Transcripts For CSPAN3 Key Capitol Hill Hearings 20150521 :

Screeria nigeria. Er the vice chairman gives an update on Missile Defense and nuclear threats. Now, a Senate Judiciary subcommittee holds a hearing on the cost and benefits of police body cameras. Among the witnesses governor tim scott who won the hometown constituent to a recent police shooting. This is 90 minutes. Thank you all for joining us today at this hearing, this subcommittee will come to order and well have a hearing today entitled body cameras can technology increase enforce enforcement . Well have two panels. Ill make a brief Opening Statement and turn it over. I know chairman grassley and. We had this hearing at the request of senator scott. Theres been a lot of discussion about how to protect the public and Law Enforcement officers when forces involved and the idea of body cameras for all of our Police Officers not only to protect them but the public. Senator scott has been one of the leaders in this area. The instant in North Charleston which i think most of us have seen videos of, is a good indication of how video is priceless in situations like this. So there are a lot of proposals up here on capitol hill to have grants and pilot programs about outfitting our Law Enforcement community with body cameras and thats the purpose of this hearing today, to see which would be the best way forward. So senator whitehouse . Thank you very much, mr. Chairman. And i guess welcome and congratulations to your first subcommittee hearing as chairman. Absolutely. Dont get used to it. And i am delighted that we are doing this and i appreciate very much that our chairman is providing this forum for his junior senator. Always a good tradition in the senate to deal with begin to address the question of how well body cameras work. Id ask unanimous consent that my statement in that regard be entered into the record. I think this is a very important subcommittee. I hope we have more hearings in the weeks and months ahead. Ive been particularly grateful to work with the chairman on the gray and White House Bill improving the criminal enforcement in the cyberarena. And i hope that well be able to pin down a hearing date to begin to get that bill through a hearing, ready in time so that when we address cyber on the floor, weve alleviated any criticism that our bill didnt get a hearing. I also look forward to what i hope will be a lively hearing on what i consider to be a pretty egregious separation of powers violation by the administration. And so, were looking to schedule at least those two other hearings. Theyre good topics, and i hope we can make this an active subcommittee. Did it may be the most important subcommittee of the judiciary committee. Thank you very much, and well do both hearings. Would you like to make a comment . Yeah, thank you very much. I want to thank you for holding this hearing. I appreciate senator scott, his strong interest in the subject. And i fully support senator scotts request for a committee to look into this matter. Recent interactions between police and the public have increased the consideration of body cameras to record an officers work. So its a good idea to explore the experience of state and local governments that they have, that have employed body cameras. Certainly the potential exists for body cameras to enhance public trust of police. And they may provide evidence to show the public how well Law Enforcement handles very trying situations. They must also show whether Police Training is working well. And its possible their existence might cause Police Officers to change how they perform certain aspects of their job. Body cameras themselves are relatively inexpensive. But costs associated with their use seem to be considerable. Many practical questions regarding their use need to be thought through. These include determining when cameras would and would not be operating how privacy of peoples homes and crime victims would be maintained. How footage is to be retained and a chain of custody preserved. The Justice Department has also funded some pilot programs and research to determine the best practices of police body cameras. Before we decide what if any, legislative response is appropriate, we should obtain a good sense of the issues that have arisen in state and local use of body cameras. We should also know which of the competing approaches have been more effective and further shared values. The last thing that we would want to do is create an incentive or even a mandate, actions that would cause state and local governments large sums of money and not reflect the accumulated wisdom that derives from existing state and local practice. So, mr. Chairman, thank you for holding this hearing and i look forward to the testimony of witnesses which im going to have to read because i have another assignment which i have to go to. But i appreciate having the courtesy of what ive just said. Thank you, mr. Chairman. John, would you like to say anything . Thank you, mr. Chairman. Id like to express my gratitude to senator grassley as chairman of the full committee. But to you as chairman of the subcommittee for starting the conversation here. On a topic that i know is very near and dear to senator scotts heart. We all recognize theyre not a panacea and wont solve all the problems but may be a piece of the answer. And one Building Block where we can begin to rebuild the publics confidence in Law Enforcement, which is absolutely