Adm-35-49 Flashcards
(137 cards)
1
Q
What does ADM 35 have to do it?
A
Body worn camera and Cruiser Mounted Cameras
2
Q
What was the policy and why did the MSP implementing body worn camera and Cruiser mounted cameras?
A
- To enhance placing transparency
- Increase public trust
- Help foster police community relations through public facing recordings
3
Q
What is the definition of public facing BWC/CMC recordings?
A
Effective tools to preserve member in civilian interactions. These recordings are also effective in capturing video and audio evidence for using criminal and internal investigations as well as member training.
4
Q
What’s the definition of (RATF) record after the fact?
A
RATF or record after the fact is an audio and or video only recording feature that may be included in the body warn cams and the cruiser mounted camera system. Our ATF captures events that occur all the camera system is powering on even if not actively recorded by a member.
5
Q
What is the policy of the body worn camera and Cruiser much cameras?
A
The purpose of this policy is to establish guidelines for the proper use, management, storage, and retrieval of video and audio data recorded by BWC/CMC’s
6
Q
ADM-35 under purpose What’s the department policy regarding BWC’s?
A
To respect the privacy interest of all persons in the commonwealth while ensuring professionalism in the workplace.
7
Q
What is important to know about BWC/CMC footage?
A
It is subject to the Massachusetts public records law 66 section 10 and unless the recordings falls within one of the exemptions noted the department will release the footage upon request and compliance with such law.
8
Q
What must all members to for BWC?
A
All members shall successfully complete department approved training in operation of the system in this policy.
9
Q
What shall not happen with BWC’s?
A
BWC’s shall not be Activated remotely buy a supervisor.
10
Q
ADM-35 When shall members activate the BWC?
A
Member shall activate it in conjunction with law official law-enforcement duties:
- Regular tours of duty
- Overtime assignments
- Paid details where proper use of recordings are consistent with his policy in proper performance of duties.
11
Q
When is the only time a member is not expected to turn on the BWC?
A
If there is a immediate threat to a Members life or safety making BWC activation impossible or dangerous. The member shall activate the BWC at the first reasonable opportunity to do so* when the situation calls for it.
12
Q
How long is a buffer for when you activate the BWC?
A
There is a 30 second buffer where the camera records prior to the activation for video only.
13
Q
When is every member required to record with BWC’s?
A
Every member is required to record contact with civilians, regardless of the number of BWC’s present and recording at scenes.
14
Q
List some examples of when BWC’s records?
A
- Any vehicle. Our interactions with motorists
- All Dispatch calls for service
- Initial responses by members
- All traffic safety and sobriety checkpoints and during all fields Friday testing
- During all searches of persons incidents to arrest including inventory and K-9 searches
- Incidents of emergency response driving in pursuit driving however BWC recordings do not be used if the Cruiser Mounted Camera is recording
- When any contact becomes adversarial including use the force incidents or any other Civilian contact official duty that the member reasonably believes should be recorded.
-when a member reasonably believes a lawful/peaceful crowd, control public event with transition into unlawful activity or an incident.
-any contact that becomes adversarial, including a use of force incident
-any other civilian contact or official duty circumstance that the member reasonably believes should be recorded in order to enhance public transparency
15
Q
When are BWC Members not required to wear activate BWC’s?
A
Anytime there in department facility or areas where general access is restricted or prohibited. However booking procedures shall be recorded.
16
Q
How are CMC or Cruiser mounted cameras activated?
A
CMCs are video only and may be activated by member initiated recording or auto record triggers. Audio of CMC recordings Is provided by the BWC only when the BWC member is present and recording. All CMC shall be programed with auto record triggers after five seconds and will automatically activate recording.
17
Q
What are examples of auto record triggers?
A
Any activation of emergency lighting, siren use, crash detection, gun rack opening/patrol rifle, and dog door opening.
18
Q
When is the member permitted to turn off the CMC cameras?
A
If the member is in the facility of his or her home in which they are permitted to turn it off to avoid auto record triggers of gun rack opening in patrol rifle and dog door opening. May also turn off CMC recordings when auto record trigger vent does not coincide with the scenario requiring recording. For example emergencies lights are on for the members working in a fixed post assignment or detail.
19
Q
What happens if the CMC system does not automatically activate by an auto record trigger?
A
When event recording is required the member shall activate the device by pressing the “record”button.
20
Q
How long is the buffer for the CMC prior to recording?
A
The CMC has a one minute buffer which means that one minute prior to the activation of the CMC will also be recorded/Retrievable as video only, Unless the BWC is activated during the time frame to provide audio.
21
Q
What happens of the member does not activate the CMC?
A
Members failing to record it required incident shell document the circumstances in applicable report and articulate the reasons incident was not recorded.
22
Q
When shall members activate the CMC?
A
They shall activate the same see in conjunction with official law-enforcement duties while:
- On regular tours of duty
- Overtime assignments
- Pay details where it’s appropriate for performance of duties to be recorded
23
Q
When may a member NOT activate the CMC?
