LBD15915-04-6
A. 11507 2
VISITORS. CONTACT VISITS SHALL ALLOW FOR PHYSICAL CONTACT INCLUDING BUT
NOT LIMITED TO HAND HOLDING, HUGGING, AND CHILDREN BEING ABLE TO SIT ON
THEIR PARENTS' LAP DURING THE VISIT. CONTACT VISITS SHALL NOT INCLUDE
INTERACTIONS THROUGH A TWO-WAY, AUDIO-VIDEO COMMUNICATION DEVICE, SUCH
AS A COMPUTER.
3. "NON-CONTACT VISIT" MEANS AN IN-PERSON VISIT WITH A PHYSICAL BARRI-
ER BETWEEN AN INCARCERATED INDIVIDUAL AND THEIR VISITORS OR A VISIT IN
WHICH NO PHYSICAL CONTACT IS ALLOWED. NON-CONTACT VISITS SHALL NOT
INCLUDE INTERACTIONS THROUGH A TWO-WAY, AUDIO-VIDEO COMMUNICATION
DEVICE, SUCH AS A COMPUTER.
4. "VIDEO CALL" MEANS AN INTERACTION BETWEEN AN INCARCERATED INDIVID-
UAL AND A VISITOR THROUGH AN AUDIO-VISUAL COMMUNICATION DEVICE.
5. "EMPLOYEE" MEANS ANY PERSON EMPLOYED BY THE DEPARTMENT OR A MUNICI-
PALITY WHO WORKS IN ANY CAPACITY IN A STATE OR LOCAL CORRECTIONAL FACIL-
ITY, OR ANY PERSON WHO WORKS IN ANY CAPACITY OR HAS A NON-PERSONAL
REASON TO BE IN A STATE OR LOCAL CORRECTIONAL FACILITY REGARDLESS OF THE
IDENTITY OF THEIR EMPLOYER.
6. "STATE CORRECTIONAL FACILITY" SHALL HAVE THE SAME MEANING AS
"CORRECTIONAL FACILITY" AS DEFINED IN SUBDIVISION FOUR OF SECTION TWO OF
THIS CHAPTER.
7. "MENSTRUAL PRODUCT" MEANS A SANITARY NAPKIN, TAMPON, MENSTRUAL
DISC, OR MENSTRUAL CUP.
8. "CONTRACEPTIVE DEVICE" MEANS AN INTRAUTERINE DEVICE (IUD) OR
CONTRACEPTIVE IMPLANT.
9. "UNREMOVABLE RELIGIOUS ITEM" MEANS HEADWEAR, CLOTHING, OR JEWELRY
THAT IS AGAINST ONE'S RELIGIOUS BELIEFS TO REMOVE FROM THEIR PERSON.
10. "ALTERNATIVE SEARCH METHOD" MEANS ANY PROCEDURE USED TO SEARCH AN
INDIVIDUAL THAT HAS NOT ALREADY BEEN UTILIZED ON SUCH INDIVIDUAL REGARD-
ING THEIR INTENDED ENTRY INTO A STATE OR LOCAL CORRECTIONAL FACILITY,
INCLUDING BUT NOT LIMITED TO USE OF A BODY SCANNER, METAL DETECTOR, PAT
DOWN SEARCH, OR CANINE SEARCH. ALL PAT DOWN SEARCHES FOR VISITORS, AND
STRIP SEARCHES FOR INCARCERATED INDIVIDUALS SHALL REQUIRE WRITTEN
CONSENT FROM THE INDIVIDUAL BEING SEARCHED.
11. "BODY SCANNER" MEANS EQUIPMENT THAT UTILIZES A LOW DOSE OF IONIZ-
ING RADIATION OR MILLIMETER WAVE FREQUENCY TO PRODUCE AN ANATOMICAL
IMAGE CAPABLE OF DETECTING OBJECTS OR MATERIALS PLACED ON, ATTACHED TO
OR SECRETED WITHIN A PERSON'S BODY.
12. "EMERGENCY" MEANS AN UNEXPECTED, EXTRAORDINARY SITUATION INVOLVING
THE DETONATION OF AN EXPLOSIVE DEVICE, AN ACUTE MASS CONTAMINATION OR
PUBLIC HEALTH EMERGENCY, AN ONGOING VIOLENT RIOT, REVOLT, OR INSURREC-
TION AFFECTING A LARGE NUMBER OF PEOPLE, OR OTHER SIMILAR EMERGENCY OF
THE SAME MAGNITUDE AND REQUIRING IMMEDIATE ACTION TO PROTECT THE SAFETY
OF THOSE INVOLVED. A STAFFING SHORTAGE OR OTHER LACK OF STAFF SHALL NOT
CONSTITUTE AN EMERGENCY.
13. "HIGH-LEVEL EMPLOYEE" MEANS THE CORRECTIONAL FACILITY SUPERINTEN-
DENT, SERGEANT, LIEUTENANT, FACILITY ADMINISTRATIVE EMPLOYEE, OR FOR A
LOCAL CORRECTIONAL FACILITY, THE SHERIFF.
§ 221. VISITING SCHEDULES. 1. ALL FORENSIC MENTAL HEALTH FACILITIES
SHALL ALLOW IN-PERSON CONTACT VISITS EVERY DAY OF THE WEEK, FOR MULTIPLE
HOURS PER DAY.
2. ALL STATE OR LOCAL CORRECTIONAL FACILITIES SHALL ALLOW IN-PERSON
CONTACT VISITS WITH UP TO FOUR VISITORS AT A TIME, EVERY DAY OF THE
WEEK, FOR AT LEAST SIX HOURS PER DAY AT STATE FACILITIES.
3. VISITS AFTER SIX O'CLOCK IN THE EVENING SHALL BE MADE AVAILABLE ON
SATURDAYS, SUNDAYS, AND A MINIMUM OF TWO WEEKDAYS AT ALL STATE AND LOCAL
CORRECTIONAL FACILITIES.
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4. VISITORS SHALL BE PERMITTED TO REMAIN IN THE DESIGNATED VISITING
AREA UP TO THE ENTIRETY OF VISITING HOURS FOR THAT FACILITY UNLESS SPACE
DOES NOT PERMIT DUE TO THE NUMBER OF VISITORS VISITING THAT DAY.
