STATE OF NEW YORK
________________________________________________________________________
10584
IN SENATE
May 27, 2026
___________
Introduced by Sen. SALAZAR -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to visiting incarcerated
individuals in state and local correctional facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new article 9 to
2 read as follows:
3 ARTICLE 9
4 VISITING IN STATE AND LOCAL CORRECTIONAL FACILITIES
5 Section 220. Definitions.
6 221. Visiting schedules.
7 222. Visitor processing timeline.
8 223. Visiting room accessibility and conditions.
9 224. Visiting rights.
10 225. Radiologist consultant.
11 226. Visit denials, exceptions and accommodations.
12 227. Body scanner procedures.
13 228. Visitor medical exemptions.
14 229. Incarcerated individual visiting rights.
15 230. Investigations and appeals.
16 231. Visit suspensions.
17 232. Employee training and discipline.
18 233. Emergencies; suspension of visits.
19 234. Reporting.
20 235. Right to bring an action.
21 236. Law to be posted.
22 § 220. Definitions. For the purposes of this article, the following
23 terms shall have the following meanings:
24 1. "Visitor" means a person visiting an incarcerated individual in a
25 non-professional capacity, including but not limited to a family member,
26 friend, or romantic partner.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15915-04-6
S. 10584 2
1 2. "Contact visit" means an on-site in-person visit without the pres-
2 ence of physical barriers between an incarcerated individual and their
3 visitors. Contact visits shall allow for physical contact including but
4 not limited to hand holding, hugging, and children being able to sit on
5 their parents' lap during the visit. Contact visits shall not include
6 interactions through a two-way, audio-video communication device, such
7 as a computer.
8 3. "Non-contact visit" means an in-person visit with a physical barri-
9 er between an incarcerated individual and their visitors or a visit in
10 which no physical contact is allowed. Non-contact visits shall not
11 include interactions through a two-way, audio-video communication
12 device, such as a computer.
13 4. "Video call" means an interaction between an incarcerated individ-
14 ual and a visitor through an audio-visual communication device.
15 5. "Employee" means any person employed by the department or a munici-
16 pality who works in any capacity in a state or local correctional facil-
17 ity, or any person who works in any capacity or has a non-personal
18 reason to be in a state or local correctional facility regardless of the
19 identity of their employer.
20 6. "State correctional facility" shall have the same meaning as
21 "correctional facility" as defined in subdivision four of section two of
22 this chapter.
23 7. "Menstrual product" means a sanitary napkin, tampon, menstrual
24 disc, or menstrual cup.
25 8. "Contraceptive device" means an intrauterine device (IUD) or
26 contraceptive implant.
27 9. "Unremovable religious item" means headwear, clothing, or jewelry
28 that is against one's religious beliefs to remove from their person.
29 10. "Alternative search method" means any procedure used to search an
30 individual that has not already been utilized on such individual regard-
31 ing their intended entry into a state or local correctional facility,
32 including but not limited to use of a body scanner, metal detector, pat
33 down search, or canine search. All pat down searches for visitors, and
34 strip searches for incarcerated individuals shall require written
35 consent from the individual being searched.
36 11. "Body scanner" means equipment that utilizes a low dose of ioniz-
37 ing radiation or millimeter wave frequency to produce an anatomical
38 image capable of detecting objects or materials placed on, attached to
39 or secreted within a person's body.
40 12. "Emergency" means an unexpected, extraordinary situation involving
41 the detonation of an explosive device, an acute mass contamination or
42 public health emergency, an ongoing violent riot, revolt, or insurrec-
43 tion affecting a large number of people, or other similar emergency of
44 the same magnitude and requiring immediate action to protect the safety
45 of those involved. A staffing shortage or other lack of staff shall not
46 constitute an emergency.
47 13. "High-level employee" means the correctional facility superinten-
48 dent, sergeant, lieutenant, facility administrative employee, or for a
49 local correctional facility, the sheriff.
