N.Y. Comp. Codes R. & Regs. tit. 9 § 7640.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 7640.4 - Body imaging scanning of incarcerated individuals

(a) Incarcerated individuals may be searched utilizing body imaging scanning equipment in the following circumstances:

(1) upon admission to a correctional facility;

(2) when subject to a drug or special watch;

(3) when involved in an assault or other significant facility incident;

(4) during a facility-wide or random individual search;

(5) prior to exiting and upon returning to a facility;

(6) at the conclusion of a contact visit; or

(7) when other means of searching an incarcerated individual provide a basis to believe the individual is in possession of contraband.

(b) Alternative methods of screening may be used to accommodate incarcerated individuals who decline or are unable to be screened by body imaging scanning equipment for diagnosed medical reasons. No incarcerated individual shall be subjected to any form of harassment, intimidation or disciplinary action 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, an incarcerated individual may be screened by body imaging scanning equipment, despite declining such screening for reasons other than pregnancy or diagnosed medical reasons, where security considerations warrant.

(d) Any determination to utilize body imaging scanning equipment following an incarcerated individual'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 § 7640.4

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