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Review of the Critical Incident Response Plans of the United States Attorneys’ Offices

Report Number I-2004-001
December 2003


APPENDIX A

CRITICAL INCIDENT RESPONSE PLAN CONTENT ANALYSIS

APPENDIX A - CRITICAL INCIDENT RESPONSE PLAN CONTENT ANALYSISNumber and Percentage of Plans
Failing to Address Action Items
Action
Item
CTS-Recommended Action Items (from 48-Hour Checklist) Number of 76 Plans Failing to Address Item Percentage of 76 Plans Failing to Address Item
1 Obtain the best information available on the incident 30 39%
2 Determine FBI plans for establishing a command post 24 32%
3 Advise EOUSA and CTS per the DOJ Crisis Response Plan 21 28%
4 Establish clear communication channels with Headquarters 31 41%
5 Establish initial support needs and liaison with Criminal Division 57 74%
6 Deploy AUSAs consistent with incident magnitude 12 16%
7 Ensure that deployed AUSAs know their role and interrelationships 16 21%
8 Plan for overlapping relief shifts for AUSAs to ensure coverage and smooth transitions 32 42%
9 Designate a Senior AUSA to handle reassignment of crisis response AUSAS to include contact with court regarding postponing court calendar 45 59%
10 Ensure availability of victim/witness resources and service 21 26%
11 Ensure AUSAs have appropriate equipment (e.g., cell phones, laptops, ACIRG Manual, electronic forms) 33 43%
12 Ensure availability of accommodations and transportation if event outside USAO area 52 67%
13 Identify information flow at command post 38 50%
14 Assign AUSAs at critical information flow points within the command post and the "SAC's Room" 53 70%
15 Ensure AUSAs know investigative developments in timely manner 51 67%
16 Designate AUSA(s) to review affidavits and applications for process to ensure advisability, accuracy, consistency 47 62%
17 Designate case agents 54 71%
18 Review law enforcement coordination between federal agencies, and state and local authorities 38 50%
19 Ensure FBI/HQ does not initiate investigative action in other field offices without coordinating with command post 56 72%
20 Have FBI/HQ take affirmative steps to ensure that other FBI offices do not self-initiate investigative activity without coordination 57 74%
21 Ensure with SAC/On-Scene Commander that the following are used ONLY with coordination with USAO (e.g., composites, informal immunity, photo identification, search warrants) 54 70%
22 Review media procedures with SAC/On-Scene Commander (e.g., coordinating public statements with USAO, monitor pretrial publicity for litigation issues) 31 39%
23 Ensure interviews are coordinated to avoid multiple agency interviews 67 87%
24 Ensure consistent procedure in conducting/documenting interviews (e.g., one write-up, consistent format across agencies) 67 87%
25 Preserve crime scene consistent with life-saving requirements 54 70%
26 Ensure single, coordinated crime scene protocol 60 79%
27 Ensure orderly presentation of evidence at trial through limited witnesses (e.g., search team leaders) 63 82%
28 Establish single, unified evidence room and communicate chain of custody procedures 61 80%
29 General coordination with EOUSA and CTS to ensure USAOs receive instructions on how to proceed 62 80%
30 Coordinate on issuing grand jury subpoenas 63 82%
31 Coordinate applications for process, search warrants, arrest warrants, pen registers 60 78%
32 Coordinate on using photo spreads, lineups, hypnosis, polygraphs, informal immunities 64 83%
33 Coordinate on issuing public statements 49 64%
34 Check availability of grand jury 62 80%
35 Assess remaining life of grand jury/juries 62 80%
36 Coordinate with court concerning special grand jury sections 62 80%
37 Assess need for voir dire of grand jurors if they are within scope of potential victims 59 76%
38 Assign paralegal or clerk to log subpoenas provided to law enforcement and to maintain record of disposition 65 84%
39 If out of district prosecutors involved, obtain necessary grand jury authorizations for official appearances before grand jury and ensure same filed with clerk 67 87%
40 Check availability of resources/personnel - Rapid Start 66 86%
41 Check availability of resources/personnel with forensic expertise 61 79%
42 Check availability of resources/personnel for sketch artist 66 86%
43 Check availability of resources/personnel - photographer 66 86%
44 Special Projects Unit to ensure timely initial measurements for potential mock-ups at trial 66 86%
45 Coordinate concerning availability of grand jury 63 82%
46 Coordinate procedure for around the clock availability of judges for issuance of process 56 72%
47 Develop a regional crisis management plan 60 78%
48 List of contacts at every relevant federal, state, and local agency which may be called on to participate 34 45%