Legislation

* § 628. Surveillance, recording, and investigations. 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.

(b) "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.

(c) "Blind spot" means any area, regardless of size, within a
correctional facility that is not under continuous twenty-four-hour
surveillance by fixed, stationary, or repositionable cameras, and shall
include areas that contain an object that obstructs the view of such
cameras, poorly lit areas, areas subject to video distortion or glare,
or any area otherwise inadequately covered such that ingress, egress or
any other activity occurring in such area, cannot be clearly or reliably
detected or recorded.

2. Comprehensive camera coverage. (a) All covered facilities in the
state shall be required to install, operate, and maintain fixed or
stationary cameras sufficient to capture the activities and movement of
all persons within each such covered facilities, with the exception of
the interior of cells, showers, and toilet areas. For each area in which
there is not fixed or stationary camera coverage of the interior of such
area, cameras shall be installed, operated, and maintained which capture
the ingress and egress of such areas.

(b) Fixed or stationary cameras installed in covered facilities shall
capture both audio and visual footage.

(c) Each covered facility shall ensure that all fixed or stationary
cameras capture a clear visual of the activities within such covered
facility. The superintendent or warden or their designee shall perform
regular assessments and improvements to fixed or stationary camera
placement and functionality to ensure complete coverage. If at any time,
the superintendent or warden or their designee becomes aware of any
non-functioning fixed or stationary cameras, or any blind spot, such
issues shall be documented, investigated and actions shall be taken to
remedy the problems that led to incomplete camera coverage or
unavailable camera footage.

(d) Fixed or stationary cameras in covered facilities shall operate
continuously for twenty-four hours a day.

3. Retention. All fixed or stationary camera footage captured under
this section shall be preserved for a minimum of one year. If there is
an allegation or report of any staff misconduct or rule violation, such
footage from the time period of such incident shall be preserved for a
minimum of five years.

4. Access to recordings. (a) Fixed or stationary camera footage from
covered facilities under this section shall be provided upon request if
such request is accompanied by a valid subpoena or a court order issued
by a court of competent jurisdiction.

(b) Fixed or stationary camera footage relevant to any complaint,
investigation, or legal proceeding shall be preserved for a minimum of
five years from the date of such complaint or incident.

5. Enforcement. The office of the inspector general shall determine
whether any enforcement actions are warranted for failure to install or
maintain adequate fixed or stationary camera coverage, including the
recommendation of monetary penalties or corrective actions.

6. Accountability and review. (a) The office of the state inspector
general shall conduct annual audits of covered facilities to ensure
compliance with this section. The findings of such audits shall be made
available to the public through an annual report.

(b) The commissioner shall make an annual report to the speaker of the
assembly, the temporary president of the senate, and the governor of all
the incidents documented, investigated, and all of the actions taken
pursuant to subdivision two of this section beginning one year after the
effective date of this section.

* NB Effective December 19, 2026