NY State Senate Bill 2025-S8054

Senate Bill S8054

2025-2026 Legislative Session

Expands the use of body scanners to facilities operated by the office of mental health, the office for people with developmental disabilities and the office of children and family services

download bill text pdf

Current Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to health

2025-S8054 (ACTIVE) - Details

See Assembly Version of this Bill:: A8232
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3502, Pub Health L

2025-S8054 (ACTIVE) - Summary

Expands the use of body scanners to facilities operated by the office of mental health, the office for people with developmental disabilities and the office of children and family services; establishes alternative methods of screening.

2025-S8054 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8054

SPONSOR: BASKIN
 
TITLE OF BILL:

An act to amend the public health law, in relation to body scanners in
state-operated facilities

 
PURPOSE:

To increase safety and security for clients and staff at state-operated
facilities

 
SUMMARY OF SPECIFIC PROVISIONS:

  Section 1: Expands the application of current provisions of the public
health  law  allowing  for  eh  use  of body scanners in DOCCS and local
correctional facilities to include facilities operated by the Office  of
Mental  Heal,  the Office for People with Developmental Disabilities and
the Office of Children and Family Services.

  Section 2: Establishes the effective date.

 
JUSTIFICATION:

In order to reduce the inflow of weapons and other contraband  in  DOCCS
facilities, the department is authorized to utilize body scanners.  This
legislation  would authorize OMH, OPWDD, and OCFS to also use body scan-
ners to curtail the influx of weapons and other  contraband  into  these
facilities.  The  state-operated  facilities  operated by OMH, OCFD, and
OPWDD that would be eligible to  use  of  body  scanners  would  include
Mental  Health  Hospitals  and  Facilities, Addiction Treatment Centers,
Community Residences, Supervised Living Facilities,  Residential  Treat-
ment  Facilities,  Residential Care Centers for Adults, Secure Treatment
Facilities, Division Facilities at OCFS, Temporary Hold Over  Facilities
at OCFS, and Juvenile Offender Facilities.

There has been a spike in weapons-related violence at certain OMH, OCFS,
and  OPWDD  facilities in the past year and if enacted, this legislation
would provide a sensible and needed additional  layer  of  security  for
clients  and staff at these state-operated facilities so that both staff
and clients can focus their efforts  on  treatment.    This  legislation
merely authorized the agencies to avail themselves of the technology, it
is not a mandate and does not provide money to purchase equipment.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
One hundred twentieth day after which it shall have been enacted.

2025-S8054 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8054
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  BASKIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to body  scanners  in
   state-operated 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),  subpara-
 graphs  (i)  and  (iii)  of paragraph (c), paragraph (e) and the opening
 paragraph and subparagraph (ii) 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, 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 correctional facility, A FACILITY OPERATED BY THE
 OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISA-
 BILITIES AND THE OFFICE OF CHILDREN AND FAMILY SERVICES 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 correc-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11801-01-5

 S. 8054                             2
 
 tional facilities. THE OFFICE OF MENTAL HEALTH, THE  OFFICE  FOR  PEOPLE
 WITH  DEVELOPMENTAL  DISABILITIES  AND THE OFFICE OF CHILDREN AND FAMILY
 SERVICES SHALL PROMULGATE REGULATIONS ESTABLISHING  WHEN  BODY  SCANNING
 EQUIPMENT  WILL BE USED TO SCREEN VISITORS AND CLIENTS IN STATE OPERATED
 RESIDENTIAL AND OTHER FACILITIES OPERATED BY SUCH AGENCIES.  Such  regu-
 lations  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
 reasons and that alternative methods of screening may be used to  accom-
 modate  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.
   THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL
 DISABILITIES  AND  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES SHALL
 PROMULGATE REGULATIONS ESTABLISHING WHEN BODY IMAGING SCANNING EQUIPMENT
 WILL BE USED TO SCREEN EMPLOYEES,  PROVIDED,  HOWEVER  THAT  SUCH  REGU-
 LATIONS  SHALL BE CONSISTENT WITH THE POLICIES AND PROCEDURES THE OFFICE
 OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES
 AND  THE  OFFICE OF CHILDREN AND FAMILY SERVICES 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 EQUIP-
 MENT FOR MEDICAL OR OTHER REASONS. SUCH REGULATIONS  SHALL  ALSO  ENSURE
 THAT  NO  PERSON  SHALL  BE  SUBJECTED TO ANY FORM OF HARASSMENT, INTIM-
 IDATION, OR DISCIPLINARY ACTION FOR CHOOSING TO BE SEARCHED BY AN ALTER-
 NATIVE METHOD OF SCREENING IN LIEU OF BODY IMAGING SCANNING. AN  EMPLOY-
 EE'S  REQUEST  TO  BE  SEARCHED BY AN ALTERNATIVE METHOD OF SCREENING IN
 LIEU OF BODY IMAGING SCANNING SHALL  NOT,  IN  ITSELF,  BE  GROUNDS  FOR
 DISCIPLINARY ACTION AGAINST SUCH EMPLOYEE.
   (i) A requirement that prior to operating body imaging scanning equip-
 ment,  unlicensed  personnel  employed  at  state  or local correctional
 facilities OR THE OFFICE OF MENTAL HEALTH, THE OFFICE  FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES  AND  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES AUTHORIZED  TO  USE  SUCH  EQUIPMENT  shall  have  successfully
 completed a training course approved by the department OR OFFICE, or for
 local correctional facilities in cities of two million or more, approved
 by  the  New York city department of health and mental hygiene, and that
 such personnel receive additional training on an annual basis;
 S. 8054                             3
 
