This policy shall be published on the Department website for public access (Utah Code 53-25-201).
This is our collection of resources, frequently asked questions, and services we provide. If you cannot find an answer to your question here, call 801-298-6000.
Victim Services
Being the victim of a crime can be frightening, confusing, and stressful for anyone. The period of time after the crime has been committed is often an extension of all of those emotions though the court process and beyond. Bountiful Victim Services is here to offer advocacy, support, knowledge, and the opportunity for empowerment to victims of crime. We are here to help the process of healing by:
- Being a connection for victims between law enforcement and prosecution.
- Explaining the judicial process and your role in the process.
- Providing court assistants and accompaniment.
- Assistance filing Civil and Criminal Protective Orders.
- Filing for assistance through Crime Victim Reparations.
- Requesting restitution.
- Offering direction to additional community resources.
We have an area for children that is separate from the advocate’s office, so adult conversations can be made openly and privately.
Court resources
https://www.utcourts.gov/index.html
Domestic violence resources
Bountiful City Domestic Violence Pamphlet
Utah Domestic Violence Council
Safe Harbor
Utah Office for Victims of Crime Concern Center (Resources)
https://uovc.concerncenter.com
Utah Office for victims of Crime
UVU and American Fork Domestic Violence Video Series
https://www.uvu.edu/chps/campaign/domestic_violence.php
You can contact the advocate directly at:
801-298-6137
We do not and shall not discriminate on the basis of actual or perceived race, color, national origin, religion, gender, gender identity, sexual orientation, age, or disability.
If you believe that you have been the target of discrimination by UOVC or a subgrantee of UOVC has discriminated against you, please contact the UOVC by following the link below:
AED Registry
Utah Law requires the local emergency medical dispatch center to inform a person who calls to report a potential incident of sudden cardiac arrest of the location of any nearby AEDs (Automated External Defibrillator). To support this requirement, as set forth in Utah Code Annotated section 26-8b-301 et seq., a person who owns or leases an AED shall report the name, address, and phone number of the AED owner and the exact location of each AED, in writing, to their local emergency medical dispatch center.
Bountiful City Communications Center is the designated local emergency medical dispatch center for the following cities:
Bountiful City
Centerville City
North Salt Lake City
West Bountiful City
Woods Cross City
All AEDs in commercial buildings must be registered with Bountiful City Communications Center. If at a later date you relocate the AED, you are required to provide updated information within thirty (30) days. AED's in private residences or vehicles, do not need to be registered, although it is encouraged.
Forms
Choose the form you need. Keep in mind that these forms are not legal documents or official until given to a Bountiful Police Officer or Communications Officer.
Application for Sound Amplification
City Code
Services
In addition to traditional police duties, we also make ourselves available for the following services;
Sex Offender Information
The state of Utah maintains a database of sex offenders, which can be searched and referenced through their website. Please note, this is not maintained by the Bountiful City Police Department, and make sure you read and understand the conditions of the state site before proceeding. To go to the site, click the banner above.
Sex Offender Legislation / Registry Requirements
In August of 2009, laws went into effect which require registered sex offenders to register every 6 months at their local police agency. The Bountiful City Police Department is asking that anyone who resides within the Bountiful City limits—and is required to register as a sex offender according to Utah Code Annotated, Section 77-27-21.5— report to the Bountiful Police Department to fulfill this responsibility.
As of December 1st 2015, an offender who has to register in Bountiful City, will need to pre-register at;
Then, an appointment will need to be made to appear at the police department in person, and sign off on the changes you made online. Call 801-298-6164 to schedule an appointment. You may call anytime and leave a message, but appointments are only available 11 am to 4:30 PM Monday through Friday. Your changes must be confirmed in person within three business days of the effective date of the change.
The POP Unit may be reached for questions or concerns about sex offenders or registrations at 801-298-6159, or 801-298-6152.
Organized Events
Roles of Police for Events
The purpose of having police officers at an organized event is primarily for the safety and security of participants and the enforcement of laws.
Responsibility of Officers at Events
Officers present at an event will coordinate with organizers to ensure the best possible service is provided. Officers look forward to interacting with citizens during organized events while focusing on safety for participants and bystanders.
