DENVER SHERIFF DEPARTMENT
Office of the Sheriff
 Department Order
1.00.3001
 Previous Revision:
March 2023		  Current Revision:
July 2023		  Reviewed:
June 2023
  Effective Date:
July 26th, 2023
Related Standards:
CALEA: 17.5.2; 41.3.8; 83.2.1
Colorado Law Enforcement Integrity Act
City and County of Denver General Records Retention Schedule
Related (referenced) Department Orders:
1.00.2006; 1.00.3004; 1.00.3011; 1.00.3013; 1.00.6000; 1.00.11003
 Subject:
BODY-WORN CAMERAS
  1. Purpose: <CALEA: 41.3.8>
    1. The body-worn camera (BWC) is an on-the-body audio and video recording system assigned as an additional means of documenting specific incidents in the field and in jail facilities. The purpose of this policy is to establish procedures related to the use, management, storage, retention, and retrieval of the data captured on the Denver Sheriff Department ("DSD" or "Department) issued BWC.
    2. Specific uses of the BWC include, but are not limited to, the following:
      1. mitigating potentially confrontational interactions with members of the public or suspects in custody through the presence of the BWC;
      2. documenting the initial response and subsequent actions of deputies during contacts outside of jail facilities and in jail facilities when performing a task that requires an anticipated use of force, including cell extractions, restraint chairs, and WRAP restraint device, to ensure accountability of all parties involved;
      3. preventing and resolving complaints made against deputies during the course of their official duties;
        facilitating training and performance feedback, ensuring the professionalism of all deputies in the Department; 
      4. ensuring compliance with DSD policy and applicable laws, including the Colorado Law Enforcement Integrity Act; and
      5. Capturing the behavior and demeanor of persons with whom deputies may interact and the behavior and demeanor of the deputies involved in the interactions. 
    3. Note: The Department recognizes that video footage captured by the BWC depicts the perspective of the video camera at the time of the incident and may not be the same as--or entirely capture--the deputy's perception of events. When evaluating whether the conduct of a deputy complies with Department policies and procedures, all available information, including, but not necessarily limited to: all available BWC footage, witness statements, and interviews must be considered.
  2. Definitions:
    1. "BWC System Administrator" means the Data and Technology Unit (TMU), which serves as the BWC system administrator. The TMU is responsible for maintaining the integrity and efficiency of the data management and file retention systems. The TMU is also responsible for ensuring BWC footage has been appropriately labeled when it is stored in Evidence.com and ensuring that BWC footage is stored and retained in compliance with this policy, Colorado law, and the City and County of Denver's retention requirements.
    2. "Buffering Mode" means the thirty (30) seconds of a continuous loop of video and audio recording that the BWC performs before the recording is started by the deputy. 
    3. “Contact” means an in-person interaction with an individual, whether or not the person is in a motor vehicle, initiated by a deputy, whether consensual or nonconsensual, for the purpose of enforcing the law or investigating possible violations of the law. “Contact” does not include routine interactions with the public at the point of entry to or exit from a controlled area, a non-investigatory and consensual interaction with a member of the public, interactions initiated by a member of the public, unless and until the interaction progresses into an investigation of a possible law violation, a motorist assist, undercover interactions, or routine interactions with persons detained in a jail or detention facility.
    4. "Event Mode" refers to when the EVENT button is activated, and the BWC saves the recorded buffered video while continuing to record both audio and video.
    5. "Evidence.com" refers to an online, cloud-based digital media storage repository. All media is stored in a highly secure environment, accessible only by authorized personnel.
    6. "Evidence Transfer Manager (ETM)" means the docking unit used to recharge and upload previously recorded audio and video (stored media) from the BWC. The ETM automatically transfers all stored media to Evidence.com.
    7. "Facilities" means the Downtown Detention Center (DDC), the Denver County Jail (COJL), and the Correctional Care Medical Facility (CCMF)).
  3. Policy:
    1. General:
      1. There are many situations where the activation of the BWC is appropriate and/or required. This policy is not intended to describe every possible circumstance.
      2. Deputies are expected to follow Departmental policies and procedures, existing law, and exercise good judgment when activating and deactivating a BWC.
        1. If a deputy fails to activate their assigned BWC as required by this policy and Colorado law, fails to record the entire incident or contact, otherwise interrupts the recording, or if there is a malfunction which results in non-recording of a part or all of the incident, the deputy shall document in writing the reasons why the recording was not made, was interrupted, or terminated. The written report shall be submitted to an on-duty supervisor.
        2. The failure to timely activate a BWC, even in exigent circumstances, may have significant legal consequences and may result in discipline.
