BUFFALO, N.Y. — New York State Police announced Wednesday that troopers will no longer release mugshots, and they will not be provided through the state Freedom of Information Law, due to a change in the state budget.
Trooper James O'Callaghan, the State Police spokesperson in Western New York, put out the following statement:
"Effective immediately, NYSP will NOT include mugshots in press releases, and they will not be provided to media when requested. This is due to the new State Law that effectively bans the release of booking photos. NYSP will be able to release mugshots for specific law enforcement purposes only. One example would be if we were searching for a wanted or missing person, of which we have a booking photo from a previous arrest."
A previous proposal would have also allowed law enforcement in the state to refuse to release "booking information", which could have released arrest information like name, crime, etc. That proposal did not make it into the final agreement, which instead only applied to the mugshot photos.
Many in law enforcement believe the final language in the budget bill still allows them to release mugshots if they choose to.
Niagara County Sheriff Jim Voutour told 2 On Your Side he will continue his current policy when it comes to mugshots, which he views as public information.
"I plan to continue to release (mugshots)... unless it would hamper an ongoing investigation," Sheriff Voutour said, while acknowledging his staff continues to look into the specifics of the changes to the Public Officer's Law.
Sheriff Voutour pointed out the lack of clarity in defining what constitutes a "law enforcement purpose."
"I believe the public -- and especially victims -- demand transparency of the criminal justice system," the sheriff said. "Therefore, I will continue to provide the same transparency we always have."
2 On Your Side has reached out to all 8 Western New York county sheriffs, because in most cases, suspects' mugshots are taken at their jails.
- Erie County Sheriff Tim Howard - no response yet
- Niagara County Sheriff Jim Voutour - will continue to release most mugshots
- Chautauqua County Sheriff Jim Quattrone - no response yet (but mugshots are still shown on his website www.sheriff.us/prisoners)
- Cattaraugus County Sheriff Timothy Whitcomb - no response yet
- Genesee County Sheriff William Sheron - will continue to release mugshots under FOIL
- Allegany County Sheriff Ricky Whitney - no decision yet (discussing with county attorney)
- Orleans County Sheriff Randy Bower - no response yet
- Wyoming County Sheriff Gregory Rudolph - no response yet
