S T A T E O F N E W Y O R K
________________________________________________________________________
4790
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
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Introduced by M. of A. BLAKE, BENEDETTO, COOK, DAVILA, DICKENS, GOTT-
FRIED, JEAN-PIERRE, JOYNER, MOSLEY, O'DONNELL, PEOPLES-STOKES, RIVERA,
SEAWRIGHT, STECK -- Multi-Sponsored by -- M. of A. CROUCH, LIFTON,
TITUS -- read once and referred to the Committee on 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:
§ 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 NINETEEN 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08781-01-9
A. 4790 2
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.
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.
§ 2. This act shall take effect six months after it shall have become
a law.