Events Which Require Police
All organized events must be approved by the Chief of Police no less than 30 days PRIOR to the event. Events which require police assistance are determined by the Chief of Police.
Number of Officers Required at Events
The decision to have Bountiful Police present at an event will be made the Chief of Police. Factors which will affect the number of officers for an event include:
- date of event
- time of event
- location of event
- prediction of crowd size, composition and expected behavior
- type of event being held
Dont forget, permits are required for amplified music or speech.
Applicants requesting an organized event may submit the appropriate form from the link at the bottom of this section. The form also explains the requirements for hosting an event. When the form is completed, you can submit it via email at events@bountifulutah.gov or hand deliver it to the city recorder at City Hall (790 S 100 E).
Crossing Guards
Crossing guards through Bountiful are supervised by the evidence technician, and are employees of the Bountiful City Police Department. If you have any questions or concerns about our crossing guards, or are interested in becoming one please call 801-298-6023 or email evidence@bountiful.gov.
Towing Service Agreement
Crime Free Housing
The Bountiful Crime Free Housing Program (CFHP) is a public safety partnership that assists residents, owners and managers of rental properties in keeping drugs and other illegal activity off their property.
The CFHP is a crime-fighting program. CFHP demonstrates a good faith effort to learn about illegal activity, address community security concerns and educate residents about crime prevention.
CFHP is an international program that began in 1992 and is in approximately 1,700 American and Canadian cities in 43 U.S. states and 4 Canadian provinces.
How the Program Works:
The purpose of the Bountiful Crime Free Housing Program is to assist landlords in developing effective partnerships in a neighborhood environment, and fostering a safe, healthy place to live. The program uses a three-level approach to eliminate crime at rental properties, to reduce calls for police service and to foster a clean, healthier, more stable living environment.
The Following communities are activity involved in the Bountiful City Crime Free Housing Program:
Name |
Address |
Website |
|
Carrington Place Apartments |
830 N 500 W |
None |
|
Cherry Lane Apartments |
2727 S 625 W |
www.cherrylaneut.com |
|
Davis County Housing Authority |
418 W Center St |
www.daviscommunityhousing.com |
|
Davis County Housing Authority |
424 W Center St |
www.daviscommunityhousing.com |
|
Davis County Housing Authority |
2160 S Orchard |
www.daviscommunityhousing.com |
|
Huntington Apartments |
2001 S Main St |
www.huntingtonapartments.com |
|
Mill Hollow Apartments |
598 S 100 E |
None |
|
Village on Main |
1525 N Main St |
www.villageonmainstreet.com |
|
Windgate Apartments |
2030 S Main |
www.windgateut.com |
Officer Involved Critical Incident
305.1 PURPOSE AND SCOPE
.The purpose of this policy is to establish policy and procedures for the investigation of a critical incident including one in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of other action of an officer.
In other incidents not covered by this policy, the Chief of Police may decide that the investigation will follow the process provided in this policy.
305.2 POLICY
The policy of the Bountiful City Police Department is to ensure that critical incidents including officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner. The department will follow the Davis County Critical Incident Investigation Protocol.
305.3 TYPES OF INVESTIGATIONS
Officer-involved shootings and deaths involve several separate investigations. The investigations may include:
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A criminal investigation of the suspect's actions.
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A criminal investigation of the involved officer's actions.
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An administrative investigation as to policy compliance by involved officers.
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A civil investigation to determine potential liability.
305.4 CONTROL OF INVESTIGATIONS
.Investigators from surrounding agencies will be assigned to work on the criminal investigation of officer-involved shootings and deaths. An agent from the Davis County Attorney's Office will be assigned as the Operations Section Chief and an officer from a non involved agency will be assigned as the Lead Investigator.
Jurisdiction is determined by the location of the shooting or death and the agency employing the involved officer. The following scenarios outline the jurisdictional responsibilities for investigating officer-involved shootings and deaths.
305.4.1 CRIMINAL INVESTIGATION OF SUSPECT ACTIONS
The investigation of any possible criminal conduct by the suspect is controlled by the agency in whose jurisdiction the suspect’s crime occurred. For example, the Bountiful City Police Department would control the investigation if the suspect’s crime occurred in Bountiful.
