS is an automated data and information system which supports case management activities and enables the sharing of sensitive law enforcement data among participating agencies.

ACISS is offered to Wisconsin drug enforcement Task Forces at no or little cost. It is expected that the ACISS core system will eventually be augmented by linking ACISS with other case management systems in use by agencies that wish to participate in statewide data sharing from another RMS platform.

The statewide data sharing system is designed to achieve the following objectives:

·  Promote officer safety during the conduct of investigations.

·  Reduce unnecessary duplication of law enforcement activities.

·  Provide a sound method for identifying drug and firearms trafficking and money laundering organizations.

·  Provide a method of analyzing information about those engaged in illicit drug and firearms trafficking and money laundering.

·  Increase the flow of information among participating law enforcement agencies.

·  Serve as a resource in the management of participating agency investigations.

·  Maximize the use of limited participating agency resources.

·  Serve as a case management system.

·  Provide an automated system for sharing sensitive law enforcement data in a timely and secure manner.

The ACISS program will be operated and administered by the Wisconsin Department of Justice. The DOJ site will be linked electronically with other participating ACISS sites (for example, the Milwaukee HIDTA). Task Forces and other remote participating agencies of the WDCMS will access and use the ACISS resource via the internet. WDCMS will provide participating law enforcement agencies with drug case management utilities and with an automated search capability for determining if a suspect is under investigation by other participants.

Participants

WDCMS is available for use and data sharing by Wisconsin drug enforcement specialized units, most notably multi-jurisdictional drug law enforcement Task Forces and HIDTA agencies. Initially there are no costs to participating agencies. There may be costs in the future for maintenance and/or updates to the system which will be borne by the involved State agencies if funding is available.

Participating agencies must endorse this Memorandum of Understanding outlining the policies and expectations of participation. Participating units must provide the equipment and resources necessary for entering and using case management information. This includes maintaining a high speed internet connection. Training on the system will be provided by DOJ and relevant agency staff must participate in the training to assure proper understanding and use of the system.

This MOU is a product of the WDCMS Governance Board. Participation may be withdrawn upon written notification to the DOJ or the Governance Board.

Administration

The WDCMS Governance Board is responsible for establishing policies for the operation the system and for its oversight. The Governance Board shall be responsible for facilitating connectivity, interoperability, and data sharing solutions between the State supported ACISS and other similar systems in the state, and national intelligence systems. Any dispute arising from the operations and activities of the intelligence system and/or any user, operational or technical support group shall be referred to the Governance Board for resolution.

The Governance Board shall include:

§  The Administrator of the Department of Justice, Division of Criminal Investigation;

§  The Executive Director of the Wisconsin Office of Justice Assistance;

§  The Director of the Milwaukee HIDTA;

§  A designee of the Badger State Sheriff’s Association;

§  A designee of the Wisconsin Chief of Police Association; and,

§  Two representatives from multi-jurisdictional drug task forces.

The Wisconsin Department of Justice shall administer and operate the ACISS database. By administrative necessity, certain DOJ personnel who act as system administrators and support staff would have access to all case data and may make administrative or technical modifications to records.

Scope of System Use

All participating drug enforcement units are hereafter referred to as Task Forces (TFs).

Participating TFs shall enter the required minimum data on all drug cases handled by the TF, partly because TF statistical data will be extracted from the ACISS/WDCMS database. TFs are encouraged to enter data into ACISS for all cases the TF handles, even though some may not be drug cases. Entry of non-drug cases is at TF discretion. Entry of data on cases not worked as part of a TF should not occur under this initiative at this time.

A “drug case” is a case in which there is a reasonable suspicion that illegal drug activity, involving manufacturing, possessing or trafficking in drugs, drug and gang related violent crime, money laundering, or related firearms trafficking activities are involved, causing an agent/officer to spend investigative time and assign a case number.

For each case, participating TFs shall enter at least the minimum data set specified below, within 30 days of any arrest. Data entry on a more regular basis is encouraged, since that will make ACISS more valuable as a case management tool and will maximize the data sharing potential among TF’s. If a TF chooses to enter only the minimum data into ACISS, it is understood that the data must be for cases as defined above and that full case documentation exists at the TF or agency level. The system shall not be used for exploration of “soft” intelligence leads.

