BILL NUMBER: S3290

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to repeal subdivision 6 of section 3502 of the public health law
relating to the use of certain body imaging scanning equipment at local
correctional facilities

 
PURPOSE:

To repeal the use of body scanners in local jails due to health risks
and misuse.

 
SUMMARY OF SPECIFICATION PROVISIONS:

Section 1 repeals subdivision 6 of section 3502 of the public health
law.

Section 2 provides an effective date.

 
              

JUSTIFICATION:

Body scanners are devices that can detect items - both metal and non-me-
tal on a person's body without the need for clothing removal or physical
search. In a correctional setting, it is used to locate contraband that
metal detectors may not detect. However, concerns regarding radiation
exposure and other health risks, as well as, misuse of scanners and
resulting placement in "separation status," has brought into question
whether its use is appropriate in local jails.

Under current practice and pursuant to local regulations, upon intake, a
person is scanned for contraband. If a person yields a negative scan or
surrenders contraband following a positive scan, they are returned to a
suitable housing area. However, if an individual refuses scan, whether
there is a known presence of contraband or not, they are placed in
restraints and sent to a separation unit, where they can be held in an
isolated setting for upwards of 22 hours and only permitted to leave the
unit to shower. Further, a person's only recourse to report issues with
this process is to file a grievance after the fact through the Office of
Constituent Services (OCGS).

The January 2020 NYC Board of Correction (BOC) report, mandated by Chap-
ter 313 of 2018, which permitted the use of body scanners in jails,
recommended that BOC commence an immediate investigation into the misuse
of body scanners and implementation of a corrective action plan to
ensure the safe, fair, and effective use of body scanners and separation
status. Among other things, the report found that the lack of training
and compliance with minimum standards increased the risk of false posi-
tives, which increased the use of solitary confinement in "separation
status" and undermined the objective of effectively identifying contra-
band to maintain safety and order within the facilities.

Rikers, and other local jails, ability to utilize body scanners was not
issued by a grant of power, authorized and regulated by statute, but
through the removal of the requirement that body scanners be adminis-
tered by licensed medical personnel for a medical purpose.  This bill
would repeal the exception for use by jails that was granted by Chapter
313 of 2018, to ensure the proper use and operation of these machines.
In the future, if body scanners are to be utilized in jails and prisons,
such authority should be authorized by statute and administered and
regulated in a conforming manner across the State.

 
LEGISLATIVE HISTORY:

S6008 of 2021-22: Referred to Crime Victims, Crime and Correction.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediately.