S 10584

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   10584
                             I N  S E N A T E
                               May 27, 2026
                                ___________
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 AN ACT to amend the correction law, in relation to visiting incarcerated
   individuals in state and local correctional facilities
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. The correction law is amended by adding a new article 9  to
 read as follows:
                                 ARTICLE 9
            VISITING IN STATE AND LOCAL CORRECTIONAL FACILITIES
 SECTION 220. DEFINITIONS.
         221. VISITING SCHEDULES.
         222. VISITOR PROCESSING TIMELINE.
         223. VISITING ROOM ACCESSIBILITY AND CONDITIONS.
         224. VISITING RIGHTS.
         225. RADIOLOGIST CONSULTANT.
         226. VISIT DENIALS, EXCEPTIONS AND ACCOMMODATIONS.
         227. BODY SCANNER PROCEDURES.
         228. VISITOR MEDICAL EXEMPTIONS.
         229. INCARCERATED INDIVIDUAL VISITING RIGHTS.
         230. INVESTIGATIONS AND APPEALS.
         231. VISIT SUSPENSIONS.
         232. EMPLOYEE TRAINING AND DISCIPLINE.
         233. EMERGENCIES; SUSPENSION OF VISITS.
         234. REPORTING.
         235. RIGHT TO BRING AN ACTION.
         236. LAW TO BE POSTED.
   § 220.  DEFINITIONS.  FOR  THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "VISITOR" MEANS A PERSON VISITING AN INCARCERATED INDIVIDUAL  IN  A
 NON-PROFESSIONAL CAPACITY, INCLUDING BUT NOT LIMITED TO A FAMILY MEMBER,
 FRIEND, OR ROMANTIC PARTNER.
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15915-04-6
 S. 10584                            2
   2.  "CONTACT VISIT" MEANS AN ON-SITE IN-PERSON VISIT WITHOUT THE PRES-
 ENCE OF PHYSICAL BARRIERS BETWEEN AN INCARCERATED INDIVIDUAL  AND  THEIR
 VISITORS.  CONTACT VISITS SHALL ALLOW FOR PHYSICAL CONTACT INCLUDING BUT
 NOT LIMITED TO HAND HOLDING, HUGGING, AND CHILDREN BEING ABLE TO SIT  ON
 THEIR  PARENTS'  LAP  DURING THE VISIT. CONTACT VISITS SHALL NOT INCLUDE
 INTERACTIONS THROUGH A TWO-WAY, AUDIO-VIDEO COMMUNICATION  DEVICE,  SUCH
 AS A COMPUTER.
   3. "NON-CONTACT VISIT" MEANS AN IN-PERSON VISIT WITH A PHYSICAL BARRI-
 ER  BETWEEN  AN INCARCERATED INDIVIDUAL AND THEIR VISITORS OR A VISIT IN
 WHICH NO PHYSICAL CONTACT  IS  ALLOWED.  NON-CONTACT  VISITS  SHALL  NOT
 INCLUDE   INTERACTIONS  THROUGH  A  TWO-WAY,  AUDIO-VIDEO  COMMUNICATION
 DEVICE, SUCH AS A COMPUTER.
   4. "VIDEO CALL" MEANS AN INTERACTION BETWEEN AN INCARCERATED  INDIVID-
 UAL AND A VISITOR THROUGH AN AUDIO-VISUAL COMMUNICATION DEVICE.
   5. "EMPLOYEE" MEANS ANY PERSON EMPLOYED BY THE DEPARTMENT OR A MUNICI-
 PALITY WHO WORKS IN ANY CAPACITY IN A STATE OR LOCAL CORRECTIONAL FACIL-
 ITY,  OR  ANY  PERSON  WHO  WORKS  IN ANY CAPACITY OR HAS A NON-PERSONAL
 REASON TO BE IN A STATE OR LOCAL CORRECTIONAL FACILITY REGARDLESS OF THE
 IDENTITY OF THEIR EMPLOYER.
   6. "STATE CORRECTIONAL  FACILITY"  SHALL  HAVE  THE  SAME  MEANING  AS
 "CORRECTIONAL FACILITY" AS DEFINED IN SUBDIVISION FOUR OF SECTION TWO OF
 THIS CHAPTER.
   7.  "MENSTRUAL  PRODUCT"  MEANS  A  SANITARY NAPKIN, TAMPON, MENSTRUAL
 DISC, OR MENSTRUAL CUP.
   8. "CONTRACEPTIVE  DEVICE"  MEANS  AN  INTRAUTERINE  DEVICE  (IUD)  OR
 CONTRACEPTIVE IMPLANT.
   9.  "UNREMOVABLE  RELIGIOUS ITEM" MEANS HEADWEAR, CLOTHING, OR JEWELRY
 THAT IS AGAINST ONE'S RELIGIOUS BELIEFS TO REMOVE FROM THEIR PERSON.
   10. "ALTERNATIVE SEARCH METHOD" MEANS ANY PROCEDURE USED TO SEARCH  AN
 INDIVIDUAL THAT HAS NOT ALREADY BEEN UTILIZED ON SUCH INDIVIDUAL REGARD-
 ING  THEIR  INTENDED  ENTRY INTO A STATE OR LOCAL CORRECTIONAL FACILITY,
 INCLUDING BUT NOT LIMITED TO USE OF A BODY SCANNER, METAL DETECTOR,  PAT
 DOWN  SEARCH,  OR CANINE SEARCH. ALL PAT DOWN SEARCHES FOR VISITORS, AND
 STRIP  SEARCHES  FOR  INCARCERATED  INDIVIDUALS  SHALL  REQUIRE  WRITTEN
 CONSENT FROM THE INDIVIDUAL BEING SEARCHED.
   11.  "BODY SCANNER" MEANS EQUIPMENT THAT UTILIZES A LOW DOSE OF IONIZ-
 ING RADIATION OR MILLIMETER WAVE  FREQUENCY  TO  PRODUCE  AN  ANATOMICAL
 IMAGE  CAPABLE  OF DETECTING OBJECTS OR MATERIALS PLACED ON, ATTACHED TO
 OR SECRETED WITHIN A PERSON'S BODY.
   12. "EMERGENCY" MEANS AN UNEXPECTED, EXTRAORDINARY SITUATION INVOLVING
 THE DETONATION OF AN EXPLOSIVE DEVICE, AN ACUTE  MASS  CONTAMINATION  OR
 PUBLIC  HEALTH  EMERGENCY, AN ONGOING VIOLENT RIOT, REVOLT, OR INSURREC-
 TION AFFECTING A LARGE NUMBER OF PEOPLE, OR OTHER SIMILAR  EMERGENCY  OF
 THE  SAME MAGNITUDE AND REQUIRING IMMEDIATE ACTION TO PROTECT THE SAFETY
 OF THOSE INVOLVED. A STAFFING SHORTAGE OR OTHER LACK OF STAFF SHALL  NOT
 CONSTITUTE AN EMERGENCY.
