New York 2025-2026 Regular Session

New York Assembly Bill A04028

Introduced
1/30/25  
Refer
1/30/25  

Caption

Requires the disclosure of video footage related to the death of an incarcerated individual involving a correctional officer to the attorney general's office of special investigation.

Summary

Bill A04028 aims to enhance transparency and accountability within correctional facilities by mandating the disclosure of video footage related to the deaths of incarcerated individuals involving correctional officers. The bill stipulates that any video footage, including recordings from various devices used by correctional staff, must be submitted to the attorney general's office of special investigations within 72 hours of the incident. This measure is intended to promote public trust and deter misconduct within the correctional system.

Impact

If enacted, this bill would amend the correction law in New York, specifically adding a new section that outlines the requirements for video footage disclosure. This change would impact how correctional facilities operate regarding the handling of incidents involving deaths, potentially leading to increased scrutiny and oversight of correctional officers' actions. The bill could also influence the legal processes surrounding investigations into such deaths, as it establishes a clear protocol for the timely release of evidence to authorities.

Sentiment

The sentiment surrounding Bill A04028 appears to be generally supportive among advocates for transparency and criminal justice reform, who view it as a necessary step towards accountability in correctional facilities. However, there may be concerns from some correctional officers and their representatives regarding the implications of such disclosures on their safety and privacy, as well as the potential for misinterpretation of the footage.

Contention

Notable points of contention may arise from law enforcement and correctional officer unions, who might argue that the bill could undermine the integrity of investigations or lead to premature public judgment of officers involved in such incidents. Conversely, advocates for the bill emphasize the importance of transparency and the need for accountability in cases of death in custody, arguing that timely access to video evidence is crucial for justice.

Companion Bills

NY S03653

Same As Requires the disclosure of video footage related to the death of an incarcerated individual involving a correctional officer to the attorney general's office of special investigation.

Previously Filed As

NY S03653

Requires the disclosure of video footage related to the death of an incarcerated individual involving a correctional officer to the attorney general's office of special investigation.

NY AB634

Release of audio and video footage following officer-involved deaths or other critical incidents involving a law enforcement officer. (FE)

NY S08415

Enacts into law components of legislation necessary to implement an omnibus bill related to correctional services in the state of New York; requires the timely disclosure of video footage related to the death of incarcerated individuals to the attorney general's office of special investigations (Part A); requires institutions and local correctional facilities to adhere to certain standards regarding the camera coverage of incarcerated individuals and detainees, and access to such camera recordings (Part B); provides notice of the death of an incarcerated individual occurring in the custody of the department of corrections and community supervision; requires the department to promptly notify the next of kin and any other person designated as the representative of any incarcerated individual whose death takes place during custody (Part C); directs the state commission of correction to conduct a comprehensive study on deaths in correctional facilities within New York state to provide data-driven insights and recommendations to improve prison conditions, healthcare, and policies to prevent future tragedies (Part D); establishes the Terry Cooper autopsy accountability act requiring autopsy reports to include all photographs of the body, microscopic slides, and post-mortem x-rays taken by, at the direction of, or reviewed by the person performing the autopsy (Part E); relates to conflicts within the office of special investigation; provides that if the office of the attorney general has a conflict representing state employees in civil litigation, the attorney general may designate a deputy attorney general or assistant attorney general to act in their place; requires the attorney general to establish procedures to screen off certain records (part F); requires the commissioner of corrections and community supervision to collect and report on data from the office of special investigations regarding complaints received by such office in the previous quarter (Part G); increases the number of members on the state commission of correction; provides for the manner of confirmation of such members (Part H); relates to correctional facility visits by the correctional association; authorizes the correctional association to visit correctional facilities at any time with 24 hours advance notice; grants the correctional association access to certain records and information of correctional facilities (Part I); relates to the tolling of statute of limitations for individuals in state custody; provides that with respect to state action brought by anyone to recover damages for physical, psychological, or other injury or condition suffered while in state custody, the time in which such action must commence shall be extended to three years after such person is released from such custody (Part J).

