Policy
429
Richmond Police Department
Richmond PD CA Policy Manual
Critical Incident Audio & Video Release Policy
429.1 PURPOSE
This policy sets the standards and criteria for the public release of audio recordings and video that capture critical incidents involving the Richmond Police Department personnel. This policy is intended to balance two important interests: the public’s interest in transparency and the privacy interests of the individuals depicted in the videos. The public has a strong interest in obtaining timely access to information, including video and audio footage, regarding incidents where officers discharge a firearm at a person and where the use of force by an officer against a person results in death or in great bodily injury. At the same time, the individuals who appear in these videos have a privacy interest that must be considered. These individuals include not only the involved individuals and the police officers, but also witnesses, bystanders, and the subject upon whom force is used.
In recognizing that one officer’s audio/video recording may not present an accurate or complete portrayal of the incident, the Richmond Police Department will also provide the necessary context when releasing audio/video so that the public has the most accurate picture of what occurred based on the information known at the time of the release of the video. 429.2 POLICY
It is the policy of the Richmond Police Department that audio and video evidence in the Department’s possession is released consistent with Penal Code 832.7 and the California Public Records Act (Government Code §§ 6254), as amended by SB 1421 and AB 748.The release shall consist of relevant video imagery and audio that depicts the events leading up to and including the incident.
429.3 CRITICAL INCIDENTS
This policy applies to video imagery and audio concerning the following types of Critical Incidents:
1. Incident involving the discharge of a firearm at a person by an officer.
2. Incident in which the use of force by an officer against a person results in death or great bodily injury.
The Chief of Police and/or his designee may release video/audio of any other police encounter if he/she determines the release is in the public interest and exigent circumstances warrant release. 429.4 PRIVACY
If the Department demonstrates, on the facts of the particular case, that the public interest in withholding a video or audio recording clearly outweighs the public interest in disclosure because the release of the recording would, based on the facts and circumstances depicted in the recording, violate the reasonable expectation of privacy of a subject depicted in the recording, the Department shall provide in writing to the requester the specific basis for the expectation of privacy and the public interest served by withholding the recording and may use redaction technology, including blurring or distorting images or audio, to obscure those specific portions of the recording that Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.
Published with permission by Richmond Police Department Critical Incident Audio & Video Release Policy
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Richmond Police Department
Richmond PD CA Policy Manual
Critical Incident Audio & Video Release Policy
protect that interest. However, the redaction shall not interfere with the viewer's ability to fully, completely, and accurately comprehend the events captured in the recording and the recording shall not otherwise be edited or altered.
If the Department demonstrates that the reasonable expectation of privacy of a subject depicted in the recording cannot adequately be protected through redaction and that interest outweighs the public interest in disclosure, the Department may withhold the recording from the public, except that the recording, either redacted as provided in clause (i) or unredacted, shall be disclosed promptly, upon request, to any of the following:
(I) the subject of the recording whose privacy is to be protected, or his or her authorized representative.
(2) If the subject is a minor, the parent or legal guardian of the subject whose privacy is to be protected.
(3) If the subject whose privacy is to be protected is deceased, an heir, beneficiary, designated immediate family member, or authorized legal representative of the deceased subject whose privacy is to be protected.
429.5 NOTIFICATIONS
When a request for critical incident audio or video is made pursuant to Penal Code 832.7, the Department shall attempt to notify the affected subject officer(s) in writing within 24 hours, or as soon as reasonably possible, that a request was received.
Barring exigent circumstances, the Department shall attempt to notify the following individuals 72 hours prior to the release of video imagery or audio:
• Officers depicted in the video and/or involved in the use of force; • Subject(s) upon whom force was used;
• Other individuals or entities that may have a privacy interest in the video imagery or audio.
429.6 TIMING OF DISCLOSURE
During an active criminal or administrative investigation, disclosure of a recording related to a critical incident may be delayed for no longer than forty-five (45) calendar days after the date the Richmond Police Department knew or reasonably should have known about the incident, if, based on the facts and circumstances depicted in the recording, disclosure would substantially interfere with the investigation, such as endangering the safety of a witness or a confidential source. (Government Code § 6254(f)(4)(A)). If the Department delays disclosure, the Department shall provide in writing to the requestor the specific basis for the Department’s determination that disclosure would substantially interfere with the investigation and the estimated date for disclosure.
Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.
Published with permission by Richmond Police Department Critical Incident Audio & Video Release Policy
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Richmond Police Department
Richmond PD CA Policy Manual
Critical Incident Audio & Video Release Policy
After 45 days from the date the Department knew or reasonably should have known about the incident and up to one year from that date, the Department may continue to delay disclosure of a recording if the Department determines that disclosure would substantially interfere with the investigation.
After one year from the date the Department knew or reasonably should have known about the incident, the agency may continue to delay disclosure of a recording only if the Department demonstrates by clear and convincing evidence that disclosure would substantially interfere with the investigation. If the Department delays disclosure pursuant to this clause, the Department shall promptly provide in writing to the requester the specific basis for the Department’s determination that the interest in preventing interference with an active investigation outweighs the public interest in disclosure and provide the estimated date for the disclosure.
The Department shall reassess withholding and notify the requester every 30 days. A recording withheld by the Department shall be disclosed promptly when the specific basis for withholding is resolved.
Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.
Published with permission by Richmond Police Department Critical Incident Audio & Video Release Policy
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