Gov. Hochul signs new prison legislation

ALBANY | Gov. Kathy Hochul has announced an agreement with the Legislature on the prison reform omnibus bill that would enact a series of 10 changes within state prisons and local jails. The bill (A8871/S8415) will improve the safety and security of all incarcerated individuals and employees within prisons and jails, while also increasing accountability through reporting and greater oversight, state officials said. Gov. Hochul said the legislation follows the murder of Robert Brooks and Messiah Nantwi in DOCCS prisons, after which she directed DOCCS to implement immediate changes and then worked with the Legislature to provide additional funding for cameras and investigational staff. "Every single individual who enters our prisons deserves to be safe, whether they are employed there or serving their time," Gov. Hochul said Dec. 19. "In the year since the murder of Robert Brooks, we have implemented a number of new policies and initiatives to begin the process of reforming our corrections system: expediting the installation and use of fixed and body worn cameras, making it law that body worn cameras must be worn and turned on, and investing more money in the Office of Special Investigations. I have been clear that there is more to do and I am grateful to the Legislature and the family of Robert Brooks for advocating for these reforms and working together to ensure that we could sign this important legislation to advance these reforms together. Our work is never done, and I will not stop working to ensure our correctional facilities are safe for all." With the changes agreed to with the legislature, the bill (A8871/S8415) codifies the requirement that cameras be installed in all facilities and also requires cameras to be installed in all vehicles used for the transport of incarcerated individuals, codifies the requirement that video evidence be promptly disclosed to investigating authorities, strengthens the procedures regarding notification to next of kin concerning deaths in custody, and strengthens the requirements surrounding autopsies of incarcerated individuals. The legislation also increases the number of members on the State Commission of Correction — boosting the total membership to five, including three full-time commissioners and two part-time — and requires the Commission to conduct a study on deaths in State correctional facilities. This legislation also improves reporting requirements, provides additional avenues for incarcerated individuals to privately contact the Correctional Association of New York, and gives returning New Yorkers the ability to file claims after their release for harms caused while incarcerated. DOCCS previously began implementing many core reforms with a clear focus on improving safety, accountability and transparency across the State's facilities. Body-worn cameras are now fully deployed statewide, with all correction officers required to activate them at all times by law, regulation, and policy. Regular audits are conducted to ensure compliance. Fixed-camera projects have been prioritized at Marcy and Mid-State, including in medical areas, and the Office of Special Investigations has expanded hiring to increase investigative, medical, and data-driven capabilities. In addition, DOCCS has implemented targeted de-escalation training, launched independent reviews of policies and practices, commissioned an external culture and harm-reduction assessment, and made leadership changes at both Marcy and Mid-State Correctional Facilities. The Department has also strengthened CERT operations through expanded training, background checks, and mandatory camera use during deployments, while advancing multiple contraband-control measures, including enhanced body scanning and legal mail screening. Together, these actions, and others, reflect a department that is not waiting to act but is already moving decisively forward and committed to meaningful, lasting change. Based on the agreement with the Legislature, the legislation signed Dec. 19 will: -Require State and local correctional facilities to disclose video footage related to deaths to Office of the Attorney General (OAG) within 72 hours, or within 24 hours if it is belatedly discovered. -Require complete audio/visual camera coverage in all Department of Correction and Community Supervision (DOCCS) facilities and transport vehicles, extended storage of videos, and quick disclosure of the videos to incarcerated individuals and their counsel. -Require DOCCS post online within 48 hours of notifying next of kin of an incarcerated individual's death. -Require the State Commission of Correction to conduct a study on DOCCS deaths over the past ten years. -Require copies of autopsy reports of individuals incarcerated in state or local facilities to include copies of the photographs and x-rays. -Provide for designation of a Deputy AG when OAG has a conflict. -Require DOCCS Office of Special Investigation (OSI) to quarterly report data. -Increase the number of SCOC commissioners from three to five total, including three full-time and two part-time members, with at least one of the commissioners being a formerly-incarcerated person. -Give the Correctional Association of New York (CANY) more access to DOCCS facilities and data and give incarcerated individuals more avenues to privately access CANY. -Provide a window post incarceration for individuals to file claims arising from harms caused during incarceration. New York State Department of Corrections and Community Supervision Commissioner Daniel F Martuscello III said, "In the wake of the horrific murders of Robert Brooks and Messiah Nantwi at the hands of correctional staff, the Department has undertaken the difficult but necessary work of reform focused on strengthening safety, transparency, and accountability across our system. With the signing of the omnibus bill, the Governor and the Legislature affirm my shared commitment to sustained, meaningful action. Taken together with the steps we have already implemented, this legislation positions the Department to move decisively forward. We are committed not to symbolic change, but to meaningful, lasting reform that focuses on dignity and respect for all."

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Gov. Hochul signs new prison legislation

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