In the event an immediate threat to the life or safety of a deputy or member of the public makes activating the BWC / ICVS impossible or dangerous, the user will activate the BWC / ICVS as soon as it is safe to do so. The BWC / ICVS does not need to be on when en-route to a call for service, but should be turned on shortly before approaching the scene.

Additional authorized users who arrive on scene and are equipped with BWC's will activate their BWC immediately, and begin recording the situation until the user leaves the scene.

Undercover Capacity

Authorized users who serve in an undercover capacity in a specialized assignment, or while working on an assigned task force, will refer to the governing policies and procedures for that specialized assignment. (C.R.S.§24-31-902(1)(a)(II)(C))

Detention Services Division

A POST certified or detentions certified deputy sheriff, regardless of rank, who is working in any location of the detention facility that has functioning video cameras, does not need to activate a BWC, except when performing a task that requires an anticipated use of force; including but not limited to:

A detentions employee who conducts an interview of an inmate within the detention facility, must keep the BWC activated at all times.

To preserve BWC battery life, detention assigned users will keep their BWC in "off-duty" mode until the need to activate the BWC is present.

Courthouse Security

Authorized users who are assigned within the courthouse will activate their BWCs for any circumstance that occurs at the courthouse or in a courtroom with a member of the public or inmate of the detention facility, where there is potential for law enforcement and/or criminal investigation, as well as during any other encounter that would not otherwise require recording yet becomes adversarial after the initial contact. In some instances, use of BWC's may be prohibited by judicial order or an order of the chief judge.

Criminal Investigations Division

Authorized users who are assigned within the Criminal Investigations Division, and/or who are conducting an interview in the sheriff's office CID interview room(s), are not required to activate their BWC, as the interview room(s) are equipped with functioning audio/video recording equipment. (ref. INVEST OPS 4-105 [LINK])

Automatic Activation and Recording of BWC/ICVS

Specific events will activate automatic recording of the BWC. Those events may include:

• removal of gun from holster with a connected sensor (detentions and court security excluded) 
  
• light bar / siren activation, with an open vehicle door
  
• entry into a designated geo-fencing area
• foot pursuit detection
• speed activation of over 75mph
• Traffic Unit emergency light activation
  

Specific events that occur will trigger automatic recording of the ICVS. Those events may include:

• light bar / siren activation
• entry into a designated geo-fencing area
• speed activation of over 75mph

Pausing / Terminating Video

Once the BWC / ICVS device is recording, it will remain on and recording until the incident has concluded. For the purposes of this policy, conclusion of an incident has occurred when an arrest has been made, defendants have been transported to the appropriate facility, and/or witnesses and victims have been interviewed.  The only exceptions to this policy are:

• to avoid recording personal information that is not case-related;
• when working on an unrelated assignment that has no investigative purpose;
• when there is a long break in the incident or contact; and
  
• during interactions that involve matters of national security or are determined to be of a secret or higher security level. 

During consensual encounters in locations where members of the public have a reasonable expectation of privacy, such as a residence, an authorized user may turn off/pause the BWC to avoid recording personal information that is not case related.

BWC's will be activated during arrests, whether pursuant to a warrant or otherwise, until the arrest is completed, to ensure the integrity of the recording.

Deliberative process conversations involving law enforcement, which are not participated in by citizens should not be audio recorded. These include, but are not limited to, discussion on charging decisions, comparing witness accounts, and administrative, tactical, and management discussions.
                   
Notification of Use
                   
BWC's should not be used surreptitiously. Whenever possible, authorized users wearing a BWC should notify any person(s) that they are being recorded by a body camera as close to the inception of the encounter as is reasonably possible.
                   
Reporting Requirements
                   
The BWC / ICVS is not a replacement for a written report.
                   
Authorized users will document the use of a BWC / ICVS in the appropriate report for their assignment (i.e. offense report, incident report (ARS and/or CMS), citation notes, investigative narrative, case notes, field interview card, call notes, etc.) prior to the end of their shift.

If during any interaction the BWC / ICVS was knowingly paused, muted, or terminated the user will document why the recording was paused, muted or terminated in their written report.

Anytime BWC / ICVS recordings are accessed or reviewed via the online storage platform a comment will be left noting who reviewed the footage and for what purpose. Appropriate review of BWC / ICVS recordings will comply with this policy and may include, but are not limited to:

• a review by the originating BWC /ICVS operator for the purposes of completing reports,
• employee review prior to making statements in administrative or criminal investigations,
• employee review of footage that was captured by another employee,
• investigatory staff review during the course of an integrity, administrative or criminal investigation,
• supervisory reviews of captured data by employees under their command, in accordance with this policy
• for completion of the annual administrative review, in accordance with this policy

Failure to Activate BWC / ICVS
                   
If an authorized user fails to activate or fails to re-activate his/her BWC / ICVS, or if the BWC / ICVS inadvertently fails to record the entire contact, or interrupts the recording, the authorized user will document why the recording was not made, was interrupted, or was terminated in their written report.
                   
If the BWC / ICVS malfunctioned during an incident, the user will document the fact in the report, and immediately report the malfunction to their shift supervisor, who will notify the video evidence technician.
                   
