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.
Note
The bill represents a growing trend toward prioritizing the rights of individuals in correctional systems and addressing the specific needs of women and others affected by menstruation and contraceptive use. If successful, A08840 could serve as a model for similar legislation in other jurisdictions, promoting further discussions about health, bodily autonomy, and gender rights within the context of the justice system.
Impact
The enactment of A08840 is expected to have a significant positive impact on the rights of visitors to correctional facilities. It will reinforce the principle that bodily autonomy and health-related needs, particularly for women, should be respected in correctional environments. This may lead to improved access for those whom menstrual cycles or contraceptive use could impede visiting incarcerated loved ones. The bill aims to create an environment where visitors can maintain dignity and privacy during their visits.
Summary
Bill A08840 amends the correction law in New York to ensure that no state or local correctional facility can deny entry to visitors who are menstruating or using contraceptive devices. The legislation focuses on preventing discrimination against individuals based on their physiological conditions during visits to incarcerated individuals. The bill specifies that menstrual products and contraceptive devices, including but not limited to tampons, menstrual cups, and intrauterine devices, must not be removed or cause denial of entry for visitors.
Contention
The bill has encountered some contention regarding its implications for correctional facility security and management procedures. Critics may argue that this legislation could pose challenges for staff in ensuring security protocols are maintained while accommodating visitors' health needs. Some stakeholders might express concerns about balancing safety measures with the need for inclusivity and respect for personal health conditions.
Same As
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.
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.
Establishes procedures to be followed when the body scan of an incarcerated individual, employee or visitor to a correctional facility displays alleged abnormalities; requires staff discipline for staff who have wrongfully denied visitation to a visitor or entry to an employee based on a body scan; requires the collection and reporting of certain information relating to visitation and entry denials based on body scans; requires such law to be posted in visitor processing areas of correctional facilities.
Establishes procedures to be followed when the body scan of an incarcerated individual, employee or visitor to a correctional facility displays alleged abnormalities; requires staff discipline for staff who have wrongfully denied visitation to a visitor or entry to an employee based on a body scan; requires the collection and reporting of certain information relating to visitation and entry denials based on body scans; requires such law to be posted in visitor processing areas of correctional facilities.
Providing for consideration of the bill (H.R. 999) to protect an individual's ability to access contraceptives and to engage in contraception and to protect a health care providers ability to provide contraceptives, contraception, and information related to contraception.
Increases the penalties for promoting prison contraband in the first and second degrees; requires that each state correctional facility use body imaging scanning for all incarcerated individuals and visitors entering such facility; requires state correctional facilities to use trained canines to screen for contraband at the entrance of each facility.
Provides access to menstrual products in toilet facilities in public buildings owned or leased by the state that are determined to be opened to the public; requires reporting.
Provides access to menstrual products in toilet facilities in public buildings owned by the state that are determined to be opened to the public; requires reporting.
Enacts the "mandatory arbitration & business licensing act"; provides that no state agency or local government shall issue or renew a covered license to any person that refuses to certify that such person will not, as the owner or operator of a business or provider of services in the state or a local government operating pursuant to such license; makes related provisions.