St. Johns County Sheriff's Office Body Worn Cameras Policy 41.41 PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Body Worn Cameras Policy 41.41 Effective Date: 11/18/2022 Amended Date: 03/01/2023 Reviewed Date: 06/15/2023 ACCREDITATION STANDARDS CALEA: 41.3.8 CFA: FCAC: FLA-TAC: FMJS: Discussion: This policy sets forth the guidelines for designated...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Body Worn Cameras Policy 41.41 Effective Date: 11/18/2022 Amended Date: 03/01/2023 Reviewed Date: 06/15/2023 ACCREDITATION STANDARDS CALEA: 41.3.8 CFA: FCAC: FLA-TAC: FMJS: Discussion: This policy sets forth the guidelines for designated agency personnel who are issued and utilize body worn cameras (BWC) and in-car video camera (FLEET) systems. It is the policy of the St. Johns County Sheriff’s Office to establish guidelines for the use and management of the BWC and FLEET system, to include the safety and security of agency personnel and the public. The primary purpose of the BWC and FLEET systems are to enhance officer safety as well as promote trust, accountability and transparency in the deputy’s interaction with other law enforcement members and the community during the course of their official duties. [41.3.8, a] DEFINITIONS Agency – Refers to St. Johns County Sheriff’s Office Body Worn Camera (BWC) – A portable system which captures audio and video recordings which is worn by designated personnel. The BWC enables the operator to begin and end the recording of an event, along with the ability to power the unit on and off. Body worn cameras provide approximately twelve (12) hours of recording ability. BWC’s are mounted on the upper torso of the deputy utilizing an approved mount. BWC Recording – The electronic recording of visual images, with or without audio. Buffering (Standby) Mode – When the BWC is powered on but not in event mode, the BWC is continually buffering for thirty (30) seconds of video only (no audio). The thirty (30) second video is only recorded when the BWC is placed into event mode. Cloud-based Storage – The online digital media storage facility stores digitally-encrypted data (photographs, audio and video recordings) securely. The digital recordings are accessible to authorized personnel based upon security clearance, and maintains an audit trail of all user activity. Critical Incident – Any work related event or situation that creates a significant risk of real or perceived harm to the physical or mental health, safety, or wellbeing of the employee. Body Worn Cameras 41.41 Page 1 of 12 Dock – The designated storage location where body worn cameras are recharged. While in the dock all recordings are automatically uploaded to the cloud-based storage. Event (Recording) Mode – The BWC record feature was activated and is capturing audio and video. The buffered video (no audio) will attach to the final recorded event as one file in the cloud-based storage. System Administrator – Designated personnel with access to all BWC systems, who assigns and tracks equipment, controls user login credentials, and is the liaison with BWC representatives. GENERAL [41.3.8, a].1 All law enforcement personnel holding the rank of lieutenant or below will be issued body worn cameras, with the exception of select members as determined by BWC system administrators..2 All users will be trained in the operation of the BWC and FLEET systems prior to having authorization to use them. All images and sounds recorded by a BWC or FLEET system are property of the agency and subject to public record..3 The BWC will be required to be worn by deputies who are issued the devices while wearing:  Class A uniform  Class B uniform  Class B utility uniform  Any tactical clothing that identifies them as law enforcement, including the outer carrier vest..4 The agency’s body worn camera (BWC) system is used to capture data which is stored in the designated cloud-based storage location. Once captured, these recordings are unable to be altered and are protected with multiple layers of encryption..5 The agency has adopted the use of BWC and FLEET systems to accomplish the following:  Enhance the safety and security of agency personnel [41.3.8, a]  Accurately document statements and events during the course of an incident / investigation  Enhance the operator’s ability to document and review statements or actions for both internal reporting requirements and courtroom preparation / presentation  Preserve visual and audio information for use in investigations  Provide impartial measurement of self-critique and field evaluation during training  Enhance public trust by preserving factual representations of deputy-citizen interactions in the form of video and audio recordings Body Worn Cameras 41.41 Page 2 of 12.6 The primary functions of the BWC system are for officer safety and to accurately document statements and events during the course of an incident..7 Data collected via the BWC may be used to determine the accuracy of a complaint made against agency personnel, but not as the sole source of the complaint..8 Any violation of this policy may result in discipline, up to termination, as outlined in policy 26.1 Standards of Professional/Personal Conduct. BWC ACTIVATION AND OPERATION [41.3.8, b].9 It is the responsibility of each deputy assigned a BWC to ensure the device is charged and operationally ready prior to the beginning of their tour of duty..10 Deputies who are assigned a BWC or FLEET system shall be required to activate their camera(s) prior to, or immediately upon any of the following circumstances. Furthermore, these are the only reasons for which a deputy is authorized to activate the BWC or FLEET system:  Arriving at the scene of any call for service, to include self-initiated / self-dispatched calls for service. This shall include arriving as a backup deputy whether dispatched and assigned to the call or not.  