S 9467: Establishes procedures to be followed when the body scan of an incarcerated individual, employee or visitor to a correctional facility displays alleged abnormalities; requires staff discipline for staff who have wrongfully denied visitation to a visitor or entry to an employee based on a body scan; requires the collection and reporting of certain information relating to visitation and entry denials based on body scans; requires such law to be posted in visitor processing areas of correctional facilities.

  
  STATE OF NEW YORK ________________________________________________________________________ 9467  IN SENATE March 16, 2026 ___________ Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the correction law, in relation to body scanner procedures for employees and visitors at state and local correctional facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 3502 of the public health law, as 2 added by chapter 313 of the laws of 2018, subparagraph (i) of paragraph 3 (a) as amended by chapter 486 of the laws of 2022, and subparagraphs 4 (ii) and (iii) of paragraph (a), paragraph (b), subparagraphs (i), (ii), 5 (iii), and (v) of paragraph (c), paragraph (e), and the opening para- 6 graph and subparagraphs (i) and (ii) of paragraph (f) as amended by 7 section 1 of part LL of chapter 56 of the laws of 2023, is amended to 8 read as follows: 9 6. (a) For the purpose of this subdivision: 10 (i) "Body imaging scanning equipment", "equipment", and "body scan- 11 ners" shall be equivalent and shall mean equipment that utilizes a low 12 dose of ionizing radiation to produce an anatomical image capable of 13 detecting objects placed on, attached to or secreted within a person's 14 body. 15 (ii) "Local correctional facility" shall have the same meaning as 16 found in subdivision sixteen of section two of the correction law, and 17 shall be applicable in this section to facilities that utilize body 18 scanners. 19 (iii) "State correctional facility" shall mean a "correctional facili- 20 ty" as defined in subdivision four of section two of the correction law. 21 (iv) "Employee" shall mean any person who works in any capacity in a 22 state correctional facility regardless of the identity of their employ- 23 er, or any person who has a work-related reason to enter a local correc- 24 tional facility. 25 (v)"Alternative search method" shall mean any procedure used to search 26 an individual that has not already been utilized on such individual with 27 regard to the individual's intended entry into a local correctional EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13689-05-6 
 S. 9467 2 1 facility or state correctional facility on any particular occasion. 2 "Alternative search method" shall include, but not be limited to, body 3 scanners, metal detectors, pat frisks, and canine searches. 4 (b) (i) Notwithstanding the provisions of this section or any other 5 provision of law, rule or regulation to the contrary, licensed practi- 6 tioners, persons licensed under this article and unlicensed personnel 7 employed at a local correctional facility may, in a manner permitted by 8 the regulations promulgated pursuant to this subdivision, utilize body 9 imaging scanning equipment that applies ionizing radiation to humans for 10 purposes of screening all individuals who seek to enter such facility 11 and all incarcerated individuals detained in or committed to such facil- 12 ity, in [connection with] furtherance of the implementation of such 13 facility's security program. 14 (ii) Notwithstanding the provisions of this section or any other 15 provision of law, rule or regulation to the contrary, licensed practi- 16 tioners, persons licensed under this article and unlicensed personnel 17 employed at a state correctional facility may, in a manner permitted by 18 the regulations promulgated pursuant to this subdivision, utilize body 19 imaging scanning equipment that applies ionizing radiation to humans for 20 purposes of screening all individuals who seek to enter such facility 21 and all individuals detained in[,] or committed to[, visiting, or 22 employed in] such facility, in [connection with] furtherance of the 23 implementation of such facility's security program. 