A
If there’s immediate threat to a member’s life for safety, making the CMC activation impossible or dangerous, the member shall activate the CMC at the first reasonable opportunity to do so when such situation calls for the activation. Period
24
Q
What is every member required to do?
A
I remember is required to record contact with civilians regardless of the number of CMC and or BWC’s present in recording during the following scenarios:
- Traffic and criminal enforcement stops
- Violations in progress
- Pursuits
- Investigative stops, interviews, observations consensual stops or reasonable suspicion stops
- Emergency response driving
- Escort or motorcade driving
- Safety cars at traffic safety or sobriety checkpoints unless directed by a supervisor to shut them off
- Prisoner transport
- Transport of individuals other than prisoners unless department member or government official
- Any other incident members deem appropriate while acting in the performance of official duties
25
What do we need to know about notice of recordings?
BWC/CMC members shall make every effort to inform the citizen that they are being recorded unless is an immediate threat to the members life received. Members should make every effort to notify siblings with language such as ma’am or sir I am advising you that our interaction is being recorded.
26
What do we need to know about consent to record?
Members are not required to obtain consent to record. If a civilian has requested that the member stop recording, members have no obligations to stop according if the recording is initiated under the circumstances identified in the PWC/CMC activation and incident abuse. Civilians request to turn it off should be recorded as well as the members response.
27
What do we need to know about recording within a residence?
Members recording in residence Shall not record beyond what is necessary for the survey in contact and not use a BWC as ***exploratory intent*** an effort to create inventory of items at the residence. Members are not required to obtain consent to record but must provide notice of recording. A civilians request to turn it off should be recorded as well as the members response.
28
What do we need to know about recording of victims or witnesses?
If a member is in range of a victim or witness was given their first account of a crime the member shall record encounter with notice to the victim or witness. However should the member determine the investigation or inquiry will be impeded by continuing to record member has a discretion to turn it off as long as necessary together the information. The membership state the reason for turning off the BWC prior to doing so.
29
What do we need to know about audio only recording?
Intentional obstruction of video recordings while allowing audio recordings only is strictly prohibited. Due to the possibility of violating legitimate privacy expectations, inadvertently recording protected conversations or unintentionally violating the interception of wire in oral communications under chapter 272 section 99, all Camera pre-and post event buffers shall be configured so they do not record audio.
30
ADM-35 What do we need to know about pause or deactivation of the BWC or CMC?
The cameras once they are activated the recording shall continue uninterrupted until unless event has pause to concluded. To the extent possible prior to pausing or deactivating a camera the membership state the reason for doing so.
31
What are some examples of when an event shall be considered paused or concluded?
- Victim indoor witness contact has paused for concluded
- All persons stopped have been released or left, or rested person has arrived at the barracks for booking.
- The member determines investigation or inquiry will be impeded by recording
- Camera member a positive recordings for consulting with other law enforcement members who supervisors to discuss the following:
- Training purposes
- Recording could under mine, reveal or disrupt strategy your plans of an ongoing investigation
- Could jeopardize secrecy, safety or security of victims, witnesses, confidential informants, undercover members, swarm members, or members of the public or
- For other legitimate law-enforcement related reasons.
32
What should be noted about pausing the BWC?
Pausing the BWC does not pause the CMC. Both systems must be paused independent of each other but it does stop the Audio feed from recording from the BWC.
33
When should the BWC be paused?
- the incident has concluded
- Incident or event of such duration that deactivating the BWC is necessary to conserve available recording time or
- The member is ordered to do so by a supervisor
34
What should all BWC members be responsible for?
At the beginning of each shift, the BWC member shall do the following:
- Ensure issued equipment has a charge battery and it’s functioning properly
- Notify supervisor when there is a malfunction or damage to BWC
- Shall only use MSP issued approved BWC technologies
- Shall wear BWC in a manner that does not abstract or intentionally defeat the purpose of the BWC policy.
35
While on duty which of the BWC member do?
BWC member shall activate the BWC record as outlined in sections above
- Properly tag/classify recordings for retention and
- Document the existence of a BWC recording and written narratives.
36
What happens of a member fails to properly activate the BWC?
Member should document the circumstances and reason for the incident or if known to the member should an incident or arrest report of interaction be made. In the event that an incident or arrest report was not created the circumstances and reason for the failure to properly activate should be logged in the daily administrative journal.
37
What does a member have to do for docking are uploading requirements of the BWC?
BWC best practices is as follows:
- Prior to the end of shift each member places has PWC in docking station. Docking station will charge PWC’s battery and transfer video data to the storage system
- Each member shall place PWC in a docking station ***no less than one time per week *** and upload all of their video doubt it in the evidence management system unless otherwise directed by the station/unit commander
- The member shell ensure all uploaded videos are probably tagged and classified in the evidence management system for retention
- Before going on any plan leave a one week or more each membership place BWC a docking station and upload all of the video data
- If member becomes aware that the process is not occurring or there’s a malfunction the member shall immediately notify his or her first line supervisor.
