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Bill No. 23-52 Approving an Extension of the Interlocal Agreementment Bet. SB & St. Joseph Co. for Mutual Inv. of Officer Involved Shootings
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Bill No. 23-52 Approving an Extension of the Interlocal Agreementment Bet. SB & St. Joseph Co. for Mutual Inv. of Officer Involved Shootings
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7/20/2023 5:27:52 PM
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• City/County legal <br /> 5. AUDIO AND VIDEO RECORDINGS-Any officer involved in a shooting or death <br /> shall be permitted to review available Mobile Audio/Video (MAV),body-worn video <br /> (B WC), CAD entries or other video or audio recordings prior to providing a recorded <br /> statement or completing reports. I.C. § 36-8-2.1.5 Any MAV,body-worn video, CAD <br /> entries and other known video or audio recordings of an incident should not be publicly <br /> released during an ongoing investigation without consulting the City or County <br /> Attorney's Office,as appropriate. Any MAV,body-worn video, CAD entries and other <br /> known video or audio recordings of an incident shall be retained until otherwise <br /> authorized by the City or County Attorney's Office. <br /> 6. INVOLVED OFFICERS-The following shall be considered for the involved officer: <br /> a. Any request for legal representation will be accommodated. <br /> i. Any involved officer will be afforded the opportunity to consult <br /> individually with a representative of their choosing or an attorney prior to <br /> providing a formal interview or report. <br /> ii. Involved officers shall not be permitted to meet collectively or in a group <br /> with an attorney or any representative prior to providing a formal <br /> interview or report. <br /> b. Discussions with licensed attorneys will be considered privileged as attorney- <br /> client communications (I.C. § 34-46-3-1). <br /> c. Discussions with agency representatives will be privileged only as to the <br /> discussion of non-criminal information. <br /> d. A licensed psychotherapist should be provided by the respective department to <br /> each involved officer. A licensed psychotherapist may also be provided to any <br /> other affected members, upon request. <br /> i. Interviews with a licensed psychotherapist will be considered privileged <br /> (I.C. § 34-46-3-1). <br /> ii. An interview or session with a licensed psychotherapist may take place <br /> prior to the member providing a formal interview or report. However, <br /> involved members shall not be permitted to consult or meet collectively or <br /> in a group with a licensed psychotherapist prior to providing a formal <br /> interview or report. <br /> iii. A separate fitness-for-duty exam may also be required. <br /> e. Communications with critical incident stress management services providers and <br /> peer support team members are generally confidential and may not be disclosed to <br /> a third party or in a criminal, civil,or administrative proceeding without a court <br /> order or as authorized by I.C. § 36-8-2.5-2. <br /> f. Care should be taken to preserve the integrity of any physical evidence present on <br /> the involved officer's equipment or clothing, such as blood or fingerprints, until <br /> investigators or lab personnel can properly retrieve it. <br /> g. Each involved officer should be given reasonable administrative leave following <br /> an officer-involved shooting or death. <br /> Page 4 of 7 <br />
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