   13.  "HIGH-LEVEL EMPLOYEE" MEANS THE CORRECTIONAL FACILITY SUPERINTEN-
 DENT, SERGEANT, LIEUTENANT, FACILITY ADMINISTRATIVE EMPLOYEE, OR  FOR  A
 LOCAL CORRECTIONAL FACILITY, THE SHERIFF.
   §  221.  VISITING  SCHEDULES. 1. ALL FORENSIC MENTAL HEALTH FACILITIES
 SHALL ALLOW IN-PERSON CONTACT VISITS EVERY DAY OF THE WEEK, FOR MULTIPLE
 HOURS PER DAY.
   2. ALL STATE OR LOCAL CORRECTIONAL FACILITIES  SHALL  ALLOW  IN-PERSON
 CONTACT  VISITS  WITH  UP  TO  FOUR VISITORS AT A TIME, EVERY DAY OF THE
 WEEK, FOR AT LEAST SIX HOURS PER DAY AT STATE FACILITIES.
 S. 10584                            3
   3. VISITS AFTER SIX O'CLOCK IN THE EVENING SHALL BE MADE AVAILABLE  ON
 SATURDAYS, SUNDAYS, AND A MINIMUM OF TWO WEEKDAYS AT ALL STATE AND LOCAL
 CORRECTIONAL FACILITIES.
   4.  VISITORS  SHALL  BE PERMITTED TO REMAIN IN THE DESIGNATED VISITING
 AREA UP TO THE ENTIRETY OF VISITING HOURS FOR THAT FACILITY UNLESS SPACE
 DOES NOT PERMIT DUE TO THE NUMBER OF VISITORS VISITING THAT DAY.
   5. THE NUMBER, LENGTH, AND FREQUENCY OF VISITS BY EACH VISITOR MAY  BE
 LIMITED  ONLY AS NECESSARY TO ACCOMMODATE ALL VISITORS WHO ARRIVE DURING
 SCHEDULED VISITING TIMES.
   6. MULTIPLE SETS OF VISITORS SHALL BE PERMITTED TO VISIT AN  INCARCER-
 ATED  INDIVIDUAL  AT DIFFERENT TIMES ON THE SAME DAY AND A VISITOR SHALL
 BE PERMITTED TO VISIT MULTIPLE  INCARCERATED  INDIVIDUALS  AT  DIFFERENT
 TIMES ON THE SAME DAY.
   7. VISITORS WHO LEAVE A CORRECTIONAL FACILITY AFTER VISITING AN INCAR-
 CERATED  INDIVIDUAL  SHALL  BE  PERMITTED TO RETURN TO THE FACILITY THAT
 SAME DAY TO PARTICIPATE IN A  VISIT,  INCLUDING  WITH  EITHER  THE  SAME
 INCARCERATED  INDIVIDUAL  ORIGINALLY VISITED OR A DIFFERENT INCARCERATED
 INDIVIDUAL.
   8. ALL STATE AND LOCAL CORRECTIONAL FACILITIES SHALL ALLOW  VISITS  ON
 ALL STATE HOLIDAYS.
   9.  ALL VISITING SCHEDULES SHALL BE REGULARLY UPDATED ONLINE AND SHALL
 BE CLEARLY AND CONSPICUOUSLY POSTED IN  THE  VISITOR  PROCESSING  AREAS.
 CHANGES  TO  VISITING  SCHEDULES SHALL BE POSTED WITHIN ONE WEEK OF SUCH
 CHANGES BEING MADE.
   § 222. VISITOR PROCESSING  TIMELINE.  1.  EACH  CORRECTIONAL  FACILITY
 SHALL  PROCESS VISITORS AS EXPEDITIOUSLY AS POSSIBLE AND ENSURE THAT THE
 INCARCERATED INDIVIDUAL BEING VISITED AND THEIR VISITOR ARE ABLE  TO  BE
 TOGETHER STARTING WITHIN ONE HOUR OF THE VISITOR ARRIVING AT THE FACILI-
 TY WITHIN VISITING HOURS; PROVIDED, HOWEVER, THAT THE INCARCERATED INDI-
 VIDUAL  BEING  VISITED  MAY VOLUNTARILY CHOOSE TO TAKE MORE TIME TO COME
 FOR THE VISIT.
   2. STATE AND LOCAL CORRECTIONAL FACILITIES SHALL ESTABLISH A SYSTEM TO
 ALLOW VISITORS TO DOCUMENT THEIR ARRIVAL TIME FOR A VISIT AT  A  CORREC-
 TIONAL  FACILITY TO ENSURE THAT VISITORS ARE NOT WAITING LONGER THAN ONE
 HOUR. DATA COLLECTED BY SUCH SYSTEM SHALL NOT KEEP ANY INDIVIDUAL  IDEN-
 TIFYING INFORMATION ABOUT ANY INDIVIDUAL VISITOR.
   (A)  DATA  ON  WAIT  TIMES  AT  STATE CORRECTIONAL FACILITIES SHALL BE
 SHARED QUARTERLY WITH THE INSPECTOR GENERAL. THE INSPECTOR GENERAL SHALL
 PUBLISH SUCH DATA ANNUALLY AND SHALL INCLUDE  IN  SUCH  PUBLICATION  THE
 AVERAGE WAIT TIMES AT EACH STATE CORRECTIONAL FACILITY. UPON SUCH ANNUAL
 PUBLICATION,  THE  INSPECTOR GENERAL SHALL INVESTIGATE THE STATE CORREC-
 TIONAL FACILITIES WITH THE HIGHEST WAIT TIMES AND SHALL MAKE RECOMMENDA-
 TIONS TO THE DEPARTMENT ON HOW TO REDUCE SUCH WAIT TIMES.
   (B) DATA ON WAIT TIMES  AT  LOCAL  CORRECTIONAL  FACILITIES  SHALL  BE
 SHARED  QUARTERLY WITH THE COMMISSION. THE COMMISSION SHALL PUBLISH SUCH
 DATA ANNUALLY AND SHALL INCLUDE IN SUCH  PUBLICATION  THE  AVERAGE  WAIT
 TIMES AT EACH LOCAL CORRECTIONAL FACILITY. UPON SUCH ANNUAL PUBLICATION,
 THE  COMMISSION SHALL INVESTIGATE THE LOCAL CORRECTIONAL FACILITIES WITH
 THE HIGHEST WAIT TIMES AND  SHALL  MAKE  RECOMMENDATIONS  TO  THE  LOCAL
 CORRECTIONAL FACILITIES ON HOW TO REDUCE SUCH WAIT TIMES.
   3.  THE DEPARTMENT AND LOCAL CORRECTIONAL FACILITIES SHALL ESTABLISH A
 SYSTEM TO ALLOW VISITORS TO OPT-IN TO RECEIVE  AUTOMATED  TEXT  MESSAGES
 NOTIFYING  VISITORS  IN  A TIMELY MANNER WHEN VISITING DAYS OR HOURS ARE
 CHANGED, VISITS ARE CANCELLED, OR VISITING HOURS ARE REDUCED OR  SIGNIF-
 ICANTLY DELAYED.