   (iii) Registration with the department OR OFFICE of each body  imaging
 scanning machine purchased or installed at a state or local correctional
 facility  OR  STATE-OPERATED  FACILITY  OPERATED BY THE OFFICE OF MENTAL
 HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES  AND  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES;
   (e) For the purposes of this subdivision:
   (i) "Local correctional facility" shall have the same meaning as found
 in subdivision sixteen of section two of the correction law.
   (ii)  "State correctional facility" shall mean a "correctional facili-
 ty" as defined in subdivision four of section two of the correction law.
   (III) "STATE-OPERATED FACILITIES" SHALL MEAN ANY FACILITY OPERATED  BY
 THE STATE PURSUANT TO SUBDIVISION (B) OF SECTION 7.17, SUBDIVISIONS SIX,
 TEN,  SEVENTEEN,  TWENTY-EIGHT,  TWENTY-EIGHT-A, TWENTY-EIGHT-B, THIRTY-
 THREE OR THIRTY-SIX OF SECTION 1.03 AND SUBDIVISION (O) OF SECTION 10.03
 OF THE MENTAL HYGIENE LAW OR SECTIONS FIVE HUNDRED  FOUR,  FIVE  HUNDRED
 FOUR-A OR FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW.
   Any local government agency that utilizes body imaging scanning equip-
 ment  in  a  local  correctional  facility  under its jurisdiction shall
 submit an annual report to the department, the speaker of the  assembly,
 and  the  temporary  president  of  the senate. If body imaging scanning
 equipment is utilized in one or more state correctional facilities,  the
 department  of  corrections  and  community  supervision shall submit an
 annual report to the department, the speaker of the  assembly,  and  the
 temporary president of the senate. IF BODY IMAGING SCANNING EQUIPMENT IS
 UTILIZED  IN  ONE  OR  MORE  STATE-OPERATED  FACILITIES BY THE OFFICE OF
 MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND
 THE OFFICE OF CHILDREN AND FAMILY SERVICES, SUCH OFFICE SHALL SUBMIT  AN
 ANNUAL  REPORT  TO  THE DEPARTMENT, THE SPEAKER OF THE ASSEMBLY, AND THE
 TEMPORARY PRESIDENT OF THE SENATE.  Such  report  by  either  the  local
 government  agency or the department of corrections and community super-
 vision, THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES AND THE OFFICE OF CHILDREN AND FAMILY SERVICES shall
 be submitted within eighteen months after the initial date of  registra-
 tion of such equipment with the department, and annually thereafter, and
 shall contain the following information as to each such facility:
   (ii)  For  state  correctional  facilities,  STATE-OPERATED FACILITIES
 OPERATED BY THE OFFICE OF MENTAL HEALTH,  THE  OFFICE  FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES  AND  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES, the number of times the  equipment  was  used  on  individuals
 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  individual
 detained  in,  committed  to, working in, or visiting the facility, with
 corresponding exposure levels.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that  the  amendments  to
 subdivision  6  of section 3502 of the public health law made by section
 one 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 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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