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HomeMy WebLinkAboutPolicy 229 – Body Worn Camera,1,,,111,1111111111111,1 OSHKOSH POLICE DEPARTMENT POLICY AND PROCEDURE TITLE: Body Worn Cameras POLICY SERIES: 229 Effective Date: July 22, 2020 Date Issued: July 22, 2020 Chief of Police: Dean Smith (signature on file) Date Signed: July 7, 2020 Statutory References: 2019 Wisconsin Act 108 CALEA Standard: 21.3.7 Final Review Date: April 4, 2019 Review By: Command Staff Rescinds Policy Dated: March 10, 2020 SECTION DESCRIPTION 229.01 Purpose 229.02 Policy 229.03 Procedure 229.04 Use of BWC on School Property 229.05 Use of Video for Prosecution 229.06 Retention 229.07 Security 229.08 Policy Posting 229.09 Review of Policy Appendix 229 A Video Inspection Form 229.01 Purpose The purpose of this policy is to set forth guidelines for the use, management, storage, and retrieval of audio-visual media recorded by body -worn cameras (BWCs) so that officers record their contacts and interactions with the public. All digital recording devices as included within this policy shall be used to assist Department personnel in the performance of their duties by providing an accurate recorded account of an incident. 229.02 Policy It is the policy of the Oshkosh Police Department to facilitate transparency within the Department. One method will be the deployment of digital recording devices commonly known as body worn cameras. 229.03 Procedure A. Body Worn Cameras (BWC) 1. There shall be two designated department members responsible for the BWC program. Both of these positions shall be designated and assigned by the Chief of Police. B. Body Worn Camera Logistics Officer (BWCLO) 1. All mechanical issues, concerns, and functional needs or requirements as well as any software needs shall be addressed with the BWC Logistics Officer (BWCLO). This may include: replacing damaged cords or hardware, replacement of damaged cameras, issuing equipment to new officers, tracking warranty and return issues with the vendor, and software issues with Evidence.com on department computers. C. Body Worn Camera Coordinator (BWCC) 1. Issues concerning policy or program needs and/or concerns shall be forwarded to the BWC Coordinator. This may include: resetting passwords, changing permissions within the software to grant varying levels of access and monitoring retention and deletion schedules. D. BWC Assignment 1. BWCs shall be assigned to all uniformed officers assigned to the patrol division, school resource officers, and any other members or officers as designated by the Chief of Police or his/her designee. All officers assigned a BWC shall wear the assigned camera during all scheduled duty shifts and any overtime assignments. Officers shall use only those BWCs issued to them by the Department unless outlined elsewhere within policy or otherwise approved by the Chief of Police. The wearing of personal video recorders, or those assigned to other officers is strictly prohibited. All users and supervisors of officers issued BWCs shall receive training on the proper function, use, capabilities and requirements of the BWC prior to personal assignment. E. Training 1. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Training shall include: a. Review of this policy, including BWC date retention requirements b. Requirements of Policy 146: Victim Witness Assistance c. Proper Use and Operation of equipment d. Proper tagging and download of videos ID: TITLE: TAGGING FORMAT Complaint# i.e. 19-000001 (BWC with no complaint number generated may be entered with all zeros and categorized as non -mandatory if applicable). CAD Code *MUST be listed first* THEN #1, #2, #3 etc...if multiple videos THEN Address, name or other info CATEGORY: Choose appropriate retention category/categories. ID 19-000999 EXAMPLE: TITLE ACCFAT #1 Witzel CATEGORY Crash, Death e. Proper maintenance of equipment in accordance with the manufacturers training. 2. Additional training may be required to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. 3. All police supervisors shall receive training in the operation of the BWC. In addition, they shall receive training to access and review the videos as outlined in Policy 229.03(B)(3). 4. All officers shall be trained on the requirements set forth in Policy 146: Victim Witness Assistance. Newly hired officers will complete this training as part of the Field Training Program and will also train with the District Attorney's Office Victims' Rights Advocate. 5. All employees that use, maintain, store, or release BWC data shall receive training that includes: a. Review of this policy b. BWC date retention requirements c. Requirements regarding when BWC data may be released F. General Operation 1. Equipment Check a. All officers assigned a BWC shall pick up their assigned camera prior to their duty assignment. As part of the daily equipment check, each officer assigned a BWC shall ensure its proper operation in accordance with training received and manufacturer's directions. b. The responsible officer shall immediately report any malfunction discovered during the initial daily equipment check or any time during the shift to their supervisor; additionally, an email shall be sent to the Body Worn Camera Logistics Officer (BWCLO) to advise and arrange for the repair/replacement of the equipment by the BWCLO's next scheduled work day. In the event the BWCLO is not on duty, the BWC Coordinator will handle any logistics related concerns in reference to the replacement of parts or body worn cameras. c. Officers assigned a BWC shall be responsible for its operation during all scheduled shifts and/or overtime assignments. If at any time during the officer's shift the BWC battery life expires, is lost, or the camera itself malfunctions, the Shift Commander or School Resource Officer (SRO) Supervisor shall be notified. If the officer's camera battery has expired the officer shall notify the supervisor and a spare battery shall be checked out from the Patrol Equipment Room. The spare battery shall be returned to the supervisor prior to the officer securing from duty. d. In the event an officer needs a spare camera a supervisor shall be notified and the supervisor will issue that officer a spare camera based on the availability listed on the spare camera chart. The supervisor shall immediately notify the BWCLO and BWC Coordinator that a spare camera has been issued. e. An officer who loses a body worn camera shall follow Policy 118 Malfunctioning or Lost Equipment. The officer shall also notify the BWCLO and the BWC Coordinator before the end of the officer's work day that the BWC is lost. f. Officers shall notify the BWCLO of any BWC videos that do not upload properly and remain visible on the BWC. g• The BWCLO shall prepare a monthly report to the BWC Coordinator outlining any cameras that required replacement or repair within the last month as well as their status. 2. Activation a. Officers shall utilize one of the supplied mounting options. The camera shall be mounted in a forward facing position to ensure maximum footage capture. Officers shall have one mounting option available on their person during duty. b. Officers are required to periodically ensure that the camera is positioned in such a manner as to provide maximum video coverage. c. All officers who are equipped with a BWC shall activate the BWC to the record mode at the earliest possible time, when it is safe and practical, for each in person citizen encounter related to a call for service and/or law enforcement activity not outlined as prohibited within this policy. This shall occur prior to arrival/exiting the squad car or when emergency lights have been activated and a citizen encounter is anticipated. The recording shall continue until the citizen encounter has ended. Additionally, tactical activities such as building searches, vehicle searches, searches for suspects and missing persons, and building checks at alarms shall be recorded. This includes SWAT officers who are issued BWCs when participating in a SWAT operation. Mobile Field Force members who have been issued a BWC will be required to use the camera when deployed. d. Officers shall take witness and suspects statements in accordance with Policy 228 Electronic Recording of Interviews. Body Worn cameras generally should not be used to record formal witness or suspect statements. e. If an officer becomes involved in a vehicle pursuit the officer shall activate their BWC. f. Squads equipped with the Axon Signal will activate the BWC when the emergency lights are activated. The signal lasts for 30 seconds and affects a 30 foot radius. g i. Officers should refrain from turning on their battery until after their squad check. ii. Officers are still responsible to ensure their BWC has been activated. iii. If an officer is in close proximity to another squad's emergency lights during the signal burst their BWC may be activated. iv. Inadvertent recordings may be categorized as non - mandatory Officers may review body camera video in preparation of their reports. If a review is done it shall be documented in the summary statement of the report. 3. Officer Formal Statements a. Officers shall have the option to review all applicable BWC video footage created by the individual officer prior to submission of any formal statement, including statements related to internal investigations. b. If the officer does review video footage they shall indicate it in the formal statement. 