ny-CVS-27-26-00010-P: Use of body imaging scanning equipment

I.D. No. CVS-27-26-00010-P. Final rule as compared with last published rule: No changes. Text of rule and any required statements and analyses may be obtained from: Jennifer Paul, NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email: commops@cs.ny.gov Assessment of Public Comment The agency received no public comment. State Commission of Correction PROPOSED RULE MAKING NO HEARING(S) SCHEDULED Use of Body Imaging Scanning Equipment I.D. No. CMC-40-26-00002-P PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following proposed rule: Rule MakingActivities Proposed Action: Addition of Parts 7307 and 7430 to Title 9 NYCRR. Statutory authority: Correction Law, section 45(6), (15); Public Health Law, section 3502(6)(a)(iii) Subject: Use of body imaging scanning equipment. Purpose: To establish regulations for the use of body imaging scanning equipment in secure juvenile detention, SSD and OCFS facilities. Text of proposed rule: A new Part 7307 of Title 9 is added to read as follows: Part 7307 Use of body imaging scanning equipment. § 7307.1 Policy. The purpose of this Part shall be to ensure that body imaging scanning equipment is used in facilities to prevent the entry of contraband, in a manner that ensures for the safety and security of both youth and facility staff. § 7307.2 Definitions. As used in this Part, the following definitions shall apply to the terms listed below: (a) Body imaging scanning equipment shall mean equipment that utilizes a low dose of ionizing radiation to produce an anatomical image capable of detecting objects placed on, attached to, or secreted within a person’s body. (b) Department shall mean the New York State Department of Health. (c) Facility shall mean a secure juvenile detention facility or a special- ized secure juvenile detention facility for older youth. (d) Visitor shall mean a person entering a facility with the intent of visiting a youth, but shall not include an attorney acting in a professional capacity and authorized to practice law in New York State or in any juris- diction where the youth has a legal action, proceeding or other legal mat- ter pending, or any individual with the statutory authority to visit, at plea- sure, any such facility within the State. (e) Youth shall mean a juvenile offender, as that term is defined in Crim- inal Procedure Law section 1.20(42), an adolescent offender, as that term is defined in Criminal Procedure Law section 1.20(44), or a juvenile de- linquent, as that term is defined in Family Court Act section 301.2, that has been placed, committed or sentenced to a facility. § 7307.3 General use of body imaging scanning equipment. (a) The director shall ensure that the installation, registration, recordkeeping, maintenance, operation and inspection of any body imag- ing scanning equipment utilized in a facility shall comply with the regula- tory requirements promulgated by