Provides that no state or local correctional facility shall deny entry to a person visiting such facility due to the fact that such person is menstruating or has a contraceptive device or appears on body scan imaging or alternative methods to have or be using a menstrual product or contraceptive device.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8840A
SPONSOR: Hooks TITLE OF BILL:
An act to amend the correction law, in relation to visitors to correc-
tional facilities who are menstruating, wearing menstrual products or
have a contraceptive device
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit state and local correctional facilities from denying entry
or contact visits to individuals visiting an incarcerated person due to
menstruation, the use of menstrual products, or the presence of internal
contraceptive devices detected by body scans or other screening methods.
SUMMARY OF PROVISIONS:
Section 1 adds a new Section 138-C to the Correction law to ensure that
visitors are not denied entry or contact visitation due to menstruation,
use of menstrual products, or presence of contraceptive devices. It
prohibits requiring removal of such products as a condition for entry or
visitation.
Section 2 establishes the effective date of the act.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE:
The A print changes the section number of the new section of law to
Correction law § 138-c.
JUSTIFICATION:
New York State provided 11 million dollars in funding for body scanners
in New York State Correctional Facilities since 2022. Currently, body
scanners are being regularly used, and DOCCS' visitation policy dictates
that each facility has the authority to deny visitation to individuals,
however, DOCCS has not produced a written directive or policy specific
to the operation of the body scanners and the processing of those
results. During a public hearing held by the legislature in May 2025,
the commissioner of DOCCS testified that approximately 80-90% of visi-
tors are utilizing the body scanners, and approximately 80-90% of staff
refuse to go through the body scanners. Since the implementation of body
scanners in NYS correctional facilities, there have been countless
reports of false allegations by DOCCS staff against visiting individuals
of having contraband appear on their scans, leading to their visitation
being denied with no ability for the visitor to prove their innocence in
that moment. This is a significant barrier for visitors who are travel-
ing long distances, visitors who must take time off from work, travel
with children or elderly loved ones, and those who must spend money to
travel. DOCCS' ability to seemingly arbitrarily deny visitors causes
immense stress and uncertainty to families and loved ones, Recently,
there have been multiple reports of menstruating individuals being
denied visitation because their body scans showed menstrual products in
their imaging. For example, an individual recently travelled 5 hours by
bus to visit her loved one and was told she could not visit because of
the tampon that appeared in her scans. She then travelled 5 hours back
home by bus because there is no mechanism in place to argue DOCCS' deci-
sion at that moment, Per reports from visitors, DOCCS will sometimes
require individuals to remove their tampon to go through the body scan-
ner and then put a new one in. If they refuse, they will then be
required to do a non-contact visit. This is not only embarrassing and
invasive, but processing visitation takes time, and it is not always an
option for menstruating individuals to not wear a menstrual product for
an extended period of time. This should not be a barrier for loved ones
to have a contact-visit.
This bill seeks to protect menstruating individuals, or people wearing
menstrual products or internal contraception, from this humiliating and
discriminatory practice by prohibiting denying individuals from visiting
their loved ones or restricting contact visits in state or local correc-
tional facilities because their body scans or alternative screening
methods indicate they are wearing menstrual products or have internal
contraception, and that state and local correctional facilities cannot
require individuals to remove menstrual products in order to enter or be
permitted contact visitation.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately,
