LBD13689-05-6
S. 9467 2
FACILITY OR STATE CORRECTIONAL FACILITY ON ANY PARTICULAR OCCASION.
"ALTERNATIVE SEARCH METHOD" SHALL INCLUDE, BUT NOT BE LIMITED TO, BODY
SCANNERS, METAL DETECTORS, PAT FRISKS, AND CANINE SEARCHES.
(B) (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 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 ALL INDIVIDUALS WHO SEEK TO ENTER SUCH FACILITY
AND ALL incarcerated individuals DETAINED IN OR committed to such facil-
ity, in [connection with] FURTHERANCE OF 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 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 ALL INDIVIDUALS WHO SEEK TO ENTER SUCH FACILITY
AND ALL individuals detained in[,] OR committed to[, visiting, or
employed in] such facility, in [connection with] FURTHERANCE OF the
implementation of such facility's security program.
(iii) The utilization of such body imaging scanning equipment shall be
in accordance with THE PROVISIONS SET FORTH IN THIS SECTION, AND regu-
lations promulgated by the department OF CORRECTIONS AND COMMUNITY
SUPERVISION, or for local correctional facilities in cities having a
population of two million or more, such utilization shall be in accord-
ance with THE PROVISIONS SET FORTH IN THIS SECTION AND regulations
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] ALL INDIVIDUALS WHO SEEK TO ENTER STATE
CORRECTIONAL FACILITIES, and incarcerated individuals in state correc-
tional facilities. Such regulations shall include provisions establish-
ing that: (A) alternative methods of screening may be used to accommo-
date 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] ARE UNABLE 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, intim-
idation, or disciplinary action for choosing to be searched by an alter-
native 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
S. 9467 3
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]; (B) ALL EMPLOYEES SHALL BE SCREENED UPON ENTRY
TO THE FACILITY BY BODY IMAGING SCANNING OR AN ALTERNATIVE METHOD OF
SCREENING; (C) THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
AND APPLICABLE LOCAL CORRECTIONAL FACILITIES SHALL ESTABLISH PROCEDURES
REGARDING THE DAILY USE OF AVAILABLE SCREENING METHODS, WHICH SHALL
INCLUDE A ROTATION OF BODY SCANNERS, METAL DETECTORS, PAT FRISKS (WITH
WRITTEN CONSENT), AND CANINE SEARCHES, AND SHALL ESTABLISH PROTOCOLS FOR
WHICH METHODS OUGHT TO BE USED FOR EMPLOYEES ON VARIOUS DAYS AT EACH
FACILITY AND WHICH SHALL INCLUDE AN EQUAL ROTATION OF ALL METHODS. THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND LOCAL CORREC-
TIONAL FACILITY SHALL RANDOMIZE THE ROTATION ON A WEEKLY BASIS AND SHALL
NOT PUBLICIZE TO EMPLOYEES IN ADVANCE WHICH METHOD OF SCREENING WILL BE
USED ON A PARTICULAR DAY; (D) IF ANY EMPLOYEE FAILS THEIR SECURITY
SCREENING AND CONTRABAND IS RECOVERED, OR REFUSES TO UTILIZE THE SEARCH
METHOD ASSIGNED TO THEM BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION OR LOCAL CORRECTIONAL FACILITY, SUCH EMPLOYEE SHALL NOT BE
PERMITTED TO ENTER THE FACILITY AND SHALL BE SUBJECT TO DISCIPLINE; (E)
IF AN EMPLOYEE FAILS THEIR SECURITY SCREENING AND CONTRABAND IS RECOV-
ERED, OR REFUSES TO UTILIZE THE SEARCH METHOD ASSIGNED TO THEM BY THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR LOCAL CORRECTION-
AL FACILITY, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR
LOCAL CORRECTIONAL FACILITY SHALL ENSURE THAT THE DUTIES OF THE ABSENT
EMPLOYEE ARE PERFORMED FOR THE ABSENT EMPLOYEE'S SHIFT AND ESTABLISH
STEPS TO BE TAKEN UPON THE REFUSAL OR FAILURE TO PASS THE SECURITY
SCREENING.
