Sheriff's Policy Manual PDF

SHERIFF’S POLICY MANUAL 17.1 BODY WORN CAMERAS (BWC) A. Purpose: The purpose of this policy is to establish guidelines for the use, management, storage, and retrieval of body worn cameras (BWC) and video recordings. In addition, the p...

SHERIFF’S POLICY MANUAL 17.1 BODY WORN CAMERAS (BWC) A. Purpose: The purpose of this policy is to establish guidelines for the use, management, storage, and retrieval of body worn cameras (BWC) and video recordings. In addition, the purpose of using a BWC is to: 1. Enhance deputy safety. 2. Improve evidence collection. 3. Increase trust between the public and BSO. 4. Create transparency. 5. Increase subject compliance. 6. Reduce false claims or possible litigation involving deputy misconduct. 7. Reduce the need for Use of Force. 8. Identify possible training issues. B. General: 1. Only deputies who have been trained in the use of a BSO-issued BWC are permitted to wear BWC. 2. Deputies will comply with all procedures outlined in this policy including, but not limited to, recording protocols, downloading of video data, report writing, evidence handling, inspection, and maintenance of BWC. [CFA 17.13a] 3. All video recordings are the property of BSO. 4. BWC Placement: BWCs will only be mounted in the following ways: a. Above the navel, no more than six inches from the center point of the torso. Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 1 of 14  SHERIFF’S POLICY MANUAL b. Securely attached to the exterior front of the uniform with the lens of the camera facing forward and positioned without an obstructed view. 5. BWC Positions: Deputies will not intentionally position themselves or create an obstruction to minimize the BWC’s intended view. 6. Each BWC will be assigned and configured for use by an individual deputy. No deputy shall use a BWC not assigned to them and no supervisor shall issue or order a deputy to utilize a BWC not assigned to them. 7. The activation and deactivation of BWC will be documented in all incident reports, citations, field contact entries, Supervisor Use of Force Reviews, and any other administrative documents. The activation and deactivation of BWC will be documented in CAD notes when no other reports are generated. [CFA 13.17c] 8. BWC recordings are not a replacement for written reports. [CFA 13.17c] C. Recording Protocol: [CFA 17.13 b] 1. Power On/Off a. Deputies shall have their camera powered on (pre-record active) while on duty (including special details). b. Deputies shall never power off the camera while on duty, unless: i. Using the restroom. ii. Ordered by a Judge in a courtroom. iii. Discussing personal business with a doctor in a medical setting (i.e., workplace injury). iv. Discussing information with an attorney related to an Internal Affairs investigation. Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 2 of 14  SHERIFF’S POLICY MANUAL v. In the vicinity of a breath test instrument to include, but is not limited to, the D.U.I. Breath Testing Facility (B.A.T.), Mobile Command B.A.T. vehicle, and DUI Task Force vehicles. 2. Activation/Deactivation: [CFA 13.17c] a. Deputies will activate (initiate a recording) their BWC prior to initiating any investigative or enforcement activity to include: i. Vehicle Stops. ii. Pedestrian stops (to include deputy initiated consensual encounters). iii. Calls for service (to include responding to backup other employees). iv. Code 3 responses (to include vehicle pursuits). v. Foot pursuits. vi. Searches. vii. Arrests. viii. Prisoner transports (to include anyone detained, such as Baker/Marchman Act). ix. Use of Force. x. Crowd management and control. xi. Witness or victim interviews (See Exceptions). xii. Other investigative or enforcement activities where, in the deputy’s judgment, a video recording would assist in the investigation or prosecution of a crime or when Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 3 of 14  SHERIFF’S POLICY MANUAL a recording of an encounter would assist in documenting the incident for later investigation or review. b. Deputies will activate their BWC when contacts with other people become adversarial. c. Once activated, the BWC will not be powered off or deactivated until the incident/event is concluded or pursuant to an approved exception listed below. d. Deputies are encouraged to inform individuals that they are being recorded when feasible. Deputies should inform other public safety personnel of recording activations, as soon as it is safe to do so. Deputies, however, are not required to obtain consent from anyone when the deputy is engaged in an investigative or enforcement activity and is lawfully in the area where the recording takes place. For example, a deputy who lawfully enters a business or a residence shall record any investigative or enforcement activity, as set forth above, and is not required to obtain consent from members of the public who may also be present. e. Deputies are not required to initiate or cease recording of an event, situation, or circumstance solely at the demand of another person. f. Activation Exemptions: Activation of a BWC may not be required, may be delayed, or may be temporarily deactivated if the circumstances meet