Local law enforcement says they already record interrogations, though not all have formal policies as state law will soon require

A new state law requires all Kansas law enforcement agencies to adopt written policies for electronically recording interrogations, and to implement those policies by July 2018.

Key among the law’s provisions: The policies must require recording of all interrogations at places of detention when they concern homicides and felony sex offenses.

Lawrence-based law enforcement agencies are already recording interrogations in those cases, and for less severe crimes as well, representatives say. However, in some cases that’s a practice rather than a policy, which they’ll update to meet the law.

• The Lawrence Police Department doesn’t have a formal policy on recording interrogations, Sgt. Amy Rhoads said, in an email. However, she said, the department’s general practice — regardless of the crime — is to take audiovisual recording of interrogations in the interview rooms at both the Investigations and Training Center and at the Law Enforcement Center downtown.

Rhoads said a group of police department employees will be working on developing and writing a formal policy in coming months, in time to be implemented by this time next year.

• The Douglas County Sheriff’s Office has had a formal audio/video recording policy for several years, Sgt. Kristen Channel said via email. The policy specifically says all felony, child abuse and sex crime investigations shall be recorded, although investigators may record interviews in other cases as well, Channel said.

The office will be reviewing its policy to make sure it fulfills everything outlined in the new state law, Channel said.

• University of Kansas police policy says all custodial interrogations of suspects brought in to KU Office of Public Safety headquarters must be audiovisually recorded, Deputy Chief James Anguiano said.

“Anytime we bring a suspect in, it will be recorded,” Anguiano said.

He said that goes for felony allegations as well as less severe crimes.

“It assists with the case,” Anguiano said. “It also assists with the jury. Juries nowadays like to see video footage, audio footage. One thing is the written report — another thing is the actual observation of what goes on.”

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Kansas Senate Bill 112 went into effect in May, according to information from the state Legislature website. The same bill includes a handful of other crime-related statute changes.

The custodial interrogations portion says homicide- and felony sex offense-related interrogations that take place at a fixed location under control of Kansas law enforcement agencies must be recorded in full. If the defendant makes or signs a written statement during a homicide or a felony sex offense interrogation, the making and signing of the statement must be recorded, too.

Recordings can be audio-only or audiovisual, although audiovisual is preferred, the bill says.

The law does include exceptions, such as when a suspect asserts the desire to speak with officers without being recorded, or when equipment malfunctions or doesn’t record because of good-faith human error.

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Douglas County District Attorney Charles Branson, a board member of the Kansas County & District Attorneys Association, said he “fully supports” the new legislation.

The association has already created a model policy for agencies to customize and adopt.

Previous efforts to get a custodial interrogations law passed required all agencies to record all interviews, Branson said, in an email. He opposed that, because it would have been unfeasible for many jurisdictions with financial and technical limitations.

Most law enforcement agencies in Kansas already record interviews, but the new law will create some standardization between agencies so the expectations of the public are met, Branson said.

“Recorded interrogations are an invaluable tool for law enforcement, prosecutors, defendants and juries,” he said. “Not only does the recording provide reviewable evidence for a jury to consider, it is a tool that protects the integrity of the criminal justice system.”

State Rep. Boog Highberger, D-Lawrence, is the ranking member of the House Corrections and Juvenile Justice Committee.

Highberger said making statewide policy is challenging because there’s so much variation between jurisdictions, including size and resources.

“This is designed to give departments more flexibility while still making sure that the most serious crimes have a recording,” Highberger said.

He added, “It’s in the interest of the defendant as well as the public to make sure there’s a good record of what happens in those interrogation rooms … I think it’s in everybody’s interest to have transparency.”