S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4790
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of A. BLAKE, BENEDETTO, COOK, DAVILA, DICKENS, GOTT-
   FRIED, JEAN-PIERRE, JOYNER, MOSLEY, O'DONNELL, PEOPLES-STOKES, RIVERA,
   SEAWRIGHT, STECK -- Multi-Sponsored by -- M.  of  A.  CROUCH,  LIFTON,
   TITUS -- read once and referred to the Committee on 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 NINETEEN  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08781-01-9

 A. 4790                             2
 
 SHALL  PROVIDE  FOR THE PROTECTION OF PERSONAL PRIVACY FOR THOSE PERSONS
 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.