| Chapter 228 |
| 2021 -- H 6438 Enacted 07/08/2021 |
| A N A C T |
| RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATEWIDE BODY-WORN CAMERA PROGRAM |
Introduced By: Representatives Batista, Alzate, Williams, Baginski, Potter, Henries, Slater, Cassar, Biah, and Diaz |
| Date Introduced: June 16, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
| GOVERNMENT" is hereby amended by adding thereto the following chapter: |
| CHAPTER 160 161 |
| STATEWIDE BODY-WORN CAMERA PROGRAM |
| 42-160-1 42-161-1. Short title. |
| This chapter shall be known and may be cited as the "Statewide Body-Worn Camera |
| Program." |
| 42-160-2 42-161-2. Definitions. |
| As used in this chapter: |
| (1) "Attorney general" means the attorney general of the state of Rhode Island, or designee; |
| (2) "Body-worn camera" means a video and audio recording device that is carried by, or |
| worn on the body of, a law enforcement officer and that is capable of recording the actions and |
| interactions of the officer and the public; |
| (3) "Director of the department of public safety" means the director of public safety |
| appointed by the governor pursuant to §42-7.3-5, or designee. |
| (4) "Public safety grant administration office" means the public safety grant administration |
| office as defined in chapter 26 of this title 42. |
| (5) "State-supported implementation period" means a period of five (5) years beginning on |
| July 1, 2021, and ending on June 30, 2026. |
| 42-160-3 42-161-3. Powers of attorney general and department of public safety -- |
| Establishment of grant program. |
| (a) The director of the department of public safety is hereby authorized, within available |
| funds, to award grants and other forms of funding to facilitate the adoption of body-worn cameras |
| by Rhode Island police departments. The director of the department of public safety may also |
| coordinate state applications for federal funds available for body-worn camera adoption. |
| (b) The director of the department of public safety may, in coordination with the |
| department of administration, facilitate body-worn camera procurement by Rhode Island police |
| departments through state master price agreement contracts in accordance with § 37-2-56. |
| (c) The attorney general and the director of the department of public safety, in consultation |
| with the Rhode Island police chiefs' association, is are responsible for developing statewide |
| policies, procedures, and guidelines for the use and operation of body-worn cameras. |
| (d) The attorney general and the director of the department of public safety, in consultation |
| with the Rhode Island police chiefs' association, may survey and assess police department body- |
| worn camera needs, evaluate body-worn camera solutions and budgetary costs, and facilitate the |
| provision of technical assistance for Rhode Island police departments adopting body-worn cameras. |
| (e) All appropriations in support of provisions of this chapter shall be housed within the |
| department of public safety. |
| (f) No money appropriated in the state budget shall be awarded for Rhode Island police |
| department body-worn camera expenses incurred before or after the state-supported |
| implementation period. |
| (g) No money appropriated in the state budget shall be distributed for Rhode Island police |
| department body-worn camera expenses before rules and regulations are promulgated pursuant to |
| § 42-160-4 42-161-4. |
| 42-160-4 42-161-4. Rules and regulations -- Statewide policies, procedures, and |
| guidelines for the use and operation of body-worn cameras. |
| (a) The director of the department of public safety in consultation with the attorney general |
| shall promulgate rules and regulations, pursuant to chapter 35 of this title 42 of the general laws, |
| to develop the criteria and manner in which funds are awarded to Rhode Island police departments |
| under this chapter; and. |
| (b) The attorney general and the director of the department of public safety, in consultation |
| with the Rhode Island police chiefs' association, shall promulgate rules and regulations, pursuant |
| to chapter 35 of this title 42 of the general laws, after holding a public hearing, to create a policy |
| for the use and operation of body-worn cameras. This policy shall address at a minimum, but not |
| be limited to: |
| (1) Proper use of equipment; |
| (2) Data and equipment security; |
| (3) Activation and deactivation of cameras; |
| (4) Notification to the public of recording; |
| (5) Records retention procedures and timelines; |
| (6) Access to data by law enforcement and the public; |
| (7) Privacy protections, including redaction procedures; and |
| (8) Compliance monitoring. |
| (c) The public safety grant administration office shall condition the award of money under |
| this chapter on the certification of a police chief, or highest ranking sworn member of a law |
| enforcement agency, that the certifying chief’s department has adopted the policy referenced in |
| §42-160-4(b) subsection (b) of this section. |
| 42-160-5 42-161-5. Reporting requirements. |
| The director of the department of public safety shall publish a report on the funding of the |
| statewide body-worn camera program within sixty (60) days following the end of each fiscal year. |
| The report shall contain information on the commitment, disbursement, and use of funds pursuant |
| to this chapter. The director of the department of public safety shall provide a copy of the report to |
| the governor, attorney general, speaker of the house, and senate president. |
| SECTION 2. This act shall take effect upon passage. |
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