NY State Senate Bill 2023-S4501B

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2024	referred to correction delivered to assembly passed senate
May 20, 2024	advanced to third reading
May 16, 2024	2nd report cal.
May 15, 2024	1st report cal.1170
Feb 23, 2024	print number 4501b
Feb 23, 2024	amend and recommit to health
Jan 03, 2024	referred to health returned to senate died in assembly
Jun 06, 2023	referred to correction delivered to assembly passed senate
Jun 01, 2023	ordered to third reading cal.1478 committee discharged and committed to rules
May 24, 2023	print number 4501a
May 24, 2023	amend (t) and recommit to health
Feb 09, 2023	referred to health

Votes

- May 30, 2024 - Floor Vote
  S4501B
  
  56
  
  Aye
  
  1
  
  Nay
  
  1
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2024
      
      aye (56)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Martinez
      
      absent (1)
      
      Sanders Jr.
      
      excused (4)
      
      Felder
      
      Myrie
      
      Thomas
      
      Walczyk
  Jun 6, 2023 - Floor Vote
  S4501B
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Martinez
      
      excused (1)
      
      Felder
  Jun 1, 2023 - Rules Committee Vote
  S4501B
  
  17
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2023
      
      aye (17)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Helming
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (4)
      
      Griffo
      
      Lanza
      
      Ortt
      
      Stec
  May 15, 2024 - Health Committee Vote
  S4501B
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 15, 2024
      
      aye (15)
      
      Ashby
      
      Brouk
      
      Felder
      
      Gallivan
      
      Hoylman-Sigal
      
      Mannion
      
      Martins
      
      May
      
      Myrie
      
      Rhoads
      
      Rivera
      
      Salazar
      
      Stec
      
      Thomas
      
      Webb

Bill Amendments

Original

B (Active)

2023-S4501 - Details

See Assembly Version of this Bill:: A8990
Current Committee:: Assembly Correction
Law Section:: Public Health Law
Laws Affected:: Amd §3502, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S9611, A10465

2023-S4501 - Summary

Authorizes the use of body imaging scanning equipment in local correctional facilities for the screening of visitors and staff in addition to incarcerated individuals.

2023-S4501 - Sponsor Memo

                                 
BILL NUMBER: S4501

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public health law, in relation to body imaging scan-
ning equipment; and providing for the repeal of such provisions upon
expiration thereof

 
PURPOSE:

Would permit the non-medical use of low dosage ionizing radiation on
incarcerated individuals in local correctional facilities.

 
SUMMARY OF PROVISIONS:

Section 1: amends section 3502 of the public health law by adding a new
subdivision 6.

Section 2: Sets effective date.

JUSTIFICATION:

Correctional facilities across the state are experiencing an epidemic of
slashings by incarcerated individuals who obtain ceramic craft blades as
contraband. The blades, which are widely sold to fit into small Exacto
knives or comparable cutting tools, are easily hidden on the body or in
clothing and are not found by metal detectors. They are small enough to
avoid detection during a pat frisk but large enough to inflict consider-
able damage on other incarcerated . NYC DOC has been unable to stop the
slashings, in part because it does not have any reliable way to find the
blades short of full body cavity strip searches, an invasive and time-
consuming method that is not practical or desirable on a daily or
routine basis.

The NYC Department of Correction obtained five used TSA ionizing radi-
ation body scanners, formerly employed in major airports around the
country, to scan incarcerated individuals for contraband. The TSA
stopped using them in most large airports because of passenger privacy
concerns and switched to a different kind of non-ionizing scanner that
can only detect larger objects, like guns and bomb-making equipment, but
that cannot detect small items like the ceramic blades. The ionizing
body scanners were effective in finding contraband hidden in incarcerat-
ed individuals' bodies or in their clothing, including ceramic blades.
Several other county jails in the state also purchased ionizing body
scanners from the TSA. The NYC Board of Correction, which currently
includes two medical doctors known for their advocacy of prisoner
rights, strongly supports the use of the body scanners to ensure the
safety of staff and incarcerated individuals.

Besides ceramic blades, the body scanners can detect weapons made of
titanium and plastic which cannot be easily found in pat frisks and are
undetectable by magnometers.

During the period when the body scanners were in operation, the use of
the scanners appeared to act as a deterrent, discouraging incarcerated
individuals from carrying weapons of any kind.


