Authorizes the use of body imaging scanning equipment in local correctional facilities for the screening of visitors and staff in addition to incarcerated individuals.
STATE OF NEW YORK
________________________________________________________________________
4501--B
2023-2024 Regular Sessions
IN SENATE
February 9, 2023
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Health in accord-
ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to the use of body
imaging scanning equipment in local correctional facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (ii) and (iii) of paragraph (a) of subdivi-
2 sion 6 of section 3502 of the public health law, as amended by section 1
3 of part LL of chapter 56 of the laws of 2023, are amended to read as
4 follows:
5 (ii) Notwithstanding the provisions of this section or any other
6 provision of law, rule or regulation to the contrary, licensed practi-
7 tioners, persons licensed under this article and unlicensed personnel
8 employed at a state or local correctional facility may, in a manner
9 permitted by the regulations promulgated pursuant to this subdivision,
10 utilize body imaging scanning equipment that applies ionizing radiation
11 to humans for purposes of screening individuals detained in, committed
12 to, visiting, or employed in such facility, in connection with the
13 implementation of such facility's security program.
14 (iii) The utilization of such body imaging scanning equipment shall be
15 in accordance with regulations promulgated by the department, or for
16 local correctional facilities in cities having a population of two
17 million or more, such utilization shall be in accordance with regu-
18 lations promulgated by the New York city department of health and mental
19 hygiene. The state commission of correction, in consultation with the
20 department of corrections and community supervision, shall promulgate
21 regulations establishing when body imaging scanning equipment will be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01611-04-4
S. 4501--B 2
1 used to screen visitors and incarcerated individuals in state or local
2 correctional facilities. Such regulations shall include provisions
3 establishing that alternative methods of screening may be used to accom-
4 modate individuals who decline or are unable to be screened by body
5 imaging scanning equipment for medical reasons and that alternative
6 methods of screening may be used to accommodate individuals who decline
7 to be screened for other reasons, unless security considerations warrant
8 otherwise. Such regulations shall also ensure that no person shall be
9 subjected to any form of harassment, intimidation, or disciplinary
10 action for choosing to be searched by an alternative method of screening
11 in lieu of body imaging scanning.
12 The department of corrections and community supervision shall promul-
13 gate regulations establishing when body imaging scanning equipment will
14 be used to screen employees of the department of corrections and commu-
15 nity supervision, provided, however that such regulations shall be
16 consistent with the policies and procedures of the department of
17 corrections and community supervision governing the search of employees.
18 Such regulations shall include provisions establishing that alternative
19 methods of screening may be used to accommodate individuals who decline
20 or are unable to be screened by body imaging scanning equipment for
21 medical or other reasons. Such regulations shall also ensure that no
22 person shall be subjected to any form of harassment, intimidation, or
23 disciplinary action for choosing to be searched by an alternative method
24 of screening in lieu of body imaging scanning. An employee's request to
25 be searched by an alternative method of screening in lieu of body imag-
26 ing scanning shall not, in itself, be grounds for disciplinary action
27 against such employee.
28 § 2. Subparagraph (i) of paragraph (f) of subdivision 6 of section
29 3502 of the public health law, as amended by section 1 of part LL of
30 chapter 56 of the laws of 2023, is amended to read as follows:
31 (i) For local correctional facilities, the number of times the equip-
32 ment was used on [incarcerated] individuals [upon intake, after visits,]
33 detained in, committed to, working in, or visiting the facility upon
34 intake, before work shift, after work shift, before visits, after
35 visits, and upon the suspicion of contraband, as well as any other event
36 that triggers the use of such equipment, and the average, median, and
37 highest number of times the equipment was used on any [incarcerated]
38 individual detained in, committed to, working in, or visiting the facil-
39 ity, with corresponding exposure levels; and
40 § 3. This act shall take effect immediately; provided however, that
41 the amendments to subdivision 6 of section 3502 of the public health law
42 made by sections one and two of this act shall not affect the repeal
43 of such subdivision and shall be deemed repealed therewith. Effective
44 immediately, the addition, amendment and/or repeal of any rule or regu-
45 lation necessary for the implementation of this act on its effective
46 date are authorized to be made and completed on or before such effective
47 date.