If multiple crimes have been committed in multiple jurisdictions, identification of the agency that will control the investigation may be reached in the same way as with any other crime. The investigation may be conducted by the agency in control of the criminal investigation of the involved officer, at the discretion of the Chief of Police and with concurrence from the other agency.
305.4.2 ADMINISTRATIVE AND CIVIL INVESTIGATION
Regardless of where the incident occurs, the administrative and civil investigation of each involved officer is controlled by the respective employing agency.
305.4.3 CRIMINAL INVESTIGATION OF OFFICER ACTIONS
.The control of the criminal investigation into the involved officer’s conduct during the incident will be determined by the Davis County Critical Incident Protocol. When an officer from this department is involved, the criminal investigation will be handled according to the Criminal Investigation section of this policy.
Requests made of this department to investigate a shooting or death involving an outside agency’s officer shall be referred to the Chief of Police or the authorized designee for approval.
305.5 INVESTIGATION PROCESS
The following procedures are guidelines used in the investigation of an officer-involved shooting or death.
305.5.1 UNINVOLVED OFFICER RESPONSIBILITIES
Upon arrival at the scene of an officer-involved shooting or death, the first uninvolved BPD officer will be the officer-in-charge and will assume the responsibilities of a supervisor until properly relieved. This officer should, as appropriate:
- Secure the scene and identify and eliminate hazards for all those involved.
- Take reasonable steps to obtain emergency medical attention for injured individuals.
- Request additional resources from the Department or other agencies.
- Coordinate a perimeter or pursuit of suspects.
- Check for injured persons and evacuate as needed.
- Brief the supervisor upon arrival.
305.5.2 SUPERVISOR RESPONSIBILITIES
.Upon arrival at the scene, the first uninvolved BPD supervisor should ensure completion of the duties as outlined above, plus:
- Attempt to obtain a brief overview of the situation from any uninvolved officers.
- In the event that there are no uninvolved officers who can supply adequate overview, the supervisor should attempt to obtain a brief voluntary overview from one involved officer.
- If necessary, the supervisor may administratively order any BPD officer to immediately provide public safety information necessary to secure the scene, identify injured parties and pursue suspects.
- Public safety information shall be limited to such things as outstanding suspect information, number and direction of any shots fired, perimeter of the incident scene, identity of known or potential witnesses and any other pertinent information.
- The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information.
- Provide all available information to the Sergeant and Communications. If feasible, sensitive information should be communicated over secure networks.
- Take command of and secure the incident scene with additional BPD members until properly relieved by another supervisor or other assigned personnel or investigator.
- As soon as practicable, ensure that involved officers are transported (separately, if feasible) to a suitable location for further direction.
- Each involved BPD officer should be given an administrative order not to discuss the incident with other involved officers or BPD members pending further direction from a supervisor.
- When an involved officer’s weapon is taken or left at the scene for other than officer-safety reasons (e.g., evidence), ensure that he/she is provided with a comparable replacement weapon or transported by other officers.
- The shift supervisor shall be responsible for coordinating all aspects of the incident until he/she is relieved by the Chief of Police or a Division Commander.
- All outside inquiries about the incident shall be directed to the Division Commander.
305.5.3 NOTIFICATIONS
.The following persons shall be notified as soon as practicable:
- Chief of Police
- Detective Division Commander
- Patrol Division Commander
- Critical Incident Investigative Protocol team
- Outside agency investigators (if appropriate)
- Medical Examiner (if necessary)
- Involved officer’s agency representative (if requested)
- Public Information Officer
305.5.4 INVOLVED OFFICERS
..The following shall be considered for the involved officer:
- Any request for legal or union representation will be accommodated.
- Involved BPD officers shall not be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report.
- Requests from involved non-BPD officers should be referred to their employing agency.
- Discussions with licensed attorneys will be considered privileged as attorney-client communications.
- Discussions with agency representatives/employee groups will be privileged only as to the discussion of non-criminal information.
- A licensed psychotherapist shall be provided by the Department to each involved BPD officer. A licensed psychotherapist may also be provided to any other affected BPD members, upon request.
- Interviews with a licensed psychotherapist will be considered privileged.
- An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report.
- A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy).
- Although the Department will honor the sensitivity of communications with peer counselors, there is no legal privilege to such communications. Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer.
Care should be taken to preserve the integrity of any physical evidence present on the involved officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it.