In 2014, the State Commission of Correction halted the use of ionizing
radiation body scanners in jails because State public health law only
permits exposure to such radiation for medical purposes by licensed
radiation technicians. In order to resume the use of the body scanners
in correctional settings, a change of public health law was needed.

There is a small risk of cancer from exposure to ionizing radiation.
The scanners are banned in the EU because of the associated cancer risk.
The TSA and industry groups maintain that the scanners are safe, emit-
ting less radiation than is experienced in approximately 10 minutes of
commercial air flight. However, because any radiation exposure is poten-
tially dangerous, this bill includes oversight of correctional usage of
body scanners by the NYC Department of Health and Mental Hygiene or, for
counties outside of New York City, the State Department of Health to
make sure that individual adult incarcerated individual exposure is
minimal, that adolescents cents are only exposed to radiation under
exceptional circumstances and that pregnant women are excluded from
scanning.

Exposure to additional ionizing radiation should be taken seriously
given the high rates of cancer experienced in this country. However, in
light of the endemic violence at correctional facilities across NYS and
the increasing use of ceramic blades as weapons among the incarcerated
individual population, it is important to safeguard staff and incarcer-
ated individuals from the immediate and widespread threat of slashing,
as opposed to a remote and unlikely threat of cancer caused by such body
scanners, particularly since jail incarcerated individuals are only in
the correctional setting for relatively short periods of time and there-
fore should not be subject to long term radiation exposure.

 
LEGISLATIVE HISTORY:

Senate

2022: S9611, Referred to Rules

Assembly

2022: A10465, Referred to Correction

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day after it
shall have become a law, provided that, effective immediately, the addi-
tion, amendment, and/or repeal of any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized and directed to be completed on or before such effective date and,
provided further, that and this act shall expire and be deemed repealed
five years after such effective date.

2023-S4501 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4501
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to body imaging scan-
   ning equipment; and providing for the repeal of such  provisions  upon
   expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3502 of the public health law is amended by  adding
 a new subdivision 7 to read as follows:
   7. (A) (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  CORRECTIONAL FACILITY MAY, IN A MANNER PERMITTED BY THE
 REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION, UTILIZE BODY IMAG-
 ING SCANNING EQUIPMENT THAT APPLIES IONIZING  RADIATION  TO  HUMANS  FOR
 PURPOSES OF SCREENING INCARCERATED INDIVIDUALS COMMITTED TO SUCH FACILI-
 TY,  IN  CONNECTION  WITH THE IMPLEMENTATION OF SUCH FACILITY'S SECURITY
 PROGRAM.
   (II) THE UTILIZATION OF SUCH BODY IMAGING SCANNING EQUIPMENT SHALL  BE
 IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT.
   (B)  PRIOR TO ESTABLISHING, MAINTAINING OR OPERATING IN A 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 OTHER-
 WISE APPLICABLE REQUIREMENTS FOR THE INSTALLATION, REGISTRATION, MAINTE-
 NANCE, OPERATION AND INSPECTION OF BODY IMAGING SCANNING EQUIPMENT.
   (C) THE REGULATIONS PROMULGATED PURSUANT TO SUBPARAGRAPH (II) OF PARA-
 GRAPH (A) 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 CORRECTIONAL FACILITIES SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01611-01-3
 S. 4501                             2