5. THE NUMBER, LENGTH, AND FREQUENCY OF VISITS BY EACH VISITOR MAY BE
LIMITED ONLY AS NECESSARY TO ACCOMMODATE ALL VISITORS WHO ARRIVE DURING
SCHEDULED VISITING TIMES.
6. MULTIPLE SETS OF VISITORS SHALL BE PERMITTED TO VISIT AN INCARCER-
ATED INDIVIDUAL AT DIFFERENT TIMES ON THE SAME DAY AND A VISITOR SHALL
BE PERMITTED TO VISIT MULTIPLE INCARCERATED INDIVIDUALS AT DIFFERENT
TIMES ON THE SAME DAY.
7. VISITORS WHO LEAVE A CORRECTIONAL FACILITY AFTER VISITING AN INCAR-
CERATED INDIVIDUAL SHALL BE PERMITTED TO RETURN TO THE FACILITY THAT
SAME DAY TO PARTICIPATE IN A VISIT, INCLUDING WITH EITHER THE SAME
INCARCERATED INDIVIDUAL ORIGINALLY VISITED OR A DIFFERENT INCARCERATED
INDIVIDUAL.
8. ALL STATE AND LOCAL CORRECTIONAL FACILITIES SHALL ALLOW VISITS ON
ALL STATE HOLIDAYS.
9. ALL VISITING SCHEDULES SHALL BE REGULARLY UPDATED ONLINE AND SHALL
BE CLEARLY AND CONSPICUOUSLY POSTED IN THE VISITOR PROCESSING AREAS.
CHANGES TO VISITING SCHEDULES SHALL BE POSTED WITHIN ONE WEEK OF SUCH
CHANGES BEING MADE.
§ 222. VISITOR PROCESSING TIMELINE. 1. EACH CORRECTIONAL FACILITY
SHALL PROCESS VISITORS AS EXPEDITIOUSLY AS POSSIBLE AND ENSURE THAT THE
INCARCERATED INDIVIDUAL BEING VISITED AND THEIR VISITOR ARE ABLE TO BE
TOGETHER STARTING WITHIN ONE HOUR OF THE VISITOR ARRIVING AT THE FACILI-
TY WITHIN VISITING HOURS; PROVIDED, HOWEVER, THAT THE INCARCERATED INDI-
VIDUAL BEING VISITED MAY VOLUNTARILY CHOOSE TO TAKE MORE TIME TO COME
FOR THE VISIT.
2. STATE AND LOCAL CORRECTIONAL FACILITIES SHALL ESTABLISH A SYSTEM TO
ALLOW VISITORS TO DOCUMENT THEIR ARRIVAL TIME FOR A VISIT AT A CORREC-
TIONAL FACILITY TO ENSURE THAT VISITORS ARE NOT WAITING LONGER THAN ONE
HOUR. DATA COLLECTED BY SUCH SYSTEM SHALL NOT KEEP ANY INDIVIDUAL IDEN-
TIFYING INFORMATION ABOUT ANY INDIVIDUAL VISITOR.
(A) DATA ON WAIT TIMES AT STATE CORRECTIONAL FACILITIES SHALL BE
SHARED QUARTERLY WITH THE INSPECTOR GENERAL. THE INSPECTOR GENERAL SHALL
PUBLISH SUCH DATA ANNUALLY AND SHALL INCLUDE IN SUCH PUBLICATION THE
AVERAGE WAIT TIMES AT EACH STATE CORRECTIONAL FACILITY. UPON SUCH ANNUAL
PUBLICATION, THE INSPECTOR GENERAL SHALL INVESTIGATE THE STATE CORREC-
TIONAL FACILITIES WITH THE HIGHEST WAIT TIMES AND SHALL MAKE RECOMMENDA-
TIONS TO THE DEPARTMENT ON HOW TO REDUCE SUCH WAIT TIMES.
(B) DATA ON WAIT TIMES AT LOCAL CORRECTIONAL FACILITIES SHALL BE
SHARED QUARTERLY WITH THE COMMISSION. THE COMMISSION SHALL PUBLISH SUCH
DATA ANNUALLY AND SHALL INCLUDE IN SUCH PUBLICATION THE AVERAGE WAIT
TIMES AT EACH LOCAL CORRECTIONAL FACILITY. UPON SUCH ANNUAL PUBLICATION,
THE COMMISSION SHALL INVESTIGATE THE LOCAL CORRECTIONAL FACILITIES WITH
THE HIGHEST WAIT TIMES AND SHALL MAKE RECOMMENDATIONS TO THE LOCAL
CORRECTIONAL FACILITIES ON HOW TO REDUCE SUCH WAIT TIMES.
3. THE DEPARTMENT AND LOCAL CORRECTIONAL FACILITIES SHALL ESTABLISH A
SYSTEM TO ALLOW VISITORS TO OPT-IN TO RECEIVE AUTOMATED TEXT MESSAGES
NOTIFYING VISITORS IN A TIMELY MANNER WHEN VISITING DAYS OR HOURS ARE
CHANGED, VISITS ARE CANCELLED, OR VISITING HOURS ARE REDUCED OR SIGNIF-
ICANTLY DELAYED.
§ 223. VISITING ROOM ACCESSIBILITY AND CONDITIONS. 1. ALL STATE AND
LOCAL CORRECTIONAL FACILITIES SHALL BE ACCESSIBLE TO VISITORS WITH DISA-
BILITIES, INCLUDING BUT NOT LIMITED TO, ENSURING THAT EACH FACILITY
PROVIDES SUFFICIENT SEATING IN WAITING AREAS AND LOBBIES, INCLUDING
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OUTDOOR SEATING, OUTDOOR AWNINGS, WORKING AIR CONDITIONING INSIDE VISIT-
ING PROCESSING AREAS AND VISITING ROOMS WITHIN THE CORRECTIONAL FACILI-
TIES, AND THE ABILITY TO USE A CANE OR OTHER MOBILITY DEVICE AT ALL
POINTS DURING THE VISITING PROCESS.
