In recent years, the use of body-worn cameras (BWCs) by law enforcement agencies has increased nationally as a means to provide greater transparency and accountability and to enhance public trust in policing. New Jersey is no exception to this trend, with the Garden State taking substantial legislative steps to regulate the deployment, funding, and use of these devices. This blog post aims to present a comprehensive overview of New Jersey's BWC law, explore its implications for both law enforcement personnel and the public, and address potential challenges and opportunities that may arise as a result of adopting this novel technology.

The Legal Framework

In 2014, the New Jersey State Legislature enacted Senate Bill 2783, the BWC law, which requires every municipal, county, and regional police department to equip their officers with these devices while on duty. However, the law does not apply to state police or campus police officers. The State Attorney General's Office has issued a directive that outlines guidelines for the operational implementation of BWC systems, including policies governing the activation, recording, retention, and release of footage.

Acquisition and Funding

To support the financial burden on law enforcement agencies, the State created the "Body-Worn Camera Fund" under the New Jersey Department of Law & Public Safety. This fund allocates grants with the purpose of offsetting the costs of purchasing, maintaining, and storing recordings from BWCs. The grant program operates on a competitive basis, requiring agencies to submit applications that outline their intended use and detailing the expected benefits.

Operational Considerations

For law enforcement agencies, adopting BWCs is not merely a matter of procurement and distribution. The practical aspects of their implementation include drafting meticulous policies and procedures, providing comprehensive training to officers, and ensuring compliance with the Attorney General's guidelines. Some of these guidelines include:

1. Recording encounters: BWCs should be activated during all law enforcement actions, including investigative stops, traffic stops, pursuits, arrests, and use of force incidents, among others.

2. Privacy provisions: The devices should not be activated during situations where an individual's privacy rights may be compromised, such as in restrooms or other private spaces.

3. Retention of recordings: Footage should be retained for at least 90 days, and if it involves a use of force or has evidentiary value, it should be retained for a longer period.

4. Public access: Recordings are considered a public record under the Open Public Records Act (OPRA), subject to certain exemptions for privacy or security purposes.

Challenges and Opportunities

As with any new technology, the adoption of BWCs presents both challenges and opportunities for law enforcement agencies and the public.

Challenges

1. Technical issues: Ensuring the reliability of cameras, data storage and retrieval systems, and secure transmission of footage can be challenging.

2. Financial burden: The initial cost of purchasing BWCs, ongoing maintenance, and data storage expenses can strain municipal and county budgets.

3. Officer privacy: Some officers may have concerns about their privacy and that the recordings may be used against them during performance assessments or disciplinary actions.

Opportunities

1. Enhanced public trust: The use of BWCs can help reinforce positive community relationships by promoting transparency and accountability in law enforcement actions.

2. Evidence collection: BWC footage can be valuable in resolving complaints against officers, documenting crime scenes, and corroborating statements made by victims, suspects, and witnesses.

3. Training tool: Recordings can help identify areas where officers may need additional training or reinforcement of best practices.

Overall, the deployment of body-worn cameras in New Jersey seeks to strengthen the bonds between law enforcement agencies and the communities they serve, by allowing for increased transparency and enhancing trust. By embracing this technology and addressing the possible challenges it presents, law enforcement agencies have the potential to improve their professionalism, efficiency, and effectiveness, while the public receives a heightened sense of safety and satisfaction.