N.Y.
Correction Law Section 628
Surveillance, recording, and investigations
1.
Definitions. For the purposes of this section, the following terms shall have the following meanings:(a)
“Covered facility” means any institution or correctional facility.(b)
“Recording request” means a formal request for access to fixed or stationary camera footage made by legal representatives, prosecutors, defendants, or their counsel, relevant to any investigation or legal proceeding involving a covered facility.(c)
“Blind spot” means any area, regardless of size, within a correctional facility that is not under continuous twenty-four-hour surveillance by fixed, stationary, or repositionable cameras, and shall include areas that contain an object that obstructs the view of such cameras, poorly lit areas, areas subject to video distortion or glare, or any area otherwise inadequately covered such that ingress, egress or any other activity occurring in such area, cannot be clearly or reliably detected or recorded.2.
Comprehensive camera coverage.(a)
All covered facilities in the state shall be required to install, operate, and maintain fixed or stationary cameras sufficient to capture the activities and movement of all persons within each such covered facilities, with the exception of the interior of cells, showers, and toilet areas. For each area in which there is not fixed or stationary camera coverage of the interior of such area, cameras shall be installed, operated, and maintained which capture the ingress and egress of such areas.(b)
Fixed or stationary cameras installed in covered facilities shall capture both audio and visual footage.(c)
Each covered facility shall ensure that all fixed or stationary cameras capture a clear visual of the activities within such covered facility. The superintendent or warden or their designee shall perform regular assessments and improvements to fixed or stationary camera placement and functionality to ensure complete coverage. If at any time, the superintendent or warden or their designee becomes aware of any non-functioning fixed or stationary cameras, or any blind spot, such issues shall be documented, investigated and actions shall be taken to remedy the problems that led to incomplete camera coverage or unavailable camera footage.(d)
Fixed or stationary cameras in covered facilities shall operate continuously for twenty-four hours a day.3.
Retention. All fixed or stationary camera footage captured under this section shall be preserved for a minimum of one year. If there is an allegation or report of any staff misconduct or rule violation, such footage from the time period of such incident shall be preserved for a minimum of five years.4.
Access to recordings.(a)
Fixed or stationary camera footage from covered facilities under this section shall be provided upon request if such request is accompanied by a valid subpoena or a court order issued by a court of competent jurisdiction.(b)
Fixed or stationary camera footage relevant to any complaint, investigation, or legal proceeding shall be preserved for a minimum of five years from the date of such complaint or incident.5.
Enforcement. The office of the inspector general shall determine whether any enforcement actions are warranted for failure to install or maintain adequate fixed or stationary camera coverage, including the recommendation of monetary penalties or corrective actions.6.
Accountability and review.(a)
The office of the state inspector general shall conduct annual audits of covered facilities to ensure compliance with this section. The findings of such audits shall be made available to the public through an annual report.(b)
The commissioner shall make an annual report to the speaker of the assembly, the temporary president of the senate, and the governor of all the incidents documented, investigated, and all of the actions taken pursuant to subdivision two of this section beginning one year after the effective date of this section. * NB Effective December 19, 2026
Source:
Section 628 — Surveillance, recording, and investigations, https://www.nysenate.gov/legislation/laws/COR/628 (updated Dec. 26, 2025; accessed Jan. 3, 2026).
