Annex H - Law Enforcement - West Virginia Division of Homeland by changcheng2

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									Annex:                                                   H


Title:                                         Law Enforcement


Related Federal ESFs:                 ESF 13 – Public Safety and Security

                          This annex defines the organizational, operational, concepts
Purpose:                  and responsibilities to accomplish state emergency law
                          enforcement and security requirements.
                           WV Code, Chapter 15, Article 5, Sections 6 and 12, as
West Virginia Code:
                            amended

Primary Agency:            West Virginia State Police

                             West Virginia Division of Natural Resources
                             West Virginia State Fire Marshal
                             West Virginia Public Service Commission
                             West Virginia National Guard
State Support Agencies:
                             West Virginia Department of Transportation, Division of
                              Highways
                             West Virginia Department of Health and Human Resources
                             West Virginia Department of Environmental Protection
                             West Virginia State Police Emergency Plan
                             West Virginia Hazardous Materials Response Plan
                             West Virginia Emergency Operations Plan
References:                  National Response Framework, as amended
                             National Incident Management System
                             Homeland Security Presidential Directive 5
                             Homeland Security Presidential Directive 8
                                                         ANNEX H
                                                    LAW ENFORCEMENT

                                                   TABLE OF CONTENTS

I.     PURPOSE ............................................................................................................................. 1
II.    SITUATION AND ASSUMPTIONS.................................................................................. 1
       A.      Situation ........................................................................................................................ 1
       B.      Assumptions.................................................................................................................. 1
III. CONCEPT OF OPERATIONS .......................................................................................... 2
       A.      General .......................................................................................................................... 2
       B.      Phases of Management ................................................................................................. 2
               1. Response Phase ....................................................................................................... 2
IV. ORGANIZATION AND RESPONSIBILITIES ............................................................... 3
       A.      Organization .................................................................................................................. 3
       B.      Responsibilities ............................................................................................................. 3
       C.      Task Responsibilities .................................................................................................... 4
               1. State......................................................................................................................... 4
               2. Federal..................................................................................................................... 5
V.     DIRECTION AND CONTROL ......................................................................................... 6
       A.      General .......................................................................................................................... 6
               1. Suspected or Actual Terrorist Event ....................................................................... 6
VI. CONTINUITY OF GOVERNMENT ................................................................................ 6
VII. ADMINISTRATION AND SUPPORT .............................................................................. 7
       A.      Records Maintenance .................................................................................................... 7
       B.      Preservation of Records ................................................................................................ 7
VIII. ANNEX DEVELOPMENT ................................................................................................. 7




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                                           ANNEX H

                                   LAW ENFORCEMENT


I.     PURPOSE

       A. This annex defines the organizational, operational, concepts and responsibilities to
          accomplish state emergency law enforcement and security requirements.

       B. This annex is intended to be consistent with other sections of the West Virginia
          Emergency Operations Plan (WVEOP), the National Response Framework (NRF)
          and the National Incident Management System (NIMS).

II.    SITUATION AND ASSUMPTIONS

       A. Situation

           1. This annex applies to any type of incident (act of nature, technological accident or
              intentional act) and any magnitude of disaster (minor, major or catastrophic).

       B. Assumptions

           1. An incident or multiple incidents have occurred that require extensive law
              enforcement resources.

           2. Mutual aid between jurisdictions and requests for assistance to local authorities
              from state resources can be expected.

           3. There could be a localized and/or state-wide shortage of law enforcement officers.

           4. Many law enforcement officers may be required to perform duties outside of their
              routine functions.

           5. Law enforcement officers could be working in an environment with “secondary”
              devices.

           6. Law enforcement officers could be working in a contaminated environment.

           7. Law enforcement officers could be working in cumbersome and constraining
              personal protective equipment (PPE).

           8. Radio and cellular communications may be disrupted.




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           9. Law enforcement personnel maintained by the political subdivisions for day-to-
              day operations may prove to be inadequate.