Each involved BPD officer shall be given reasonable paid administrative leave following an officer-involved shooting or death. It shall be the responsibility of the Sergeant to make schedule adjustments to accommodate such leave.
305.6 CRIMINAL INVESTIGATION
The Davis County Attorney's Office is responsible for the criminal investigation into the circumstances of any officer-involved shooting or death.
Upon invocation of the Critical Incident Protocol, members of the Unified Command will select an Operations Chief and a Lead Investigator to manage the criminal investigation.
Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews. The following shall be considered for the involved officer:
- Bountiful Police supervisors and Internal Affairs Investigator personnel should not participate directly in any voluntary interview of Bountiful Police officers.
- If requested, any involved officer will be afforded the opportunity to consult individually with a representative of his/her choosing or an attorney prior to speaking with criminal investigators. However, in order to maintain the integrity of each involved officer’s statement, involved officers shall not consult or meet with a representative or an attorney collectively or in groups prior to being interviewed.
- If any involved officer is physically, emotionally or otherwise not in a position to provide a voluntary statement when interviewed by criminal investigators, consideration should be given to allowing a reasonable period for the officer to schedule an alternate time for the interview (Generally between 24 and 48 hours after the incident).
- Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation, including administrative investigations. However, no administratively coerced statement will be provided to any criminal investigators unless the officer consents.
305.6.1 REPORTS BY INVOLVED BPD OFFICERS
In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved BPD officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals.
While the involved BPD officers may write the report, it is generally recommended that such reports be completed by assigned investigators, who should interview all involved officers as victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by suspects. Care should be taken not to duplicate information provided by involved officers in other reports.
Nothing in this section shall be construed to deprive an involved BPD officer of the right to consult with legal counsel prior to completing any such criminal report.
Reports related to the prosecution of criminal suspects will be processed according to normal procedures but should also be included for reference in the investigation of the officer-involved shooting or death.
305.6.2 WITNESS IDENTIFICATION AND INTERVIEWS
Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available law enforcement personnel for the following:
- Identification of all persons present at the scene and in the immediate area.
- When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred.
- Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, attempts to identify the witness prior to his/her departure should be made whenever feasible.
- Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by a member of the Department.
- A written, verbal or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation.
- Promptly contacting the suspect’s known family and associates to obtain any available and untainted background information about the suspect’s activities and state of mind prior to the incident.
305.6.3 INVESTIGATIVE PERSONNEL
Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated supervisor to assign appropriate investigative personnel to handle the investigation of related crimes. Members of the Critical Incident Protocol Team will investigate the critical incident.
All related department reports, except administrative and/or privileged reports, will be forwarded to the designated Detective Division supervisor for approval. Privileged reports shall be maintained exclusively by members who are authorized such access. Administrative reports will be forwarded to the appropriate Division Commander.
305.7 ADMINISTRATIVE INVESTIGATION
.In addition to all other investigations associated with an officer-involved shooting or death, this department will conduct an internal administrative investigation to determine conformance with all Department policy. This investigation will be conducted under the supervision of the Internal Affairs Investigator and will be considered a confidential officer personnel file.
Interviews of members shall be subject to department policies and applicable laws.
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Any officer involved in a shooting or death may be requested or administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency.
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If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer.
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If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of his/her prior statement before proceeding with any subsequent interviews.
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In the event that an involved officer has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information.
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Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer’s physical and psychological needs have been addressed before commencing the interview.
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If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview. However, in order to maintain the integrity of each individual officer's statement, involved officers shall not consult or meet with a representative or attorney collectively or in a group prior to being interviewed.
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Administrative interviews should be recorded by the investigator. The officer may also record the interview.
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The officer shall be informed of the nature of the investigation. If an officer refuses to answer questions, he/she should be given his/her Garrity rights and ordered to provide full and truthful answers to all questions. The officer shall be informed that the interview will be for administrative purposes only and that the statement cannot be used criminally.
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The Internal Affairs Investigator shall compile all relevant information and reports necessary for the Department to determine compliance with applicable policies.
- Any other indications of a potential violation of any policy shall be determined in accordance with standard disciplinary procedures.
-
305.8 CIVIL LIABILITY RESPONSE
.A member of this department may be assigned to work exclusively under the direction of the legal counsel for the Department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation.