50 § 221. Visiting schedules. 1. All forensic mental health facilities
51 shall allow in-person contact visits every day of the week, for multiple
52 hours per day.
53 2. All state or local correctional facilities shall allow in-person
54 contact visits with up to four visitors at a time, every day of the
55 week, for at least six hours per day at state facilities.
S. 10584 3
1 3. Visits after six o'clock in the evening shall be made available on
2 Saturdays, Sundays, and a minimum of two weekdays at all state and local
3 correctional facilities.
4 4. Visitors shall be permitted to remain in the designated visiting
5 area up to the entirety of visiting hours for that facility unless space
6 does not permit due to the number of visitors visiting that day.
7 5. The number, length, and frequency of visits by each visitor may be
8 limited only as necessary to accommodate all visitors who arrive during
9 scheduled visiting times.
10 6. Multiple sets of visitors shall be permitted to visit an incarcer-
11 ated individual at different times on the same day and a visitor shall
12 be permitted to visit multiple incarcerated individuals at different
13 times on the same day.
14 7. Visitors who leave a correctional facility after visiting an incar-
15 cerated individual shall be permitted to return to the facility that
16 same day to participate in a visit, including with either the same
17 incarcerated individual originally visited or a different incarcerated
18 individual.
19 8. All state and local correctional facilities shall allow visits on
20 all state holidays.
21 9. All visiting schedules shall be regularly updated online and shall
22 be clearly and conspicuously posted in the visitor processing areas.
23 Changes to visiting schedules shall be posted within one week of such
24 changes being made.
25 § 222. Visitor processing timeline. 1. Each correctional facility
26 shall process visitors as expeditiously as possible and ensure that the
27 incarcerated individual being visited and their visitor are able to be
28 together starting within one hour of the visitor arriving at the facili-
29 ty within visiting hours; provided, however, that the incarcerated indi-
30 vidual being visited may voluntarily choose to take more time to come
31 for the visit.
32 2. State and local correctional facilities shall establish a system to
33 allow visitors to document their arrival time for a visit at a correc-
34 tional facility to ensure that visitors are not waiting longer than one
35 hour. Data collected by such system shall not keep any individual iden-
36 tifying information about any individual visitor.
37 (a) Data on wait times at state correctional facilities shall be
38 shared quarterly with the inspector general. The inspector general shall
39 publish such data annually and shall include in such publication the
40 average wait times at each state correctional facility. Upon such annual
41 publication, the inspector general shall investigate the state correc-
42 tional facilities with the highest wait times and shall make recommenda-
43 tions to the department on how to reduce such wait times.
44 (b) Data on wait times at local correctional facilities shall be
45 shared quarterly with the commission. The commission shall publish such
46 data annually and shall include in such publication the average wait
47 times at each local correctional facility. Upon such annual publication,
48 the commission shall investigate the local correctional facilities with
49 the highest wait times and shall make recommendations to the local
50 correctional facilities on how to reduce such wait times.
51 3. The department and local correctional facilities shall establish a
52 system to allow visitors to opt-in to receive automated text messages
53 notifying visitors in a timely manner when visiting days or hours are
54 changed, visits are cancelled, or visiting hours are reduced or signif-
55 icantly delayed.
S. 10584 4
1 § 223. Visiting room accessibility and conditions. 1. All state and
2 local correctional facilities shall be accessible to visitors with disa-
3 bilities, including but not limited to, ensuring that each facility
4 provides sufficient seating in waiting areas and lobbies, including
5 outdoor seating, outdoor awnings, working air conditioning inside visit-
6 ing processing areas and visiting rooms within the correctional facili-
7 ties, and the ability to use a cane or other mobility device at all
8 points during the visiting process.
9 2. All locations involved in visiting, including waiting areas, proc-
10 essing areas, and visit rooms, shall be kept clean and in working order
11 as defined by the federal Occupational Safety and Health Administration
12 Restrooms and Sanitation Requirements and shall include water for hand
13 washing, working bathrooms, hand soap, paper towels or hand dryers, and
14 drinking water which shall be available at no cost. The department and
15 local correctional facilities shall provide visitors with a mechanism to
16 report any unsatisfactory conditions in such locations.
17 3. Visitors and incarcerated individuals shall have access to working
18 vending machines. Such vending machines shall contain a variety of heal-
19 thy foods representative of diverse cultural backgrounds and the prices
20 shall reflect community standard prices.
21 § 224. Visiting rights. 1. All visitors and incarcerated individuals
22 being visited shall be treated with dignity and respect at all times.
23 2. Visitors and incarcerated individuals shall not be denied a contact
24 visit solely on the basis of an odor of alcohol or marijuana or because
25 they appear to be under the influence.
26 3. All correctional facilities shall have an amnesty box located in
27 front of the facility which shall serve as a mechanism for visitors to
28 dispose of any items which would be confiscated while going through the
29 security process. The amnesty box shall be in a prominent location with
30 clearly marked signs indicating its purpose. Any person utilizing the
31 amnesty box shall not face any consequences for doing so.
32 § 225. Radiologist consultant. The department shall hire at least one
33 radiologist whose duties shall include determining whether an alleged
34 abnormality found on an image from a body scanner is contraband when an
35 employee is not able to make such a determination. Such radiologist
36 shall be available for virtual consultation during all visiting hours.
37 § 226. Visit denials, exceptions and accommodations. 1. The commis-
38 sion, in consultation with the department and local municipalities,
39 shall establish procedures regarding the daily use of available screen-
40 ing methods, which shall include a rotation of body scanners, metal
41 detectors, and canine searches, and shall establish protocols for which
42 methods should be used for visitors and incarcerated individuals who are
43 being visited on various days at each facility. Such procedures shall
44 also include provisions establishing that alternative methods of screen-
45 ing may be used to accommodate individuals who are unable to be screened
46 by body imaging scanning equipment for medical reasons.
47 2. Individuals under the age of eighteen and pregnant individuals
48 shall not be screened by a body scanner utilizing any level of ioniza-
49 tion. Procedures for identifying pregnant individuals shall be set
50 forth in the procedures established by the commission, in consultation
51 with the department and local municipalities.
52 3. Employees shall not ask visitors or incarcerated individuals who
53 are being visited to remove items which would cause undue hardship or
54 humiliation, including but not limited to unremovable religious items,
55 wigs, menstrual products, contraceptive devices, and adult or children's
56 diapers.
S. 10584 5
1 4. No visitor or incarcerated individual shall be denied access to an
2 in-person contact visit unless contraband that is unlawful to possess
3 outside of a correctional facility is found on the body of the visitor
4 or the incarcerated individual being visited. The suspicion of contra-
5 band shall not warrant a visit denial.
6 5. A visitor or incarcerated individual shall have the opportunity to
7 discard any item found on their body that is lawful to possess outside
8 of a correctional facility and shall subsequently be entitled to a
9 contact-visit if no contraband is found to exist on the body of the
10 visitor or incarcerated individual during a second search.
11 6. During all visiting hours, there shall be a high-level employee
12 trained in visiting policies who can be consulted in the event a problem
13 with visiting should occur.
14 (a) High-level employees shall have the authority to override an
15 employee's decision regarding granting a visitor access to a contact
16 visit.
17 (b) Visitors and incarcerated individuals being visited shall be
18 allowed to request to speak to a high-level employee, who shall speak
19 with the visitor or incarcerated individual within no more than thirty
20 minutes after such request. Visitors and incarcerated individuals shall
21 have the opportunity to submit complaints to a high-level employee after
22 a visit takes place.
23 7. Alternative search methods shall be used for visitors and incarcer-
24 ated individuals that have reached body scanner radiation exposure
25 limits. Upon clearing such alternative search method, the visitor or
26 incarcerated individual shall be permitted to have a contact visit.
