S T A T E O F N E W Y O R K
________________________________________________________________________
3653
2025-2026 Regular Sessions
I N S E N A T E
January 29, 2025
___________
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 requiring the disclo-
sure of video footage related to the death of an incarcerated individ-
ual involving a correctional officer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds and declares that
transparency and accountability in correctional facilities are essential
to maintaining public trust. This act seeks to promote accountability
and deter misconduct by requiring the timely disclosure of video footage
related to the death of incarcerated individuals involving correctional
officers to the attorney general's office of special investigations.
§ 2. The correction law is amended by adding a new section 22-b to
read as follows:
§ 22-B. DISCLOSURE OF VIDEO FOOTAGE RELATED TO THE DEATH OF INCARCER-
ATED INDIVIDUALS INVOLVING CORRECTIONAL OFFICERS. 1. DEFINITIONS. AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
(A) "CORRECTIONAL FACILITY" SHALL MEAN ANY FACILITY OPERATED BY THE
DEPARTMENT, A LOCAL CORRECTIONAL FACILITY AS DEFINED IN SUBDIVISION
SIXTEEN OF SECTION TWO OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO
RIKERS ISLAND.
(B) "VIDEO FOOTAGE" SHALL INCLUDE, BUT NOT BE LIMITED TO, RECORDINGS
FROM FIXED CAMERAS, BODY-WORN CAMERAS, HANDHELD DEVICES, OR ANY OTHER
RECORDING EQUIPMENT MAINTAINED OR USED BY CORRECTIONAL STAFF WITHIN
CORRECTIONAL FACILITIES.
2. DUTY TO DISCLOSE. THE DEPARTMENT AND ANY LOCAL CORRECTIONAL FACILI-
TY SHALL DISCLOSE TO THE ATTORNEY GENERAL'S OFFICE OF SPECIAL INVESTI-
GATION ANY VIDEO FOOTAGE THAT SUCH OFFICE DEEMS TO BE RELATED TO THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04536-02-5
S. 3653 2
DEATH OF AN INCARCERATED INDIVIDUAL. THIS SHALL INCLUDE ANY CASE IN
WHICH THE ATTORNEY GENERAL'S OFFICE OF SPECIAL INVESTIGATION DETERMINES
THE DEATH INVOLVES A CORRECTIONAL OFFICER.
3. TIMEFRAME FOR DISCLOSURE. SUCH VIDEO FOOTAGE SHALL BE DISCLOSED
WITHIN SEVENTY-TWO HOURS OF THE OCCURRENCE OF THE DEATH.
4. REDACTIONS AND EXCEPTIONS. (A) NO REDACTIONS SHALL BE MADE TO THE
VIDEO FOOTAGE BEFORE IT IS DISCLOSED TO THE ATTORNEY GENERAL'S OFFICE OF
SPECIAL INVESTIGATION. THE ATTORNEY GENERAL'S OFFICE OF SPECIAL INVESTI-
GATION SHALL MAINTAIN THE CONFIDENTIALITY OF ALL VIDEO FOOTAGE AND WILL
DETERMINE REDACTIONS PURSUANT TO ITS PUBLISHED VIDEO RELEASE POLICY.
(B) DISCLOSURE MAY BE DELAYED ONLY IF THE ATTORNEY GENERAL'S OFFICE OF
SPECIAL INVESTIGATION CERTIFIES THAT SUCH DISCLOSURE WOULD COMPROMISE AN
ONGOING CRIMINAL INVESTIGATION OR PROSECUTION. SUCH DELAY SHALL NOT
EXCEED NINETY DAYS WITHOUT ADDITIONAL CERTIFICATION.
§ 3. This act shall take effect immediately.