S T A T E O F N E W Y O R K
________________________________________________________________________
8963
I N S E N A T E
January 21, 2026
___________
Introduced by Sen. SKOUFIS -- 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 authorizing body
scanner utilization in the office of children and family services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 3502 of the public health law, as
added by chapter 313 of the laws of 2018, subparagraph (i) of paragraph
(a) as amended by chapter 486 of the laws of 2022 and subparagraphs (ii)
and (iii) of paragraph (a), paragraph (b), subparagraphs (i), (ii),
(iii) and (v) of paragraph (c), paragraph (e) and the opening paragraph
and subparagraphs (i) and (ii) of paragraph (f) as amended by section 1
of part LL of chapter 56 of the laws of 2023, is amended to read as
follows:
6. (a) (i) 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 local correctional facility, OR SECURE OR SPECIALIZED
SECURE DETENTION FACILITY may, in a manner permitted by the regulations
promulgated pursuant to this subdivision, utilize body imaging scanning
equipment that applies ionizing radiation to humans for purposes of
screening incarcerated individuals committed to such LOCAL CORRECTIONAL
FACILITY, OR INDIVIDUALS DETAINED IN, COMMITTED TO, VISITING OR EMPLOYED
IN A SECURE OR SPECIALIZED SECURE DETENTION facility, in connection with
the implementation of such facility's security program.
(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 OR FACILITY FOR YOUTH PLACED
WITH OR COMMITTED TO 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 ioniz-
ing radiation to humans for purposes of screening individuals detained
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14112-01-5
S. 8963 2
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 AND THE OFFICE OF
CHILDREN AND FAMILY SERVICES, shall promulgate regulations establishing
when body imaging scanning equipment will be used to screen visitors and
[incarcerated] individuals DETAINED in OR COMMITTED TO state correction-
al facilities, SECURE OR SPECIALIZED SECURE DETENTION FACILITIES, OR
FACILITIES FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN
AND FAMILY SERVICES. Such regulations shall include provisions estab-
lishing 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 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 AND THE OFFICE
OF CHILDREN AND FAMILY SERVICES shall promulgate regulations establish-
ing when body imaging scanning equipment will be used to screen employ-
ees of the department of corrections and community supervision AND THE
OFFICE OF CHILDREN AND FAMILY SERVICES, provided, however that such
regulations shall be consistent with the policies and procedures of the
department of corrections and community supervision AND THE OFFICE OF
CHILDREN AND FAMILY SERVICES 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.
(b) Prior to establishing, maintaining or operating ANY BODY IMAGING
SCANNING EQUIPMENT in a state or local correctional facility, [any body
imaging scanning equipment] SECURE OR SPECIALIZED SECURE DETENTION
FACILITY, OR FACILITY FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE
OF CHILDREN AND FAMILY SERVICES, the chief administrative officer of the
facility shall ensure that such facility is in compliance with the regu-
lations promulgated pursuant to this subdivision and otherwise applica-
ble requirements for the installation, registration, maintenance, opera-
tion and inspection of body imaging scanning equipment.
(c) The regulations promulgated pursuant to subparagraph (ii) of para-
graph (a) of this subdivision shall include, but not be limited to:
(i) A requirement that prior to operating body imaging scanning equip-
ment, unlicensed personnel employed at state or local correctional
facilities, SECURE OR SPECIALIZED SECURE DETENTION FACILITIES, OR FACIL-
S. 8963 3
ITIES FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES shall have successfully completed a training course
approved by the department, 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;
(ii) Limitations on exposure which shall be no more than fifty percent
of the annual exposure limits for non-radiation workers as specified by
applicable regulations, except that individuals under the age of eigh-
teen shall not be subject to more than five percent of such annual expo-
sure limits, and pregnant women shall not be subject to such scanning at
any time. Procedures for identifying pregnant women shall be set forth
in the regulations;
(iii) Registration with the department of each body imaging scanning
machine purchased or installed at a state or local correctional
facility, SECURE OR SPECIALIZED SECURE DETENTION FACILITY, OR FACILITY
FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY
SERVICES;
(iv) Inspection and regular reviews of the use of body imaging scan-
ning equipment by the department or the New York city department of
health and mental hygiene, as applicable; and
(v) A requirement that records be kept regarding each use of body
imaging scanning equipment by the state or local correctional facility,
SECURE OR SPECIALIZED SECURE DETENTION FACILITY, OR FACILITY FOR YOUTH
PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES.
(d) For the purpose of this subdivision, "body imaging scanning equip-
ment" or "equipment" means equipment that utilizes a low dose of ioniz-
ing radiation to produce an anatomical image capable of detecting
objects placed on, attached to or secreted within a person's body.
(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) "SECURE DETENTION FACILITY" SHALL MEAN A SECURE DETENTION FACIL-
ITY CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO
SECTION FIVE HUNDRED THREE OF THE EXECUTIVE LAW.
(IV) "SPECIALIZED SECURE DETENTION FACILITY" SHALL MEAN A FACILITY FOR
ADOLESCENT OFFENDERS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES IN CONSULTATION WITH THE STATE COMMISSION OF CORRECTION PURSU-
ANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED THREE OF THE EXECUTIVE
LAW.
(V) "FACILITY FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF
CHILDREN AND FAMILY SERVICES" SHALL MEAN A FACILITY OPERATED PURSUANT TO
SECTION FIVE HUNDRED FOUR OF THE EXECUTIVE LAW.
(f) Any local government agency that utilizes body imaging scanning
equipment in a local correctional, OR SECURE OR SPECIALIZED SECURE
DETENTION facility under its jurisdiction shall submit an annual report
to the department, the speaker of the assembly, and the temporary presi-
dent of the senate. If body imaging scanning equipment is utilized in
one or more state correctional facilities OR FACILITIES FOR YOUTH PLACED
WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, the
department of corrections and community supervision OR THE OFFICE OF
CHILDREN AND FAMILY SERVICES, AS APPLICABLE, 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
S. 8963 4
agency [or], the department of corrections and community supervision OR
THE OFFICE OF CHILDREN AND FAMILY SERVICES 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:
(i) [For] FOR local correctional facilities, the number of times the
equipment was used on incarcerated individuals, OR FOR SECURE OR
SPECIALIZED SECURE DETENTION FACILITIES, THE NUMBER OF TIMES THE EQUIP-
MENT WAS USED ON INDIVIDUALS PLACED WITH, COMMITTED TO, VISITING OR
EMPLOYED IN SUCH FACILITY, upon intake, after visits, and upon the
suspicion of contraband, as well as any other event that triggers the
use of such equipment, and the average, median, and highest number of
times the equipment was used on any [incarcerated] SUCH individual, with
corresponding exposure levels; [and]
(ii) [For] FOR state correctional facilities OR FACILITIES FOR YOUTH
PLACED WITH OR COMMITTED TO 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[.];
(iii) the number of times the use of the equipment detected the pres-
ence of drug contraband, weapon contraband, and any other illegal or
impermissible object or substance;
(iv) incidents or any injuries or illness resulting from the use of
such equipment or reported by persons scanned by such equipment; and
(v) any other information the department may reasonably require.
§ 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.