 S. 10584                            4
   § 223. VISITING  ROOM  ACCESSIBILITY  AND CONDITIONS. 1. ALL STATE AND
 LOCAL CORRECTIONAL FACILITIES SHALL BE ACCESSIBLE TO VISITORS WITH DISA-
 BILITIES, INCLUDING BUT NOT LIMITED  TO,  ENSURING  THAT  EACH  FACILITY
 PROVIDES  SUFFICIENT  SEATING  IN  WAITING  AREAS AND LOBBIES, INCLUDING
 OUTDOOR SEATING, OUTDOOR AWNINGS, WORKING AIR CONDITIONING INSIDE VISIT-
 ING  PROCESSING AREAS AND VISITING ROOMS WITHIN THE CORRECTIONAL FACILI-
 TIES, AND THE ABILITY TO USE A CANE OR  OTHER  MOBILITY  DEVICE  AT  ALL
 POINTS DURING THE VISITING PROCESS.
   2.  ALL LOCATIONS INVOLVED IN VISITING, INCLUDING WAITING AREAS, PROC-
 ESSING AREAS, AND VISIT ROOMS, SHALL BE KEPT CLEAN AND IN WORKING  ORDER
 AS  DEFINED BY THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
 RESTROOMS AND SANITATION REQUIREMENTS AND SHALL INCLUDE WATER  FOR  HAND
 WASHING,  WORKING BATHROOMS, HAND SOAP, PAPER TOWELS OR HAND DRYERS, AND
 DRINKING WATER WHICH SHALL BE AVAILABLE AT NO COST. THE  DEPARTMENT  AND
 LOCAL CORRECTIONAL FACILITIES SHALL PROVIDE VISITORS WITH A MECHANISM TO
 REPORT ANY UNSATISFACTORY CONDITIONS IN SUCH LOCATIONS.
   3.  VISITORS AND INCARCERATED INDIVIDUALS SHALL HAVE ACCESS TO WORKING
 VENDING MACHINES. SUCH VENDING MACHINES SHALL CONTAIN A VARIETY OF HEAL-
 THY FOODS REPRESENTATIVE OF DIVERSE CULTURAL BACKGROUNDS AND THE  PRICES
 SHALL REFLECT COMMUNITY STANDARD PRICES.
   § 224. VISITING  RIGHTS.  1. ALL VISITORS AND INCARCERATED INDIVIDUALS
 BEING VISITED SHALL BE TREATED WITH DIGNITY AND RESPECT AT ALL TIMES.
   2. VISITORS AND INCARCERATED INDIVIDUALS SHALL NOT BE DENIED A CONTACT
 VISIT SOLELY ON THE BASIS OF AN ODOR OF ALCOHOL OR MARIJUANA OR  BECAUSE
 THEY APPEAR TO BE UNDER THE INFLUENCE.
   3.  ALL  CORRECTIONAL  FACILITIES SHALL HAVE AN AMNESTY BOX LOCATED IN
 FRONT OF THE FACILITY WHICH SHALL SERVE AS A MECHANISM FOR  VISITORS  TO
 DISPOSE  OF ANY ITEMS WHICH WOULD BE CONFISCATED WHILE GOING THROUGH THE
 SECURITY PROCESS. THE AMNESTY BOX SHALL BE IN A PROMINENT LOCATION  WITH
 CLEARLY  MARKED  SIGNS  INDICATING ITS PURPOSE. ANY PERSON UTILIZING THE
 AMNESTY BOX SHALL NOT FACE ANY CONSEQUENCES FOR DOING SO.
   § 225. RADIOLOGIST CONSULTANT. THE DEPARTMENT SHALL HIRE AT LEAST  ONE
 RADIOLOGIST  WHOSE  DUTIES  SHALL INCLUDE DETERMINING WHETHER AN ALLEGED
 ABNORMALITY FOUND ON AN IMAGE FROM A BODY SCANNER IS CONTRABAND WHEN  AN
 EMPLOYEE  IS  NOT  ABLE  TO  MAKE SUCH A DETERMINATION. SUCH RADIOLOGIST
 SHALL BE AVAILABLE FOR VIRTUAL CONSULTATION DURING ALL VISITING HOURS.
   § 226. VISIT DENIALS, EXCEPTIONS AND ACCOMMODATIONS. 1.   THE  COMMIS-
 SION,  IN  CONSULTATION  WITH  THE  DEPARTMENT AND LOCAL MUNICIPALITIES,
 SHALL ESTABLISH PROCEDURES REGARDING THE DAILY USE OF AVAILABLE  SCREEN-
 ING  METHODS,  WHICH  SHALL  INCLUDE  A ROTATION OF BODY SCANNERS, METAL
 DETECTORS, AND CANINE SEARCHES, AND SHALL ESTABLISH PROTOCOLS FOR  WHICH
 METHODS SHOULD BE USED FOR VISITORS AND INCARCERATED INDIVIDUALS WHO ARE
 BEING  VISITED  ON  VARIOUS DAYS AT EACH FACILITY. SUCH PROCEDURES SHALL
 ALSO INCLUDE PROVISIONS ESTABLISHING THAT ALTERNATIVE METHODS OF SCREEN-
 ING MAY BE USED TO ACCOMMODATE INDIVIDUALS WHO ARE UNABLE TO BE SCREENED
 BY BODY IMAGING SCANNING EQUIPMENT FOR MEDICAL REASONS.
   2. INDIVIDUALS UNDER THE AGE  OF  EIGHTEEN  AND  PREGNANT  INDIVIDUALS
 SHALL  NOT  BE SCREENED BY A BODY SCANNER UTILIZING ANY LEVEL OF IONIZA-
 TION.   PROCEDURES FOR IDENTIFYING PREGNANT  INDIVIDUALS  SHALL  BE  SET
 FORTH  IN  THE PROCEDURES ESTABLISHED BY THE COMMISSION, IN CONSULTATION
 WITH THE DEPARTMENT AND LOCAL MUNICIPALITIES.
   3. EMPLOYEES SHALL NOT ASK VISITORS OR  INCARCERATED  INDIVIDUALS  WHO
 ARE  BEING  VISITED  TO REMOVE ITEMS WHICH WOULD CAUSE UNDUE HARDSHIP OR
 HUMILIATION, INCLUDING BUT NOT LIMITED TO UNREMOVABLE  RELIGIOUS  ITEMS,
 WIGS, MENSTRUAL PRODUCTS, CONTRACEPTIVE DEVICES, AND ADULT OR CHILDREN'S
 DIAPERS.
 S. 10584                            5
   4.  NO VISITOR OR INCARCERATED INDIVIDUAL SHALL BE DENIED ACCESS TO AN
 IN-PERSON CONTACT VISIT UNLESS CONTRABAND THAT IS  UNLAWFUL  TO  POSSESS
 OUTSIDE  OF  A CORRECTIONAL FACILITY IS FOUND ON THE BODY OF THE VISITOR
 OR THE INCARCERATED INDIVIDUAL BEING VISITED. THE SUSPICION  OF  CONTRA-
 BAND SHALL NOT WARRANT A VISIT DENIAL.
