N.Y. Correction Law § 135-a: Fixed camera coverage

§ 135-a. Fixed camera coverage. 1. Definitions. For the purposes of

this section, the following terms shall have the following meanings:

(a) "Covered facility" means any institution or correctional facility

operated by the department of corrections and community supervision.

(b) "Covered vehicle" means any vehicle used for the transport of

incarcerated individuals.

(c) "Comprehensive camera coverage" means the installation, operation,

and maintenance of fixed or stationary cameras sufficient to capture,

without complete fixed obstruction, audio and clear visual footage of

the activities and movement of all persons within all housing units,

common areas, medical units, corridors, program and service areas,

entrances, exits, and other spaces in which incarcerated individuals are

present in each such covered facility, operating twenty-four hours a

day, with the exception of the interior of cells, showers, and toilet

areas and operating within each covered vehicle at any time such vehicle

is occupied by any individual.

(d) "Recording request" means a formal request for access to fixed or

stationary camera footage made by legal representatives, prosecutors,

defendants, or their counsel, relevant to any investigation or legal

proceeding involving a covered facility.

2. Within one hundred eighty days of the effective date of this

section, the commissioner shall develop a plan to establish

comprehensive camera coverage for each covered facility and within each

covered vehicle, which shall include the financial and operational

feasibility of establishing such coverage and storing and retaining

footage of such coverage, as well as reasonable projected timelines for

implementation at each facility. Upon completion of the written plan,

the commissioner shall promptly transmit the plan to the speaker of the

assembly, the temporary president of the senate, and the governor.

3. Following transmission of the written plan required pursuant to

subdivision two of this section, the commissioner shall immediately take

all reasonable and necessary steps to commence implementation of the

plan and to establish comprehensive camera coverage at each covered

facility and within each covered vehicle in accordance with the

timelines set forth therein, subject to the availability of appropriated

funds. Nothing in this section shall be construed to prohibit or

discourage the commissioner from initiating implementation of any

component of the plan prior to such transmission.

4. Within one hundred eighty days of the effective date of this

section, the commissioner shall promulgate rules and regulations to

ensure that once a covered facility or covered vehicle has been equipped

with comprehensive camera coverage, such covered facility or covered

vehicle shall maintain a consistent state of coverage. Such rules and

regulations shall, at a minimum, include:

(a) routine inspection of camera placement, functionality, image

quality, and data retention;

(b) protocols for addressing non-functioning cameras, including

reasonable timeframes for repair or replacement;

(c) procedures for documenting and investigating equipment failures or

gaps in coverage, including blind spots;

(d) requirements for retention, storage, and secure access to camera

footage, including a minimum retention period of no less than sixty days

for all footage, and a requirement that any footage related to an

investigation by the department's office of special investigations

regarding an allegation of staff misconduct or criminal activity be

preserved for no less than five years, or longer if required by law,

investigation, litigation hold, or administrative proceeding; and

(e) regular review of camera systems to ensure continued effectiveness

in promoting safety, accountability, and facility operations.

5. Fixed or stationary camera footage from covered facilities and

covered vehicles under this section shall be provided if a formal

recording request is made and accompanied by a valid subpoena or a court

order issued by a court of competent jurisdiction. Nothing in this

subdivision shall be construed to prohibit or restrict the disclosure of

audio recordings or video footage to any person or entity otherwise

lawfully entitled to receive such recordings or footage pursuant to law,

court order, or lawful process.

6. The office of the state inspector general may receive and

investigate complaints from any source, or upon the inspector general's

own initiative, concerning allegations of failure to adhere to the

provisions of this section. The office of the state inspector general

may also conduct audits of covered facilities, as appropriate, to ensure

compliance with this section.

7. The commissioner shall make an annual report to the speaker of the

assembly, the temporary president of the senate, the governor, and the

state inspector general of the actions taken pursuant to this section

including, but not limited to, documentation of incidents and

investigations regarding equipment failures or gaps in coverage

beginning one year after the effective date of this section; provided,

however, that the report shall be prepared in a manner that does not

undermine or compromise facility security, the safety of staff or

incarcerated individuals, or ongoing investigations.