BILL NUMBER: S10110
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the correction law, in relation to providing for an
adverse inference in disciplinary proceedings against testimony of
correction officers who disable cameras
 
PURPOSE:
The purpose of this legislation is to require a prison disciplinary
proceeding to draw an adverse inference against the testimony of a
correction officer if that correction officer has violated DOCCS regu-
lations by turning off a prison camera or body worn camera thereby
preventing the camera(s) from recording video of an incident that has
led to an incarcerated individual being charged with an offense.
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 137 of the correction law by adding subdivi-
sion 7 that establishes that during disciplinary proceeding against an
incarcerated individual there shall be an adverse inference against the
testimony of an officer or other employee of the department when such
officer or, other employee has violated department rules by turning off
a facility camera or body-worn camera or otherwise prevented such camera
from recording the alleged incident.
Section 2: Sets forth the effective date.
 
JUSTIFICATION:
Current DOCCS policy and regulations requires all correction officers to
have body-worn cameras (BWC) turned on and attached to the upper front
torso of their uniform for the duration of their shift. This practice
ensures accountability and safety for both correction officers and
incarcerated individuals. Furthermore, BWC footage serves as a vital
primary source for documenting incidents in correctional facilities that
may lead to disciplinary action against incarcerated individuals.
However, in current practice, we have seen instances where the testimony
of correction officers is favored over that of incarcerated individuals,
even when there is evidence of video obstruction by the officer. This
has resulted in additional charges against the incarcerated individual.
To address this, the proposed legislation requires the result of a pris-
on disciplinary hearing to be based on an adverse inference against the
testimony of any correctional officer who violates DOCCS regulations by
turning off a prison camera or BWC, thereby preventing the recording of
an incident. This restores accountability and justice in the correction-
al system.
Given the essential role of BWCs in situations like prison disciplinary
proceedings and recognizing that turning off or obstructing a BWC is a
willful act indicative of bad faith, the proposed legislation calls for
an adverse inference against the officer's testimony in such cases. It
holds officers accountable for violating DOCCS policies by turning off
prison cameras or BWCs, thereby ensuring that incidents leading to
charges against incarcerated individuals are justly handled.
 
LEGISLATIVE HISTORY:
New Legislation.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S10110: 137 correction law