BILL NUMBER: S8825
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the correction law and the executive law, in relation to
the disclosure of video footage and audio recordings related to the
death of an incarcerated individual involving certain correction offi-
cers or peace officers (Part A); to amend the correction law, in
relation to establishing comprehensive camera coverage for covered
facilities and covered vehicles; and to repeal certain provisions of the
correction law relating to requiring institutions and local correctional
facilities to adhere to certain camera footage, recording and investi-
gation standards (Part B); to amend the correction law, in relation to
next of kin notifications where the death of an incarcerated individual
occurs (Part C); to amend a chapter of the laws of 2025 directing the
state commission of correction to conduct a comprehensive study on
deaths in state correctional facilities within New York state, as
proposed in legislative bill numbers S. 8415 and A. 8871, in relation to
the time within which the state commission of correction shall issue a
report of the findings of such study (Part D); to amend the county law,
in relation to providing access to microscopic slides upon request for
certain autopsies (Part E); intentionally omitted (Part F); to amend the
correction law, in relation to data on substantiated, unfounded, and
unsubstantiated allegations received by the office of special investi-
gations (Part G); to amend the correction law, in relation to membership
of the state commission of correction; and to amend a chapter of the
laws of 2025 amending the correction law relating to the membership of
the state commission of correction, as proposed in legislative bill
numbers S. 8415 and A. 8871, in relation to the effectiveness thereof
(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 limita-
tions for individuals in state custody; to amend part J of a chapter of
the laws of 2025 amending the civil practice law and rules, the general
municipal law and the court of claims act relating to the tolling of
statute of limitations for individuals in state custody, as proposed in
legislative bill numbers S. 8415 and A. 8871, in relation to the effec-
tiveness thereof; and to repeal certain provisions of the general munic-
ipal law relating thereto (Part J)
 
PURPOSE:
This is a chapter amendment that makes changes to L.2025, C.707.
 
SUMMARY OF PROVISIONS:
This legislation amends Part A of the underlying chapter with a techni-
cal change to ensure all individuals employed by DOCCS and within local
correctional facilities are covered. It also requires DOCCS, or the
applicable local correctional facility, to make "reasonable good faith
efforts" to obtain and disclose footage within 72 hours of the death. If
footage is discovered after the 72-hour window, the footage must be
turned over within 24 hours of such discovery and include the circum-
stances surrounding the discovery.
This legislation amends Part B of the underlying chapter by expanding
coverage to all vehicles transporting incarcerated individuals. Within
180 days of the effective date, the DOCCS Commissioner must create a
plan to establish camera coverage in each facility and vehicle, includ-
ing the projected implementation timeline. Within 180 days of the effec-
tive date, DOCCS must create regulations necessary to effectuate compre-
hensive camera coverage.
This legislation amends Part C of the underlying chapter by requiring
DOCCS to be responsive to inquiries by the next of kin regarding the
preliminary determination. It also requires DOCCS to publish a public
notice of the death within 48 hours of the next of kin being notified.
This legislation amends Part D of the underlying chapter by extending
the study's due date from one year to eighteen months from the bill
signing.
This legislation amends Part E of the underlying chapter by removing
microscopic slides from autopsy report copies; however, the autopsy
report must acknowledge the omitted slides and state that the slides are
available for inspection upon request.
This legislation does not amend Part F of the underlying chapter.
This legislation amends Part G of the underlying chapter by including
technical definitions.
This legislation amends Part H of the underlying chapter by restructur-
ing SCOC membership to be three full time commissioners and two part-
time commissioners. It also adds that one member, full or part-time,
must be a formerly incarcerated individual, along with other qualifica-
tions for prospective commissioners.
This legislation amends Part I of the underlying chapter by permitting
DOCCS to limit CANY visits and inspections during a facility lockdown or
emergency, limiting the scope of automatic data sharing by DOCCS to
CANY, and authorizing CANY to establish a free hotline for incarcerated
individuals.
This legislation amends Part J of the underlying chapter by creating a
two-year post release window in which a formerly incarcerated individual
may sue for any claims that would otherwise be barred by the statute of
limitations.
 
JUSTIFICATION:
This legislation is a negotiated change to the underlying chapter.
 
LEGISLATIVE HISTORY:
Chapter amendment to Chapter 707 of the Laws of 2025.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2025 as proposed in legislative bills numbers S.
8415 and A. 8871, takes effect.

Statutes affected:
S8825: 70-b executive law, 50-e general municipal law, 50-e(1) general municipal law