27 8. Body scanner and pat-down searches shall be conducted by a staff
28 member of the same gender as the visitor or incarcerated individual,
29 unless a staff member of the same gender is not available due to staff-
30 ing capacity, in which case the visitor or incarcerated individual shall
31 be offered an alternative search method and permitted to have a contact
32 visit if the visitor or incarcerated individual clears such alternative
33 search method.
34 9. In all state correctional facilities, and applicable local correc-
35 tional facilities, visitor and incarcerated individual processing,
36 including body scans and alternative search methods, shall be recorded
37 with video and audio via activated body-worn cameras and/or stationary
38 cameras. The department and applicable local correctional facility shall
39 preserve such recordings for at least ninety days or until a filed
40 appeal is resolved.
41 10. In no instance shall a malfunctioning or damaged body scanner
42 result in the cancelling of visits or defaulting to non-contact visits.
43 In such instance, alternative search methods shall be utilized.
44 § 227. Body scanner procedures. The following procedures shall be
45 followed upon allegations by employees of abnormalities on a body scan-
46 ner image of a visitor or incarcerated individual in the following
47 order:
48 1. The visitor or incarcerated individual shall be informed where on
49 their person the image is displaying an alleged abnormality and the
50 visitor or incarcerated individual shall be given the opportunity to
51 address or remove said abnormality or any object that may wrongfully
52 appear as an abnormality, unless the alleged abnormality on the scan is
53 referring to a menstrual product, contraceptive device, or unremovable
54 religious or medically necessary items. The visitor or incarcerated
55 individual shall then be given the opportunity to go through the body
S. 10584 6
1 scanner a second time and shall be permitted a contact visit if the scan
2 no longer indicates an alleged abnormality.
3 2. If the employee reviewing the scan determines that the scan still
4 indicates an alleged abnormality and the visitor or incarcerated indi-
5 vidual insists that they do not have contraband on their person, the
6 radiologist shall be contacted within thirty minutes to digitally review
7 the scan in order to make a determination. The radiologist shall return
8 with a determination no later than ninety minutes after the radiologist
9 is contacted. If the radiologist determines that the scan does not indi-
10 cate contraband, then the visitor or incarcerated individual shall be
11 granted a contact visit.
12 3. (a) If the radiologist determines that contraband is present, the
13 visitor or incarcerated individual shall be offered the opportunity to
14 remove or discard the contraband and shall then be given the opportunity
15 to go through the body scanner a third time. The visitor or incarcerated
16 individual shall be permitted a contact visit if the scan no longer
17 indicates an alleged abnormality.
18 (b) If the radiologist determines that the scan is inconclusive and
19 that contraband may be present, the visitor or incarcerated individual
20 shall be offered the option for an alternative search method. If contra-
21 band is not recovered via the alternative search method, the visitor or
22 incarcerated individual shall be permitted to have a contact visit. If
23 an item that is lawful to possess outside of a correctional facility is
24 recovered via an alternative search method, the visitor or incarcerated
25 individual shall be given the opportunity to go through the body scanner
26 a third time. If the scan no longer indicates an alleged abnormality,
27 the visitor or incarcerated individual shall be permitted a contact
28 visit. If there is still an alleged abnormality, the visitor or incar-
29 cerated individual shall be permitted a non-contact visit. If the visi-
30 tor or incarcerated individual chooses to forgo an alternative search
31 method after their third body scan, the visitor or incarcerated individ-
32 ual shall be permitted to have a non-contact visit.
33 4. Recovery of contraband that is unlawful to possess outside of a
34 correctional facility or denial of a visit shall immediately result in a
35 written notice to the visitor and the incarcerated individual being
36 visited stating the reason for denying the visit and, if applicable,
37 where on the body any contraband was found. Such notice shall be given
38 to the visitor onsite, immediately following such visitation denial.
