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HomeMy WebLinkAboutAgenda - 7-a - Orange County Sheriff’s Office Portable Audio-Video Recorders Policy ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 20, 2018 Action Agenda Item No. 7-a SUBJECT: Orange County Sheriff’s Office Portable Audio/Video Recorders Policy DEPARTMENT: Sheriff’s Office ATTACHMENT(S): Policy 427 Portable Audio/Video Recorders Policy 803 Records Maintenance and Release N.C. General Statutes § 132-1.4A INFORMATION CONTACT: Sheriff Charles S. Blackwood, 919.245.2900 Jennifer Galassi, Legal Advisor to the Sheriff, 919.245.2952 PURPOSE: To discuss the Sheriff’s Portable Audio/Video Records Policy. BACKGROUND: At the February 6, 2018 Board of Orange County Commissioners meeting, the Board received a presentation on Motorola’s Digital Evidence Management Solutions (DEMS) and introduced the SI-500 Body Camera and Command Central Vault. Orange County Sheriff Charles S. Blackwood responded to questions from Board members about the possibility of equipping Sheriff’s Deputies with these body-worn cameras (BWC). During the conversation, the Board expressed interest in revisiting the discussion after having a chance to review the Sheriff’s Portable Audio/Video Records Policy, which was distributed at the meeting. FINANCIAL IMPACT: There is no financial impact associated with the discussion. SOCIAL JUSTICE IMPACT: The following Social Justice Goal is applicable to this agenda item: • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. RECOMMENDATION(S): The Manager recommends that the Board continue the discussion. 1 Policy 427 Orange County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2018/02/14, All Rights Reserved. Published with permission by Orange County Sheriff's Office ***DRAFT***Portable Audio/Video Recorders - 1 Portable Audio/Video Recorders 427.1 PURPOSE AND SCOPE This Policy provides guidelines for the use of portable audio/video recording devices by members of this Office while in the performance of their duties (N.C.G.S. § 132-1.4A(i)). Portable audio/video recording devices include all recording systems whether body-worn, hand held, or integrated into portable equipment. This Policy does not apply to mobile audio/video recordings, interviews, or interrogations conducted at any Orange County Sheriff's Office facility, authorized undercover operations, wiretaps or eavesdropping (concealed listening devices). 427.2 POLICY The Orange County Sheriff's Office may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Office by accurately capturing contacts between members of the Office and the public. 427.3 MEMBER PRIVACY EXPECTATION All recordings made by members on any Office-issued device at any time, and any recording made while acting in an official capacity of this Office, regardless of ownership of the device it was made on, shall remain the property of the Office. Members shall have no expectation of privacy or ownership interest in the content of these recordings. 427.4 MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member assigned a portable recorder will be responsible for making sure that the recorder is in good working order. If the recorder is not in working order or the member becomes aware of a malfunction at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as reasonably practicable. Members should wear the recorder in a conspicuous manner or otherwise notify persons that they are being recorded, whenever reasonably practicable. Any member assigned to a non-uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever reasonably practicable. When using a portable recorder, the assigned member should record his/her name, OCSO identification number, and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user’s unique identification and the date and time of each recording. 2 Orange County Sheriff's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2018/02/14, All Rights Reserved. Published with permission by Orange County Sheriff's Office ***DRAFT***Portable Audio/Video Recorders - 2 Members should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the member deactivated the recording. Members should include the reason for deactivation. 427.5 ACTIVATION OF THE AUDIO/VIDEO RECORDER This Policy is not intended to describe every possible situation in which the portable recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder any time the member believes it would be appropriate or valuable to record an incident. The portable recorder should be activated in any of the following situations: (a)All enforcement and investigative contacts including stops and field interview situations (b)Traffic stops including, but not limited to, traffic violations, stranded motorist assistance, and all crime interdiction stops (c)Self-initiated activity in which a member would normally notify Central Communications (d)Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording Members should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media. However, the recorder should be activated in situations described above as soon as reasonably practicable. 427.5.1 CESSATION OF RECORDING Once activated, the portable recorder should remain on continuously until the member reasonably believes that his/her direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. 427.5.2 SURREPTITIOUS USE OF THE PORTABLE RECORDER North Carolina law permits an individual to surreptitiously record any conversation in which one party to the conversation has given his/her permission (N.C.G.S. § 15A-287). Members of the Office may surreptitiously record any conversation to which they are a party during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation. 