NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6912
SPONSOR: Dilan
 
TITLE OF BILL:
An act to amend the correction law, in relation to requiring video
surveillance at the entrances and exits of medical wards and clinics
located in correctional facilities
 
PURPOSE:
The purpose of this legislation is to increase accountability within
correctional facility medical wards and clinics by increasing the pres-
ence of cameras at strategic entry and exit points. Medical wards and
clinics within correctional facilities have been utilized as safe spaces
for bad actors to abuse incarcerated individuals due to the lack of
surveillance. The increased surveillance that this legislation proposes
will create a deterrent effect, reducing the likelihood of abusive
behavior by documenting movements and interactions.
 
SUMMARY OF PROVISIONS:
Section 1: Requires all correctional facilities to conspicuously install
video cameras at the entrances and exits of their medical wards and
clinics. Facilities must post signage informing patients, visitors, and
staff of the surveillance. The cameras must operate continuously, with
footage securely stored for at least 90 days. Access to the footage is
restricted to authorized personnel of the correctional facility and
subject to periodic audits by the attorney general.
Section 2: This act shall take effect on the one hundred eightieth day
after it becomes law.
 
JUSTIFICATION:
This legislation provides crucial evidence to support investigations and
remedial action by capturing footage at the points where unauthorized or
abusive access might occur in correctional facilities.
Currently under the Health Insurance Portability and Accountability Act
(HIPAA), correctional facilities are prohibited from placing video
surveillance cameras within medical wards and clinics. Subsequently,
this has created vulnerabilities for incarcerated individuals within
these medical facilities as seen in the murder of Robert Brooks at Marcy
Correctional Facility.
In accordance with HIPAA, this legislation proposes the presence of
cameras at strategic entry and exit points within medical wards and
clinics that uphold patient privacy; it also addresses concerns of
misconduct through the deterrent effect, reducing the likelihood of
abusive behavior by documenting movements and interactions. Several
healthcare safety advocates and studies indicate that targeted surveil-
lance in non-patient care zones can significantly improve security
outcomes without compromising patient rights. The addition of surveil-
lance at entry and exit points will make it easier to verify and address
instances of misconduct.
 
LEGISLATIVE HISTORY:
None.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
6912
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. DILAN -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to requiring video
surveillance at the entrances and exits of medical wards and clinics
located in correctional facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 140-a
2 to read as follows:
3 § 140-a. Patient security. 1. Notwithstanding any provision of law,
4 rule or regulation to the contrary, the commissioner shall require every
5 correctional facility to conspicuously install video cameras at all
6 entrances and exits of its medical wards and clinics. Every such
7 correctional facility shall post signage to inform patients, visitors
8 and staff that surveillance is in operation at such designated areas.
9 2. Such video cameras shall operate on a continuous recording basis
10 with footage securely stored for a minimum of ninety days. Access to
11 such footage shall be restricted to authorized personnel of the correc-
12 tional facility and shall be subject to periodic audits by the attorney
13 general.
14 § 2. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10875-02-5