 
 HAVE SUCCESSFULLY COMPLETED A TRAINING COURSE APPROVED BY THE DEPARTMENT
 AND THAT SUCH PERSONNEL RECEIVE ADDITIONAL TRAINING ON AN ANNUAL BASIS;
   (II) LIMITATIONS ON EXPOSURE WHICH SHALL BE NO MORE THAN FIFTY PERCENT
 OF  THE ANNUAL EXPOSURE LIMITS FOR NON-RADIATION WORKERS AS SPECIFIED BY
 APPLICABLE REGULATIONS, EXCEPT THAT INCARCERATED INDIVIDUALS  UNDER  THE
 AGE  OF  EIGHTEEN SHALL NOT BE SUBJECT TO MORE THAN FIVE PERCENT OF SUCH
 ANNUAL EXPOSURE LIMITS, AND PREGNANT WOMEN SHALL NOT BE SUBJECT TO  SUCH
 SCANNING AT ANY TIME. PROCEDURES FOR IDENTIFYING PREGNANT WOMEN SHALL BE
 SET FORTH IN THE REGULATIONS;
   (III)  REGISTRATION  WITH THE DEPARTMENT OF EACH BODY IMAGING SCANNING
 MACHINE PURCHASED OR INSTALLED AT A CORRECTIONAL FACILITY;
   (IV) INSPECTION AND REGULAR REVIEWS OF THE USE OF BODY  IMAGING  SCAN-
 NING EQUIPMENT BY THE DEPARTMENT, AS APPLICABLE; AND
   (V)  A  REQUIREMENT  THAT  RECORDS  BE KEPT REGARDING EACH USE OF BODY
 IMAGING SCANNING EQUIPMENT BY THE CORRECTIONAL FACILITY.
   (D) FOR THE PURPOSE OF THIS SUBDIVISION, "BODY IMAGING SCANNING EQUIP-
 MENT" OR "EQUIPMENT" MEANS EQUIPMENT THAT UTILIZES A LOW DOSE OF  IONIZ-
 ING  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,  "CORRECTIONAL  FACILITY"
 SHALL  HAVE THE SAME MEANING AS FOUND IN SUBDIVISION FOUR OF SECTION TWO
 OF THE CORRECTION LAW.
   (F) THE DEPARTMENT  OF  CORRECTIONS  SHALL  SUBMIT  AN  ANNUAL  REPORT
 REGARDING  THE UTILIZATION OF BODY IMAGING SCANNING EQUIPMENT IN CORREC-
 TIONAL FACILITIES TO THE DEPARTMENT, THE SPEAKER OF  THE  ASSEMBLY,  AND
 THE  TEMPORARY  PRESIDENT  OF THE SENATE. SUCH REPORT 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) THE NUMBER OF TIMES THE EQUIPMENT WAS USED ON  INCARCERATED  INDI-
 VIDUALS UPON INTAKE, AFTER VISITS, AND UPON THE SUSPICION OF CONTRABAND,
 AS WELL AS ANY OTHER EVENT THAT TRIGGERS THE USE OF SUCH EQUIPMENT;
   (II)  THE  AVERAGE,  MEDIAN, AND HIGHEST NUMBER OF TIMES THE EQUIPMENT
 WAS USED ON ANY INCARCERATED  INDIVIDUAL,  WITH  CORRESPONDING  EXPOSURE
 LEVELS;
   (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. This act shall take effect on the one hundred twentieth day after
 it shall have become a law and shall expire and be deemed repealed  five
 years  after  such  effective date. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.

2023-S4501A - Details

See Assembly Version of this Bill:: A8990
Current Committee:: Assembly Correction
Law Section:: Public Health Law
Laws Affected:: Amd §3502, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S9611, A10465

2023-S4501A - Summary

Authorizes the use of body imaging scanning equipment in local correctional facilities for the screening of visitors and staff in addition to incarcerated individuals.

2023-S4501A - Sponsor Memo

                                 
BILL NUMBER: S4501A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public health law, in relation to the use of body
imaging scanning equipment in local correctional facilities

 
PURPOSE:

Would permit the non-medical use of low dosage ionizing radiation on
Incarcerated individuals, employees and visitors in local correctional
facilities.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 3502 of the public health law by adding a new
subdivision 6. Sets forth regulations.

Section 2: Amends section 3502 of the public health law.

Section 3:  Sets effective date.

 
JUSTIFICATION:

Correctional facilities across the state are experiencing an epidemic of
slashings by incarcerated individuals who obtain ceramic craft blades as
contraband. The blades, which are widely sold to fit into small Exacto
knives or comparable cutting tools, are easily hidden on the body or in
clothing and are not found by metal detectors. They are small enough to
avoid detection during a pat frisk but large enough to inflict consider-
able damage on other incarcerated. NYC DOC has been unable to stop the
slashings, in part because it does not have any reliable way to find the
blades short of full body cavity strip searches, an invasive and time-
consuming method that is not practical or desirable on a daily or
routine basis.