3 Orange County Sheriff's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2018/02/14, All Rights Reserved. Published with permission by Orange County Sheriff's Office ***DRAFT***Portable Audio/Video Recorders - 3 Members should not surreptitiously record another Office member without a court order unless lawfully authorized by the Sheriff or his designee. 427.5.3 EXPLOSIVE DEVICE Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 427.6 PROHIBITED USE OF PORTABLE RECORDERS Members are prohibited from using Office-issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on-duty or while acting in their official capacity. Members are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with office-issued or personally owned recorders. Members should not duplicate or distribute such recordings, except for authorized legitimate Office business purposes. All such recordings shall be retained at the Office. Members are prohibited from using personally owned recording devices while on-duty without the express consent of their supervisor. Any member who uses a personally owned recorder for Office-related activities shall comply with the provisions of this Policy, including retention and release requirements, and should notify the on-duty supervisor of such use as soon as reasonably practicable. Recordings shall not be used by any member for the purpose of embarrassment, harassment, or ridicule. 427.7 IDENTIFICATION AND PRESERVATION OF RECORDINGS To assist with identifying and preserving data and recordings, members should download, tag, or mark them and document the existence of the recording in any related case report. A member should transfer, tag, or mark recordings when the member reasonably believes: (a)The recording contains evidence relevant to potential criminal, civil, or administrative matters. (b)A complainant, victim, or witness has requested non-disclosure. (c)A complainant, victim, or witness has not requested non-disclosure but the disclosure of the recording may endanger the person. (d)Disclosure may be an unreasonable violation of someone’s privacy. (e)Medical or mental health information is contained. (f)Disclosure may compromise an undercover deputy or confidential informant. Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording. 4 Orange County Sheriff's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2018/02/14, All Rights Reserved. Published with permission by Orange County Sheriff's Office ***DRAFT***Portable Audio/Video Recorders - 4 427.8 REVIEW OF RECORDED MEDIA FILES When preparing written reports, members should review their recordings as a resource (see the Officer-Involved Shootings and Deaths Policy, Policy 305, for guidance in those cases). Members, however, shall not retain personal copies of recordings. Members should not use the fact that a recording was made as a reason to write a less detailed report. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct, reports of meritorious conduct, or whenever such recordings would be beneficial in reviewing the member’s performance. Recorded files may also be reviewed (N.C.G.S. § 132-1.4A): (a)Upon approval by a supervisor, by any member of the Office who is participating in an official investigation, such as a personnel complaint, administrative investigation, or criminal investigation. (b)Pursuant to lawful process or by a district attorney who is otherwise authorized to review evidence in a related case. (c)To certain members of the public who appear in or represent someone who appears in the recording, as provided in N.C.G.S. § 132-1.4A and upon approval of the Sheriff. 427.9 COORDINATOR The Sheriff or the authorized designee should designate a coordinator responsible for: (a)Establishing procedures for the security, storage, and maintenance of data and recordings. (b)Establishing procedures for accessing data and recordings. (c)Establishing procedures for logging or auditing access. (d)Establishing procedures for transferring, downloading, tagging, or marking events. 427.10 RETENTION OF RECORDINGS All recordings shall be retained for a period consistent with the requirements of the organization’s records retention schedule but in no event for a period less than 180 days (N.C.G.S. § 132-1.4A). 427.10.1 RELEASE OF AUDIO/VIDEO RECORDINGS Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release Policy (Policy 803). 5 Policy 803 Orange County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2018/02/14, All Rights Reserved. Published with permission by Orange County Sheriff's Office ***DRAFT***Records Maintenance and Release - 1 Records Maintenance and Release 803.1 PURPOSE AND SCOPE This Policy provides guidance on the maintenance and release of Office records. Protected information is separately covered in the Protected Information Policy (Policy 804). 803.2 POLICY The Orange County Sheriff's Office is committed to providing public access to records in a manner that is consistent with public records laws (N.C.G.S. § 132-1 et seq.). 803.3 CUSTODIAN OF RECORDS The Sheriff may designate a Custodian of Records. The responsibilities of the Custodian of Records, in consultation with the Legal Advisor, include, but are not limited to (N.C.G.S. § 132-2): (a)Managing the records management system for the Office, including the retention, archiving, release, and destruction of Office public records. (b)Maintaining and updating the Office records retention schedule, including: 1.Identifying the minimum length of time the Office must keep records. 