24 (iii) The utilization of such body imaging scanning equipment shall be 25 in accordance with the provisions set forth in this section, and regu- 26 lations promulgated by the department of corrections and community 27 supervision, or for local correctional facilities in cities having a 28 population of two million or more, such utilization shall be in accord- 29 ance with the provisions set forth in this section and regulations 30 promulgated by the New York city department of health and mental 31 hygiene. The state commission of correction, in consultation with the 32 department of corrections and community supervision, shall promulgate 33 regulations establishing when body imaging scanning equipment will be 34 used to screen [visitors] all individuals who seek to enter state 35 correctional facilities, and incarcerated individuals in state correc- 36 tional facilities. Such regulations shall include provisions establish- 37 ing that: (A) alternative methods of screening may be used to accommo- 38 date individuals who [decline or] are unable to be screened by body 39 imaging scanning equipment for medical reasons and that alternative 40 methods of screening may be used to accommodate individuals who 41 [decline] are unable to be screened for other reasons[, unless security 42 considerations warrant otherwise. Such regulations shall also ensure 43 that no person shall be subjected to any form of harassment, intim- 44 idation, or disciplinary action for choosing to be searched by an alter- 45 native method of screening in lieu of body imaging scanning. 46 The department of corrections and community supervision shall promul- 47 gate regulations establishing when body imaging scanning equipment will 48 be used to screen employees of the department of corrections and commu- 49 nity supervision, provided, however that such regulations shall be 50 consistent with the policies and procedures of the department of 51 corrections and community supervision governing the search of employees. 52 Such regulations shall include provisions establishing that alternative 53 methods of screening may be used to accommodate individuals who decline 54 or are unable to be screened by body imaging scanning equipment for 55 medical or other reasons. Such regulations shall also ensure that no 56 person shall be subjected to any form of harassment, intimidation, or 
 S. 9467 3 1 disciplinary action for choosing to be searched by an alternative method 2 of screening in lieu of body imaging scanning. An employee's request to 3 be searched by an alternative method of screening in lieu of body imag- 4 ing scanning shall not, in itself, be grounds for disciplinary action 5 against such employee]; (B) all employees shall be screened upon entry 6 to the facility by body imaging scanning or an alternative method of 7 screening; (C) the department of corrections and community supervision 8 and applicable local correctional facilities shall establish procedures 9 regarding the daily use of available screening methods, which shall 10 include a rotation of body scanners, metal detectors, pat frisks (with 11 written consent), and canine searches, and shall establish protocols for 12 which methods ought to be used for employees on various days at each 13 facility and which shall include an equal rotation of all methods. The 14 department of corrections and community supervision and local correc- 15 tional facility shall randomize the rotation on a weekly basis and shall 16 not publicize to employees in advance which method of screening will be 17 used on a particular day; (D) if any employee fails their security 18 screening and contraband is recovered, or refuses to utilize the search 19 method assigned to them by the department of corrections and community 20 supervision or local correctional facility, such employee shall not be 21 permitted to enter the facility and shall be subject to discipline; (E) 22 if an employee fails their security screening and contraband is recov- 23 ered, or refuses to utilize the search method assigned to them by the 24 department of corrections and community supervision or local correction- 25 al facility, the department of corrections and community supervision or 26 local correctional facility shall ensure that the duties of the absent 27 employee are performed for the absent employee's shift and establish 28 steps to be taken upon the refusal or failure to pass the security 29 screening. 30 [(b)] (c) Prior to establishing, maintaining or operating in a state 31 or local correctional facility, any body imaging scanning equipment, the 32 chief administrative officer of the facility shall ensure that such 33 facility is in compliance with the regulations promulgated pursuant to 34 this subdivision and otherwise applicable requirements for the installa- 35 tion, registration, maintenance, operation and inspection of body imag- 36 ing scanning equipment. 