S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7367

                            I N  S E N A T E

                             April 22, 2016
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Crime Victims,  Crime
  and Correction

AN  ACT to amend the correction law, in relation to establishing a pilot
  program for the use of body-worn cameras on certain  correction  offi-
  cers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The correction law is amended by adding a new  section  135
to read as follows:
  S  135.  BODY  CAMERA  FOR  CORRECTION OFFICERS PILOT PROGRAM. 1.  THE
COMMISSIONER SHALL, AFTER CONSULTATION WITH THE CHAIRMAN  OF  THE  STATE
COMMISSION  OF  CORRECTIONS, ESTABLISH A PILOT PROGRAM PROVIDING FOR THE
USE OF A BODY-WORN PERSONAL VIDEO RECORDING DEVICE ON CERTAIN CORRECTION
OFFICERS ASSIGNED TO THE SUPERVISION OF GENERAL POPULATION INMATES AT  A
MAXIMUM  SECURITY FACILITY. NO FEWER THAN FIFTY CORRECTION OFFICERS IN A
SINGLE SHIFT SHALL BE SELECTED TO PARTICIPATE  IN  THIS  PILOT  PROGRAM.
EACH OFFICER CHOSEN SHALL WEAR A PERSONAL VIDEO RECORDING DEVICE AFFIXED
TO  HIS  OR  HER  UNIFORM  WHILE ON DUTY IN THE FACILITY CHOSEN FOR SUCH
PILOT PROGRAM. THE PERSONAL VIDEO RECORDING DEVICE SHALL RECORD ALL  THE
INTERACTIONS  OF A CORRECTION OFFICER AND INMATES UNDER HIS OR HER CARE,
CUSTODY AND CONTROL. THE RECORDING SHALL INCLUDE BOTH AUDIO AND VIDEO.
  2. ALL SUCH EQUIPMENT SHALL BE INSTALLED ON OR BEFORE SIX MONTHS AFTER
THE EFFECTIVE DATE OF THE CHAPTER OF LAWS OF TWO THOUSAND  SIXTEEN  THAT
ADDED  THIS  SECTION.  THE  COMMISSIONER  SHALL PROMULGATE ALL RULES AND
REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.  SUCH
RULES  AND  REGULATIONS SHALL REQUIRE THAT ALL VIDEO RECORDINGS BE CATA-
LOGUED AND MAINTAINED AS A RECORD BY THE DEPARTMENT FOR  NOT  LESS  THAN
SIX  MONTHS AND SHALL ESTABLISH MINIMUM STANDARDS FOR THE PERSONAL VIDEO
RECORDING DEVICES, AND RECORDING EQUIPMENT TO BE  USED  AND  FURTHERMORE
SHALL  PROVIDE  FOR THE PROTECTION OF PERSONAL PRIVACY FOR THOSE PERSONS
WHOSE ACTIONS MAY BE RECORDED. NO PERSONAL VIDEO RECORDING  DEVICES  MAY
BE  USED  AS A MEANS TO CONDUCT SURVEILLANCE UPON ANY INMATE, OFFICER OR
EMPLOYEE OF THE DEPARTMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13768-02-6

S. 7367                             2

  3. THE COMMISSIONER SHALL ISSUE A REPORT  WITHIN  SIX  MONTHS  OF  THE
COMPLETION  OF THE PILOT PROGRAM DETAILING THE USE OF AND EVALUATING THE
EFFECTIVENESS OF PERSONAL VIDEO RECORDING DEVICES INCLUDING WHAT IMPACT,
IF ANY, THE USE OF BODY-WORN PERSONAL CAMERAS HAS ON  ASSAULTIVE  BEHAV-
IORS,  SERIOUS INJURY, DEATH, AND OTHER INDICATORS OF INCREASED PHYSICAL
SAFETY OF INMATES, OFFICERS AND PERSONNEL, AND WHICH SHALL ALSO  PROVIDE
RELEVANT RECOMMENDATIONS.
  S  2. This act shall take effect six months after it shall have become
a law.