NY State Senate Bill S5337

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (24)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 02, 2018	signed chap.313
Sep 20, 2018	delivered to governor
Jun 14, 2018	returned to senate passed assembly
Mar 21, 2018	ordered to third reading cal.478 substituted for a6838
Mar 20, 2018	referred to codes delivered to assembly passed senate
Mar 05, 2018	advanced to third reading
Feb 28, 2018	2nd report cal.
Feb 27, 2018	1st report cal.529
Jan 03, 2018	referred to health returned to senate died in assembly
May 24, 2017	ordered to third reading cal.451 substituted for a6838
May 15, 2017	referred to codes delivered to assembly passed senate
May 01, 2017	advanced to third reading
Apr 26, 2017	2nd report cal.
Apr 25, 2017	1st report cal.649
Mar 22, 2017	referred to health

Votes

Co-Sponsors

S5337 (ACTIVE) - Details

See Assembly Version of this Bill:: A6838
Law Section:: Public Health Law
Laws Affected:: Amd §3502, Pub Health L

S5337 (ACTIVE) - Summary

Relates to body imaging scanning equipment including proper registration, limitations and reporting of use.

S5337 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5337

 TITLE OF BILL :

An act to amend the public health law, in relation to body imaging
scanning equipment; and providing for the repeal of such provisions
upon expiration thereof

 PURPOSE :

Would permit the non-medical use of low dosage ionizing radiation on
inmates in local correctional facilities.

 SUMMARY OF PROVISIONS :

Section 1 amends section 3502 of the public health law by adding a new
subdivision 6.

Section 2 provides an effective date.

 JUSTIFICATION :

Rikers Island is experiencing an epidemic of slashings by inmates who
obtain ceramic craft blades as contraband. The blades, which are
widely sold to fit into small Exacto knives or comparable cutting
tools, are easily hidden on the body or in clothing and are not found

by metal detectors. They are small enough to avoid detection during a
pat frisk but large enough to inflict considerable damage on other
inmates. NYC DOC has been unable to stop the slashings, in part
because it does not have any reliable way to find the blades short of
full body cavity strip searches, an invasive and time-consuming method
that is not practical or desirable on a daily or routine basis.

The NYC Department of Correction obtained five used TSA ionizing
radiation body scanners, formerly employed in major airports around
the country, to scan inmates for contraband. The TSA stopped using
them in most large airports because of passenger privacy concerns and
switched to a different kind of non-ionizing scanner that can only
detect larger objects, like guns and bomb- making equipment, but that
cannot detect small items like the ceramic blades. The ionizing body
scanners were effective in finding contraband hidden in inmates'
bodies or in their clothing, including ceramic blades. Several other
county jails in the state also purchased ionizing body scanners from
the TSA. The NYC Board of Correction, which currently includes two
medical doctors known for their advocacy of prisoner rights, strongly
supports the use of the body scanners to ensure the safety of staff
and inmates.

Besides ceramic blades, the body scanners can detect weapons made of
titanium and plastic which cannot be easily found in pat frisks and
are undetectable by magnometers. During the period when the body
scanners were in operation, the use of the scanners appeared to act as
a deterrent, discouraging inmates from carrying weapons of any kind.

In 2014, the State Commission of Correction halted the use of ionizing
radiation body scanners in jails because State public health law only
permits exposure to such radiation for medical purposes by licensed
radiation technicians. In order to resume the use of the body scanners
in correctional settings, a change of public health law was needed.

There is a small risk of cancer from exposure to ionizing radiation.
The scanners are banned in the EU because of the associated cancer
risk. The TSA and industry groups maintain that the scanners are safe,
emitting less radiation than is experienced in approximately 10
minutes of commercial air flight. However, because any radiation
exposure is potentially dangerous, this bill includes oversight of
correctional usage of body scanners by the NYC Department of Health
and Mental Hygiene or, for counties outside of New York City, the
State Department of Health to make sure that individual adult inmate
exposure is minimal, that adolescents are only exposed to radiation
under exceptional circumstances and that pregnant women are excluded
from scanning.

Exposure to additional ionizing radiation should be taken seriously
given the high rates of cancer experienced in this country. However,
in light of the endemic violence at Rikers Island and the increasing
use of ceramic blades as weapons among the inmate population, it is
important to safeguard staff and inmates from the immediate and
widespread threat of slashing, as opposed to a remote and unlikely
threat of cancer caused by such body scanners, particularly since jail
inmates are only in the correctional setting for relatively short
periods of time and therefore should not be subject to long term
radiation exposure. This bill does not address the use of such
scanners in state correctional facilities.

