3900 GENERAL PROVISIONS

3900.1 The purposes of this chapter are to establish rules for the Metropolitan Police Department's Body-Worn Camera Program ("BWC Program") and to implement Section 3003 of the Fiscal Year 2016 Budget Support Act of 2015, effective October 22, 2015 (D.C. Law 21- 36; 62 DCR 10905 (August 14, 2015)).

3900.2 The intent of the BWC Program is to promote accountability and transparency, foster improved police-community relations, and ensure the safety of both MPD members ("members") and the public.

3900.3 In addition to these regulations, the Chief of Police of MPD may issue policy directives to members; those policy directives shall be published on the Department's website at http://mpdc.dc.gov/page/written-directives-general-orders .

3900.4 Members shall successfully complete MPD-offered or approved BWC training before being issued a BWC.

3900.5 When practicable, members shall inform contact subjects that they are being recorded at the beginning of the contact and shall provide language access services to all limited and non-English proficient persons in a timely and effective manner.

3900.6 Members may record First Amendment assemblies for the purpose of documenting violations of law and police actions, as an aid to future coordination and deployment of law enforcement units, and for training purposes; provided, that recording First Amendment assemblies shall not be conducted for the purpose of identifying and recording the presence of participants who are engaged in lawful conduct.

3900.7 Members shall not create BWC recordings when they are at a school and are engaged in non-critical contacts with students or mediating minor incidents involving students. For the purposes of this subsection, "school" means a facility devoted to primary or secondary education.

3900.8 When reviewing BWC recordings, members shall immediately notify Department officials upon observing, or becoming aware of, an alleged violation of Department policies, laws, rules, regulations, or directives.

3900.9 (a) Members shall not review their BWC recordings or BWC recordings that have been shared with them to assist in initial report writing.

(b) Members shall indicate, when writing any subsequent reports, whether the

member viewed BWC footage prior to writing the subsequent report and specify what BWC footage the member viewed.

3900.10 (a) Notwithstanding any other law, the Mayor:1. (1) Shall, except as provided in paragraph (b) of this subsection:

1. (A) Within 5 business days after an officer-involved death or the serious use of force, publicly release:

1. (i) The names and body-worn camera recordings of all officers directly involved in the officer-involved death or serious use of force ; and

2. (ii) A description of the incident; and

2. (B) Maintain, on the website of the Metropolitan Police Department in a format readily accessible and searchable by the public, the names and body-worn camera recordings of all officers who were directly involved in an officer-involved death since the Body-Worn Camera Program was launched on October 1, 2014; and

2. (2) May, on a case-by-case basis in matters of significant public interest and after consultation with the Chief of Police, the Office of the Attorney General, and the United States Attorney's Office for the District of Columbia, publicly release any other body-worn camera recordings that may not otherwise be releasable pursuant to a FOIA request or paragraph (a)(1)(A) of this subsection.(b) (1) The Mayor shall not release a body-worn camera recording pursuant to paragraph (a)(1)(A) of this subsection if the following persons inform the Mayor, orally or in writing, that they do not consent to its release:1. (A) For a body-worn camera recording of an officer-involved death, the decedent's next of kin; and

2. (B) For a body-worn camera recording of a serious use of force, the individual against whom the serious use of force was used, or if the individual is a minor or unable to consent, the individual's next of kin.(2) (A) In the event of a disagreement between the persons who

must consent to the release of a body-worn camera recording pursuant to subparagraph (I) of this paragraph, the Mayor shall seek a resolution in the Superior Court of the District of Columbia.

(B) The Superior Court of the District of Columbia shall order the release of the body-worn camera recording if it finds that the release is in the interest of justice.

(c) Before publicly releasing a body-worn camera recording of an officer-involved death, the Metropolitan Police Department shall:

(1) Consult with an organization with expertise in trauma and grief on best practices for providing the decedent's next of kin with a reasonable opportunity to view the body-worn camera recording privately in a non-law enforcement setting prior to its release; and

(2) In a manner that is informed by the consultation described in subparagraph (1) of this paragraph:

(A) Provide actual notice to the decedent's next of kin at least 24 hours before the release, including the date on which it will be released;

(B) Offer the decedent's next of kin a reasonable opportunity to view the body-worn camera recording privately in a non-law enforcement setting; and

(C) If the next of kin accepts the offer in sub-subparagraph (B) of this subparagraph, provide the decedent's next of kin a reasonable opportunity to view the body-worn camera recording privately in a non-law enforcement setting.

SOURCE: Body-Worn Camera Program Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0083; 63 DCR 774 (January 22, 2016)); as amended by the Comprehensive Policing and Justice Reform Amendment Act of 2021, effective April 21, 2023 (D.C. Law 24-345; 70 DCR 000953 (January 27, 2023)); as amended by the Fiscal Year 2024 Budget Support Act of 2023, effective September 6, 2023 (D.C. Law 25-50; 70 DCR 010366 (July 28, 2023)).