        3. If exigent circumstances prevent a deputy from activating their BWC due to an imminent risk of serious bodily harm or death to the deputy who is wearing the BWC or others, the deputy shall activate the BWC at the first reasonably available opportunity to do so and, after the incident has concluded, the deputy shall document in writing the specific reason why the BWC could not be immediately activated. The issue of whether exigent circumstances existed and, if so, whether the exigency should factor into any disciplinary decision will be considered as part of any disciplinary decisions resulting from an internal investigation into the deputy’s conduct.
      3. The DSD shall assign BWC systems to all sworn members as BWCs become available.
    2. Required Activation Within Facilities: <CALEA: 41.3.8(b)>
      1. Deputies assigned BWC within facilities shall switch the BWC to BUFFERING mode while working a post within any facility.
      2. BUFFERING mode may only be deactivated when a deputy is off their assigned post or on a break.
      3. Deputies shall switch the BWC to EVENT mode:
        1. prior to interacting with any person in custody that may result in an anticipated use of force based upon the circumstances presented, including, but not necessarily limited to:
          1. the person's prior conduct;
          2. during an incident at the facility when de-escalation techniques are necessary;
          3. cell extractions; and
          4. the use of restraints.
        2. prior to executing any planned course of action;
        3. prior to responding to any incident that involves an inmate who appears to be experiencing a behavioral or mental health crisis, - (regardless of whether the deputy actually interacts with the person in custody or whether the deputy is directly involved in a use of force);
        4. when responding to or observing a potential suicide attempt or an incident involving serious bodily injury or death at the facility;
        5. prior to any search based on reasonable suspicion of a subject of the search has contraband;
        6. prior to any search of a cell or Facility based upon reasonable suspicion that any cell or any part of a Facility contains contraband;
        7. when information is obtained from an inmate related to a complaint or grievance;
        8. when performing searches of detainees in the intake sally port; 
        9. when escorting an inmate to/from an I-cell;
        10. when performing a cell search. 
    3. Required Activation Outside of Facilities:
      1. Under Colorado law and this policy, when working outside of facilities, all deputies shall wear and activate a BWC, by switching the BWC to EVENT mode, in the following circumstances:
        1. prior to making contact with someone for the purpose of enforcing the law or investigating a possible law violation;
        2. when responding to a call for service, including but not limited to when responding to provide cover (BWC should be activated prior to exiting vehicle);
        3. when entering into a premises for the purpose of enforcing the law or in response to a call for service;
        4. during a welfare check (except for a motorist assist);
        5. prior to contacting an in-custody party that may result in a use of force based upon an assessment of the circumstances observed by the deputy;
        6. during any incident where de-escalation attempts are necessary;
        7. during any arrest and pat-down search;
        8. shortly prior to arrival at a location to which the deputy is responding for the purposes of:
          1. attempting to make contact with any possible wanted party or suspect or in order to investigate a potential law violation;
          2. entering any building or enclosed structure to locate a wanted party;
          3. conducting a field interview to identify or locate a wanted party;
          4. during any act involving crowd control or civil unrest (BWC should be activated for the entire time the deputy is providing crowd control or responding to civil unrest);
        9. during any interaction with the public initiated by the deputy, whether consensual or nonconsensual, for the purpose of enforcing the law or investigating possible violations of the law;
        10. when responding to an incident involving SBI, death, use of a firearm, or a motor vehicle accident involving a DSD vehicle (upon arrival BWC should be activated for the duration of the incident);
        11. prior to or during any situation that the deputy believes the use of the BWC would be appropriate or would provide useful documentation. The BWC shall remain in the EVENT mode during the entire contact, incident, attempt to locate, or arrest of a wanted party.
      2. A BWC does not need to be on when en route to a call for service but should be turned on shortly before the vehicle the deputy is driving or in approaches the scene or if the deputy is on foot, prior to initiating contact with any individual.
      3. When a Denver Police officer arrives on scene for an incident and makes a request to deactivate a BWC, this shall be done. If the deputy has any question relative to this, they shall call their immediate supervisor for guidance prior to the deactivation.
    4. Deputies shall also switch their BWC to EVENT mode for the following:
      1. Writs of Restitution (Evictions):
        1. BWCs shall be placed in EVENT mode immediately prior to arrival at the location and remain in
          EVENT mode prior to initiating contact with anyone, including the tenant/resident.
          1. Posting of any notice and contact with individuals, including the tenant/resident, should be documented by BWC.
        2. BWCs shall remain in EVENT mode prior to any attempted secondary contact with the resident/tenant of the subject property.
