(a) For the purposes of this section, “artificial intelligence” means (1) an artificial system that (A) performs tasks under varying and unpredictable circumstances without significant human oversight or can learn from experience and improve such performance when exposed to data sets, (B) is developed in any context, including, but not limited to, software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication or physical action, or (C) is designed to (i) think or act like a human, including, but not limited to, a cognitive architecture or neural network, or (ii) act rationally, including, but not limited to, an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communication, decision-making or action, or (2) a set of techniques, including, but not limited to, machine learning, that is designed to approximate a cognitive task.

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(b) (1) Not later than December 31, 2023, and annually thereafter, the Judicial Department shall conduct an inventory of the department’s systems that employ artificial intelligence. Each such inventory shall include at least the following information for each such system:

(A) The name of such system and the vendor, if any, that provided such system;

(B) A description of the general capabilities and uses of such system;

(C) Whether such system was used to independently make, inform or materially support a conclusion, decision or judgment; and

(D) Whether such system underwent an impact assessment prior to implementation.

(2) The Judicial Department shall make each inventory conducted pursuant to subdivision (1) of this subsection publicly available on the department’s Internet web site.

(c) (1) Not later than February 1, 2024, the Judicial Department shall develop and establish policies and procedures concerning the department’s development, procurement, implementation, utilization and ongoing assessment of systems that employ artificial intelligence. Such policies and procedures shall, at a minimum, include policies and procedures that:

(A) Govern the department’s procurement, implementation and ongoing assessment of such systems;

(B) Are sufficient to ensure that no such system (i) results in any unlawful discrimination against any individual or group of individuals, or (ii) has any unlawful disparate impact on any individual or group of individuals on the basis of any actual or perceived differentiating characteristic, including, but not limited to, age, genetic information, color, ethnicity, race, creed, religion, national origin, ancestry, sex, gender identity or expression, sexual orientation, marital status, familial status, pregnancy, veteran status, disability or lawful source of income;

(C) Require the department to assess the likely impact of any such system before implementing such system; and

(D) Provide for ongoing assessments of such systems to ensure that no such system results in any unlawful discrimination or disparate impact described in subparagraph (B) of this subdivision.

(2) The Judicial Department may revise the policies and procedures established pursuant to subdivision (1) of this subsection if the Chief Court Administrator determines, in said administrator’s discretion, that such revision is necessary.

(3) The Judicial Department shall post the policies and procedures established pursuant to subdivision (1) of this subsection, and any revision made to such policies and procedures pursuant to subdivision (2) of this subsection, on the department’s Internet web site.

(d) Beginning on February 1, 2024, the Judicial Department shall:

(1) Not implement any system that employs artificial intelligence (A) unless the department has performed an impact assessment, in accordance with the policies and procedures established pursuant to subsection (c) of this section, to ensure that such system will not result in any unlawful discrimination or disparate impact described in subparagraph (B) of subdivision (1) of subsection (c) of this section, or (B) if the Chief Court Administrator determines, in said administrator’s discretion, that such system will result in any unlawful discrimination or disparate impact described in subparagraph (B) of subdivision (1) of subsection (c) of this section; and

(2) Perform ongoing assessments of the department’s systems that employ artificial intelligence to ensure that no such system shall result in any unlawful discrimination or disparate impact described in subparagraph (B) of subdivision (1) of subsection (c) of this section.