S T A T E O F N E W Y O R K
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11671
I N A S S E M B L Y
September 2, 2026
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Tapia) --
read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to enacting the "drug
and special watch due process act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "drug and special watch due process act".
§ 2. The correction law is amended by adding a new section 137-a to
read as follows:
§ 137-A. DRUG AND SPECIAL WATCHES. 1. DEFINITIONS. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "DRUG OR SPECIAL WATCH" MEANS ANY PLACEMENT, DETENTION, CONFINE-
MENT, OBSERVATION, TEMPORARY ISOLATION, DRY CELL PLACEMENT, OR SUBSTAN-
TIALLY SIMILAR RESTRICTION IMPOSED UPON AN INCARCERATED INDIVIDUAL BASED
UPON A BELIEF THAT SUCH INCARCERATED INDIVIDUAL HAS INGESTED CONTRABAND
OR IS CARRYING OR CONCEALING CONTRABAND WITHIN THE GASTROINTESTINAL
TRACT OR RECTUM, REGARDLESS OF THE TERMINOLOGY USED BY THE DEPARTMENT TO
DESCRIBE SUCH PLACEMENT.
(B) "NON-INVASIVE INTERNAL CONTRABAND DETECTION TECHNOLOGY" MEANS A
BODY SCANNER, RADIOLOGICAL IMAGING DEVICE, OR OTHER NON-INVASIVE TECH-
NOLOGY, APPROVED BY THE COMMISSIONER OF HEALTH FOR USE PURSUANT TO THIS
SECTION, THAT IS CAPABLE OF DETECTING, IMAGING, OR OTHERWISE INDICATING
THE PRESENCE OR ABSENCE OF A FOREIGN OBJECT OR CONTRABAND WITHIN THE
GASTROINTESTINAL TRACT OR RECTUM.
(C) "SCAN" MEANS AN EXAMINATION CONDUCTED THROUGH THE USE OF NON-INVA-
SIVE INTERNAL CONTRABAND DETECTION TECHNOLOGY.
(D) "NEGATIVE SCAN" MEANS THE RESULT OF A SCAN THAT DOES NOT INDICATE
THE PRESENCE OF CONTRABAND OR A FOREIGN OBJECT WITHIN THE GASTROINTESTI-
NAL TRACT OR RECTUM.
(E) "POSITIVE SCAN" MEANS THE RESULT OF A SCAN THAT INDICATES THE
PRESENCE OF CONTRABAND OR A FOREIGN OBJECT WITHIN THE GASTROINTESTINAL
TRACT OR RECTUM.
(F) "INCONCLUSIVE SCAN" MEANS THE RESULT OF A SCAN FROM WHICH THE
PRESENCE OR ABSENCE OF CONTRABAND OR A FOREIGN OBJECT CANNOT RELIABLY BE
DETERMINED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16309-01-6
A. 11671 2
2. GROUNDS FOR INVESTIGATION AND REQUIREMENT OF SCAN. (A) NO INCARCER-
ATED INDIVIDUAL SHALL BE PLACED ON A DRUG OR SPECIAL WATCH UNLESS THERE
IS PROBABLE CAUSE, BASED UPON SPECIFIC AND ARTICULABLE FACTS, TO BELIEVE
THAT SUCH INCARCERATED INDIVIDUAL HAS INGESTED CONTRABAND OR IS CARRYING
OR CONCEALING CONTRABAND WITHIN THE GASTROINTESTINAL TRACT OR RECTUM.
THE OFFICER OR EMPLOYEE ASSERTING SUCH PROBABLE CAUSE SHALL DOCUMENT IN
WRITING, PRIOR TO PLACEMENT WHENEVER PRACTICABLE:
(I) THE SPECIFIC FACTS AND CIRCUMSTANCES GIVING RISE TO SUCH BELIEF;
(II) THE DATE AND TIME SUCH FACTS OR CIRCUMSTANCES WERE OBSERVED OR
REPORTED;
(III) THE SOURCE OF SUCH INFORMATION, PROVIDED THAT INFORMATION IDEN-
TIFYING A CONFIDENTIAL SOURCE MAY BE WITHHELD FROM THE INCARCERATED
INDIVIDUAL WHERE DISCLOSURE WOULD CREATE A SUBSTANTIAL RISK TO THE SAFE-
TY OF ANY PERSON; AND
(IV) THE NAME AND TITLE OF SUCH OFFICER OR EMPLOYEE MAKING SUCH DETER-
MINATION.
