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).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8871
SPONSOR: Dilan TITLE OF BILL: An act to amend the correction law, in relation to
requiring the disclosure of video footage related to the death of an
incarcerated individual involving a correctional officer (Part A); to
amend the correction law, in relation to requiring institutions and
local correctional facilities to adhere to certain camera footage,
recording and investigation standards (Part B); to amend the correction
law, in relation to providing notice of the death of an incarcerated
individual occurring in the custody of the department of corrections and
community supervision (Part C); directing the state commission of
correction to conduct a comprehensive study on deaths in state correc-
tional facilities within New York state (Part D); to amend the county
law, in relation to requiring autopsy reports to include photographs,
microscopic slides, and post-mortem x-rays taken by, at the direction
of, or reviewed by the person performing the autopsy (Part E); to amend
the executive law and the county law, in relation to conflicts within
the office of special investigation (Part F); to amend the correction
law, in relation to reports on data collected from the office of special
investigations (Part G); to amend the correction law, in relation to the
membership of the state commission of correction (Part H); to amend the
correction law, in relation to correctional facility visits by the
correctional association (Part I); and to amend the civil practice law
and rules, the general municipal law and the court of claims act, in
relation to the tolling of statute of limitations for individuals in
state custody (Part J)
PURPOSE OR GENERAL IDEA OF BILL::
To enact into law legislation relating to safety, transparency, and
accountability in correctional facilities.
SUMMARY OF PROVISIONS::
Part A: Disclosure of Video Footage to the Attorney General
*This part would require that DOCCS and local correctional facilities
disclose video footage related to the death of an incarcerated individ-
ual involving a correctional officer to the Attorney General Office of
Special Investigations within 72 hours of such death.
*An exception to the timeline would be provided for when such a disclo-
sure would compromise an ongoing criminal investigation or prosecution.
Part B: Comprehensive Camera Coverage and Surveillance Dead Zones
*This part would require that all state and local correctional facili-
ties install, operate, and maintain fixed or stationary cameras covering
the entirety of their facilities' interior and 24 hours a day.
*This would not include the interior of cells, showers, and toilet
areas; this would include medical areas.
*Facilities would perform regular assessments to ensure complete cover-
age and ensure there are no blind spots.
Part C: Publication of Notice of Deaths in Custody
*This part would require DOCCS to notify the next of kin and any other
person designated as the representative of any incarcerated individual
whose death takes place in DOCCS custody.
*DOCCS would be required to publish notice of such death on its website
within 24 hours of notice to the next of kin.
Part D: Study of Deaths in DOCCS Custody
*This part would require that the State Commission of Correction conduct
a comprehensive study on deaths in New York State correctional facili-
ties and determine the causes of such deaths.
Part E: Terry Cooper Autopsy Accountability Act
*This part would require that an autopsy report include all photographs,
microscopic slides, and post-mortem x-rays taken by or at the direction
of the person performing the autopsy.
Part F: Appointing of a Special Prosecutor in an AG/OSI Conflict of
Interest
*This part would require the Attorney General to establish rules and
regulations relating to conflicts of interest to establish screening
processes and procedures.
*In the event there is a conflict whereby the attorney general may not
prosecute a matter, the Attorney General would be permitted to choose a
district attorney, or any attorney, with relevant experience and exper-
tise, to act as a "special DA" in place of the attorney general, subject
to court approval.
Part G: OSI Reporting Requirements
*This part would require that the commissioner collect data and report
quarterly to the legislature the number and type of complaints received
by DOCCS Office of Special Investigations and the outcome of those
investigations.
*DOCCS would be required to issue an annual report on recommendations
made by the Office, any actions taken in response to the recommenda-
tions, and average length of time it took OSI to close such investi-
gations.
Part H: Expansion of SCOC Membership
*This part would expand the membership of SCOC from three to nine
commissioners.
*Of the 6 new commissioners - Two commissioners would be appointed by
the Speaker, two by the Senate Pro Tempore, and two by CANY.
Part I: CANY Authority Expansion
*This part would make several changes to expand the authority of CANY
including:
*Allowing CANY to access and inspect DOCCS facilities with 24 hour
advanced notice, including in the event of a lock down or facility wide-
emergency;
*Allowing CANY to request and receive any information necessary to carry
out its functions, powers, and duties;
*Providing CANY access to records that are currently able to be accessed
via FOIL, without having to file a foil request.
Part J: Tolling of the Statute of Limitations
*This part would extend the statute of limitations to 3 years from the
date of the release of an incarcerated individual in order to file a
claim to recover damages for physical, psychological or other injury
suffered while in state custody.
JUSTIFICATION::
Recent events in correctional facilities under the supervision of the
New York State Department of Corrections and Community Supervision
(DOCCS), have intensified concerns regarding the conditions within such
facilities.
According to the Correctional Association of New York (CANY), 143 incar-
cerated individuals died while in DOCCS custody in 2024, representing a
34% increase from the previous year. While the causes of death for these
individuals vary, this trend points to systemic safety and security
issues within state correctional facilities. Heightened attention has
been drawn to the wellbeing of incarcerated individuals amid a growing
culture of violence and lack of accountability for in-custody deaths and
other critical incidents, particularly those involving allegations of
physical and sexual abuse. This has led to overarching questions regard-
ing existing complaint and investigation processes, oversight both with-
in and of the facilities, lack of data collection and transparency, and
ongoing staffing issues. This legislation intends to address concerns
relating to safety, transparency, and accountability in correctional
facilities
PRIOR LEGISLATIVE HISTORY::
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
None to the state.
EFFECTIVE DATE::
This act shall take effect immediately provided, however, that the
applicable effective date of Parts A through J of this act shall be as
specifically set forth in the last section of such parts.