           10. The incident may involve mass casualties.

           11. There may be concerns for evidence preservation simultaneously with responding
               to the incident.

III.   CONCEPT OF OPERATIONS

       A. General

           1. During emergencies or disasters, the West Virginia State Police (WVSP) is
              responsible for law enforcement, traffic control and coordination in handling mass
              casualties and victim identification.           These functions are customary
              responsibilities of the state police within assigned jurisdictions and are basically
              unchanged except to require intensified effort during a major emergency or
              disaster.

           2. When the local law enforcement system becomes strained during a major disaster,
              the WVSP renders assistance to municipal and county governmental agencies or
              any other agency or agencies to help protect life and property, alleviate suffering,
              restore and maintain law and order.

           3. Depending on the requests for services and its operational capabilities, State law
              enforcement assistance may consist of on-scene needs assessment, administrative
              support and/or full mobilization, and deployment of personnel and equipment.
              This may include law enforcement in security of the disaster area, traffic control
              activities, anti-looting activities, and other related operations as appropriate.

       B. Phases of Management

           1. Response Phase

                  a.   Establish Incident Command, or integrate into an existing Incident/Unified
                       Command structure that may be established by earlier arriving Emergency
                       Services personnel.

                  b.   Analyze incident to determine possible criminal or terrorist connections by
                       local law enforcement in coordination with WVSP.

                  c.   If criminal or terrorist involvement is suspected, preserve possible evidence
                       and identify witnesses before they leave the scene.




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                  d.   If terrorism is suspected, notify the Federal Bureau of Investigation (FBI).
                       Incidents of suspected or actual terrorism are addressed using procedures in
                       Annex T – Terrorism.

                  e.   Be aware of possible “secondary” devices or the presence of a chemical or
                       biological risk to arriving officers.

                  f.   Develop a demobilization plan.

                  g.   When local law enforcement resources have been utilized to the maximum
                       extent possible or when technical expertise is required and not available
                       locally, request mutual aid from the West Virginia Division of Homeland
                       Security and Emergency Management (WVDHSEM) or State Emergency
                       Operations Center (SEOC) when the SEOC is activated by the WVSP.

                  h.   Continue analysis of the incident to determine if criminal or terrorist
                       involvement is or should be suspected.

                  i.   Continue to monitor the safety of law enforcement personnel including the
                       possible use of PPE.

                  j.   Integrate arriving mutual aid units into the Incident or Unified Command
                       structure.

                  k.   Track resources and mission assignments in accordance with the National
                       Incident Management System (NIMS).

                  l.   Request resources by NIMS Type through the SEOC.

                  m. Revise the Demobilization Plan to account for mutual aid resources.

IV.    ORGANIZATION AND RESPONSIBILITIES

       A. Organization

           The Superintendent, or designee, of the WVSP coordinates the police services
           operations of the department and supporting agencies, and maintains liaison with the
           Director, WVDHSEM throughout emergency and recovery operations.

       B. Responsibilities

           1. As used in this annex, the responsibilities of law enforcement are very broad, to
              include but not be limited to:

                  a. Security Functions:




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                     1) Roving patrol

                     2) Point security

                     3) Access control (identification checks)

                     4) Protection of critical facilities and key assets

                  b. Routine Law Enforcement Functions:

                     1) Routine patrol

                     2) Traffic management and accident investigation

                     3) Routine criminal investigation

                     4) Evidence collection and preservation

                     5) Responding to public calls for service

                     6) Special Operations Response

                     7) Hostage Negotiations

                  c. Non-Routine Functions:

                     1) Conduct operations in a suspected or actual contaminated environment

                     2) Assist federal authorities with their investigations

                     3) Respond to suspected or actual domestic or foreign acts of terrorism

                     4) Anti-looting enforcement

                     5) Civil disorder response

       C. Task Responsibilities

           1. State

                  a. The WVSP provides police services when requested by local authorities when
                     an emergency situation is beyond local capability or upon request of the
                     Director, WVDHSEM.

                  b. The Superintendent, WVSP, or his designated representative, coordinates
                     police services as a member of the SEOC when the SEOC is activated.