2. ALL LOCATIONS INVOLVED IN VISITING, INCLUDING WAITING AREAS, PROC-
ESSING AREAS, AND VISIT ROOMS, SHALL BE KEPT CLEAN AND IN WORKING ORDER
AS DEFINED BY THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
RESTROOMS AND SANITATION REQUIREMENTS AND SHALL INCLUDE WATER FOR HAND
WASHING, WORKING BATHROOMS, HAND SOAP, PAPER TOWELS OR HAND DRYERS, AND
DRINKING WATER WHICH SHALL BE AVAILABLE AT NO COST. THE DEPARTMENT AND
LOCAL CORRECTIONAL FACILITIES SHALL PROVIDE VISITORS WITH A MECHANISM TO
REPORT ANY UNSATISFACTORY CONDITIONS IN SUCH LOCATIONS.
3. VISITORS AND INCARCERATED INDIVIDUALS SHALL HAVE ACCESS TO WORKING
VENDING MACHINES. SUCH VENDING MACHINES SHALL CONTAIN A VARIETY OF HEAL-
THY FOODS REPRESENTATIVE OF DIVERSE CULTURAL BACKGROUNDS AND THE PRICES
SHALL REFLECT COMMUNITY STANDARD PRICES.
§ 224. VISITING RIGHTS. 1. ALL VISITORS AND INCARCERATED INDIVIDUALS
BEING VISITED SHALL BE TREATED WITH DIGNITY AND RESPECT AT ALL TIMES.
2. VISITORS AND INCARCERATED INDIVIDUALS SHALL NOT BE DENIED A CONTACT
VISIT SOLELY ON THE BASIS OF AN ODOR OF ALCOHOL OR MARIJUANA OR BECAUSE
THEY APPEAR TO BE UNDER THE INFLUENCE.
3. ALL CORRECTIONAL FACILITIES SHALL HAVE AN AMNESTY BOX LOCATED IN
FRONT OF THE FACILITY WHICH SHALL SERVE AS A MECHANISM FOR VISITORS TO
DISPOSE OF ANY ITEMS WHICH WOULD BE CONFISCATED WHILE GOING THROUGH THE
SECURITY PROCESS. THE AMNESTY BOX SHALL BE IN A PROMINENT LOCATION WITH
CLEARLY MARKED SIGNS INDICATING ITS PURPOSE. ANY PERSON UTILIZING THE
AMNESTY BOX SHALL NOT FACE ANY CONSEQUENCES FOR DOING SO.
§ 225. RADIOLOGIST CONSULTANT. THE DEPARTMENT SHALL HIRE AT LEAST ONE
RADIOLOGIST WHOSE DUTIES SHALL INCLUDE DETERMINING WHETHER AN ALLEGED
ABNORMALITY FOUND ON AN IMAGE FROM A BODY SCANNER IS CONTRABAND WHEN AN
EMPLOYEE IS NOT ABLE TO MAKE SUCH A DETERMINATION. SUCH RADIOLOGIST
SHALL BE AVAILABLE FOR VIRTUAL CONSULTATION DURING ALL VISITING HOURS.
§ 226. VISIT DENIALS, EXCEPTIONS AND ACCOMMODATIONS. 1. THE COMMIS-
SION, IN CONSULTATION WITH THE DEPARTMENT AND LOCAL MUNICIPALITIES,
SHALL ESTABLISH PROCEDURES REGARDING THE DAILY USE OF AVAILABLE SCREEN-
ING METHODS, WHICH SHALL INCLUDE A ROTATION OF BODY SCANNERS, METAL
DETECTORS, AND CANINE SEARCHES, AND SHALL ESTABLISH PROTOCOLS FOR WHICH
METHODS SHOULD BE USED FOR VISITORS AND INCARCERATED INDIVIDUALS WHO ARE
BEING VISITED ON VARIOUS DAYS AT EACH FACILITY. SUCH PROCEDURES SHALL
ALSO INCLUDE PROVISIONS ESTABLISHING THAT ALTERNATIVE METHODS OF SCREEN-
ING MAY BE USED TO ACCOMMODATE INDIVIDUALS WHO ARE UNABLE TO BE SCREENED
BY BODY IMAGING SCANNING EQUIPMENT FOR MEDICAL REASONS.
2. INDIVIDUALS UNDER THE AGE OF EIGHTEEN AND PREGNANT INDIVIDUALS
SHALL NOT BE SCREENED BY A BODY SCANNER UTILIZING ANY LEVEL OF IONIZA-
TION. PROCEDURES FOR IDENTIFYING PREGNANT INDIVIDUALS SHALL BE SET
FORTH IN THE PROCEDURES ESTABLISHED BY THE COMMISSION, IN CONSULTATION
WITH THE DEPARTMENT AND LOCAL MUNICIPALITIES.
3. EMPLOYEES SHALL NOT ASK VISITORS OR INCARCERATED INDIVIDUALS WHO
ARE BEING VISITED TO REMOVE ITEMS WHICH WOULD CAUSE UNDUE HARDSHIP OR
HUMILIATION, INCLUDING BUT NOT LIMITED TO UNREMOVABLE RELIGIOUS ITEMS,
WIGS, MENSTRUAL PRODUCTS, CONTRACEPTIVE DEVICES, AND ADULT OR CHILDREN'S
DIAPERS.
4. NO VISITOR OR INCARCERATED INDIVIDUAL SHALL BE DENIED ACCESS TO AN
IN-PERSON CONTACT VISIT UNLESS CONTRABAND THAT IS UNLAWFUL TO POSSESS
OUTSIDE OF A CORRECTIONAL FACILITY IS FOUND ON THE BODY OF THE VISITOR
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OR THE INCARCERATED INDIVIDUAL BEING VISITED. THE SUSPICION OF CONTRA-
BAND SHALL NOT WARRANT A VISIT DENIAL.
5. A VISITOR OR INCARCERATED INDIVIDUAL SHALL HAVE THE OPPORTUNITY TO
DISCARD ANY ITEM FOUND ON THEIR BODY THAT IS LAWFUL TO POSSESS OUTSIDE
OF A CORRECTIONAL FACILITY AND SHALL SUBSEQUENTLY BE ENTITLED TO A
CONTACT-VISIT IF NO CONTRABAND IS FOUND TO EXIST ON THE BODY OF THE
VISITOR OR INCARCERATED INDIVIDUAL DURING A SECOND SEARCH.
6. DURING ALL VISITING HOURS, THERE SHALL BE A HIGH-LEVEL EMPLOYEE
TRAINED IN VISITING POLICIES WHO CAN BE CONSULTED IN THE EVENT A PROBLEM
WITH VISITING SHOULD OCCUR.