        3. BWCs shall be activated and remain in EVENT mode on the day of eviction:
          1. immediately prior to arrival at the subject property and while the subject property is being secured by the deputy, including the cursory search of the subject property and contact is made with the defendant(s);
          2. if the initial contact gives reason to suggest the situation is argumentative or may escalate into a verbal or physical confrontation, the BWC shall remain in EVENT mode even after the contact is completed and until the eviction is completed, and the deputy clears the scene;
          3. during all contacts, including any argumentative/confrontational contact with the tenant, landlord/agent or their employees, or anyone else who may be present. The BWC shall remain in the EVENT mode and not be deactivated until the situation that caused the activation has concluded and the deputy clears the scene;
          4. while taking possession and inventory of weapons or any amount of cash; and
          5. during the final walk through prior to the premises being restored to the landlord or agent.
        4. The BWC may be left in EVENT mode for an entire eviction even after contact has concluded if the deputy deems it necessary and appropriate based upon the circumstances.
        5. For evictions involving the removal of mobile homes, the BWC shall be placed in EVENT mode immediately prior to arrival and remain in EVENT mode during:
          1. the posting of the writ of restitution and notice of judgment;
          2. any contact with any individual;
          3. service of the writ of restitution; and
          4. removal of the mobile home.
        6. The BWC may be left in EVENT mode for the entire eviction of mobile homes even after any contact has concluded if the deputy deems it necessary and appropriate based upon the circumstances.
      2. Vacated/Shared Residence:
        1. BWCs shall be placed in EVENT mode immediately prior to arrival and remain in EVENT mode while attempting service.
        2. BWCs shall remain in EVENT mode while the deputy is present to allow a reasonable amount of time for an individual to obtain their personal effects. The BWC shall not be deactivated until the individual has left the residence.
      3. Civil Protection Order:
        1. BWC shall be placed in EVENT mode immediately prior to any attempt to serve a subject of a civil protection order. The BWC shall remain activated until service of the order is complete and the deputy has left the service location or, when service is unsuccessful, the BWC shall remain activated until the deputy has left the service location.
        2. BWC shall be placed in EVENT mode and remain in EVENT mode immediately prior to and during the entirety of contact with the subject of a civil protection order.
      4. Child Pick Up Order or Warrant to Take Physical Custody of Child or Order for Forthwith Pick Up of Minor Child:
        1. BWCs shall be placed in EVENT mode immediately prior to arrival at the location and shall remain on until custody has been obtained, no additional contacts are made, and the entire incident has concluded, including delivering the child to the appropriate individual pursuant to the order of the court.
      5. Service of Process:
        1. BWCs shall be placed in EVENT mode immediately prior to arrival and shall remain in EVENT mode during attempted or actual service of process and for the entirety of any civil action that requires seizure of personal property.
      6. Behavioral and Mental Health Transports:
        1. BWCs shall be placed in EVENT mode immediately prior to arrival and shall remain
          in EVENT mode during all contacts and transport, including with any respondent or anyone the deputy suspects to be experiencing a behavioral or mental health crisis.
        2. The BWC shall not be deactivated until all contact has ended and the situation has concluded through transport, arrival, and handoff to medical or behavioral health personnel.
        3. To the extent that a deputy responds Code Ten (10) to an emergency call, the deputy’s BWC shall remain in EVENT mode during the entire response until the scene is cleared.
      7. Deputies are encouraged but not required to specifically notify the public or persons-in-custody that the BWC is in use. 
        1. Deputy discretion should be utilized and generally notification is favored over non-notification. If asked, the deputy shall also inform the person that the BWC is activated and they are being recorded.
      8. Deputies may switch a BWC from EVENT to BUFFERING mode or mute the audio, only under the following circumstances:
        1. to avoid recording personal information that is unrelated to a contact or incident;
        2. when working on an assignment unrelated to a contact or incident;
        3. when there is a long break in an incident and no contacts are being made;
        4. during tactical administrative, tactical, and management discussions when civilians are not present; and
        5. while working in a courtroom unless a use of force is anticipated, or remand required.
      9. Prior to switching to BUFFERING mode or muting the audio, the deputy shall verbally record on the BWC the reason for entering BUFFERING mode or muting the audio.
      10. As soon as the reason for entering BUFFERING mode or muting the audio has ended, the BWC shall be returned to EVENT mode and continue until completion of law enforcement contact, action, or transport.
      11. In addition to the situations identified where activation is required within and outside of facilities, the BWC may be placed in the EVENT mode in any situation that a deputy reasonably believes is necessary and appropriate so long as such recording is not specifically prohibited by this Department Order or applicable law.