38
What is the members responsibility for cruiser mounted cameras?
In general the CMC systems will follow the same procedures as BWC’s. Basically ensure they’re in good working order, immediately report any malfunction or damage, activate and record as directed, and upload recordings.
39
What are the supervisor responsibilities for the BMC/CMC?
- Ensure all members assigned to a BMC utilize it in accordance with this policy
- Upon notification of malfunction supervisors will remove the BWC/CMC from service report the malfunction to the ***management information section*** and issue a spare unit we are available and
- Access the WC/CMC recordings during the course of duties in accordance with policy internal access or review.
40
What do we need to know about internal access a review?
-BWC/CMC and the recording shall not be used for the purpose of harassing members of the public, sworn members, or department employees.
41
When do members have access to BWC footage?
Members may review the footage prior to making any statements are producing any reports. All members shall also have reasonable access to this footage MA review the footage, prior to making a statement that could reasonably be seen as resulting in a disciplinarian action.
42
What happens of a member refuses to make a statement after being provide reasonable access to the BWC/CMC recordings.
The department may take administrative action against member for refusal to cooperate with investigation, or make statements or reports. If members refused to make statements after hearing the recordings Trooper shall not take action against members for failing to make a statement but could be pursued for underlying the event in refusal to cooperate with an investigation.
43
ADM-35 When should members access or footage?
- Members and other members of the department me review BWC recordings as they relate to involvement in the incident for the purpose of completing an investigation report. To help ensure accuracy of the members are encourage to review the BWC recordings prior to preparing the reports.
- When they’re providing testimony in court I could help to refresh the memories, members shell inform prosecuting attorneys weather the member has reviewed the footage or not prior to court
- Members may view their footage providing a statement pursuant to an internal investigation including members involved shooting, and other critical investigations as outlined in BWC/CMC member access to footage. Following an officer involved shooting.
44
What should we know about footage for member access following an officer involved shooting?
Following an officer involved shooting or use of deadly force, members including supervises ***shall not view the BWC recordings prior to the force investigation response and support team “first “and or state police detective unit members viewing the recordings and uploading it to the system***. This shall not apply were exigent circumstances exist such as the members being injured or where BWC recordings be reasonably provide identifying a suspect or other pertinent time sensitive information that may be valuable in addressing that exigent circumstances in a timely manner. All members involved in an officer involved shooting or other use of deadly force shall be authorized to view all BWC/CMC recordings prior to a walk-through and or statement.
45
How is a BWC recordings collected following an officer involved shooting or use of deadly force?
The first team personnel and or SPDU of jurisdiction shall be responsible for collecting and securing the BWC/CMC from all involved members and witnesses at the earliest opportunity. The first team personnel and SPDU shall download all involved recordings that are uploaded into the system. Consistent with Evidence and preservation protocols. The BWC it will be returned to members once the digital files have been uploaded into the system.
46
What do we need to know about non-BWC CMC member access to footage?
Non-BWC/CMC members were not supervisors as defined in Supervisor access to footage, who wish to access recordings do this by the following:
- Written or verbal permission of a supervisor or
- in accordance with internal access review and BWC/CMC member access to footage following an office involved shooting and only if required to to produce a report make a statement provide testimony or for training purposes. The member shall either submit a verbal or written request via To/from or email with the member supervisor. Approval of such request must be documented by Supervisor or Duty Lt in writing via To/From, DAJ entry, or email. In approvals of such request must be documented in the DAJ by the supervisor on duty Lt staying the name of the requesting Officer, they’re approving supervisor and the scope of the request for example member, date and time of footage.
47
If access to BWC footage of a member is requested what happens
The member is notified at the time of the request and approval.
48
What do we need to know about access to footage?
The Colonel, the W superintendent, and any division commander or his of her designee in the ranks of major, detective captain in captain may review body worn camera or cruiser mounted camera recordings for any reason at any time. Any non-commissioned or commissioned officer conducting a personal investigation they also review the BWC recordings pertaining to the investigation.
49
Nothing in this policy shall be construed to prohibit access to recordings for what purpose?
Nothing shall be construed to prohibit the department chief legal counsel, legal division, and record unit access to BWC recordings for legitimate legal purposes such as we’re not limited to:
- Public records request
- Court orders
- Litigation
- Freedom of information act requests
- Discovery requirements
50
What does the department in spam have to do regarding request?
The department in spam will make mutually good faith effort’s to know if I want another if either anticipates the BWC footage may be published by any media outlet.
51
Who makes periodic reviews of BWC in CMCs?
Opia or the office of professional integrity and accountability shall conduct periodic reviews to ensure that the BWC’s and CMCs are being used appropriately.