(A) HIGH-LEVEL EMPLOYEES SHALL HAVE THE AUTHORITY TO OVERRIDE AN
EMPLOYEE'S DECISION REGARDING GRANTING A VISITOR ACCESS TO A CONTACT
VISIT.
(B) VISITORS AND INCARCERATED INDIVIDUALS BEING VISITED SHALL BE
ALLOWED TO REQUEST TO SPEAK TO A HIGH-LEVEL EMPLOYEE, WHO SHALL SPEAK
WITH THE VISITOR OR INCARCERATED INDIVIDUAL WITHIN NO MORE THAN THIRTY
MINUTES AFTER SUCH REQUEST. VISITORS AND INCARCERATED INDIVIDUALS SHALL
HAVE THE OPPORTUNITY TO SUBMIT COMPLAINTS TO A HIGH-LEVEL EMPLOYEE AFTER
A VISIT TAKES PLACE.
7. ALTERNATIVE SEARCH METHODS SHALL BE USED FOR VISITORS AND INCARCER-
ATED INDIVIDUALS THAT HAVE REACHED BODY SCANNER RADIATION EXPOSURE
LIMITS. UPON CLEARING SUCH ALTERNATIVE SEARCH METHOD, THE VISITOR OR
INCARCERATED INDIVIDUAL SHALL BE PERMITTED TO HAVE A CONTACT VISIT.
8. BODY SCANNER AND PAT-DOWN SEARCHES SHALL BE CONDUCTED BY A STAFF
MEMBER OF THE SAME GENDER AS THE VISITOR OR INCARCERATED INDIVIDUAL,
UNLESS A STAFF MEMBER OF THE SAME GENDER IS NOT AVAILABLE DUE TO STAFF-
ING CAPACITY, IN WHICH CASE THE VISITOR OR INCARCERATED INDIVIDUAL SHALL
BE OFFERED AN ALTERNATIVE SEARCH METHOD AND PERMITTED TO HAVE A CONTACT
VISIT IF THE VISITOR OR INCARCERATED INDIVIDUAL CLEARS SUCH ALTERNATIVE
SEARCH METHOD.
9. IN ALL STATE CORRECTIONAL FACILITIES, AND APPLICABLE LOCAL CORREC-
TIONAL FACILITIES, VISITOR AND INCARCERATED INDIVIDUAL PROCESSING,
INCLUDING BODY SCANS AND ALTERNATIVE SEARCH METHODS, SHALL BE RECORDED
WITH VIDEO AND AUDIO VIA ACTIVATED BODY-WORN CAMERAS AND/OR STATIONARY
CAMERAS. THE DEPARTMENT AND APPLICABLE LOCAL CORRECTIONAL FACILITY SHALL
PRESERVE SUCH RECORDINGS FOR AT LEAST NINETY DAYS OR UNTIL A FILED
APPEAL IS RESOLVED.
10. IN NO INSTANCE SHALL A MALFUNCTIONING OR DAMAGED BODY SCANNER
RESULT IN THE CANCELLING OF VISITS OR DEFAULTING TO NON-CONTACT VISITS.
IN SUCH INSTANCE, ALTERNATIVE SEARCH METHODS SHALL BE UTILIZED.
§ 227. BODY SCANNER PROCEDURES. THE FOLLOWING PROCEDURES SHALL BE
FOLLOWED UPON ALLEGATIONS BY EMPLOYEES OF ABNORMALITIES ON A BODY SCAN-
NER IMAGE OF A VISITOR OR INCARCERATED INDIVIDUAL IN THE FOLLOWING
ORDER:
1. THE VISITOR OR INCARCERATED INDIVIDUAL SHALL BE INFORMED WHERE ON
THEIR PERSON THE IMAGE IS DISPLAYING AN ALLEGED ABNORMALITY AND THE
VISITOR OR INCARCERATED INDIVIDUAL SHALL BE GIVEN THE OPPORTUNITY TO
ADDRESS OR REMOVE SAID ABNORMALITY OR ANY OBJECT THAT MAY WRONGFULLY
APPEAR AS AN ABNORMALITY, UNLESS THE ALLEGED ABNORMALITY ON THE SCAN IS
REFERRING TO A MENSTRUAL PRODUCT, CONTRACEPTIVE DEVICE, OR UNREMOVABLE
RELIGIOUS OR MEDICALLY NECESSARY ITEMS. THE VISITOR OR INCARCERATED
INDIVIDUAL SHALL THEN BE GIVEN THE OPPORTUNITY TO GO THROUGH THE BODY
SCANNER A SECOND TIME AND SHALL BE PERMITTED A CONTACT VISIT IF THE SCAN
NO LONGER INDICATES AN ALLEGED ABNORMALITY.
2. IF THE EMPLOYEE REVIEWING THE SCAN DETERMINES THAT THE SCAN STILL
INDICATES AN ALLEGED ABNORMALITY AND THE VISITOR OR INCARCERATED INDI-
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VIDUAL INSISTS THAT THEY DO NOT HAVE CONTRABAND ON THEIR PERSON, THE
RADIOLOGIST SHALL BE CONTACTED WITHIN THIRTY MINUTES TO DIGITALLY REVIEW
THE SCAN IN ORDER TO MAKE A DETERMINATION. THE RADIOLOGIST SHALL RETURN
WITH A DETERMINATION NO LATER THAN NINETY MINUTES AFTER THE RADIOLOGIST
IS CONTACTED. IF THE RADIOLOGIST DETERMINES THAT THE SCAN DOES NOT INDI-
CATE CONTRABAND, THEN THE VISITOR OR INCARCERATED INDIVIDUAL SHALL BE
GRANTED A CONTACT VISIT.
3. (A) IF THE RADIOLOGIST DETERMINES THAT CONTRABAND IS PRESENT, THE
VISITOR OR INCARCERATED INDIVIDUAL SHALL BE OFFERED THE OPPORTUNITY TO
REMOVE OR DISCARD THE CONTRABAND AND SHALL THEN BE GIVEN THE OPPORTUNITY
TO GO THROUGH THE BODY SCANNER A THIRD TIME. THE VISITOR OR INCARCERATED
INDIVIDUAL SHALL BE PERMITTED A CONTACT VISIT IF THE SCAN NO LONGER
INDICATES AN ALLEGED ABNORMALITY.