[(b)] (C) Prior to establishing, maintaining or operating in a state
or local correctional facility, any body imaging scanning equipment, the
chief administrative officer of the facility shall ensure that such
facility is in compliance with the regulations promulgated pursuant to
this subdivision and otherwise applicable requirements for the installa-
tion, registration, maintenance, operation and inspection of body imag-
ing scanning equipment.
[(c)] (D) The regulations promulgated pursuant to subparagraph [(ii)]
(III) of paragraph [(a)] (B) 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 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. ALL EMPLOYEES OPERATING BODY SCANNERS FOR THE FIRST SIX
MONTHS SHALL REQUIRE A SECOND OPINION FROM A SUPERVISOR TRAINED IN BODY
SCANNERS AND THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION'S
OR LOCAL CORRECTIONAL FACILITY'S VISITING POLICIES BEFORE DENYING AN
EMPLOYEE ENTRANCE TO THE FACILITY, OR BEFORE DENYING A VISITOR A CONTACT
VISIT OR DENYING A VISIT;
(ii) THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION SHALL
EMPLOY TWO FULL-TIME RADIOLOGISTS WHOSE RESPONSIBILITIES SHALL BE ESTAB-
LISHED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND
SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) CONSULTING WITH STATE FACILI-
TIES WHO ALLEGE THAT A VISITOR OR EMPLOYEE'S BODY SCAN IMAGE DISPLAYS
S. 9467 4
CONTRABAND TO CONFIRM OR DENY SUCH ALLEGATION, (B) TRAINING EMPLOYEES
WHO ARE REQUIRED TO RE-DO THEIR TRAINING UNDER THE PROVISIONS OF THIS
LAW, AND (C) MAKING RECOMMENDATIONS TO THE STATE DEPARTMENT ON HOW TO
IMPROVE THE USE OF BODY SCANS.
(III) Limitations on exposure which shall be no more than fifty
percent of the annual exposure limits for non-radiation workers as spec-
ified by applicable regulations, except that individuals under the age
of eighteen [shall not be subject to more than five percent of such
annual exposure limits,] and pregnant [women] INDIVIDUALS shall not be
subject to such scanning at any time. Procedures for identifying preg-
nant [women] INDIVIDUALS shall be set forth in the regulations;
[(iii)] (IV) Registration with the department of each body imaging
scanning machine purchased or installed at a state or local correctional
facility;
[(iv)] (V) Inspection and regular reviews of the use of body imaging
scanning equipment by the department or the New York city department of
health and mental hygiene, as applicable; and
[(v)] (VI) A requirement that records be kept regarding each use of
body imaging scanning equipment by the state or local correctional
facility.
[(d) For the purpose of this subdivision, "body imaging scanning
equipment" or "equipment" means equipment that utilizes a low dose of
ionizing 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.
(f) Any local government agency that utilizes body imaging scanning
equipment 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. Such report by either the local
government agency or the department of corrections and community super-
vision 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 local correctional facilities, the number of times the equip-
ment was used on incarcerated individuals upon intake, after visits, and
upon the suspicion of contraband, as well as any other event that trig-
gers the use of such equipment, and the average, median, and highest
number of times the equipment was used on any incarcerated individual,
with corresponding exposure levels; and
(ii) For state correctional facilities, the number of times the equip-
ment 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.
S. 9467 5
(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. The correction law is amended by adding a new section 138-c to
read as follows:
§ 138-C. BODY SCANNER PROCEDURES IN STATE AND LOCAL CORRECTIONAL
FACILITIES. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
(A) "LOCAL CORRECTIONAL FACILITY" SHALL HAVE THE SAME MEANING AS
DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER.
(B) "STATE CORRECTIONAL FACILITY" SHALL MEAN A "CORRECTIONAL FACILITY"
AS DEFINED IN SUBDIVISION FOUR OF SECTION TWO OF THIS CHAPTER.
(C) "EMPLOYEE" SHALL MEAN ANY PERSON WHO WORKS IN ANY CAPACITY IN A
STATE CORRECTIONAL FACILITY REGARDLESS OF THE IDENTITY OF THEIR EMPLOY-
ER, OR ANY PERSON WHO HAS A WORK-RELATED REASON TO ENTER A LOCAL CORREC-
TIONAL FACILITY.
