The Slowly Expanding Use of Body-Worn Video Cameras by Jury Enforcement Agencies in Monterey County*

- At a minimum in California, written department policies must comply with the requirements of Penal Code Section 832.18. Response: The City Council agrees with this finding.

– The BODYCAM described in this report stores recordings on a removable Micro-SD memory card. Response – The City Council agrees with this finding. Main Street, P.O. Box 156, Soledad, CA 93960 * Phone: (831) 223-5000 * Fax: (831) 678-3965 * CityofSoledad.com Honorable Judge Mark E. Hood August 3, 2016 Page #2

- The BODYCAM described in this report enables any user to delete one or all recorded videos unless those camera functions are disabled by an appropriately trained BODYCAM administrator or a manufacturer's representative. Response - The City Council agrees with this finding, but notes that the cameras used by the Soledad Police Department have been programmed by a BODYCAM administrator to prevent unauthorized officers from deleting any recordings.

- Because the BODYCAM allows the Micro-SD card to be removed from the camera, it is possible for an officer to remove and read the card on an unauthorized computer and to delete or modify recorded data, contrary to the specific prohibitions of Penal Code section 832.18. Response – The City Council agrees with this finding, however the Police Department's adopted written policy specifies: "Individual members will not be allowed to download or delete any files or recordings from the device. The Sergeant or Watch Commander will download files and recordings from the device at the end of each shift." Therefore, if any officer attempts to download or delete any files by removing the Micro-SD card and inserts it into an unauthorized computer, he or she will be subject to disciplinary action.

– The Soledad Police Department provides BWCs for its officers' use. Response – The City Council agrees with this finding.

– The Soledad Police Department's draft written BWC policy does not meet all of the requirements of Penal Code Section 832.18. Response – The City Council disagrees wholly with the finding. Penal Code Section 832.18 only requires agencies, departments or entities to "consider" the best practices for the downloading and storage of body-worn camera data when establishing policies and procedures for the implementation and operation of body-worn camera systems, but does not require adoption of all identified best practices. The Police Department's draft policy does "consider" the best practices of downloading and storage of body-worn data and is therefore in compliance with the law. Penal Code Section 832.18 simply serves as a 248 Main Street, P.O. Box 156, Soledad, CA 93960 • Phone: (831) 223-5000 • Fax: (831) 678-3965 • CityofSoledad.com Honorable Judge Mark E. Hood August 3, 2016 Page #3 guideline for agencies, departments and entities considering the use of body-worn cameras to follow, but it does not make those guidelines mandatory in order to achieve compliance with the law.

– The Soledad Police Department uses the BODYCAM. Response – The City Council agrees with this finding. Civil Grand Jury Report - Recommendations