2.Identifying the Office division responsible for the original record. 3.Identifying proper times and procedures for destruction of records (N.C.G.S. § 121-5). (c)Establishing rules regarding the inspection and copying of Office public records as reasonably necessary for the protection of such records, including (N.C.G.S. § 132-6). 1.Determining how the Office's website may be used to post public records in accordance with N.C.G.S. § 132-6. (d)Identifying records or portions of records that are confidential under State or federal law and not open for inspection or copying. (e)Establishing rules regarding the processing of subpoenas for the production of records. (f)Ensuring a current schedule of fees for public records as allowed by law (N.C.G.S. § 132-1(b)). (g)Establishing rules for the redaction of confidential contents from public records (N.C.G.S. § 132-1.4(j); N.C.G.S. § 132-6(c)). (h)Establishing rules for permitting another public agency to inspect, examine, or copy records (N.C.G.S. § 132-1.4(f)). (i)Establishing rules for the proper maintenance, safety, and security of records (N.C.G.S. § 132-7). 6 Orange County Sheriff's Office Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2018/02/14, All Rights Reserved. Published with permission by Orange County Sheriff's Office ***DRAFT***Records Maintenance and Release - 2 803.4 PROCESSING REQUESTS FOR PUBLIC RECORDS Any Office member who receives a request for any record should route the request to the Custodian of Records or the authorized designee. 803.4.1 REQUESTS FOR RECORDS The processing of requests for any record is subject to the following: (a)The Office is not required to create records that do not exist (N.C.G.S. § 132-6.2(e)). (b)When a record contains both material with release restrictions and material that is not subject to release restrictions, the restricted material shall be redacted and the unrestricted material released (N.C.G.S. § 132-1.4(j); N.C.G.S. § 132-6(c)). 1.A copy of the redacted release should be maintained in the case file for proof of what was actually released and as a place to document the reasons for the redactions. If the record is audio or video, a copy of the redacted audio/video release should be maintained in the office-approved media storage system and a notation should be made in the case file to document the release and the reasons for the redacted portions. (c)No person requesting to inspect and examine public records, or to obtain copies thereof, shall be required to disclose the purpose or motive for the request (N.C.G.S. § 132-6(b)). (d)Persons requesting copies of public records may elect to obtain them in any and all media in which the Office is capable of providing them. No request for copies of public records in a particular medium shall be denied on the grounds that the Office prefers to make the public records available in another medium (N.C.G.S. § 132-6.2(a)). 803.4.2 DENIALS A person whose records request is denied may be advised if they are unfamiliar with the request process that they may apply to the appropriate court for an order compelling disclosure of the records (N.C.G.S. § 132-9(a)). 803.4.3 CAMPUS POLICE AGENCY RECORDS Upon request and subject to the Jeanne Clery Campus Security Act Policy and Campus Crime Statistics Act (20 USC § 1092(f)), certain information maintained by the Orange County Sheriff's Office may be inspected at reasonable times and under reasonable supervision, as detailed in N.C.G.S. § 74G-5.1. Additional detail regarding compliance with the Clery Act is addressed in the Jeanne Clery Campus Security Act Policy (Policy 807). 803.5 RELEASE RESTRICTIONS Examples of release restrictions include: 7 Orange County Sheriff's Office Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2018/02/14, All Rights Reserved. Published with permission by Orange County Sheriff's Office ***DRAFT***Records Maintenance and Release - 3 (a)Identifying information, including an individual’s drivers license photograph; Social Security and driver identification numbers; name, address, and telephone number; and medical or disability information that is contained in any drivers license record, motor vehicle record or Office record, including traffic crash reports, are restricted except as authorized by the Office, and only when such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721; 18 USC § 2722; N.C.G.S. § 20-43.1). (b)Records of criminal investigations or records of criminal intelligence information are confidential; basic arrest and criminal violation information may be released unless the basic information will jeopardize an investigation (N.C.G.S. § 132-1.4). (c)The Office shall temporarily withhold witness information if it is likely that the release would pose a threat (N.C.G.S. § 132-1.4(d)). (d)Information related to juveniles (N.C.G.S. § 7B-3100; N.C.G.S. § 7B-3001). (e)Child abuse information (N.C.G.S. § 7B-2902(f)). (f)Confidential portions of employee personnel records (N.C.G.S. § 153A-98; N.C.G.S. § 160A-168). (g)Confidential communications of a government body (N.C.G.S. § 132-1(a)). (h)Address Confidentiality Program information (N.C.G.S. § 132-1.1(d)). (i)Controlled Substances Reporting System information (N.C.G.S. § 132-1.1(e)). (j)Confidential information listed in N.C.G.S. § 132-1.2. (k)Confidential informant information (N.C.G.S. § 132-1.4(h)). (l)9-1-1 database information (N.C.G.S. § 132-1.5). (m)Sensitive public security information (N.C.G.S. § 132-1.7). (n)Data captured through an automated license plate reader (N.C.G.S. § 20-183.32) (o)Audio and video recordings taken by a deputy with a portable audio/video camera or a Mobile Audio/Video (MAV), except as provided in N.C.G.S. § 132-1.4A. For example, portions of a recording may be disclosed to the person who is the subject of the recording. 