Attorney General s Directive Police Body Worn Cameras and Stored Body Worn Camera Recordings

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1 Attorney General s Directive Police Body Worn Cameras and Stored Body Worn Camera Recordings Chief Christopher Wagner President, New Jersey State Association of Chief s of Police Denville Township Police Department cwagner@denvillepolice.org

2 Public and Media Release of the Directive The Directive on Body Worn Cameras (BWC s) was issued by the Attorney General (A.G.) on September 28, 2015 According to the press release issued by the AG s Office, the intent of this directive is to assist municipalities in delivering the tools to maintain strong relations and trust between New Jersey law enforcement and the residents they serve. The A.G. included the appropriation of $4 Million in Criminal Forfeiture Funds for the purchase of BWC s. $1.5 Million for the New Jersey State Police and $2.5 Million for local municipalities

3 Local Municipality Funding Assistance to each county will be capped based upon total county population Tier 1 Counties Cape May, Cumberland, Hunterdon, Salem, Sussex and Warren Tier 2 Counties Atlantic, Gloucester, Mercer, Somerset Tier 3 Counties Burlington, Camden, Morris, Ocean, Passaic, Union Tier 4 Counties Bergen, Essex, Hudson, Middlesex, Monmouth

4 BWC Costs The AG has allocated $500 toward the purchase of a BWC or camera package Although many manufacturers offer BWC s for around $500, the larger cost is in the storage of the video files and the back end systems and software. All BWC video files MUST be maintained for a MINIMUM of 90 days. Depending upon the number of BWC s an agency purchases, the cost of a server to maintain the files will, in many cases, far exceed $10,000

5 BWC s in Lieu of Dash Cam Recording Systems Police Departments may elect to utilize BWC s in order to satisfy newly enacted legislation mandating that all newly purchased police vehicles, utilized primarily for traffic enforcement, must be equipped with Mobile Video Recording ( Dash Cam ) Systems Both systems (BWC s and Dash Cams) have individual options that make them unique and better applied in some circumstances. A BWC, attached to an officers uniform shirt, will not provide the best evidence in a Motor Vehicle Pursuit, as the majority of the video will capture the steering wheel of the police vehicle while activated. However, a BWC will provide better video evidence of Field Sobriety Tests conducted on a driver when standing out of the view of the police vehicle. The Directive on BWC s is much more specific on deployment and use than utilizing Dash Cams.

6 The Directive The BWC Directive DOES NOT mandate acquisition or use of Body Worn Cameras Rather, the directive leaves the decision on whether or not to deploy BWC s to the Chief of Police of the Municipality or Agency. If a decision to deploy BWC s is made, the directive provides guidance on how the device is to be used, when it is to be activated, when it might be deactivated and when recordings might be accessed, viewed, copied, disseminated or otherwise used.

7 Question Which of the following is NOT TRUE of the A.G. s Directive on BWC s? A. The A.G. s office will provide up to $500 for the purchase of a BWC or BWC package B. The A.G. s Directive mandates that ALL municipalities MUST implement a BWC program C. Agencies may choose to implement BWC s in lieu of purchasing Dash Cam s to suffice the legislation requiring Dash Cams in all newly purchase patrol vehicles. D. Although BWC s may be purchased for approximately $500, there is a much larger expense incurred to store the video files.

8 The Directive cont d If an agency had deployed BWC s prior to the issuance of the directive, then the agency must adopt a policy, SOP, order, etc., within 60 days (Sept 28 th ) of the issuance of the directive, that is in compliance with the directive If an agency has not yet implemented the use of BWC s prior to the issuance of this directive, they shall not deploy until they have promulgated a policy, SOP, order, etc. in compliance with the directive The County Prosecutor may issue directives or guidelines setting forth additional procedural or substantive requirements or restrictions. The Directive sets a minimum standard and agencies may institute additional uses and limitations on the use of BWC s

9 The Directive cont d The Chief of Police shall decide who, within their agency, will wear the BWC s. Not every officer must be outfitted. The chief could decide individually if they will outfit the members of the detective bureau, for instance. If a department decides to outfit their officers with BWC s, the agency must place a public notice on the website that includes a photo of the BWC. If the department does not have a website, it must the be placed on the municipalities website.

10 Question If a chief of police decides to purchase BWC s, who must be outfitted with them A. Only Uniformed Personnel B. The entire department C. Uniformed Personnel and Detectives D. The decision to outfit specific officers is up to the chief of police