Chapter 4 – Information Technology

47040.9 Preserving Recorded Data

• When an event occurs that requires staff to preserve recorded data, the following process shall be utilized:

  • During business hours, a telephone call or verbal request will be made to the ISUInstitution Services Unit immediately following an AVSS retention trigger.

  • The Neptune Intelligence Computer Engineering (NICE) Investigate digital evidence management system, where available, is considered the sole source of evidence. Whether or not NICE Investigate is available, staff shall ensure that all relevant camera angles are captured. In addition, footage of the events leading up to the event or subsequent footage following the event shall be reviewed and preserved to the extent that such footage provides a more thorough picture of the entirety of the incident.

  • For institutions that have deployed NICE Investigate, requestors submit the automated CDCRCalifornia Department of Corrections and Rehabilitation Form 1027, Audio/Video Surveillance System Evidence Request (for fixed cameras) or CDCRCalifornia Department of Corrections and Rehabilitation Form 1118, Body-Worn Camera Video Evidence Request (for body-worn cameras) in the NICE Investigate portal.

    • Those who are not authorized to submit automated requests in NICE Investigate should contact their institution’s ISUInstitution Services Unit Lieutenant. The ISUInstitution Services Unit Lieutenant can either grant access to NICE Investigate or ensure requests are submitted on their behalf by the ISUInstitution Services Unit team.

    • ISUInstitution Services Unit shall process the request and make the data available in NICE Investigate to the approved requestor within 24 hours of the occurrence or request.

  • For institutions that have not yet deployed NICE Investigate, following the verbal notification to ISUInstitution Services Unit or if the event occurs after business hours, a CDCRCalifornia Department of Corrections and Rehabilitation Form 1027 or 1118, shall be submitted to ISUInstitution Services Unit for timely processing. ISUInstitution Services Unit shall process the request and capture the requested event on a digital medium within 24 hours of the occurrence or request. This stored event shall be made accessible to the approved requestor. ISUInstitution Services Unit shall save and keep on file a hard copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 1027 or 1118. ISUInstitution Services Unit shall make a second copy of the event to be stored as evidence in ISUInstitution Services Unit.

• An audio, video, or both forms of recording that becomes evidence in an OIAOffice of Internal Affairs investigation shall be stored until resolution of any investigation and written release by the OIAOffice of Internal Affairs, Office of Legal Affairs (OLAOffice of Legal Affairs), and Office of the Attorney General (OAGOffice of the Attorney General). An audio, video, or both forms of recording that CDCRCalifornia Department of Corrections and Rehabilitation has reason to believe may become evidence in an administrative, civil, or criminal proceeding shall be stored indefinitely unless other direction is given by the OIAOffice of Internal Affairs, OLAOffice of Legal Affairs, or in the event of a criminal proceeding, the Office of the District Attorney. Audio, video, or both forms of recordings must be destroyed in a secure manner consistent with EISEnterprise Information Services (formerly Information Services Division) policy as soon as they are no longer needed for the purpose for which they were retained.