N.Y. Correction Law § 135: New York state department of corrections and community supervision body-worn cameras program

§ 135. New York state department of corrections and community

supervision body-worn cameras program. 1. There is hereby created within

the department a body-worn cameras program. The purpose of such program

is to increase accountability and evidence for departmental and law

enforcement purposes, department staff, residents of the state, and

those under the department's care by providing body-worn cameras to all

correction officers, security supervisors, and any civilian staff as

identified by the commissioner.

2. The department shall provide body-worn cameras that will be powered

on and worn by correction officers and security supervisors at all

times, while on duty. Incidents and activities that require staff to

manually activate their body-worn cameras, regardless of the presence of

fixed cameras, include but are not limited to:

(a) during any interaction with an incarcerated individual or visitor,

in any location. This paragraph shall not apply when the office of

special investigations or crisis intervention unit is conducting an

interview with an incarcerated individual providing confidential

information where a record of interview is completed;

(b) when staff observe unauthorized activity by an incarcerated

individual, a department employee or any other person in the facility;

(c) during general movement of incarcerated individuals;

(d) when staff is responding to an emergency call for assistance;

(e) during all incarcerated individual escorts;

(f) during incarcerated individual transports, as directed by the

facility watch commander or higher-ranking supervisor. When an employee

enters a non-department facility, the employee will comply with the

facility local policy on wearing the camera and recording. If a local

policy does not exist, the employee shall default to department policy;

(g) when a firearm, oleoresin capsicum spray, or a baton is removed

from its holster or holder;

(h) any instance where department staff feels there is an imminent

threat or the need to document their time on duty;

(i) during all uses of force, including any physical aggression or use

of a non-lethal or lethal weapon;

(j) during a disciplinary hearing when fixed video monitoring systems

are not available where the disciplinary hearing is conducted. Such

recordings will be securely preserved as part of the official hearing

record for all Tier II and Tier III hearings pursuant to section 270.3

of the New York codes, rules and regulations. Audio recordings of all

hearings will continue to be made regardless of whether the video

monitoring system captures audio;

(k) as directed by the deputy commissioner or chief of investigations

for the office of special investigations, or such deputy commissioner's

or chief of investigations' designee, office of special investigations

investigators may utilize body-worn camera systems pursuant to the

office of special investigations policy. The use of such cameras by the

office of special investigations investigators may include but is not

limited to absconder/fugitive operations, facility inspections,

monitoring of frisks, canine operations, high-risk in-state transports

of incarcerated individuals or releasees, and investigative activities

which are deemed appropriate to record;

(l) in congregate shower areas; provided, however, that staff shall

provide a verbal announcement that a body-worn camera is in use and

avoid intentional recording of an incarcerated individual in a state of

undress unless they are required to do so as part of the performance of

their duties;

(m) during all correctional emergency response team activations; and

(n) during a strip search or strip frisk; provided, however, that

incarcerated individuals shall be given verbal notice that they are

being recorded, and the following rules apply:

(i) The wearer of the body-worn camera shall be of the same gender as

the gender designation of the facility. Video recordings of strip frisks

or strip searches shall not be viewed by anyone, except as expressly

authorized in writing by the facility's deputy superintendent for

security or higher authority. If the recording is approved for review,

the deputy superintendent for security shall assure this fact is

documented to include date, time, authorization, reviewer name,

explanation of why the review is necessary, and the result of such

review.

(ii) A body-worn camera recording of any strip search or strip frisk

shall immediately be turned over to an officer assigned to upload,

charge, and issue such cameras to assigned staff for uploading and

storage.

(iii) The video footage of a strip frisk or other incident depicting

an incarcerated individual in a state of complete undress shall only be

viewed by department staff who are of the same gender as the gender

designation of the facility.

3. The commissioner shall have the authority to require civilian staff

assigned to a correctional facility to wear body-worn cameras while on

duty where the civilian employee has direct supervision of an

incarcerated individual with only intermittent security supervision. In

instances where the commissioner has required a civilian to wear a

body-worn camera while on duty, such cameras shall be activated and

shall record:

(a) while interacting with an incarcerated individual, regardless of

the existence of fixed-video monitoring; and

(b) while such employee is in the area of a use of force incident,

including any physical aggression or use of a non-lethal or lethal

weapon.

4. The department shall preserve recordings of such body-worn cameras

for at least ninety days.

5. The department shall perform all necessary maintenance on the

equipment used in such body-worn camera program established pursuant to

this section.

6. The commissioner of the department shall solely determine the

timing and appropriateness of any review or provision of body-worn

camera footage to an employee prior to that employee being required to

answer questions subject to paragraph (g) of subdivision one of section

two hundred nine-a of the civil service law, or prior to an employment

disciplinary hearing regarding the potential misconduct of such

employee.