803.6 SUBPOENAS AND DISCOVERY REQUESTS Any member who receives a subpoena duces tecum, judge’s court order, or discovery request for records should promptly contact a supervisor, the Legal Advisor, and the Custodian of Records for review and processing. Generally, discovery requests and subpoenas from criminal defendants and their authorized representatives (including attorneys) should be referred to the prosecutor and Legal Advisor. 8 Orange County Sheriff's Office Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2018/02/14, All Rights Reserved. Published with permission by Orange County Sheriff's Office ***DRAFT***Records Maintenance and Release - 4 All questions regarding compliance with any subpoena duces tecum or discovery request must be promptly referred to the Legal Advisor for the Office so that a timely response can be prepared. 803.7 EXPUNGEMENT Expungement orders received by the Office should be submitted to the Legal Advisor for review and guidance and submitted to the Custodian of Records for appropriate redaction. The Custodian of Records shall expunge such records as ordered by the court. Once expunged, members shall respond to any inquiry as though the record did not exist (N.C.G.S. § 15A-145, 146, 147 et seq., N.C.G.S. § 7B-3200). 803.8 TRAINING All members authorized to manage, release, or facilitate public access to Office records should complete a training program that includes identification of material appropriate for public access and the Office systems and procedures guiding such release and access. 803.9 SECURITY BREACHES Members who become aware that any Orange County Sheriff's Office system containing personal information may have been breached should notify the Records Administrator as soon as practicable. The Records Administrator shall ensure that written notice is provided to any resident of this State whose unsecured personal information has been breached pursuant to the requirements set forth in N.C.G.S. § 75-65. Notice shall also be provided to the Consumer Protection Division of the Attorney General’s Office. Notice shall be in the form and manner specified in N.C.G.S. § 75-65. Notice shall be given as soon as practicable after the discovery of a possible breach (N.C.G.S. § 75-65). Notice to individuals may be delayed if notification will impede a criminal investigation or jeopardize national or homeland security. For purposes of the notice requirement, personal information includes a person’s first name or first initial and last name in combination with any one or more of the following (N.C.G.S. § 75-61): (a)Social Security number (b)Driver’s license number, state identification card number, or other similar identification number (c)Full account number, credit or debit card number, or any required security code, access code, or password that would permit access to an individual’s financial account If the breach reasonably appears to have been made to protected information covered in the Protected Information Policy (Policy 804), the Records Administrator should promptly notify the appropriate member designated to oversee the security of protected information (see the Protected Information Policy). 9 G.S. 132-1.4A Page 1 § 132-1.4A. Law enforcement agency recordings. (a) Definitions. – The following definitions apply in this section: (1) Body-worn camera. – An operational video or digital camera or other electronic device, including a microphone or other mechanism for allowing audio capture, affixed to the uniform or person of law enforcement agency personnel and positioned in a way that allows the camera or device to capture interactions the law enforcement agency personnel has with others. (2) Custodial law enforcement agency. – The law enforcement agency that owns or leases or whose personnel operates the equipment that created the recording at the time the recording was made. (3) Dashboard camera. – A device or system installed or used in a law enforcement agency vehicle that electronically records images or audio depicting interaction with others by law enforcement agency personnel. This term does not include body-worn cameras. (4) Disclose or disclosure. – To make a recording available for viewing or listening to by the person requesting disclosure, at a time and location chosen by the custodial law enforcement agency. This term does not include the release of a recording. (5) Personal representative. – A parent, court-appointed guardian, spouse, or attorney of a person whose image or voice is in the recording. If a person whose image or voice is in the recording is deceased, the term also means the personal representative of the estate of the deceased person; the deceased person's surviving spouse, parent, or adult child; the deceased person's attorney; or the parent or guardian of a surviving minor child of the deceased. (6) Recording. – A visual, audio, or visual and audio recording captured by a body-worn camera, a dashboard camera, or any other video or audio recording device operated by or on behalf of a law enforcement agency or law enforcement agency personnel when carrying out law enforcement responsibilities. This term does not include any video or audio recordings of interviews regarding agency internal investigations or interviews or interrogations of suspects or witnesses. (7) Release. – To provide a copy of a recording. (b) Public Record and Personnel