NY State Senate Bill 2025-S4422

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 04, 2025	referred to crime victims, crime and correction

co-Sponsors

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2025-S4422 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §138-b, Cor L; amd §3502, Pub Health L

2025-S4422 (ACTIVE) - Summary

Relates to the use of body scanners in correctional facilities by both visitors and incarcerated individuals.

2025-S4422 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4422

SPONSOR: STEC
 
TITLE OF BILL:

An act to amend the correction law and the public health law, in
relation to the use of body scanners at correctional facilities

 
PURPOSE:

To require the mandatory use of body scanners for all visitors and
inmates at state correctional facilities.

 
SUMMARY OF PROVISIONS:

Section 1 - Creates a new section 138-b to the corrections law which
would require the scanning of all visitors prior to entry into a state
correctional facility in accordance with subdivision six of section 3502
of the public health law. It would also require the scanning of all
incarcerated individuals prior to intake at a correctional facility and
following a visitation.

Section 2 - Amends subparagraph (iii) of paragraph (a) 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, to make the scanning of visi-
tors and incarcerated individuals in accordance with subdivision six of
section 3502 of the public health law.

Section 3 - Provides effective date.

 
JUSTIFICATION:

In January 2025, 20 employees at Upstate Correctional Facility received
medical attention, including the administration of NARCAN, following an
interaction with an incarcerated individual who was showing symptoms of
drug use.

This event highlighted a growing issue within New York state's prisons
centered on illicit compounds making their way into facilities, endan-
gering both staff and the state's incarcerated population.

Drug addiction is rampant among the state's inmate population. The state
Department of Correction and Community Supervision reported that,
between 3,075 incarcerated individuals enrolled in its addition treat-
ment program between Jan. 1, 2022 and Dec. 31, 2023.

Further, correction officers regularly report the presence of drugs that
have made their way into state prisons.

In the FY 2024 budget, the state appropriated funding for the installa-
tion of body scanners at every state facility. However, existing law
makes the use of the scanners voluntary for visitors, presenting an
additional avenue for the influx of illicit contraband.

This legislation would mandate the scanning of visitors, unless they
could show a legitimate medical condition that would make the use of the
technology a danger. It would also mandate that incarcerated individuals
be scanned prior to intake at a correctional facility and following a
visitation.
 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Nominal to the state

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, the amend-
ments to subdivision 6 of section 3502 of the public health law as made
by section two of this act shall not affect the repeal of such subdivi-
sion and shall be deemed repealed therewith.

2025-S4422 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4422
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend  the  correction  law  and  the public health law, in
   relation to the use of body scanners at correctional facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new section 138-b
 to read as follows:
   §  138-B.  BODY IMAGING SCANNERS. 1. EVERY CORRECTIONAL FACILITY SHALL
 REQUIRE ALL VISITORS OF SUCH CORRECTIONAL FACILITY TO BE SCANNED BY BODY
 IMAGING SCANNING EQUIPMENT IN ACCORDANCE WITH SUBDIVISION SIX OF SECTION
 THIRTY-FIVE HUNDRED TWO OF THE PUBLIC HEALTH LAW  BEFORE  ENTERING  SUCH
 CORRECTIONAL FACILITY.
   2. ALL INCARCERATED INDIVIDUALS SHALL BE SCANNED BY BODY IMAGING SCAN-
 NING EQUIPMENT IN ACCORDANCE WITH SUBDIVISION SIX OF SECTION THIRTY-FIVE
 HUNDRED  TWO  OF THE PUBLIC HEALTH LAW UPON INTAKE INTO THE FACILITY AND
 FOLLOWING ANY VISITATION.
   3. FOR PURPOSES OF THIS  SECTION  "BODY  IMAGING  SCANNING  EQUIPMENT"
 SHALL  HAVE  THE SAME MEANING AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION
 SIX OF SECTION THIRTY-FIVE HUNDRED TWO OF THE PUBLIC HEALTH LAW.
   § 2. Subparagraph (iii) of paragraph (a) 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08858-01-5

 S. 4422                             2
 
 regulations  establishing  when  body imaging scanning equipment will be
 used to screen visitors and incarcerated individuals  in  state  correc-
 tional  facilities. Such regulations shall include provisions establish-
 ing  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 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]. NOTHING IN THIS SECTION SHALL PROHIB-
 IT THE DEPARTMENT FROM DENYING VISITATION TO ANY PERSON WHO DECLINES FOR
 REASONS OTHER THAN MEDICAL REASONS.
   § 3. This act shall take effect immediately;  provided,  however,  the
 amendments  to subdivision 6 of section 3502 of the public health law as
 made by section two of this act shall not  affect  the  repeal  of  such
 subdivision and shall be deemed repealed therewith.

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Senate Bill S4422

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2025-S4422 (ACTIVE) - Details

2025-S4422 (ACTIVE) - Summary

2025-S4422 (ACTIVE) - Sponsor Memo

2025-S4422 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4422

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Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2025-S4422 (ACTIVE) - Details

2025-S4422 (ACTIVE) - Summary

2025-S4422 (ACTIVE) - Sponsor Memo

2025-S4422 (ACTIVE) - Bill Text download pdf

Comments