S T A T E O F N E W Y O R K
________________________________________________________________________
8990--A
I N A S S E M B L Y
January 31, 2024
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Correction -- recommitted to the Committee on Correction in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
Section 1. Subparagraphs (ii) and (iii) of paragraph (a) of subdivi-
sion 6 of section 3502 of the public health law, as amended by section 1
of part LL of chapter 56 of the laws of 2023, are amended to read as
follows:
(ii) 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 state OR 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 individuals detained in, committed
to, visiting, or employed in such facility, in connection with the
implementation of such facility's security program.
(iii) The utilization of such body imaging scanning equipment shall be
in accordance with regulations promulgated by the department, or for
local correctional facilities in cities having a population of two
million or more, such utilization shall be in accordance with regu-
lations promulgated by the New York city department of health and mental
hygiene. The state commission of correction, in consultation with the
department of corrections and community supervision, shall promulgate
regulations establishing when body imaging scanning equipment will be
used to screen visitors and incarcerated individuals in state OR LOCAL
correctional facilities. Such regulations shall include provisions
establishing that alternative methods of screening may be used to accom-
modate individuals who decline or are unable to be screened by body
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01611-03-4
A. 8990--A 2
imaging scanning equipment for medical reasons and that alternative
methods of screening may be used to accommodate individuals who decline
to be screened for other reasons, unless security considerations warrant
otherwise. Such regulations shall also ensure that no person shall be
subjected to any form of harassment, intimidation, or disciplinary
action for choosing to be searched by an alternative method of screening
in lieu of body imaging scanning.
The department of corrections and community supervision shall promul-
gate regulations establishing when body imaging scanning equipment will
be used to screen employees of the department of corrections and commu-
nity supervision, provided, however that such regulations shall be
consistent with the policies and procedures of the department of
corrections and community supervision governing the search of employees.
Such regulations shall include provisions establishing that alternative
methods of screening may be used to accommodate individuals who decline
or are unable to be screened by body imaging scanning equipment for
medical or other reasons. Such regulations shall also ensure that no
person shall be subjected to any form of harassment, intimidation, or
disciplinary action for choosing to be searched by an alternative method
of screening in lieu of body imaging scanning. An employee's request to
be searched by an alternative method of screening in lieu of body imag-
ing scanning shall not, in itself, be grounds for disciplinary action
against such employee.
§ 2. Subparagraph (i) of paragraph (f) of subdivision 6 of section
3502 of the public health law, as amended by section 1 of part LL of
chapter 56 of the laws of 2023, is amended to read as follows:
(i) For local correctional facilities, the number of times the equip-
ment was used on [incarcerated] individuals [upon intake, after visits,]
DETAINED IN, COMMITTED TO, WORKING IN, OR VISITING THE FACILITY UPON
INTAKE, BEFORE WORK SHIFT, AFTER WORK SHIFT, BEFORE VISITS, AFTER
VISITS, and upon the suspicion of contraband, as well as any other event
that triggers the use of such equipment, and the average, median, and
highest number of times the equipment was used on any [incarcerated]
individual DETAINED IN, COMMITTED TO, WORKING IN, OR VISITING THE FACIL-
ITY, with corresponding exposure levels; and
§ 3. This act shall take effect immediately; provided however, that
the amendments to subdivision 6 of section 3502 of the public health law
made by sections one and two of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.