Senate Bill S8054B

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2026	print number 8054b
May 22, 2026	amend and recommit to health
Apr 20, 2026	print number 8054a
Apr 20, 2026	amend and recommit to health
Jan 07, 2026	referred to health
May 15, 2025	referred to health

Bill Amendments

Original

B (Active)

co-Sponsors

2025-S8054 - 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 - Summary

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

2025-S8054 - 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 - 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.

co-Sponsors

2025-S8054A - 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-S8054A - Summary

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

2025-S8054A - Sponsor Memo

                                 
BILL NUMBER: S8054A

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 the use of body scanners in DOCCS and local
correctional facilities to include facilities operated by the Office of
Mental Health and the Office for People with Developmental Disabilities.

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 and OPWDD to also use body scanners to
curtail the influx of weapons and other contraband into these facili-
ties. The state-operated facilities operated by OMH and OPWDD that would
be eligible to use of body scanners would include Mental Health Hospi-
tals and Facilities, Addiction Treatment Centers, Community Residences,
Supervised Living Facilities, Residential Treatment Facilities, Residen-
tial Care Centers for Adult and Secure Treatment Facilities.

There has been a spike in weapons-related violence at certain OMH 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
authorizes 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 become a law.

2025-S8054A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8054--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sens. BASKIN, JACKSON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health --  recom-
   mitted  to  the  Committee on Health in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee

 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  AND THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES 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 secu-
 rity 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11801-03-6

 S. 8054--A                          2
 
 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-
 tional facilities. THE OFFICE OF MENTAL HEALTH AND THE OFFICE FOR PEOPLE
 WITH  DEVELOPMENTAL DISABILITIES SHALL PROMULGATE REGULATIONS ESTABLISH-
 ING WHEN BODY SCANNING EQUIPMENT WILL BE USED  TO  SCREEN  VISITORS  AND
 CLIENTS  IN  STATE OPERATED RESIDENTIAL AND OTHER FACILITIES OPERATED BY
 SUCH AGENCIES. Such regulations shall  include  provisions  establishing
 that  alternative  methods of screening may be used to accommodate indi-
 viduals who decline or are unable to be screened by body  imaging  scan-
 ning  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.
   THE  OFFICE  OF  MENTAL HEALTH AND THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES SHALL PROMULGATE REGULATIONS ESTABLISHING WHEN  BODY
 IMAGING  SCANNING  EQUIPMENT WILL BE USED TO SCREEN EMPLOYEES, PROVIDED,
 HOWEVER THAT SUCH REGULATIONS SHALL BE CONSISTENT WITH THE POLICIES  AND
 PROCEDURES OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL  DISABILITIES  GOVERNING  THE  SEARCH OF EMPLOYEES.   SUCH
 REGULATIONS SHALL INCLUDE PROVISIONS ESTABLISHING THAT ALTERNATIVE METH-
 ODS 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 DISCIPLI-
 NARY 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  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 AND THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL  DISABILITIES  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
 S. 8054--A                          3
 
 hygiene, and that such personnel receive additional training on an annu-
 al basis;
   (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 AND THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES;
   (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 OR THIRTY-
 SIX OF SECTION 1.03 AND SUBDIVISION (O) OF SECTION 10.03 OF  THE  MENTAL
 HYGIENE 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 AND THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,
 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 supervision, THE OFFICE OF MENTAL HEALTH  AND  THE  OFFICE
 FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES shall be submitted within
 eighteen months after the initial date of registration 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 AND THE OFFICE FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES,  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 aver-
 age, median, and highest number of times the equipment was used  on  any
 individual detained in, committed to, working in, or visiting the facil-
 ity, 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.

co-Sponsors

2025-S8054B (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-S8054B (ACTIVE) - Summary

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

2025-S8054B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8054--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by Sens. BASKIN, HARCKHAM, JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  recommitted  to  the Committee on Health in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 SECURE TREATMENT FACILITY
 OPERATED BY THE OFFICE OF MENTAL HEALTH OR THE OFFICE  FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES  AS  DEFINED  IN  SUBDIVISION (O) OF SECTION
 10.03 OF THE MENTAL HYGIENE LAW, OR A  FORENSIC  PSYCHIATRIC  CENTER  AS
 REFERENCED  IN  SECTION  7.17 OF THE MENTAL HYGIENE LAW 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11801-05-6
 S. 8054--B                          2
 
 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-
 tional facilities. THE OFFICE OF MENTAL HEALTH AND THE OFFICE FOR PEOPLE
 WITH DEVELOPMENTAL DISABILITIES SHALL PROMULGATE REGULATIONS  ESTABLISH-
 ING  WHEN  BODY  SCANNING  EQUIPMENT WILL BE USED TO SCREEN VISITORS AND
 CLIENTS IN SECURE TREATMENT FACILITIES AS DEFINED IN SUBDIVISION (O)  OF
 SECTION 10.03 OF THE MENTAL HYGIENE LAW AND FORENSIC PSYCHIATRIC CENTERS
 AS REFERENCED IN SECTION 7.17 OF THE MENTAL HYGIENE LAW OPERATED BY SUCH
 AGENCIES.  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 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 regu-
 lations 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 AND THE OFFICE FOR  PEOPLE  WITH  DEVELOP-
 MENTAL  DISABILITIES SHALL PROMULGATE REGULATIONS ESTABLISHING WHEN BODY
 IMAGING SCANNING EQUIPMENT WILL BE USED TO SCREEN  EMPLOYEES,  PROVIDED,
 HOWEVER  THAT SUCH REGULATIONS SHALL BE CONSISTENT WITH THE POLICIES AND
 PROCEDURES OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL DISABILITIES GOVERNING THE  SEARCH  OF  EMPLOYEES.    SUCH
 REGULATIONS SHALL INCLUDE PROVISIONS ESTABLISHING THAT ALTERNATIVE METH-
 ODS  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 DISCIPLI-
 NARY  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 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 AND THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL DISABILITIES AUTHORIZED TO USE SUCH EQUIPMENT  shall  have
 S. 8054--B                          3
 
 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 annu-
 al basis;
   (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 AND THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES;
   (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  SECURE  TREATMENT
 FACILITY  OPERATED  BY  THE STATE PURSUANT TO SUBDIVISION (O) OF SECTION
 10.03 OF THE MENTAL HYGIENE LAW AND ANY FORENSIC PSYCHIATRIC  CENTER  AS
 REFERENCED IN SECTION 7.17 OF THE MENTAL HYGIENE 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 AND THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,
 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 supervision, THE OFFICE OF MENTAL HEALTH  AND  THE  OFFICE
 FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES shall be submitted within
 eighteen months after the initial date of registration 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 AND THE OFFICE FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES,  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 aver-
 age, median, and highest number of times the equipment was used  on  any
 individual detained in, committed to, working in, or visiting the facil-
 ity, 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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Sponsored By

April Baskin

Current Bill Status - In Senate Committee Health Committee

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Robert Jackson

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