ny-CMC-40-26-00002-P: 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 the department. (b) The director shall ensure that any facility staff member, prior to operating body imaging scanning equipment, shall have successfully completed a training course approved by the department and additional training on an annual basis. (c) An individual known to be pregnant shall not be subject to body imaging scanning equipment at any time. (d) Procedures for identifying pregnant individuals shall be imple- mented by the director, consistent with applicable department reg