BILL NUMBER: S8415
SPONSOR: SALAZAR
TITLE OF BILL:
An act to amend the correction law, in relation to requiring the disclo-
sure of video footage related to the death of an incarcerated individual
involving a correctional officer (Part A); to amend the correction law,
in relation to requiring institutions and local correctional facilities
to adhere to certain camera footage, recording and investigation stand-
ards (Part B); to amend the correction law, in relation to providing
notice of the death of an incarcerated individual occurring in the
custody of the department of corrections and community supervision (Part
C); directing the state commission of correction to conduct a comprehen-
sive study on deaths in state correctional facilities within New York
state (Part D); to amend the county law, in relation to requiring autop-
sy reports to include photographs, microscopic slides, and post-mortem
x-rays taken by, at the direction of, or reviewed by the person perform-
ing the autopsy (Part E); to amend the executive law and the county law,
in relation to conflicts within the office of special investigation
(Part F); to amend the correction law, in relation to reports on data
collected from the office of special investigations (Part G); to amend
the correction law, in relation to the membership of the state commis-
sion of correction (Part H); to amend the correction law, in relation to
correctional facility visits by the correctional association (Part I);
and to amend the civil practice law and rules, the general municipal law
and the court of claims act, in relation to the tolling of statute of
limitations for individuals in state custody (Part J)
PURPOSE:
To increase accountability, transparency, and oversight within facili-
ties under the supervision of the Department of Corrections and Communi-
ty Supervision.
SUMMARY OF PROVISIONS:
Section 1 provides the structure of the bill, stating each Part contains
the relevant effective date within the last section of each Part.
Part A adds a new § 22-b and § 500-q to the Correction Law, to require
disclosure to the Office of the Attorney General of video footage
related to the death of incarcerated individuals involving correctional
officers.
Part B adds a new § 628 to the Correction Law, to require state correc-
tional facilities to install, operate, and maintain fixed or stationary
cameras throughout facilities.
Part C amends § 624 of the Correction Law, to require prompt notifica-
tion to the next of kin when an incarcerated individual's death takes
place in state custody.
Part D requires the State Commission of Correction to conduct a compre-
hensive study on deaths in state correctional facilities.
Part E amends § 674 and § 677 of the County Law, to require autopsy
reports include all photographs, microscopic slides, and post-mortem
x-rays reviewed by the person performing the autopsy.
Part F adds § 70-b of the Executive Law, to require the Office of the
Attorney General establish a screening process regarding conflicts of
interest. It also adds § 701(6) to the County Law, authorizing the
Attorney General to appoint a special district attorney.
Part G adds § 112(7) of the Correction Law, to require the Department of
Corrections and Community Supervision's Office of Special Investigation
report quarterly to the Legislature and Governor.
Part H amends § 41 of the Correction Law, to expand the membership of
the State Commission of Correction from three to nine members.
Part I amends § 146 of the Correction Law, to expand the oversight
authority granted to the Correctional Association of New York.
Part J adds § 208-a to the Civil Practice Law and Rules, to toll the
statute of limitations for claims accrued while under the jurisdiction
and in the care and custody of the Department of Corrections and Commu-
nity Supervision. It also amends § 11 of the Court of Claims Act, to
ease the pleading requirement for individuals bringing actions which
claims accrued while under the jurisdiction and in the care and custody
of the Department of Corrections and Community Supervision.
Section two is the severability clause.
Section three is the effective date.
JUSTIFICATION:
Recent events in correctional facilities under the supervision of the
Department of Corrections and Community Supervision (DOCCS) have inten-
sified concerns regarding accountability within correctional facilities.
This includes the high-profile deaths of Robert Brooks at Marcy Correc-
tional Facility in December 2024 and Messiah Nantwi at Mid-State Correc-
tional Facility in March 2025, as well as the three-week unsanctioned
work stoppage.
According to the Correctional Association of New York (CANY), 143 incar-
cerated individuals died while in DOCCS custody in 2024, representing a
34% increase from the previous year. While the causes of death for these
individuals vary, this trend points to systemic safety and security
issues within state correctional facilities. Heightened attention has
been drawn to the well-being of incarcerated individuals amid a growing
culture of violence and lack of accountability for in-custody deaths and
other critical incidents, particularly those involving allegations of
physical and sexual abuse. This has led to overarching questions regard-
ing existing complaint and investigation processes, oversight both with-
in and of the facilities, lack of data collection and transparency, and
ongoing staffing issues.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
Statutes affected: S8415: 624 correction law, 674 county law, 674(5) county law, 677 county law, 677(6) county law, 70-b executive law, 701 county law, 70-b(8) executive law, 41 correction law, 41(1) correction law, 50-e general municipal law, 50-e(8) general municipal law, 50-i general municipal law