NY A08871

Enacts into law components of legislation necessary to implement an omnibus bill related to correctional services in the state of New York; requires the timely disclosure of video footage related to the death of incarcerated individuals to the attorney general's office of special investigations (Part A); requires institutions and local correctional facilities to adhere to certain standards regarding the camera coverage of incarcerated individuals and detainees, and access to such camera recordings (Part B); provides notice of the death of an incarcerated individual occurring in the custody of the department of corrections and community supervision; requires the department to promptly notify the next of kin and any other person designated as the representative of any incarcerated individual whose death takes place during custody (Part C); directs the state commission of correction to conduct a comprehensive study on deaths in correctional facilities within New York state to provide data-driven insights and recommendations to improve prison conditions, healthcare, and policies to prevent future tragedies (Part D); establishes the Terry Cooper autopsy accountability act requiring autopsy reports to include all photographs of the body, microscopic slides, and post-mortem x-rays taken by, at the direction of, or reviewed by the person performing the autopsy (Part E); relates to conflicts within the office of special investigation; provides that if the office of the attorney general has a conflict representing state employees in civil litigation, the attorney general may designate a deputy attorney general or assistant attorney general to act in their place; requires the attorney general to establish procedures to screen off certain records (part F); requires the commissioner of corrections and community supervision to collect and report on data from the office of special investigations regarding complaints received by such office in the previous quarter (Part G); increases the number of members on the state commission of correction; provides for the manner of confirmation of such members (Part H); relates to correctional facility visits by the correctional association; authorizes the correctional association to visit correctional facilities at any time with 24 hours advance notice; grants the correctional association access to certain records and information of correctional facilities (Part I); relates to the tolling of statute of limitations for individuals in state custody; provides that with respect to state action brought by anyone to recover damages for physical, psychological, or other injury or condition suffered while in state custody, the time in which such action must commence shall be extended to three years after such person is released from such custody (Part J).

NY A09516

Requires the timely disclosure of video footage or audio recordings related to the death of incarcerated individuals involving correction officers or peace officers to the attorney general's office of special investigations (Part A); relates to establishing comprehensive camera coverage for covered facilities and covered vehicles; repeals certain provisions of the correction law relating to requiring institutions and local correctional facilities to adhere to certain standards regarding the camera coverage of incarcerated individuals and detainees, and access to such camera recordings (Part B); clarifies standards for next of kin notifications where an incarcerated individual dies in custody (Part C); relates to the time within which the state commission of correction shall issue a report to the governor, the temporary president of the senate and the speaker of the assembly of the findings of a study on deaths in state correctional facilities within the state of New York (Part D); provides access to microscopic slides upon request for certain autopsies (Part E); intentionally omitted (Part F); relates to data on substantiated, unfounded, and unsubstantiated allegations received by the office of special investigations required to be collected and reported by the commissioner of corrections and community supervision (Part G); relates to the state commission of correction; provides for the manner of confirmation of such members; relates to the effectiveness of such provisions (Part H); authorizes the correctional association to visit correctional facilities with twenty-four hours advance notice and grants the correctional association access to certain records and information of correctional facilities (Part I); provides that with respect to state action brought by anyone to recover damages for physical, psychological, or other injury or condition suffered while in state custody, the time in which such action must commence shall be extended to two years after such person is released from such custody (Part J).

NY S08825

Requires the timely disclosure of video footage or audio recordings related to the death of incarcerated individuals involving correction officers or peace officers to the attorney general's office of special investigations (Part A); relates to establishing comprehensive camera coverage for covered facilities and covered vehicles; repeals certain provisions of the correction law relating to requiring institutions and local correctional facilities to adhere to certain standards regarding the camera coverage of incarcerated individuals and detainees, and access to such camera recordings (Part B); clarifies standards for next of kin notifications where an incarcerated individual dies in custody (Part C); relates to the time within which the state commission of correction shall issue a report to the governor, the temporary president of the senate and the speaker of the assembly of the findings of a study on deaths in state correctional facilities within the state of New York (Part D); provides access to microscopic slides upon request for certain autopsies (Part E); intentionally omitted (Part F); relates to data on substantiated, unfounded, and unsubstantiated allegations received by the office of special investigations required to be collected and reported by the commissioner of corrections and community supervision (Part G); relates to the state commission of correction; provides for the manner of confirmation of such members; relates to the effectiveness of such provisions (Part H); authorizes the correctional association to visit correctional facilities with twenty-four hours advance notice and grants the correctional association access to certain records and information of correctional facilities (Part I); provides that with respect to state action brought by anyone to recover damages for physical, psychological, or other injury or condition suffered while in state custody, the time in which such action must commence shall be extended to two years after such person is released from such custody (Part J).

NY SB1773

peace officers; cameras; disclosures; recordings.

NY HB4092

peace officers; cameras; disclosures; recordings

NY SB1675

Peace officers; cameras; disclosures; recordings

NY S0862

Correctional Officers, Correctional Probation Officers, and Institutional Security Specialists

Similar Bills

No similar bills found.