(D) "ALTERNATIVE SEARCH METHODS" MEANS ANY PROCEDURE USED TO SEARCH AN
INDIVIDUAL THAT HAS NOT ALREADY BEEN UTILIZED ON SUCH INDIVIDUAL WITH
REGARD TO THE INDIVIDUAL'S INTENDED ENTRY INTO A LOCAL CORRECTIONAL
FACILITY OR STATE CORRECTIONAL FACILITY ON ANY PARTICULAR OCCASION.
"ALTERNATIVE SEARCH METHOD" INCLUDES, BUT IS NOT LIMITED TO, BODY SCAN-
NERS, METAL DETECTORS, PAT FRISKS (WHICH SHALL REQUIRE WRITTEN CONSENT),
AND/OR CANINE SEARCHES (WHICH SHALL NOT BE UTILIZED FOR INDIVIDUALS
UNDER THE AGE OF EIGHTEEN).
(E) "MENSTRUAL PRODUCT" MEANS SANITARY NAPKINS, TAMPONS, MENSTRUAL
DISCS, AND MENSTRUAL CUPS.
(F) "CONTRACEPTIVE DEVICE" MEANS INTRAUTERINE DEVICES (IUDS) AND
CONTRACEPTIVE IMPLANTS.
(G) "UNREMOVABLE RELIGIOUS ITEM" MEANS HEADWEAR, CLOTHING, OR JEWELRY
THAT IS AGAINST ONE'S RELIGIOUS BELIEFS TO REMOVE FROM THEIR PERSON.
(H) "HIGH-LEVEL EMPLOYEE" MEANS THE SUPERINTENDENT OF THE FACILITY,
FACILITY ADMINISTRATIVE STAFF, SERGEANTS, AND LIEUTENANTS.
(I) "CONTACT VISIT" MEANS ON-SITE IN-PERSON VISITING WITHOUT THE PRES-
ENCE OF PHYSICAL BARRIERS INCLUDING GLASS, PLEXIGLASS DIVIDERS, WALLS,
OR ANY OTHER BARRIER BETWEEN THE INCARCERATED INDIVIDUAL AND THEIR VISI-
TOR OR VISITORS. VISITS CLASSIFIED AS CONTACT VISITS ALLOW FOR PHYSICAL
CONTACT SUCH AS HAND HOLDING, HUGS, AND CHILDREN BEING ABLE TO SIT ON
THEIR PARENTS' LAP DURING THE VISIT.
(J) "NON-CONTACT VISIT" MEANS A VISIT BETWEEN AN INCARCERATED INDI-
VIDUAL AND A VISITOR IN WHICH THERE IS A PHYSICAL BARRIER AND NO PHYS-
ICAL CONTACT IS PERMITTED.
(K) "BODY IMAGING SCANNING EQUIPMENT", "EQUIPMENT", AND "BODY SCAN-
NERS" SHALL BE EQUIVALENT AND SHALL MEAN EQUIPMENT THAT UTILIZES A LOW
DOSE OF IONIZING RADIATION TO PRODUCE AN ANATOMICAL IMAGE CAPABLE OF
DETECTING OBJECTS PLACED ON, ATTACHED TO OR SECRETED WITHIN A PERSON'S
BODY.
2. SEARCH CONDUCT. BODY SCANNER AND PAT FRISK SEARCHES SHALL BE
CONDUCTED BY A STAFF MEMBER OF THE SAME GENDER AS THE VISITOR OR EMPLOY-
EE. IF A SEARCH BY A STAFF MEMBER OF THE SAME GENDER IS NOT POSSIBLE
DUE TO STAFFING CAPACITY, THE VISITOR OR EMPLOYEE SHALL BE OFFERED AN
ALTERNATIVE SEARCH METHOD. IF THE VISITOR CLEARS AN ALTERNATIVE SEARCH
METHOD, THE VISITOR SHALL BE PERMITTED A CONTACT VISIT AND IF THE
EMPLOYEE CLEARS AN ALTERNATIVE SEARCH METHOD, THE EMPLOYEE SHALL BE
PERMITTED TO ENTER THE FACILITY.
