Relates to the use of body scanners in correctional facilities by both visitors and incarcerated individuals.
Summary
This bill would require the use of body imaging scanners in correctional facilities for two groups: all visitors entering a facility and all incarcerated individuals upon intake and after any visitation. It amends the Correction Law to direct every correctional facility to scan visitors before entry and to scan incarcerated individuals at intake and after visits, using the same body imaging scanning equipment already defined in the Public Health Law.
The bill also revises the Public Health Law provisions governing how such scanners are used. It directs the State Commission of Correction, in consultation with the Department of Corrections and Community Supervision, to adopt regulations on when scanners must be used in state facilities, while preserving existing regulatory authority for local facilities in New York City. The bill keeps an exception for medical reasons, allowing alternative screening methods when a person cannot be scanned for medical reasons, and it expressly allows denial of visitation to people who refuse scanning for non-medical reasons.
Impact
The bill would expand and formalize mandatory body-scanner screening in correctional settings, affecting both state and local correctional facilities and the visitors and incarcerated individuals who enter them. It would amend the Correction Law to create a new section requiring scans at intake, after visitation, and before visitor entry, and it would modify the Public Health Law to align scanner-use regulations with those requirements. The measure would also preserve agency rulemaking authority over implementation and alternative screening procedures, while narrowing the circumstances under which a person may refuse scanning without consequence.
Sentiment
There is no recorded committee transcript or vote history in the provided materials, so the bill’s sentiment cannot be measured from formal debate or roll call. Based on the text, the bill appears to reflect a security-focused approach to correctional facility operations, with an emphasis on preventing contraband and standardizing screening procedures. At the same time, the inclusion of a medical accommodation and the removal of broader refusal protections suggest an intent to prioritize institutional security over visitor choice.
Contention
The main point of contention is likely the balance between correctional security and individual privacy or autonomy. The bill removes language that would have allowed alternative screening for people who decline scanning for non-medical reasons and would have prohibited harassment or discipline for choosing an alternative method, replacing it with a provision allowing denial of visitation for non-medical refusal. That change could draw concern from civil liberties advocates, family members of incarcerated people, and others who may view the scanners as intrusive or the refusal penalty as too harsh. Supporters would likely emphasize safety, contraband prevention, and uniform enforcement across facilities.
Authorizes the use of body imaging scanning equipment in local correctional facilities for the screening of visitors in addition to incarcerated individuals.
Increases the penalties for promoting prison contraband in the first and second degrees; requires that each state correctional facility use body imaging scanning for all incarcerated individuals and visitors entering such facility; requires state correctional facilities to use trained canines to screen for contraband at the entrance of each facility.
Establishes procedures to be followed when the body scan of an incarcerated individual, employee or visitor to a correctional facility displays alleged abnormalities; requires staff discipline for staff who have wrongfully denied visitation to a visitor or entry to an employee based on a body scan; requires the collection and reporting of certain information relating to visitation and entry denials based on body scans; requires such law to be posted in visitor processing areas of correctional facilities.
Establishes procedures to be followed when the body scan of an incarcerated individual, employee or visitor to a correctional facility displays alleged abnormalities; requires staff discipline for staff who have wrongfully denied visitation to a visitor or entry to an employee based on a body scan; requires the collection and reporting of certain information relating to visitation and entry denials based on body scans; requires such law to be posted in visitor processing areas of correctional facilities.
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.
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.
Relates to the health, safety and human rights of incarcerated pregnant individuals, incarcerated birthing parents and their children; requires the commissioner of corrections and community supervision to establish rules and regulations relating to conditions in institutions and correctional facilities and the treatment and care of birthing parents in such institutions and facilities.
Relates to the health, safety and human rights of incarcerated pregnant individuals, incarcerated birthing parents and their children; requires the commissioner of corrections and community supervision to establish rules and regulations relating to conditions in institutions and correctional facilities and the treatment and care of birthing parents in such institutions and facilities.