(B) IF THE RADIOLOGIST DETERMINES THAT THE SCAN IS INCONCLUSIVE AND
THAT CONTRABAND MAY BE PRESENT, THE VISITOR OR INCARCERATED INDIVIDUAL
SHALL BE OFFERED THE OPTION FOR AN ALTERNATIVE SEARCH METHOD. IF CONTRA-
BAND IS NOT RECOVERED VIA THE ALTERNATIVE SEARCH METHOD, THE VISITOR OR
INCARCERATED INDIVIDUAL SHALL BE PERMITTED TO HAVE A CONTACT VISIT. IF
AN ITEM THAT IS LAWFUL TO POSSESS OUTSIDE OF A CORRECTIONAL FACILITY IS
RECOVERED VIA AN ALTERNATIVE SEARCH METHOD, THE VISITOR OR INCARCERATED
INDIVIDUAL SHALL BE GIVEN THE OPPORTUNITY TO GO THROUGH THE BODY SCANNER
A THIRD TIME. IF THE SCAN NO LONGER INDICATES AN ALLEGED ABNORMALITY,
THE VISITOR OR INCARCERATED INDIVIDUAL SHALL BE PERMITTED A CONTACT
VISIT. IF THERE IS STILL AN ALLEGED ABNORMALITY, THE VISITOR OR INCAR-
CERATED INDIVIDUAL SHALL BE PERMITTED A NON-CONTACT VISIT. IF THE VISI-
TOR OR INCARCERATED INDIVIDUAL CHOOSES TO FORGO AN ALTERNATIVE SEARCH
METHOD AFTER THEIR THIRD BODY SCAN, THE VISITOR OR INCARCERATED INDIVID-
UAL SHALL BE PERMITTED TO HAVE A NON-CONTACT VISIT.
4. RECOVERY OF CONTRABAND THAT IS UNLAWFUL TO POSSESS OUTSIDE OF A
CORRECTIONAL FACILITY OR DENIAL OF A VISIT SHALL IMMEDIATELY RESULT IN A
WRITTEN NOTICE TO THE VISITOR AND THE INCARCERATED INDIVIDUAL BEING
VISITED STATING THE REASON FOR DENYING THE VISIT AND, IF APPLICABLE,
WHERE ON THE BODY ANY CONTRABAND WAS FOUND. SUCH NOTICE SHALL BE GIVEN
TO THE VISITOR ONSITE, IMMEDIATELY FOLLOWING SUCH VISITATION DENIAL.
§ 228. VISITOR MEDICAL EXEMPTIONS. 1. VISITORS WITH A MEDICAL CONDI-
TION THAT EXEMPTS THEM FROM UTILIZING A BODY SCANNER FOR REASONS INVOLV-
ING THEIR HEALTH SHALL PRESENT DOCUMENTATION FROM A LICENSED MEDICAL
PROVIDER AT THE TIME OF THEIR VISIT. WHEN SUCH DOCUMENTATION IS
PROVIDED, THE VISITOR SHALL BE ENTITLED TO AN ALTERNATIVE SEARCH METHOD
AND PERMITTED A CONTACT VISIT IF CONTRABAND THAT IS ILLEGAL TO POSSESS
OUTSIDE OF A CORRECTIONAL FACILITY IS NOT RECOVERED.
2. VISITORS WITH A MEDICAL DEVICE OR A MEDICAL CONDITION THAT EXEMPTS
THEM FROM UTILIZING A BODY SCANNER SHALL PRESENT DOCUMENTATION FROM A
LICENSED MEDICAL PROVIDER AT THE TIME OF THE VISIT. VISITORS WHO ARE
UNABLE TO PRESENT SUCH DOCUMENTATION AT THE TIME OF THE VISIT SHALL BE:
(A) NOTIFIED OF THE REQUIREMENT TO BRING SUCH DOCUMENTATION; (B) OFFERED
A ONE-TIME EXCEPTION TO SUCH REQUIREMENT; AND (C) OFFERED AN ALTERNATIVE
SEARCH METHOD. CLEARING AN ALTERNATIVE SEARCH METHOD SHALL RESULT IN A
CONTACT-VISIT.
§ 229. INCARCERATED INDIVIDUAL VISITING RIGHTS. 1. NO INCARCERATED
INDIVIDUAL SHALL BE STRIP SEARCHED BEFORE OR AFTER VISITING UNLESS THE
INCARCERATED INDIVIDUAL VOLUNTARILY CHOOSES TO BE STRIP SEARCHED IN LIEU
OF GOING THROUGH A BODY SCANNER OR OTHER ALTERNATIVE SEARCH METHOD. ANY
INCARCERATED INDIVIDUAL VOLUNTARILY UNDERGOING A STRIP SEARCH SHALL BE
REQUIRED TO PROVIDE WRITTEN CONSENT.
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2. INCARCERATED INDIVIDUALS SHALL NOT HAVE VISITING RIGHTS REVOKED,
NOR BE DENIED CONTACT VISITS, AS A CONSEQUENCE OF ANY INFRACTION NOR FOR
ANY REASON OTHER THAN AN EMERGENCY.
3. ALL VISITING RIGHTS SET FORTH IN THIS ARTICLE SHALL APPLY TO INCAR-
CERATED INDIVIDUALS HOUSED IN ALL UNITS, INCLUDING SEGREGATED CONFINE-
MENT.
4. THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY SHALL PROVIDE INCAR-
CERATED INDIVIDUALS WITH A PERSONAL TABLET TO HAVE IN THEIR CELL OR CUBE
THAT CAN BE USED TO MAKE PERSONAL VIDEO CALLS FREE OF CHARGE TO SUPPLE-
MENT IN-PERSON VISITS.