39 § 228. Visitor medical exemptions. 1. Visitors with a medical condi-
40 tion that exempts them from utilizing a body scanner for reasons involv-
41 ing their health shall present documentation from a licensed medical
42 provider at the time of their visit. When such documentation is
43 provided, the visitor shall be entitled to an alternative search method
44 and permitted a contact visit if contraband that is illegal to possess
45 outside of a correctional facility is not recovered.
46 2. Visitors with a medical device or a medical condition that exempts
47 them from utilizing a body scanner shall present documentation from a
48 licensed medical provider at the time of the visit. Visitors who are
49 unable to present such documentation at the time of the visit shall be:
50 (a) notified of the requirement to bring such documentation; (b) offered
51 a one-time exception to such requirement; and (c) offered an alternative
52 search method. Clearing an alternative search method shall result in a
53 contact-visit.
54 § 229. Incarcerated individual visiting rights. 1. No incarcerated
55 individual shall be strip searched before or after visiting unless the
56 incarcerated individual voluntarily chooses to be strip searched in lieu
S. 10584 7
1 of going through a body scanner or other alternative search method. Any
2 incarcerated individual voluntarily undergoing a strip search shall be
3 required to provide written consent.
4 2. Incarcerated individuals shall not have visiting rights revoked,
5 nor be denied contact visits, as a consequence of any infraction nor for
6 any reason other than an emergency.
7 3. All visiting rights set forth in this article shall apply to incar-
8 cerated individuals housed in all units, including segregated confine-
9 ment.
10 4. The department or local correctional facility shall provide incar-
11 cerated individuals with a personal tablet to have in their cell or cube
12 that can be used to make personal video calls free of charge to supple-
13 ment in-person visits.
14 § 230. Investigations and appeals. 1. Internal investigations related
15 to the recovery of contraband from a visitor or an incarcerated individ-
16 ual shall be concluded by the department or local correctional facility
17 within three weeks of recovering such contraband. Upon conclusion of any
18 such investigation, a written explanation shall be sent to the visitor
19 or incarcerated individual containing the outcome of the investigation
20 and a detailed, non-conclusory description of the investigation, includ-
21 ing information about: the alleged contraband; any evidence collected in
22 the investigation; and any consultation with a radiologist, if applica-
23 ble. A visitor or incarcerated individual may submit an appeal to any
24 decision made by the department or local correctional facility no later
25 than three weeks after the written explanation was sent to the visitor
26 or incarcerated individual. Such appeal shall be reviewed by a high-lev-
27 el employee and shall be conducted through an appeals hearing as set
28 forth by department or local correctional facility procedures. The
29 high-level employee shall issue a decision on such appeal within two
30 weeks of submission of such appeal and such decision shall be sent to
31 the visitor or incarcerated individual within one week of the decision.
32 2. Where applicable, video and audio footage of the interaction with
33 the visitor or incarcerated individual taken by body-worn or stationary
34 cameras and body scan images shall be made available upon request of the
35 visitor and/or their lawyer if the visitor or incarcerated individual
36 wishes to appeal a decision, suspension or limitation on visiting. Such
37 video footage or body scan images shall be made available to the visi-
38 tor, incarcerated individual, and/or their lawyer within two weeks of
39 the request for such footage or images.
40 § 231. Visit suspensions. 1. No visitor or incarcerated individual
41 shall be suspended from contact visits for a period of time beyond the
42 day in which such a visit is denied.
43 2. Any visit suspension issued or in effect prior to the effective
44 date of this article shall be revoked upon the effective date of this
45 article and visitation shall immediately be reinstated, subject to the
46 provisions of this article.
47 3. All previously suspended visitors and incarcerated individuals
48 whose visiting rights were suspended prior to the effective date of this
49 article shall receive notification that their visiting rights have been
50 reinstated, along with notification of the provisions in this article,
51 adjusted for brevity, within thirty days of the effective date of this
52 article. Such notification shall be provided to incarcerated individuals
53 and the suspended visitor at such visitors' address on file.