S. 9467 6
3. RECORDING OF SEARCHES. IN STATE CORRECTIONAL FACILITIES, AND LOCAL
CORRECTIONAL FACILITIES WITH BODY-WORN AND/OR STATIONARY CAMERAS, ALL
VISITOR AND EMPLOYEE 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 APPLICA-
BLE LOCAL CORRECTIONAL FACILITIES SHALL PRESERVE RECORDINGS OF SUCH
BODY-WORN AND STATIONARY CAMERAS FOR AT LEAST NINETY DAYS OR UNTIL A
FILED APPEAL IS RESOLVED.
4. BROKEN OR MALFUNCTIONING BODY SCANNERS. IF A BODY SCANNER IS BROKEN
OR NOT FUNCTIONING PROPERLY, ALTERNATIVE SEARCH METHODS SHALL BE
UTILIZED. IF A VISITOR CLEARS ALTERNATIVE SEARCH METHODS, THE VISITOR
SHALL BE PERMITTED A CONTACT VISIT AND IF AN EMPLOYEE CLEARS AN ALTERNA-
TIVE SEARCH METHOD, THE EMPLOYEE SHALL BE PERMITTED TO ENTER THE FACILI-
TY. IN NO INSTANCE SHALL THE MALFUNCTIONING OR DAMAGED BODY SCANNER
RESULT IN FACILITY-WIDE CANCELLING OF VISITS OR DEFAULTING TO NON-CON-
TACT VISITS.
5. IF A VISITOR OR EMPLOYEE REACHES THE RADIATION EXPOSURE LIMITS,
SUCH VISITOR OR EMPLOYEE SHALL UTILIZE ALTERNATIVE SEARCH METHODS. IF
THE VISITOR CLEARS ALTERNATIVE SEARCH METHODS, THEY SHALL BE PERMITTED A
CONTACT VISIT. IF THE EMPLOYEE CLEARS ALTERNATIVE SEARCH METHODS, THEY
SHALL BE PERMITTED TO ENTER THE FACILITY. IN NO INSTANCE SHALL REACHING
THE RADIATION EXPOSURE LIMITS RESULT IN THE CANCELLING OF VISITS OR
DEFAULTING TO NON-CONTACT VISITS. VISITORS AND EMPLOYEES SHALL BE NOTI-
FIED AT LEAST TWO SCANS PRIOR THAT THEY ARE APPROACHING THEIR RADIATION
EXPOSURE LIMIT.
6. VISITOR BODY SCANNER PROCEDURES. IF AN EMPLOYEE OF THE DEPARTMENT
OR LOCAL CORRECTIONAL FACILITY ALLEGES THAT A VISITOR'S BODY SCAN IMAGE
DISPLAYS AN ALLEGED ABNORMALITY, THE FOLLOWING PROCEDURES SHALL BE
FOLLOWED IN THE FOLLOWING ORDER:
(A) IF THE BODY SCAN OF A VISITOR INDICATES AN ALLEGED ABNORMALITY,
THE VISITOR SHALL BE INFORMED WHERE ON THEIR PERSON THE IMAGE IS
DISPLAYING SUCH ALLEGED ABNORMALITY, AND THE VISITOR SHALL BE GIVEN THE
OPPORTUNITY TO ADDRESS OR REMOVE SUCH 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,
MEDICAL IMPLANT OR SURGICALLY NECESSARY ITEM, OR UNREMOVABLE RELIGIOUS
ITEM.
(B) WHETHER OR NOT THE VISITOR HAD AN ITEM TO REMOVE, IF THE VISITOR
INSISTS THERE IS NO CONTRABAND ON THEIR PERSON, THE VISITOR SHALL 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.