37 [(c)] (d) The regulations promulgated pursuant to subparagraph [(ii)] 38 (iii) of paragraph [(a)] (b) of this subdivision shall include, but not 39 be limited to: 40 (i) A requirement that prior to operating body imaging scanning equip- 41 ment, unlicensed personnel employed at state or local correctional 42 facilities shall have successfully completed a training course approved 43 by the department, or for local correctional facilities in cities of two 44 million or more, approved by the New York city department of health and 45 mental hygiene, and that such personnel receive additional training on 46 an annual basis. All employees operating body scanners for the first six 47 months shall require a second opinion from a supervisor trained in body 48 scanners and the department of corrections and community supervision's 49 or local correctional facility's visiting policies before denying an 50 employee entrance to the facility, or before denying a visitor a contact 51 visit or denying a visit; 52 (ii) The department of corrections and community supervision shall 53 employ two full-time radiologists whose responsibilities shall be estab- 54 lished by the department of corrections and community supervision and 55 shall include, but not be limited to: (A) consulting with state facili- 56 ties who allege that a visitor or employee's body scan image displays 
 S. 9467 4 1 contraband to confirm or deny such allegation, (B) training employees 2 who are required to re-do their training under the provisions of this 3 law, and (C) making recommendations to the state department on how to 4 improve the use of body scans. 5 (iii) Limitations on exposure which shall be no more than fifty 6 percent of the annual exposure limits for non-radiation workers as spec- 7 ified by applicable regulations, except that individuals under the age 8 of eighteen [shall not be subject to more than five percent of such 9 annual exposure limits,] and pregnant [women] individuals shall not be 10 subject to such scanning at any time. Procedures for identifying preg- 11 nant [women] individuals shall be set forth in the regulations; 12 [(iii)] (iv) Registration with the department of each body imaging 13 scanning machine purchased or installed at a state or local correctional 14 facility; 15 [(iv)] (v) Inspection and regular reviews of the use of body imaging 16 scanning equipment by the department or the New York city department of 17 health and mental hygiene, as applicable; and 18 [(v)] (vi) A requirement that records be kept regarding each use of 19 body imaging scanning equipment by the state or local correctional 20 facility. 21 [(d) For the purpose of this subdivision, "body imaging scanning 22 equipment" or "equipment" means equipment that utilizes a low dose of 23 ionizing radiation to produce an anatomical image capable of detecting 24 objects placed on, attached to or secreted within a person's body. 25 (e) For the purposes of this subdivision: 26 (i) "Local correctional facility" shall have the same meaning as found 27 in subdivision sixteen of section two of the correction law. 28 (ii) "State correctional facility" shall mean a "correctional facili- 29 ty" as defined in subdivision four of section two of the correction law. 30 (f) Any local government agency that utilizes body imaging scanning 31 equipment in a local correctional facility under its jurisdiction shall 32 submit an annual report to the department, the speaker of the assembly, 33 and the temporary president of the senate. If body imaging scanning 34 equipment is utilized in one or more state correctional facilities, the 35 department of corrections and community supervision shall submit an 36 annual report to the department, the speaker of the assembly, and the 37 temporary president of the senate. Such report by either the local 38 government agency or the department of corrections and community super- 39 vision shall be submitted within eighteen months after the initial date 40 of registration of such equipment with the department, and annually 41 thereafter, and shall contain the following information as to each such 42 facility: 43 (i) For local correctional facilities, the number of times the equip- 44 ment was used on incarcerated individuals upon intake, after visits, and 45 upon the suspicion of contraband, as well as any other event that trig- 46 gers the use of such equipment, and the average, median, and highest 47 number of times the equipment was used on any incarcerated individual, 48 with corresponding exposure levels; and 49 (ii) For state correctional facilities, the number of times the equip- 50 ment was used on individuals detained in, committed to, working in, or 51 visiting the facility upon intake, before work shift, after work shift, 52 before visits, after visits, and upon the suspicion of contraband, as 53 well as any other event that triggers the use of such equipment, and the 54 average, median, and highest number of times the equipment was used on 55 any individual detained in, committed to, working in, or visiting the 56 facility, with corresponding exposure levels. 