(B) A GENERALIZED SUSPICION, THE INCARCERATED INDIVIDUAL'S DISCIPLI-
NARY HISTORY, PRIOR DRUG-RELATED CONDUCT, REPUTATION, OR PRESENCE IN A
PARTICULAR HOUSING UNIT OR AREA, WITHOUT ADDITIONAL INDIVIDUALIZED
FACTS, SHALL NOT INDEPENDENTLY CONSTITUTE PROBABLE CAUSE UNDER PARAGRAPH
(A) OF THIS SUBDIVISION.
(C) (I) PRIOR TO PLACEMENT ON A DRUG OR SPECIAL WATCH, AN INCARCERATED
INDIVIDUAL SHALL BE EXAMINED USING NON-INVASIVE INTERNAL CONTRABAND
DETECTION TECHNOLOGY.
(II) THE DEPARTMENT SHALL ENSURE PROMPT ACCESS TO NON-INVASIVE INTER-
NAL CONTRABAND DETECTION TECHNOLOGY AT EVERY CORRECTIONAL FACILITY OPER-
ATED BY THE DEPARTMENT, WHETHER THROUGH EQUIPMENT MAINTAINED AT A
CORRECTIONAL FACILITY, TRANSPORTATION TO ANOTHER CORRECTIONAL FACILITY,
TRANSPORTATION TO AN APPROPRIATE MEDICAL FACILITY, OR ANOTHER METHOD
APPROVED BY THE COMMISSIONER OF HEALTH.
(III) THE TEMPORARY UNAVAILABILITY OR MALFUNCTION OF SCANNING EQUIP-
MENT SHALL NOT, ON ITS OWN, CONSTITUTE GROUNDS FOR PLACEMENT ON A DRUG
OR SPECIAL WATCH.
3. EFFECT OF SCAN RESULTS AND AUTHORIZATION OF PLACEMENT. (A) WHERE A
SCAN PRODUCES A POSITIVE RESULT, THE SUPERINTENDENT OR ACTING SUPER-
INTENDENT MAY AUTHORIZE PLACEMENT OF THE INCARCERATED INDIVIDUAL ON A
DRUG OR SPECIAL WATCH.
(B) (I) A NEGATIVE SCAN SHALL CREATE A PRESUMPTION THAT THE PLACEMENT
OF THE INCARCERATED INDIVIDUAL ON A DRUG OR SPECIAL WATCH IS NOT
WARRANTED.
(II) NO INCARCERATED INDIVIDUAL WHOSE INITIAL SCAN PRODUCES A NEGATIVE
RESULT SHALL BE PLACED ON A DRUG OR SPECIAL WATCH EXCEPT WHERE THE
SUPERINTENDENT OR ACTING SUPERINTENDENT PERSONALLY DETERMINES IN WRITING
THAT EXTRAORDINARY CIRCUMSTANCES, SUPPORTED BY SPECIFIC AND ARTICULABLE
FACTS, ESTABLISH PROBABLE CAUSE NOTWITHSTANDING SUCH NEGATIVE SCAN. SUCH
WRITTEN DETERMINATION SHALL:
(1) IDENTIFY SUCH EXTRAORDINARY CIRCUMSTANCES RELIED UPON;
(2) EXPLAIN WHY SUCH EXTRAORDINARY CIRCUMSTANCES OVERCOME SUCH NEGA-
TIVE SCAN RESULT; AND
(3) STATE THE DATE AND TIME OF SUCH DETERMINATION AND THE NAME AND
TITLE OF THE PERSON AUTHORIZING PLACEMENT OF THE INCARCERATED INDIVIDUAL
ON A DRUG OR SPECIAL WATCH.
(C) AN INCONCLUSIVE SCAN SHALL NOT BE DEEMED A POSITIVE SCAN. WHERE AN
INITIAL SCAN RESULTS IN AN INCONCLUSIVE SCAN, THE DEPARTMENT SHALL,
WHERE MEDICALLY APPROPRIATE, CONDUCT A SECOND SCAN. IF SUCH SECOND SCAN
ALSO RESULTS IN AN INCONCLUSIVE SCAN, THE INCARCERATED INDIVIDUAL MAY BE
A. 11671 3
PLACED ON SPECIAL WATCH PROVIDED THAT THE SUPERINTENDENT OR ACTING
SUPERINTENDENT PERSONALLY DETERMINES IN WRITING THAT EXTRAORDINARY
CIRCUMSTANCES, SUPPORTED BY SPECIFIC AND ARTICULABLE FACTS, ESTABLISH
PROBABLE CAUSE NOTWITHSTANDING THE NEGATIVE SCAN.