52
What do we need to know about BWC and CMC footage
This footage is a property of the department and maybe use for training purposes. Any member coordinating training may 40 a request to the division of standards and training to use BWC For sli CMC footage for training purposes. Prior to use involve member she’ll be notified of intended use the footage and given an opportunity to provide input, including any objections.
53
What do we need to know about external access to body worm cam or CMC recordings?
These recordings are related to ongoing investigations or in support of a prosecution shall be provided by the state police legal section to the applicable law-enforcement entity in accordance with a DM Dash 16 notifying prosecuting agencies regarding evidence.
54
What happens if a member receives a subpoena for BWC recordings?
The member shell direct the subpoena as soon as practicle to the state police legal section.
55
What happens if BMC recordings a request by members of the media?
Number she’ll direct them to the legal section, with a copy of the director of office immediate relations. All other request for BWC recordings including victim witness request shall be directed to legal section. Members are reminded of the requirements of the rules and regulations of dissemination of information article 5.23.
56
How long are BWC recordings retained?
No BWC or CMC footage or recording shall be deleted or destroyed while any related investigations are still open or pending. Similarly no BWC footage or recording shall destroyed until appeals or related litigation is exhausted and closed. The department shall retain all other BWC footage or recordings based on five schedules.
57
What are five schedules that BWC/CMC footage is retained?
Schedule I, Schedule II, Schedule III, Schedule IV, Schedule V.
58
ADM-35 What is schedule one retention?
Indefinite retention for: -death investigations
- Motor vehicle accident resulting in death
- Sexual salt/abused persons
59
What is Schedule II retention?
Ten-year retention for the following:
- Use of force
- Felony
60
What is Schedule III retention?
Six-year retention
| -Misdemeanor
61
What is the Schedule IV retention?
Three-year retention for the following:
-Motor vehicle accidents with personal injury
-Investigate person-Member responding to a call
-Investigate premise-Member responding to a call
-Significant event-Public safety
-Traffic stop
-Member initiated encounter/field interview observation (FIO)
-
62
What is Schedule V retention?
One year retention for the following:
- Motor vehicle accidents with property damage only
- No report – dispatch/on site
- Civilian transport without arrest
- Test/training
63
ADM-35 What do we need to know about request to delete videos?
Camera system will not allow members to delete recordings. All recordings that do not fall within retention schedules BWC/CMC Recording Retention shall be retained for 30 days.
- In case is in which a recording has been requested for litigation, the DAs office or departments legal § shall we notified and the request show me your dress pursuant to evidenriaey rules of court
- In the event of purely accidental activation, the member may request a video file be deleted.
64
If a member accidentally activates his camera how does a member request the radio be deleted?
Member shall submit an email request with sufficient information to the Troop/Section/unit commander who shall receive the recording to confirm it’s an accidental recording. If it contains outfit is required for submission is Evidence the Troop/Section/unit commander shall submit the request an approval in writing to include email, to the BWC/CMC system administrator. That person shell delete the file and document the reason for deletion in authorizing authority in the audit log. Also video files record by members as part of training maybe routinely deleted by the BWC system administrator with her approval of the division commander of administrative services.
65
What shall be BWC’s not be used to record?
- Breaks or anytime you’re not in service
- Any personal conversations
- Non-work related personal activity specially locker rooms dressing rooms or restrooms
- During briefings or rollcalls
- Encounters with undercover members of confidential informants
- During any department meeting work groupers training
- Communications with other law-enforcement agencies
- A telephone conversation **except in accordance provisions with state and federal law***
- During strip searches.
66
What do we need to know about improper use of dissemination of BWC recordings?
All recording footage is the property of the department. Employees may not disseminate any footage unless approved by the Colonel the legal service section or be disseminated in the course of their official duties. BWC recordings shall not be used for the purpose of ridiculing or embarrassing other employees or persons, randomly reviewed for disciplinary purposes, or copied/film, photograph, reproduced in any fashion by an employee other than the course of their official duties in with the supervisor approval. For example using the person electronic device to copy it.
67
ADM-35 What do we need to know about prosecutorial in court ordered restrictions.
Access to recordings of footage or subject to Allstate in federal laws and that the orders of any court of competent jurisdiction. BWC footage shall be preserved and stored, and retained in accordance with request, directions, an order of appropriate prosecutorial and or jurisdictional authorities.
68
What do we need to know about vendor changes to the BWC and CMC?
Technology is to constantly changing and vendors routinely add new features. Only those features features approved and excepted by the Colonel shall be utilized for the Departments video systems
69
What is General order ADM – 46 have to do with?
Sexual activity in public places.
70
ADM-46 What’s the definition of sexual conduct?
The exposure a touching of the genitals, buttocks, or female breasts for the purpose of sexual Arousal, gratification or offense, or public solicitation to engage in such conduct in a public place.
71
ADM-46 What’s the definition of a public place?
A place where a person engage in sexual contact nose or recently should know that there’s a substantial risk that his or her sexual conduct will be observed by a casual passerby.
