Policies and procedures relating to electronic recording.

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(1) Each law enforcement agency that is a governmental entity of this state shall adopt and enforce policies and procedures to implement this chapter.

(2) The policies and procedures adopted under subsection (1) of this section must address the following topics:

(a) How an electronic recording of a custodial interrogation must be made;

(b) The collection and review of electronic recordings, or the absence thereof, by supervisors in each law enforcement agency;

(c) The assignment of supervisory responsibilities and a chain of command to promote internal accountability;

(d) A process for explaining noncompliance with procedures and imposing administrative sanctions for a failure to comply that is not justified;

(e) A supervisory system expressly imposing on individuals in specific positions a duty to ensure adequate staffing, education, training, and material resources to implement this chapter; and

(f) A process for preserving the chain of custody of an electronic recording.

(3) The policies and procedures adopted under subsection (2)(a) of this section for video recording must contain standards for the angle, focus, and field of vision of a recording device which reasonably promote accurate recording of a custodial interrogation at a place of detention and reliable assessment of its accuracy and completeness.

[ 2021 c 329 § 15.]


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