 LEGISLATIVE HISTORY :

Click here

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the one hundred and twentieth day after
it shall have become a law, provided that, effective immediately, the
addition, amendment, and/or repeal of any rules and regulations
necessary to implement the provisions of this act on its effective
date are authorized and directed to be completed on or before such
effective date and, provided further, that and this act shall expire
and be deemed repealed five years after such effective date.

S5337 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5337

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             March 22, 2017
                               ___________

Introduced  by Sens. HANNON, GALLIVAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to body imaging scan-
  ning equipment; and providing for the repeal of such  provisions  upon
  expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3502 of the public health law is amended by  adding
a new subdivision 6 to read as follows:
  6. (A) (I) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER
PROVISION  OF  LAW, RULE OR REGULATION TO THE CONTRARY, LICENSED PRACTI-
TIONERS, PERSONS LICENSED UNDER THIS ARTICLE  AND  UNLICENSED  PERSONNEL
EMPLOYED  AT A LOCAL CORRECTIONAL FACILITY MAY, IN A MANNER PERMITTED BY
THE REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION,  UTILIZE  BODY
IMAGING SCANNING EQUIPMENT THAT APPLIES IONIZING RADIATION TO HUMANS FOR
PURPOSES  OF SCREENING INMATES COMMITTED TO SUCH FACILITY, IN CONNECTION
WITH THE IMPLEMENTATION OF SUCH FACILITY'S SECURITY PROGRAM.
  (II) THE UTILIZATION OF SUCH BODY IMAGING SCANNING EQUIPMENT SHALL  BE
IN  ACCORDANCE  WITH  REGULATIONS  PROMULGATED  BY THE DEPARTMENT, OR IN
CITIES HAVING A POPULATION OF TWO  MILLION  OR  MORE,  SUCH  UTILIZATION
SHALL BE IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE NEW YORK CITY
DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
  (B) PRIOR TO ESTABLISHING, MAINTAINING OR OPERATING IN A LOCAL CORREC-
TIONAL  FACILITY ANY BODY IMAGING SCANNING EQUIPMENT, THE CHIEF ADMINIS-
TRATIVE OFFICER OF THE FACILITY SHALL ENSURE THAT SUCH  FACILITY  IS  IN
COMPLIANCE WITH THE REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION
AND  OTHERWISE  APPLICABLE  REQUIREMENTS FOR THE INSTALLATION, REGISTRA-
TION, MAINTENANCE, OPERATION AND INSPECTION  OF  BODY  IMAGING  SCANNING
EQUIPMENT.
  (C) THE REGULATIONS PROMULGATED PURSUANT TO SUBPARAGRAPH (II) OF PARA-
GRAPH (A) OF THIS SUBDIVISION SHALL INCLUDE, BUT NOT BE LIMITED TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD10718-01-7