If any authorized user suspects that another authorized user intentionally failed to adhere to the recording or retention requirements contained in this policy, or intentionally interfered with the ability of a BWC / ICVS to accurately capture a recording, the authorized user will report it to a supervisor and the matter will be referred to the Internal Affairs Unit for a full investigation.
                   
Following an internal investigation, a Court ruling, or Administrative Law Judge finding, all substantiated allegations that a deputy intentionally failed to activate or tampered with a BWC or ICVS with the intent to conceal unlawful or inappropriate actions or obstruct justice, such findings must be reported to the POST Board using Reporting Form 13C. [LINK] (C.R.S.§24-31-902)
                   
BWC / ICVS Specifications
                   
Only sheriff's office issued BWC / ICVS's are permitted.
                   
Exigencies
                   
In exigent circumstances where a sheriff's office employee determines audio or video recording is crucial for the preservation of evidence and a BWC fails or is unavailable, a cell phone or other PDRD may be used to record such an event. All recordings are subject to the same requirements as those recordings made with approved BWC's. Upon complete submission of the recording into evidence, recordings on a department-issued cell phone or other PDRD will be deleted from the device.
                   
BWC Still Photography
                   
When not actively capturing video, in necessary circumstances, and when no other means are available, the BWC may be used to capture still-imagery of any crime scene or incident.

• To capture still imagery, the BWC will be removed from the holster. 
• All photos will be taken on the 'max' setting without using any "zoom" features.
 
• The BWC will allow five (5) photos to be taken before requiring them to be "Saved" and sent to the network for storage.          
  • If more than five (5) still photos are needed, re-open the camera (thus creating a new incident) and continue with taking additional photos.

Restrictions

Department issued BWC's will not be used to record personnel matters under any circumstances.

BWC's will not be used to gather intelligence information based on First Amendment protected speech, associations, or religion, or to record activity that is unrelated to a response to a call for service or a law enforcement or investigative encounter between an authorized user and a member of the public.

Authorized user will immediately discontinue use of a BWC in the following circumstances:

During authorized use of PDRD's and/or MDRS's, authorized users will not knowingly:

• attempt to erase, alter, reuse, modify, or tamper with any recording;
• record undercover officers or confidential informants during a known special operation;
• record a minor child, unless the video or voice recording is made during or as part of a law enforcement investigation, during or as a part of a forensic interview in a criminal or child protective services investigation, or as other consented to by the minor child's parent.  Authorized users may record on the ground of any public, private, or parochial, elementary, middle, or high or secondary school, so long as otherwise consistent with this policy. Such recording must be in accordance with JCSO PP 724 'Juveniles' [LINK];
• create digital recordings to gather intelligence information based on the First Amendment protected speech, associations, religion, or to record activity that is unrelated to a response to a call for service or a law enforcement or investigative encounter between an authorized user and a member of the public;
  
• allow civilians to review the recordings in the field (Note: individuals who want to view recordings may make a public records request. A copy may be provided in accordance with the Colorado Criminal Justice Records Act);
• record discussion with other employees about case tactics or strategy, either before enforcement action is taken or after the scene is stabilized;
• record a critical incident debriefing;
• record daily briefings;
• record while attending or testifying during civil or criminal court proceedings;
  
• record patients during medical treatment or psychological evaluations by a clinician or similar professional except:
  
  • to record the statements and physical conditions in the hospital setting of individuals relative to an on-going investigation and in accordance with the individual's rights; 
  • during times when all parties being visibly or audibly recorded are in a private room with consent for such recording;
    
  • while affecting an arrest;
    
  • while controlling a person through response to resistance techniques; or
    
  • any other circumstances that are extraordinary.

No images/recordings taken by any member in the course and scope of their duties may be used, printed, copied, scanned, emailed, posted, shared, reproduced, or distributed in any manner, unless for official law enforcement purposes, via the digital evidence technician and in accordance with this policy and State Law.

Review of Digital Evidence

Employees may review their BWC/ICVS captured data to aid in the completion of their report, when necessary, unless noted otherwise within this policy.

Circumstances when an authorized user is expressly prohibited from viewing the video file until after they have completed an initial report are as follows:

Review of Data Captured by Another Employee

Employees, excluding those assigned to the Internal Affairs Unit, Public Affairs Unit, Criminal Investigations Division, or serving in a supervisory capacity, are prohibited from accessing BWC/ICVS data recorded by another employee unless they have a legitimate and verified purpose and have obtained prior approval from a supervisor. Any review of data captured by another employee will be for the sole purpose of recalling incident details. This review must comply with any prohibitions outlined in this policy.

Investigating employees (Internal Affairs Unit, Public Affairs Unit, Criminal Investigations Division and agency supervisors) may review all digital media captured during an incident or event:

• to assist with the investigation and completion of reports;
• for training purposes;
• before testifying.

Investigative Reviews

Internal Affairs

Digital evidence that is subject to, or potentially evidence in, an internal integrity or administrative investigation will be reviewed by the Internal Affairs Unit during the process of their investigation. Only those sheriff's office members acting under their official duties will be permitted access to these recordings and/or images.