The NYC Department of Correction obtained five used TSA ionizing radi-
ation body scanners, formerly employed in major airports around the
country, to scan incarcerated individuals for contraband. The TSA
stopped using them in most large airports because of passenger privacy
concerns and switched to a different kind of non-ionizing scanner that
can only detect larger objects, like guns and bomb-making equipment, but
that cannot detect small items like the ceramic blades. The ionizing
body scanners were effective in finding contraband hidden in incarcerat-
ed individuals' bodies or in their clothing, including ceramic blades.
Several other county jails in the state also purchased ionizing body
scanners from the TSA. The NYC Board of Correction, which currently
includes two medical doctors known for their advocacy of prisoner
rights, strongly supports the use of the body scanners to ensure the
safety of staff and incarcerated individuals.

Besides ceramic blades, the body scanners can detect weapons made of
titanium and plastic which cannot be easily found in pat frisks and are
undetectable by magnometers.

During the period when the body scanners were in operation, the use of
the scanners appeared to act as a deterrent, discouraging incarcerated
individuals from carrying weapons of any kind.
In 2014, the State Commission of Correction halted the use of ionizing
radiation body scanners in jails because State public health law only
permits exposure to such radiation for medical purposes by licensed
radiation technicians. In order to resume the use of the body scanners
in correctional settings, a change of public health law was needed.

There is a small risk of cancer from exposure to ionizing radiation.
The scanners are banned in the EU because of the associated cancer risk.
The TSA and industry groups maintain that the scanners are safe, emit-
ting less radiation than is experienced in approximately 10 minutes of
commercial air flight. However, because any radiation exposure is poten-
tially dangerous, this bill includes oversight of correctional usage of
body scanners by the NYC Department of Health and Mental Hygiene or, for
counties outside of New York City, the State Department of Health to
make sure that individual adult incarcerated individual exposure is
minimal, that adolescents cents are only exposed to radiation under
exceptional circumstances and that pregnant women are excluded from
scanning.

Exposure to additional ionizing radiation should be taken seriously
given the high rates of cancer experienced in this country. However, in
light of the endemic violence at correctional facilities across NYS and
the increasing use of ceramic blades as weapons among the incarcerated
individual population, it is important to safeguard staff and incarcer-
ated individuals from the immediate and widespread threat of slashing,
as opposed to a remote and unlikely threat of cancer caused by such body
scanners, particularly since jail incarcerated individuals are only in
the correctional setting for relatively short periods of time and there-
fore should not be subject to long term radiation exposure.

 
LEGISLATIVE HISTORY:

Senate

2022: S9611, Referred to Rules

Assembly

2022: A10465, Referred to Correction

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day after it
shall have become a law, provided that, effective immediately, the addi-
tion, amendment, and/or repeal of any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized and directed to be completed on or before such effective date and,
provided further, that and this act shall expire and be deemed repealed
five years after such effective date.

2023-S4501A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4501--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the public health law, in relation to the use of body
   imaging scanning equipment in local correctional facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subparagraphs (ii) and (iii) of paragraph (a) of  subdivi-
 sion 6 of section 3502 of the public health law, as amended by section 1
 of part LL of chapter 56 of the laws of 2023, are  amended  to  read  as
 follows:
   (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 OR 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 individuals detained in, committed
 to, visiting, or employed in  such  facility,  in  connection  with  the
 implementation of such facility's security program.
   (iii) The utilization of such body imaging scanning equipment shall be
 in  accordance  with  regulations  promulgated by the department, or for
 local correctional facilities in  cities  having  a  population  of  two
 million  or  more,  such  utilization  shall be in accordance with regu-
 lations 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 and incarcerated individuals in state OR LOCAL
 correctional  facilities.  Such  regulations  shall  include  provisions
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01611-02-3

 S. 4501--A                          2
 
 establishing that alternative methods of screening may be used to accom-
 modate  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
 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,  intimidation, or disciplinary
 action for choosing to be searched by an alternative 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
 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.
   §  2.  Subparagraph  (i) of paragraph  (f) of subdivision 6 of section
 3502 of the public health law, as amended by section 1  of  part  LL  of
 chapter 56 of the laws of 2023, is amended to read as follows:
   (i)  For local correctional facilities, the number of times the equip-
 ment was used on [incarcerated] individuals [upon intake, after visits,]
 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 [incarcerated]
 individual DETAINED IN, COMMITTED TO, WORKING IN, OR VISITING THE FACIL-
 ITY, with corresponding exposure levels; and
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as  section 1 of part LL of chapter 56 of the laws of 2023 takes
 effect; provided however,  that  the  amendments  to  subdivision  6  of
 section  3502 of the public health law made  by  sections one and two of
 this act shall not affect the repeal of such subdivision and   shall  be
 deemed  repealed  therewith. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this  act on its effective date are authorized to be made and
 completed on or before such effective date.