S. 5337                             2

  (I) A REQUIREMENT THAT PRIOR TO OPERATING BODY IMAGING SCANNING EQUIP-
MENT,  UNLICENSED  PERSONNEL  EMPLOYED  AT LOCAL CORRECTIONAL FACILITIES
SHALL HAVE SUCCESSFULLY COMPLETED A  TRAINING  COURSE  APPROVED  BY  THE
DEPARTMENT,  OR  IN  CITIES  OF TWO MILLION OR MORE, APPROVED BY THE NEW
YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, AND THAT SUCH PERSON-
NEL RECEIVE ADDITIONAL TRAINING ON AN ANNUAL BASIS;
  (II) LIMITATIONS ON EXPOSURE WHICH SHALL BE NO MORE THAN FIFTY PERCENT
OF  THE ANNUAL EXPOSURE LIMITS FOR NON-RADIATION WORKERS AS SPECIFIED BY
APPLICABLE REGULATIONS, EXCEPT THAT INMATES UNDER THE  AGE  OF  EIGHTEEN
SHALL  NOT  BE SUBJECT TO MORE THAN FIVE PERCENT OF SUCH ANNUAL EXPOSURE
LIMITS, AND PREGNANT WOMEN SHALL NOT BE SUBJECT TO SUCH SCANNING AT  ANY
TIME.  PROCEDURES  FOR  IDENTIFYING PREGNANT WOMEN SHALL BE SET FORTH IN
THE REGULATIONS;
  (III) REGISTRATION WITH THE DEPARTMENT OF EACH BODY  IMAGING  SCANNING
MACHINE PURCHASED OR INSTALLED AT A LOCAL CORRECTIONAL FACILITY;
  (IV)  INSPECTION  AND REGULAR REVIEWS OF THE USE OF BODY IMAGING SCAN-
NING EQUIPMENT BY THE DEPARTMENT OR THE  NEW  YORK  CITY  DEPARTMENT  OF
HEALTH AND MENTAL HYGIENE, AS APPLICABLE; AND
  (V)  A  REQUIREMENT  THAT  RECORDS  BE KEPT REGARDING EACH USE OF BODY
IMAGING SCANNING EQUIPMENT BY THE LOCAL CORRECTIONAL FACILITY.
  (D) FOR THE PURPOSE OF THIS SUBDIVISION, "BODY IMAGING SCANNING EQUIP-
MENT" OR "EQUIPMENT" MEANS EQUIPMENT THAT UTILIZES A LOW DOSE OF  IONIZ-
ING  RADIATION  TO  PRODUCE  AN  ANATOMICAL  IMAGE  CAPABLE OF DETECTING
OBJECTS PLACED ON, ATTACHED TO OR SECRETED WITHIN A PERSON'S BODY.
  (E) FOR THE PURPOSES OF THIS SUBDIVISION, "LOCAL CORRECTIONAL  FACILI-
TY"  SHALL  HAVE  THE  SAME  MEANING  AS FOUND IN SUBDIVISION SIXTEEN OF
SECTION TWO OF THE CORRECTION LAW.
  (F) ANY LOCAL GOVERNMENT AGENCY THAT UTILIZES  BODY  IMAGING  SCANNING
EQUIPMENT  IN A LOCAL CORRECTIONAL FACILITY UNDER ITS JURISDICTION SHALL
SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT, THE SPEAKER OF THE  ASSEMBLY,
AND  THE TEMPORARY PRESIDENT OF THE SENATE. SUCH REPORT SHALL BE SUBMIT-
TED WITHIN EIGHTEEN MONTHS AFTER THE INITIAL  DATE  OF  REGISTRATION  OF
SUCH  EQUIPMENT  WITH THE DEPARTMENT, AND ANNUALLY THEREAFTER, AND SHALL
CONTAIN THE FOLLOWING INFORMATION AS TO EACH SUCH FACILITY:
  (I) THE NUMBER OF TIMES THE EQUIPMENT WAS USED ON INMATES UPON INTAKE,
AFTER VISITS, AND UPON THE SUSPICION OF CONTRABAND, AS WELL AS ANY OTHER
EVENT THAT TRIGGERS THE USE OF SUCH EQUIPMENT;
  (II) THE AVERAGE, MEDIAN, AND HIGHEST NUMBER OF  TIMES  THE  EQUIPMENT
WAS USED ON ANY INMATE, WITH CORRESPONDING EXPOSURE LEVELS;
  (III)  THE NUMBER OF TIMES THE USE OF THE EQUIPMENT DETECTED THE PRES-
ENCE OF DRUG CONTRABAND, WEAPON CONTRABAND, AND  ANY  OTHER  ILLEGAL  OR
IMPERMISSIBLE OBJECT OR SUBSTANCE;
  (IV)  INCIDENTS  OR  ANY INJURIES OR ILLNESS RESULTING FROM THE USE OF
SUCH EQUIPMENT OR REPORTED BY PERSONS SCANNED BY SUCH EQUIPMENT; AND
  (V) ANY OTHER INFORMATION THE DEPARTMENT MAY REASONABLY REQUIRE.
  § 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided,  however,  that,  effective  imme-
diately,  the  addition, amendment, and/or repeal of any rules and regu-
lations necessary to implement the provisions of this act on its  effec-
tive date are directed to be completed on or before such effective date;
and  provided further, that this act shall expire and be deemed repealed
five years after such effective date.

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The New York State Senate

senate Bill S5337

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Mar 20, 2018 - floor Vote

Floor Vote: Mar 20, 2018

Feb 27, 2018 - Health committee Vote

Health Committee Vote: Feb 27, 2018

May 15, 2017 - floor Vote

Floor Vote: May 15, 2017

Apr 25, 2017 - Health committee Vote

Health Committee Vote: Apr 25, 2017

Co-Sponsors

S5337 (ACTIVE) - Details

S5337 (ACTIVE) - Summary

S5337 (ACTIVE) - Sponsor Memo

S5337 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5337

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Mar 20, 2018 - floor Vote

Floor Vote: Mar 20, 2018

Feb 27, 2018 - Health committee Vote

Health Committee Vote: Feb 27, 2018

May 15, 2017 - floor Vote

Floor Vote: May 15, 2017

Apr 25, 2017 - Health committee Vote

Health Committee Vote: Apr 25, 2017

Co-Sponsors

Patrick M. Gallivan

Fred Akshar

Phil Boyle

William J. Larkin, Jr.

Elaine Phillips

S5337 (ACTIVE) - Details

S5337 (ACTIVE) - Summary

S5337 (ACTIVE) - Sponsor Memo

S5337 (ACTIVE) - Bill Text download pdf

Comments