Record Classification. – Recordings are not public records as defined by G.S. 132-1. Recordings are not personnel records as defined in Part 7 of Chapter 126 of the General Statutes, G.S. 160A-168, or G.S. 153A-98. (c) Disclosure; General. – Recordings in the custody of a law enforcement agency shall be disclosed only as provided by this section. A person requesting disclosure of a recording must make a written request to the head of the custodial law enforcement agency that states the date and approximate time of the activity captured in the recording or otherwise identifies the activity with reasonable particularity sufficient to identify the recording to which the request refers. The head of the custodial law enforcement agency may only disclose a recording to the following: (1) A person whose image or voice is in the recording. (2) A personal representative of an adult person whose image or voice is in the recording, if the adult person has consented to the disclosure. (3) A personal representative of a minor or of an adult person under lawful guardianship whose image or voice is in the recording. 10 G.S. 132-1.4A Page 2 (4) A personal representative of a deceased person whose image or voice is in the recording. (5) A personal representative of an adult person who is incapacitated and unable to provide consent to disclosure. When disclosing the recording, the law enforcement agency shall disclose only those portions of the recording that are relevant to the person's request. A person who receives disclosure pursuant to this subsection shall not record or copy the recording. (d) Disclosure; Factors for Consideration. – Upon receipt of the written request for disclosure, as promptly as possible, the custodial law enforcement agency must either disclose the portion of the recording relevant to the person's request or notify the requestor of the custodial law enforcement agency's decision not to disclose the recording to the requestor. The custodial law enforcement agency may consider any of the following factors in determining if a recording is disclosed: (1) If the person requesting disclosure of the recording is a person authorized to receive disclosure pursuant to subsection (c) of this section. (2) If the recording contains information that is otherwise confidential or exempt from disclosure or release under State or federal law. (3) If disclosure would reveal information regarding a person that is of a highly sensitive personal nature. (4) If disclosure may harm the reputation or jeopardize the safety of a person. (5) If disclosure would create a serious threat to the fair, impartial, and orderly administration of justice. (6) If confidentiality is necessary to protect either an active or inactive internal or criminal investigation or potential internal or criminal investigation. (e) Appeal of Disclosure Denial. – If a law enforcement agency denies disclosure pursuant to subsection (d) of this section, or has failed to provide disclosure more than three business days after the request for disclosure, the person seeking disclosure may apply to the superior court in any county where any portion of the recording was made for a review of the denial of disclosure. The court may conduct an in-camera review of the recording. The court may order the disclosure of the recording only if the court finds that the law enforcement agency abused its discretion in denying the request for disclosure. The court may only order disclosure of those portions of the recording that are relevant to the person's request. A person who receives disclosure pursuant to this subsection shall not record or copy the recording. An order issued pursuant to this subsection may not order the release of the recording. In any proceeding pursuant to this subsection, the following persons shall be notified and those persons, or their designated representative, shall be given an opportunity to be heard at any proceeding: (i) the head of the custodial law enforcement agency, (ii) any law enforcement agency personnel whose image or voice is in the recording and the head of that person's employing law enforcement agency, and (iii) the District Attorney. Actions brought pursuant to this subsection shall be set down for hearing as soon as practicable, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts. (f) Release of Recordings to Certain Persons; Expedited Process. – Notwithstanding the provisions of subsection (g) of this section, a person authorized to receive disclosure pursuant to subsection (c) of this section, or the custodial law enforcement agency, may petition the superior court in any county where any portion of the recording was made for an order releasing the recording to a person authorized to receive disclosure. There shall be no fee for filing the petition which shall be filed on a form approved by the Administrative Office of the Courts and shall state the date and approximate time of the activity captured in the recording, or otherwise identify the activity with reasonable particularity sufficient to identify the recording. If the petitioner is a person authorized to receive disclosure, notice and an opportunity to be 11 G.S. 132-1.4A Page 3 heard shall be given to the head of the custodial law enforcement agency. Petitions filed pursuant to this subsection shall be set down for hearing as soon as practicable and shall be accorded priority by the court. The court shall first determine if the person to whom release of the recording is requested is a person authorized to receive disclosure pursuant to subsection (c) of this section. In