Cal. Code Regs. Tit. 15, § 3270.3 - Body-Worn Cameras

(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).

(1) When an incident occurs, the IC shall submit a CDCR Form 1118 to the ISU to review the body-worn camera recording(s) of the incident. Upon receiving the CDCR Form 1118, the ISU shall preserve the body-worn camera recording(s) of the incident.

(A) If during the IC's review of the incident, evidence is found, or an allegation exists, that either suggests possible misconduct of the correctional officer or correctional sergeant, or that could lead to a criminal or deadly force investigation of the correctional officer or correctional sergeant, the IC shall deny any verbal request from the correctional officer or correctional sergeant to review their body-worn camera recording(s) and inform the ISU of this information. Upon the ISU's receipt of the information from the IC, the ISU shall deny any CDCR Form 1118 request from a correctional officer or correctional sergeant to review their body-worn camera recording(s).

(B) If during the IC's review of the incident, no evidence is found, or no allegations exist, that either suggests possible misconduct of the correctional officer or correctional sergeant, or that could lead to a criminal or deadly force investigation of the correctional officer or correctional sergeant, the IC shall authorize a correctional officer or correctional sergeant to review their own body-worn camera recording(s) should they request to review it, and only after writing and submitting their initial incident report.

(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.

Notes

Cal. Code Regs. Tit. 15, § 3270.3

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.).

1. New section filed 7-28-2021 as an emergency; operative 7/29/2021 (Register 2021, No. 31). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 1-5-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-30-2021 as an emergency; operative 1/6/2022 (Register 2021, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-6-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-30-2021 order, including amendment of subsection (c), transmitted to OAL 2-25-2022 and filed 4-11-2022; amendments effective 4/11/2022 pursuant to Government Code section 11343.4(b) (Register 2022, No. 15).
4. Change without regulatory effect amending subsection (b) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
5. Amendment of subsection (a), new subsection (b), subsection relettering and new subsections (e)-(l) filed 7-29-2024; operative 7/29/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).