Res. No. 53

Resolution calling on the New York State Legislature to pass and the Governor to sign A.6838/S.5337, which would permit the use of certain body imaging scanning equipment on inmates in local correctional facilities.

By Council Members Gibson, Miller, Brannan, Powers and Holden

Whereas, The New York City Department of Correction ("DOC") is charged with overseeing and providing for the care, custody, and control of individuals 16 years of age and older who are accused of crimes or convicted and sentenced to one year or less of incarceration; and

                        Whereas, DOC reported 63,758 total admissions to City jails during Fiscal Year 2017, with an average daily population of 9,790; and

                     Whereas, According to the 2017 New York City’s Preliminary Mayor’s Management Report, inmate-on-inmate stabbings and slashings increased by 21 percent while inmate fights increased by 27 percent compared to the same time period of last year; and

                     Whereas, In an effort to successfully combat the rise of contraband, including weapons, from entering New York City correctional facilities the DOC purchased body imaging scanning equipment from the United States Transportation Security Administration; and

                     Whereas, It was reported by the New York Daily News that these six ionizing body imaging scanners were purchased by the City during 2012 and 2013 for approximately one million dollars; and

                     Whereas, Ionizing body imaging scanners emit a low dosage of radiation, less radiation than is experienced in approximately two minutes of commercial air flight; and

                     Whereas, According to the United States Department of Health and Human Services, ionization body imaging scanners are safe and an individual would have to be screened more than a thousand times in one year in order to exceed the annual radiation dose limit, which has been set by expert radiation safety organizations; and

Whereas, These particular type of body imaging scanners purchased by DOC are prohibited by New York State law from being deployed and/or used by municipal correctional facilities; and

                     Whereas, A.6838, introduced by New York State Assembly Member David I. Weprin, and companion bill S.5337, introduced by New York State Senator Kemp Hannon, seek to amend the current New York State Public Health Law by permitting the use of ionizing body imaging scanners in local correctional facilities; and

                     Whereas, A.6838/S.5337 would limit and regulate the number of ionized body imaging exposures an inmate can experience while in DOC custody; and

Whereas, A.6838/S.5337 also carves out stricter exposure limitations for inmates under the age of eighteen as well as prohibiting exposure for women who are pregnant; and

Whereas, The endemic violence among New York City’s inmate population at Rikers Island and the increased use of blades in stabbings and slashings must be mitigated; and

Whereas, Body imaging scanning equipment used on inmates in New York City jail helps to successfully eliminate weapons and contraband from entering our City’s correctional facilities while ensuring a safer environment for both staff and those who are incarcerated; now, therefore, be it

Resolved, That the Council of the City of New York calls on the New York State Legislature to pass and the Governor to sign A.6838/S.5337, which would permit the use of certain body imaging scanning equipment on inmates in local correctional facilities.

WJH

LS 4037

1/10/18