making this determination, the court may conduct an in-camera review of the recording and may, in its discretion, allow the petitioner to be present to assist in identifying the image or voice in the recording that authorizes disclosure to the person to whom release is requested. If the court determines that the person is not authorized to receive disclosure pursuant to subsection (c) of this section, there shall be no right of appeal and the petitioner may file an action for release pursuant to subsection (g) of this section. If the court determines that the person to whom release of the recording is requested is a person authorized to receive disclosure pursuant to subsection (c) of this section, the court shall consider the standards set out in subsection (g) of this section and any other standards the court deems relevant in determining whether to order the release of all or a portion of the recording. The court may conduct an in-camera review of the recording. The court shall release only those portions of the recording that are relevant to the person's request and may place any conditions or restrictions on the release of the recording that the court, in its discretion, deems appropriate. (g) Release of Recordings; General; Court Order Required. – Recordings in the custody of a law enforcement agency shall only be released pursuant to court order. Any custodial law enforcement agency or any person requesting release of a recording may file an action in the superior court in any county where any portion of the recording was made for an order releasing the recording. The request for release must state the date and approximate time of the activity captured in the recording, or otherwise identify the activity with reasonable particularity sufficient to identify the recording to which the action refers. The court may conduct an in-camera review of the recording. In determining whether to order the release of all or a portion of the recording, in addition to any other standards the court deems relevant, the court shall consider the applicability of all of the following standards: (1) Release is necessary to advance a compelling public interest. (2) The recording contains information that is otherwise confidential or exempt from disclosure or release under State or federal law. (3) The person requesting release is seeking to obtain evidence to determine legal issues in a current or potential court proceeding. (4) Release would reveal information regarding a person that is of a highly sensitive personal nature. (5) Release may harm the reputation or jeopardize the safety of a person. (6) Release would create a serious threat to the fair, impartial, and orderly administration of justice. (7) Confidentiality is necessary to protect either an active or inactive internal or criminal investigation or potential internal or criminal investigation. (8) There is good cause shown to release all portions of a recording. The court shall release only those portions of the recording that are relevant to the person's request, and may place any conditions or restrictions on the release of the recording that the court, in its discretion, deems appropriate. In any proceeding pursuant to this subsection, the following persons shall be notified and those persons, or their designated representative, shall be given an opportunity to be heard at any proceeding: (i) the head of the custodial law enforcement agency, (ii) any law enforcement agency personnel whose image or voice is in the recording and the head of that person's employing law enforcement agency, and (iii) the District Attorney. Actions brought pursuant to 12 G.S. 132-1.4A Page 4 this subsection shall be set down for hearing as soon as practicable, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts. (h) Release of Recordings; Law Enforcement Purposes. – Notwithstanding the requirements of subsections (c), (f), and (g) of this section, a custodial law enforcement agency shall disclose or release a recording to a district attorney (i) for review of potential criminal charges, (ii) in order to comply with discovery requirements in a criminal prosecution, (iii) for use in criminal proceedings in district court, or (iv) any other law enforcement purpose, and may disclose or release a recording for any of the following purposes: (1) For law enforcement training purposes. (2) Within the custodial law enforcement agency for any administrative, training, or law enforcement purpose. (3) To another law enforcement agency for law enforcement purposes. (i) Retention of Recordings. – Any recording subject to the provisions of this section shall be retained for at least the period of time required by the applicable records retention and disposition schedule developed by the Department of Natural and Cultural Resources, Division of Archives and Records. (j) Agency Policy Required. – Each law enforcement agency that uses body-worn cameras or dashboard cameras shall adopt a policy applicable to the use of those cameras. (k) No civil liability shall arise from compliance with the provisions of this section, provided that the acts or omissions are made in good faith and do not constitute gross negligence, willful or wanton misconduct, or intentional wrongdoing. (l) Fee for Copies. – A law enforcement agency may charge a fee to offset the cost incurred by it to make a copy of a recording for release. The fee shall not exceed the actual cost of making the copy. (m) Attorneys' Fees. – The court may not award attorneys' fees to any party in any action brought pursuant to this section. (2016-88, s. 1.) 13