§ 230. INVESTIGATIONS AND APPEALS. 1. INTERNAL INVESTIGATIONS RELATED
TO THE RECOVERY OF CONTRABAND FROM A VISITOR OR AN INCARCERATED INDIVID-
UAL SHALL BE CONCLUDED BY THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY
WITHIN THREE WEEKS OF RECOVERING SUCH CONTRABAND. UPON CONCLUSION OF ANY
SUCH INVESTIGATION, A WRITTEN EXPLANATION SHALL BE SENT TO THE VISITOR
OR INCARCERATED INDIVIDUAL CONTAINING THE OUTCOME OF THE INVESTIGATION
AND A DETAILED, NON-CONCLUSORY DESCRIPTION OF THE INVESTIGATION, INCLUD-
ING INFORMATION ABOUT: THE ALLEGED CONTRABAND; ANY EVIDENCE COLLECTED IN
THE INVESTIGATION; AND ANY CONSULTATION WITH A RADIOLOGIST, IF APPLICA-
BLE. A VISITOR OR INCARCERATED INDIVIDUAL MAY SUBMIT AN APPEAL TO ANY
DECISION MADE BY THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY NO LATER
THAN THREE WEEKS AFTER THE WRITTEN EXPLANATION WAS SENT TO THE VISITOR
OR INCARCERATED INDIVIDUAL. SUCH APPEAL SHALL BE REVIEWED BY A HIGH-LEV-
EL EMPLOYEE AND SHALL BE CONDUCTED THROUGH AN APPEALS HEARING AS SET
FORTH BY DEPARTMENT OR LOCAL CORRECTIONAL FACILITY PROCEDURES. THE
HIGH-LEVEL EMPLOYEE SHALL ISSUE A DECISION ON SUCH APPEAL WITHIN TWO
WEEKS OF SUBMISSION OF SUCH APPEAL AND SUCH DECISION SHALL BE SENT TO
THE VISITOR OR INCARCERATED INDIVIDUAL WITHIN ONE WEEK OF THE DECISION.
2. WHERE APPLICABLE, VIDEO AND AUDIO FOOTAGE OF THE INTERACTION WITH
THE VISITOR OR INCARCERATED INDIVIDUAL TAKEN BY BODY-WORN OR STATIONARY
CAMERAS AND BODY SCAN IMAGES SHALL BE MADE AVAILABLE UPON REQUEST OF THE
VISITOR AND/OR THEIR LAWYER IF THE VISITOR OR INCARCERATED INDIVIDUAL
WISHES TO APPEAL A DECISION, SUSPENSION OR LIMITATION ON VISITING. SUCH
VIDEO FOOTAGE OR BODY SCAN IMAGES SHALL BE MADE AVAILABLE TO THE VISI-
TOR, INCARCERATED INDIVIDUAL, AND/OR THEIR LAWYER WITHIN TWO WEEKS OF
THE REQUEST FOR SUCH FOOTAGE OR IMAGES.
§ 231. VISIT SUSPENSIONS. 1. NO VISITOR OR INCARCERATED INDIVIDUAL
SHALL BE SUSPENDED FROM CONTACT VISITS FOR A PERIOD OF TIME BEYOND THE
DAY IN WHICH SUCH A VISIT IS DENIED.
2. ANY VISIT SUSPENSION ISSUED OR IN EFFECT PRIOR TO THE EFFECTIVE
DATE OF THIS ARTICLE SHALL BE REVOKED UPON THE EFFECTIVE DATE OF THIS
ARTICLE AND VISITATION SHALL IMMEDIATELY BE REINSTATED, SUBJECT TO THE
PROVISIONS OF THIS ARTICLE.
3. ALL PREVIOUSLY SUSPENDED VISITORS AND INCARCERATED INDIVIDUALS
WHOSE VISITING RIGHTS WERE SUSPENDED PRIOR TO THE EFFECTIVE DATE OF THIS
ARTICLE SHALL RECEIVE NOTIFICATION THAT THEIR VISITING RIGHTS HAVE BEEN
REINSTATED, ALONG WITH NOTIFICATION OF THE PROVISIONS IN THIS ARTICLE,
ADJUSTED FOR BREVITY, WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS
ARTICLE. SUCH NOTIFICATION SHALL BE PROVIDED TO INCARCERATED INDIVIDUALS
AND THE SUSPENDED VISITOR AT SUCH VISITORS' ADDRESS ON FILE.
§ 232. EMPLOYEE TRAINING AND DISCIPLINE. 1. EMPLOYEES WHO PROCESS
VISITORS, STAFF VISITING ROOMS, OR OPERATE ANY SECURITY MACHINES OR
EQUIPMENT SHALL BE REQUIRED TO COMPLETE VISITING TRAINING ANNUALLY. SUCH
TRAINING SHALL INCLUDE TRAUMA-INFORMED APPROACHES TO INTERACTING WITH
VISITORS, CHILDREN, AND INCARCERATED INDIVIDUALS, AS WELL AS COMPREHEN-
SIVE TRAINING ON THE OPERATION OF BODY SCANNERS.
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2. EMPLOYEES FOUND, THROUGH THE APPEALS PROCESS SET FORTH BY THE
DEPARTMENT OR LOCAL CORRECTIONAL FACILITY, TO HAVE WRONGFULLY OR UNFAIR-
LY ENGAGED IN A PATTERN OF DENYING CONTACT OR NON-CONTACT VISITS TO A
VISITOR OR INCARCERATED INDIVIDUAL, OR ENGAGED IN THE MISTREATMENT OF
VISITORS, SHALL BE TEMPORARILY REASSIGNED TO ANOTHER PART OF THE CORREC-
TIONAL FACILITY WHILE COMPLETING APPROPRIATE TRAINING.
3. UPON COMPLETION OF SUCH APPROPRIATE TRAINING, THE EMPLOYEE MAY BE
REASSIGNED TO VISITOR PROCESSING. EMPLOYEES SUBSEQUENTLY FOUND TO HAVE
REPEATEDLY DENIED CONTACT VISITS TO A VISITOR OR INCARCERATED INDIVIDUAL
BASED SOLELY ON A BODY SCAN, ENGAGED IN OTHER MISCONDUCT OF VISITOR
PROCESSING, OR WHO DID NOT FOLLOW THE GUIDELINES SET FORTH IN THIS ARTI-
CLE, SHALL BE PERMANENTLY REASSIGNED FROM VISITOR PROCESSING AND/OR
STAFFING VISITING ROOMS AND SHALL BE SUBJECT TO AN INVESTIGATION AND
SUBSEQUENT DISCIPLINE FOR MISCONDUCT.