Criminal Investigation

Recordings that are subject to, or potentially evidence in, a criminal investigation will be reviewed by the assigned criminal case investigator during the course of their investigation. 

While reviewing digital media, if any authorized user is found to have failed to adhere to the recording or retention requirements contained in this policy or is found to have intentionally interfered with the ability of a BWC/ICVS to accurately capture a recording, the reviewer will refer the violation to the Internal Affairs Unit.  The Internal Affairs Unit will initiate a review in BlueTeam and forward it to the individual's supervisor for a full investigation.
                   
It is expected that progressive discipline will be employed on successive violations of this policy.
                   
Repairs, Inspections and Maintenance
                   
Authorized users utilizing a BWC will maintain the equipment per the manufacture's guidelines.
                   
Authorized users will inspect their BWC device and associated equipment for functionality at the beginning of their shift, or prior to going into service that may require enforcement action. This inspection will include a test video, in accordance with C.R.S.§24-31-902(1)(a)(III), to document the BWC is properly functioning.
                   
It is the responsibility of the authorized user to whom the equipment is issued to ensure the device is properly functioning. 

Any damage or malfunction will be immediately reported to the shift supervisor, who will secure a replacement device and initiate a repair order through the body worn camera video evidence technician.
                   
Audit of Recordings

The Internal Affairs Unit will inspect and/or audit random samplings of camera captured data/recordings to ensure compliance with agency policy and procedures. A minimum of ten (10) recordings will be reviewed each quarter. Documented audits will focus on the following areas:

• whether equipment is functioning properly;  
• whether employees are using the equipment as intended, and in line with policy;
  
• to identify any training needs.

Each year, the Internal Affairs Unit commander will conduct a documented annual administrative review of the in-car and/or body worn camera program. Results from the quarterly audits may be used in the review. The review will assess the alignment of policy, training and operational practices consistent with the agency's mission, vision, and values. The annual review will be submitted to the sheriff in accordance with annual reporting requirements outlined in JCSO PP 334. [LINK]

Storage, Retention and Release of Digital Evidence

All digital evidence captured during the scope of an authorized employee's duties, whether on department issued, assigned or personally owned devices, is the property of the Jefferson County Sheriff's Office.

Prior to the end of shift, or as soon as practicable based on circumstances or direction from division leadership, deputies will upload and classify their BWC videos into the approved storage software.

Digital evidence will not be altered, accessed, copied, edited or released without prior approval from the sheriff or designee, or as permitted by law.

Storage and Retention of Digital Evidence

All recordings/photographs will be coded as outlined below and kept in accordance with the approved Jefferson County Sheriff's Office Records Retention Schedule.

BWC / ICVS recordings will be categorized as follows:

Unintentional Recording

All videos that are recorded unintentionally (i.e. range days, securing a weapon at the end of shift, etc) will be classified as unintentional and will be automatically purged from the system after sixty (60) days. 

If a recording captures something of a personal or private nature (i.e. accidental recording while using the restroom), the employee who created the recording may code the recording as confidential, which will prompt a request for approval by a supervisor and the video evidence technician to restrict access to the recording so that viewing is restricted while the recording exists in the system. These recordings will be purged from the system after fourteen (14) days.

Non-Criminal/Non-Event

All recordings that generate a case report that are non-criminal in nature, (i.e. welfare checks, AOA with other agencies other than critical incidents, sex offender house checks that do not turn criminal) will be coded as 'non-criminal/non-event' and will be automatically purged after two (2) years.

Evidence

All recordings and photographs that are evidence in a criminal case will be coded as 'permanent' and will be purged from the system when the Evidence Vault disposes of other evidence related to the case.

Dissemination/Release of Digital Recordings

Recordings and photographs captured during the scope of authorized users duties, whether on department approved or unapproved privately owned devices, may be subject to release pursuant to the Colorado Criminal Justice Records Act.

In accordance with C.R.S.§24-31-902(2)(a), all instances in which there is a complaint filed by another peace officer, a civilian, or nonprofit organization, to the Internal Affairs Unit, claiming authorized user misconduct, the agency will release, upon request, all unedited video and audio recordings of the incident, including those from body-worn cameras, dash cameras, or otherwise collected through further investigation, to the public within twenty-one (21) days after the request for release has been received.

Exemptions from disclosure are the same as for any other departmental record.

The sheriff will designate the person or unit responsible for reviewing the digital evidence and determining whether any portion needs to be redacted prior to release. C.R.S§24-31-902(2)(b)(II)(A) will be adhered to relative to blurring of recordings in an effort to protect the substantial privacy interest while still allowing public release. 

The assessment of reasonable fees not to exceed actual costs, including but not limited to personnel and equipment, for the search, retrieval, and redaction of criminal justice records will be determined by the Records Unit manager.

Dissemination/release of digital evidence will be allowed only under the following circumstances:

• for criminal justice purposes;
• for training purposes, only when approved by a division chief;
• pursuant to a public records request;
• pursuant to subpoena or court order; and
  
• for actual or potential civil litigation.

-End of Document-