4. Prohibitions and Exceptions a. Prohibitions There are situations where it may not be appropriate to activate the BWC. The following list includes areas and circumstances where the officer shall not activate the camera unless being used as part of a call for service: i. Bathroom/personal areas and locker rooms where there is a reasonable expectation of privacy. ii. When inside a medical or mental health facility where there is a reasonable expectation of privacy (i.e. operating rooms, examination rooms, versus common area(s) of the Emergency Room, etc.) iii. Court: Officers shall not wear the BWC while appearing for court. iv. Interactions with Confidential Informants (CIs) v. Routine communication with other Departmental, or other City personnel vi. During informal/formal supervisor counseling sessions vii. Informal citizen contacts that are not related to a call for service or law enforcement activity a. Exceptions i. In locations where individuals have a reasonable expectation of privacy (such as the interior of residence), the resident may decline to be recorded unless the recording is being made pursuant to an arrest, a search of the residence or of the individuals. This exception does not apply to those individuals who have no legal right to occupancy of the space in question. ii. If a citizen refuses to make a statement because they are being recorded, the officer may discontinue recording and document in accordance with the direction listed below. Officer may also suggest to the citizen that they leave the audio recording on and point the camera in another direction so the citizen is not being video recorded. iii. Anytime the BWC is deactivated when otherwise required by this policy to record, the officer shall advise first on recording before deactivation, followed by a note in CAD stating a detailed reason why the termination or interruption occurred. If there is any doubt as to whether a situation should be recorded, consult with a supervisor. If the supervisor is unavailable, and it is possible to record, then the incident shall be recorded. iv. Crash Team Investigators, when called out, shall not be required to retrieve their body cameras prior to responding to the scene. v. Snipers, while in their hide will not be required to activate their cameras. vi. Crisis Negotiation Team members will not be required to wear their respective cameras when conducting negotiations that do not involve face to face encounters with citizens. vii. Officers working in a plain clothes capacity including Detectives, Drug Investigators, SRO's assigned to investigations outside of their normal SRO responsibilities and officers conducting background investigations are not required to wear a body worn camera. viii. Surveillance Team members working in an undercover capacity will not be required to wear their camera. ix. Off duty officers who put themselves into an on -duty status due to an emergency situation are not required to have their BWC. 5. End of Shift/Duty Requirements a. Reporting i. Any time a report is generated, it shall be annotated in the narrative if video is available. Supporting officers shall be listed within the narrative. ii. Any time a computer report (short form) is generated, every officer who has video shall note in CAD if video is available. iii. Officers shall document any BWC footage on the use of force form. b. Categorizing i. Each officer shall select the proper retention category for each video prior to the end of their shift. ii. This may be done via the mobile data computer in the squad car or department issued smart phone in accordance with training received. iii. Investigating officers shall ensure that any supporting officers who were present at the scene of an incident are advised to tag their related videos as appropriate to the call for service they are on. Supporting officers shall tag their associated video footage as instructed by the primary investigating officer. iv. The following are the 15 retention categories that officers will choose from when tagging videos: RETENTION CATEGORY RETENTION SCHEDULE 1. Committal -Alcohol Incapacitation 121 days 2. Crash 1 year 3. Crime Felony 7 years 4. Crime Misdemeanor 3 years 5. Critical Incident -Officer Involved Until Manually Deleted 6. Death Until Manually Deleted 7. Minor Incident/No Arrest 121 days 8. Non -Mandatory 121 days 9. Ordinance Citation 2 years 10. OWI Civil 3 years 11. OWI Criminal 5 years 12. Traffic Section I 1 year 13. Traffic Section II 3 years 14. Traffic Warning only 121 days 15. Warrant/Transport 121 days (Body worn camera recordings shall be retained longer than the listed retention schedule when required by section 229.06 —Retention.) c. Turn -in The BWC shall be docked for downloading and/or charging in the assigned docking station prior to the officer ending his/her shift. These docking stations are secured in the Patrol Equipment Room on the lower level of the Safety Building, near the Roll Call room. Officers who have a pending shift outside of normal assignment (e.g. special detail, etc.) shall be permitted to maintain possession of the camera for the pending shift. Upon completion of the pending shift the BWC shall be turned in as specified for download. The BWC shall not be taken home at the end of a shift. d. Syncing Downloading or uploading to any device other than the dock as assigned at the Safety Building is strictly prohibited. The only exception is in the case of serious incidents (i.e. officer involved shootings, in -custody deaths, etc.) where the camera is turned over to Internal Affairs who will tag the video. G. Supervisor Responsibilities Supervisors shall ensure that officers utilize BWC's according to policy guidelines. 