co-Sponsors

2023-S4501B (ACTIVE) - Details

See Assembly Version of this Bill:: A8990
Current Committee:: Assembly Correction
Law Section:: Public Health Law
Laws Affected:: Amd §3502, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S9611, A10465

2023-S4501B (ACTIVE) - Summary

Authorizes the use of body imaging scanning equipment in local correctional facilities for the screening of visitors and staff in addition to incarcerated individuals.

2023-S4501B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4501B

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public health law, in relation to the use of body
imaging scanning equipment in local correctional facilities

 
PURPOSE:

Would permit the non-medical use of low dosage ionizing radiation on
Incarcerated individuals, employees and visitors in local correctional
facilities.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 3502 of the public health law by adding a new
subdivision 6. Sets forth regulations.

Section 2: Amends section 3502 of the public health law. Section 3:
Sets effective date.

 
JUSTIFICATION:

Correctional facilities across the state are experiencing an epidemic of
slashings by incarcerated individuals who obtain ceramic craft blades as
contraband. The blades, which are widely sold to fit into small Exacto
knives or comparable cutting tools, are easily hidden on the body or in
clothing and are not found by metal detectors. They are small enough to
avoid detection during a pat frisk but large enough to inflict consider-
able damage on other incarcerated. NYC DOC has been unable to stop the
slashings, in part because it does not have any reliable way to find the
blades short of full body cavity strip searches, an invasive and time-
consuming method that is not practical or desirable on a daily or
routine basis.

The NYC Department of Correction obtained five used TSA ionizing radi-
ation body scanners, formerly employed in major airports around the
country, to scan incarcerated individuals for contraband. The TSA
stopped using them in most large airports because of passenger privacy
concerns and switched to a different kind of non-ionizing scanner that
can only detect larger objects, like guns and bomb-making equipment, but
that cannot detect small items like the ceramic blades. The ionizing
body scanners were effective in finding contraband hidden in incarcerat-
ed individuals' bodies or in their clothing, including ceramic blades.
Several other county jails in the state also purchased ionizing body
scanners from the TSA. The NYC Board of Correction, which currently
includes two medical doctors known for their advocacy of prisoner
rights, strongly supports the use of the body scanners to ensure the
safety of staff and incarcerated individuals.

Besides ceramic blades, the body scanners can detect weapons made of
titanium and plastic which cannot be easily found in pat frisks and are
undetectable by magnometers. During the period when the body scanners
were in operation, the use of the scanners appeared to act as a deter-
rent, discouraging incarcerated individuals from carrying weapons of any
kind.


In 2014, the State Commission of Correction halted the use of ionizing
radiation body scanners in jails because State public health law only
permits exposure to such radiation for medical purposes by licensed
radiation technicians. In order to resume the use of the body scanners
in correctional settings, a change of public health law was needed.

There is a small risk of cancer from exposure to ionizing radiation.
The scanners are banned in the EU because of the associated cancer risk.
The TSA and industry groups maintain that the scanners are safe, emit-
ting less radiation than is experienced in approximately 10 minutes of
commercial air flight. However, because any radiation exposure is poten-
tially dangerous, this bill includes oversight of correctional usage of
body scanners by the NYC Department of Health and Mental Hygiene or, for
counties outside of New York City, the State Department of Health to
make sure that individual adult incarcerated individual exposure is
minimal, that adolescents cents are only exposed to radiation under
exceptional circumstances and that pregnant women are excluded from
scanning.

Exposure to additional ionizing radiation should be taken seriously
given the high rates of cancer experienced in this country. However, in
light of the endemic violence at correctional facilities across NYS and
the increasing use of ceramic blades as weapons among the incarcerated
individual population, it is important to safeguard staff and incarcer-
ated individuals from the immediate and widespread threat of slashing,
as opposed to a remote and unlikely threat of cancer caused by such body
scanners, particularly since jail incarcerated individuals are only in
the correctional setting for relatively short periods of time and there-
fore should not be subject to long term radiation exposure.