      12. Once placed in EVENT mode, the BWC shall remain on until the incident, contact, or interaction with the public, pretrial detainee, or inmate that caused the activation has concluded, unless this policy requires the BWC to be placed in BUFFERING mode.
      13. For the purpose of this Department Order, the conclusion of an incident or interaction with the public occurs when a deputy terminates their law enforcement contact, action, or transport.
      14. When a BWC is placed in the EVENT mode, reasonable care should be taken to avoid capturing images from Mobile Data Access Terminals (MDAT), including information from the National Crime Information Center (NCIC) and the Colorado Crime Information Center (CCIC), as well as results of Denver County Court and State of Colorado Court data inquiries. 
    5. Restricted Use of the BWC System and/or Stored Media: <CALEA: 41.3.8(b)(d)>
      1. Deputies shall only use a BWC that has been approved and issued by the DSD.
      2. The use of personal video and/or audio recorders is prohibited.
      3. All audio, images, and media associated with the BWC are the property of the DSD.
      4. Deputies shall not copy, release, or disseminate any audio, images, or media--in any form or manner--without the expressed written consent of the Sheriff or their designee and as authorized by applicable law.
      5. Under no circumstances shall any employee of the DSD make a personal copy of any recorded event or release, or disseminate any recorded event to anyone unless expressly authorized to do so by the Sheriff or their designee.
      6. The Administrative Investigations Unit (AIU) may create a secondary copy of any BWC recording for purposes of determining whether a formal investigation is appropriate or when a formal investigation is initiated. Copies of any BWC recordings may be attached to the investigation case file. <CALEA: 41.3.8(c)>
      7. The BWC shall not be intentionally activated in places where a reasonable expectation of privacy exists (such as detox, medical, and/or healthcare facilities, locker rooms or restrooms, etc.) unless the activation is required by law or this policy.
        1. Deputies assigned to intake shall only activate their cameras in shower/dress area during an incident involving inmate non-compliance for which a use of force is anticipated due to the inmate's conduct. All reasonable efforts shall be made not to intentionally record as an inmate disrobes.
        2. Should a deputy BWC unintentionally capture an inmate in a state of undress, a supervisor must immediately be notified. Under such circumstances, the supervisor shall notify the TMU so additional protections may be placed on the video to ensure additional and appropriate restrictions on viewing and potential blurring of the video, when appropriate.
      8. Deputies shall only activate BWCs in patient areas of a health care facility and/or ambulances when the recording is for official law enforcement purposes or when the use of force or de-escalation is anticipated based upon the conduct of the individual contacted. Deputies should be aware of other patients' privacy and try to avoid recording them if possible. While working in a medical facility deputies shall keep their BWCs in the Off position until required by law or this policy to switch to EVENT mode.
      9. Deputies are not authorized to playback BWC recorded media for anyone, including for citizen viewing or viewing by other deputies.
      10. No personal use of the BWC is allowed.
  4. Deputy Responsibilities:
    1. Deputies shall not use the BWC system or Evidence.com until they have successfully completed training, including the Evidence.com orientation. <CALEA: 41.3.8(f)>
    2. Deputies must comply with the following when assigned a BWC: <CALEA: 17.5.2; 41.3.8(e)>
      1. Prior to the beginning of each shift/tour of duty, the deputy shall be responsible for testing and performing an inspection to ensure that the BWC has a properly charged battery and is functioning.
      2. BWCs are to be operated and maintained according to the manufacturer’s instructions and recommendations, Department training, Department policies and procedures, and applicable law. If a deputy has a BWC or equipment that is not functioning or appears to be damaged/broken, a supervisor shall immediately be notified. A deputy shall be provided with a replacement BWC by the on-duty watch commander or designee before they begin their shift or return to their assigned duties, if their assigned duties could place them in a situation where BWCs are required to be used pursuant to Colorado law or this policy.
      3. Any malfunctions of any issued BWC shall be immediately reported to an on-duty supervisor and to TMU and documented in writing.
      4. Suspected intentional damage, loss, or theft of any issued BWC shall be immediately reported to an on-duty supervisor and documented in writing. The supervisor shall also be responsible for notifying AIU and TMU as soon as possible.
      5. Prior to use, deputies shall properly affix their assigned BWC to their most outer uniform pursuant to Department policies and training. The BWC will only be mounted on the officer’s uniform with Department approved mounts. An operational BWC must be worn for the entire shift.
        1. Any modification to the BWC unit or the mounting device is prohibited.
        2. Each deputy shall ensure that their camera is positioned correctly on their person and verify the camera position by use of the viewer at the beginning of their shift.