When responding to calls that require the deputy to engage in emergency vehicle operations which require the activation of emergency lights and siren (i.e. Code 3), the BWC shall be activated as soon as safely possible.  While transporting a citizen in the patrol vehicle, deputies will activate the BWC until the citizen contact has ended or the citizen has been transferred to the custody of the appropriate receiving facility  Performing law enforcement duties which will likely involve contact with community members outside of normal conversation.11 The deputy shall document the use of the BWC at the end of their general offense report..12 When a BWC is activated in Event Mode, the deputy shall ensure the device remains active for the entirety of the call for service..13 Activation of the BWC does not supersede officer safety. Due to the dynamic nature of daily law enforcement operations, it is understood that the camera may not be activated by the user at the appropriate time. If a camera is not activated immediately due to officer safety, the camera shall be activated by the deputy as soon as practical..14 Placing the BWC in a docking station will automatically upload recordings from the BWC and transfer the data to the cloud-based storage..15 Generally, all video recordings captured on the BWC should be uploaded at the end of the deputy’s shift. A deputy may delay the upload with a supervisor’s approval, however, the delay shall not extend beyond forty-eight (48) hours. Body Worn Cameras 41.41 Page 3 of 12.16 Deputies will save each BWC recording in the following format:  ID – the ID will be the assigned offense number, or if no offense number is assigned, the Computer Aided Dispatch (CAD) generated incident number  Title – Deputies will type a short title that describes the call they were on  Category – Deputies will select the appropriate dropdown category that most closely describes the call they were on. DEACTIVATION / MUTING OF BWCS [41.3.8, b].17 A deputy may deactivate their BWC when their law enforcement activity on a call for service has concluded..18 A deputy may deactivate their BWC for one or more of the following circumstances. In these cases, the deputy will audibly state one of the following situations prior to ending the recording:  Static Post – Utilized when on a prolonged post where the deputy is not in contact with any citizens or actively part of an investigation.  Conclusion of Citizen Contact – There is no longer the potential for an interaction with a community member. This occurs when the deputy leaves the scene or has returned to their vehicle unaccompanied by a community member. Examples of such could include: (1) Directing traffic at the scene of a crash (2) Holding a perimeter position on a stable crime scene (3) Large-scale incidents which could potentially capture many hours of footage without citizen contact (4) Securing/transporting evidence (5) While writing reports  Request for Unrecorded Statement – A community member has indicated they wish to provide case related information but does not want the interaction to be recorded for personal reasons (e.g., fear of retaliation, privacy concerns, etc.).  Support Deputy Assignment – occurs after a support deputy has been assigned to a subject deputy following a lethal force incident. Any deputy assigned as a support deputy and the subject deputy shall remove themselves from the area where citizen contact is likely and power off the BWC.  Per Supervisor – There are times a supervisor will determine the BWC recording is no longer needed for the assignment / call for service. In these situations, the supervisor can instruct the deputy to end the recording..19 A deputy shall activate their BWC again if the deactivation reasons no longer applies and further citizen contact is likely to occur. Body Worn Cameras 41.41 Page 4 of 12.20 The BWC has a mute feature which allows the audio to be muted while video is still being recorded. Prior to muting the BWC, the deputy will audibly state one of the following (in bold) as to the reason the device is being muted. The following are the only approved reasons for muting the BWC audio:  Legally Privileged Communication – F.S. Chapter 90 is taking place. This includes conversation between: (1) Deputy and legal counsel who represents the deputy or the agency’s interest (deputy’s attorney, agency General Counsel, State Attorney’s Office (SAO), United States Attorney’s Office) (2) Sexual Assault counselors and victims (3) Domestic Violence advocates and victims (4) Attorneys and clients (5) Doctors and patients  Supervisor Conference – Occurs when deputies and supervisors need to discuss strategic planning or tactics to be utilized on a call for service. Each deputy involved in the conference or in close proximity will mute their BWC. No member of the public can be present during the conference.  