Audio/Video, Body‑Worn Camera/Video Camera – Public Records Act Request

Pursuant to Penal Code section 832.7(b)(1)(A)-(C) and the California Public Records Act (Government Code section 7921, et seq., or the “CPRA”) these records are now available for public review unless a legal exemption preventing disclosure applies. 

Once a Public Records Act coordinator receives a request for public records, they should make an initial determination of whether the requested records are subject to public disclosure. The CDCR must respond to the requester within 10 calendar days of receiving the request with CDCR’s determination whether it has responsive records. With written notice to the requester, this deadline may be extended by up to an additional 14 days to accommodate unusual circumstances. A list of these circumstances can be found in Government Code section 7922.535(a) and 7922.535(b). Additionally, CDCR staff should redact all exempt information with the records and then promptly send the public records to the requester. If some or all requested records are withheld from release, the responsible CDCR staff must explain why in a written response. 

Audio-Video Surveillance System (AVSS) consists of fixed cameras. Body-worn cameras are worn by custody staff. Both are used to enhance public safety and facility security by providing the ability for real-time monitoring and recording in order to conduct investigations and after-the-fact reviews by utilizing audio and/or video recording technology. 

Since 2018, CDCR has installed approximately 20,800 fixed cameras at 26 of its 30 institutions. By the end of 2026, CDCR will complete AVSS installation at California Institution for Men and Pelican Bay State Prison. In 2027, CDCR will include installation at California Training Facility and California Men’s Colony. 

CDCR launched a multi-year fixed camera installation as part of a larger effort to overhaul staff misconduct procedures through updated regulations, proper staffing and electronic monitoring. Cameras are also used to deter and aid in investigations of other incidents, such as assaults, riots, and contraband trafficking involving people in prison. 

These surveillance systems were updated and expanded to additional prisons by official recommendation or court order to replace decades-old equipment and to increase observation and provide transparency on incarcerated person and staff activity. 

In September 2020, the United States District Court ordered CDCR in Armstrong v. Newsom (No. 4:94-cv-02307-CW N.D. Cal.) to install surveillance cameras in all areas of Richard J. Donovan (RJD) Correctional Facility to which incarcerated people have access, including, but not limited to, all exercise yards, housing units, sally-ports, dining halls, program areas, and gymnasiums. Effective January 19, 2021, BWC Technology Expansion was implemented at the Richard J. Donovan Correctional Facility (RJD}. The BWC Technology Expansion was implemented at Substance Abuse Treatment Facility (SATF), California Institution for Women (CIW), California State Prison-Corcoran (COR), California State Prison, Los Angeles County (CSP-LAC) and Kern Valley State Prison (KVSP) beginning on July 27, 2021.   

The Court held that BWCs are likely to improve investigations of misconduct by staff and reduce the incidence of violations of class members’ rights under the Armstrong Remedial Plan (ARP) and American with Disabilities Act (ADA). The Court also found the opinions of Plaintiffs’ expert, Eldon Vail, to be based on research and studies on the topic. Eldon Vail asserted that the use of BWC in correctional facilities has resulted in “increased officer and inmate safety, fewer uses of force,” and improved investigations of internal misconduct by officers, particularly when used in conjunction with surveillance cameras. 

The body-worn cameras shall remain on throughout the entire shift and only be deactivated under certain circumstances such as when using the restroom or conducting a confidential interview. 

Body-worn cameras have been implemented at Richard J. Donovan Correctional Facility, Substance Abuse Treatment Facility (SATF), California Institution for Women (CIW), California State Prison-Corcoran (COR), California State Prison, Los Angeles County (LAC) and Kern Valley State Prison (KVSP). 

All body-worn camera footage will be retained for a minimum of 90 days. The recorded data may be preserved for a longer period of time as potential evidence in an investigation, or an administrative, civil, or criminal proceeding. 

Visuals and audio may be redacted from camera footage if the law prohibits disclosure of that information.   Examples of information that may be redacted include: 

• the face or voice of the victim of rape or sexual assault, 

• information that would pose a significant danger to an individual’s physical safety if known, 

• visuals and audio which if known would compromise the safety and security of the institution, 

• confidential medical information   

• camera footage that is the basis of a pending investigation by CDCR 

• Personal data or information, including but not limited to: 

• Home address, telephone number, identities of family members, and social security numbers 

Responsive documents to Public Records Act requests, including video footage, can be retrieved through the CDCR Public Records Portal. 

If video footage can be retrieved through the CDCR Public Records Portal, there will be no charge. However, if video footage has to be provided on a CD or DVD, there will be a charge.