        3. Under Colorado law, BWCs must be provided to all deputies by July 1, 2023. Prior to July 1, 2023, any deputy who has been assigned a BWC is required to activate their BWC as set forth in this policy.
        4. A BWC must not be intentionally blocked by clothing or any other means.
        5. If a BWC falls off or is knocked off during a contact or other type of encounter, including during a use of force, such that an incident is unintentionally not recorded, the deputy shall report what occurred to an on-duty supervisor as soon as reasonably possible. The deputy shall also specifically explain what occurred as part of a written report completed after the incident.
        6. If it is determined that the BWC fell off or was knocked off through no fault of the deputy (meaning that the failure to record the incident was not intentional and the BWC was positioned correctly by using the mounting device), such fact may be considered as a mitigating factor when determining whether the deputy should be subject to discipline.
      6. To record all situations required by this policy and Colorado law, deputies must maintain the BWC in a constant state of operational readiness. Unless specifically provided otherwise by this policy, operational readiness means that the BWC has adequate battery life/available storage, remains properly affixed to the deputy's uniform and is set to BUFFERING mode.
      7. Should a deputy’s assigned BWC run out of battery life during their assigned shift, a supervisor shall be immediately notified. The supervisor shall ensure that the deputy is given another operational BWC to complete their shift. If another BWC is not available, until the deputy’s assigned BWC is charged and operational, the deputy shall be relieved from any assignment in which the deputy might be required to record an incident under this policy or Colorado law.
    3. Deputies shall document the use of their BWC in all written reporting, including within the first lines of written reports included in the JMS. A deputy should also specifically note any concerns with the BWC, in writing, including whether there was a malfunction (and what that malfunction was), whether the battery was drained and did not record or only partially recorded the event, or if BWC fell off or was knocked off through circumstances beyond the deputy's control.
      1. Example 1: ***BWC footage captured and retained.***
      2. Example 2: ***BWC was activated and was recording at the time of the incident, but it did not record the incident because it fell off during a struggle with inmate.***
      3. Example 3: ***BWC battery ran out and Sergeant _____ was notified, but required that I remain on the floor due to short staffing.***
    4. Subject to the following exception, deputies are authorized to review their own BWC recording when preparing written reports to ensure report accuracy. Deputies may only review recordings from their assigned BWC for the purpose of report writing and shall not review BWC footage from any other BWC.
      1. If the deputy is involved in, witness to, or present for an incident resulting in death or serious bodily injury, a deputy shall not review their BWC recording unless and until receiving the approval of the commander of the Major Crimes Division (or designee) of the Denver Police Department (DPD) or the ranking officer of an outside law enforcement agency responsible for investigating the incident.
      2. Such approval must be provided in writing and kept as part of the investigation file.
    5. Prior to going off-duty, deputies shall place their BWC into the ETM so that all recorded evidence can be downloaded and documented. Alternatively, this can also be accomplished using the Axon View XL or Evidence.com applications on any Department computer utilizing their issued BWC downloading cord. By July 1, 2023, all deputies shall be assigned a BWC charging cord and external battery secondary charging and downloading.
    6. If time permits, prior to the conclusion of their shift, after BWC video has downloaded, deputies shall appropriately tag each recorded video unless one of the following exceptions to the tagging requirement apply:                                 
      1. Searches of persons in the intake sally port occur without incident;
      2. Inmates escorts to an I-cell, Medical Unit, or suicide watch cell occur without incident.
      3. Due to the number of videos taken related to searches in the intake sally port and when escorting an inmate to/from an I-cell, the Medical Unit, or a suicide watch cell, neither deputies nor their supervisors will be required to tag BWC video taken of these specific types of searches or escorts, unless the video captures or is a part of an incident such as a use of force, the need to use de-escalation techniques, etc.
