SEPTA Transit Police Department Service, Integrity, and True Professionalism Directive 620. Body Worn Camera Program 620.1 Body Worn Camera (BWC) equipment provides audio and video recording of contacts with police officers. The purpose of the BWC program is to give the Transit Police an additional tool to serve its primary function of protecting the safety and civil liberties of individuals. BWCs will be used to capture an event in real time in order to assist in verifying whether an individual’s Constitutional Rights are protected, document evidence seizures, deter misconduct by police/public and serve as a useful training and management tool. POLICY: 620.2.1 620.3 Total Pages: 6 PURPOSE: 620.1.1 620.2 1/1/2016 All uniformed personnel will utilize BWC equipment to record interactions while on duty regardless of whether the employee is on straight time or overtime status. PROCEDURES: 620.3.1 General Guidelines (a) A supervisor will assign the BWC and accessories to the officers. (b) All supervisors will be responsible for ensuring that personnel utilize their BWC during police contacts. (c) The assigned officer will inspect the BWC for any physical damage. The officer will ensure the device is in proper working order with the audio switch on at the beginning of the shift. The officer will audibly record his/her name, badge number, beat assignment and tour of duty as the first recording. (d) Officers are responsible for the proper care of all Department property and/or equipment assigned to 1 them. Officers will immediately report to their supervisor any loss of, or damage to, any part of the BWC. 620.3.2 (e) The unit should be affixed to the officer’s uniform in a manner that provides the best unobstructed view of incidents occurring in front of the officer. (f) Handset microphones should be placed on the uniform in a manner that does not interfere with the BWC recording of conversations between the officer and members of the public. (g) Prior to going into service with a BWC, officers will ensure that they are wearing an authorized uniform which clearly identifies them as a SEPTA Transit Police Officer, unless otherwise approved by the Chief of Police. (h) The assigned officer will note on the first line of the patrol log “BWC Equipped”. (i) The BWC recordings will Departmental purposes only. be used for official Equipment Operation (a) Personnel equipped with a BWC must activate the record mode as soon as they can safely do so when initiating (or earlier, if possible) the following events: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) Assigned to a radio call Notifying radio of response to a radio call assigned to another unit Observing another unit engaged in a contact Observing criminal, disorderly, suspicious or unsafe behavior Any and all contacts other than simple greetings or casual conversation Protection of crime or accident scenes Transportation of prisoners or citizens Searches and frisks of persons, vehicles, public structures, etc. Statements made by suspects, victims and witnesses Miranda warnings Interrogations of suspects Any legitimate law enforcement purpose 2 (b) The only authorized BWC is the department issued equipment. (c) Recordings shall be made in close proximity to the individual’s oral communication. (d) Officers shall inform, as soon as reasonably practicable, the individuals present that s/he is recording their conversation by saying, “I am (Rank)(Last name) of the Transit Police and this conversation is being recorded.” (e) All reports prepared by the officer documenting police action recorded by a BWC will include the notation “BWC”. BWC video does not take the place of normal documentation. (f) The recording officer will advise any additional arriving police/fire/EMS units that the incident is being recorded with a BWC. (g) Supervisors will ensure that personnel download recorded files using the established process at the end of each tour of duty. (h) When a recording occurs of a critical incident (as determined by a supervisor) or a Response to Resistance (R2R), the officer will be directed to a data transfer location to enable the uploading of video as soon as possible after the incident. (i) All R2R recordings will be reviewed by Internal Affairs within three days of the recorded incident. 620.3.3 Restrictions (a) Officers shall not make surreptitious recordings of conversations with any person unless the restrictions and guidelines of PA Title 18 Chapter 57 – Wiretapping and Electronic Surveillance – have been met. (b) The following are examples of events that shall not be recorded: 1) 2) 3) 4) Lunch break Report writing Administrative functions Discussions with police officers that are not related to an ongoing incident 3 5) 6) Greeting people or personal conversations Conversations with supervisors that are not related to an active incident (c) Recordings shall not occur in places that possess a higher expectation of privacy such as dressing rooms or restrooms unless police contact is occurring inside those locations. (d) Officers shall not intentionally erase, alter, reuse, modify or tamper with BWC recordings. (e) Officers shall not interfere with the video or audio function of the BWC. (f) Officers shall not change the settings or attempt to repair the BWC. All changes and repairs will be conducted at Police Headquarters. (g) When response to resistance occurs, the officer will prepare the R2R report without reviewing the BWC video. This is in compliance with existing procedures for station and vehicle video. (h) The video images will not be exposed to random use of facial and/or voice recognition capabilities. This may only be done for specific criminal investigations. 620.3.4 Termination of Recording (a) Once the record function of the BWC is activated, the officer will continue to record until either the subject being recorded or the officer has disengaged and communication between the two is no longer likely to occur. (b) Officers are required by law to deactivate the BWC recording function when entering a private residence. Officers shall request from those present permission to record inside private residences. The approval to do so must be recorded. (c) Individuals being recorded in the public domain do not possess the authority to demand that the BWC recording function be deactivated. 4 Video Storage, Retention and Release 620.3.5 (a) Recorded images related to any incident which results in arrest or issuance of citation/CVN will be retained. (b) Accessing, copying or releasing BWC recordings for other than approved purposes is prohibited. (c) Viewing of video is to be documented and maintained by the Commander of the Communications and Technology Unit. Viewing of video should be done on a need to know basis. (d) Public requests for viewing of video will be handled using the existing Right to Know protocol. (e) All BWC video that is to be retained will be considered as evidence and the property of the SEPTA Transit Police Department. (f) Video will be stored in a secure manner at Transit Police Headquarters for 90 days from the date of recording with the exception of evidentiary, investigative, or training material which will be held until ordered purged by the Chief of Police. (g) By use of email, an officer will notify the Commander of the Communications and Technology Unit of the date/time of video that should be retained and the reason for retention. (h) By use of email, an officer will notify the Commander of the Communications and Technology Unit of the date/time of video that should not be available for public review such as sensitive information, HIPAA data, unduly embarrassing situations for the recorded individual, etc. All such requests must be approved by the Chief of Police. 620.3.6 Audit and Inspection (a) The department will implement an audit and inspection function to conduct reviews that will ensure compliance with the law and this policy. The reviews will also be utilized to identify training needs and recognition of exceptional performance. 5 (b) 620.3.7 An Audit and Inspection report will be periodically prepared for public review. Accountability (a) Disciplinary action resulting in termination may be initiated for any violation of this policy. Thomas J. Nestel, III Chief of Police 6