Unrelated Phone Conversation – Occurs when a phone call is received or placed by the deputy unrelated to the assigned call for service which required the activation of the BWC..21 After a deputy mutes their BWC, it is their responsibility to ensure they unmute their BWC prior to re-engagement with law enforcement activity. BWC PROHIBITIONS, ACTIONS, AND RESTRICTIONS [41.3.8, b].22 While inside any agency building, deputies shall turn their BWC completely off unless engaging with a person for bona fide law enforcement reasons. Deputies have the responsibility to activate buffering mode once they leave agency buildings..23 Unless conducting official law enforcement business which requires the operator to use the system, the BWC shall not be:  Used to record personal activity, on or off duty  Intentionally activated to record conversations of agency personnel without their knowledge during routine, non-law enforcement related activities  Used in places with a reasonable expectation of privacy exist, such as but not limited to: (1) Locker / Dressing Rooms (2) Restrooms (3) Medical Facilities (HIPAA violation).24 Deputies shall not intentionally utilize the BWC when in contact with undercover detectives or documented confidential informants. If a deputy captures an undercover detective or confidential informant on video with their BWC, the deputy shall notate such in the notes section associated with the BWC recording so appropriate video redactions can be made..25 No deputy or system administrator are authorized to make copies of any recording for personal use. Body Worn Cameras 41.41 Page 5 of 12.26 Users with access to the BWC system are prohibited from using a recording device (e.g., audio recorder, video camera, cell phone, etc.) to record media captured from the BWC system and share with others for any reason..27 Posting BWC recordings to social media or news media outlets is prohibited, unless authorization is given by the Sheriff or authorized designee..28 BWC operators are prohibited from sharing recordings with non-law enforcement personnel or civilians unless authorized by court order. BWC operators shall not ever allow citizens to review BWC footage at any time. All requests for footage must be sent through the Records Section and be distributed following public record laws..29 BWC operators will not use any other electronic device or other means in order to intentionally interfere with the capability of the BWC or FLEET system. Operators shall not erase, alter, reuse, modify, or tamper with any recording. System Administrators are the only authorized personnel who may make changes to the BWC system or any recordings..30 Each BWC is assigned and configured for use by the individually assigned deputy. Therefore, no deputy shall use a BWC not assigned to them. No supervisor shall order a deputy to utilize a BWC not assigned to them..31 Deputies are prohibited from viewing BWC recordings on other deputy’s BWC’s or another deputy’s BWC Evidence.com account. Body Worn Cameras 41.41 Page 6 of 12 INVESTIGATIVE USE OF THE BWC [41.3.8, c].32 Deputies may utilize the BWC to obtain statements, confessions, utterances, etc..33 Deputies are not required to notify anyone that their BWC’s are actively recording. If asked if the BWC is recording, deputies shall answer truthfully and, if relevant, shall explain that BWC recordings are redacted in accordance with public records laws prior to being released to the public..34 The Audio Recorded Statements SOP will be followed when collecting official recorded statements via the BWC..35 When a BWC operator obtains a video and audio statement from a witness, victim or suspect, the following procedure will apply:  Notate in the report or CAD notes the statement was recorded along with who was interviewed and their information.  When obtaining statements from victims or witnesses, the deputy must ensure the statement is sworn. Therefore, the deputy needs to affirm with the victim/witness through the raising of their hand and swearing to the veracity (truthfulness) of the statement as you would do in written statements. This should be done, when feasible, prior to the statement being given.  Place a marker for each separate interview done while the BWC is activated. This is useful for quickly locating statements after an incident in the cloud-based storage system..36 In all instances, the footage shall be submitted to the cloud-based storage and the details of the statement (or refusal of the statement) shall be fully documented in the general offense report..37 The use of an audio recorder for recorded statements in addition to the BWC capturing video and audio statements can be based on the deputy’s discretion and for redundancy purposes. Body Worn Cameras 41.41 Page 7 of 12 INTERNAL / ADMINISTRATIVE USE OF BWCS [41.3.8, c].38 Agency personnel assigned to Internal Affairs shall have access to all uploaded BWC and FLEET recordings. Members of these units shall only view BWC recordings related to a complaint, investigation or review they are conducting..39 Review of specific incidents contained on digital recordings may be conducted by an investigator who is assigned by the Sheriff or designee and participating in an official agency investigation of:  A citizen complaint  Internal investigation  Administrative inquiry  Criminal investigation.40 When a supervisor is made aware of serious misconduct potentially captured on the BWC that has not yet been docked and uploaded to the cloud-based storage, the supervisor shall:  Collect all BWC’s that potentially captured the misconduct,  Dock the BWC’s so that all saved BWC recordings can be uploaded, and  Request an administrative inquiry be conducted.41 When an incident arises that requires the immediate retrieval of the digital recording a supervisor will take possession of the deputy’s BWC device and provide it to a system administrator..42 Following a critical incident, the subject and witness deputy’s BWC device will be collected by assigned investigative personnel and a replacement shall be provided. Body Worn Cameras 41.41 Page 8 of 12 SUPERVISOR USE OF THE BWC [41.3.8, c].43 The shift watch commander will be required to review a minimum of five (5) BWC videos every two (2) weeks. These videos will be randomly selected by the watch commander for personnel assigned under their supervision. The purpose of this review is to ensure compliance with BWC training and policy, and to ensure BWC equipment is functioning properly. The watch commander reviewing the BWC shall place a note on the BWC recording indicating their purpose