certain exceptions. If the exception is temporary in nature (e.g., while discussing enforcement options), the BWC will be reactivated once enforcement or investigative activity resumes. These circumstances include: i. Failing to take immediate action that would jeopardize the safety of the deputy or another person. The BWC shall be activated once it is safe to do so. ii. While performing non-investigative functions, Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 4 of 14  SHERIFF’S POLICY MANUAL including: (1) Report writing after the citizen/arrestee interaction has ended. (2) After the prisoner has been secured inside a holding cell in the District or Criminal Investigations Division Temporary Holding Facility. However, the required prisoner welfare checks will be recorded. (3) At Detention Intake Facilities, once the Detention staff has taken custody of the prisoner (new field arrest). (4) Once the transporting Detention Deputy has turned over custody of the prisoner to Facility staff or secured the prisoner in a holding cell and no further interaction with the prisoner will occur. (5) At medical facilities, once the Baker/Marchman Act patient has been turned over to medical staff and no further interaction with the patient will occur. (6) While guarding a prisoner at a medical facility and the prisoner has been secured. (7) Public Safety Statements, pursuant to BSO SPM CH 11.47. iii. When discussing investigative or enforcement options. However, the BWC shall not be deactivated for this purpose during the initial response and must be reactivated once enforcement or investigative activity resumes. Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 5 of 14  SHERIFF’S POLICY MANUAL iv. When conducting follow-up investigations. However, this will not apply to pre-planned enforcement activities (i.e., attempted apprehension of a suspect), arrests, or prisoner transports. v. When conducting surveillance. However, this will not apply to any enforcement activity resulting from the surveillance. vi. A witness or victim refuses to provide a statement if recorded and the encounter is non-confrontational. vii. In the deputy's judgment a recording would interfere with his or her ability to conduct an investigation, or may be inappropriate, because of the victim or witness's physical condition, emotional state, age, or other sensitive circumstances. 3. Deputies must fully document the reason for: a. Failing to activate the BWC prior to initiating a law enforcement or investigative contact when required. b. Failing to record the entire contact. c. Interrupting a recording for any reason. d. Any non-activation due to an exception per 17.1 C 2 f. 4. Prohibitions/Restrictions: [ CFA 17.13e] a. Deputies are prohibited from using privately-owned BWC while on duty. b. Deputies are prohibited from using BWC for any purpose other than their official duties. Deputies shall follow the activation/deactivation policy and not record other people without an official purpose. Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 6 of 14  SHERIFF’S POLICY MANUAL c. BWC shall not be activated when the deputy is in a location where there is a reasonable expectation of privacy (i.e., residence, restroom, dressing room, locker room, medical facility) and the deputy is not involved in an investigative or enforcement activity. d. BWC shall not be used to record undercover deputies or documented confidential informants. Should they be inadvertently recorded, the Deputy shall immediately notify the Digital Evidence Unit Supervisor. e. BWC shall not be used to record strip searches. f. BWC should not be activated when discussing strategic or tactical operations. g. BSO employees are not permitted to play back body worn camera recordings to allow members of the public to review the un-redacted video footage. h. Except in the course of official duties and with the approval of the Digital Evidence Unit (DEU) Supervisor, unless exigent circumstances exist, BSO employees will not provide access to, make copies of, and or disseminate any recording. The posting or dissemination of BWC footage to any media site, without prior written approval of the Undersheriff or designee is strictly prohibited. The Digital Evidence Unit shall be solely responsible to create approved and redacted copies for dissemination and/or download. i. BSO employees will not erase, copy, alter, reuse, modify, or tamper with any recording. The recording may only be deleted in accordance with State of Florida retention schedules by the Digital Evidence Unit. D. Downloading and Storage: [CFA 17.13d] 1. Deputies shall identify (O.S.S.I. formatted case number) and select all applicable categories (retention category) to all videos prior to docking. Identifying and categorizing is the electronic equivalent of Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 7 of 14  SHERIFF’S POLICY MANUAL documenting physical evidence on a property receipt and, therefore, must be done prior to docking. 2. Deputies shall dock their assigned BWC no later than the end of each shift unless exception is approved by a supervisor. 