54 § 232. Employee training and discipline. 1. Employees who process
55 visitors, staff visiting rooms, or operate any security machines or
56 equipment shall be required to complete visiting training annually. Such
S. 10584 8
1 training shall include trauma-informed approaches to interacting with
2 visitors, children, and incarcerated individuals, as well as comprehen-
3 sive training on the operation of body scanners.
4 2. Employees found, through the appeals process set forth by the
5 department or local correctional facility, to have wrongfully or unfair-
6 ly engaged in a pattern of denying contact or non-contact visits to a
7 visitor or incarcerated individual, or engaged in the mistreatment of
8 visitors, shall be temporarily reassigned to another part of the correc-
9 tional facility while completing appropriate training.
10 3. Upon completion of such appropriate training, the employee may be
11 reassigned to visitor processing. Employees subsequently found to have
12 repeatedly denied contact visits to a visitor or incarcerated individual
13 based solely on a body scan, engaged in other misconduct of visitor
14 processing, or who did not follow the guidelines set forth in this arti-
15 cle, shall be permanently reassigned from visitor processing and/or
16 staffing visiting rooms and shall be subject to an investigation and
17 subsequent discipline for misconduct.
18 § 233. Emergencies; suspension of visits. 1. A state or local correc-
19 tional facility shall not suspend or limit visits in any manner except
20 as authorized pursuant to this article; provided, however, that visits
21 may be suspended or limited due to an emergency, as defined in section
22 two hundred twenty of this article.
23 2. Any declared emergency, and any restrictions on visits due to a
24 declared emergency, shall:
25 (a) be limited to the minimum amount of time necessary to respond to
26 the emergency;
27 (b) be limited to as few correctional facilities and as few areas
28 within correctional facilities as necessary;
29 (c) impact as few people as possible; and
30 (d) be as limited in scope as possible.
31 3. Except for emergencies involving a mass contagion, no emergency or
32 restriction as a result of an emergency shall last for longer than seven
33 days. The department or local municipality shall not declare another
34 emergency unless a new independent event that meets the criteria of an
35 emergency has taken place. In the event of an emergency involving a mass
36 contagion, no emergency and no restriction as a result of an emergency
37 shall last longer than health officials declare necessary to respond to
38 the emergency.
39 4. For any public health or mass contagion emergency, the department
40 or local correctional facility shall consult with the department of
41 health to determine necessary actions to return to pre-emergency stand-
42 ards of visiting and to provide guidance on how visiting can be safely
43 offered prior to a full resumption of pre-emergency standards of visit-
44 ing in accordance with this article.
45 5. The department or local correctional facility shall take immediate
46 steps to mitigate the effects of an emergency on visits and shall imple-
47 ment temporary protocols which allow for the partial or complete resto-
48 ration of visits in accordance with this article. The department or
49 local correctional facility shall fully restore visits in accordance
50 with this article upon the conclusion of the emergency or at such time
51 as it is no longer necessary to suspend or limit visits due to such
52 emergency, whichever is earlier.
53 6. In the event visits are suspended during an emergency, the depart-
54 ment or local correctional facility shall provide access to video calls
55 and letter writing materials, including paper, envelopes, and stamps,
S. 10584 9
1 free of charge, while the department or local correctional facility
2 takes steps to restore in-person visits.
3 7. The declaration of an emergency by the department or a local
4 correctional facility shall be published on the department's or local
5 municipality's website no later than six hours after the start of the
6 emergency and shall be updated daily, in a written statement that
7 includes:
8 (a) The time and date of the declaration of an emergency;
9 (b) The reason for declaring an emergency;
10 (c) The portion or portions of a correctional facility impacted by the
11 emergency;
12 (d) Whether, to the department or local correctional facility's know-
13 ledge, an outside agency, department, or authority has also declared an
14 emergency and a citation to any such declaration; and
15 (e) The expected duration of the emergency, steps being taken to miti-
16 gate the effects of the emergency on visits, any temporary protocols
17 which allow for the partial or complete restoration of visits in accord-
18 ance with this article, and the expected timeframe for return to pre-em-
19 ergency standards of visiting and how such return will be achieved.
