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.