NY State Senate Bill 2025-S7312

Senate Bill S7312

2025-2026 Legislative Session

Requires institutions and local correctional facilities to adhere to certain surveillance, recording and investigation standards

download bill text pdf

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 09, 2025	referred to crime victims, crime and correction

2025-S7312 (ACTIVE) - Details

See Assembly Version of this Bill:: A7014
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §500-q, Cor L

2025-S7312 (ACTIVE) - Summary

Requires institutions and local correctional facilities to adhere to certain standards regarding the surveillance of incarcerated individuals and detainees, and access to such surveillance recordings.

2025-S7312 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7312

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to requiring insti-
tutions and local correctional facilities to adhere to certain surveil-
lance, recording and investigation standards

 
PURPOSE:

This bill establishes mandatory surveillance, recording, and retention
requirements in correctional facilities to enhance transparency,
accountability, and investigatory integrity.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new Section 500-q to the correction law - Surveillance,
Recording, and Investigations, with seven subdivisions:

Subdivision 1 contains definitions:

(1)(a) defines a "covered facility" is defined as any institution or
local correctional facility.

(1)(b) defines "recording request" as a formal request for surveillance
footage by legal representatives, prosecutors, defendants, or their
counsel.

Subdivision 2, Comprehensive Camera Coverage, requires:

2)(a)that all covered facilities to install and maintain surveillance
cameras capturing activities in all areas except cells, showers, and
medical treatment rooms and, in those areas that are exempted from
coverage, requires cameras positioned to capture ingress and egress of
such exempted areas, and requires,

2(b)that surveillance cameras record both audio and video,

2(c)that facilities ensure footage provides clear visual evidence and to
address any identified camera failures,

2(d) that there be 24-hour operation for all fixed surveillance cameras,

Subdivision 3, Body-Worn Camera Usage, requires:

3(a)that all staff wear body-worn cameras while on duty in areas where
incarcerated individuals are present,

3(b)documentation of body-worn camera use, including logs of any Deacti-
vations,

3(c) that all footage to be uploaded at the end of each shift.

Subdivision 4, Retention of Surveillance Footage, requires:

4(a)a minimum six-month retention period for all footage,


4(b) retention to five years if an allegation or misconduct report is
filed,

Subdivision 5, Access to Surveillance Footage, requires:

5(a)granting access to recordings upon request to legal counsel for
detainees (with consent) and prosecutors or defense counsel in relevant
proceedings,

5(b)facilities to respond to requests within ten business days,

5(c)efforts to redact or obscure non-relevant individuals' identities,

5(d)preservation of footage for five years in cases of complaints or
legal proceedings.

Subdivision 6, Penalties and Enforcement, provides:

6(a) a $10,000.00 fine for each instance in which a covered facility has
failed to install or maintain camera coverage as required under this
law,

6(b) a $5,000 per day fine for failing to provide requested footage
within ten business days.  Subdivision 7, Accountability and Review,
requires:

7(a)the Office of the State Inspector General to conduct annual audits
of facilities for compliance,

7(b)public reporting of audit results, including penalties assessed.

Section 2 provides for an effective date.

 
JUSTIFICATION:

The need for stronger surveillance, recording, and investigation stand-
ards in correctional facilities has never been clearer and more urgent.
Recent investigations into allegations of widespread sexual abuse and
physical violence within New York correctional facilities at the state
and local level highlight a systemic failure to prevent, investigate,
and hold accountable those responsible for such abuses.  The lack of
comprehensive surveillance and accessible records have allowed miscon-
duct, including sexual assault by correction officers, to persist
unchecked, undermining detainee safety and violating federal guidelines
such as the Prison Rape Elimination Act (PREA).

The failure, for example, on the part of New York City to investigate
these allegations not only violates PREA but also creates an environment
where detainees are vulnerable to further abuse. Given that nearly 60%
of the lawsuits filed under the Adult Survivors Act stem from assaults
at Rikers, the current system clearly lacks the necessary oversight to
prevent such crimes.

Additionally, the Correctional Association of New York's 2023 Grievance
Report details a broken complaint system in which incarcerated individ-
uals face retaliation for reporting misconduct, and grievances are
routinely dismissed, delayed, or misclassified to protect correction

officers. This lack of transparency and accountability fosters a culture
of impunity, further necessitating stringent surveillance requirements.

The 2024 death of Robert Brooks at Marcy Correctional Facility-who was
fatally beaten by corrections officers while handcuffed- and the 2025
death of Messiah Nantwi at Midstate Correctional Facility demonstrate
the broader crisis of violence within New York's correctional system.
Many facilities lack adequate surveillance, and officers frequently
disable or fail to wear body cameras, undermining efforts to hold abus-
ers accountable.

This bill directly addresses these failures by:

*Mandating comprehensive camera coverage in all correctional facilities,
ensuring that blind spots where abuse occurs-such as storage rooms and
recreation areas - are monitored.

*Requiring body-worn cameras for all correctional staff on duty,
preventing officers from evading accountability through unrecorded
interactions.

*Implementing strict retention policies for footage, ensuring evidence
is not lost or tampered with in cases of reported misconduct.

*Granting detainees' and incarcerated individuals' legal counsel and
investigators timely access to surveillance footage, preventing delays
that hinder justice.

*Establishing penalties for facilities that fail to maintain adequate
surveillance, ensuring compliance with these protections.

The continued presence of officers accused of violence, including sexual
violence, within correctional facilities is unacceptable. The refusal or
inability of the City or State correctional agencies to properly inves-
tigate or discipline such officers further exacerbates the trauma of
survivors and signals to other victims that their reports will be
ignored. These failures also signal to other officers that they can
engage in such conduct with impunity. Without immediate legislative
action to increase oversight through mandatory surveillance, detainees
and incarcerated individuals will remain at risk, and systemic abuse
will continue.

This bill is a crucial step toward restoring justice, preventing future
violations, and upholding the dignity and rights of incarcerated indi-
viduals. The state of New York must act decisively to ensure that no
detainee or incarcerated individual suffers abuse due to the failures of
the governmental entities to take active steps to eliminate such staff
violence.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect one year after passage.

2025-S7312 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7312
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 9, 2025
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, 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 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10680-01-5
 S. 7312                             2

 
   (C) EACH COVERED FACILITY SHALL ENSURE THAT ALL  SURVEILLANCE  FOOTAGE
 CAPTURES CLEAR VISUAL EVIDENCE OF ACTIVITIES WITHIN SUCH COVERED FACILI-
 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.
 S. 7312                             3
 
   7. 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
 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.

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