N.Y. Comp. Codes R. & Regs. tit. 9 § 7640.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 7640.5 - Body imaging scanning of visitors

(a) Visitors may be searched utilizing body imaging scanning equipment when entering a facility to visit an incarcerated individual or participating in the Family Reunion Program.

(b) Alternative methods of screening may be used to accommodate visitors who decline or are unable to be screened by body imaging scanning equipment for diagnosed medical reasons. No visitor shall be subjected to any form of harassment or intimidation for choosing to be searched by an alternative method of screening in lieu of body imaging scanning.

(c) Notwithstanding the provisions of subdivision (b) of this section, a visitor may be required to submit to screening by body imaging scanning equipment, despite declining such screening for reasons other than pregnancy or diagnosed medical reasons, where security considerations warrant. Ensuing declination by the visitor to screening by body imaging scanning equipment shall constitute grounds to deny the visitation.

(d) Any determination to require screening by body imaging scanning equipment following a visitor's declination, pursuant to subdivision (c) of this section, shall be made by the watch commander, or facility staff member of higher rank, in writing, and shall state the specific facts and reasons underlying the determination.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7640.5

Adopted New York State Register January 10, 2024/Volume XLVI, Issue 2, eff. 1/10/2024