Provides for an adverse inference against the testimony of an officer or other employee of the department of corrections and community supervision, where such officer or other employee violated department rules or regulations by turning off a facility camera or body-worn camera or otherwise prevented such camera or cameras from recording the incident which is the subject of such disciplinary proceeding.
Summary
A08745 amends the New York correction law to create an evidentiary rule for disciplinary proceedings involving incarcerated individuals. If a correction officer or other Department of Corrections and Community Supervision employee violates department rules by turning off a facility camera or body-worn camera, or otherwise prevents the camera from recording the incident at issue, the factfinder must draw an adverse inference against that employee’s testimony in the disciplinary case.
In practical terms, the bill is aimed at situations where video evidence is unavailable because staff allegedly disabled or interfered with recording equipment. It does not create a new criminal penalty or a new inmate right to damages; rather, it changes how testimony is evaluated in internal disciplinary proceedings against incarcerated people when camera footage should have existed but does not because of staff conduct.
Impact
The bill would add a new subdivision to section 137 of the correction law, affecting disciplinary proceedings in correctional facilities statewide. It would require hearing officers or other decision-makers to treat an officer’s testimony less favorably when the officer or another employee improperly disables a facility camera or body-worn camera, thereby strengthening the evidentiary position of incarcerated individuals in those proceedings and increasing accountability for correctional staff who interfere with recording devices.
Sentiment
The bill’s framing suggests a reform-oriented, oversight-focused approach, with the apparent goal of improving fairness and transparency in prison disciplinary hearings. Although no committee transcript or recorded vote is available here, the measure’s language indicates concern about the reliability of staff testimony when video evidence has been intentionally prevented from being created. The overall sentiment appears supportive of greater accountability for correctional personnel and stronger procedural protections for incarcerated people.
Contention
The main point of contention is likely to be whether an automatic adverse inference is appropriate whenever a camera is turned off or recording is prevented, even if the circumstances are disputed. Supporters would likely argue that the rule deters misconduct and addresses evidence gaps caused by staff control over cameras, while opponents may contend it could unfairly prejudice officers, create litigation over intent and technical failures, or complicate prison discipline by limiting deference to staff testimony.
Same As
Provides for an adverse inference against the testimony of an officer or other employee of the department of corrections and community supervision, where such officer or other employee violated department rules or regulations by turning off a facility camera or body-worn camera or otherwise prevented such camera or cameras from recording the incident which is the subject of such disciplinary proceeding.
Provides for an adverse inference against the testimony of an officer or other employee of the department of corrections and community supervision, where such officer or other employee violated department rules or regulations by turning off a facility camera or body-worn camera or otherwise prevented such camera or cameras from recording the incident which is the subject of such disciplinary proceeding.
Requires the department of corrections and community supervision to provide body-worn cameras to certain individuals visiting correctional facilities and provide those individuals with the footage from such cameras.
Requires the department of corrections and community supervision to provide body-worn cameras to certain individuals visiting correctional facilities and provide those individuals with the footage from such cameras.
Prohibits employees of the department of corrections and community supervision or a correctional facility from willfully obstructing, blocking or otherwise obscuring a body-worn or stationary camera from recording activities within a correctional facility for the purpose of hindering an existing or potential investigation, concealing a crime or criminal activity, or concealing otherwise unlawful behavior.
Prohibits employees of the department of corrections and community supervision or a correctional facility from willfully obstructing, blocking or otherwise obscuring a body-worn or stationary camera from recording activities within a correctional facility for the purpose of hindering an existing or potential investigation, concealing a crime or criminal activity, or concealing otherwise unlawful behavior.
Establishes The Body Cameras for Correctional Facilities Act which mandates all department of corrections staff with direct supervision rolls to wear body cameras while on duty in their assigned facility.
Establishes The Body Cameras for Correctional Facilities Act which mandates all department of corrections staff with direct supervision rolls to wear body cameras while on duty in their assigned facility.
Requires every parole officer and employee of the department of corrections and community supervision to wear body cameras with video and audio whenever he or she is interacting with a parolee; implements the use of cameras in every official office and room in the department.