    7. BWC video shall be tagged with the appropriate information included the appropriate field after the video is downloaded. The tagging format is as follows:
      1. Title section - JMS incident number, CAD or civil action / case number, or address (if external) of incident
        for evictions, vacates (vacated/shared residence), civil protection, child pick up order, service of process mental health pickups, include in title section:
        1. Address
        2. Action—such as posting, attempt contact, service, removal of mobile home
        3. Case number
          (e.g., 1521 Elm Street – Posting -- Case Number)
        4. ID section - Deputies Badge number (s91xxx)
      2. Category section - when tagging video, deputies shall select at least one of the following categories from the drop-down menu that accurately reflect the incident type. When tagging, deputies shall use as many categories as appropriate to the situation recorded:
        1. Planned Course of Action (facilities)
        2. Arrest and/or pat down search (outside facilities)
        3. Use of Force - Inside facilities (including location, i.e., DDC, COJL, CCMF)
        4. Use of Force - Outside Jail Facilities (including address or nearest intersection/business)
        5. SBI/Death in Custody (no force used)
        6. Offense in Custody - OIC
        7. Eviction
        8. Vacates: Attempt of Service, Service (use only for vacated/shared residence)
        9. Civil Protection Order (attempt of service, service)
        10. Child Pick Up Order (attempt of service, service, attempt of removal, removal)
        11. Service of Process
        12. Mental Health Pick Ups (attempt pick up, transportation)
        13. Entry/Forced Entry
        14. Warrant Detail
        15. Building Search (outside facilities)
        16. Facility or Cell Search
        17. Crowd Control/Civil Unrest
        18. CIU Investigation
        19. Gang Unit
        20. Fugitive Unit
        21. PREA Notification or Investigation
        22. Grievance Interview (inmate)
        23. OIC Hearings
        24. Inmate interview (not grievance or PREA related)
        25. ERU event
        26. Assist Other Agency
        27. Suicide/Suicide Attempt
        28. Escort to/from I-Cell (Only incidents must be tagged. No tagging required if escort was made without incident.)
        29. FIO (For Information Only)
        30. Other (only use when no other category section is appropriate)
    8. The BWC shall not be removed from the ETM until the media has been fully uploaded unless authorized by a supervisor.
    9. If a deputy’s BWC video has not completely downloaded prior to the end of the deputy’s shift, the following shall occur:
      1. The involved deputy shall alert their supervisor and for any incidents involving a use of force a supervisor shall be responsible for tagging the video and ensuring that the BWC is connected to the JMS incident number. See section 5, "Supervisor Responsibilities".
      2. For any other matters, except for intake sally port searches without incident and escorts to I-cells without incident, which are not required to be tagged by a deputy or their supervisor, the deputy shall be responsible for ensuring that the BWC is tagged prior to the conclusion of their next scheduled shift. However, if the deputy is scheduled for time off or is not scheduled to return to work for more than 48-hours, the deputy shall notify the on-duty supervisor and the on-duty supervisor shall work with the captain or facility major to determine who will be responsible for tagging the deputy’s BWC video once it is uploaded.
      3. Except as specifically set forth in the policy, under no circumstances should any BWC video be left untagged for more than 72-hours and supervisors are responsible for ensuring that all BWC video required to be tagged by this policy is tagged. See section 5, "Supervisor Responsibilities."
    10. Deputies who fail to download or tag video footage on Evidence.com as set forth in this Department Order may be subject to discipline.
    11. If the circumstances presented an imminent situation in which a deputy did not have time to activate their BWC and the failure to record was unintentional due to such circumstances, the specific circumstances the deputy believes precluded turning on the BWC must be noted in a written report in as much detail as possible. Such information will be taken into consideration when determining whether a deputy should be disciplined for the failure to activate the BWC as required by this policy and applicable law.
  5. Supervisor Responsibilities:
    1. Supervisors shall not use the BWC system or Evidence.com until they have successfully completed training, including the Evidence.com orientation. <CALEA: 41.3.8(f)>
    2. Supervisors shall ensure that deputies are equipped and prepared for duty with their assigned BWC, charging cable, and battery pack at the beginning of their shift and are using the BWC in accordance with Departmental policy and procedures, including that it is properly affixed to the deputy's uniform through the use of Department issued mounts.
    3. For all planned courses of action, in addition to BWC activation required by this policy, supervisors shall ensure that a handheld video camera is also utilized and the recorded video from the handheld video camera is uploaded to evidence.com with appropriate tagging.
    4. All supervisors shall have access to view BWC media in Evidence.com for the deputies designated to their respective assignments. All viewing of BWC media in Evidence.com is documented in an audit trail.
    5. When reviewing use of force incident reports generated on their shift, sergeants shall ensure BWC video(s) they review for any sworn personnel who used force or were present during the use of force is properly tagged, referencing the use of force in the JMS. Should the sergeant not be able to reasonably complete their review of all BWC footage for deputies who were present as part of the use of force, the sergeant shall note why certain BWC footage was not reviewed and the responsible captain shall be notified immediately. Upon such notification, the captain shall be responsible for ensuring all video, including BWC footage, has been tagged and is appropriately referencing the use of force event using the JMS incident number. To the extent determined by the captain to be necessary, the captain may review any remaining videos to ensure all relevant information has been considered as part of the use of force review.
    6. No supervisor shall allow BWC video of which they are aware and is required per this policy to be tagged to be left untagged for more than 72-hours.
