Body cameras in correctional facilities. [Effective until July 1, 2027.]

Tenn. Code Ann. § 41-51-402, under Use of body cameras [Effective until July 1, 2027.].

Tenn. Code Ann. § 41-51-402

(a) Each correctional officer at a correctional facility shall utilize a body camera at all times when the officer is on duty at the facility and is in contact with or may reasonably anticipate contact or interaction with an inmate. The body camera must be recording at all times when utilized in accordance with this subsection (a).

(b) (1) A prison contractor providing correctional services at a correctional facility is responsible for the costs of procuring an adequate number of body cameras to comply with this section, including the costs of data storage and maintenance. The prison contractor shall transmit body camera footage to the department for review and transmission, as applicable, pursuant to subdivision (b)(2) as soon as practicable.(2) The department, within the existing resources of the department:(A) Shall designate one (1) or more employees to review captured body camera recordings for each incident, interaction between two (2) or more inmates, or interaction between a correctional officer and an inmate or another correctional officer that is or that is suspected to be unlawful, abusive, or that may otherwise require a report or the discipline of an inmate. The review of each body camera recording must occur no later than five (5) business days after any investigation into an incident or interaction, as necessary. Body camera recordings that must be transmitted or that may be subject to a request must be stored and maintained securely and preserved for a period of not less than one (1) year. The body camera recordings must be stored and maintained in a manner that makes such recordings readily transmissible to the district attorney general and a prosecuting authority in accordance with subdivisions (b)(2)(B) and (C). A body camera recording, or a portion thereof, that is not subject to storage and maintenance under this subdivision (b)(2)(A) may be deleted no earlier than seven (7) days after the recording is reviewed;(B) Shall transmit to the district attorney general each portion of a body camera recording that captures an incident, interaction between two (2) or more inmates, or interaction between a correctional officer and an inmate or another correctional officer that is or that is suspected to be unlawful, abusive, or that may otherwise require a report or the discipline of an inmate. Such recordings must be transmitted to the district attorney general no later than forty-eight (48) hours after the body camera recording is reviewed pursuant to subdivision (b)(2)(A). If the district attorney general, after reviewing a body camera recording, determines that the recording does not capture activity that is unlawful or prosecutable, the district attorney general shall notify the department and prison contractor that the recording may be deleted in accordance with subdivision (b)(2)(A); and(C) Shall provide to any federal, state, or local prosecuting authority any body camera recording upon request within forty-eight (48) hours of such request, or as otherwise specified by the prosecuting authority.

(1) A prison contractor providing correctional services at a correctional facility is responsible for the costs of procuring an adequate number of body cameras to comply with this section, including the costs of data storage and maintenance. The prison contractor shall transmit body camera footage to the department for review and transmission, as applicable, pursuant to subdivision (b)(2) as soon as practicable.

(2) The department, within the existing resources of the department:(A) Shall designate one (1) or more employees to review captured body camera recordings for each incident, interaction between two (2) or more inmates, or interaction between a correctional officer and an inmate or another correctional officer that is or that is suspected to be unlawful, abusive, or that may otherwise require a report or the discipline of an inmate. The review of each body camera recording must occur no later than five (5) business days after any investigation into an incident or interaction, as necessary. Body camera recordings that must be transmitted or that may be subject to a request must be stored and maintained securely and preserved for a period of not less than one (1) year. The body camera recordings must be stored and maintained in a manner that makes such recordings readily transmissible to the district attorney general and a prosecuting authority in accordance with subdivisions (b)(2)(B) and (C). A body camera recording, or a portion thereof, that is not subject to storage and maintenance under this subdivision (b)(2)(A) may be deleted no earlier than seven (7) days after the recording is reviewed;(B) Shall transmit to the district attorney general each portion of a body camera recording that captures an incident, interaction between two (2) or more inmates, or interaction between a correctional officer and an inmate or another correctional officer that is or that is suspected to be unlawful, abusive, or that may otherwise require a report or the discipline of an inmate. Such recordings must be transmitted to the district attorney general no later than forty-eight (48) hours after the body camera recording is reviewed pursuant to subdivision (b)(2)(A). If the district attorney general, after reviewing a body camera recording, determines that the recording does not capture activity that is unlawful or prosecutable, the district attorney general shall notify the department and prison contractor that the recording may be deleted in accordance with subdivision (b)(2)(A); and(C) Shall provide to any federal, state, or local prosecuting authority any body camera recording upon request within forty-eight (48) hours of such request, or as otherwise specified by the prosecuting authority.

(A) Shall designate one (1) or more employees to review captured body camera recordings for each incident, interaction between two (2) or more inmates, or interaction between a correctional officer and an inmate or another correctional officer that is or that is suspected to be unlawful, abusive, or that may otherwise require a report or the discipline of an inmate. The review of each body camera recording must occur no later than five (5) business days after any investigation into an incident or interaction, as necessary. Body camera recordings that must be transmitted or that may be subject to a request must be stored and maintained securely and preserved for a period of not less than one (1) year. The body camera recordings must be stored and maintained in a manner that makes such recordings readily transmissible to the district attorney general and a prosecuting authority in accordance with subdivisions (b)(2)(B) and (C). A body camera recording, or a portion thereof, that is not subject to storage and maintenance under this subdivision (b)(2)(A) may be deleted no earlier than seven (7) days after the recording is reviewed;

(B) Shall transmit to the district attorney general each portion of a body camera recording that captures an incident, interaction between two (2) or more inmates, or interaction between a correctional officer and an inmate or another correctional officer that is or that is suspected to be unlawful, abusive, or that may otherwise require a report or the discipline of an inmate. Such recordings must be transmitted to the district attorney general no later than forty-eight (48) hours after the body camera recording is reviewed pursuant to subdivision (b)(2)(A). If the district attorney general, after reviewing a body camera recording, determines that the recording does not capture activity that is unlawful or prosecutable, the district attorney general shall notify the department and prison contractor that the recording may be deleted in accordance with subdivision (b)(2)(A); and

(C) Shall provide to any federal, state, or local prosecuting authority any body camera recording upon request within forty-eight (48) hours of such request, or as otherwise specified by the prosecuting authority.

(c) The department shall aggregate body camera data that requires transmission pursuant to subdivision (b)(2) and submit a quarterly report to the chair of the corrections subcommittee of the state and local government committee of the senate and to the chair of the committee of the house of representatives with jurisdiction over corrections. The department shall submit an annual report to such chairs no later than June 30, 2027.