Senate Bill S9611

2021-2022 Legislative Session

Relates to the use of body imaging scanning equipment in correctional facilities throughout the state in connection with the implementation of a facility's security program

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Archive: Last Bill Status - In Senate Committee Rules Committee

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 09, 2022	referred to rules

2021-S9611 (ACTIVE) - Details

See Assembly Version of this Bill:: A10465
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §3502, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S4501, A8990
2025-2026: S7728, A3799

2021-S9611 (ACTIVE) - Summary

Authorizes the use of body imaging scanning equipment in correctional facilities throughout the state in connection with the implementation of a facility's security program, subject to certain regulations and limitations.

2021-S9611 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9611

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

Would permit the non-medical use of low dosage ionizing radiation on
incarcerated individuals 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: Sets effective date.

JUSTIFICATION:

Correctional facilities across the state are experiencing an epidemic of
slashings by incarcerated individuals 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 consider-
able damage on other incarcerated . 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 radi-
ation body scanners, formerly employed in major airports around the
country, to scan incarcerated individuals 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 incarcerat-
ed individuals' 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 incarcerated individuals.

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 incarcerated
individuals 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, emit-
ting less radiation than is experienced in approximately 10 minutes of
commercial air flight. However, because any radiation exposure is poten-
tially 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 incarcerated individual exposure is
minimal, that adoles- cents are only exposed to radiation under excep-
tional 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 correctional facilities across NYS and
the increasing use of ceramic blades as weapons among the incarcerated
individual population, it is important to safeguard staff and incarcer-
ated individuals 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 incarcerated individuals are only in
the correctional setting for relatively short periods of time and there-
fore should not be subject to long term radiation exposure.

 
LEGISLATIVE HISTORY:

New bill.

 
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 addi-
tion, amendment, and/or repeal of any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized 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.

2021-S9611 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9611
 
                             I N  S E N A T E
 
                             December 9, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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 7 to read as follows:
   7. (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  CORRECTIONAL FACILITY MAY, IN A MANNER PERMITTED BY THE
 REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION, UTILIZE BODY IMAG-
 ING 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.
   (B)  PRIOR TO ESTABLISHING, MAINTAINING OR OPERATING IN A CORRECTIONAL
 FACILITY ANY BODY IMAGING SCANNING EQUIPMENT, THE  CHIEF  ADMINISTRATIVE
 OFFICER OF THE FACILITY SHALL ENSURE THAT SUCH FACILITY IS IN COMPLIANCE
 WITH THE REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION AND OTHER-
 WISE APPLICABLE REQUIREMENTS FOR THE INSTALLATION, REGISTRATION, MAINTE-
 NANCE, 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:
   (I) A REQUIREMENT THAT PRIOR TO OPERATING BODY IMAGING SCANNING EQUIP-
 MENT,  UNLICENSED  PERSONNEL  EMPLOYED  AT CORRECTIONAL FACILITIES SHALL
 HAVE SUCCESSFULLY COMPLETED A TRAINING COURSE APPROVED BY THE DEPARTMENT
 AND THAT SUCH PERSONNEL 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15925-01-2
 S. 9611                             2
 
 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 CORRECTIONAL FACILITY;
   (IV) INSPECTION AND REGULAR REVIEWS OF THE USE OF BODY  IMAGING  SCAN-
 NING EQUIPMENT BY THE DEPARTMENT, AS APPLICABLE; AND
   (V)  A  REQUIREMENT  THAT  RECORDS  BE KEPT REGARDING EACH USE OF BODY
 IMAGING SCANNING EQUIPMENT BY THE 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,  "CORRECTIONAL  FACILITY"
 SHALL  HAVE THE SAME MEANING AS FOUND IN SUBDIVISION FOUR OF SECTION TWO
 OF THE CORRECTION LAW.
   (F) THE DEPARTMENT  OF  CORRECTIONS  SHALL  SUBMIT  AN  ANNUAL  REPORT
 REGARDING  THE UTILIZATION OF BODY IMAGING SCANNING EQUIPMENT IN CORREC-
 TIONAL FACILITIES TO THE DEPARTMENT, THE SPEAKER OF  THE  ASSEMBLY,  AND
 THE  TEMPORARY  PRESIDENT  OF THE SENATE. SUCH REPORT SHALL BE SUBMITTED
 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 and shall expire and be deemed repealed  five
 years  after  such  effective date. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.

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Senate Bill S9611

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2021-S9611 (ACTIVE) - Details

2021-S9611 (ACTIVE) - Summary

2021-S9611 (ACTIVE) - Sponsor Memo

2021-S9611 (ACTIVE) - Bill Text download pdf

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Sponsored By

James Skoufis

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2021-S9611 (ACTIVE) - Details

2021-S9611 (ACTIVE) - Summary

2021-S9611 (ACTIVE) - Sponsor Memo

2021-S9611 (ACTIVE) - Bill Text download pdf

Comments