A 5888: Relates to the use of body scanners in correctional facilities by both visitors and incarcerated individuals.

  
  STATE OF NEW YORK ________________________________________________________________________ 5888 2025-2026 Regular Sessions  IN ASSEMBLY February 24, 2025 ___________ Introduced by M. of A. BLANKENBUSH -- read once and referred to the Committee on Health 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: 1 Section 1. The correction law is amended by adding a new section 138-b 2 to read as follows: 3 § 138-b. Body imaging scanners. 1. Every correctional facility shall 4 require all visitors of such correctional facility to be scanned by body 5 imaging scanning equipment in accordance with subdivision six of section 6 thirty-five hundred two of the public health law before entering such 7 correctional facility. 8 2. All incarcerated individuals shall be scanned by body imaging scan- 9 ning equipment in accordance with subdivision six of section thirty-five 10 hundred two of the public health law upon intake into the facility and 11 following any visitation. 12 3. For purposes of this section "body imaging scanning equipment" 13 shall have the same meaning as defined in paragraph (d) of subdivision 14 six of section thirty-five hundred two of the public health law. 15 § 2. Subparagraph (iii) of paragraph (a) of subdivision 6 of section 16 3502 of the public health law, as amended by section 1 of part LL of 17 chapter 56 of the laws of 2023, is amended to read as follows. 18 (iii) The utilization of such body imaging scanning equipment shall be 19 in accordance with regulations promulgated by the department, or for 20 local correctional facilities in cities having a population of two 21 million or more, such utilization shall be in accordance with regu- 22 lations promulgated by the New York city department of health and mental 23 hygiene. The state commission of correction, in consultation with the 24 department of corrections and community supervision, shall promulgate 25 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. LBD08858-01-5 
 A. 5888 2 1 used to screen visitors and incarcerated individuals in state correc- 2 tional facilities. Such regulations shall include provisions establish- 3 ing that alternative methods of screening may be used to accommodate 4 individuals who [decline or] are unable to be screened by body imaging 5 scanning equipment for medical reasons [and that alternative methods of 6 screening may be used to accommodate individuals who decline to be 7 screened for other reasons, unless security considerations warrant 8 otherwise. Such regulations shall also ensure that no person shall be 9 subjected to any form of harassment, intimidation, or disciplinary 10 action for choosing to be searched by an alternative method of screening 11 in lieu of body imaging scanning]. Nothing in this section shall prohib- 12 it the department from denying visitation to any person who declines for 13 reasons other than medical reasons. 14 § 3. This act shall take effect immediately; provided, however, the 15 amendments to subdivision 6 of section 3502 of the public health law as 16 made by section two of this act shall not affect the repeal of such 17 subdivision and shall be deemed repealed therewith.