§ 233. EMERGENCIES; SUSPENSION OF VISITS. 1. A STATE OR LOCAL CORREC-
TIONAL FACILITY SHALL NOT SUSPEND OR LIMIT VISITS IN ANY MANNER EXCEPT
AS AUTHORIZED PURSUANT TO THIS ARTICLE; PROVIDED, HOWEVER, THAT VISITS
MAY BE SUSPENDED OR LIMITED DUE TO AN EMERGENCY, AS DEFINED IN SECTION
TWO HUNDRED TWENTY OF THIS ARTICLE.
2. ANY DECLARED EMERGENCY, AND ANY RESTRICTIONS ON VISITS DUE TO A
DECLARED EMERGENCY, SHALL:
(A) BE LIMITED TO THE MINIMUM AMOUNT OF TIME NECESSARY TO RESPOND TO
THE EMERGENCY;
(B) BE LIMITED TO AS FEW CORRECTIONAL FACILITIES AND AS FEW AREAS
WITHIN CORRECTIONAL FACILITIES AS NECESSARY;
(C) IMPACT AS FEW PEOPLE AS POSSIBLE; AND
(D) BE AS LIMITED IN SCOPE AS POSSIBLE.
3. EXCEPT FOR EMERGENCIES INVOLVING A MASS CONTAGION, NO EMERGENCY OR
RESTRICTION AS A RESULT OF AN EMERGENCY SHALL LAST FOR LONGER THAN SEVEN
DAYS. THE DEPARTMENT OR LOCAL MUNICIPALITY SHALL NOT DECLARE ANOTHER
EMERGENCY UNLESS A NEW INDEPENDENT EVENT THAT MEETS THE CRITERIA OF AN
EMERGENCY HAS TAKEN PLACE. IN THE EVENT OF AN EMERGENCY INVOLVING A MASS
CONTAGION, NO EMERGENCY AND NO RESTRICTION AS A RESULT OF AN EMERGENCY
SHALL LAST LONGER THAN HEALTH OFFICIALS DECLARE NECESSARY TO RESPOND TO
THE EMERGENCY.
4. FOR ANY PUBLIC HEALTH OR MASS CONTAGION EMERGENCY, THE DEPARTMENT
OR LOCAL CORRECTIONAL FACILITY SHALL CONSULT WITH THE DEPARTMENT OF
HEALTH TO DETERMINE NECESSARY ACTIONS TO RETURN TO PRE-EMERGENCY STAND-
ARDS OF VISITING AND TO PROVIDE GUIDANCE ON HOW VISITING CAN BE SAFELY
OFFERED PRIOR TO A FULL RESUMPTION OF PRE-EMERGENCY STANDARDS OF VISIT-
ING IN ACCORDANCE WITH THIS ARTICLE.
5. THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY SHALL TAKE IMMEDIATE
STEPS TO MITIGATE THE EFFECTS OF AN EMERGENCY ON VISITS AND SHALL IMPLE-
MENT TEMPORARY PROTOCOLS WHICH ALLOW FOR THE PARTIAL OR COMPLETE RESTO-
RATION OF VISITS IN ACCORDANCE WITH THIS ARTICLE. THE DEPARTMENT OR
LOCAL CORRECTIONAL FACILITY SHALL FULLY RESTORE VISITS IN ACCORDANCE
WITH THIS ARTICLE UPON THE CONCLUSION OF THE EMERGENCY OR AT SUCH TIME
AS IT IS NO LONGER NECESSARY TO SUSPEND OR LIMIT VISITS DUE TO SUCH
EMERGENCY, WHICHEVER IS EARLIER.
6. IN THE EVENT VISITS ARE SUSPENDED DURING AN EMERGENCY, THE DEPART-
MENT OR LOCAL CORRECTIONAL FACILITY SHALL PROVIDE ACCESS TO VIDEO CALLS
AND LETTER WRITING MATERIALS, INCLUDING PAPER, ENVELOPES, AND STAMPS,
FREE OF CHARGE, WHILE THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY
TAKES STEPS TO RESTORE IN-PERSON VISITS.
7. THE DECLARATION OF AN EMERGENCY BY THE DEPARTMENT OR A LOCAL
CORRECTIONAL FACILITY SHALL BE PUBLISHED ON THE DEPARTMENT'S OR LOCAL
A. 11507 9
MUNICIPALITY'S WEBSITE NO LATER THAN SIX HOURS AFTER THE START OF THE
EMERGENCY AND SHALL BE UPDATED DAILY, IN A WRITTEN STATEMENT THAT
INCLUDES:
(A) THE TIME AND DATE OF THE DECLARATION OF AN EMERGENCY;
(B) THE REASON FOR DECLARING AN EMERGENCY;
(C) THE PORTION OR PORTIONS OF A CORRECTIONAL FACILITY IMPACTED BY THE
EMERGENCY;
(D) WHETHER, TO THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY'S KNOW-
LEDGE, AN OUTSIDE AGENCY, DEPARTMENT, OR AUTHORITY HAS ALSO DECLARED AN
EMERGENCY AND A CITATION TO ANY SUCH DECLARATION; AND
(E) THE EXPECTED DURATION OF THE EMERGENCY, STEPS BEING TAKEN TO MITI-
GATE THE EFFECTS OF THE EMERGENCY ON VISITS, ANY TEMPORARY PROTOCOLS
WHICH ALLOW FOR THE PARTIAL OR COMPLETE RESTORATION OF VISITS IN ACCORD-
ANCE WITH THIS ARTICLE, AND THE EXPECTED TIMEFRAME FOR RETURN TO PRE-EM-
ERGENCY STANDARDS OF VISITING AND HOW SUCH RETURN WILL BE ACHIEVED.
8. THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY SHALL CONDUCT A
REVIEW OF THE STATE OF THE EMERGENCY AND UPDATE THE DECLARATION OF EMER-
GENCY DAILY. WHEN THE EMERGENCY NO LONGER EXISTS OR NO LONGER NECESSI-
TATES LIMITATIONS ON VISITS, VISITING SHALL BE RESTORED TO PRE-EMERGENCY
STANDARDS OF VISITING AS SET FORTH IN THIS ARTICLE.
9. ANY DECLARATION OF EMERGENCY MADE BY THE DEPARTMENT SHALL BE
SUBMITTED TO THE GOVERNOR AND THE SENATE AND ASSEMBLY CORRECTIONS
COMMITTEES WITHIN SIX HOURS AFTER SUCH DECLARATION OF THE EMERGENCY.
