§ 628 — Surveillance, recording, and investigations

New York § 628

• Jurisdiction: New York
• Law COR: Correction
• Art. 22: Miscellaneous Provisions

Text

* § 628. Surveillance, recording, and investigations. 1. Definitions.\nFor the purposes of this section, the following terms shall have the\nfollowing meanings:\n (a) "Covered facility" means any institution or correctional facility.\n (b) "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 (c) "Blind spot" means any area, regardless of size, within a\ncorrectional facility that is not under continuous twenty-four-hour\nsurveillance by fixed, stationary, or repositionable cameras, and shall\ninclude areas that contain an object that obstructs the view of such\ncameras, poorly lit areas, areas subject to video distortion or glare,\nor any area otherwise inadequately covered such that ingress, egress or\nany other activity occurring in such area, cannot be clearly or reliably\ndetected or recorded.\n 2. Comprehensive camera coverage. (a) All covered facilities in the\nstate shall be required to install, operate, and maintain fixed or\nstationary cameras sufficient to capture the activities and movement of\nall persons within each such covered facilities, with the exception of\nthe interior of cells, showers, and toilet areas. For each area in which\nthere is not fixed or stationary camera coverage of the interior of such\narea, cameras shall be installed, operated, and maintained which capture\nthe ingress and egress of such areas.\n (b) Fixed or stationary cameras installed in covered facilities shall\ncapture both audio and visual footage.\n (c) Each covered facility shall ensure that all fixed or stationary\ncameras capture a clear visual of the activities within such covered\nfacility. The superintendent or warden or their designee shall perform\nregular assessments and improvements to fixed or stationary camera\nplacement and functionality to ensure complete coverage. If at any time,\nthe superintendent or warden or their designee becomes aware of any\nnon-functioning fixed or stationary cameras, or any blind spot, such\nissues shall be documented, investigated and actions shall be taken to\nremedy the problems that led to incomplete camera coverage or\nunavailable camera footage.\n (d) Fixed or stationary cameras in covered facilities shall operate\ncontinuously for twenty-four hours a day.\n 3. Retention. All fixed or stationary camera footage captured under\nthis section shall be preserved for a minimum of one year. If there is\nan allegation or report of any staff misconduct or rule violation, such\nfootage from the time period of such incident shall be preserved for a\nminimum of five years.\n 4. Access to recordings. (a) Fixed or stationary camera footage from\ncovered facilities under this section shall be provided upon request if\nsuch request is accompanied by a valid subpoena or a court order issued\nby a court of competent jurisdiction.\n (b) Fixed or stationary camera footage relevant to any complaint,\ninvestigation, or legal proceeding shall be preserved for a minimum of\nfive years from the date of such complaint or incident.\n 5. Enforcement. The office of the inspector general shall determine\nwhether any enforcement actions are warranted for failure to install or\nmaintain adequate fixed or stationary camera coverage, including the\nrecommendation of monetary penalties or corrective actions.\n 6. Accountability and review. (a) The office of the state inspector\ngeneral shall conduct annual audits of covered facilities to ensure\ncompliance with this section. The findings of such audits shall be made\navailable to the public through an annual report.\n (b) The commissioner shall make an annual report to the speaker of the\nassembly, the temporary president of the senate, and the governor of all\nthe incidents documented, investigated, and all of the actions taken\npursuant to subdivision two of this section beginning one year after the\neffective date of this section.\n * NB Effective December 19, 2026\n