34120707.pdf

\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G - 54 GENERAL ORDER RESCINDS: SUBJECT: Criminal Gangs EFFECTIVE: May 6, 2008 REVISED: September 17, 2015 Table of Contents: I. Purpose II. Scope III. Statutory Authority IV. Definitions V. Investigations VI. Documentation VII. Dissemination of Intelligence Information VII. Gang Awareness Training I. PURPOSE: This directive provides written guidance and direction for the investigation and documentation of criminal gangs which may reside or operate within Seminole County. II. SCOPE: To facilitate their commission of violent and criminal acts, criminal gangs attempt to create fear in the community. Their existence undermines a community’s quality of life and is counterproductive to order and peace. III. STATUTORY AUTHORITY: Section 874, Florida Statutes (Criminal Gang Prevention Act) IV. DEFINITIONS: A. Criminal Gang (Section 874.03(1), Florida Statutes): A formal or informal ongoing organization, association or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols, including, but not limited to, terrorist organizations and hate groups. B. Criminal Gang Member (Section 874.03 (3), Florida Statutes): A Criminal Gang Member is a person meeting two or more of the following criteria: GENERAL ORDER Criminal Gangs GO # 54 PAGE 1 OF 5\n\n--- Page 2 ---\n\n1. This section will be superseded by any change to Section 874.03(3), Florida Statutes: a. Admits to criminal gang membership, b. Is identified as a criminal gang member by parent or guardian. c. Is identified as a criminal gang member by a documented reliable informant as a criminal gang member. d. Adopts the style of dress of a criminal gang. e. Adopts the use of a hand sign identified as used by a criminal gang. f. Has a tattoo identified as used by a criminal gang. g. Associates with one or more known criminal gang members. h. Is identified as a criminal gang member by an informant of previously untested reliability and such identification is corroborated by independent information. i. Is identified as a criminal gang member by physical evidence. j. Has been observed in the company of one or more known criminal gang members four or more times. Observation in a custodial setting requires a willful association. It is the intent of the Legislature to allow this criterion to be used to identify gang members who recruit or organize in jails, prisons, and other detention settings. k. Has authored any communication indicating responsibility for the commission of any crime by the criminal gang. 2. Where a single act or factual transaction satisfies the requirements of more than one of the criteria below, each of the criteria has thereby been satisfied for the purposes of the statute. C. Criminal Gang Associate (Section 874.03 (2), Florida Statutes): A criminal gang associate is a person meeting the following criteria: 1. Admits to criminal gang association; or 2. Meets any single defining criterion for criminal gang membership. D. Criminal Gang Related Activity (Section 874.04 (4), Florida Statutes: 1. An activity committed with the intent to benefit, promote, or further the interest of a criminal gang, or for the purposes of increasing a person’s own standing or position within a criminal gang. 2. An activity in which the participants are identified as criminal gang members or criminal gang associates acting individually or collectively to further any criminal purpose of a criminal gang. 3. An activity that is identified as criminal gang activity by a documented reliable informant. GENERAL ORDER Criminal Gangs GO # 54 PAGE 2 OF 5\n\n--- Page 3 ---\n\n4. An activity that is identified as criminal gang activity by an informant of previously untested reliability and such identification is corroborated by independent information. V. INVESTIGATIONS: A. Any crime or incident associated with criminal gang activity will be assigned to and investigated by the personnel or section that would normally investigate a similar crime or incident if the crime or incident was not related to criminal gang activity. B. The Offender Management Unit of the Domestic Security Division and the Juvenile Justice Division are responsible for tracking criminal gang activity in Seminole County and for coordinating the gathering and dissemination of intelligence information related to gang activities to the various agencies/sections involved in the investigation of criminal gang crimes or incidents. 1. The Offender Management Unit is responsible for coordinating the gathering/dissemination of intelligence related to adult criminal gang activity. 2. The Juvenile Justice Division is responsible for coordinating the collection and dissemination of intelligence related to juvenile criminal gang activity and for coordinating with the Offender Management Unit. 3. The Offender Management Unit and the Juvenile Justice Division shall work closely together and shall jointly coordinate the gathering/dissemination of any intelligence related to criminal gang activities or incidents that involve adults and juveniles. 4. The Offender Management Unit and the Juvenile Justice Division shall offer supplemental support to agencies/sections working gang related crimes or incidents. Supplemental support shall include, but is not limited to: a. Assisting with or conducting interviews of suspected or documented gang members or associates, b. Assisting with or conducting operations specifically conducted as intelligence gathering or proactive anti-gang patrols, c. Gathering/researching gang related statistics or information. VI. DOCUMENTATION: A. Deputy Sheriffs shall document all gang related intelligence in a Gang Intelligence Report (GI) in Café unless the information is going to be documented in an incident or arrest report. If the information is going to be documented in an incident or arrest report, the Deputy preparing the report shall ensure that the Gang Related or Graffiti Related check boxes are checked and shall add a second person type of “Gang Pending” to the Persons form. B. Graffiti 1. The Juvenile Justice Division is responsible for ensuring that graffiti related information is properly recorded and that the graffiti is eradicated. 2. Document incidents involving graffiti on an offense or information report with appropriate boxes indicating “gang activity” and/or “graffiti activity.” GENERAL ORDER Criminal Gangs GO # 54 PAGE 3 OF 5\n\n--- Page 4 ---\n\n3. Complete the Graffiti Abatement report on the Juvenile Justice Division intranet page. C. Information to be documented includes but is not limited to: 1. Locations of offenses and hangouts, 2. Gang jewelry, clothing, tattoos, symbols, colors, ethnicity, 3. Street names, gang and set names, rival gangs and associations, 4. Status in gang; 5. Friends, associates, co-defendants, acquaintances, 6. Vehicles, weapons, activities, crimes, graffiti, 7. Were parents notified? Were they aware of status? (juveniles only), 8. Admissions, accusations, informants, etc. D. All Sheriff’s Office personnel/sections are encouraged to document any possible gang related information. E. No Sheriff’s Office employee or section other than the Offender Management Unit is authorized to make the decision if a group, person or event meets the statutory criteria to be designated a criminal gang, criminal gang member, criminal gang associate or criminal gang related incident. F. The Offender Management Unit is responsible for ensuring proper documentation is used to determine if a person, group, or event is a criminal gang member, associate, or gang or gang related incident, and that such documentation is maintained in a secure fashion that is retrievable. When possible, the information shall be documented in Café in the form of a Gang Intelligence report. G. Personnel suspecting a group, person, or event is