Required Data:

Suspect and/or criminal organization information

Arrest information

Drug and weapon seizures

Methods of operation

Lead Law Enforcement Officer (LEO) as a contact

By participation in WDCMS, TFs agree that other participating agencies shall have access to core entity data (subjects, vehicles, locations, telephone numbers and financial instruments), with the exception options defined below. Alternatives to this default access mode are:

1)  That a TF may allow any other registered participant to view all TF case information (narratives etc.) by registering such participant as a “user” in their TF. Such officer would be listed as a member of the taskforce with an alternate security profile. They would retain the same user rights and access level.

2) That a TF may request to hide all the information for specific cases (e.g. Grand Jury and John Doe cases). A participating TF may also hide specific subject-only information. All “hide” actions must be done through contact with the DOJ system administrator, but the decision would that of the TF supervisor. Participating TFs are encouraged to hide only those cases with very sensitive subjects or subject matter.

The names of confidential informants should not be entered into ACISS. The CIs may be set up as a subject, but only referred to by a CI number within the program. Separate files available only to the TF should be used for CI information.

Data Reporting/Drug Enforcement Research

TF drug data “reporting” for participating TFs shall be done through queries of the ACISS system by OJA/DOJ. After a short period of familiarization, participating TF’s would be blocked from using OJA’s web-based reporting system in order to avoid duplicate reporting. OJA access to the system would be limited to research and evaluation purposes.

Intelligence Data

Federal intelligence system requirements (28 CFR 23) do not apply to case management data. The WDCMS is intended case management tools and, in part, to share investigative information, but it is not an intelligence system. Portions of historical data moved into ACISS by TFs may be subject to review and editing for compliance with federal regulations, however.

Wisconsin’s primary intelligence system will be the Wisconsin Intelligence Network (WIN). DOJ will develop a process for moving selected ACISS case information to the WIN system, which will adhere to 28 CFR 23 requirements. All law enforcement agencies will have access to WIN by proper registration in WILENET and completion of agency and officer user agreements.

Data Ownership

Although entered data will reside in the ACISS database server at the Department of Justice, all original case data will be considered the property of the contributing agency. As long as legally possible, any requests for access to original case data by non-participating individuals or agencies shall be referred to the contributing agency. It is the responsibility of the contributing agency to maintain data currency and accuracy.

The term “original case data” is meant to refer to data and information on a given single case or individual. Aggregated case data, which no longer identifies individual subjects, is generally considered to be in the public domain, subject to the valid release policies of the aggregating agency or entity. Such aggregations may still identify political or functional entities, for example, agencies or counties. In the rare case in which aggregated data does identify individuals or other single entities of interest, such identification shall be for a legitimate research purposes and subject to proper “informed consent” or “release of information” certifications.

Compliance Monitoring

The Governance Board will monitor compliance with this MOU through DOJ/OJA queries of the database. It may examine a sampling of each participant's ACISS records on a regular basis to ascertain appropriateness, accuracy, thoroughness and compliance with federal regulations. If remedial action is warranted, the participating agency will be notified in writing and requested to correct any deficiencies within 30 days. If remedial action in not taken, the Governance Board may place the participant on suspension or terminate participation.

Complaint Procedure

Any complaint about the operation of WDCMS from a participating agency should be directed to the DOJ system administrative staff or the Governance Board. DOJ staff are required to report such complaints to the Governance Board. The Board will investigate the complaint and take necessary action. Results of any formal complaint will be conveyed to the complaining party.

Termination

Participation by an agency may be suspended by a majority vote of the Governance Board or terminated for cause by unanimous vote. Cause shall include:

1. Use of WDCMS data for non-law enforcement purposes.

2. Dissemination of WDCMS data to an individual who does not have the right and need to know the data.

3. Any misuse of WDCMS data or inappropriate conduct by a participant as determined by the Board.

4. Failure to comply with the use and participation requirements of this MOU.

Amending this Memorandum of Understanding

Amendments to this Memorandum of Understanding may be made by the Governance Board as system developments and other circumstances require. Notice of changes will be sent to all participating agencies. Lack of response or objection will be deemed to be an agreement with the modifications.

Authorization

We, the authorized representatives of the named entities, agree to the policies, requirements and procedures identified in this document of five (5) pages.

Signatures:

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Department of Justice Representative Agency Representative

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Printed Name Printed Name

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Date Name of Participating Agency/Task Force

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