In View: Key Trends in Body-Worn Camera Policies
In View: What Have We Learned from The BWC Implementation Program So Far?
In FY 2015, the Bureau of Justice Assistance (BJA) funded the Body-Worn Camera (BWC) Training and Technical Assistance (TTA) program to help police agencies and communities implement their BWC Policy Implementation Program (PIP) initiatives and learn lessons from those initiatives for the benefit of other agencies and communities. Since then, the BWC TTA team has responded to over 200 TTA requests, conducted 15 webinars, held 3 regional meetings and 2 national meetings, developed new technical assistance resources, and provided direct technical assistance to over 176 law enforcement agencies across the country.
Through this work, the BWC TTA team has gained a deeper understanding of the complexities and challenges agencies face when implementing a BWC program. Below, we review some of the lessons learned from our BWC PIP agencies over the past two years. These lessons learned should serve as important considerations for agencies just beginning or in the midst of BWC implementation.
1. Have a plan.
As with any new equipment deployment or substantial policy change, agencies must operationally plan how to roll out a BWC program. Planning should be thoughtful, comprehensive, and collaborative, and the plan should include several key factors: identifying program goals, establishing a timeline for deployment, conducting pilot tests, establishing working groups with internal and external representatives, conducting fiscal reviews and preliminary meetings with external stakeholders, reviewing related state legislation, determining staff and technology infrastructure needs, and more (see the BJA BWC Toolkit for guidance on getting started with a BWC program). This planning is fundamental to the implementation process.
2. Be flexible.
Although planning is vital to the successful deployment of BWCs, BWC PIP agencies also stress the importance of remaining flexible throughout the entire implementation process. Plans will change, new state legislation may require policy changes, fiscal changes will occur, equipment may not be as interoperable as promised, and challenges in establishing the infrastructure to support the program will arise. Agencies must be ready to adapt to these uncertainties.
3. Engage internal stakeholders.
Many of the BJA BWC PIP agencies have noted the importance of engaging officers early in the process. Officers should be part of the policy development process, the pilot testing phase, and training development. Actively engaging officers early in the process ensures greater buy-in for the BWC programand greater overall likelihood of success.
4. Engage external stakeholders.
BWC programs must also engage external stakeholdersfrom the community, as well as local government and criminal justice partners such as the prosecutor, city manager, and representatives from the local court system. These stakeholders are essential to the success of the program. Agencies should engage them in the process from the very start.
Agencies seeking to implement BWCs should hold multiple meetings with the community to leverage partners such as the NAACP, ACLU, and victims’ advocates. BWC PIP agencies note the importance of seeking input from the community in the policy development phase and being transparent about each phase of the deployment process. Some agencies have tried various methods (e.g., postcards, online surveys, town hall meetings) to inform, engage, and gather input from their communities.
Criminal justice stakeholders are also vital to a BWC program. Prosecutors are, in many ways, an end user of BWC video. Agencies must work closely with prosecutors to create procedures for efficiently and responsibly transfering and sharing BWC video. Prosecutors and police agencies are beginning to understand the effect BWC footage can have on investigations and prosecutions. Working closely with these partners while implementing BWCs results in better processes and fewer challenges with program management.
Featured webinar: Beyond Arrest: Prosecutor and defense attorney perspectives. Click here to view the webinar
5. Train.
According to the BWC PIP sites, training is integral to ensuring that officers understand the policy and technology. Training should include related state legislation, how to activate, when or when not to activate, how to catalogue and tag videos, reporting requirements, the limitations of the camera technology, and departmental compliance and auditing.
Furthermore, agencies should consider using BWC footage for training. Agencies like the Las Vegas Metropolitan Police Department, the San Antonio, Texas Police Department, and the Sturgis, Michigan, Police Department frequently use BWC footage to showcase best practices and areas for improved tactics and decision-making skills.The BWC TTA team developed a Training Guide as a resource for law enforcement agencies seeking to develop or modify their BWC training programs. The guide provides police instructors with a standardized BWC training template that includes an introduction to issues surrounding the development of BWCs, BWC specifications and operations (which vary by vendor), key issues in policy and practice, and topics related to agency accountability.
Agencies should also consider including community representatives in these training sessions or conducting separate training sessions for the media and public. Not only will these sessions encourage transparency and community buy-in, they will also serve as a means for the public to get an up-close look at how police use BWCs in the field.
Featured webinar: A Spotlight on BWCs and Training. Click here to view the webinar
6. Engage with a research partner.
Though working with a research partner is not a PIP requirement, many funded agencies have engaged with research entities to conduct process evaluations, impact evaluations, or both. Research partners can be a valuable resource during program planning, implementation, and ongoing program management. They can also independently and rigorously assess the BWC program.
7. Audit.
Finally, BWC PIP agencies stress the importance of auditing BWC footage. Once BWCs are deployed, agencies should periodically review and audit videos to ensuring officers use BWCs according to departmental policy. BWC footage can also be used to evaluate performance, highlight training opportunities, and identify areas for department-wide policy and procedure changes.