20 8. The department or local correctional facility shall conduct a
21 review of the state of the emergency and update the declaration of emer-
22 gency daily. When the emergency no longer exists or no longer necessi-
23 tates limitations on visits, visiting shall be restored to pre-emergency
24 standards of visiting as set forth in this article.
25 9. Any declaration of emergency made by the department shall be
26 submitted to the governor and the senate and assembly corrections
27 committees within six hours after such declaration of the emergency.
28 § 234. Reporting. 1. The department or municipality of a local
29 correctional facility shall publish public annual reports on its
30 website, disaggregated by correctional facility, which shall include:
31 (a) the number of visitors;
32 (b) the number of visitors that were denied contact visits and the
33 reasons for such denials;
34 (c) the length of time of each visit, broken down by the number of
35 visits that lasted between zero to one hour, one to three hours, three
36 to four hours, and four plus hours;
37 (d) the number of times body scanner equipment was used on individuals
38 detained in or visiting a correctional facility upon intake, before a
39 visit, after a visit, and upon the suspicion of contraband, as well as
40 any other event that triggers the use of such equipment, and the aver-
41 age, median, and highest number of times such equipment was used on any
42 individual detained in or visiting the correctional facility, along with
43 corresponding exposure levels;
44 (e) any incidents, injuries or illnesses resulting from the use of
45 body scanning equipment or reported by persons scanned by such equip-
46 ment;
47 (f) the number of appeals that were requested pursuant to this article
48 and the outcomes of such appeals;
49 (g) the number of times contraband was recovered, with specification
50 of the types of contraband recovered;
51 (h) the number of complaints received in regard to visiting and the
52 nature of such complaints;
53 (i) the number of employees who were required to complete visitor
54 processing training, in addition to the annual visiting training, as a
55 result of complaints from visitors;
S. 10584 10
1 (j) the number of employees that received disciplinary action due to
2 visiting misconduct and a description of such misconduct;
3 (k) the number of employees that were permanently removed from proc-
4 essing visitors and the reason why such employees were removed;
5 (l) the number of employees processing visitors;
6 (m) the number of employees stationed in search areas after visits;
7 (n) the number of employees stationed inside visiting rooms; and
8 (o) all emergency related suspensions or limitations on visiting in
9 any manner to be less than the requirements of this article.
10 2. The commission shall conduct a study to research and make recommen-
11 dations on approaches to safely reducing contraband and how to improve
12 the accuracy and safety of visitor processing in state and local correc-
13 tional facilities. Such study shall include participation and input from
14 formerly incarcerated individuals, loved ones of incarcerated individ-
15 uals, non-profit representatives that provide services to incarcerated
16 individuals, and lawyers who work within the criminal justice field. The
17 study shall research the minimum and maximum number of employees proc-
18 essing visitors and staffing visiting rooms needed in proportion to the
19 number of incarcerated individuals and the average number of visitors
20 and the commission shall make recommendations based on the findings of
21 such study.
22 § 235. Right to bring an action. Any incarcerated individual in a
23 correctional facility and any person who visited or attempted to visit
24 an incarcerated individual in a correctional facility shall have a right
25 to bring an action in state court based on any violation of this article
26 and may seek: (i) to enjoin such violation; (ii) to obtain a declaratory
27 judgment; (iii) to recover monetary damages; and (iv) any other relief
28 deemed appropriate by the court.
29 § 236. Law to be posted. A copy of this law shall be adjusted for
30 brevity and posted in the visitor processing area of each correctional
31 facility, and in common spaces inside each correctional facility in the
32 top three languages spoken by incarcerated individuals and visitors at
33 or visiting such facility, and shall be visible to visitors to and
34 employees at all times.
35 § 2. This act shall take effect on the sixtieth day after it shall
36 have become a law.