All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation but shall be given reasonable access to all other investigations.
305.9 AUDIO AND VIDEO RECORDINGS
..Any officer involved in a shooting or death may be permitted to review available Mobile Audio/Video (MAV), body-worn video, or other video or audio recordings prior to providing a recorded statement or completing reports.
Upon request, non-law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident may also be permitted to review available MAV, body-worn video, or other video or audio recordings with the approval of assigned investigators or a supervisor.
Any MAV, body-worn and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecuting attorney or County Attorney's Office, as appropriate.
305.10 DEBRIEFING
.Following an officer-involved shooting or death, the Bountiful City Police Department should conduct both a critical incident/stress debriefing and a tactical debriefing.
305.10.1 CRITICAL INCIDENT/STRESS DEBRIEFING
A critical incident/stress debriefing should occur as soon as practicable. The Administration Division Commander is responsible for organizing the debriefing. Notes and recorded statements should not be taken because the sole purpose of the debriefing is to help mitigate the stress-related effects of a traumatic event.
The debriefing is not part of any investigative process. Care should be taken not to release or repeat any communication made during a debriefing unless otherwise authorized by policy, law or a valid court order.
Attendance at the debriefing shall only include those members of the Department directly involved in the incident, which can include support personnel (e.g., dispatcher, other non-sworn). Family or other support personnel may attend with the concurrence of those involved in the incident. The debriefing shall be closed to the public and should be closed to all other members of the Department, including supervisory and Internal Affairs Investigator personnel.
305.10.2 TACTICAL DEBRIEFING
A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Chief of Police should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to criminal and/or administrative investigators.
305.11 MEDIA RELATIONS
.Any media release shall be prepared with input and concurrence from the supervisor and department representative responsible for each phase of the investigation. Releases will be available to the Sergeant, Detective Division Commander and Public Information Officer in the event of inquiries from the media.
No involved BPD officer shall make any comment to the media unless he/she is authorized by the Chief of Police or a Division Commander.
Department members receiving inquiries regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation.
Body Camera Policy
Bountiful City Police Department
Policy
424
Use of Portable Audio/Video Recorders
424.1 PURPOSE AND SCOPE
This policy provides guidelines for the use of portable audio/video recording devices by members of this department while in the performance of their duties. Portable audio/video recording devices include all recording systems whether body-worn, hand held or integrated into portable equipment (Utah Code 77-7a-102).
This policy does not apply to mobile audio/video recordings, interviews or interrogations conducted at any Bountiful City Police Department facility, undercover operations, wiretaps or eavesdropping (concealed listening devices).
Additional guidance regarding the use of body-worn cameras during the execution of a warrant is found in the Warrant Service Policy.
424.2 POLICY
The Bountiful City Police Department may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by accurately capturing contacts between members of the Department and the public.
424.3 MEMBER PRIVACY EXPECTATION
All recordings made by members acting in their official capacity shall remain the property of the Department regardless of whether those recordings were made with department-issued or personally owned recorders. Members shall have no expectation of privacy or ownership interest in the content of these recordings.
424.4 MEMBER RESPONSIBILITIES
Prior to going into service, each uniformed member will be responsible for making sure that he/she is equipped with a portable recorder issued by the Department, and that the recorder is in good working order. If the recorder is not in working order or the member becomes aware of a malfunction at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as practicable. Uniformed members should wear the recorder in a conspicuous manner or otherwise notify persons that they are being recorded, whenever possible (Utah Code 77-7a-104; Utah Code 77-7a-105).
Any member assigned to a non-uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever possible.
When using a portable recorder, the assigned member shall record his/her name, BPD identification number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user’s unique identification and the date and time of each recording (Utah Code 77-7a-104).
Members should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the member deactivated the recording. Members should include the reason for deactivation (Utah Code 77-7a-104).
424.5 ACTIVATION OF THE PORTABLE RECORDER
This policy is not intended to describe every possible situation in which the portable recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder any time the member believes it would be appropriate or valuable to record an incident.
The portable recorder shall be activated in any of the following situations (Utah Code 77-7a-103; Utah Code 77-7a-104):
All enforcement and investigative contacts including stops and field interview situations
Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops
Self-initiated activity in which a member would normally notify Communications
Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording
Any use of force
Dispatched calls for service
Execution of a warrant
Members should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording.