critical to maintaining security and safety in our communities. But its also important. I know you agree because youre a cosponsor of this bill that would create a commission to study our criminal Justice System writ large. Once we get through doing the things we can do, things like passing the corrections act that senator whitehouse and i are the chief cosponsors of to help act on the lessons of Prison Reform played out in our states. I hope we can continue this conversation in a way that lets us revisit what works and correct and eliminate what doesnt work. With a goal toward maintaining and rebuilding the publics trust. Which is absolutely critical in our communities. I want to commend senator scott for his leadership in this effort and thank him for being here today. Senator . Very quickly, i just have a classified briefing at 4 00. Im going to stay here until maybe ill get to my questions, maybe i wont. Discuss this very briefly with senator scott. So many questions here i assume that we will get to. And thank you for calling this hearing about what activities, what practices should be on camera and which ones shouldnt. How we develop the best protocols, how we use the experience of communities and states and studies. To figure out when is the camera on and when is it off. And so im looking forward to hearing from senator scott, and i thank you for calling this hearing. Thanks, senator frank. Senator scott, i do appreciate your leadership on this. Youve been very hands on when it comes to trying to deal with this issue. Thank you, sir. Thank you, mr. Chairman, and Ranking Member. Thank you all for participating in the hearing today. I want to thank senator grassley for agreeing to hold this hearing today. Very important issue. Very timely response of you, mr. Chairman, as well as senator grassley. Id say if a picture is worth a thousand words, then a video is worth a thousand pictures and unfold lives. Certainly time for a National Conversation about body cameras and policies affecting communities in distress. Whether we are talking about ferguson, baltimore, ohio, new york city, oklahoma, or my hometown North Charleston, South Carolina, one thing is certain, longterm solutions are very important. Theyre critical. In addition to body cameras, ill continue to work on things like my opportunity agenda that i believe will breathe new hope, new opportunities into distressed communities. Things that have impacted my life having grown up in a singleparent household in poverty in North Charleston. Ill tell you the foundation for changing some of the outcomes starts with education, longterm education will provide a path, an avenue out. Think about work skills for those adult learners. Apprenticeship programs where you can earn and learn at the same time as well as a apprentice entrepreneurship programs. Im here today because i believe Building Trust between Law Enforcement and the community truly is Body Worn Cameras worn by officers. I say one piece because there is no silver bullet. There is no panacea. But rather, many pieces to this puzzle. Were here today to listen and to learn from experts on how these cameras can be helpful and at the same time for us to understand the concerns like data retention, disclosure issues. Including foya, costs and training. When do you use the cameras . I look forward to the discussion as well as the hard work ahead. The good news is, according to at least one study, public complaints falls by 90 . Use of force, use of force drops by as much as 60 . Thats moving in the right direction. Tasking the federal government to test body cameras should not be confused with federalizing local policing. Which i would object to. Nor is it an attempt to mandate the use of body cameras. Its an attempt to keep Law Enforcement officers and our communities safer. Let me close with the heart felt desires of mrs. Judy scott whose son was killed in North Charleston, walter scott. She was not looking for revenge. As a matter of fact, on the first day, she said, i forgive the officer. She did not speak about the need for justice in her initial comments. She allowed the system to work that out. What she simply said to me was this i want to make sure i really want to make sure that mothers do not have to bury their sons. Thank you, mr. Chairman. Thank you very much, senator scott. Thank you. Our second panel. Come forward, please. Al do you want to ask okay. He can take my turn if he needs to. Thank you, all, could you please stand and raise your right hand . Do you solemnly swear the testimony is the truth, nothing but the truth so help you god . Our panel consists of mr. Peter weir, who is the District Attorney for the first judicial district of the state of colorado from golden, colorado. Lindsey miller, Senior Research associate Police Executive Research Forum washington, d. C. President and ceo of the conference on civil rights and human rights, washington, d. C. And jarrod brudler, South Carolina Sheriffs Association from columbia, South Carolina. Welcome to you all, and well start with ms. Miller and just move across the panel. Good afternoon, and thank you, chairman graham and members of the committee for the opportunity to speak about the issue of Body Worn Cameras. Im Lindsey Miller with the Police Executive Research Forum, which is an independent, Nonprofit Research organization that focuses on Critical Issues and policing. Our work on body cameras began in 2013. When we partnered with the