    7. Should a supervisor determine that a deputy, sergeant or captain has failed to appropriately tag BWC video on more than one occasion, in addition to determining what further response may be appropriate, the supervisor shall make arrangements with the Training Academy for the staff member to be required to complete additional training regarding the use of the BWC. The facility major shall also be notified.
    8. Majors who receive notification from TMU that BWC footage has not been appropriately tagged shall ensure that the responsible supervisor speaks to the involved staff member and that specific action is taken to remediate the failure and ensure that appropriate BWC video tagging occurs in the future including, when appropriate, progressive discipline. All actions taken by supervisors must be recorded in writing and, when appropriate, documented and addressed in the subordinate’s performance evaluation.
    9. Supervisors shall periodically inspect issued BWC equipment assigned to deputies to ensure proper operation per testing protocols provided through training.
    10. Upon being informed that a deputy's BWC equipment is lost, damaged, or malfunctioning, an on-duty supervisor shall ensure that such BWC equipment is inspected and repaired or replaced, as necessary, to the extent practicable. If the supervisor is unable to deploy the BWC, the TMU shall be notified.
    11. When an incident arises that requires the immediate retrieval of BWC media for chain-of-custody purposes, including, but not limited to, deputy involved shootings and incidents involving SBI or death, a supervisor shall respond to the scene and ensure the BWC remains unaltered and affixed to the deputy until it has been obtained and secured by the lead investigator or designee responding to the incident scene.
    12. Supervisors shall be required to review BWC media under the following circumstances and/or when the following reports are generated: <CALEA: 41.3.8(g)>
      1. use of force;
      2. injury while in custody and injury prior to arrest;
      3. reported forced entry incident;
      4. investigation of a specific act of deputy conduct;
      5. when the deputy has been placed on a performance improvement plan to address identified behavioral or performance deficiencies; and
      6. to conduct a periodic review—at least one or two times per month—for the purpose of commending or counseling deputies under the supervisor's direct supervision (as indicated in Workday). Written documentation related to periodic reviews shall be kept in the supervisor's file and the deputy's personnel file. No information regarding a periodic review shall be included in ATIMS/JMS system.
        1. When periodic review is being completed for this purpose, at least two BWC videos for each deputy under the supervisor’s direct supervision (as indicated in Workday) shall be reviewed.
        2. The supervisor shall also prepare a monthly written report for the Facility captain and major, which includes the identification of each deputy whose BWC was reviewed, the dates and times of such review, a synopsis of the BWC footage reviewed, and what action was taken by the supervisor based upon such review. The Facility captain and major shall ensure that they monthly reports are kept for at least one (1) year.
        3. All commendations and counseling shall be recorded in the deputy’s personnel file.
        4. At the beginning of each month, for staff who are transferred in Workday to a new supervisor, it shall be the new supervisor’s responsibility to conduct the periodic review for the newly transferred staff member. If a staff member is transferred prior to the conclusion of the month, it shall be the former supervisor’s responsibility to conduct the periodic review for the deputy who was transferred.
        5. If the supervisor believes the BWC video reviewed has no value, the reviewing supervisor shall document in writing the reason why and the circumstances as part of the written periodic review.
    13. This policy does not limit or restrict the Department’s ability to review BWC as part of an official investigation.
    14. Supervisors or other persons designated by the Sheriff may also periodically review issued BWC recordings in accordance with this Department Order, as well as reports generated as a result of:
      1. ensuring BWC equipment is operating properly; and
      2. system auditing and tagging review and evaluation by TMU.
    15. All failures to follow Department policies and procedures and applicable law shall be immediately reported by the reviewing supervisor or other persons designated by the Sheriff to the AIU.
    16. Any supervisor who fails to tag use of force BWC video or who fails to follow this policy, including ensuring deputies under their supervisor comply with the terms of this policy, will be subject to discipline.
  6. BWC System Administrator Responsibilities:
    1. The TMU shall be responsible for:
      1. ensuring that deputies are trained in the use of the BWC system, including Evidence.com and equipment prior to BWC issuance;
      2. ensuring that the BWCs are available for all deputies prior to July 1, 2023, that the BWC equipment provided meets the standards and requirements of the DSD and the Department of Safety and appropriate departmental mounts have been provided to each deputy in addition to a charging cord and battery pack for secondary charging when necessary;
      3. The TMU will be responsible for ensuring BWC media of searches without incident in sally port or escorts of inmates to/from an I-cells without incident are retained for at least 60-days. TMU shall be responsible for implementing a procedure to locate such untagged videos when requested or a compliant about a sally port search or I-cell escort is made within the 60-day retention period;
      4. TMU shall ensure at least one or two employees of the TMU review Evidence.com on a daily basis (excluding weekends and holidays) to ensure all BWC recordings attached to an ATIMs report are uploaded and properly tagged as required by this policy. Should BWC video be found in Evidence.com that has not been appropriately tagged, the following shall occur: 
        1. The deputy who recorded the video shall be notified by email of the need to tag the video along with the facility major. 
