Chapter 4 – Information Technology

47040.10 Review Criteria

• Only individuals having a legitimate need to view the live images or recorded media shall be permitted to do so. When an event occurs that requires the preservation of recorded data, managers, supervisors, and the Grievance Coordinators from the Office of Grievances (OOG) shall be responsible for filling out and submitting the CDCRCalifornia Department of Corrections and Rehabilitation Forms 1027 or 1118, either in NICE Investigate or hard copy form submitted electronically (e.g., via electronic mail) for institutions that have not yet deployed NICE Investigate. In the event the AVSS becomes inoperable, staff will notify the AVSS Coordinator, or the Watch Commander if after hours, and submit a service ticket to local Information Technology staff for resolution.

• Criteria for the review or viewing of video shall constitute a legitimate need, which includes:

  • Reviewing the circumstances of a crime or suspected crime.

  • Reviewing the circumstances of an accident or near accident.

  • For routine matters (including use of force incidents pursuant to DOMDepartment Operations Manual Chapter 5, Article 2, Use of Force) that do not involve the criteria in subsections (A) or (B) below, Bargaining Unit (BU) 6 employees shall be granted an opportunity to review audio or video data of an incident they were involved in from their Body-Worn Camera (BWC) or institutional fixed camera(s). The procedures to request to review AVSS data, and the viewing of AVSS data relative to report writing, shall be in accordance with the procedures in the current Memorandum of Understanding (MOUMemorandum Of Understanding) for BU 6, section 9.16, Video Recordings. If staff are denied approval to review institutional fixed camera video by the Incident Commander for any of the reasons noted in subsections (A) or (B) below, they will be provided with either an automated email notification from NICE Investigate, or, for institutions that have not yet deployed NICE Investigate, a CDCRCalifornia Department of Corrections and Rehabilitation Form 1028, Audio/Video Surveillance System Evidence Request Denial signed by the Captain or their designee, denying the request. A copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 1028 or email denial notification from NICE Investigate will be forwarded by the requestor to the Labor Relations Analyst who will notify the appropriate local BU chapter president. For BWC data reviewing denial process see the California Code of Regulations (CCRCalifornia Code of Regulations), Title 15, section 3270.3.

    • An incident involving allegations of misconduct (defined as situations where the Hiring Authority has determined and initiated the CDCRCalifornia Department of Corrections and Rehabilitation Form 989, Confidential Request for Internal Affairs Investigation/Notification of Direct Adverse Action process) or where administrative action is reviewed: the employee shall be granted an opportunity to review CDCRCalifornia Department of Corrections and Rehabilitation video recording(s) upon approval of the Warden, Chief Deputy Warden, or above. If staff are denied approval to review video data for this reason, no further questions or clarifications may be requested of the employee by the hiring authority.

    • An incident where criminal or deadly force is reviewed: the employee shall only be granted the opportunity to observe CDCRCalifornia Department of Corrections and Rehabilitation video data upon approval of the OIAOffice of Internal Affairs or investigating or prosecuting agency. If staff are denied approval to observe video data during the review process, no further questions or clarifications may be requested of the employee by the hiring authority.

  • The OOG may request to review audio and video recordings when conducting an inquiry as it relates to a submitted incarcerated person grievance or third-party complaint.

  • The Allegation Investigation Unit (AIU) may request to review and be provided access to audio and video recordings when conducting an inquiry or investigation as it relates to allegations involving misconduct towards incarcerated or supervised persons.

  • The author of an RVR may submit the automated CDCRCalifornia Department of Corrections and Rehabilitation Form 1027 or 1118 request in NICE Investigate, or for institutions that have not yet deployed NICE Investigate submit CDCRCalifornia Department of Corrections and Rehabilitation Form 1027 or 1118 to their supervisor to have the video data (with or without audio) captured as related to the circumstances of the RVR. The Senior Hearing Officer during the hearing process will examine video that is submitted with a serious RVR, and ensure the incarcerated person has had an opportunity to examine any audio or video, as appropriate.