office of Community Oriented policing services to research the use of body cameras and Police Agencies. Last september, released a publication that examines the benefits of body cameras and considerations for implementation. The report also provides a set of 33 comprehensive policy recommendations that reflect promising practices and lessons learned. So today, im just going to touch briefly on a few of our key findings and recommendations and my submitted written testimony provides Additional Details on these topics. First and foremost, the decision to implement a Body Camera Program should not be entered into lightly. And develop careful written policies to govern their use. We also found that when implementing a Camera Program and developing policies, it is critical that agencies engage with community organizations, line officers and unions, local policy makers and elected officials, prosecutors and other stakeholders. Making it a collaborative process can help strengthen the legitimacy of a program and make implementation run more smoothly. While body cameras can be a useful tool, they arent a cure all. We need to remember they arent a substitute for good policies, good training and Good Community policing programs. So when it comes to the benefits of body cameras, we found that cameras have been useful for several things. Strengthening Police Accountability and Agency Transparency, improving the behavior of people on both sides of the camera. As senator scott said, reducing and resolving officer use of force incidents and complaints against officers. Identifying and correcting problems in the agency at the individual level and throughout the entire agency. Strengthening officer performance and improving evidence documentation for investigations and prosecutions. We also looked at some of the considerations that agencies must take into account when implementing cameras. These include privacy considerations, especially when it comes to filming victims and witnesses. The impact that cameras have on relationships between police and members of the community. Managing the expectations that body cameras create, especially among courts oversight bodies and members of the public. And finally, how to manage the significant ongoing financial costs of a body worn Camera Program. Turning to our actual policy recommendations, i want to cover a couple. One of the most important questions that an agency will answer is when to require officers to turn their cameras on and off. Our report recommended that with limited exceptions, they should be required to activate their cameras when responding to all calls for service and all Law Enforcement related encounters and activities that occur while the officer is on duty. We also recommend that officers should be required to obtain consent prior to recording interviews with crime victims. And they should have limited discretion to keep their cameras off during conversations with witnesses and members of the community who wish to provide information of a crime about a crime but who dont want to speak on camera. And this addresses some of the significant privacy concerns that come with videotaping crime victims and witnesses. One of the biggest issues that is emerging thats facing Police Agencies is when to release the video footage to the public and the media. There really are no easy answers. Our report generally recommended a fairly broad disclosure policy to promote Agency Transparency and accountability. Agencies must balance the need of transparency with the real concerns that come with releasing footage to the public. We also want to make sure videos of people in their most vulnerable dont end up on youtube. These are just a couple of our recommendations that cover data storage and Management Training and evaluation. We also provide useful strategies for house Police Leaders can engage officers, policy makers and the public. Body cameras can provide real benefits, both for police and the community. However, it is critical that agencies slow down, think about all of these issues and take an incremental approach to camera deployment. Police agencies must remember that the ultimate purpose is to help officers protect and serve the people within their communities. So i thank you, again, for the opportunity to speak today and i welcome any questions you might have. Chairman graham, distinguished members of the committee, i am the executive director of the South Carolina Sheriffs Association. It is an honor to appear before you today. Id like to begin by applauding the subcommittee for taking the time to study the positive and negatives of Body Worn Cameras before enacting legislation. Embracing new technology for the purposes of increasing transparency, officer accountability, and officer safety can produce tremendous benefits but can also generate serious, unintended consequences. For more than five years now, Law Enforcement agencies throughout South Carolina have been experimenting with the use of Body Worn Cameras. To date, approximately 15 have implemented a body worn Camera Program. These agencies found this Technology Provides a significant benefit to the department and individual officers. Not only do these cameras provide valuable training opportunities, but they also help to resolve officerinvolved conflicts. These agencies have experienced significant reductions in complaints on officers. Simply put, everyone, including the officer and the person interacting with the