Fixed camera coverage

§ 135-a. Fixed camera coverage. 1. Definitions. For the purposes of\nthis section, the following terms shall have the following meanings:\n (a) "Covered facility" means any institution or correctional facility\noperated by the department of corrections and community supervision.\n (b) "Covered vehicle" means any vehicle used for the transport of\nincarcerated individuals.\n (c) "Comprehensive camera coverage" means the installation, operation,\nand maintenance of fixed or stationary cameras sufficient to capture,\nwithout complete fixed obstruction, audio and clear visual footage of\nthe activities and movement of all persons within all housing units,\ncommon areas, medical units, corridors, program and service areas,\nentrances, exits, and other spaces in which incarcerated individuals are\npresent in each such covered facility, operating twenty-four hours a\nday, with the exception of the interior of cells, showers, and toilet\nareas and operating within each covered vehicle at any time such vehicle\nis occupied by any individual.\n (d) "Recording request" means a formal request for access to fixed or\nstationary camera footage made by legal representatives, prosecutors,\ndefendants, or their counsel, relevant to any investigation or legal\nproceeding involving a covered facility.\n 2. Within one hundred eighty days of the effective date of this\nsection, the commissioner shall develop a plan to establish\ncomprehensive camera coverage for each covered facility and within each\ncovered vehicle, which shall include the financial and operational\nfeasibility of establishing such coverage and storing and retaining\nfootage of such coverage, as well as reasonable projected timelines for\nimplementation at each facility. Upon completion of the written plan,\nthe commissioner shall promptly transmit the plan to the speaker of the\nassembly, the temporary president of the senate, and the governor.\n 3. Following transmission of the written plan required pursuant to\nsubdivision two of this section, the commissioner shall immediately take\nall reasonable and necessary steps to commence implementation of the\nplan and to establish comprehensive camera coverage at each covered\nfacility and within each covered vehicle in accordance with the\ntimelines set forth therein, subject to the availability of appropriated\nfunds. Nothing in this section shall be construed to prohibit or\ndiscourage the commissioner from initiating implementation of any\ncomponent of the plan prior to such transmission.\n 4. Within one hundred eighty days of the effective date of this\nsection, the commissioner shall promulgate rules and regulations to\nensure that once a covered facility or covered vehicle has been equipped\nwith comprehensive camera coverage, such covered facility or covered\nvehicle shall maintain a consistent state of coverage. Such rules and\nregulations shall, at a minimum, include:\n (a) routine inspection of camera placement, functionality, image\nquality, and data retention;\n (b) protocols for addressing non-functioning cameras, including\nreasonable timeframes for repair or replacement;\n (c) procedures for documenting and investigating equipment failures or\ngaps in coverage, including blind spots;\n (d) requirements for retention, storage, and secure access to camera\nfootage, including a minimum retention period of no less than sixty days\nfor all footage, and a requirement that any footage related to an\ninvestigation by the department's office of special investigations\nregarding an allegation of staff misconduct or criminal activity be\npreserved for no less than five years, or longer if required by law,\ninvestigation, litigation hold, or administrative proceeding; and\n (e) regular review of camera systems to ensure continued effectiveness\nin promoting safety, accountability, and facility operations.\n 5. Fixed or stationary camera footage from covered facilities and\ncovered vehicles under this section shall be provided if a formal\nrecording request is made and accompanied by a valid subpoena or a court\norder issued by a court of competent jurisdiction. Nothing in this\nsubdivision shall be construed to prohibit or restrict the disclosure of\naudio recordings or video footage to any person or entity otherwise\nlawfully entitled to receive such recordings or footage pursuant to law,\ncourt order, or lawful process.\n 6. The office of the state inspector general may receive and\ninvestigate complaints from any source, or upon the inspector general's\nown initiative, concerning allegations of failure to adhere to the\nprovisions of this section. The office of the state inspector general\nmay also conduct audits of covered facilities, as appropriate, to ensure\ncompliance with this section.\n 7. The commissioner shall make an annual report to the speaker of the\nassembly, the temporary president of the senate, the governor, and the\nstate inspector general of the actions taken pursuant to this section\nincluding, but not limited to, documentation of incidents and\ninvestigations regarding equipment failures or gaps in coverage\nbeginning one year after the effective date of this section; provided,\nhowever, that the report shall be prepared in a manner that does not\nundermine or compromise facility security, the safety of staff or\nincarcerated individuals, or ongoing investigations.\n