72
What do members have to pay particular attention to four ADM-46 sexual activity in public places?
Members shall pay attention to the elements of various offenses to make determination to arrest offenders for engaging in sexual conduct or public property example rest areas or parks. All of the elements of the offense shall be met in order to charge an individual with the offense. Most criminal complaints involving sexual conduct on Commonwealth lands generally alleged violations of Mass General laws.
73
ADM-46 What are the most complaints dealing with sexual activity in public places?
- MGL chapter 272 section 16 open in gross lewdness
- MGL to 72 section 35 unnatural acts
- MGL to 72 section 53 indecent exposure and lewd and lascivious behavior
74
ADM-46 Go over MGL 272 s16 for opening gross lewdness?
To sustain a conviction for opening gross lewdness, commonwealth must provide five elements. They are the following:
1) The defendant expose their genitals, buttocks, or female breasts to one or more persons
2) They did so intentionally
3) They did so openly with the intent of exposing themselves or in reckless disregard or substantial risk of public exposure to others who might be offended by such conduct
4) The defendants act was done so in such a way to produce alarm or shock and
5) That one or more persons were in fact alarmed or shocked by the defendant exposing themselves. Member should identify at least one witness who is not a police officer to satisfy this requirement.
75
ADM-46 Go over MGL chapter 272 s 35 Unnatural Acts?
The contact must:
- Occur in a public place
- Involve oral contact with the genital or anal area, anal intercourse or masturbation of another person or any other intrusion of a part of one persons body or some other object into the genital or anal opening of another persons’ body
- Be done intentionally or reckless disregard that others may observe the contact and be offended
76
Go over MGL 272 s 53 Indecent Exposure and Lewd and Lascivious Behavior.
In charge of lewd and lascivious behavior requires both:
- The sexual conduct must occur in a public place and
- That it be by a person who knows or should’ve known of the presence of another person or persons who may be offended by the conduct.
77
ADM-46 What does chapter 272 s 53 also prohibit?
Public solicitation of conduct to be performed in a public place, when
-The conduct committed or solicited involves touching of the general genitals, buttocks, or female breast for the purpose of sexual arousal, gratification or offense.
78
ADM-46 What’s a Procedure for MSP’s members for these charges and elements?
The members are free to approach or make inquiries to persons in public areas. Inquiry however shall neither explicitly or implicitly assert that the person must respond to their inquiries. The person cannot be arrested for/ -failing to respond
- on mere suspicion
- for failing to give an account for which satisfies member, or
- because of past offenses.
79
ADM-46 What shall members not do while making inquiries to people in public areas?
Members shall not order someone to leave a public area in the absence of unlawful conduct.
80
ADM-46 When shall a member do an investigatory stop or brief detention?
They should only do these things based on reasonable suspicion. And an arrest shall be based on probable cause
81
What is General order ADM – 49 have to deal with?
Deaf or hard of hearing individuals
82
ADM-49 What’s policy for deaf or hard of hearing individuals?
In accordance with Americans with disabilities act, the mass state police is committed to serving all individuals according to their needs. The department recognizes its obligations to provide necessary aids or services and is committed to meeting those names. Individuals who are deaf or hard of hearing or entitled to level of service equivalent to that provided to other individuals without disabilities.
83
ADM-49 What’s the definition of auxiliary aids and services?
Various types of communication aid services people who are deaf or hard of hearing to communicate effectively. And example of this could include the following:
- Qualified interpreters on site or through VRI (video remote interpreting) services
- Notetakers
- Real time computer aided transcription services
- rent materials, exchange of written notes, telephone handset amplifiers amplifiers, assist of listening devices or systems. TTY switches text telephones, video phones and captioned telephones or any other device or effective method of making aurally delivered information available to individuals were deaf or hard of hearing.
84
ADM-49 What’s the definition of deaf or hard of hearing?
An individual who has was regarded as having substantially limited hearing with or without assistance within the meaning of the ADA.
85
What is the ADA in deaf or hard of hearing individuals?
Americans with disabilities act
86
What is the definition of lip-reading?
It’s also referred to as speech meeting. The ability to use information came from movements of the lips, face, and body to increase understanding.
87
ADM-49 What’s the definition of a qualified interpreter?
An interpreter who, via a video remote interpreting service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively using any necessary specialized vocabulary. Qualified interpreters include for example sign language interpreters, oral translators, and cute language trans literators.
88
ADM-49 What is MCDHH?
Massachusetts commission for the deaf and hard of hearing. It is the state agency that determines who is qualified as an interpreter for the Msp
89
ADM-49 What’s the definition of sign language?
Communication to the use of standard hand or fingers signs or gestures. American Sign Language or the ASL as a form of sign language frequently used in the US. Science conveys concepts or ideas or even signs may stand for separate English words. Signing individual letters by fingers can supplement sign language.
90
What does ADM 47 have to deal with?
Bias- based policing
91
ADM-47 What is the policy of bias-based policing?
