S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7014
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law,  in  relation  to  requiring  insti-
   tutions  and  local  correctional  facilities  to  adhere  to  certain
   surveillance, recording and investigation standards

   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 500-q
 to read as follows:
   §  500-Q. SURVEILLANCE, RECORDING, AND INVESTIGATIONS. 1. DEFINITIONS.
 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "COVERED  FACILITY"  MEANS  AN  INSTITUTION OR LOCAL CORRECTIONAL
 FACILITY.
   (B) "RECORDING REQUEST" MEANS A FORMAL REQUEST FOR ACCESS TO  SURVEIL-
 LANCE CAMERA FOOTAGE MADE BY LEGAL REPRESENTATIVES, PROSECUTORS, DEFEND-
 ANTS,  OR THEIR COUNSEL, RELEVANT TO ANY INVESTIGATION OR LEGAL PROCEED-
 ING INVOLVING A COVERED FACILITY.
   2. COMPREHENSIVE CAMERA COVERAGE. (A) ALL COVERED  FACILITIES  IN  THE
 STATE  SHALL  BE REQUIRED TO INSTALL, OPERATE, AND MAINTAIN SURVEILLANCE
 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 AND AREAS BEING USED EXCLUSIVELY TO
 PROVIDE MEDICAL TREATMENT TO INDIVIDUALS IN PRIVATE SETTINGS.  FOR  EACH
 AREA IN WHICH THERE IS NOT FIXED 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) SURVEILLANCE CAMERAS INSTALLED IN COVERED FACILITIES SHALL CAPTURE
 BOTH AUDIO AND VISUAL EVIDENCE.
   (C)  EACH  COVERED FACILITY SHALL ENSURE THAT ALL SURVEILLANCE FOOTAGE
 CAPTURES CLEAR VISUAL EVIDENCE OF ACTIVITIES WITHIN SUCH COVERED FACILI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10680-01-5
              

