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Recording Custodial Interrogations Model Policy

The MPTC amended its Recording Custodial Interrogations Model Policy previously adopted on March 31, 2018. The amendments include: 1) language that specifies the statutorily required crimes that must be recorded when an individual is subject to a custodial interrogation and is in custody at a facility specified in Section 305.2 (4) of the New York State Family Court Act; 2) guidance on the use of interpreters and/or auxiliary aids during the recorded custodial interrogation; and 3) clarifying language when to give Miranda warnings to the parent or guardian when interrogating a child.

The updated model policy, similar to the March 31, 2018 version, will be adopted by DCJS as standards for dissemination to law enforcement agencies pursuant to CPL section 60.45(3)(e) which sets forth that any video recording of a custodial interrogation, required by law, be conducted in accordance with standards established by rule of the Division, effective April 1, 2018. This model policy/DCJS Standards may be directly downloaded by visiting the following link https://goo.gl/vH7noG. Additional model policies issued on other contemporary law enforcement issues by the MPTC may be accessed by visiting the following link https://goo.gl/5tCKtf. All questions pertaining to the recording standards issued by DCJS may be directed to Joshua Vinehout of the Office of Public Safety at This email address is being protected from spambots. You need JavaScript enabled to view it. or by telephone at (518) 457-1595.

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