Legislation

§ 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.