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                  c. The following state agencies provide support to the WVSP:

                     1) West Virginia Division of Natural Resources (WVDNR) Law
                        Enforcement Division: Supplemental law enforcement personnel when
                        requested by the Superintendent.

                     2) West Virginia Division of Highways (WVDOH):                Personnel and
                        equipment upon request by the Superintendent for traffic control.

                     3) West Virginia Office of Chief Medical Examiner: Assistance for victim
                        identification and support in accordance with state laws in handling
                        disaster-related deaths.

                     4) West Virginia Department of Health and Human Resources (WVDHHR):
                        Assistance in radiological events.

                     5) West Virginia Department of Environmental Protection (WVDEP):
                        Assistance in hazardous materials incidents.

                     6) West Virginia State Fire Marshal (WVSFM): Coordination of Regional
                        Response Teams for hazardous materials response and law enforcement
                        support.

                     7) West Virginia Public Service Commission (WVPSC): Supplemental law
                        enforcement when requested by the WVSP Superintendent.

                     8) West Virginia National Guard (WVNG): Provide sworn law enforcement
                        officers form the Air National Guard Security Police to supplement WVSP
                        and/or local law enforcement agencies with very strictly outlined duties, as
                        long as they are still under State Active Duty (SAD). Can also provide
                        National Guard soldiers for utilization of traffic control and area control as
                        long as the WVNG is activated and ordered to do so by the Governor.

           2. Federal

                  a. The FBI provides victim identification assistance to the state police when
                     requested to do so by the Superintendent.

                  b. The FBI is the lead agency for Homeland Security related investigations.




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V.     DIRECTION AND CONTROL

       A. General

           1. Suspected or Actual Terrorist Event

                  a. If the incident is suspected of being a terrorist event as recognized by the
                     Department of Homeland Security, federal law enforcement may be
                     dispatched to the scene to conduct an analysis and preliminary investigation.
                     Local law enforcement is responsible for and has the authority to provide
                     direction and control to response actions.

                  b. To accommodate the needs of the federal authorities while permitting the
                     local authorities to continue with overall management, Unified Command
                     should be established if it is not already operational for a suspected or actual
                     terrorist event.

                  c. Once the incident is determined to be terrorist related, the FBI becomes the
                     lead agency for purposes of criminal investigation, evidence collection and
                     processing, witness interviews and related law enforcement activities that
                     might develop; for instance, the need for hostage negotiations or a Special
                     Operations Response unit.

                  d. Traffic management, point security, and perimeter patrol, personal
                     identification verification, and other routine law enforcement functions
                     continue to be the responsibility of the state and local law enforcement agency
                     with jurisdiction.

                  e. Local, county and/or state law enforcement agencies may be requested to
                     support the FBI or other federal law enforcement agencies in their work; such
                     as:

                     1) Conducting preliminary witness interviews;

                     2) Assisting with the locating of evidence, marking and protecting the
                        evidence sites; and

                     3) Transporting and holding in custody suspects or persons of interest in the
                        federal inquiry.

VI.    CONTINUITY OF GOVERNMENT

       A. Lines of succession are in accordance with the WVEOP Basic Plan. It is the
          responsibility of each agency to ensure sufficient trained staff is available to perform
          their duties with limited interruption.




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VII.   ADMINISTRATION AND SUPPORT

       A. Records Maintenance

           1. It is the responsibility of the WVSP to review this annex and ensure that all
              procedures, policies, data, and responsibilities are current and reflect actual
              assignments. Each emergency service agency tasked with a role in law
              enforcement activities is responsible for ensuring their procedures are reviewed
              and kept current.

           2. It is assumed that this annex contains deficiencies that do not become apparent
              until the plan is activated or exercised. Anyone noting deficiencies should submit
              them to the WVSP as they are identified.

       B. Preservation of Records

           1. Preservation of records is in accordance with current local, State, and Federal
              records retention schedules.

VIII. ANNEX DEVELOPMENT

       A. WVSP is responsible for the development of this annex.




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