(C) IF THE EMPLOYEE REVIEWING THE SCAN DETERMINES THAT THE SCAN STILL
INDICATES AN ALLEGED ABNORMALITY, BUT THE VISITOR INSISTS THAT THEY DO
NOT HAVE CONTRABAND ON THEIR PERSON, A TRAINED HIGH-LEVEL EMPLOYEE SHALL
BE REQUIRED TO IMMEDIATELY REVIEW THE SCANS AND THE VISITOR SHALL BE
PROVIDED THE OPPORTUNITY TO BE INTERVIEWED BY THE HIGH-LEVEL EMPLOYEE
CONDUCTING THE REVIEW. IF A VISITOR PROVIDES A REASONABLE EXPLANATION
FOR THE ABNORMALITY APPEARING ON THE SCAN, AND IF NO CONTRABAND IS
RECOVERED, THE VISITOR SHALL UTILIZE ALTERNATIVE SEARCH METHODS. IF THE
VISITOR PASSES THE ALTERNATIVE SEARCH METHODS, A CONTACT VISIT SHALL BE
PERMITTED, WHERE APPLICABLE. FOR THE PURPOSES OF THIS PARAGRAPH,
"REASONABLE EXPLANATIONS" SHALL INCLUDE, BUT NOT BE LIMITED TO, MENSTRU-
AL PRODUCTS, CONTRACEPTIVE OR OTHER MEDICAL DEVICES, UNREMOVABLE RELI-
GIOUS ITEMS, SURGICAL OR INJURY SCARS/SCAR TISSUE, AND BODY MARKINGS,
SUCH AS BEAUTY MARKS OR TATTOOS.
S. 9467 7
(D) IF THE DEPARTMENT EMPLOYEE AND SUPERVISOR DETERMINE THAT THE SCAN
IS SHOWING AN ALLEGED ABNORMALITY, BUT THE VISITOR IS UNABLE TO PROVIDE
A REASONABLE EXPLANATION FOR THE ALLEGED ANOMALY AND INSISTS THEY DO NOT
HAVE CONTRABAND ON THEIR PERSON, THE DEPARTMENT SHALL CONTACT THE
ON-CALL RADIOLOGIST FOR CONSULTATION WITHIN THIRTY MINUTES, AND THE
FINAL DETERMINATION ON WHETHER OR NOT THE SCAN INDICATES AN ABNORMALITY
SHALL BE MADE BY THE RADIOLOGIST AS QUICKLY AS POSSIBLE AND NOT LATER
THAN NINETY MINUTES AFTER THE INITIAL CALL. IF THE RADIOLOGIST DETER-
MINES THAT THE SCAN INDICATES ALLEGED CONTRABAND AND A REASONABLE EXPLA-
NATION IS NOT PROVIDED BY THE VISITOR, THE VISIT MAY BE SUSPENDED FOR
THAT DAY. IF THE RADIOLOGIST DETERMINES THAT THERE IS NO ABNORMALITY ON
THE SCAN, THE VISITOR SHALL BE PERMITTED A CONTACT VISIT.
(I) IF THE ON-CALL RADIOLOGIST IS CONSULTED, THE SUPERVISOR SHALL
CONTACT THE RADIOLOGIST DIRECTLY AND AWAY FROM THE VISITOR PROCESSING
AREA SO AS NOT TO IMPEDE OR DECELERATE THE PROCESSING OF OTHER VISITORS.
(II) IF THE ON-CALL RADIOLOGIST IS NOT AVAILABLE WITHIN NINETY MINUTES
OF THE INITIAL CALL FOR ANY REASON, AND FOR LOCAL CORRECTIONAL FACILI-
TIES WITHOUT A RADIOLOGIST, THE VISITOR MAY UTILIZE AN ALTERNATIVE
SEARCH METHOD. IF THE VISITOR UTILIZES ALTERNATIVE SEARCH METHODS AND
THERE IS AN ALLEGED ABNORMALITY, BUT NO CONTRABAND HAS BEEN RECOVERED, A
NON-CONTACT VISIT SHALL BE PERMITTED. IF CONTRABAND IS RECOVERED, THE
VISIT MAY BE DENIED.
(E) IF CONTRABAND IS RECOVERED, OR IF A CONTACT VISIT IS DENIED FOR
ANY OTHER REASON AFTER PROTOCOLS OUTLINED IN THIS SECTION HAVE BEEN
FOLLOWED, THE FACILITY SHALL IMMEDIATELY PROVIDE A WRITTEN NOTICE TO THE
VISITOR WHILE SUCH VISITOR IS ONSITE AND TO THE INCARCERATED INDIVIDUAL
WHOM THE VISITOR WAS ATTEMPTING TO VISIT STATING THE REASON FOR DENYING
THE CONTACT VISIT, AND, IF APPLICABLE, WHERE ON THE BODY ANY CONTRABAND
WAS FOUND.