1. Body Worn Cameras (BWCs) a. If a personnel complaint/internal investigation is associated with a recorded event, or an officer believes an incident may generate a personnel complaint, the supervisor shall notify the BWCLO to preserve the video. b. The Supervisor shall provide additional batteries in case of expiration or fault. Four additional batteries shall be kept in a charged status within the Patrol Equipment Room. In the event the officer requires a battery during shift, the officer will be permitted to use a battery from the Patrol Equipment Room. The Supervisor shall log the battery into the Patrol Equipment Room Log Book that is located in the Patrol Equipment Room. 2. Inspection of Digital Recording Devices In conjunction with the semi-annual formal line inspection, all BWCs shall be inspected to ensure equipment is working properly by a supervisor. (OPD Appendix 154 A Personnel Inspection Form) 3. Video Review a. The supervisor shall conduct a monthly audit for each assigned officer to ensure proper tagging and categorization. If issues are identified the supervisor shall ensure the officer makes the corrections. Monthly audits will be documented in the quarterly reviews described below. b. The supervisor shall review their officers' recordings within seven (7) days of initial assignment (BWC), and thereafter on a quarterly basis. This may be accomplished by viewing a sampling of each officer's recordings and comparing those recordings with the officer's CAD activity report. The supervisor may review the activity report and recordings with the assigned officer to correct any deficiencies that are identified as appropriate. The supervisor shall review a minimum of three (3) videos per officer per quarter. (Supervisors shall document the video review on OPD APPENDIX #229 A Video Inspection.) c. If it is deemed that pursuant to video review the officer's choice of location for camera wear is supplying obviously insufficient or substandard video footage, the supervisor shall advise the officer of the need for adjustment and document accordingly on the OPD Appendix 229 A Video Inspection form. d. After two subsequent advisements of this nature resulting from the same location, the supervisor shall document in the shift level file with the officer's signature, and the officer shall then be required to utilize one of the other provided mounting options. Failure to adhere to this requirement may result in discipline. e. When a supervisor becomes aware that an officer did not activate their BWC as required the supervisor will investigate the circumstances surrounding the failure to activate the BWC. f. Any BWC which may contain recordings from an officer involved incident serious in nature (i.e. officer involved shootings, officer involved deaths, etc.) shall immediately be seized by the supervisor and turned over to the Internal Affairs Investigator. 229.04 Use of BWC on School Property A. Officers shall not activate cameras while inside school health offices or school locker rooms, except when being used as part of a legitimate call for service. B. School Administrators requesting BWC video for disciplinary purposes shall make a written request through the appropriate School Resource Officer (SRO). The SRO shall forward the request to the supervisor in charge of SRO's. That request shall then be forwarded to the Records Clerk who will be responsible for fulfilling the request. C. Any officer who responds to a call for service at a school shall use their camera in accordance with this policy. 229.05 Use of Video for Prosecution A. The officer's summary statement at the beginning of the incident report will indicate when BWC video has been created related to an incident. This will be done to assist the District Attorney's Office and City Attorney's Office in satisfying requirements under Wisconsin Law relative to discovery in felony and misdemeanor cases. B. The District Attorney/City Attorney shall contact the Evidence Custodian if a copy of a recording is needed for evidentiary purposes. C. Officers will retrieve and return video recordings for courtroom presentation or consultation with the District Attorney's Office/City Attorney's Office that are not kept by the court to Property and Evidence in accordance with Policy 142 Property Management. D. Officers shall not review Body Worn Camera recordings in preparation for testifying at preliminary hearings unless directed to do so by a district attorney. Otherwise, officers may elect to review Body Worn Camera recordings in preparation for testifying at motion hearings and all trials, unless directed not to do so by a district attorney. 