Worcester PD proposes policy for body cameras hitting streets soon
WORCESTER — Worcester police have developed a recommended policy for the use of body cameras, which are scheduled to hit the streets at the end of the month.
“The purpose of this policy is to establish guidelines for the proper use, management, storage, and retrieval of video recorded by (body-worn cameras),” the policy, which is before the City Council Tuesday night, states. “It is the policy of the Worcester Police Department to respect the legitimate privacy interests of all persons, while ensuring professionalism in its workforce.”
So how does it seek to do this?
Here’s a look.
Officers wearing one of the 300 body cameras purchased by the department will begin recording “as soon as practicable,” under four circumstances, according to the proposed policy.
Police/civilian encounters which include all 911 emergency calls
Non-emergent calls for service
Police-initiated investigations/ stops
When ordered by a supervisor
“Officers are not required to record normal casual conversations/encounters with civilians that do not correspond with the above noted circumstances,” the policy states. “BWC officers shall not compromise their safety or the safety of others to obtain (body camera) recordings when activation is not tactically feasible.”
Body cameras to start Feb. 27, says Worcester police report to City Council
Police not required to notify civilians they are being recorded
Police are not required to notify civilians that they are being recorded; however, it is recommended that they do so during an interaction with a civilian.
“BWC officers may take into account tactical considerations as to if, or when, to notify a civilian of the recording,” the policy states.
No consent required
BWC officers are also not required to obtain consent to record a civilian, and police “have no obligation to stop recording” when requested if the recording is during one of the bulleted instances listed above.
That being said, the recommended policy does outline some instances where the body camera may be turned off, “based on the circumstances encountered at such locations.”
“When recording in areas where there may be a reasonable expectation of privacy, BWC officers should be mindful of their location as BWC recording may be considered insensitive, inappropriate, or prohibited by privacy considerations,” the policy states. “Locations may include locker rooms, places of worship, religious ceremonies, certain locations in hospitals or clinics, law offices, or day care facilities.”
And if a civilian does request the camera be turned off, the request - and the officer’s response to the request - should be recorded, according to the policy.
Similarly, an officer should record a request from a victim/witness to turn off the camera or mute the camera’s audio.
“If a BWC officer is aware that he or she is in range (visual or audio recording) of a victim or witness who is giving an account of a crime, the BWC officer may record the encounter but should be considerate of the privacy concerns of the victim or witness,” the policy reads. “If the individual is in any way unsure of the need for the recording to be made or is uncomfortable with being recorded, the BWC officer will determine if deactivation of the camera or muting of the audio is appropriate.”
Once a camera is activated "recording will continue until the event has concluded or until the officer is ordered to deactivate the BWC by a supervisor," according to the policy. "If an officer deactivates his or her BWC before the end of the incident, the officer shall note the reason why in his or her incident report."
Reviewing footage before/after reports
When it comes time to write a report about an incident, officers may review body camera footage beforehand except cases when officers used certain types of force. In such instances, the officer is required to write their initial report first and then review the recording.
It is imperative, the policy states, for the officer to distinguish and delineate the following information in their report:
Facts that are recalled independently of a recording
Recollections that are refreshed by viewing a recording
Facts that were not previously known but that are learned by viewing a recording
The policy states that officers may review camera footage in several instances, including:
Their involvement in any incident for the purposes of completing an investigation and preparing official and required supplemental reports
To “refresh recollection” in preparation for possible court testimony or legal proceedings
Providing a statement pursuant to a Bureau of Professional Standards investigation or a Commander’s investigation
Calls in which they were involved, or before providing any statement pursuant to officer involved shootings or other critical incidents
To identify a possible suspect or help apprehend a possible suspect if a BWC officer is rendered incapacitated/unresponsive while on duty
The public will also be able to review body camera footage under the state’s Public Record law, “subject to applicable exemptions and statutes which restrict or prohibit the dissemination of certain information.”
Police will keep all non-evidentiary body camera footage for 42 months at minimum, and no recordings shall be deleted/destroyed “while any related investigation, including criminal, civil, administrative investigation, or court proceeding is still open/pending, or for the same period of time that evidence is retained in the normal course of the investigation, or for the same period of time that evidence is retained in the normal course of the court’s business for a recording related to a court proceeding.”
The policy states that no BWC recordings shall be destroyed until all appeals and/or related litigation is exhausted and closed, with the exception of “internal police training” footage which may be deleted at any time.
When not to activate; improper use
Finally, the policy outlines when the body cameras should not be activated and improper use of body camera footage.
Times when body cameras should not be activated include:
Times an officer is not responding to a call or in service
Personal conversations of or between other department employees without the recorded employee’s knowledge
Non-work-related personal activity
Investigative briefings
Encounters and/or communications over secured radio channels with undercover officers or confidential informants
Departmental meetings, in-service training or administrative assignments
Body camera footage should not be used for ridiculing or embarrassing any individual depicted on the recording; randomly reviewed; disseminated unless approved by the police chief or his designee or in the course of official duties; or copied, according to the policy.
The policy is before the City Council Tuesday evening.
This article originally appeared on Telegram & Gazette: Worcester PD proposes policy for body cameras hitting streets this month
