Relates to the use of body scanners in correctional facilities by both visitors and incarcerated individuals.
Summary
S04422 would require the use of body imaging scanners in New York correctional facilities for two groups: all visitors before entering a facility, and all incarcerated individuals upon intake and after any visitation. The bill adds a new section to the Correction Law directing facilities to use body scanners in accordance with existing Public Health Law standards, and it also amends the Public Health Law to direct the State Commission of Correction, in consultation with the Department of Corrections and Community Supervision, to adopt regulations governing when scanners must be used in state facilities.
The bill preserves the existing framework for medical accommodations by requiring alternative screening methods for people who cannot be scanned for medical reasons. It also clarifies that the department may deny visitation to a person who refuses scanning for non-medical reasons. The measure is intended to standardize screening practices in correctional settings and expand scanner use to both visitors and incarcerated individuals, while leaving room for regulatory implementation and medical exceptions.
Impact
The bill would amend both the Correction Law and the Public Health Law, creating a new statutory mandate for body imaging screening at correctional facilities and directing state regulators to establish implementation rules. It would affect state correctional facilities, visitors, incarcerated individuals, and the agencies responsible for correctional oversight and public health regulation, while also preserving the ability to use alternative screening methods for medical accommodations and to deny visitation when a person refuses scanning for non-medical reasons.
Sentiment
The available record shows no committee transcript or vote history, so there is no documented floor or committee debate to gauge formal support or opposition. Based on the bill text, the measure appears to reflect a security-focused approach to contraband prevention and facility screening, with an emphasis on mandatory scanning and regulatory clarity. The inclusion of medical exceptions suggests an effort to balance security with health-related accommodations.
Contention
The main point of potential contention is the mandatory scanning of all visitors and incarcerated individuals, which may raise privacy, dignity, operational, and access-to-visitation concerns. Another likely issue is the bill’s treatment of refusals: it allows denial of visitation for non-medical refusals, while requiring alternative screening only for medical reasons. Any debate would likely center on whether the scanner requirement is sufficiently flexible, how alternative screening should work, and how much discretion correctional officials should have in enforcing the rule.
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.