4. NOTICE AND PROCEDURAL PROTECTIONS. (A) IMMEDIATELY UPON PLACEMENT
OF AN INCARCERATED INDIVIDUAL ON A DRUG OR SPECIAL WATCH, THE DEPARTMENT
SHALL PROVIDE SUCH INCARCERATED INDIVIDUAL WITH WRITTEN NOTICE STATING:
(I) THAT SUCH INCARCERATED INDIVIDUAL HAS BEEN PLACED ON A DRUG OR
SPECIAL WATCH;
(II) THE SPECIFIC FACTUAL BASIS FOR SUCH PLACEMENT;
(III) THE RESULT OF THE INITIAL SCAN;
(IV) WHERE APPLICABLE, THE EXTRAORDINARY CIRCUMSTANCES RELIED UPON TO
OVERRIDE A NEGATIVE SCAN;
(V) THE DATE AND TIME SUCH PLACEMENT COMMENCED;
(VI) SUCH INCARCERATED INDIVIDUAL'S RIGHT TO REQUEST A SUBSEQUENT SCAN
PURSUANT TO SUBDIVISION FIVE OF THIS SECTION; AND
(VII) THE CIRCUMSTANCES REQUIRING TERMINATION OF SUCH PLACEMENT ON A
DRUG OR SPECIAL WATCH.
(B) AN INCARCERATED INDIVIDUAL SHALL BE PROVIDED OPPORTUNITY TO MAKE
AN ORAL OR WRITTEN STATEMENT CONTESTING THE FACTUAL BASIS FOR CONTINUED
PLACEMENT ON A DRUG OR SPECIAL WATCH. ANY SUCH STATEMENT SHALL BE
INCLUDED IN THE RECORD OF SUCH PLACEMENT AND CONSIDERED DURING ANY
REVIEW OF CONTINUED CONFINEMENT.
(C) NO ADVERSE INFERENCE SHALL BE DRAWN FROM AN INCARCERATED INDIVID-
UAL'S EXERCISE OF ANY RIGHT PROVIDED BY THIS SECTION.
5. CONTINUED PLACEMENT; RIGHT TO SUBSEQUENT SCANNING; MANDATORY TERMI-
NATION. (A) AN INCARCERATED INDIVIDUAL PLACED ON A DRUG OR SPECIAL WATCH
SHALL HAVE THE RIGHT TO REQUEST A NEW SCAN AFTER TWENTY-FOUR HOURS OF
SUCH PLACEMENT AND DURING EACH TWENTY-FOUR-HOUR PERIOD OF CONTINUED
PLACEMENT. THE DEPARTMENT SHALL INFORM THE INCARCERATED INDIVIDUAL OF
SUCH RIGHT UPON INITIAL PLACEMENT AND AT LEAST ONCE DURING EACH SUBSE-
QUENT TWENTY-FOUR-HOUR PERIOD.
(B) UPON SUCH REQUEST UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THE
DEPARTMENT SHALL PROVIDE A NEW SCAN AS SOON AS PRACTICABLE, UNLESS A
DOCUMENTED DETERMINATION IS MADE BY A LICENSED HEALTH CARE PROFESSIONAL
THAT THE REQUESTED FORM OF SCANNING IS MEDICALLY CONTRAINDICATED. WHERE
ONE FORM OF SCANNING IS MEDICALLY CONTRAINDICATED, THE DEPARTMENT SHALL
MAKE REASONABLE EFFORTS TO PROVIDE ANOTHER FORM OF NON-INVASIVE INTERNAL
CONTRABAND DETECTION TECHNOLOGY APPROVED BY THE COMMISSIONER OF HEALTH.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE ANY SCAN
PERFORMED AFTER INITIAL PLACEMENT ON A DRUG OR SPECIAL WATCH RESULTS IN
A NEGATIVE SCAN, SUCH DRUG OR SPECIAL WATCH SHALL TERMINATE IMMEDIATELY.
(D) WHERE A SUBSEQUENT SCAN REMAINS POSITIVE, CONTINUED PLACEMENT ON A
DRUG OR SPECIAL WATCH SHALL BE PERMITTED ONLY FOR SO LONG AS PROBABLE
CAUSE CONTINUES TO EXIST AND ONLY IN ACCORDANCE WITH ALL LIMITATIONS
IMPOSED BY THIS SECTION AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS
ARTICLE.
