S T A T E   O F   N E W   Y O R K
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                                   4437
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2017
                                ___________
 
 Introduced by Sens. MONTGOMERY, PERKINS -- read twice and ordered print-
   ed,  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 THE CHAPTER OF LAWS OF TWO THOUSAND SEVENTEEN 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
 SHALL  PROVIDE  FOR THE PROTECTION OF PERSONAL PRIVACY FOR THOSE PERSONS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05045-01-7

 S. 4437                             2
 
 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.