The 2023-24 FY year state budget enacted the authorization of thse body
scanners in state correctional facilities. This bill will allow the
scanners to also be used in local correctional facilities, where they
are just as needed.

 
LEGISLATIVE HISTORY:

Senate

2022: S9611, Referred to Rules

Assembly

2022: A10465, Referred to Correction

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that the
amendments to subdivision 6 of section 3502 of the public health law
made by sections one and two of this act shall not affect the repeal of
such subdivision and shall be deemed repealed therewith. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.

2023-S4501B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4501--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Health in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the public health law, in relation to the use of body
   imaging scanning equipment in local correctional facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subparagraphs (ii) and (iii) of paragraph (a) of  subdivi-
 sion 6 of section 3502 of the public health law, as amended by section 1
 of part LL of chapter 56 of the laws of 2023, are  amended  to  read  as
 follows:
   (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 OR 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 individuals detained in, committed
 to, visiting, or employed in  such  facility,  in  connection  with  the
 implementation of such facility's security program.
   (iii) The utilization of such body imaging scanning equipment shall be
 in  accordance  with  regulations  promulgated by the department, or for
 local correctional facilities in  cities  having  a  population  of  two
 million  or  more,  such  utilization  shall be in accordance with regu-
 lations 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01611-04-4

 S. 4501--B                          2
 
 used  to  screen visitors and incarcerated individuals in state OR LOCAL
 correctional  facilities.  Such  regulations  shall  include  provisions
 establishing that alternative methods of screening may be used to accom-
 modate  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
 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,  intimidation, or disciplinary
 action for choosing to be searched by an alternative 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
 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.
   §  2.  Subparagraph  (i) of paragraph  (f) of subdivision 6 of section
 3502 of the public health law, as amended by section 1  of  part  LL  of
 chapter 56 of the laws of 2023, is amended to read as follows:
   (i)  For local correctional facilities, the number of times the equip-
 ment was used on [incarcerated] individuals [upon intake, after visits,]
 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 [incarcerated]
 individual DETAINED IN, COMMITTED TO, WORKING IN, OR VISITING THE FACIL-
 ITY, with corresponding exposure levels; and
   § 3. This act shall take effect immediately;  provided  however,  that
 the amendments to subdivision 6 of section 3502 of the public health law
 made   by   sections one and two of this act shall not affect the repeal
 of such subdivision and  shall be deemed repealed  therewith.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation  of this  act on  its  effective
 date are authorized to be made and completed on or before such effective
 date.

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Senate Bill S4501B

Sponsored By

Current Bill Status - In Assembly Committee

May 30, 2024 - Floor Vote

Floor Vote: May 30, 2024

Jun 6, 2023 - Floor Vote

Floor Vote: Jun 6, 2023

Jun 1, 2023 - Rules Committee Vote

Rules Committee Vote: Jun 1, 2023

May 15, 2024 - Health Committee Vote

Health Committee Vote: May 15, 2024

Bill Amendments

2023-S4501 - Details

2023-S4501 - Summary

2023-S4501 - Sponsor Memo

2023-S4501 - Bill Text download pdf

2023-S4501A - Details

2023-S4501A - Summary

2023-S4501A - Sponsor Memo

2023-S4501A - Bill Text download pdf

co-Sponsors

2023-S4501B (ACTIVE) - Details

2023-S4501B (ACTIVE) - Summary

2023-S4501B (ACTIVE) - Sponsor Memo

2023-S4501B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4501B

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Sponsored By

James Skoufis

Current Bill Status - In Assembly Committee

Bill Amendments

2023-S4501 - Details

2023-S4501 - Summary

2023-S4501 - Sponsor Memo

2023-S4501 - Bill Text download pdf

2023-S4501A - Details

2023-S4501A - Summary

2023-S4501A - Sponsor Memo

2023-S4501A - Bill Text download pdf

co-Sponsors

Leroy Comrie

2023-S4501B (ACTIVE) - Details

2023-S4501B (ACTIVE) - Summary

2023-S4501B (ACTIVE) - Sponsor Memo

2023-S4501B (ACTIVE) - Bill Text download pdf

Comments