   5.  A VISITOR OR INCARCERATED INDIVIDUAL SHALL HAVE THE OPPORTUNITY TO
 DISCARD ANY ITEM FOUND ON THEIR BODY THAT IS LAWFUL TO  POSSESS  OUTSIDE
 OF  A  CORRECTIONAL  FACILITY  AND  SHALL  SUBSEQUENTLY BE ENTITLED TO A
 CONTACT-VISIT IF NO CONTRABAND IS FOUND TO EXIST  ON  THE  BODY  OF  THE
 VISITOR OR INCARCERATED INDIVIDUAL DURING A SECOND SEARCH.
   6.  DURING  ALL  VISITING  HOURS, THERE SHALL BE A HIGH-LEVEL EMPLOYEE
 TRAINED IN VISITING POLICIES WHO CAN BE CONSULTED IN THE EVENT A PROBLEM
 WITH VISITING SHOULD OCCUR.
   (A) HIGH-LEVEL EMPLOYEES SHALL  HAVE  THE  AUTHORITY  TO  OVERRIDE  AN
 EMPLOYEE'S  DECISION  REGARDING  GRANTING  A VISITOR ACCESS TO A CONTACT
 VISIT.
   (B) VISITORS AND  INCARCERATED  INDIVIDUALS  BEING  VISITED  SHALL  BE
 ALLOWED  TO  REQUEST  TO SPEAK TO A HIGH-LEVEL EMPLOYEE, WHO SHALL SPEAK
 WITH THE VISITOR OR INCARCERATED INDIVIDUAL WITHIN NO MORE  THAN  THIRTY
 MINUTES  AFTER SUCH REQUEST. VISITORS AND INCARCERATED INDIVIDUALS SHALL
 HAVE THE OPPORTUNITY TO SUBMIT COMPLAINTS TO A HIGH-LEVEL EMPLOYEE AFTER
 A VISIT TAKES PLACE.
   7. ALTERNATIVE SEARCH METHODS SHALL BE USED FOR VISITORS AND INCARCER-
 ATED INDIVIDUALS THAT  HAVE  REACHED  BODY  SCANNER  RADIATION  EXPOSURE
 LIMITS.  UPON  CLEARING  SUCH  ALTERNATIVE SEARCH METHOD, THE VISITOR OR
 INCARCERATED INDIVIDUAL SHALL BE PERMITTED TO HAVE A CONTACT VISIT.
   8. BODY SCANNER AND PAT-DOWN SEARCHES SHALL BE CONDUCTED  BY  A  STAFF
 MEMBER  OF  THE  SAME  GENDER AS THE VISITOR OR INCARCERATED INDIVIDUAL,
 UNLESS A STAFF MEMBER OF THE SAME GENDER IS NOT AVAILABLE DUE TO  STAFF-
 ING CAPACITY, IN WHICH CASE THE VISITOR OR INCARCERATED INDIVIDUAL SHALL
 BE  OFFERED AN ALTERNATIVE SEARCH METHOD AND PERMITTED TO HAVE A CONTACT
 VISIT IF THE VISITOR OR INCARCERATED INDIVIDUAL CLEARS SUCH  ALTERNATIVE
 SEARCH METHOD.
   9.  IN ALL STATE CORRECTIONAL FACILITIES, AND APPLICABLE LOCAL CORREC-
 TIONAL  FACILITIES,  VISITOR  AND  INCARCERATED  INDIVIDUAL  PROCESSING,
 INCLUDING  BODY  SCANS AND ALTERNATIVE SEARCH METHODS, SHALL BE RECORDED
 WITH VIDEO AND AUDIO VIA ACTIVATED BODY-WORN CAMERAS  AND/OR  STATIONARY
 CAMERAS. THE DEPARTMENT AND APPLICABLE LOCAL CORRECTIONAL FACILITY SHALL
 PRESERVE  SUCH  RECORDINGS  FOR  AT  LEAST  NINETY DAYS OR UNTIL A FILED
 APPEAL IS RESOLVED.
   10. IN NO INSTANCE SHALL A  MALFUNCTIONING  OR  DAMAGED  BODY  SCANNER
 RESULT  IN THE CANCELLING OF VISITS OR DEFAULTING TO NON-CONTACT VISITS.
 IN SUCH INSTANCE, ALTERNATIVE SEARCH METHODS SHALL BE UTILIZED.
   § 227. BODY SCANNER PROCEDURES.  THE  FOLLOWING  PROCEDURES  SHALL  BE
 FOLLOWED  UPON ALLEGATIONS BY EMPLOYEES OF ABNORMALITIES ON A BODY SCAN-
 NER IMAGE OF A VISITOR  OR  INCARCERATED  INDIVIDUAL  IN  THE  FOLLOWING
 ORDER:
   1.  THE  VISITOR OR INCARCERATED INDIVIDUAL SHALL BE INFORMED WHERE ON
 THEIR PERSON THE IMAGE IS DISPLAYING  AN  ALLEGED  ABNORMALITY  AND  THE
 VISITOR  OR  INCARCERATED  INDIVIDUAL  SHALL BE GIVEN THE OPPORTUNITY TO
 ADDRESS OR REMOVE SAID ABNORMALITY OR ANY  OBJECT  THAT  MAY  WRONGFULLY
 APPEAR  AS AN ABNORMALITY, UNLESS THE ALLEGED ABNORMALITY ON THE SCAN IS
 REFERRING TO A MENSTRUAL PRODUCT, CONTRACEPTIVE DEVICE,  OR  UNREMOVABLE
 RELIGIOUS  OR  MEDICALLY  NECESSARY  ITEMS.  THE VISITOR OR INCARCERATED
 INDIVIDUAL SHALL THEN BE GIVEN THE OPPORTUNITY TO GO  THROUGH  THE  BODY
 S. 10584                            6
 SCANNER A SECOND TIME AND SHALL BE PERMITTED A CONTACT VISIT IF THE SCAN
 NO LONGER INDICATES AN ALLEGED ABNORMALITY.
   2.  IF  THE EMPLOYEE REVIEWING THE SCAN DETERMINES THAT THE SCAN STILL
 INDICATES AN ALLEGED ABNORMALITY AND THE VISITOR OR  INCARCERATED  INDI-
 VIDUAL  INSISTS  THAT  THEY  DO NOT HAVE CONTRABAND ON THEIR PERSON, THE
 RADIOLOGIST SHALL BE CONTACTED WITHIN THIRTY MINUTES TO DIGITALLY REVIEW
 THE SCAN IN ORDER TO MAKE A DETERMINATION. THE RADIOLOGIST SHALL  RETURN
 WITH  A DETERMINATION NO LATER THAN NINETY MINUTES AFTER THE RADIOLOGIST
 IS CONTACTED. IF THE RADIOLOGIST DETERMINES THAT THE SCAN DOES NOT INDI-
 CATE CONTRABAND, THEN THE VISITOR OR INCARCERATED  INDIVIDUAL  SHALL  BE
 GRANTED A CONTACT VISIT.