At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media (Utah Code 77-7a-102). However, the recorder should be activated in situations described above as soon as practicable (Utah Code 77-7a-104).
424.5.1 CESSATION OF RECORDING
Once activated, the portable recorder should remain on continuously until the member reasonably believes his/her direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident, including consultation with a supervisor or other officer (Utah Code 77-7a-104).
A member may deactivate a portable recorder when speaking with a victim, witness or person wishing to report or discuss criminal activity if the subject of the recording requests deactivation and the member believes the value of the information outweighs the value of the potential recording. The member should record the request to deactivate the portable recorder (Utah Code 77-7a-104).
424.5.2 SURREPTITIOUS USE OF THE PORTABLE RECORDER
Utah law permits an individual to surreptitiously record any conversation in which one party to the conversation has given his/her permission (Utah Code 77-23a-4).
Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation.
Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Chief of Police or the authorized designee.
424.5.3 EXPLOSIVE DEVICE
Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present.
424.6 PROHIBITED USE OF PORTABLE RECORDERS
Members are prohibited from using department-issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on-duty or while acting in their official capacity. Members may not alter or delete a recording captured on a portable recorder (Utah Code 77-7a-106).
Members are also prohibited from retaining recordings of activities or information obtained while on-duty whether the recording was created with a department-issued or personally owned recorder. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department (Utah Code 77-7a-106).
Members are prohibited from using personally owned recording devices while on-duty without the express consent of the Sergeant or Corporal. Any member who uses a personally owned recorder for department-related activities shall comply with the provisions of this policy, including retention and release requirements.
Recordings shall not be used by any member for the purpose of embarrassment, intimidation or ridicule.
424.7 RETENTION OF RECORDINGS
To assist with identifying and preserving data and recordings members should download, tag or mark these in accordance with procedure and document the existence of the recording in any related case report.
A member should transfer, tag or mark recordings when the member reasonably believes:
The recording contains evidence relevant to potential criminal, civil or administrative matters.
A complainant, victim or witness has requested non-disclosure.
A complainant, victim or witness has not requested non-disclosure but the disclosure of the recording may endanger the person.
Disclosure may be an unreasonable violation of someone’s privacy.
Medical or mental health information is contained.
Disclosure may compromise an under-cover officer or confidential informant.
Recorded content contains sound or images from a residence (Utah Code 63G-2-302).
Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording.
424.7.1 RETENTION REQUIREMENTS
All recordings shall be retained for a period consistent with the requirements of the established records retention schedule and as required by any applicable federal, state and local law (Utah Code 77-7a-107).
424.7.2 RELEASE OF AUDIO/VIDEO RECORDINGS
Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release Policy.
424.8 REVIEW OF RECORDINGS
When preparing written reports, members should review their recordings as a resource (see the Officer-Involved Shootings and Deaths Policy for guidance in those cases). However, members shall not retain personal copies of recordings. Members should not use the fact that a recording was made as a reason to write a less detailed report.
Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member’s performance.
Recorded files may also be reviewed:
Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation.
Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case.
By media personnel with permission of the Chief of Police or the authorized designee.
In compliance with a public records request, if permitted, and in accordance with the Records Maintenance and Release Policy.
All recordings should be reviewed by the Custodian of Records prior to public release (see the Records Maintenance and Release Policy). Recordings that unreasonably violate a person’s privacy or sense of dignity should not be publicly released unless disclosure is required by law or order of the court.
424.9 COORDINATOR
The Chief of Police or the authorized designee should designate a coordinator responsible for establishing procedures for (Utah Code 77-7a-102):
The security, storage and maintenance of data and recordings.
Accessing data and recordings.
Logging or auditing access.
Transferring, downloading, tagging or marking events.
424.10 PUBLIC ACCESS
The Records Supervisor should ensure that this policy is available to the public in written format as well as published to the department website (Utah Code 77-7a-105).
Sexual Assault Investigations
Policy 601
Sexual Assault Investigations
601.1 PURPOSE AND SCOPE
Best Practice
The purpose of this policy is to establish guidelines for the investigation of sexual assaults (Utah Code 53-25-201). These guidelines will address some of the unique aspects of such cases and the effects that these crimes have on the victims.