Featured webinar: Considering The Issues Around Assessing Officer Compliance. Click here to view the webinar
In View: BWCs and the Results of Randomized Experiments
This commentary represents a compilation of the thoughts and suggestions of a number of individuals involved in body-worn camera research and technical assistance, including the following: Michael White, PhD, Arizona State University; John D. Markovic, Bureau of Justice Assistance; Brett Chapman, PhD, National Institute of Justice; Denise Rodriguez, CNA; Craig Uchida, PhD, Justice and Security Strategies; and Anthony Braga, PhD, Northeastern University, among others.
In View: The Importance of BWCs from the Officer's Perspective
Police cruisers across America; showcase such popular catch phrases as, “To Protect and To Serve” or, “Serving Our Community”. Perhaps replacing these phrases with a more tangible creed would be appropriate, such as, “Transparency, Accountability, and Officer Compliance.” With departments racing to outfit their officers with body worn camera’s (BWCs), there are not only concerns about transparency, accountability and officer compliance but also funding, training and policy. The question commonly asked is, “Is it worth it or not?” In the meantime, BWCs are being deployed to police departments all over the world. Dealing with the topics of transparency, accountability, and officer compliance should start with a sound policy. Almost every department deploying BWCs has a policy in place, primarily to tell the officers what they are allowed and not allowed to do regarding BWCs. The policies inform officers when they must activate, deactivate, mute, and so on. There are consequences for those who do not follow the rules, whether or not non-compliance is deliberate. Individual departmental policies vary considerable regarding the types of events where cameras shall or must be activated or deactivated. Clarity is important, but policies cannot anticipate every conceivable circumstance. So what happens when officers enter ambiguous situations that BWC policies do not address explicitly?
Keep Calm and Remember Your Training
Compliance begins with training and training should include a good mix of policy, state and Federal laws, and hands-on practice with the camera technology. It is critical that officers understand the importance of the BWC and why it is being used. Officers being taught BWC policy and laws will quickly learn what they can and cannot do under routine circumstances. Policy should address protocols such as; how and when to use the BWC, what to do when there is a malfunction or loss and what types of events to record. Each department will fine tune its own policies according to what works best for the communities its officers serve. Officers should also be trained on what their rights are when complaints or allegations arise regarding the use of BWCs. If a department has officers who work off-duty jobs regularly, the regulations regarding off-duty job should be clearly outlined as well. Hands on scenario training and written tests, can help determine whether the officer fully understands the BWC policy.
A Manager says, “Go”, A Leader says, “Let’s Go”
A well-trained and knowledgeable supervisor can help settle officers’ uneasiness regarding BWCs. Supervisors should be trained in the same manner as their officers, and should use discretion regarding minor noncompliance issues involving their officers. If it is determined that a willful and serious compliance violation has occurred, then the appropriate punishment should be administered as per departmental policy. For example, an officer loses his BWC during a foot chase and waits several weeks to report the loss, continuing his duties without a BWC. This could have serious repercussions for the officer and the department. Supervisors play a very important role in making sure that their Officers are in compliance and more important, that they stay in compliance.
Houston We Have a Problem
During a recent training exercise, an officer asked a question regarding accountability: “When I pull my firearm, my hands and forearms are in the way of the BWC and you are unable to see the video clearly. Do I move the BWC or my hands?” The very act of asking this question (though no questioning should be discouraged) could indicate a compromise of officer safety. Officer safety always comes first-so in this case, don’t worry about the camera. Is this a compliance issue? I suggest that it is definitely not. If an officer is approached by a member of the community in a non-threatening manner that quickly turns violent, the officer doesn’t have time to turn on the BWC, so this should not be a compliance violation. Policy should reflect that encounters such as these may happen. In the event of such an occurrence, officers and supervisors should have the confidence and understanding that it will not be considered a compliance violation. Some states such as Texas-in Senate Bill 158, allow that an officer may deactivate the BWC during any non-confrontational encounter with a person. For accountability purposes, the officer is required to document why he or she did not activate the BWC, for accountability. According to Senate Bill 158, justification for failing to activate includes “unsafe, unrealistic, or impracticable” circumstances. Senate Bill 158 also adds that officers are not required to keep the BWC activated for an entire shift, giving the officer some down time for personal reliefs and breaks. The law allows officers to access any recording of an incident involving the officer before a statement is given. Officer discretion pertaining to activation can be complicated and must be clearly outlined with a strong policy and/or laws, this can help towards a healthier work environment for officers to feel like they have rights too. Most situations happen with less than a moment’s notice, and officers need to know that they are not bound by impossible expectations but, protected by clear and concise BWC policies.
Let there be light
Some people feel an obligation to question every decision an officer makes, causing the officer to question himself. Sometimes, the reason for a decision comes down to “You just had to be there.” Officers are human, they make mistakes. By eliminating as much of the gray as possible, through sound policy and training, confidence in the BWC is boosted, willingness to comply increases and the ability to be in and stay in compliance is achievable. Officers want to serve the community they work and live in. Citizens want to trust and respect the officers they hired to do the job.