§ 234. REPORTING. 1. THE DEPARTMENT OR MUNICIPALITY OF A LOCAL
CORRECTIONAL FACILITY SHALL PUBLISH PUBLIC ANNUAL REPORTS ON ITS
WEBSITE, DISAGGREGATED BY CORRECTIONAL FACILITY, WHICH SHALL INCLUDE:
(A) THE NUMBER OF VISITORS;
(B) THE NUMBER OF VISITORS THAT WERE DENIED CONTACT VISITS AND THE
REASONS FOR SUCH DENIALS;
(C) THE LENGTH OF TIME OF EACH VISIT, BROKEN DOWN BY THE NUMBER OF
VISITS THAT LASTED BETWEEN ZERO TO ONE HOUR, ONE TO THREE HOURS, THREE
TO FOUR HOURS, AND FOUR PLUS HOURS;
(D) THE NUMBER OF TIMES BODY SCANNER EQUIPMENT WAS USED ON INDIVIDUALS
DETAINED IN OR VISITING A CORRECTIONAL FACILITY UPON INTAKE, BEFORE A
VISIT, AFTER A VISIT, AND UPON THE SUSPICION OF CONTRABAND, AS WELL AS
ANY OTHER EVENT THAT TRIGGERS THE USE OF SUCH EQUIPMENT, AND THE AVER-
AGE, MEDIAN, AND HIGHEST NUMBER OF TIMES SUCH EQUIPMENT WAS USED ON ANY
INDIVIDUAL DETAINED IN OR VISITING THE CORRECTIONAL FACILITY, ALONG WITH
CORRESPONDING EXPOSURE LEVELS;
(E) ANY INCIDENTS, INJURIES OR ILLNESSES RESULTING FROM THE USE OF
BODY SCANNING EQUIPMENT OR REPORTED BY PERSONS SCANNED BY SUCH EQUIP-
MENT;
(F) THE NUMBER OF APPEALS THAT WERE REQUESTED PURSUANT TO THIS ARTICLE
AND THE OUTCOMES OF SUCH APPEALS;
(G) THE NUMBER OF TIMES CONTRABAND WAS RECOVERED, WITH SPECIFICATION
OF THE TYPES OF CONTRABAND RECOVERED;
(H) THE NUMBER OF COMPLAINTS RECEIVED IN REGARD TO VISITING AND THE
NATURE OF SUCH COMPLAINTS;
(I) THE NUMBER OF EMPLOYEES WHO WERE REQUIRED TO COMPLETE VISITOR
PROCESSING TRAINING, IN ADDITION TO THE ANNUAL VISITING TRAINING, AS A
RESULT OF COMPLAINTS FROM VISITORS;
(J) THE NUMBER OF EMPLOYEES THAT RECEIVED DISCIPLINARY ACTION DUE TO
VISITING MISCONDUCT AND A DESCRIPTION OF SUCH MISCONDUCT;
(K) THE NUMBER OF EMPLOYEES THAT WERE PERMANENTLY REMOVED FROM PROC-
ESSING VISITORS AND THE REASON WHY SUCH EMPLOYEES WERE REMOVED;
(L) THE NUMBER OF EMPLOYEES PROCESSING VISITORS;
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(M) THE NUMBER OF EMPLOYEES STATIONED IN SEARCH AREAS AFTER VISITS;
(N) THE NUMBER OF EMPLOYEES STATIONED INSIDE VISITING ROOMS; AND
(O) ALL EMERGENCY RELATED SUSPENSIONS OR LIMITATIONS ON VISITING IN
ANY MANNER TO BE LESS THAN THE REQUIREMENTS OF THIS ARTICLE.
2. THE COMMISSION SHALL CONDUCT A STUDY TO RESEARCH AND MAKE RECOMMEN-
DATIONS ON APPROACHES TO SAFELY REDUCING CONTRABAND AND HOW TO IMPROVE
THE ACCURACY AND SAFETY OF VISITOR PROCESSING IN STATE AND LOCAL CORREC-
TIONAL FACILITIES. SUCH STUDY SHALL INCLUDE PARTICIPATION AND INPUT FROM
FORMERLY INCARCERATED INDIVIDUALS, LOVED ONES OF INCARCERATED INDIVID-
UALS, NON-PROFIT REPRESENTATIVES THAT PROVIDE SERVICES TO INCARCERATED
INDIVIDUALS, AND LAWYERS WHO WORK WITHIN THE CRIMINAL JUSTICE FIELD. THE
STUDY SHALL RESEARCH THE MINIMUM AND MAXIMUM NUMBER OF EMPLOYEES PROC-
ESSING VISITORS AND STAFFING VISITING ROOMS NEEDED IN PROPORTION TO THE
NUMBER OF INCARCERATED INDIVIDUALS AND THE AVERAGE NUMBER OF VISITORS
AND THE COMMISSION SHALL MAKE RECOMMENDATIONS BASED ON THE FINDINGS OF
SUCH STUDY.
§ 235. RIGHT TO BRING AN ACTION. ANY INCARCERATED INDIVIDUAL IN A
CORRECTIONAL FACILITY AND ANY PERSON WHO VISITED OR ATTEMPTED TO VISIT
AN INCARCERATED INDIVIDUAL IN A CORRECTIONAL FACILITY SHALL HAVE A RIGHT
TO BRING AN ACTION IN STATE COURT BASED ON ANY VIOLATION OF THIS ARTICLE
AND MAY SEEK: (I) TO ENJOIN SUCH VIOLATION; (II) TO OBTAIN A DECLARATORY
JUDGMENT; (III) TO RECOVER MONETARY DAMAGES; AND (IV) ANY OTHER RELIEF
DEEMED APPROPRIATE BY THE COURT.
§ 236. LAW TO BE POSTED. A COPY OF THIS LAW SHALL BE ADJUSTED FOR
BREVITY AND POSTED IN THE VISITOR PROCESSING AREA OF EACH CORRECTIONAL
FACILITY, AND IN COMMON SPACES INSIDE EACH CORRECTIONAL FACILITY IN THE
TOP THREE LANGUAGES SPOKEN BY INCARCERATED INDIVIDUALS AND VISITORS AT
OR VISITING SUCH FACILITY, AND SHALL BE VISIBLE TO VISITORS TO AND
EMPLOYEES AT ALL TIMES.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.