(F) VIDEO FOOTAGE OF THE INTERACTION TAKEN BY STATIONARY OR BODY-WORN
CAMERAS AND A COPY OF THE BODY SCAN IMAGE SHALL BE AVAILABLE AT THE
REQUEST OF THE VISITOR AND/OR THEIR LAWYER IF THE VISITOR WISHES TO
APPEAL THE DECISION OR APPEAL ANY ADDITIONAL SUSPENSION OR LIMITATION ON
VISITS. SUCH VIDEO FOOTAGE SHALL BE MADE AVAILABLE UPON REQUEST WITHIN
ONE WEEK OF THE REQUEST BY THE VISITOR AND/OR THEIR LAWYER. ALL
APPEALS, DESPITE THE LENGTH OF THE SUSPENSION OR LIMITATION ON VISITS,
SHALL BE CONDUCTED THROUGH AN APPEALS HEARING, WHICH SHALL TAKE PLACE
WITHIN TWO WEEKS OF THE SUSPENSION UNLESS THE VISITOR AND/OR THEIR
LAWYER REQUESTS AN EXTENSION. LEGAL REPRESENTATION SHALL BE PERMITTED
THROUGHOUT THE ENTIRETY OF THE APPEALS PROCESS.
7. MEDICAL EXEMPTIONS. IF A VISITOR OR EMPLOYEE HAS A MEDICAL CONDI-
TION THAT EXEMPTS THEM FROM UTILIZING THE BODY SCANNER FOR HEALTH
REASONS, THE VISITOR OR EMPLOYEE MAY PRESENT DOCUMENTATION FROM A
LICENSED MEDICAL PROVIDER TO THE DEPARTMENT'S CENTRAL OFFICE OR LOCAL
CORRECTIONAL FACILITY ADMINISTRATION TO BE DOCUMENTED PRIOR TO THEIR
ATTEMPTED ENTRANCE. IF, AT THE TIME OF ATTEMPTED ENTRANCE, THE VISITOR
OR EMPLOYEE HAS NOT YET PRESENTED DOCUMENTATION TO THE DEPARTMENT OR
LOCAL CORRECTIONAL FACILITY ADMINISTRATION, THE VISITOR OR EMPLOYEE MAY
PRESENT SUCH DOCUMENTATION AT THE TIME OF THEIR VISIT AS A ONE-TIME
EXCEPTION AND SHALL SUBSEQUENTLY BE NOTIFIED OF THE REQUIREMENT TO
SUBMIT SUCH DOCUMENTATION TO THE DEPARTMENT OR LOCAL CORRECTIONAL FACIL-
ITY ADMINISTRATION. WHEN SUCH DOCUMENTATION IS PROVIDED, THE VISITOR OR
EMPLOYEE MAY UTILIZE ALTERNATIVE SEARCH METHODS AND SUCH VISITOR SHALL
BE PERMITTED A CONTACT VISIT AND SUCH EMPLOYEE SHALL BE PERMITTED
ENTRANCE TO THE FACILITY.
S. 9467 8
8. EMPLOYEE DISCIPLINE. IF, THROUGH THE APPEALS PROCESS, AN EMPLOYEE
IS FOUND TO HAVE WRONGFULLY OR UNFAIRLY DENIED VISITS OR CONTACT VISITS
TO A VISITOR OR ENTRY TO AN EMPLOYEE BASED ON A BODY SCAN MORE THAN
ONCE, SUCH EMPLOYEE SHALL BE TEMPORARILY REASSIGNED TO ANOTHER PART OF
THE FACILITY WHILE UNDERGOING UPDATED TRAINING ON BODY SCANNER READING
AND PROCESSING. ONCE TRAINING IS SUCCESSFULLY COMPLETED, THE EMPLOYEE
MAY BE REASSIGNED TO PROCESSING VISITS. IF AN EMPLOYEE IS FOUND TO HAVE
ENGAGED IN A PATTERN OF WRONGFULLY OR UNFAIRLY DENYING VISITS TO A VISI-
TOR OR ENTRY TO AN EMPLOYEE BASED ON A BODY SCAN, SUCH EMPLOYEE SHALL BE
PERMANENTLY REASSIGNED FROM VISITOR PROCESSING SCREENING AND SHALL BE
SUBJECT TO DISCIPLINE FOR MISCONDUCT.
