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.