The Critical Role of Animal Control and Humane LEOs in the FBI S NATIONAL INCIDENT BASED REPORTING SYSTEM (NIBRS)

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The Critical Role of Animal Control and Humane LEOs in the FBI S NATIONAL INCIDENT BASED REPORTING SYSTEM (NIBRS) NATIONAL ANIMAL CARE AND CONTROL CONFERENCE 7 OCTOBER 2016 ~ Seattle, WA

What is NIBRS?

National Incident Based Reporting System Video

National Incident Based Reporting System Incident based data collection that provides granularity into crime data reported by local, state, tribal & Federal partners Currently, 6,648 agencies report Incident Based Data ᴥ Which is 36% of about 18,467 reporting agencies ᴥ Covers about 29.9% of US population Numbers based on June 2016 reporting data, these numbers are subject to change Not all NIBRS agencies are programmed for all UCR collections

History of NIBRS

Animal Cruelty Data Collection 2005 (PL. 108-447) FBI to prepare report on advantages/disadvantages of animal cruelty collection in the NIBRS FBI UCR Program presented topic paper to the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB) in spring 2005 Should animal cruelty be added to the NIBRS? Is it a crime against society? Is it a crime against property?

Animal Cruelty Data Collection CJIS APB decided NOT to accept request to add animal cruelty: Funding Training National Data Exchange (N-DEx) in development, it was thought this could possibly be the solution Animal Welfare Institute & NSA 2010 began working with UCR programs at State & federal levels Crime Statistics Management Unit (CSMU) The fine folks who bring you the NIBRS user manuals

Animal Cruelty Data Collection CJIS 2014 CSMU, CJIS Training and Advisory Process Unit (CTAP), and Information Technology Management Section (ITMS) Coordinated to determine NIBRS Data Elements for animal cruelty collection Consideration given based on impact to state UCR programs Determined animal cruelty would be less impactful as a crime against society ~ Eliminated property segment Full recommendation presented and approved by CJIS Advisory Policy Board in Spring 2014

National Incident Based Reporting System Resolution signed August 26, 2015 Actively support a goal of years for full NIBRS transition

National Incident Based FBI Director Comey approved APB recommendation to transition to a NIBRS only data collection by Jan 1, 2021 Reporting System NIBRS is the pathway to more accurate data

NIBRS or not NIBRS?

Expanding Role for ACOs and HLE September, 2014, FBI Director approved the change to classify animal cruelty as Group A in the National Incident Based Reporting System (NIBRS) Data collection began January, 2016 The expansion of NIBRS and the inclusion of animal cruelty in NIBRS is a continuing project Changes have been made to NIBRS before, however, this is the first one that has a direct effect on the roles and responsibilities of ACOs and HLE

What do we know about how animal control agencies currently collect animal cruelty crime statistics National list of animal services agencies obtained from NACA In 2012, AWI conducted a survey of animal service agencies A random sample of 100 agencies were selected and sent a postcard, inviting them to participate in a survey Forty animal control agencies, representing 18 states responded: Arizona, Alaska, Arkansas, California, Iowa, Maine, Maryland, Maine, Michigan, New Hampshire, Oregon, New York, Oregon, Pennsylvania, Utah, Virginia, Washington, Wisconsin

Are your officers usually called first to investigate a suspected case of animal cruelty? No 5% Yes 95%

Is your agency located within Law Enforcement? Yes 45% No 55%

If your agency has enforcement powers, is your agency solely responsible for enforcement? Does not have law enforcement powers 18% No 23% Yes 59%

Where non-law enforcement are located Health Dept 7% Agriculture 7% Humane Society 86%

Shared With an Agency That Collects Crime Data for the FBI Yes 17% No 83%

Exchange Information with Law Enforcement Few times a year 28% Daily 24% Monthly 5% Weekly 43%

It Would be Useful to Collect Animal Cruelty Statistics Somewhat Agree 5% Disagree 5% Agree 18% Strongly Agree 72%

What is an animal cruelty incident under NIBRS? Something that was known or reported If there is a complainant, there is an incident NOT an arrest NOT an investigation NOT related to being a felony NOT related to being a misdemeanor NOT related to age of offender

Challenges As defined, an incident covers a wide net of possibilities Animal control officers are most likely to be the first responder to an animal cruelty incident Only law enforcement agencies can report NIBRS data to the FBI

Possible Solutions to Challenge Tool kit being developed for animal control officers Development of a universal reporting form for animal control officers, with manual Memorandum of Understanding between AC and LEA Training at local, state, and national conferences and NACA training sites

Animal Cruelty Data Collection Reporting Agency 2016 Preliminary Numbers As of June 30, 2016: 85 agencies from 7 States have submitted animal cruelty data Delaware, Kentucky, Massachusetts, Michigan, Washington, Wisconsin, West Virginia» 264 Total Incidents Reported» 39 Arrested 8 Additional States are programmed and are implementing the new collection: Arizona, South Carolina, Tennessee, South Dakota, North Dakota, Vermont, Missouri, Montana Numbers are preliminary and have not gone through UCR System Business Rules. Once processed the numbers could change.

