The New York state inspector general's office is calling for changes to be made to the state's body camera policy after the automatic video recall function was used to review footage during the investigation into the death of Robert Brooks after he was beaten at Marcy Correctional Facility. 

Inspector General Lucy Lang wants the state Division of Criminal Justice Services to revise the 2015 guidance to reflect the technological advances. Lang's letter to the DCJS can be found here. 

The video recall feature allows for up to 18 hours of video to be recorded automatically, which allowed body-worn camerasfootage of Brooks' being attacked to be recovered. 

Brooks' death triggered widespread outrage and calls for justice. Body camera footage released by the New York attorney general’s office shows correctional officers hitting Brooks while he was restrained at the prison on Dec. 9. He died the next day at a hospital in Utica. Several officers have been charged with his death.

New York state Attorney General Letitia James’ office said correction officer's cameras were powered on and captured the beating. However, COs did not have them activated, so cameras were only recording in “standby mode," also known as video recall mode, and recorded the incident without sound.

The New York State Department of Corrections and Community Supervision (DOCCS) and other agencies have a contract with Axon, a New York State Office of General Services (OGS) approved vendor. As of Feb. 3, the department has 5,403 body-worn cameras in use in 41 of the 42 state correctional facilities. 

The IG says DOCCS is working toward the goal of universal use of body-worn cameras by on-duty correction officers. 

"The contracts for these cameras offer a range of recording and preservation options, some of which are selected by the purchasing agency during the contracting process," Lang said. "These options – including the extent of and length of preservation time for recorded video and audio – have also changed in recent years due to the evolving nature of the technology and increased capacity for cloud-based storage."

In a statement, the Department of Criminal Justice Services says "we are currently reviewing the Inspector General's letter and recommendation. The Municipal Police Training Council's model policies are periodically updated, as needed in response to changes in law or within the profession."