 S. 9467 5 1 (iii) the number of times the use of the equipment detected the pres- 2 ence of drug contraband, weapon contraband, and any other illegal or 3 impermissible object or substance; 4 (iv) incidents or any injuries or illness resulting from the use of 5 such equipment or reported by persons scanned by such equipment; and 6 (v) any other information the department may reasonably require.] 7 § 2. The correction law is amended by adding a new section 138-c to 8 read as follows: 9 § 138-c. Body scanner procedures in state and local correctional 10 facilities. 1. Definitions. For the purposes of this section: 11 (a) "Local correctional facility" shall have the same meaning as 12 defined in subdivision sixteen of section two of this chapter. 13 (b) "State correctional facility" shall mean a "correctional facility" 14 as defined in subdivision four of section two of this chapter. 15 (c) "Employee" shall mean any person who works in any capacity in a 16 state correctional facility regardless of the identity of their employ- 17 er, or any person who has a work-related reason to enter a local correc- 18 tional facility. 19 (d) "Alternative search methods" means any procedure used to search an 20 individual that has not already been utilized on such individual with 21 regard to the individual's intended entry into a local correctional 22 facility or state correctional facility on any particular occasion. 23 "Alternative search method" includes, but is not limited to, body scan- 24 ners, metal detectors, pat frisks (which shall require written consent), 25 and/or canine searches (which shall not be utilized for individuals 26 under the age of eighteen). 27 (e) "Menstrual product" means sanitary napkins, tampons, menstrual 28 discs, and menstrual cups. 29 (f) "Contraceptive device" means intrauterine devices (IUDs) and 30 contraceptive implants. 31 (g) "Unremovable religious item" means headwear, clothing, or jewelry 32 that is against one's religious beliefs to remove from their person. 33 (h) "High-level employee" means the superintendent of the facility, 34 facility administrative staff, sergeants, and lieutenants. 35 (i) "Contact visit" means on-site in-person visiting without the pres- 36 ence of physical barriers including glass, plexiglass dividers, walls, 37 or any other barrier between the incarcerated individual and their visi- 38 tor or visitors. Visits classified as contact visits allow for physical 39 contact such as hand holding, hugs, and children being able to sit on 40 their parents' lap during the visit. 41 (j) "Non-contact visit" means a visit between an incarcerated indi- 42 vidual and a visitor in which there is a physical barrier and no phys- 43 ical contact is permitted. 44 (k) "Body imaging scanning equipment", "equipment", and "body scan- 45 ners" shall be equivalent and shall mean equipment that utilizes a low 46 dose of ionizing radiation to produce an anatomical image capable of 47 detecting objects placed on, attached to or secreted within a person's 48 body. 49 2. Search conduct. Body scanner and pat frisk searches shall be 50 conducted by a staff member of the same gender as the visitor or employ- 51 ee. If a search by a staff member of the same gender is not possible 52 due to staffing capacity, the visitor or employee shall be offered an 53 alternative search method. If the visitor clears an alternative search 54 method, the visitor shall be permitted a contact visit and if the 55 employee clears an alternative search method, the employee shall be 56 permitted to enter the facility. 
 S. 9467 6 1 3. Recording of searches. In state correctional facilities, and local 2 correctional facilities with body-worn and/or stationary cameras, all 3 visitor and employee processing, including body scans and alternative 4 search methods, shall be recorded with video and audio via activated 5 body-worn cameras and/or stationary cameras. The department and applica- 6 ble local correctional facilities shall preserve recordings of such 7 body-worn and stationary cameras for at least ninety days or until a 8 filed appeal is resolved. 9 4. Broken or malfunctioning body scanners. If a body scanner is broken 10 or not functioning properly, alternative search methods shall be 11 utilized. If a visitor clears alternative search methods, the visitor 12 shall be permitted a contact visit and if an employee clears an alterna- 13 tive search method, the employee shall be permitted to enter the facili- 14 ty. In no instance shall the malfunctioning or damaged body scanner 15 result in facility-wide cancelling of visits or defaulting to non-con- 16 tact visits. 17 5. If a visitor or employee reaches the radiation exposure limits, 18 such visitor or employee shall utilize alternative search methods. If 19 the visitor clears alternative search methods, they shall be permitted a 20 contact visit. If the employee clears alternative search methods, they 21 shall be permitted to enter the facility. In no instance shall reaching 22 the radiation exposure limits result in the cancelling of visits or 23 defaulting to non-contact visits. Visitors and employees shall be noti- 24 fied at least two scans prior that they are approaching their radiation 25 exposure limit. 