MSP is committed to protecting the constitutional and civil rights of all citizens.
- MSP is committed to bias-free policing
-members are prohibited from engaging in bias-based policing
-members shall receive annual training in bias- based policing to include legal aspects, and consequences
-The Dept does not endorse, train, teach, support or condone stereotyping, bias-based policing
-specific incidents, members are prohibited from considering the race, national origins, ethnicity, sexual orientation/identity, socioeconomic status, religion, immigration, status, and or age, gender, identity, or expression, cultural group, or disability of members of the public in deciding to detain a person for stopping vehicle or any kind of law-enforcement action.
92
ADM-47 What is the purpose of the bias- based policing policy?
Bias-based policing is illegal in in in effective method of law-enforcement. It’s results in increased safety risk to members and citizens. They misuse of valuable police resources. More importantly such and proper methods violate the civil rights of members of the public and may lead to increased liability. The state police is committed to bias-free policing.
93
ADM-47 What is the definition bias-based policing?
Any prohibited pattern or practice including but not limited to stopping, detaining, questioning, frisking, and searching by police officers that is based on a generalize belief that a person of a particular race, ethnicity, national origin, gender or other characteristic is more likely to commit certain types of crimes. This type of inappropriate reliance on certain characteristics is strictly prohibited.
94
ADM-47 What is suspect specific incidents?
An incident in which a member is lawfully attempting to detain, Abrehend, or otherwise be on the lookout for one and more specific suspect has been identified or described in part by national or ethnic origin, gender, race, religion, sex, sexual orientation etc. or by any other protective characteristic.
95
ADM-47 How does the department prevent bias-based policing?
They do this by the following:
- Provide training programs to ensure employees receive training on by space practices, implicit bias, and the standards established by this policy
- Ensure that this policy Is disseminated to all members, dispatchers an appropriate civilian employees
- Continuously review and wear appropriate, revise all procedures that involve the stop, detention, apprehension, or search of individuals to ensure that procedures are in compliance with the law and this policy
- Continuously review performance recognition and evaluation systems
- work with EOPSS and the registry of motor vehicles to educate the public on what is expected when a person is stopped or detained by the state police. This is as well as what the officers expectations are during the motor vehicle Stop or detainment, to ensure both officer and citizen are acting safely.
96
ADM-47 in this policy What does EOPSS stand for?
Executive office of public safety and security.
97
ADM-47 How will the department enforce the provisions of the bias-based policy?
- Take appropriate and timely action to investigate allegations of bias based policing and
- Take appropriate and timely measures to correct any institutional practice or policy that may support or lead to the use of bias-based policing.
98
ADM-47 what are the responsibilities of the division of standards and training for bias-based policing?
- Promote professionalism
- Ensure all employees receive training on the prevention and elimination of bias- based policing
- Utilize appropriate citizen complaint procedures to document and investigate allegations
- Assist supervisors to identify and modify potentially problematic behavior
- Investigate referrals from EOPSS
99
What’s the responsibilities of the Colonel for bias-based policing?
Colonel shell promote the departments commitment to preventing in eliminating this behavior
- Ensure all employees comply with this policy
- Address instances of noncompliance with his policy
- Ensure the continuing analysis in public release of analysis related to interactions with a community members
100
What are the responsibilities of the supervisors for bias- based policing?
Supervisor shall monitor members conduct to ensure the standards of policing is met
- Ensure the members collect data on race, gender, and searches in accordance with laws and TRF – 08 citations and
- Take positive steps to identify, prevent, and illuminate any instances of biased based policing by numbers
101
ADM-47 What are the members responsibilities for biased based policing?
Members shall provide everyone with fair and impartial police services consistent with the constitutional and statutory mandates
- Respect the diversity and cultural differences of all people
- Uphold the departments commitment to lawful and non-discriminatory enforcement that promotes public safety, trust and confidence
- Properly report any instances of biased based policing to a supervisor
- Take affirmative and positive steps to identify, prevent, and illuminate any instances of biased based policing by other members.
102
What are the general considerations and guidelines of the deaf or hard of hearing individuals according to ADM – 49?
If a member has any reason to believe that a person is deaf the member must advise a person of appropriate services that could be offered to them.
-Never assume that the person understands what does being communicated
-Communication problems may result in violations of their civil rights
-Some deaths in heart of hearing persons have limited written language skills particularly involving legal warnings therefore members should never assume communication is being understood
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ADM-49 When you encounter a deaf or hard of hearing person what do you have to keep in mind?
- Deaf persons be attempt to gain the attention of a member by touching him or her when they are not facing them. You should never interpret this as offensive or possibly threatening behavior
- Never assume a person is understanding communications
- Never assume a person wearing hearing aids can hear
- When someone is identified as deaf or hard of hearing number should attempt to determine the preferred means of communication
- Deaf or hard of hearing may require additional time to respond to commands, instructions, and questions.
