BILL NUMBER: S8963
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the public health law, in relation to authorizing body
scanner utilization in the office of children and family services
 
PURPOSE:
To authorize locally operated secure and specialized secure juvenile
detention and state-operated juvenile justice facilities to employ radi-
ological body scanner technology to screen individuals detained in or
committed to, visiting, or employed in such facilities for contraband.
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 6 of section 3502 of the public health
law, as added by chapter 313 of the laws of 2018, subparagraph (i) of
paragraph (a) as amended by chapter 486 of the laws of 2022 and subpara-
graphs (ii) and (iii) of paragraph (a), paragraph (b), subparagraphs
(i), (ii), (iii) and (v) of paragraph (c), paragraph (e) and the opening
paragraph and subparagraphs (i) and (ii) of paragraph (f) as amended by
section 1 of part LL of chapter 56 of the laws of 2023. This amendment
permits the Office of Children and Family Services to utilize existing
appropriations to acquire and deploy body scanners at facilities oper-
ated by the office.
Section 2: Sets the effective date and authorizes the repeal, addition,
or amendment of relevant rules and regulations.
 
JUSTIFICATION:
Recently, both State and locally-operated juvenile justice programs have
seen significant increases in incidents of dangerous contraband.
Despite staff training on contraband detection; routine searches of
staff belongings and areas; youth transport and intake searches; mail
checks; visitor entrance screenings; use of wands; metal detectors; and
body orifice security scanner (B.O.S.S.) chairs; personal, unit, and
room searches; and engaging local law enforcement to assist in contra-
band detection, dangerous contraband continues to find its way into
juvenile justice programs. This contraband poses a significant risk to
both youth and staff safety.
Over the past few years, the population in both detention and placement
facilities has significantly increased, with staffing unable to keep
pace. The lower staff-to-youth ratios create an increased risk of
contraband entering and remaining in facilities undetected. In the same
time period, both OCFS and locally-operated programs have seen increases
in incidents involving dangerous contraband, including weapons, drugs,
and cellular telephones. Some dangerous contraband can only be intro-
duced to a facility if staff facilitate its entry. There have been
several recent staff arrests at OCFS and locally-operated programs
resulting from staff introducing contraband to facilities for youth.
Juvenile justice programs are required to maintain the health and safety
of facility programs and need to employ a targeted and consistent inter-
vention. The utilization of radiological searches would assist in reduc-
ing the amount of dangerous contraband entering facilities and deter
both youth and staff from attempting to introduce it.
Currently, radiological searches must be conducted by a trained medical
professional in a medical office and with medical authorization. The
issue demands the use of a flexible technology with real-time, in-pro-
gram, immediate impact.Under current law, only local correctional facil-
ities and DOCCS facilities may use body imaging scanning equipment to
screen people for contraband without a medical purpose. This bill would
allow locally operated juvenile detention facilities certified by OCFS
and State juvenile justice facilities operated by OCFS to utilize body
scanning technology to screen for contraband. This would reduce the need
for more invasive physical searches and enhance safety for both staff
and youth who are detained or committed. Moreover, advancements in body
scanning technology expose individuals to a minimal amount of radiation
while still accomplishing contraband detection goals.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None; purchases of body scanners would be made from existing agency
appropriations. Cost savings are anticipated in reduced workers' compen-
sation claims; reduced medical costs for youth and staff injuries; lower
staff termination and disciplinary hearings costs; and reduction of the
need to employ local and State law enforcement agencies to respond to
suspicions of or actual contraband.
 
EFFECTIVE DATE:
This act shall take effect one hundred and twenty days after it shall
have become a law.