for the review. [41.3.8, g].44 Recordings shall not be randomly reviewed by a supervisor to monitor a deputy’s performance. The exception is for the deputy who has been placed on a personal improvement plan in order to address identified behavior or citizen and/or personnel complaints..45 A supervisor or authorized individual may review a specific BWC recording for the purpose of:  Quality Assurance  Positive Actions  Training  Critique  Early intervention inquires  Civil claims  Public Records Request  In response to a Citizen Complaint  Other legitimate reason..46 The person reviewing the BWC will place a note on the BWC recording as to the reason for their review..47 Supervisors shall review all available BWC recordings prior to reviewing or completing any BlueTeam entry. BlueTeam entries shall be completed and forwarded to Internal Affairs chain of command within ten (10) days of occurrence. Body Worn Cameras 41.41 Page 9 of 12 AGENCY REVIEW OF BWC MEDIA AND REPORTING.48 In accordance with F.S.S. 943.1718, agency personnel may review their own digital recordings for:  Case preparation  Training purposes  Prior to providing a statement regarding any event arising within the scope of their official duties..49 Deputies are permitted and encouraged to review their BWC recordings when completing written reports to ensure the accuracy and consistency of the incident documentation..50 Deputies shall not view other deputy’s BWC footage for the purpose of completing written reports, as the recorded perspective is not that of the deputy completing the report. BWC RECORDING RETENTION AND RELEASE [41.3.8, d].51 All recordings from the BWC and FLEET systems are considered official records and shall be retained in accordance with state and federal requirements and agency policy guidelines set forth in policy 82.6 Records Retention and Disposition..52 At the conclusion of a BWC recording, the deputy will classify the recording based on the disposition code. These classification categories correspond with the appropriate retention schedule..53 In cases where multiple classification categories could apply, the video with the longest retention period shall be selected..54 If a BWC recording is needed to be retained longer than the period associated with the classification tag, deputies will email [email protected] to request an extension..55 For cases not filed with the SAO (unknown suspects), BWC evidence will be held as follows:  Capital or life felonies - indefinitely  Kidnapping (if unsolved) - indefinitely  Missing persons (if unsolved) indefinitely.56 All felony cases, in which a guilty verdict is returned and the defendant is sentenced to state prison are subject to appeal and the evidence shall not be routinely disposed of. These cases must be reviewed on a case-by- case basis with the State Attorney’s Office prior to being purged..57 When not otherwise classified, BWC recordings will be held a minimum of ninety (90) days..58 Recorded evidence associated with any criminal incident will be treated as any other evidence including the collection, chain of custody, storage, distribution, and disposal. Body Worn Cameras 41.41 Page 10 of 12.59 As referenced in F.S.S. 119.071(L)(2), a BWC recording or any portion thereof, is confidential and exempt from public records laws F.S.S. 119.07(1) and s.24(a), Article 1 of the State Constitution if the recording:  Is taken within the interior of a private residence;  Is taken within the interior of a facility that offers health care, mental health care or social services; or  Is taken in a place that a reasonable person would expect to be private..60 BWC recordings that are considered confidential and exempt from public records per F.S.S Chapter 119 shall be redacted by Records and verified by a staff designee prior to being released to the public..61 Evidentiary copies of digital recording will be accessed and copied from the cloud-based storage by records personnel. INSPECTION AND MAINTENANCE [41.3.8, e].62 Inspection and general maintenance of the BWC and other equipment shall be the responsibility of the assigned deputy. BWC equipment shall be operated in accordance with the manufacturer’s recommended guidelines and agency training procedures..63 Prior to each shift, the deputy shall perform an inspection to ensure the BWC is performing in accordance with the manufacturer’s recommendations. Malfunctions / operational issues, damage, loss, or theft of BWCs must be immediately reported to the deputy’s supervisor or designee, and the System Administrator..64 A general offense report shall be completed in the event of a damaged, lost, or stolen BWC. A copy of the report shall be forwarded via chain of command to the System Administrator. Body Worn Cameras 41.41 Page 11 of 12 TRAINING [41.3.8, f].65 All BWC operators shall receive video and hands-on training prior to issuance and deployment of the system. The training will consist of policy and procedures applicable to the BWC and will include at a minimum:  Hardware operation, charging, docking, malfunctions, lost or damaged equipment, reporting improper recordings, and preparing and presenting digital evidence for court.  System Administrator training will include: categorization, data transfer procedures, data access, security and retention guidelines..66 Additional training will be administered anytime there are changes in technology, changes in applicable state statutes, or when other conditions necessitate updated training..67 System Administrators shall ensure operators, supervisors, and Criminal Investigations Division personnel possess view-only access to the recorded events for law enforcement purposes or other articulable reasons. ____________________ Robert A. Hardwick Sheriff Body Worn Cameras 41.41 Page 12 of 12