   3.  (A)  IF THE RADIOLOGIST DETERMINES THAT CONTRABAND IS PRESENT, THE
 VISITOR OR INCARCERATED INDIVIDUAL SHALL BE OFFERED THE  OPPORTUNITY  TO
 REMOVE OR DISCARD THE CONTRABAND AND SHALL THEN BE GIVEN THE OPPORTUNITY
 TO GO THROUGH THE BODY SCANNER A THIRD TIME. THE VISITOR OR INCARCERATED
 INDIVIDUAL  SHALL  BE  PERMITTED  A  CONTACT VISIT IF THE SCAN NO LONGER
 INDICATES AN ALLEGED ABNORMALITY.
   (B) IF THE RADIOLOGIST DETERMINES THAT THE SCAN  IS  INCONCLUSIVE  AND
 THAT  CONTRABAND  MAY BE PRESENT, THE VISITOR OR INCARCERATED INDIVIDUAL
 SHALL BE OFFERED THE OPTION FOR AN ALTERNATIVE SEARCH METHOD. IF CONTRA-
 BAND IS NOT RECOVERED VIA THE ALTERNATIVE SEARCH METHOD, THE VISITOR  OR
 INCARCERATED  INDIVIDUAL SHALL BE PERMITTED TO HAVE A CONTACT VISIT.  IF
 AN ITEM THAT IS LAWFUL TO POSSESS OUTSIDE OF A CORRECTIONAL FACILITY  IS
 RECOVERED  VIA AN ALTERNATIVE SEARCH METHOD, THE VISITOR OR INCARCERATED
 INDIVIDUAL SHALL BE GIVEN THE OPPORTUNITY TO GO THROUGH THE BODY SCANNER
 A THIRD TIME. IF THE SCAN NO LONGER INDICATES  AN  ALLEGED  ABNORMALITY,
 THE  VISITOR  OR  INCARCERATED  INDIVIDUAL  SHALL BE PERMITTED A CONTACT
 VISIT. IF THERE IS STILL AN ALLEGED ABNORMALITY, THE VISITOR  OR  INCAR-
 CERATED INDIVIDUAL SHALL BE PERMITTED A NON-CONTACT VISIT.  IF THE VISI-
 TOR  OR  INCARCERATED  INDIVIDUAL CHOOSES TO FORGO AN ALTERNATIVE SEARCH
 METHOD AFTER THEIR THIRD BODY SCAN, THE VISITOR OR INCARCERATED INDIVID-
 UAL SHALL BE PERMITTED TO HAVE A NON-CONTACT VISIT.
   4. RECOVERY OF CONTRABAND THAT IS UNLAWFUL TO  POSSESS  OUTSIDE  OF  A
 CORRECTIONAL FACILITY OR DENIAL OF A VISIT SHALL IMMEDIATELY RESULT IN A
 WRITTEN  NOTICE  TO  THE  VISITOR  AND THE INCARCERATED INDIVIDUAL BEING
 VISITED STATING THE REASON FOR DENYING THE  VISIT  AND,  IF  APPLICABLE,
 WHERE  ON  THE BODY ANY CONTRABAND WAS FOUND. SUCH NOTICE SHALL BE GIVEN
 TO THE VISITOR ONSITE, IMMEDIATELY FOLLOWING SUCH VISITATION DENIAL.
   § 228. VISITOR MEDICAL EXEMPTIONS. 1. VISITORS WITH A  MEDICAL  CONDI-
 TION THAT EXEMPTS THEM FROM UTILIZING A BODY SCANNER FOR REASONS INVOLV-
 ING  THEIR  HEALTH  SHALL  PRESENT DOCUMENTATION FROM A LICENSED MEDICAL
 PROVIDER AT  THE  TIME  OF  THEIR  VISIT.  WHEN  SUCH  DOCUMENTATION  IS
 PROVIDED,  THE VISITOR SHALL BE ENTITLED TO AN ALTERNATIVE SEARCH METHOD
 AND PERMITTED A CONTACT VISIT IF CONTRABAND THAT IS ILLEGAL  TO  POSSESS
 OUTSIDE OF A CORRECTIONAL FACILITY IS NOT RECOVERED.
   2.  VISITORS WITH A MEDICAL DEVICE OR A MEDICAL CONDITION THAT EXEMPTS
 THEM FROM UTILIZING A BODY SCANNER SHALL PRESENT  DOCUMENTATION  FROM  A
 LICENSED  MEDICAL  PROVIDER  AT THE TIME OF THE VISIT.  VISITORS WHO ARE
 UNABLE TO PRESENT SUCH DOCUMENTATION AT THE TIME OF THE VISIT SHALL  BE:
 (A) NOTIFIED OF THE REQUIREMENT TO BRING SUCH DOCUMENTATION; (B) OFFERED
 A ONE-TIME EXCEPTION TO SUCH REQUIREMENT; AND (C) OFFERED AN ALTERNATIVE
 SEARCH  METHOD.  CLEARING AN ALTERNATIVE SEARCH METHOD SHALL RESULT IN A
 CONTACT-VISIT.
   § 229. INCARCERATED INDIVIDUAL VISITING  RIGHTS.  1.  NO  INCARCERATED
 INDIVIDUAL  SHALL  BE STRIP SEARCHED BEFORE OR AFTER VISITING UNLESS THE
 INCARCERATED INDIVIDUAL VOLUNTARILY CHOOSES TO BE STRIP SEARCHED IN LIEU
 S. 10584                            7
 OF GOING THROUGH A BODY SCANNER OR OTHER ALTERNATIVE SEARCH METHOD.  ANY
 INCARCERATED  INDIVIDUAL  VOLUNTARILY UNDERGOING A STRIP SEARCH SHALL BE
 REQUIRED TO PROVIDE WRITTEN CONSENT.
   2.  INCARCERATED  INDIVIDUALS  SHALL NOT HAVE VISITING RIGHTS REVOKED,
 NOR BE DENIED CONTACT VISITS, AS A CONSEQUENCE OF ANY INFRACTION NOR FOR
 ANY REASON OTHER THAN AN EMERGENCY.
   3. ALL VISITING RIGHTS SET FORTH IN THIS ARTICLE SHALL APPLY TO INCAR-
 CERATED INDIVIDUALS HOUSED IN ALL UNITS, INCLUDING  SEGREGATED  CONFINE-
 MENT.
   4.  THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY SHALL PROVIDE INCAR-
 CERATED INDIVIDUALS WITH A PERSONAL TABLET TO HAVE IN THEIR CELL OR CUBE
 THAT CAN BE USED TO MAKE PERSONAL VIDEO CALLS FREE OF CHARGE TO  SUPPLE-
 MENT IN-PERSON VISITS.
