Senate Bill S6406

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6406
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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:
   §  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 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  CATALOGUED  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09512-01-1

 S. 6406                             2
 
 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.