BILL NUMBER: S2940

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the correction law, in relation to contraband screening
at correctional facilities

 
PURPOSE:

This bill would require the Commission of the Department of Corrections
and Community Supervision (DOCCS) to establish a contraband screening
plan in correctional facilities.

 
SUMMARY OF PROVISIONS:

Section 1: Section 112 of the Correction Law is amended to increase
security and restrict contraband from entering the correction facility.
It would require the Commissioner of (DOCCS) to establish a contraband
screening plan in prisons. The plan would require the use of canines at
the entrance of every correctional facility, mandate that a third-party
vendor secure mail program be established and that data regarding any
              

confiscation of contraband through the secure vendor program be provided
to the Legislature each year. It would allow electronic, imaging scan-
ning, pat down and visual searches of visitors, and the training of
staff on up to date contraband screening procedures. The Commissioner
would be required to provide a copy of the contraband screening plan to
the Legislature each year.

Section 2: Provides an immediate effective date.

 
JUSTIFICATION:

Contraband, whether drugs, weapons, drones, cash, or any other item
smuggled into our prisons puts everyone at risk and often leads to
fights among inmates and violent attacks on officers and staff.  Recent-
ly, there have been multiple incidents involving attacks on correction
officers and inmates as a result of this. Data collected indicates that
2017 marked the most violent year inside state prisons since 2007, which
is the year statistics began being recorded. In 2020, there were 3,952
incidences of contraband compared to 2,452 in 2011(61% increase).
Furthermore, assaults on staff statewide have risen from 563 incidents
in 2011 to 1,053 in 2020 (86% increase).

When looking at statistics, every metric tracked by DOCCS rose above the
previous year's numbers. These alarming statistics and the several inci-
dents over the past few years underscore the critical need for changes
to current protocols set forth by DOCCS.

In May 2017, after a large fight, officers found a drone, synthetic
marijuana, a drug that is also known as "spice" or "spike" and multiple
weapons inside Auburn Correctional Facility. In an attack at Five Points
Correctional Facility in Seneca County, a half dozen officers were
injured during several altercations with inmates inside a cell block. A
black ceramic scalpel was found during a search and taken as evidence.
The Elmira Correctional Facility has gone on lockdown on multiple occa-
sions. A woman tried to bring drugs to her brother, who is an inmate: at
the Franklin Correctional Facility in Malone, New York. Police say a K-9
smelled the drugs in her purse. They say synthetic marijuana, known as
K2, and Suboxone were both found. She was charged with promoting prison
contraband. At Orleans Correctional Facility, an inmate was saved after
overdosing on heroin. An investigation led to the discovery of 24 pack-
ets of heroin in one of the dorms. There are countless stories of failed
drug tests among inmates. One particular set of parents who have a son
in a correctional facility discussed how he cannot end his drug
addiction because he has constant access to drugs.

Procedures and policies must be updated to end this dire situation.
Increasing contraband screening of visitors to these facilities is a
good step to ensure drugs or objects that can be used as weapons do not
enter the institutions making them safer environments for both officers
and inmates.

 
LEGISLATIVE HISTORY:

2021-2022: S.2594A Referred to Crime Victims, Crime & Correction/A.5058A
referred to Correction

2019-20: S.162/A.6318 - Referred to Crime Victims, Crime & Correction

2017-18: S.7582-B/A.9885-A - Passed Senate

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.