   §  230. INVESTIGATIONS AND APPEALS. 1. INTERNAL INVESTIGATIONS RELATED
 TO THE RECOVERY OF CONTRABAND FROM A VISITOR OR AN INCARCERATED INDIVID-
 UAL SHALL BE CONCLUDED BY THE DEPARTMENT OR LOCAL CORRECTIONAL  FACILITY
 WITHIN THREE WEEKS OF RECOVERING SUCH CONTRABAND. UPON CONCLUSION OF ANY
 SUCH  INVESTIGATION,  A WRITTEN EXPLANATION SHALL BE SENT TO THE VISITOR
 OR INCARCERATED INDIVIDUAL CONTAINING THE OUTCOME OF  THE  INVESTIGATION
 AND A DETAILED, NON-CONCLUSORY DESCRIPTION OF THE INVESTIGATION, INCLUD-
 ING INFORMATION ABOUT: THE ALLEGED CONTRABAND; ANY EVIDENCE COLLECTED IN
 THE  INVESTIGATION; AND ANY CONSULTATION WITH A RADIOLOGIST, IF APPLICA-
 BLE. A VISITOR OR INCARCERATED INDIVIDUAL MAY SUBMIT AN  APPEAL  TO  ANY
 DECISION  MADE BY THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY NO LATER
 THAN THREE WEEKS AFTER THE WRITTEN EXPLANATION WAS SENT TO  THE  VISITOR
 OR INCARCERATED INDIVIDUAL. SUCH APPEAL SHALL BE REVIEWED BY A HIGH-LEV-
 EL  EMPLOYEE  AND  SHALL  BE CONDUCTED THROUGH AN APPEALS HEARING AS SET
 FORTH BY DEPARTMENT OR LOCAL  CORRECTIONAL  FACILITY  PROCEDURES.    THE
 HIGH-LEVEL  EMPLOYEE  SHALL  ISSUE  A DECISION ON SUCH APPEAL WITHIN TWO
 WEEKS OF SUBMISSION OF SUCH APPEAL AND SUCH DECISION SHALL  BE  SENT  TO
 THE VISITOR OR INCARCERATED INDIVIDUAL WITHIN ONE WEEK OF THE DECISION.
   2.  WHERE  APPLICABLE, VIDEO AND AUDIO FOOTAGE OF THE INTERACTION WITH
 THE VISITOR OR INCARCERATED INDIVIDUAL TAKEN BY BODY-WORN OR  STATIONARY
 CAMERAS AND BODY SCAN IMAGES SHALL BE MADE AVAILABLE UPON REQUEST OF THE
 VISITOR  AND/OR  THEIR  LAWYER IF THE VISITOR OR INCARCERATED INDIVIDUAL
 WISHES TO APPEAL A DECISION, SUSPENSION OR LIMITATION ON VISITING.  SUCH
 VIDEO  FOOTAGE  OR BODY SCAN IMAGES SHALL BE MADE AVAILABLE TO THE VISI-
 TOR, INCARCERATED INDIVIDUAL, AND/OR THEIR LAWYER WITHIN  TWO  WEEKS  OF
 THE REQUEST FOR SUCH FOOTAGE OR IMAGES.
   §  231.  VISIT  SUSPENSIONS.  1. NO VISITOR OR INCARCERATED INDIVIDUAL
 SHALL BE SUSPENDED FROM CONTACT VISITS FOR A PERIOD OF TIME  BEYOND  THE
 DAY IN WHICH SUCH A VISIT IS DENIED.
   2.  ANY  VISIT  SUSPENSION  ISSUED OR IN EFFECT PRIOR TO THE EFFECTIVE
 DATE OF THIS ARTICLE SHALL BE REVOKED UPON THE EFFECTIVE  DATE  OF  THIS
 ARTICLE  AND  VISITATION SHALL IMMEDIATELY BE REINSTATED, SUBJECT TO THE
 PROVISIONS OF THIS ARTICLE.
   3. ALL PREVIOUSLY  SUSPENDED  VISITORS  AND  INCARCERATED  INDIVIDUALS
 WHOSE VISITING RIGHTS WERE SUSPENDED PRIOR TO THE EFFECTIVE DATE OF THIS
 ARTICLE  SHALL RECEIVE NOTIFICATION THAT THEIR VISITING RIGHTS HAVE BEEN
 REINSTATED, ALONG WITH NOTIFICATION OF THE PROVISIONS IN  THIS  ARTICLE,
 ADJUSTED  FOR  BREVITY, WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS
 ARTICLE. SUCH NOTIFICATION SHALL BE PROVIDED TO INCARCERATED INDIVIDUALS
 AND THE SUSPENDED VISITOR AT SUCH VISITORS' ADDRESS ON FILE.
   § 232. EMPLOYEE TRAINING AND  DISCIPLINE.  1.  EMPLOYEES  WHO  PROCESS
 VISITORS,  STAFF  VISITING  ROOMS,  OR  OPERATE ANY SECURITY MACHINES OR
 EQUIPMENT SHALL BE REQUIRED TO COMPLETE VISITING TRAINING ANNUALLY. SUCH
 S. 10584                            8
 TRAINING SHALL INCLUDE TRAUMA-INFORMED APPROACHES  TO  INTERACTING  WITH
 VISITORS,  CHILDREN, AND INCARCERATED INDIVIDUALS, AS WELL AS COMPREHEN-
 SIVE TRAINING ON THE OPERATION OF BODY SCANNERS.
   2.  EMPLOYEES  FOUND,  THROUGH  THE  APPEALS  PROCESS SET FORTH BY THE
 DEPARTMENT OR LOCAL CORRECTIONAL FACILITY, TO HAVE WRONGFULLY OR UNFAIR-
 LY ENGAGED IN A PATTERN OF DENYING CONTACT OR NON-CONTACT  VISITS  TO  A
 VISITOR  OR  INCARCERATED  INDIVIDUAL, OR ENGAGED IN THE MISTREATMENT OF
 VISITORS, SHALL BE TEMPORARILY REASSIGNED TO ANOTHER PART OF THE CORREC-
 TIONAL FACILITY WHILE COMPLETING APPROPRIATE TRAINING.
   3. UPON COMPLETION OF SUCH APPROPRIATE TRAINING, THE EMPLOYEE  MAY  BE
 REASSIGNED  TO  VISITOR PROCESSING. EMPLOYEES SUBSEQUENTLY FOUND TO HAVE
 REPEATEDLY DENIED CONTACT VISITS TO A VISITOR OR INCARCERATED INDIVIDUAL
 BASED SOLELY ON A BODY SCAN, ENGAGED  IN  OTHER  MISCONDUCT  OF  VISITOR
 PROCESSING, OR WHO DID NOT FOLLOW THE GUIDELINES SET FORTH IN THIS ARTI-
 CLE,  SHALL  BE  PERMANENTLY  REASSIGNED  FROM VISITOR PROCESSING AND/OR
 STAFFING VISITING ROOMS AND SHALL BE SUBJECT  TO  AN  INVESTIGATION  AND
 SUBSEQUENT DISCIPLINE FOR MISCONDUCT.
