S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3875
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee 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 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 CATALOGUED 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 WHOSE ACTIONS MAY BE RECORDED. NO PERSONAL VIDEO RECORDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05632-01-3
 A. 3875                             2
              

 
 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.