26 6. Visitor body scanner procedures. If an employee of the department 27 or local correctional facility alleges that a visitor's body scan image 28 displays an alleged abnormality, the following procedures shall be 29 followed in the following order: 30 (a) If the body scan of a visitor indicates an alleged abnormality, 31 the visitor shall be informed where on their person the image is 32 displaying such alleged abnormality, and the visitor shall be given the 33 opportunity to address or remove such abnormality or any object that may 34 wrongfully appear as an abnormality, unless the alleged abnormality on 35 the scan is referring to a menstrual product, contraceptive device, 36 medical implant or surgically necessary item, or unremovable religious 37 item. 38 (b) Whether or not the visitor had an item to remove, if the visitor 39 insists there is no contraband on their person, the visitor shall be 40 given the opportunity to go through the body scanner a second time and 41 shall be permitted a contact visit if the scan no longer indicates an 42 alleged abnormality. 43 (c) If the employee reviewing the scan determines that the scan still 44 indicates an alleged abnormality, but the visitor insists that they do 45 not have contraband on their person, a trained high-level employee shall 46 be required to immediately review the scans and the visitor shall be 47 provided the opportunity to be interviewed by the high-level employee 48 conducting the review. If a visitor provides a reasonable explanation 49 for the abnormality appearing on the scan, and if no contraband is 50 recovered, the visitor shall utilize alternative search methods. If the 51 visitor passes the alternative search methods, a contact visit shall be 52 permitted, where applicable. For the purposes of this paragraph, 53 "reasonable explanations" shall include, but not be limited to, menstru- 54 al products, contraceptive or other medical devices, unremovable reli- 55 gious items, surgical or injury scars/scar tissue, and body markings, 56 such as beauty marks or tattoos. 
 S. 9467 7 1 (d) If the department employee and supervisor determine that the scan 2 is showing an alleged abnormality, but the visitor is unable to provide 3 a reasonable explanation for the alleged anomaly and insists they do not 4 have contraband on their person, the department shall contact the 5 on-call radiologist for consultation within thirty minutes, and the 6 final determination on whether or not the scan indicates an abnormality 7 shall be made by the radiologist as quickly as possible and not later 8 than ninety minutes after the initial call. If the radiologist deter- 9 mines that the scan indicates alleged contraband and a reasonable expla- 10 nation is not provided by the visitor, the visit may be suspended for 11 that day. If the radiologist determines that there is no abnormality on 12 the scan, the visitor shall be permitted a contact visit. 13 (i) If the on-call radiologist is consulted, the supervisor shall 14 contact the radiologist directly and away from the visitor processing 15 area so as not to impede or decelerate the processing of other visitors. 16 (ii) If the on-call radiologist is not available within ninety minutes 17 of the initial call for any reason, and for local correctional facili- 18 ties without a radiologist, the visitor may utilize an alternative 19 search method. If the visitor utilizes alternative search methods and 20 there is an alleged abnormality, but no contraband has been recovered, a 21 non-contact visit shall be permitted. If contraband is recovered, the 22 visit may be denied. 23 (e) If contraband is recovered, or if a contact visit is denied for 24 any other reason after protocols outlined in this section have been 25 followed, the facility shall immediately provide a written notice to the 26 visitor while such visitor is onsite and to the incarcerated individual 27 whom the visitor was attempting to visit stating the reason for denying 28 the contact visit, and, if applicable, where on the body any contraband 29 was found. 30 (f) Video footage of the interaction taken by stationary or body-worn 31 cameras and a copy of the body scan image shall be available at the 32 request of the visitor and/or their lawyer if the visitor wishes to 33 appeal the decision or appeal any additional suspension or limitation on 34 visits. Such video footage shall be made available upon request within 35 one week of the request by the visitor and/or their lawyer. All 36 appeals, despite the length of the suspension or limitation on visits, 37 shall be conducted through an appeals hearing, which shall take place 38 within two weeks of the suspension unless the visitor and/or their 39 lawyer requests an extension. Legal representation shall be permitted 40 throughout the entirety of the appeals process. 41 7. Medical exemptions. If a visitor or employee has a medical condi- 42 tion that exempts them from utilizing the body scanner for health 43 reasons, the visitor or employee may present documentation from a 44 licensed medical provider to the department's central office or local 45 correctional facility administration to be documented prior to their 46 attempted entrance. If, at the time of attempted entrance, the visitor 47 or employee has not yet presented documentation to the department or 48 local correctional facility administration, the visitor or employee may 49 present such documentation at the time of their visit as a one-time 50 exception and shall subsequently be notified of the requirement to 51 submit such documentation to the department or local correctional facil- 52 ity administration. When such documentation is provided, the visitor or 53 employee may utilize alternative search methods and such visitor shall 54 be permitted a contact visit and such employee shall be permitted 55 entrance to the facility. 