3. Recordings related to a criminal or administrative investigation will be treated as any other digital evidence. To ensure proper chain of custody, the BWC shall remain in the sole possession of the assigned deputy until docked, except as provided in 17.1 H (3). 4. The Digital Evidence Unit shall be responsible for maintaining the security of the downloaded video and for creating approved and redacted copies for dissemination and or download. a. The Digital Evidence Unit shall be responsible for sharing the appropriate evidence with the State Attorney’s Office, P.I.O., or other relevant entities. b. The Division of Internal Affairs shall be responsible for sharing appropriate evidence with the State Attorney’s Office, as related to their investigations. c. The Professional Standards Committee Director shall be responsible for sharing appropriate evidence with the Professional Standards Committee, Shooting Review Board, Administrative Appeals Board, Pursuit Review Board, and Crash Review Board, as related to their reviews. d. Public records requests involving BWC video as per the “Public Records Requests” section below. 5. In the event an arrest is made after the video has already been categorized and uploaded, the Deputy or Detective making the arrest shall immediately notify the Digital Evidence Unit of the change in status. The Digital Evidence Unit shall update the category and forward the evidence to the State Attorney’s Office. 6. All recordings will be minimally retained in accordance with the State of Florida General Records Retention Schedules. Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 8 of 14  SHERIFF’S POLICY MANUAL 7. In the case where a video needs to be retained longer, the requesting employee shall add the “retain” category and a note explaining the reason for additional retention. These videos shall be retained until the category is removed. This is in addition to the correct categorization, where applicable. 8. In the case of a recording that is unrelated to official duties, deputies will appropriately categorize the video and in addition will categorize the video “pending review.” 9. In the case of an accidental recording, deputies will categorize the video “test/training/accidental.” In addition, the deputy will identify the video as “test” in place of the case number. 10. In the case a documented confidential informant is recorded, Deputies will appropriately categorize the video and in addition will categorize the video “Rachel’s Law.” 11. In the case where a video will need administrative review, the video will be categorized as “administrative.” This is in addition to the correct categorization, where applicable. a. The Division of Internal Affairs will be responsible for adding the administrative category to cases involving Use of Force, complaints, lawsuits, and any other evidence they review or coordinate the review of (i.e. complaints assigned to another Command). The reviewing Command will be responsible for notifying the Division of Internal Affairs of any evidence requiring the addition of the administrative category. b. The Division of Risk Management will be responsible for notifying the Digital Evidence Unit of cases involving employee injury and any other incident where the evidence may need to be reviewed. Upon notification, the Digital Evidence Unit will be responsible for adding the administrative category. c. The Professional Standards Committee Director will be responsible for the administrative category to cases involving pursuit / failure to yield and employee involved Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 9 of 14  SHERIFF’S POLICY MANUAL crash. When sharing evidence, the Director will be responsible for adding the administrative category to any evidence not already appropriately categorized. 12. Public Records Requests: a. Public records requests for BWC video will be forwarded to the Digital Evidence Unit. b. The Digital Evidence Unit will identify the relevant video responsive to the public records request, verify with the investigating division if the video may be released, identify any statutory exemptions applicable to the video, and prepare the video for production to the party making the request. c. Upon completion of the request, the Digital Evidence Unit will provide a copy of the BWC video to the party initiating the request, and will include the statutory citations to any exemptions applicable to the video, as well as an invoice for any costs associated with duplicating the BWC video. d. If a records request is received for a video categorized as “pending review,” “Rachel’s Law,” or “administrative,” such request will be forwarded to the Digital Evidence Unit Supervisor. i. For public records requests, the Digital Evidence Unit Supervisor will review the video and determine whether the recording, or a portion thereof, is a public record and whether any exemptions apply. ii. If any portion of the request is found to be a public record, the public record portion of the video will be duplicated, and any exemptions identified will be redacted prior to production to the party making the request. Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 10 of 14  SHERIFF’S POLICY MANUAL iii. If the request is found not to be a public record, the Digital Evidence Unit Supervisor will notify the party that initiated the request. e. The Digital Evidence Unit shall add the “public record request” category to videos subject to a public records request to retain it for at least five (5) years after fulfillment. f. For internal requests, the Digital Evidence Unit Supervisor will review the video and determine whether the recording, or a portion thereof, may be shared. If the video or any portion cannot be shared, the Digital Evidence Unit Supervisor will inform the requestor of the status. E. Data Access and Review: 1. For Training Purposes: Training Division staff may review a specific recording for the purpose of group or directed personal training. However, prior to initiating any training, they must confirm with the Criminal Investigations Division and Internal Affairs Division that any associated criminal or administrative investigation has been resolved. 2. For Public Records Request: Evidence stored in Evidence.com will be handled by the DEU in accordance with Chapter 119 of the Florida Statutes. 3. For Administrative or Criminal Investigations: Review of incidents captured in a BWC recording will be made available to Criminal Investigations or Internal Affairs investigators. 4. For Report Writing, Court Preparation, and Investigations: Deputies may review relevant digital recordings for report writing, providing statements, training purposes, preparation for court appearances and investigations. This provision may not apply to a deputy’s inherent duty to immediately disclose information necessary to secure an active crime scene or identify suspects or witnesses. Employees will not be required to provide a statement or write a report until afforded the opportunity to view the video. Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 11 of 14  SHERIFF’S POLICY MANUAL 5. For Supervisor Review: See subsection 17.1H Supervisor Responsibility. 6. All requests for video captured at the Fort Lauderdale / Hollywood International Airport or Port Everglades Districts must be reviewed by the respective Command prior to dissemination to ensure that no security-sensitive information is released. F Equipment Inspection, Maintenance and Repair: [CFA 17.13a] 1. The deputy will visually inspect the camera at the beginning of each shift to ensure it is operationally ready. 2. Malfunctions, damage, loss or theft must immediately be reported to the deputy’s immediate supervisor and the Digital Evidence Unit, and documented on an Incident Report. 3. Malfunctioning or damaged equipment will be sent by the deputy to the Mobile Technology Support Center for repair or replacement. G. Training: All personnel assigned BWC must complete an agency approved training program to include: 1. Camera operation (power on/off and activation/deactivation). 2. Proper placement of the camera on the uniform. 3. BSO policy and relevant state and federal laws on camera usage. 4. Scenario-based exercises that replicate situations that deputies might encounter in the field. 5. Procedures for identifying, categorizing, and uploading recorded video. 6. Procedures for accessing and reviewing recorded video. 7. Procedures for documenting and reporting any malfunctioning device or supporting system. Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 12 of 14  SHERIFF’S POLICY MANUAL H. Supervisor Responsibility: 1. It is incumbent upon supervisors to ensure employees utilize the BWC in accordance with policy. 2. Supervisory review of BWC video is authorized for the following purposes only: a. Conducting administrative investigations. Supervisors shall review any portion of the video relevant to the incident. Supervisors shall document the relevant times of the review from the video on the appropriate administrative form. i. Supervisors shall review video involving Use of Force, Pursuit/Failure To Yield, Employee Crash, and Employee Injury. ii. Non-Documented Complaints: Prior to reviewing the video, supervisors shall document the review in the Digital Evidence Unit’s Supervisory Review Log. iii. Documented Complaints: Supervisors shall review video associated with assigned administrative investigations (i.e. Miscellaneous Citizen Contacts, Preliminary Investigative Inquiries, and Internal Affairs cases). b. Probationary evaluation. c. When the command is issued an Early Intervention Program (EIP) notice for the deputy. d. When the deputy is placed on a Notice of Improvement Needed plan (BSO A157). 3. At the scene of deputy-involved shootings, in-custody deaths, or serious bodily injury and the scene is deemed safe, supervisors will: a. Make personal contact with the subject Deputy Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 13 of 14  SHERIFF’S POLICY MANUAL b. State on camera “I (rank/name/C.C.N.) will be deactivating this camera due to the scene being deemed safe.” c. Deactivate and power off the camera. d Ensure the camera remains in place on the deputy until Crime Scene arrives to remove it. e. The Digital Evidence Unit Supervisor will respond to upload the video in the presence of a representative from the investigating unit. Reviewed: 07/19/2023 Revised: 02/26/2024 Rescinds: 08/09/2021 Effective: 03/21/2024 17.1 Page 14 of 14