California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 4 - General Institution Regulations
Article 2 - Security
Section 3270.3 - Body-Worn Cameras
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Correctional officers and correctional sergeants shall utilize body-worn cameras at the California Correctional Institution; California Institution for Women; California State Prison, Corcoran; California State Prison, Los Angeles County; California State Prison, Sacramento; Central California Women's Facility; Kern Valley State Prison; Richard J. Donovan Correctional Facility; Salinas Valley State Prison; and the Substance Abuse and Treatment Facility and State Prison, Corcoran. Correctional officers and correctional sergeants shall ensure the body-worn camera is worn and activated during the entire course of their shift. The body-worn camera shall only be deactivated as described in subsection 3270.3(d) or for events or circumstances listed in the Approved Body-Worn Camera Deactivation Events Schedule (02/21/24), incorporated by reference.
(b) Body-worn camera equipment and all information collected through the use of a body-worn camera shall be considered CDCR property and records, and shall not be utilized for personal use. Only authorized employees shall use or be in possession of a body-worn camera device, data, or files.
(c) Body-worn camera recording technology may be used to conduct after-the-fact reviews of triggering events involving use of force incidents, allegations of excessive or unnecessary force, and other staff and incarcerated person misconduct.
(d) Body-worn cameras shall not be used to record confidential medical, dental, and mental health assessments, appointments, or consultations.
(e) Correctional officers and correctional sergeants may be granted an opportunity to review their own body-worn camera recording(s) of an incident, as described in section 3382(b), that they were involved in only after writing and submitting their initial incident report. Correctional officers and correctional sergeants may request to review their body-worn camera recording(s) either verbally from the Incident Commander (IC), or by submitting a CDCR Form 1118 (Rev. 03/24), Body-Worn Camera Video Evidence Request, incorporated by reference, to the Investigative Services Unit (ISU).
(f) In circumstances where, pursuant to subsection 3270.3(e)(1)(A), evidence is found, or an allegation exists, that suggests possible misconduct of the correctional officer or correctional sergeant, the correctional officer or correctional sergeant's review of their body-worn camera recording(s) could potentially compromise a misconduct investigation, therefore, the correctional officer or correctional sergeant shall only be granted an opportunity to review their body-worn camera recording(s) upon approval of the Warden, Chief Deputy Warden, or above.
(g) In circumstances where, pursuant to subsection 3270.3(e)(1)(A), evidence is found, or an allegation exists, that could lead to a criminal or deadly force investigation of the correctional officer or correctional sergeant, the correctional officer or correctional sergeant's review of their body-worn camera recording(s) could potentially compromise a criminal or deadly force investigation, therefore, the correctional officer or correctional sergeant shall only be granted an opportunity to review their body-worn camera recording(s) upon approval of the Office of Internal Affairs (OIA) or an investigating or prosecuting agency.
(h) Upon completion of the video review by the correctional officer or correctional sergeant, they shall be given the opportunity to write a supplemental report prior to the end of their shift. The supplemental report shall contain transitional language indicating additional details are being provided after the review of the body-worn camera recording(s), such as: "after reviewing video of the incident, additional details are noted as follows."
(i) An interested internal party within the department may request to review a body-worn camera recording(s) by contacting the institution's Investigative Services Unit (ISU). The CDCR Form 1118 shall be completed by the requestor and submitted to the ISU or completed by the ISU representative on behalf of the interested party.
(j) An interested external party outside the department may request to review a body-worn camera recording(s) by contacting the department's Office of Legal Affairs (OLA). The OLA shall initiate the request for an outside interested party by contacting the Hiring Authority of the correctional officer or correctional sergeant whose body-worn camera recording(s) is being requested. The Hiring Authority's designee shall complete the CDCR Form 1118 and submit the CDCR Form 1118 to the institution's Investigative Services Unit (ISU) on behalf of the OLA.
(k) If correctional officers or correctional sergeants are denied approval to review their own body-worn camera recording(s) for any of the reasons identified in subsection 3270.3(e)(1)(A), they will be provided with a CDCR Form 1119 (Rev. 03/24), Body-Worn Camera Video Evidence Request Denial, which is incorporated by reference, signed by the Facility Captain or their designee, denying the request. If the correctional officer or correctional sergeant is denied the opportunity to review their body-worn camera recording(s), the Hiring Authority may not ask any questions or request further clarifications from the correctional officer or correctional sergeant regarding their initial incident report, including any incident as referenced in subsection 3270.3(e)(1)(A).
(l) In the event a body-worn camera is activated for a deactivated permitted event or circumstance, as listed in subsection 3270.3(a), the correctional officer or correctional sergeant may request a portion of the body-worn camera recording(s) be redacted via a CDCR Form 1120 (Rev. 03/24), Body-Worn Camera Video Evidence Request for Redaction, which is incorporated by reference. Upon completion of the CDCR Form 1120, and confirmation by all individuals listed on the CDCR Form 1120, that a deactivated permitted event or circumstance was recorded, the relevant portion of the body-worn camera recording(s) shall be redacted by the ISU.
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Section 5054, Penal Code; and Armstrong v. Newsom (No. 4:94-cv-02307-CW N.D. Cal.).
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Section 5054, Penal Code; and Armstrong v. Newsom (No. 4:94-cv-02307-CW N.D. Cal.).