229.06 Retention A. All video captured shall be retained online through Evidence.com until purging and deletion is approved by the Chief of Police or his/her designee. B. Body camera recordings shall be retained for a minimum of 120 days after the date of the recording and in accordance with the Department's Records Retention Program for a total of seven (7) years unless designated for further retention. C. Body worn camera data shall be retained until disposition of the investigation, case, or complaint if the data contained any of the following: 1. An encounter that included the use of force of any individual or actual or alleged physical injury to an individual. 2. An encounter that resulted in a custodial arrest. 3. A search during an authorized temporary questioning (Terry Stop) as provided under current law. 4. An encounter that included the use of force by a law enforcement officer, except if the use of force was the use of a firearm to dispatch an injured animal. 5. When a recording becomes evidentiary in nature, it shall be handled in accordance with this policy as outlined above. D. Retention beyond 120 days may be directed by a law enforcement officer or law enforcement agency, the Police and Fire Commission, a prosecutor, a defendant, or a court that determines that the data has evidentiary value in a prosecution. An entity making the request must submit a preservation order within 120 days after the incident. E. Body worn camera data used in a criminal, civil, or administrative hearing may not be destroyed except upon one of the following: 1. Final disposition, including appeals; 2. A determination from the court or hearing examiner that the body worn camera data are no longer needed; or 3. An order from the court or hearing examiner F. Body worn camera data may not be destroyed at any time after the receipt of an open records request except as provided by current law. 229.07 Security A. All recording media, images, and audio are the sole property of the Oshkosh Police Department and shall not be copied, released, or disseminated in any form or manner outside the parameters of this policy without the expressed written consent of the Chief of Police. Under no circumstances will any member of the Oshkosh Police Department make a personal copy of any recorded event without prior written permission of the Chief of Police or his designee. B. All open records requests related to body worn cameras and video created using body worn cameras shall be handled in accordance with OPD Policy 106 Release of Departmental Records Procedure. C. Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute in any manner any Department recordings without prior written authorization and approval of the Chief of Police or his designee. Deletion of any recording(s) or portions thereof is strictly prohibited. Exception to this is only permissible in the event of an accidental recording and must be submitted in memorandum form and approved by the Chief of Police in accordance with state record retention laws. D. The usage of any department issued camera, including the Evidence.com software while off -duty is strictly prohibited. E. Any request for information by anyone other than law enforcement personnel shall require an open records request pursuant to Wisconsin Open records law (written or verbal), subpoena duces tecum, or other legal request. F. Any law enforcement agency request for video shall be submitted in writing to the Office of the Chief of Police who shall approve or disapprove said request. G. The release of the material may necessitate the consultation of the City Attorney and/or the District Attorney. H. If recordings are evidence, they shall be handled in accordance with Policy 142 Property Management. I. Unauthorized use of recordings is prohibited. 229.08 Open Records Requests A. Records and Reports Clerks shall follow guidelines established in Police 106 — Release of Departmental Records Procedure and 2019 Wisconsin Act 108 regarding the release of body worn camera data. B. For the purposes of body worn camera data requests, the Oshkosh Police Department defines the following: 1. Sensitive crimes — Crimes which include child neglect, CHIPS cases, physical abuse of a child, elder abuse, juvenile death, juvenile crimes, runaways, sexual assault, domestic violence, prostitution, stalking and human trafficking. 2. Reasonable expectation of privacy — Individuals have a reasonable expectation of privacy in their own residence, hotel room in which they are the registered occupant, public restrooms, and public or private places specifically provided to ensure privacy. 229.08 Posting of Policy This policy shall be posted to the Oshkosh Police Department's website in order that it is available to be viewed by the public. 229.09 Review of Policy The PSD Lieutenant and the command staff will conduct an annual review of this policy to ensure the Department's body worn camera policy and practices comply with current state statutes.