 A. 7014                             2
 
 TY. EACH COVERED FACILITY SHALL PERFORM REGULAR ASSESSMENTS AND IMPROVE-
 MENTS TO CAMERA PLACEMENT AND FUNCTIONALITY TO ENSURE COMPLETE COVERAGE.
 IF AT ANY TIME, A COVERED FACILITY BECOMES AWARE OF ANY  NON-FUNCTIONING
 CAMERAS,  ANY AREAS WHICH ARE NOT FULLY COVERED BY CAMERAS, OR ANY OTHER
 BARRIER TO REVIEWING ALL RELEVANT VIDEO FOOTAGE OF ANY AREA, 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 SURVEILLANCE CAMERAS IN  COVERED  FACILITIES  SHALL  OPERATE
 CONTINUOUSLY FOR TWENTY-FOUR HOURS A DAY.
   3.  COMPREHENSIVE  BODY  WORN  CAMERA  USAGE. (A) ALL STAFF OF COVERED
 FACILITIES SHALL WEAR BODY WORN CAMERAS  DURING  THE  ENTIRETY  OF  EACH
 SHIFT  IN  ANY LOCATION WHERE, AND AT ANY TIME WHEN, INCARCERATED PEOPLE
 ARE PERMITTED TO BE OR ARE PRESENT. SUCH BODY WORN CAMERAS SHALL CAPTURE
 BOTH VIDEO AND AUDIO.
   (B) COVERED FACILITY STAFF SHALL DOCUMENT USE OF BODY WORN CAMERAS  IN
 ACTIVITY  LOGS  AND  ACCESS  THE VIDEO MANAGEMENT SYSTEM TO IDENTIFY ANY
 UNUSUAL ACTIVITY, INCLUDING ALL USES OF FORCE, THAT OCCURRED DURING EACH
 SHIFT. ANY TIME WHEN A BODY WORN CAMERA WAS TURNED OFF, AND THE  REASON,
 SHALL BE IDENTIFIED IN SUCH LOG AND IN THE VIDEO MANAGEMENT SYSTEM.
   (C)  COVERED  FACILITY STAFF SHALL UPLOAD VIDEOS BY INSERTING THE BODY
 WORN CAMERA INTO THE  APPROPRIATE  DOCKING  STATION  TO  SO  UPLOAD  AND
 RECHARGE  THE BATTERY. ALL BODY WORN CAMERA FOOTAGE SHALL BE UPLOADED AT
 THE END OF EACH SHIFT.
   4. RETENTION. ALL SURVEILLANCE RECORDING FOOTAGE CAPTURED  UNDER  THIS
 SECTION  SHALL  BE PRESERVED FOR A MINIMUM OF SIX MONTHS. IF THERE IS AN
 ALLEGATION OR REPORT OF ANY STAFF MISCONDUCT OR RULE VIOLATION, SURVEIL-
 LANCE RECORDING FOOTAGE FROM THE TIME PERIOD OF SUCH INCIDENT  SHALL  BE
 PRESERVED FOR A MINIMUM OF FIVE YEARS.
   5.  ACCESS  TO  RECORDINGS.  (A)  SURVEILLANCE RECORDINGS FROM COVERED
 FACILITIES CAPTURED UNDER THIS SECTION SHALL BE PROVIDED UPON REQUEST BY
 ANY OF THE FOLLOWING PARTIES:
   (I) LEGAL COUNSEL FOR DETAINEES, AND  INCARCERATED  INDIVIDUALS,  UPON
 CONSENT OF THE INCARCERATED INDIVIDUAL SUBJECT OF THE ALLEGED ABUSE; AND
   (II)  PROSECUTORS  OR  DEFENSE  COUNSEL  INVOLVED  IN  RELEVANT  LEGAL
 PROCEEDINGS WHERE SUCH RECORDINGS ARE TO BE USED  FOR  THE  PURPOSES  OF
 SUCH PROCEEDINGS.
   (B) ALL REQUESTS FOR SURVEILLANCE FOOTAGE SHALL BE RESPONDED TO WITHIN
 TEN BUSINESS DAYS. FAILURE TO RESPOND WITHIN SUCH TIMEFRAME SHALL RESULT
 IN AUTOMATIC PENALTIES UNDER SUBDIVISION SIX OF THIS SECTION.
   (C)  COVERED  FACILITIES  SHALL MAKE BEST EFFORTS TO REDACT OR OBSCURE
 THE FACES OF PERSONS OTHER THAN THE SUBJECT OF THE ALLEGED ABUSE AND THE
 ALLEGED PERPETRATOR IN RESPONSE TO REQUESTS FOR SURVEILLANCE FOOTAGE.
   (D) SURVEILLANCE 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.
   6. PENALTIES AND ENFORCEMENT. (A) FOR EACH INSTANCE IN WHICH A COVERED
 FACILITY  FAILS  TO  INSTALL  OR MAINTAIN ADEQUATE CAMERA COVERAGE, SUCH
 COVERAGE FACILITY SHALL BE FINED TEN THOUSAND DOLLARS PER VIOLATION.
   (B) FOR EACH FAILURE TO PROVIDE REQUESTED FOOTAGE WITHIN THE TIMEFRAME
 SPECIFIED UNDER PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS  SECTION,  THE
 COVERED FACILITY SHALL BE FINED FIVE THOUSAND DOLLARS PER DAY UNTIL SUCH
 REQUESTED FOOTAGE IS PROVIDED.
   7.  ACCOUNTABILITY  AND  REVIEW. (A) THE OFFICE OF THE STATE INSPECTOR
 GENERAL SHALL CONDUCT ANNUAL AUDITS  OF  COVERED  FACILITIES  TO  ENSURE
 A. 7014                             3
 
 COMPLIANCE  WITH  THIS  SECTION.  THE  FINDINGS  OF SUCH AUDITS SHALL BE
 SUBMITTED TO THE LEGISLATURE AND THE GOVERNOR'S OFFICE.
   (B)  THE  RESULTS  OF THE AUDITS CONDUCTED UNDER PARAGRAPH (A) OF THIS
 SUBDIVISION, INCLUDING ANY PENALTIES ASSESSED, SHALL BE  MADE  AVAILABLE
 TO THE PUBLIC THROUGH AN ANNUAL REPORT.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.