BILL NUMBER: S7728
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 subparagraph (i) of paragraph (a) of subdivision 6 of
section 3502 of the Public Health Law, to allow licensed practitioners,
individuals licensed under the relevant article, and certain unlicensed
personnel at local correctional facilities to operate body imaging scan-
ners that use ionizing radiation. The use of such equipment is permitted
for screening incarcerated individuals and visitors as part of the
facility's security program, provided it complies with applicable regu-
lations.
Section 2: Sets effective date.
 
JUSTIFICATION:
Correctional facilities across New York State are facing a surge in
slashings carried out by incarcerated individuals using ceramic craft
blades smuggled in as contraband. These blades, commonly designed to fit
into small Exacto knives or similar tools, are easily concealed in
clothing or on the body, undetectable by metal detectors and too small
to be found during standard pat frisks-yet still capable of inflicting
serious harm. The New York City Department of Corrections (NYC DOC) has
struggled to stop these attacks, in part due to the lack of reliable
detection methods short of invasive and impractical full-body strip
searches.
In response, the NYC DOC acquired five used TSA body scanners that
utilize ionizing radiation machines previously deployed in major
airports, which were replaced due to concerns over passenger privacy.
These ionizing scanners are uniquely capable of detecting small, non-me-
tallic items such as ceramic blades, as well as weapons made of titanium
and plastic that elude both magnetometers and manual searches. When in
use, the scanners not only detected contraband effectively but also
served as a deterrent, reducing the presence of weapons in the facili-
ties. Several other county jails in New York have also adopted these
scanners.
Although these machines emit low levels of ionizing radiation-comparable
to the exposure from about 10 minutes of air travel-they were banned
from use in jails in 2014 due to a provision in State public health law
limiting such exposure to licensed medical purposes. A change in that
law is necessary to allow for their use in correctional settings. The
European Union bans these scanners out of caution regarding cancer
risks, though TSA and industry experts maintain that the exposure is
minimal and safe.
Recognizing the need to balance safety with health risks, this bill
includes strong oversight requirements: use of the scanners will be
monitored by the NYC Department of Health and Mental Hygiene, or the
State Department of Health for counties outside New York City. These
agencies will ensure that exposure is limited, adolescents are only
scanned under exceptional circumstances, and pregnant individuals are
exempt entirely.
While the potential long-term risk of radiation exposure warrants
caution, especially given the high cancer rates in the U.S., this must
be weighed against the immediate and ongoing threat of violence in
correctional facilities. The scanners provide a critical tool for
protecting both staff and incarcerated individuals from the serious harm
posed by hidden weapons. As the 2023-2024 State Budget authorized the
use of these scanners in state correctional facilities, this bill
extends that authority to local facilities, where the need is equally
urgent.
 
LEGISLATIVE HISTORY:
Senate
2021: N/A
2022: S9611, Referred to Rules
2023: S4501B, Passed Senate
2024: S4501B, Passed Senate
Assembly 2021: N/A
2022: A10465, Referred to Correction
2023: A8990A, Referred to Correction
2024: A8990A, Amend and Recommit 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 of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.

Statutes affected:
S7728: 3502 public health law, 3502(6) public health law