(E) PLACEMENT ON A DRUG OR SPECIAL WATCH SHALL TERMINATE IMMEDIATELY
UPON THE EARLIEST OCCURRENCE OF ANY OF THE FOLLOWING:
(I) THE SUPERINTENDENT OR ACTING SUPERINTENDENT IS NO LONGER SATISFIED
THAT PROBABLE CAUSE EXISTS TO BELIEVE THAT THE INCARCERATED INDIVIDUAL
HAS INGESTED OR INTERNALLY CONCEALED CONTRABAND;
(II) ALL SUSPECTED CONTRABAND HAS BEEN RECOVERED AND THERE IS NO INDE-
PENDENT PROBABLE CAUSE TO BELIEVE ADDITIONAL CONTRABAND REMAINS WITHIN
THE INCARCERATED INDIVIDUAL'S BODY;
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(III) A LICENSED HEALTH CARE PROFESSIONAL DETERMINES THAT CONTINUED
PLACEMENT ON A DRUG OR SPECIAL WATCH PRESENTS A RISK TO THE INCARCERATED
INDIVIDUAL'S PHYSICAL OR MENTAL HEALTH THAT CANNOT REASONABLY BE MITI-
GATED WHILE SUCH PLACEMENT CONTINUES; OR
(IV) CONTINUED PLACEMENT ON A DRUG OR SPECIAL WATCH WOULD VIOLATE
SUBDIVISION TWENTY-THREE OF SECTION TWO OF THIS CHAPTER OR SUBDIVISION
SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS ARTICLE.
(F) WHERE CONTRABAND IS RECOVERED BUT THE DEPARTMENT ASSERTS THAT
ADDITIONAL CONTRABAND REMAINS WITHIN THE INCARCERATED INDIVIDUAL,
CONTINUED PLACEMENT ON A DRUG OR SPECIAL WATCH SHALL REQUIRE A NEW SCAN.
A NEGATIVE RESULT ON SUCH NEW SCAN SHALL REQUIRE IMMEDIATE TERMINATION
OF THE DRUG OR SPECIAL WATCH PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVI-
SION.
6. APPLICATION OF LIMITATIONS ON SEGREGATED CONFINEMENT. (A) ANY DRUG
OR SPECIAL WATCH OR TEMPORARY ISOLATION IMPOSED PURSUANT TO THIS SECTION
SHALL BE SUBJECT TO SUBDIVISION TWENTY-THREE OF SECTION TWO OF THIS
CHAPTER AND SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS
ARTICLE.
(B) A DRUG OR SPECIAL WATCH SHALL NOT BE EXCLUDED FROM THE DEFINITION
OF SEGREGATED CONFINEMENT UNDER THIS CHAPTER SOLELY BECAUSE THE DEPART-
MENT CHARACTERIZES SUCH PLACEMENT AS INVESTIGATORY, ADMINISTRATIVE,
TEMPORARY, NON-DISCIPLINARY, PROTECTIVE, FOR PURPOSES OF CONTRABAND
DETECTION, OR BY ANY OTHER DESIGNATION.
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE AN EXCEPTION
TO ANY LIMITATION OR PROHIBITION ESTABLISHED PURSUANT TO SUBDIVISION
TWENTY-THREE OF SECTION TWO OF THIS CHAPTER OR SUBDIVISION SIX OF
SECTION ONE HUNDRED THIRTY-SEVEN OF THIS ARTICLE.
7. DOCUMENTATION AND RECORDS. (A) THE DEPARTMENT SHALL CREATE AND
MAINTAIN A RECORD FOR EACH PLACEMENT OF AN INCARCERATED INDIVIDUAL ON A
DRUG OR SPECIAL WATCH. SUCH RECORD SHALL INCLUDE, AT A MINIMUM:
(I) THE CORRECTIONAL FACILITY AT WHICH SUCH PLACEMENT OCCURRED;
(II) THE SPECIFIC FACTUAL BASIS FOR THE INITIAL DETERMINATION OF PROB-
ABLE CAUSE;
(III) WHETHER EACH SCAN RESULTED IN A POSITIVE SCAN, NEGATIVE SCAN, OR
INCONCLUSIVE SCAN;
(IV) ANY WRITTEN DETERMINATION OVERRIDING AN INITIAL NEGATIVE SCAN AND
THE EXTRAORDINARY CIRCUMSTANCES RELIED UPON;
(V) EACH MEDICAL ASSESSMENT OR RECOMMENDATION CONCERNING CONTINUED
PLACEMENT ON SUCH DRUG OR SPECIAL WATCH;
(VI) THE DATE AND TIME SUCH DRUG OR SPECIAL WATCH BEGAN;
(VII) THE DATE AND TIME SUCH DRUG OR SPECIAL WATCH ENDED;
(VIII) THE TOTAL DURATION OF SUCH PLACEMENT; AND
(IX) WHETHER CONTRABAND WAS RECOVERED.
(B) RECORDS REQUIRED BY THIS SUBDIVISION SHALL BE MAINTAINED FOR NOT
LESS THAN SIX YEARS.
§ 3. The commissioner of corrections and community supervision and the
commissioner of health shall take all actions necessary for the imple-
mentation of this act, including the promulgation of rules and regu-
lations and the approval, procurement, installation, or identification
of appropriate non-invasive internal contraband detection technology, on
or before the effective date of this act.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.