Chapter 5 – Adult Custody and Security Operations

52050.7.1 Electronic Recordation

• The custodial interrogation of any person, including an adult or a minor suspected of committing murder shall be electronically recorded on video in its entirety. An audio recording shall be acceptable when no video is available.

• The video recording is required when an interrogation is held in connection with a criminal offense that has been, or may be filed against the inmate/suspect arrestee for murder. This includes any correctional or detention facility. Staff shall be required to maintain an exact copy of the electronic recording of the interrogation until such time a conviction relating to the interrogation is final and all direct appeals are exhausted.

• Staff shall not be required to electronically record a custodial interrogation under any of the following circumstances:

  • Electronic recording is not feasible because of exigent circumstances. Staff shall document an explanation of the exigent circumstances on an 837-C Incident report.

  • The inmate/suspect arrestee refuses to participate, or refuses to participate in any further in an electronically recorded interview. If feasible, the inmate/suspect arrestee statement refusing to participate shall be electronically recorded. Staff shall document that refusal in writing on an 837-C Incident report.

  • Staff shall not be required to electronically record a custodial interrogation by another law enforcement agency occurring in that agencies jurisdiction.

  • If an interrogation occurs when no electronic recording is required, the individual reveals facts and circumstances, giving staff conducting the interrogation reason to believe that murder has been committed, the interview shall be terminated immediately. Staff shall only proceed with the custodial interrogation being electronically recorded pursuant to this section.

  • Staff shall not be required to electronically record an interrogation if it is believed that doing so would disclose the identity of a confidential informant and/or jeopardize the safety of anyone including the individual being interrogated. An explanation of the circumstances shall be documented on an 837-C Incident report.

  • No electronic recording shall be required when there was a failure or malfunction of the recording device, after a reasonable time for maintenance, repair and/or replacement has been allotted. An explanation of the circumstances shall be documented on an 837-C Incident report.

  • Staff shall not be required to electronically record responsive or spontaneous statements to questions as part of a routine process of arresting or booking of an inmate/suspect arrestee.