New York § 135-A - 135-AFixed camera coverage

§ 135-A. 135-AFixed camera coverage

§ 135-a. Fixed camera coverage. 1. Definitions. For the purposes of this section, the following terms shall have the following meanings: (a) "Covered facility" means any institution or correctional facility operated by the department of corrections and community supervision. (b) "Covered vehicle" means any vehicle used for the transport of incarcerated individuals. (c) "Comprehensive camera coverage" means the installation, operation, and maintenance of fixed or stationary cameras sufficient to capture, without complete fixed obstruction, audio and clear visual footage of the activities and movement of all persons within all housing units, common areas, medical units, corridors, program and service areas, entrances, exits, and other spaces in which incarcerated individuals are present in each such covered facility, operating twenty-four hours a day, with the exception of the interior of cells, showers, and toilet areas and operating within each covered vehicle at any time such vehicle is occupied by any individual. (d) "Recording request" means a formal request for access to fixed or stationary camera footage made by legal representatives, prosecutors, defendants, or their counsel, relevant to any investigation or legal proceeding involving a covered facility. 2. Within one hundred eighty days of the effective date of this section, the commissioner shall develop a plan to establish comprehensive camera coverage for each covered facility and within each covered vehicle, which shall include the financial and operational feasibility of establishing such coverage and storing and retaining footage of such coverage, as well as reasonable projected timelines for implementation at each facility. Upon completion of the written plan, the commissioner shall promptly transmit the plan to the speaker of the assembly, the temporary president of the senate, and the governor. 3. Following transmission of the written plan required pursuant to subdivision two of this section, the commissioner shall immediately take all reasonable and necessary steps to commence implementation of the plan and to establish comprehensive camera coverage at each covered facility and within each covered vehicle in accordance with the timelines set forth therein, subject to the availability of appropriated funds. Nothing in this section shall be construed to prohibit or discourage the commissioner from initiating implementation of any component of the plan prior to such transmission. 4. Within one hundred eighty days of the effective date of this section, the commissioner shall promulgate rules and regulations to ensure that once a covered facility or covered vehicle has been equipped with comprehensive camera coverage, such covered facility or covered vehicle shall maintain a consistent state of coverage. Such rules and regulations shall, at a minimum, include: (a) routine inspection of camera placement, functionality, image quality, and data retention; (b) protocols for addressing non-functioning cameras, including reasonable timeframes for repair or replacement; (c) procedures for documenting and investigating equipment failures or gaps in coverage, including blind spots; (d) requirements for retention, storage, and secure access to camera footage, including a minimum retention period of no less than sixty days for all footage, and a requirement that any footage related to an investigation by the department's office of special investigations regarding an allegation of staff misconduct or criminal activity be preserved for no less than five years, or longer if required by law, investigation, litigation hold, or administrative proceeding; and (e) regular review of camera systems to ensure continued effectiveness in promoting safety, accountability, and facility operations. 5. Fixed or stationary camera footage from covered facilities and covered vehicles under this section shall be provided if a formal recording request is made and accompanied by a valid subpoena or a court order issued by a court of competent jurisdiction. Nothing in this subdivision shall be construed to prohibit or restrict the disclosure of audio recordings or video footage to any person or entity otherwise lawfully entitled to receive such recordings or footage pursuant to law, court order, or lawful process. 6. The office of the state inspector general may receive and investigate complaints from any source, or upon the inspector general's own initiative, concerning allegations of failure to adhere to the provisions of this section. The office of the state inspector general may also conduct audits of covered facilities, as appropriate, to ensure compliance with this section. 7. The commissioner shall make an annual report to the speaker of the assembly, the temporary president of the senate, the governor, and the state inspector general of the actions taken pursuant to this section including, but not limited to, documentation of incidents and investigations regarding equipment failures or gaps in coverage beginning one year after the effective date of this section; provided, however, that the report shall be prepared in a manner that does not undermine or compromise facility security, the safety of staff or incarcerated individuals, or ongoing investigations.