Directs the commissioner of corrections and community supervision to establish contraband screening at correctional facilities including canines at the entrances and a third-party secure vendor mail program.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5388
SPONSOR: Palmesano (MS)
 
TITLE OF BILL:
An act to amend the correction law, in relation to contraband screening
at correctional facilities
 
SUMMARY OF PROVISIONS:
Section 1: Section 112 of the Correction Law is amended to increase
security and restrict contraband from entering the correction facility.
It would require the Commissioner of (DOCCS) to establish a contraband
screening plan in prisons. The plan would include, but not be limited to
the use of a controlled canine at the entrance of each correctional
facility. It would allow electronic, imaging scanning, pat down and
visual searches of visitors, and the training of staff on up to date
contraband screening procedures. Lastly, the Commissioner would be
required to provide a copy of the contraband screening plan, including
results to the Legislature each year.
Section 2: Provides an immediate effective date.
 
JUSTIFICATION:
Contraband, whether drugs, weapons, drones, cash or any other item smug-
gled into our prisons puts everyone at risk and often leads to fights
among inmates and violent attacks on officers and staff Recently, there
have been multiple incidents involving attacks on correction officers
and inmates as a result of this.
Data collected indicates that 2017 marked the most violent year inside
state prisons since 2007, which is the year statistics began being
recorded. In 2017, there were 4,124 incidences of contraband compared to
2,483 in 2010. Furthermore, assaults on staff statewide has risen from
645 incidents in 2013 to 798 in 2017.
When looking at statistics, every metric tracked by DOCCS rose above the
previous year's numbers. These alarming statistics and the several inci-
dents since the beginning of this year underscore the critical need for
changes to current protocols set forth by DOCCS.
In May 2017, after a large fight, officers found a drone, synthetic
marijuana, a drug that is also known as "spice" or "spike" and multiple
weapons inside Auburn Correctional Facility. In a recent attack at Five
Points Correctional Facility in Seneca County, a half dozen officers
were injured during several altercations with inmates inside a cell
block. A black ceramic scalpel was found during a search and taken as
evidence. This attack happened a mere week after a yard fight at the
same facility. Over the last several months, the Elmira Correctional
Facility has gone on lockdown on multiple occasions. Recently, a woman
tried to bring drugs to her brother, who is an inmate at the Franklin
Correctional Facility in Malone, New York. Police say a K-9 smelled the
drugs in her purse. They say synthetic marijuana, known as K2, and
Suboxone were both found. She was charged with promoting prison contra-
band.
Most recently, at Orleans Correctional Facility, an inmate was saved
after overdosing on heroin. An investigation led to the discovery of 24
packets of heroin in one of the dorms. This is just one example of drug
use in correctional facilities. There are countless stories of failed
drug tests among inmates. One particular set of parents who have a son
in a correctional facility discussed how he cannot end his drug
addiction because he has constant access to drugs.
Procedures and policies must be updated to end this dire situation.
Increasing contraband screening of visitors to these facilities is a
good step to ensure drugs or objects that can be used as weapons do not
enter the institutions making them safer environments for both officers
and inmates.
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5388
2023-2024 Regular Sessions
IN ASSEMBLY
March 10, 2023
___________
Introduced by M. of A. PALMESANO, BLANKENBUSH, DeSTEFANO, FRIEND,
J. M. GIGLIO, HAWLEY, McDONOUGH, MIKULIN, MORINELLO, NORRIS, REILLY,
SAYEGH, TAGUE -- Multi-Sponsored by -- M. of A. BARCLAY, BYRNES, WALSH
-- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to contraband screening
at correctional facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 112 of the correction law is amended by adding a
2 new subdivision 6 to read as follows:
3 6. (a) The commissioner shall establish a contraband screening plan
4 which shall include, but not be limited to:
5 (i) the use of a leashed and controlled canine trained to detect ille-
6 gal drugs at the entrance of each correctional facility;
7 (ii) the search of visitors, correctional staff, bags and other items
8 entering the facility which may include, but not be limited to, elec-
9 tronic searches, metal detectors, pat searches, visual searches of oral
10 cavities, and any other legal technology at the commissioner's
11 discretion;
12 (iii) the training of staff on up to date and current contraband
13 screening procedures; and
14 (iv) a third-party secure vendor mail program to be utilized for the
15 delivery of all non-privileged correspondence to incarcerated individ-
16 uals including but not limited to, the order and delivery of all
17 products to incarcerated individuals housed at correctional facilities.
18 (b) The commissioner shall provide a copy of such contraband screening
19 plan as well as the prior year's plan including but not limited to
20 results of the canine assignments, number of attempts to promote contra-
21 band, including data on contraband confiscated through the third-party
22 secure vendor mail program and the number of urine tests and their
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05403-01-3
A. 5388 2
1 results conducted statewide by facilities to the legislature by December
2 thirty-first each year.
3 (c) The commissioner may promulgate any rules and regulations neces-
4 sary to implement the provisions of this subdivision.
5 § 2. This act shall take effect immediately.