Mandatory notifications requirements are addressed in the Child Abuse and Adult Abuse policies.
601.1.1 DEFINITIONS
State
Definitions related to this policy include:
Restricted sexual assault kit - A sexual assault kit collected from a victim who is at least 18 years old and at the time of collection declines to have the kit processed or to have the examination form shared with any entity outside of the collection facility (Utah Code 53-10-902).
Sexual assault - Any crime or attempted crime of a sexual nature, to include but not limited to offenses defined in Utah Code, Title 76, Chapter 5, Part 4 (Sexual Offenses).
Sexual assault kit - A package of items that is used by medical personnel to gather and preserve biological and physical evidence following an allegation of a sexual offense (Utah Code 53-10-902).
Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of advocates; law enforcement officers; forensic medical examiners, including sexual assault forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic laboratory personnel and prosecutors. The team is designed to coordinate a broad response to sexual assault victims.
601.2 QUALIFIED INVESTIGATORS
Best Practice
Qualified investigators should be available for assignment of sexual assault investigations. These investigators should:
- Have specialized training in, and be familiar with, interview techniques and the medical and legal issues that are specific to sexual assault investigations.
- Conduct follow-up interviews and investigation.
- Present appropriate cases of alleged sexual assault to the prosecutor for review.
- Coordinate with other enforcement agencies, social service agencies and medical personnel as needed.
- Provide referrals to therapy services, victim advocates and support for the victim.
- Participate in or coordinate with the SART or other multidisciplinary investigative teams as applicable.
601.3 POLICY
Best Practice
It is the policy of the Bountiful City Police Department that its members, when responding to reports of sexual assaults, will strive to minimize the trauma experienced by the victims, and will aggressively investigate sexual assaults, pursue expeditious apprehension and conviction of perpetrators, and protect the safety of the victims and the community.
601.4 REPORTING
Best Practice
In all reported or suspected cases of sexual assault, a report should be written and assigned for follow-up investigation. This includes incidents in which the allegations appear unfounded or unsubstantiated.
601.5 RELEASING INFORMATION TO THE PUBLIC
Best Practice
In cases where the perpetrator is not known to the victim, and especially if there are multiple crimes where more than one appear to be related, consideration should be given to releasing information to the public whenever there is a reasonable likelihood that doing so may result in developing helpful investigative leads. The Detective Division supervisor should weigh the risk of alerting the suspect to the investigation with the need to protect the victim and the public, and to prevent more crimes.
601.6 TRAINING
Best Practice
Subject to available resources, periodic training should be provided to:
- Members who are first responders. Training should include:
- Initial response to sexual assaults.
- Legal issues.
- Victim advocacy.
- Victim’s response to trauma.
- Qualified investigators, who should receive advanced training on additional topics. Advanced training should include:
- Interviewing sexual assault victims.
- SART.
- Medical and legal aspects of sexual assault investigations.
- Serial crimes investigations.
- Use of community and other federal and state investigative resources, such as the Violent Criminal Apprehension Program (ViCAP).
- Techniques for communicating with victims to minimize trauma.
601.7 VICTIM INTERVIEWS
Best Practice
The primary considerations in sexual assault investigations, which begin with the initial call to Communications, should be the health and safety of the victim, the preservation of evidence, and preliminary interviews to determine if a crime has been committed and to attempt to identify the suspect.
Whenever possible, a member of the SART should be included in the initial victim interviews.
An in-depth follow-up interview should not be conducted until after the medical and forensic examinations are completed and the personal needs of the victim have been met (e.g., change of clothes, bathing). The follow-up interview may be delayed to the following day based upon the circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified investigator.
No opinion of whether the case is unfounded should be included in a report.
Victims should not be asked or required to take a polygraph examination (34 USC § 10451).
Victims should be apprised of applicable victim’s rights provisions, as outlined in the Victim and Witness Assistance Policy.
601.7.1 MEMBER RESPONSIBILITIES
State
MODIFIED
Upon written request from the victim, or his/her designee, members investigating or receiving a report of an alleged sexual assault shall inform the victim or his/her designee of the following (Utah Code 77-37-3):
- That the victim has the right to request a test for the HIV infection.
- Whether a DNA profile was obtained from the rape kit or other evidence in his/her case.