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ADM-49 What are some indications that a person is deaf or hard of hearing?
- Bumper stickers, rear window decals, or visor notices indicating disabilities
- Failure of a person to appropriately respond to spoken commands or signals
- Use of signs, hand signals, or gestures in attempt to communicate
- Display of cards by person noting they have a hearing disability
- Needing to see a persons face directly in order to attempt to lip reas
- Is evidence of devices such as hearing aids, implants or picture symbols and
- Evidence of behaviors that indicate an individuals not receiving effective Kuhnemann communication to include increased agitation, irritability, low frustration levels, Withdrawal, or decreased attention
* Members should also be aware that some persons were deaf of heart of hearing mail so suffer from inner Your impairments that can affect their balance, speech or speech may be slurred or difficult to understand.*
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ADM-49 What do you need to know about person who can lip read?
- Members should select a location that minimizes interferences ans distractions
- Face a person so the eyes and mouth are clearly visible
- Stand 3 to 6 feet from the person
- Avoid excessive body movement
- Speak only after getting the persons full attention
- Make questions and instructions short and simple
- Speak clearly and slightly slower than usual
- Be prepared to repeat oneself
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What should you not do to a person who could lip read or is hard of hearing or deaf?
- Don’t shout or use exaggerated mouth movements
| - Understanding could be degraded by presence of facial hair or items in the mouth such as chewing gum
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What do members keep in mind for sign language use?
Members should not rely on family members or friends for sign language interpretation due to the potential emotional involvement, conflict of interest, and legal requirements.
- A family member or friend may be asked to interpret for desperate individual where there is an urgent need to communicate immediately and they are the only option
- Nonemergency situations in the adult family member or friend may interpret if the deaf person request that arrangement, the other person agrees, and it is appropriate under the circumstances
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What are the interpreter requirements?
Chapter 221 section 92A requires a police department to provide and pay for services of a qualified interpreter for a deaf person whenever a deaf person is arrested.
- Members should be certain that when a deaf person execute a waiver, such person does so knowingly, intelligently, and voluntarily
- Simple enforcement situation such as traffic stops, drivers license checks, or consensual police public encounters a nopad and pencil may provide effective communication for those who are deaf. Member should document the steps they took after the encounter.
- During questioning or interrogation of a suspect in a criminal case a qualified sign language interpreter is almost always required.
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ADM-49 What are some methods that can be used in the field for deaf or hard of hearing individuals?
Some sufficient methods in the field may be as follows:
- Hand gestures or visual aids
- Exchange of written notes or communications
- Verbal communication with an individual who can Liprie by facing the individual in speaking slowly and clearly
- For the use of a computer, wordprocessing, personal handheld devices or similar devices to exchanged text messages are sufficient.
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ADM-49 What do you need to know about arrest for deaf people?
When a deaf person may be subject to arrest that the member should consider exercising discretion and utilizing alternates to arrest to include application for criminal complaint instead. This will obviously depend on the facts and circumstances of the case. A qualified interpreter need not be available for an officer to rest were probable cause is established independently of interrogation
- If interrogation is needed for probable cause an interpreter will be required except an emergency situation’s.
- All essential communications with the suspect should be completed prior to the application of handcuffs if possible.
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ADM-49 What do you need to know about booking a deaf person?
When booking a deaf person members may communicate with the person being booked in order to maintain minimal necessary information through the following means:
-Written communications
-Verbal communication if possible
-Pinyan of the suspect acts as an interpreter if requested by the suspect
-Noncertified interpreter for
-A certified interpreter
-Remember should advise a deaf person of his or her rights pursuant to the Miranda and all other required race through a qualified interpreter to appropriately ensure that the waiver of those rights are deemed valid by court
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ADM-49 What do you need to know about field sobriety test him for a deaf or hard of hearing individuals?
Some deaf or hard of hearing have reduce verbal communication skills, speech may be incoherent or otherwise resemble intoxication. Some individuals may also have difficulty with equilibrium which would impact your ability to perform a balance test. Members administering test should avoid evidentiary questions that may require an interpreter. If applicable members must document in the reports and any other extenuating circumstances that impact administration of field sobriety test.
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ADM-49 Where do you find interpreter contact information?
Situation involving the need for interpreter a request Shelby made through the Massachusetts commission for the deaf and hard of hearing (MCDHH)
-You may call the phone number or the emergency after hours phone number. Also online request may be submitted.
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What does ADM-41 have to do with?
Telephone use/access
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ADM-41 policy for telephone use?
Define the proper use of all department, telephone performs, communication, including voice, text, multimedia, and native or third-party applications on a cell phone. All department issued phones are intended for business use only.
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ADM-41 heading to department employees how should they use the telephone?
-all telephone related communication shall be conducted in the professional manner
-Are you subject to public record law and litigation related discovery
-Telephone list is subject to audit and review by the department
-Phones shall not be utilized to second radio communication in the ordinary court of duty, except an exit circumstances or where the safety to the officer could be compromised.
