This measure also comes as recent reforms to New York’s discovery laws have dramatically increased the amount of evidence prosecutors are required to share with the defense.

New York, NY — The New York City Council is set to pass legislation sponsored by Council Member Jennifer Gutiérrez that ensures individuals in the custody of the Department of Corrections with pending criminal proceedings can review the evidence in their cases using secure, modern technology.

Int. 1238 requires the DOC to provide access to audio, text, and visual evidence through tablets, or other secure means, ensuring defendants can meaningfully participate in their own defense and exercise their constitutional right to a fair trial.

The idea for this legislation stems from the recent Lippman Commission (the Independent Rikers Commission) report, which stressed that the success of court modernization initiatives depends on full cooperation from all stakeholders — including DOC. The report specifically noted that DOC must ensure “incarcerated people have the technological capability to securely review the evidence in their cases, such as via the tablets DOC provides.”

This measure also comes as recent reforms to New York’s discovery laws have dramatically increased the amount of evidence prosecutors are required to share with the defense. Defendants must now review far more audio, video, and digital records than ever before — making access to secure evidence review tools essential to upholding due process rights.

“Today’s vote is a step forward for fairness and due process in New York City,” said Council Member Gutiérrez, and Chair of the Council’s Committee on Technology. “Too often, people in custody face immense barriers to accessing the evidence that will determine their future. This bill ensures every New Yorker — regardless of incarceration status — has the tools to fully participate in their own defense, while maintaining safety and security in our facilities.”

With this bill’s passage, New York City is setting a precedent for equitable access to legal resources that strengthens both the justice system and public trust.

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