 S. 9467 8 1 8. Employee discipline. If, through the appeals process, an employee 2 is found to have wrongfully or unfairly denied visits or contact visits 3 to a visitor or entry to an employee based on a body scan more than 4 once, such employee shall be temporarily reassigned to another part of 5 the facility while undergoing updated training on body scanner reading 6 and processing. Once training is successfully completed, the employee 7 may be reassigned to processing visits. If an employee is found to have 8 engaged in a pattern of wrongfully or unfairly denying visits to a visi- 9 tor or entry to an employee based on a body scan, such employee shall be 10 permanently reassigned from visitor processing screening and shall be 11 subject to discipline for misconduct. 12 9. Data and reporting. The department and any local correctional 13 facilities that utilize body scanners shall submit a biannual report to 14 the state commission of correction, the temporary president of the 15 senate, and the speaker of the assembly. Such report shall be submitted 16 within six months after the initial date of registration of body scanner 17 equipment with the department or local correctional facility, and every 18 six months thereafter, and shall contain the following information as to 19 each such facility: 20 (a) the number of times body imaging scanning equipment was used on 21 incarcerated individuals, employees, and visitors; 22 (b) for each category of person (incarcerated individual, employee, 23 visitor), the number of times the use of the equipment detected the 24 presence of drug contraband, weapon contraband, and any other illegal or 25 impermissible object or substance as well as the number of times the use 26 of an alternative search method detected the presence of drug contra- 27 band, weapon contraband, and any other illegal or impermissible object 28 or substance, and a breakdown of what contraband items were identified 29 and recovered; 30 (c) the number of employees subjected to discipline or criminal charg- 31 es as a result of any such search methods and the results of any such 32 disciplinary or criminal proceedings or actions, including whether any 33 employee has been terminated from employment; 34 (d) incidents or any injuries or illness resulting from the use of 35 such equipment or reported by persons scanned by such equipment; 36 (e) the number of appeals filed for denials of visits or contact 37 visits, the outcomes of appeals proceedings, and the length of time 38 between a visitor suspension and completion of an appeals proceeding; 39 (f) the number of times a supervisor is consulted for a second opinion 40 on a body scan; 41 (g) the number of times the radiologist is consulted on a body scan, 42 and the outcome of each consultation; 43 (h) the number of employees per facility who were required to re-train 44 pursuant to this section; and 45 (i) any other information the department or local correctional facili- 46 ty may reasonably require. 47 10. Law to be posted. A copy of this law shall be conspicuously post- 48 ed on the department's and local correctional facility's website and in 49 the visitor processing area of each correctional facility and shall be 50 visible to visitors and staff at all times in multiple languages. 51 § 3. This act shall take effect on the sixtieth day after it shall 52 have become a law; provided, however that the amendments to subdivision 53 6 of section 3502 of the public health law made by section one of this 54 act shall not affect the repeal of such subdivision and shall be deemed 55 repealed therewith.