Animal Cruelty Data Collection Getting the Data ~Strategy Work with Public and Private Sector Special Interest Groups Humane Society of the United States Animal Welfare Institute American Society for the Prevention of Cruelty to Animals Crime Data Modernization Working with local, state, tribal & federal entities to migrate to NIIBRS Certifying state and federal programs

Animal Cruelty Data Collection Foster Communication Between Law Enforcement and Humane Society Groups Limited Communication to Report Incidents Law Enforcement (LE) Memorandum of Understanding Access to reporting NCIC other LE Data sets NIBRS Collection Worksheet Humane Shelter Personnel Volunteers Animal Control Officers/Humane Control Officers 26

Animal Cruelty Data Collection NIBRS Data Utilization ~ CSMU Data collection of all crime statistics acquired across all 50 states and additional territories Analysis of all data Identify Trends Identify potential hot spots Provide the national picture 27

Animal Cruelty Data Analysis Direct correlation between animal cruelty & other crimes Crimes Against Children Domestic Violence Serial Murderers Serial Rapists Provide Access to National data for all LEOs Crime Data Explorer (CDE) Concept of Heat Mapping National Data Near real time intelligence Graphical overlay of all crime data near real time nationally

Summary NIBRS provides granularity of the data All 50 states have adopted felony animal cruelty laws Federal statutes on animal cruelty Animal Fighting Statute Horse Protection Act Federal Animal Crush Video Statute Animal Welfare Act Humane Slaughter Act Migratory Bird Protection Act Endangered Species Act FBI has committed to collecting and is working diligently to ensure all agencies are aware and able to provide the information

Animal Cruelty Definition UCR Definition - Animal Cruelty Intentionally, knowingly, or recklessly taking an action that mistreats or kills any animal without just cause, such as torturing, tormenting, mutilation, maiming, poisoning, or abandonment. Included are instances of duty to provide care, e.g., shelter, food, water, care if sick or injured; transporting or confining an animal in a manner likely to cause injury or death; causing an animal to fight with another; inflicting excessive or repeated unnecessary pain or suffering, e.g., uses objects to beat or injure an animal. This definition does not include proper maintenance of animals for show or sport; use of animals for food, lawful hunting, fishing or trapping.

What Constitutes Animal Cruelty?

Animal Cruelty Data Collection Group A Offense Code Crime Against Society 720 = Animal Cruelty A = Simple/Gross Neglect I = Intentional Abuse and Torture F = Organized Abuse (Animal Fighting) S = Animal Sexual Abuse

What Constitutes Animal Cruelty Simple/ Gross Neglect (A)

Intentional Abuse and Torture (I)

Intentional Abuse and Torture (I)

Animal Fighting (F)

Animal Sexual Abuse (S)

Reporting Animal Cruelty to the FBI Witness Animal Control Animal Control Officer

Reporting Animal Cruelty to the FBI Local Law Enforcement State UCR Program FBI

Reporting Animal Cruelty to the FBI NIBRS ANIMAL CRUELTY INCIDEN REPORT FORM

Animal Cruelty Incident Report Summary of Animal Cruelty Incident Animal Cruelty Sections Administrative Offense Property Offender/Arrestee Victim Complainant Witness Narrative

NIBRS Animal Cruelty Incident Report ADMINISTRATIVE SECTION

NIBRS Animal Cruelty Incident Report OFFENSE SECTION

NIBRS Animal Cruelty Incident Report OFFENSE SECTION (Continued)

NIBRS Animal Cruelty Incident Report PROPERTY SECTION

NIBRS Animal Cruelty Incident Report OFFENDER SECTION

NIBRS Animal Cruelty Incident Report OFFENDER SECTION (Continued)

NIBRS Animal Cruelty Incident Report VICTIM SECTION

NIBRS Animal Cruelty Incident Report COMPLAINANT SECTION

NIBRS Animal Cruelty Incident Report WITNESS SECTION

NIBRS Animal Cruelty Incident Report NARRATIVE SECTION

The NIBRS Tool Kit NIBRS Cover Letter NIBRS Animal Cruelty Incident Report NIBRS Animal Cruelty Incident Report User Manual ACO/LEA Agreement

NIBRS Animal Cruelty User Manual

NIBRS FAQs Do I have to have proof of a violation before I can submit the incident? What if we do not arrest a person or issue a citation, can that incident still be reported? Can I submit my information directly to the FBI?

The Future of NIBRS?

The NIBRS Next Steps ACOs and HLE need to: Determine if they are a NIBRS State already Decide which incidents they will be reporting Initiate discussions with their local law enforcement agency

Contact Us Daniel E. DeSousa Deputy Director County of San Diego Department of Animal Services Dan.desousa@sdcounty.ca.gov Mary Lou Randour, Ph.D. Senior Advisor, Animal Cruelty Programs and Training Animal Welfare Institute Marylou@awionline.org Nelson Ferry Crime Statistics Management Unit (CSMU) Federal Bureau of Investigation, CJIS Division nelson.ferry@ic.fbi.gov Martha Smith-Blackmore, DVM President, Forensic Veterinary Investigations, LLC www.vetinvestigator.com marthasmithdvm@gmail.com

Questions