Relates to the use of body scanners in local correctional facilities

3 Co-sponsors

• Patrick M. Gallivan
• Phil Boyle
• Kathleen A. Marchione

BILL NUMBER:S5828

Title of bill

An act to amend the public health law, in relation to the use of body scanners in local correctional facilities; and providing for the repeal of such provisions upon expiration thereof

Purpose

Would permit the use of low dosage ionizing radiation upon persons committed to local correctional facilities for the purpose of discovering contraband objects.

Summary of provisions

Adds a new Subdivision 6 to Section 3502 of the Public Health Law relating to the licensure of radiation technology personnel to permit persons in addition to radiation technologists to operate body scanners under certain conditions; require approval by either the state or the New York City health department as appropriate; require initial and annual reporting; and provide a 5 year sunset.

Justification

The introduction of dangerous contraband is a common concern within the correctional setting and puts both officers and inmates in harm's way. The use of body scanning equipment is critical in maintaining the safety and security of local correctional facilities. Evidence demonstrates that the use of body imaging scanning equipment to conduct searches for contraband can be performed in a safe manner.

In April of 2014 the State Commission on Correction issued a ruling that identified that body scanning devices then in use were not being operated in accordance with public health law relating to the use of ionizing radiation. However PHL Article 35 is written in contemplation of medical uses, applying variable levels of ionizing radiation, rather than the use of very low levels necessary for security purposes.

This legislation will allow NYC DOC and local correction facilities to resume using the devices once they have received approval from the New York State Department of Health or the New York City Department of Health and Mental Hygiene (DOHMH) of a plan or protocol governing their operation. Prior to resuming use, NYC DOC and local correctional facilities shall ensure that operators have successfully completed a training course approved by the Department or DOHMH.

NYC DOC is seeking the ability to use these devices for the detection of weapons made from materials such as titanium and plastic that are not detected through ordinary searches and magnometers. In addition, the equipment acts as a deterrent in discouraging inmates from carrying weapons, as inmates know that these devices are better able to detect small items.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately and sunset after five years.