Bill Text: NY S04501 | 2023-2024 | General Assembly | Amended
Bill Title: Authorizes the use of body imaging scanning equipment in local correctional facilities for the screening of visitors and staff in addition to incarcerated individuals.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-05-30 - referred to correction [S04501 Detail]
Download: New_York-2023-S04501-Amended.html
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. LBD01611-04-4S. 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.