        2. If after 72 hours has passed (excluding weekends and holidays), the video is not properly tagged, TMU shall be responsible for ensuring that the BWC footage has been appropriately tagged and shall follow up with the facility major noting that the video was not tagged after notification was provided
      5. The TMU shall also ensure that Evidence.com is reviewed on a daily basis to identify videos which do not require tagging per this policy. 
        1. This will require TMU to: 
          1. confirm the identities of the deputies who were assigned to work in intake each day, the duration of their shifts in intake and review the daily use of force report 
          2. confirm if there were any incidents in the sally port or during escorts to I-cells which would have required the video to be tagged (if such videos are found, TMU shall follow the process in subsection 4 above.) 
        2. TMU shall ensure that all video which was video which was not required to be tagged shall be stored in evidence.com for no less than 60-days. The untagged video should be stored in a manner such that TMU is reasonably able to locate untagged videos upon request. 
        3. Should TMU not be able to reasonably determine whether a video should have been tagged, TMU shall contact the facility major to have the video at issue tagged by the deputy who took the video or their supervisor. It shall be the responsibility of the facility major to ensure such tagging takes place and the TMU shall follow up with the facility major to ensure this occurs. 
        4. TMU shall also complete a report at the end of each month confirming the number of videos that were not required to be tagged per policy and the report shall be provided directly to the Sheriff and Division Chief.
      6. providing administrative support with regard to the BWC system;
      7. assisting in data collection reporting, which includes, but may not be limited to, reporting required by Colorado law, monthly usage audits, video storage audits, viewing audits, and other audits as requested;
      8. providing technical support for malfunctioning BWC equipment;
      9. facilitating all warranty repairs with the vendor; and
      10. designating an employee in the unit to act as the data steward for legal hold notices from the City Attorney’s Office. When a legal hold notice is received, the data steward shall apply the Legal Hold category to all files in Evidence.com subject to the legal hold.
        1. The Legal Hold category shall not be removed until a legal hold release notice for the subject files has been received from the City Attorney’s Office.
        2. If the TMU employee designated as the data steward leaves the TMU or will be on extended leave, the supervisor of the TMU shall designate another employee to act as the data steward and contact the City Attorney’s Office Civil Litigation Section to advise of the change in data stewards.
    2. TMU shall keep of log of the number of times a deputy or supervisor failed to ensure BWC video was appropriately tagged as required by this policy.
    3. TMU shall provide a written report documenting any BWC video concerns, including timely downloading tagging to all majors and captains on a monthly basis.
  7. Data Management and File Retention: <CALEA: 41.3.8(d); 83.2.1>
    1. All recorded BWC video shall be uploaded and retained in Evidence.com in accordance with the current retention schedule and any issued litigation holds.
    2. The retention of all BWC video shall comply with all applicable State of Colorado statutory requirements regarding criminal justice record management and evidence retention and, unless subject to a legal hold, such retention shall be based upon the current City and County of Denver ("CCD" or the "City") General Records Retention Schedule.
    3. All BWC video shall be retained and purged from the system in accordance with the current retention schedule unless the BWC is the subject of a legal hold. Refer to Department Order 1.00.11003 - Records Retention and Destruction.
    4. Any BWC video placed on legal hold shall be retained until the hold is released by the City Attorney's Office, even if the regular retention period has otherwise elapsed.
  8. Authorized Review and Disclosure:
    1. Access to all BWC stored media shall be restricted to TMU and authorized users determined by the Sheriff or their designee and the viewing of any BWC footage shall be restricted to legitimate law enforcement or administrative purposes.
      1. BWC recordings shall not be reviewed by anyone outside of the involved deputy’s chain of command except as outlined in this policy. Any other review (video and/or audio) of BWC recordings must have prior approval from the Sheriff (or designee).
      2. BWC recordings shall not be accessed for personal gain or entertainment.
    2. Any request for BWC media made from outside the DSD, including, but not limited to, other law enforcement agencies, the District or City Attorney’s Office, and/or any City agency, shall comply with both the records disclosure and records management policies of the Department.
  9. Effective Date: This order will become effective on July 26th, 2023.
  10. Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.