The purpose of this policy is to establish responsibilities and procedures for the use of the Department-issued body worn camera (BWC) and the Digital Evidence Management System (DEMS) in the Los Angeles County Sheriff’s custody facilities. This policy incorporates by reference the Manual of Policy and Procedures (MPP) sections 3-06/200.00, “Body Worn Cameras” through section 3-06/200.75, “Public Release of Critical Incidents.” The provisions of this policy and the MPP both govern the use of BWC in the county’s custody facilities. To the extent there exists inconsistencies between the MPP and this policy, the provisions of this policy shall govern for BWC use in custodial facilities.
When feasible and safe to do so, custody personnel shall activate their BWC prior to initiating, or upon arrival at, any:
Custody personnel are not required to actively record when engaged in general observation or supervision over inmates (e.g., supervising recreation/yard, laundry room, clinic, pill call, or when distributing meals). They are also not required to actively record when receiving general inquiries from inmates or participating in conversations with inmates that are not related to recordable activities.
Custody personnel shall be sensitive to a medical patient's right to privacy. Custody personnel are not required to power off a BWC or stop actively recording when entering a clinic, medical room, or hospital. Custody personnel have the discretion to stop active recording on their BWC when they are inside patient-care areas where there is a reasonable expectation of privacy on a case-by-case basis unless an enforcement action is taken in these areas. In these circumstances, if not actively recording, custody personnel will keep their BWC powered on in standby mode.
Custody personnel are prohibited from intentionally recording inmates engaged in the following activities unless an enforcement action or a qualifying incident otherwise required by this policy occurs:
Custody personnel shall identify (tag) recordings with the “Category” and any applicable information (e.g. uniform report number [URN], reference number, booking number, etc.), with the following exceptions. Custody personnel are not required to manually tag videos for the following activities, unless they rise to an investigative or enforcement activity:
Department members involved in or witnessing non-categorized, Category 1, or Category 2 use of force incidents are permitted to review their BWC recordings prior to writing their report and, if deemed necessary by the handling supervisor, review other recordings in accordance with CDM section 7-07/000.00, “Use of Force Review Procedures” to ensure complete and accurate reports and documentation of the incident.
The accuracy of reports, Department member statements, and other official documentation is essential for the proper administration of justice and complying with the Department's obligation to maintain full and complete records of the enforcement and investigative activities. Investigators, supervisors, prosecutors, and other officials rely on complete and accurate records to perform their essential duties and responsibilities. Department members are encouraged to review BWC recordings on their assigned smartphone device or Department computer prior to documenting an enforcement or investigative activity to ensure their reports, statements, and documentation are as accurate and complete as possible.
If a Department member does not review the BWC recording before submitting a report, the member must document that fact in the report. If any portion of an enforcement or investigative contact resulting in an arrest was captured by BWC equipment, members shall identify the existence of a BWC recording in all reports.
Once authorized, the Department member shall have a right to review their BWC recording. Any other relevant video recording in possession of the Department, as deemed appropriate by the handling lieutenant, shall be viewed in accordance with CDM section 7-07/000.00, “Use of Force Review Procedures.”
A Department member may have an attorney or employee representative of their choosing present during the review of the BWC recording(s) without any investigator or supervisor present. The separation and monitoring of Department members involved in a shooting shall be maintained during the review of BWC recording(s) and such review shall not occur jointly among involved members.
Following a known Category 3 use of force incident, including deputy-involved shootings, the on-scene supervisor shall, once the scene is secured:
For in-custody deaths, the handling Homicide Bureau lieutenant will authorize the review of video by the involved Department member. For known Category 3 use of force incidents, the Internal Affairs Bureau (IAB) Force/Shooting Response Team lieutenant will authorize the review of video by the involved Department member.
During the first 90 days a member is assigned a BWC, following completion of training, unintentional deviations from policy and procedure in the use and deployment of a BWC will be considered training issues. During the transition period, Department members should receive non-documented counseling and training only. Performance log entries should not be generated. For employees trained to use the BWC in a patrol setting there will be a 30-day transition upon assignment to custody.
Note: This does not apply to willful or intentional acts to circumvent Department policy and procedure, such as intentionally not activating a BWC when required, intentionally de-activating a BWC prior to completion of an incident, or disabling or tampering with a BWC. Such acts will not be considered a training issue within the 90-day transition period.
Upon completion of the 30-day or 90-day transition period, Department members will be expected to be proficient in the use and deployment of the BWC. For corrective action after the transition period, unit commanders may use counseling, training, and performance log entries for unintentional deviations, in lieu of initiating an administrative investigation, unless an administrative investigation is deemed warranted due to the frequency of violations.