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As you know, since we started using body-worn cameras (BWCs), we are now collecting a lot more video than we were with in-car cameras. I

As you know, since we started using body-worn cameras (BWCs), we are now collecting a lot more video than we were with in-car cameras. I feel that it is important to amend our existing BWC policy to include a Quality Assurance Review (QAR) procedure whereby we require supervisors to do their due diligence in assessing officers' performance through both random QAR reviews and though selected reviews of high-risk/high-liability incidents that may not otherwise have related policy guidance for mandatory reviews of the video by supervisors (i.e., use of force incidents or upon a complaint are pretty much already covered). In my mind, I see a one or two-page assessment form that supervisors would need to complete when doing a QAR. We would also need to consider things such ashow many should we expect supervisors to do, how long do we retain QAR reports, what do we do when recognize deficiencies that might not come to a level of discipline, etc. Complete three things:

1. Amend the BWC policy by adding the QAR language. Note that when you amend a policy, the new policy will become 15-02A (replacing 15-02). New policies must be posted for a minimum of 30 daysshort of situations requiring immediate actions where I would place an executive order making the policy effective immediately, and I don't see that necessity here. So pick an effective date at least 30 days out from the date of your group's submission of the revised policy. 2.Build a draft list of items of basic things we would likely include in a QAR review form. That is say, what would we include in a QAR report form. You might search for other agencies. Draft a list of the group's thoughts and we will use that help facilitate the final development of the expected QAR report form. 3. Discuss your policy draft and the list of items you think should be included in the QAR report.

Here is the BWC policy:

15-02 1 Body-Worn Camera Use & Care ISSUE EFFECTIVE NUMBER DATE DATE 15-02 GENERAL ORDER 12-3-15 12-14-15 SUBJECT: BODY-WORN CAMERA USE AND CARE AMENDS: INDEX AS: RESCINDS: ACCREDITATION STANDARDS: I. PURPOSE The purpose of this policy is to establish procedures and guidelines for the Police Department regarding the care and use of Body-Worn Camera (BWC) equipment. II. POLICY It is the policy of the Police Department to equip officers with Body-Worn Cameras (BWC) for collecting video evidence to expedite the prosecution and adjudication of criminal cases, as well as to promote officer safety and accountability and provide corroboration of the officer's testimony. This policy establishes the procedures and guidelines regarding the care and use of Body-Worn Camera (BWC) equipment. III. CARE AND INSPECTION OF EQUIPMENT A. Inspection of Equipment 1. Prior to beginning a tour of duty, each officer shall inspect his/her assigned Body-Worn Camera (BWC) equipment for damage and/or functionality. B. Any deficiencies shall be reported immediately to a supervisor so that necessary repairs may be made. Care of Body-Worn Camera (BWC) equipment: 1. Officers are responsible for the Body-Worn Camera (BWC) equipment they are assigned. 2. Officers are expected to have their units charged and prepared for use at the beginning of their tour of duty. 3. The manufacturer's recommendations for care and maintenance shall be followed.

15-02 2 Body-Worn Camera Use & Care IV. OPERATING PROCEDURES Uniformed officers assigned a Body-Worn Camera (BWC) will wear them at all times while on duty in any type of uniform. Body-Worn Cameras (BWC) will be worn according to manufacturer's recommendations. Officers will make every reasonable effort to ensure that the Body-Worn Camera (BWC) recording equipment is capturing events by positioning and adjusting the Body-Worn Camera (BWC) to record the event. Officers are authorized to utilize body-worn video records during law enforcement events when the officer is a party to the conversation. A. It is the policy of this agency to record with audio and video the following incidents: 1. Absent unusual circumstances, the following events shall be recorded: a. Traffic stops from beginning to end b. Alarm calls (from arrival) c. Miranda warnings d. Contacts with juveniles e. Vehicle searches and/or inventories f. Acts of hostility or physical violence, when possible g. Any confrontational contact with a citizen/violator h. Any other incident that the officer reasonably believes may become an issue of some importance later. If in doubt, officers should record it. i. Other incidents the officer reasonably believes should be recorded for law enforcement purposes. B. The recording shall continue until the law enforcement event or citizen contact is completed and the citizen involved departs or until the officer who is recording the event with a Body- Worn Camera (BWC), discontinues his or her participation it he law enforcement event or citizen contact by leaving the scene. In the event an officer deems it necessary to stop recording, he/she will make a verbal statement of their intent to stop the recording and their reason. C. To facilitate quality assurance, if an officer does not record any of the above events, he/she shall articulate in an email to the shift supervisor prior to the end of his/her shift his/her reason(s) for not activating the Body-Worn Camera (BWC). This document shall be forwarded to the Office of Professional Standards. In addition, the document shall be retained by the shift supervisor. D. The officer should be sure to narrate those things that are detected that the camera may not be able to record (sights, smells, probable cause, etc.) E. If an event should be recorded and more than one officer equipped with a Body-Worn Camera (BWC) is present, each officer shall record. F. The Body-Worn Camera (BWC) systems shall not be used for non-official business, i.e. personal business or "horseplay."

15-02 3 Body-Worn Camera Use & Care V. ISSUES RELATED TO PRIVACY A. The Body-Worn Camera (BWC) should not be activated when the officer is on break or otherwise engaged in personal activities or when the officer is in a location where there is a reasonable expectation of privacy, such as a restroom or locker room. B. For safety and confidentiality reasons, encounters with undercover officers or confidential informants should not be recorded. C. Undercover contacts or plainclothes contacts are exempt from this policy where utilizing a camera may create a dangerous situation or otherwise diminish the investigative success of the operation. VI. USE OF BODY-WORN CAMERA (BWC) RECORDINGS AS EVIDENCE IN CRIMINAL/MOTOR VEHICLE PROSECUTIONS A. When an officer makes a recording of any action covered by this policy and an official document is generated, the officer shall note within the document that a video has been made. B. Where there is any indication that the Body-Worn Camera (BWC) may contain "Brady" material, (Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment or a defendant), that recording must be saved and turned over to the prosecutor assigned to the case. C. Citizens shall not be allowed to review recordings except: 1. As approved by the Chief of Police or his/her designee 2. Through the process of evidentiary discovery 3. And/or by proper public records request VII. DIGITAL STORAGE A. The original digital files from Body-Worn Cameras (BWCs) will be uploaded and storage in Evidence.com. Officers will upload video and audio files before the end of each shift. If circumstances exist that prevent upload, a supervisor approval for delay is required. B. Evidentiary and non-evidentiary video and audio records will be maintained at Evidence.com, in accordance with Kentucky Revised Statutes and/or the applicable records retention schedules established by the Kentucky State Archives and Records Commission after their creation. C. Unauthorized and/or attempted malicious destruction, editing or deletion or video and audio files is prohibited.

15-02 4 Body-Worn Camera Use & Care D. All digital video and audio files are subject to Open Records request as allowed by Kentucky law. Recordings that are the subject of a denied Open Records request must be maintained until the dispute between the agency and the person or entity requesting the recordings is resolved. E. Digital media from the Body-Worn Cameras (BWCs) shall be stored at Evidence.com with copy and distribution access limited to Evidence personnel and individuals designated by the Chief of Police. VIII. RETENTION SCHEDULE FOR BODY-WORN CAMERA (BWC) DIGITAL FILES Refer to current retention schedule according to Kentucky State Archives and Records Commission.

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