9. DATA AND REPORTING. THE DEPARTMENT AND ANY LOCAL CORRECTIONAL
FACILITIES THAT UTILIZE BODY SCANNERS SHALL SUBMIT A BIANNUAL REPORT TO
THE STATE COMMISSION OF CORRECTION, THE TEMPORARY PRESIDENT OF THE
SENATE, AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL BE SUBMITTED
WITHIN SIX MONTHS AFTER THE INITIAL DATE OF REGISTRATION OF BODY SCANNER
EQUIPMENT WITH THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY, AND EVERY
SIX MONTHS THEREAFTER, AND SHALL CONTAIN THE FOLLOWING INFORMATION AS TO
EACH SUCH FACILITY:
(A) THE NUMBER OF TIMES BODY IMAGING SCANNING EQUIPMENT WAS USED ON
INCARCERATED INDIVIDUALS, EMPLOYEES, AND VISITORS;
(B) FOR EACH CATEGORY OF PERSON (INCARCERATED INDIVIDUAL, EMPLOYEE,
VISITOR), THE NUMBER OF TIMES THE USE OF THE EQUIPMENT DETECTED THE
PRESENCE OF DRUG CONTRABAND, WEAPON CONTRABAND, AND ANY OTHER ILLEGAL OR
IMPERMISSIBLE OBJECT OR SUBSTANCE AS WELL AS THE NUMBER OF TIMES THE USE
OF AN ALTERNATIVE SEARCH METHOD DETECTED THE PRESENCE OF DRUG CONTRA-
BAND, WEAPON CONTRABAND, AND ANY OTHER ILLEGAL OR IMPERMISSIBLE OBJECT
OR SUBSTANCE, AND A BREAKDOWN OF WHAT CONTRABAND ITEMS WERE IDENTIFIED
AND RECOVERED;
(C) THE NUMBER OF EMPLOYEES SUBJECTED TO DISCIPLINE OR CRIMINAL CHARG-
ES AS A RESULT OF ANY SUCH SEARCH METHODS AND THE RESULTS OF ANY SUCH
DISCIPLINARY OR CRIMINAL PROCEEDINGS OR ACTIONS, INCLUDING WHETHER ANY
EMPLOYEE HAS BEEN TERMINATED FROM EMPLOYMENT;
(D) INCIDENTS OR ANY INJURIES OR ILLNESS RESULTING FROM THE USE OF
SUCH EQUIPMENT OR REPORTED BY PERSONS SCANNED BY SUCH EQUIPMENT;
(E) THE NUMBER OF APPEALS FILED FOR DENIALS OF VISITS OR CONTACT
VISITS, THE OUTCOMES OF APPEALS PROCEEDINGS, AND THE LENGTH OF TIME
BETWEEN A VISITOR SUSPENSION AND COMPLETION OF AN APPEALS PROCEEDING;
(F) THE NUMBER OF TIMES A SUPERVISOR IS CONSULTED FOR A SECOND OPINION
ON A BODY SCAN;
(G) THE NUMBER OF TIMES THE RADIOLOGIST IS CONSULTED ON A BODY SCAN,
AND THE OUTCOME OF EACH CONSULTATION;
(H) THE NUMBER OF EMPLOYEES PER FACILITY WHO WERE REQUIRED TO RE-TRAIN
PURSUANT TO THIS SECTION; AND
(I) ANY OTHER INFORMATION THE DEPARTMENT OR LOCAL CORRECTIONAL FACILI-
TY MAY REASONABLY REQUIRE.
10. LAW TO BE POSTED. A COPY OF THIS LAW SHALL BE CONSPICUOUSLY POST-
ED ON THE DEPARTMENT'S AND LOCAL CORRECTIONAL FACILITY'S WEBSITE AND IN
THE VISITOR PROCESSING AREA OF EACH CORRECTIONAL FACILITY AND SHALL BE
VISIBLE TO VISITORS AND STAFF AT ALL TIMES IN MULTIPLE LANGUAGES.
§ 3. This act shall take effect on the sixtieth 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.