- Whether that DNA profile was entered into the Utah Combined DNA Index System (CODIS).
- Whether there is a match between that DNA profile or other crime scene evidence and a DNA profile in the Utah CODIS, unless such notice would impede or compromise an ongoing investigation.
- That the victim has a right to designate a person to act as a recipient of the above information.
601.7.2 NOTIFICATION UPON ARREST OR ISSUANCE OF A CITATION
State
MODIFIED
When an officer arrests or issues a citation to a person 18 years of age or older for a qualifying sexual offense, the officer shall provide the individual with the written notice required by Utah Code 78B-7-802. Victims shall be provided notice in accordance with the Victim and Witness Assistance Policy.
601.8 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE
Best Practice
UCOPA 5th Ed. - 28.1 UCOPA 7th Ed - 28.1
Whenever possible, a SART member should be involved in the collection of forensic evidence from the victim.
When the facts of the case indicate that collection of biological evidence is warranted, it should be collected regardless of how much time has elapsed since the reported assault.
If a drug-facilitated sexual assault is suspected, urine and blood samples should be collected from the victim as soon as practicable.
Subject to the requirements set forth in this policy, biological evidence from all sexual assault cases, including cases where the suspect is known by the victim, should be submitted for testing.
Victims who choose not to assist with an investigation, do not desire that the matter be investigated or wish to remain anonymous may still consent to the collection of evidence under their control. In these circumstances, the evidence should be collected and stored appropriately.
601.8.1 DNA TEST RESULTS
State
MODIFIED
Members investigating sexual assault cases should ensure that a victim, or their designee, is notified of any DNA test results as soon as reasonably practicable (Utah Code 77-37-3).
A SART member should be consulted regarding the best way to deliver biological testing results to a victim so as to minimize victim trauma, especially in cases where there has been a significant delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA databank hits). Members should make reasonable efforts to assist the victim by providing available information on local assistance programs and organizations as provided in the Victim and Witness Assistance Policy.
Members investigating sexual assaults cases should ensure that DNA results are entered into databases when appropriate and as soon as practicable.
601.8.2 COLLECTION AND TESTING REQUIREMENTS
State
MODIFIED
UCOPA 5th Ed. - 28.1 UCOPA 7th Ed - 28.1
Members investigating sexual assaults or handling related evidence are required to:
- Notify the victim, or the victim's designee, if evidence will not be analyzed in a case involving an unknown perpetrator (Utah Code 77-37-3).
- Take possession of sexual assault kits within one business day after receiving notice from a collecting facility (Utah Code 53-10-904; Utah Code 53-10-907).
- The member taking possession of the kit should ensure that the required information is entered into the statewide sexual assault kit tracking system within five days of receiving the kit from a collection facility.
- Transfer the kit to the appropriate law enforcement agency within 10 days in cases where the incident occurred in another jurisdiction (Utah Code 53-10-904).
- Submit the kit to the Utah Bureau of Forensic Services within 30 days of obtaining possession of the kit except for cases involving restricted kits (Utah Code 53-10-904).
- If available, a suspect standard or a consensual partner elimination standard shall be submitted with the sexual assault kit.
- If not obtained until later, the standards shall be submitted as soon as possible but no later than 30 days after the Department obtained possession of the kit.
- If the victim informs the Bountiful City Police Department that the victim wants to have the kit processed and agrees to release of the sexual assault examination form with the kit, the kit may no longer be classified as restricted and shall be submitted to the Utah Bureau of Forensic Services as soon as possible, but no later than 30 days after the victim chooses to unrestrict the kit (Utah Code 53-10-904).
Additional guidance regarding evidence retention and destruction is found in the Property and Evidence Policy.
601.9 DISPOSITION OF CASES
Best Practice
If the assigned investigator has reason to believe the case is without merit, the case may be classified as unfounded only upon review and approval of the Detective Division supervisor.
Classification of a sexual assault case as unfounded requires the Detective Division supervisor to determine that the facts have significant irregularities with reported information and that the incident could not have happened as it was reported. When a victim has recanted his/her original statement, there must be corroborating evidence that the allegations were false or baseless (i.e., no crime occurred) before the case should be determined as unfounded.
601.10 PUBLIC ACCESS
State