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ADM-41 heading to department employees how should they use the telephone?
-all telephone related communication shall be conducted in the professional manner
-you are subject to public record law and litigation related discovery
-Telephone list is subject to audit and review by the department
-Phones shall not be utilized to second radio communication in the ordinary court of duty, except an exit circumstances or where the safety to the officer could be compromised.
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ADM-41 what do we need to know about equipment and access to department phones?
Only department issued equipment shall be connected to the department phone lines
-Department employees meeting no use of department telephone number for teleworking or other legitimate business purposes must be submitted in writing and request approval through appropriate. Channels.
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ADM-41 what shall all employees advise people on the phone?
Shall advise that all incoming or outgoing telephone calls including 911 calls or local dispatch center calls I subject to audio voice recording.
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ADM-41 if you need a foreign language interpreter?
You should call Tele-language (833)-254-4575
-The language needed when prompted
-state your barracks name
-to be connected to an interpreter
-An administrative journal entry indicating the use of interpreter
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ADM-41 department issued telephone phones?
Department issued cell phones are restricted to employees or units who require the use of a cell phones for their job. -employees may make use of personally assigned cell phones for personal calls or other use but maybe liable to cost associated with.
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ADM-41 press a department issued cell phone?
-request for cell phone through channels in writing to the chief administrative officer (CAO).
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ADM-41 do employees have to do when they are issued a cell phone?
-Sign for issued equip
-if you lose your phone advise through the channels to the Chief Administrative Officers that your cell phone is lost, stolen or damaged
-upon separation or transfer from the department assignment, which uses a cell phone immediately return cell phone to asset management or submit new request to retain the cell phone.
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ADM-41 what do employees have to know about personally own cell phones?
-members shall not use personal cell phones to document evidence
-Maybe subject to Litigation discovery, if you
-Department business, including, but not limited to voice recordings, call history, text and multimedia messaging, photos, videos, and native or third-party application. Department members shall limit when practical cell phone use during workout while in public view.
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What does ADM – 36 deal with?
Diversity and Equal Opportunity
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In ADM-36 what is the policy for diversity equal opportunity?
The department prohibits discrimination in employment on the basis of race, color, religion, religious creed, national origin, in the history, gender, gender, identity, sexual orientation, protected, veterans status, age, and disability.
-The department is required and limited by state and federal law remain committed to ensure equitable participation of minorities, women, veterans, including Vietnam, error, veterans, and person with disabilities in all of its operations.
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Is the purpose of ADM – 36?
The department recognizes when the effects of employment practices, regardless of intent, discriminate and create adverse impact against any group of people, affirmative action shall be taken to ensure diversity in equal opportunity and provide equitable remedy for discriminatory practices. By doing this, it provides a positive benefit by expanding opportunities to society, the public, and all current and future employees.
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How does it MSP plan to implement diversity and equal opportunity?
The MSP develop a strategy, to address:
-affirmative action
-diversity and equal opportunities
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An ADM – 36. What is the scope of the diversity and equity plan?
A diversity in equity plan shall be applied to all employment practices and programs, including, but not limited to recruitment, selections, promotions, terminations, transfers, layoff, compensation, training, and benefits, as well as terms of conditions of employment
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ADM-36 What shall the department annually review, investigate, and when necessary modified?
-relative to facilities and programs accessible to the public and
-Provisions of reasonable accommodation for person with disability
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ADM-36 What shall the Colonel do for diversity and equal opportunity?
-Appoint a diversity officer who shall
-Develop an implement:
-In affirmative action plan
-Diversity plan and
-Track the request, purpose, and dissemination of any protective information.
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ADM-36 what does the Diversity Officer report to the Colonel?
-Specific goals and timetables for achievement of each plan
-The department compliance with the reporting guidelines and requirements
-And any recommendations regarding equal opportunity
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ADM-36 what is a DDO in this policy?
Divisional Diversity Officer
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ADM-36 What shall the DDO do?
And advise the division commander in unit, commanders, and gathering info pertaining to equal employment opportunities specific to their respective division to include:
-working with the department diversity officer in obtaining divisional workforce Demographics
-working to identify and reduced bias within their division
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ADM-36 What kind of resource will the DDO be?
Will be in informational career path resource for all members interested in specific stations, sections, or units within their division. For example, airwing, marine unit, VFAS, Gang unit,K9, SPDU, CSSS and CAT team etc..
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What will the DDO continuously monitor, track, and work with?
-Will work with other divisional diversity officers, and identifying members with demonstrated commitment to MSP, organizational values, and who are interested in this specific units to the safe place. The DDO will contact these members and begin the mentoring process.
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What are the Colonels responsibilities for diversity and equal opportunity?
The Colonel has the overall responsibility for ensuring equal opportunity and appropriate affirmative action policies exist within the department. Supervisers of all levels Are responsible for successful implementation of affirmative action and equal opportunity.