   §  233. EMERGENCIES; SUSPENSION OF VISITS. 1. A STATE OR LOCAL CORREC-
 TIONAL FACILITY SHALL NOT SUSPEND OR LIMIT VISITS IN ANY  MANNER  EXCEPT
 AS  AUTHORIZED  PURSUANT TO THIS ARTICLE; PROVIDED, HOWEVER, THAT VISITS
 MAY BE SUSPENDED OR LIMITED DUE TO AN EMERGENCY, AS DEFINED  IN  SECTION
 TWO HUNDRED TWENTY OF THIS ARTICLE.
   2.  ANY  DECLARED  EMERGENCY,  AND ANY RESTRICTIONS ON VISITS DUE TO A
 DECLARED EMERGENCY, SHALL:
   (A) BE LIMITED TO THE MINIMUM AMOUNT OF TIME NECESSARY TO  RESPOND  TO
 THE EMERGENCY;
   (B)  BE  LIMITED  TO  AS  FEW CORRECTIONAL FACILITIES AND AS FEW AREAS
 WITHIN CORRECTIONAL FACILITIES AS NECESSARY;
   (C) IMPACT AS FEW PEOPLE AS POSSIBLE; AND
   (D) BE AS LIMITED IN SCOPE AS POSSIBLE.
   3. EXCEPT FOR EMERGENCIES INVOLVING A MASS CONTAGION, NO EMERGENCY  OR
 RESTRICTION AS A RESULT OF AN EMERGENCY SHALL LAST FOR LONGER THAN SEVEN
 DAYS.  THE  DEPARTMENT  OR  LOCAL MUNICIPALITY SHALL NOT DECLARE ANOTHER
 EMERGENCY UNLESS A NEW INDEPENDENT EVENT THAT MEETS THE CRITERIA  OF  AN
 EMERGENCY HAS TAKEN PLACE. IN THE EVENT OF AN EMERGENCY INVOLVING A MASS
 CONTAGION,  NO  EMERGENCY AND NO RESTRICTION AS A RESULT OF AN EMERGENCY
 SHALL LAST LONGER THAN HEALTH OFFICIALS DECLARE NECESSARY TO RESPOND  TO
 THE EMERGENCY.
   4.  FOR  ANY PUBLIC HEALTH OR MASS CONTAGION EMERGENCY, THE DEPARTMENT
 OR LOCAL CORRECTIONAL FACILITY SHALL  CONSULT  WITH  THE  DEPARTMENT  OF
 HEALTH  TO DETERMINE NECESSARY ACTIONS TO RETURN TO PRE-EMERGENCY STAND-
 ARDS OF VISITING AND TO PROVIDE GUIDANCE ON HOW VISITING CAN  BE  SAFELY
 OFFERED  PRIOR TO A FULL RESUMPTION OF PRE-EMERGENCY STANDARDS OF VISIT-
 ING IN ACCORDANCE WITH THIS ARTICLE.
   5. THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY SHALL TAKE  IMMEDIATE
 STEPS TO MITIGATE THE EFFECTS OF AN EMERGENCY ON VISITS AND SHALL IMPLE-
 MENT  TEMPORARY PROTOCOLS WHICH ALLOW FOR THE PARTIAL OR COMPLETE RESTO-
 RATION OF VISITS IN ACCORDANCE WITH  THIS  ARTICLE.  THE  DEPARTMENT  OR
 LOCAL  CORRECTIONAL  FACILITY  SHALL  FULLY RESTORE VISITS IN ACCORDANCE
 WITH THIS ARTICLE UPON THE CONCLUSION OF THE EMERGENCY OR AT  SUCH  TIME
 AS  IT  IS  NO  LONGER  NECESSARY TO SUSPEND OR LIMIT VISITS DUE TO SUCH
 EMERGENCY, WHICHEVER IS EARLIER.
   6. IN THE EVENT VISITS ARE SUSPENDED DURING AN EMERGENCY, THE  DEPART-
 MENT  OR LOCAL CORRECTIONAL FACILITY SHALL PROVIDE ACCESS TO VIDEO CALLS
 AND LETTER WRITING MATERIALS, INCLUDING PAPER,  ENVELOPES,  AND  STAMPS,
 S. 10584                            9
 FREE  OF  CHARGE,  WHILE  THE  DEPARTMENT OR LOCAL CORRECTIONAL FACILITY
 TAKES STEPS TO RESTORE IN-PERSON VISITS.
   7.  THE  DECLARATION  OF  AN  EMERGENCY  BY  THE DEPARTMENT OR A LOCAL
 CORRECTIONAL FACILITY SHALL BE PUBLISHED ON THE  DEPARTMENT'S  OR  LOCAL
 MUNICIPALITY'S  WEBSITE  NO  LATER THAN SIX HOURS AFTER THE START OF THE
 EMERGENCY AND SHALL BE  UPDATED  DAILY,  IN  A  WRITTEN  STATEMENT  THAT
 INCLUDES:
   (A) THE TIME AND DATE OF THE DECLARATION OF AN EMERGENCY;
   (B) THE REASON FOR DECLARING AN EMERGENCY;
   (C) THE PORTION OR PORTIONS OF A CORRECTIONAL FACILITY IMPACTED BY THE
 EMERGENCY;
   (D)  WHETHER, TO THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY'S KNOW-
 LEDGE, AN OUTSIDE AGENCY, DEPARTMENT, OR AUTHORITY HAS ALSO DECLARED  AN
 EMERGENCY AND A CITATION TO ANY SUCH DECLARATION; AND
   (E) THE EXPECTED DURATION OF THE EMERGENCY, STEPS BEING TAKEN TO MITI-
 GATE  THE  EFFECTS  OF  THE EMERGENCY ON VISITS, ANY TEMPORARY PROTOCOLS
 WHICH ALLOW FOR THE PARTIAL OR COMPLETE RESTORATION OF VISITS IN ACCORD-
 ANCE WITH THIS ARTICLE, AND THE EXPECTED TIMEFRAME FOR RETURN TO PRE-EM-
 ERGENCY STANDARDS OF VISITING AND HOW SUCH RETURN WILL BE ACHIEVED.
   8. THE DEPARTMENT OR  LOCAL  CORRECTIONAL  FACILITY  SHALL  CONDUCT  A
 REVIEW OF THE STATE OF THE EMERGENCY AND UPDATE THE DECLARATION OF EMER-
 GENCY  DAILY.  WHEN THE EMERGENCY NO LONGER EXISTS OR NO LONGER NECESSI-
 TATES LIMITATIONS ON VISITS, VISITING SHALL BE RESTORED TO PRE-EMERGENCY
 STANDARDS OF VISITING AS SET FORTH IN THIS ARTICLE.
   9. ANY DECLARATION OF  EMERGENCY  MADE  BY  THE  DEPARTMENT  SHALL  BE
 SUBMITTED  TO  THE  GOVERNOR  AND  THE  SENATE  AND ASSEMBLY CORRECTIONS
 COMMITTEES WITHIN SIX HOURS AFTER SUCH DECLARATION OF THE EMERGENCY.
   § 234. REPORTING. 1.   THE  DEPARTMENT  OR  MUNICIPALITY  OF  A  LOCAL
 CORRECTIONAL  FACILITY  SHALL  PUBLISH  PUBLIC  ANNUAL  REPORTS  ON  ITS
 WEBSITE, DISAGGREGATED BY CORRECTIONAL FACILITY, WHICH SHALL INCLUDE:
   (A) THE NUMBER OF VISITORS;
   (B) THE NUMBER OF VISITORS THAT WERE DENIED  CONTACT  VISITS  AND  THE
 REASONS FOR SUCH DENIALS;
   (C)  THE  LENGTH  OF  TIME OF EACH VISIT, BROKEN DOWN BY THE NUMBER OF
 VISITS THAT LASTED BETWEEN ZERO TO ONE HOUR, ONE TO THREE  HOURS,  THREE
 TO FOUR HOURS, AND FOUR PLUS HOURS;
   (D) THE NUMBER OF TIMES BODY SCANNER EQUIPMENT WAS USED ON INDIVIDUALS
 DETAINED  IN  OR  VISITING A CORRECTIONAL FACILITY UPON INTAKE, BEFORE A
 VISIT, AFTER A VISIT, AND UPON THE SUSPICION OF CONTRABAND, AS  WELL  AS
 ANY  OTHER  EVENT THAT TRIGGERS THE USE OF SUCH EQUIPMENT, AND THE AVER-
 AGE, MEDIAN, AND HIGHEST NUMBER OF TIMES SUCH EQUIPMENT WAS USED ON  ANY
 INDIVIDUAL DETAINED IN OR VISITING THE CORRECTIONAL FACILITY, ALONG WITH
 CORRESPONDING EXPOSURE LEVELS;
   (E)  ANY  INCIDENTS,  INJURIES  OR ILLNESSES RESULTING FROM THE USE OF
 BODY SCANNING EQUIPMENT OR REPORTED BY PERSONS SCANNED  BY  SUCH  EQUIP-
 MENT;
   (F) THE NUMBER OF APPEALS THAT WERE REQUESTED PURSUANT TO THIS ARTICLE
 AND THE OUTCOMES OF SUCH APPEALS;
   (G)  THE  NUMBER OF TIMES CONTRABAND WAS RECOVERED, WITH SPECIFICATION
 OF THE TYPES OF CONTRABAND RECOVERED;
   (H) THE NUMBER OF COMPLAINTS RECEIVED IN REGARD TO  VISITING  AND  THE
 NATURE OF SUCH COMPLAINTS;
   (I)  THE  NUMBER  OF  EMPLOYEES  WHO WERE REQUIRED TO COMPLETE VISITOR
 PROCESSING TRAINING, IN ADDITION TO THE ANNUAL VISITING TRAINING,  AS  A
 RESULT OF COMPLAINTS FROM VISITORS;
 S. 10584                           10
   (J)  THE  NUMBER OF EMPLOYEES THAT RECEIVED DISCIPLINARY ACTION DUE TO
 VISITING MISCONDUCT AND A DESCRIPTION OF SUCH MISCONDUCT;
   (K)  THE  NUMBER OF EMPLOYEES THAT WERE PERMANENTLY REMOVED FROM PROC-
 ESSING VISITORS AND THE REASON WHY SUCH EMPLOYEES WERE REMOVED;
   (L) THE NUMBER OF EMPLOYEES PROCESSING VISITORS;
   (M) THE NUMBER OF EMPLOYEES STATIONED IN SEARCH AREAS AFTER VISITS;
   (N) THE NUMBER OF EMPLOYEES STATIONED INSIDE VISITING ROOMS; AND
   (O) ALL EMERGENCY RELATED SUSPENSIONS OR LIMITATIONS  ON  VISITING  IN
 ANY MANNER TO BE LESS THAN THE REQUIREMENTS OF THIS ARTICLE.
   2. THE COMMISSION SHALL CONDUCT A STUDY TO RESEARCH AND MAKE RECOMMEN-
 DATIONS  ON  APPROACHES TO SAFELY REDUCING CONTRABAND AND HOW TO IMPROVE
 THE ACCURACY AND SAFETY OF VISITOR PROCESSING IN STATE AND LOCAL CORREC-
 TIONAL FACILITIES. SUCH STUDY SHALL INCLUDE PARTICIPATION AND INPUT FROM
 FORMERLY INCARCERATED INDIVIDUALS, LOVED ONES OF  INCARCERATED  INDIVID-
 UALS,  NON-PROFIT  REPRESENTATIVES THAT PROVIDE SERVICES TO INCARCERATED
 INDIVIDUALS, AND LAWYERS WHO WORK WITHIN THE CRIMINAL JUSTICE FIELD. THE
 STUDY SHALL RESEARCH THE MINIMUM AND MAXIMUM NUMBER OF  EMPLOYEES  PROC-
 ESSING  VISITORS AND STAFFING VISITING ROOMS NEEDED IN PROPORTION TO THE
 NUMBER OF INCARCERATED INDIVIDUALS AND THE AVERAGE  NUMBER  OF  VISITORS
 AND  THE  COMMISSION SHALL MAKE RECOMMENDATIONS BASED ON THE FINDINGS OF
 SUCH STUDY.
   § 235. RIGHT TO BRING AN ACTION.   ANY INCARCERATED  INDIVIDUAL  IN  A
 CORRECTIONAL  FACILITY  AND ANY PERSON WHO VISITED OR ATTEMPTED TO VISIT
 AN INCARCERATED INDIVIDUAL IN A CORRECTIONAL FACILITY SHALL HAVE A RIGHT
 TO BRING AN ACTION IN STATE COURT BASED ON ANY VIOLATION OF THIS ARTICLE
 AND MAY SEEK: (I) TO ENJOIN SUCH VIOLATION; (II) TO OBTAIN A DECLARATORY
 JUDGMENT; (III) TO RECOVER MONETARY DAMAGES; AND (IV) ANY  OTHER  RELIEF
 DEEMED APPROPRIATE BY THE COURT.
   §  236.  LAW  TO  BE  POSTED. A COPY OF THIS LAW SHALL BE ADJUSTED FOR
 BREVITY AND POSTED IN THE VISITOR PROCESSING AREA OF  EACH  CORRECTIONAL
 FACILITY,  AND IN COMMON SPACES INSIDE EACH CORRECTIONAL FACILITY IN THE
 TOP THREE LANGUAGES SPOKEN BY INCARCERATED INDIVIDUALS AND  VISITORS  AT
 OR  VISITING  SUCH  FACILITY,  AND  SHALL  BE VISIBLE TO VISITORS TO AND
 EMPLOYEES AT ALL TIMES.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.