Nemesis
04-07-2004, 11:27 PM
By JOEL STASHENKO
Associated Press Writer
April 7, 2004, 3:14 PM EDT
ALBANY, N.Y. -- New scanners designed to detect if visitors are trying to smuggle drugs or other contraband into state prisons are unfairly keeping some prisoners' relatives from seeing inmates, the New York Civil Liberties Union contended Wednesday.
The ion scanners, introduced last fall, are now used in 15 state prisons. The NYCLU called on the state Department of Correctional Services to stop using them while it works out new procedures for when the devices indicate a positive reading _ meaning that people have had contact with illegal drugs or explosives, though they don't necessarily have them in their possession.
The Civil Liberties Union said it has received numerous complaints from people who've incorrectly tested positive, and then could not convince guards to search them to prove they did not have contraband on them.
"Ion scanners are not valid as the sole basis for excluding a prison visitor because the devices can determine neither drug use nor possession," NYCLU lawyers said in a letter to state Corrections Commissioner Glenn Goord. "Rather, such devices might be useful as the beginning of a chain of information-gathering leading to finding contraband and denying visitation or not finding contraband and permitting visitation."
A state prison spokesman said there has been a dramatic decline in inmates testing positive for illegal drugs at the 15 prisons where the ion scanners are in use and that the state intends to continue the screening process.
Under current state procedures, people who test positive for drugs or explosives with the ion equipment are scanned a second time. If that second test is also positive, they are denied entry into prison to see inmates. The NYCLU said it is a hardship for people who have to travel long ways to see inmates _ typically, from the New York City area to upstate prisons _ only to be turned away on the basis of a possibly faulty test.
It noted that when the metal detectors prison visitors must also go through are set off, guards conduct searches of pocketbooks, backpacks and other personal effects of visitors to verify the presence of weapons or other contraband. The group also said it would favor allowing people who test positive during ion scanning to have "non-contact" visits with prisoners so prison officials can be sure that no contraband was changing hands.
Ion scanning technology involves the capture of minute particles discharged by substances such as drugs or explosives which cling to the clothing or skin. The particles are collected by a vacuum cleaner or by a cloth swipe and vaporized in a scanning unit.
The group said "false positive" tests can occur if people have come into recent contact with medicines and painkillers, perfumes, body lotions, poppy seeds, and chlorine baby wipes.
According to prison spokesman James Flateau, 37,124 people have visited prisons with the ion scanners and 122 visitors tested positive. At the same time, he said prison officials have noted a 46 percent decline in inmates testing positive for illegal drugs at the 15 prisons for the same period in the previous year.
"Thus, we believe tactics such as the ion scanner contribute to reducing not only drugs and inmate-on-inmate violence in prison, but safeguard our employees as well. They could be injured breaking up inmate fights over drugs as well as in attacks directly against them by inmates under the influence of drugs," Flateau said.
Prison administrators are against "non-contact" visits involving people who scan positive because they could be in a position to hand contraband to other visitors for relay to inmates once they get past a checkpoint and into a prison, Flateau said.
He said the state's scanning procedures are being "fine-tuned" and that prison officials say they've seen a reduction in complaints from prison visitors.
Ion scanners are used at the following prison facilities: Auburn, Cayuga, Elmira, Five Points, Monterey, Southport, Williard, Beacon, Bedford Hills, Downstate, Fishkill, Green Haven, Taconic and two separate facilities at Butler.
Newsday (http://www.newsday.com/news/local/wire/ny-bc-ny--contrabandscanner0407apr07,0,55472.story?coll=ny-ap-regional-wire)
Associated Press Writer
April 7, 2004, 3:14 PM EDT
ALBANY, N.Y. -- New scanners designed to detect if visitors are trying to smuggle drugs or other contraband into state prisons are unfairly keeping some prisoners' relatives from seeing inmates, the New York Civil Liberties Union contended Wednesday.
The ion scanners, introduced last fall, are now used in 15 state prisons. The NYCLU called on the state Department of Correctional Services to stop using them while it works out new procedures for when the devices indicate a positive reading _ meaning that people have had contact with illegal drugs or explosives, though they don't necessarily have them in their possession.
The Civil Liberties Union said it has received numerous complaints from people who've incorrectly tested positive, and then could not convince guards to search them to prove they did not have contraband on them.
"Ion scanners are not valid as the sole basis for excluding a prison visitor because the devices can determine neither drug use nor possession," NYCLU lawyers said in a letter to state Corrections Commissioner Glenn Goord. "Rather, such devices might be useful as the beginning of a chain of information-gathering leading to finding contraband and denying visitation or not finding contraband and permitting visitation."
A state prison spokesman said there has been a dramatic decline in inmates testing positive for illegal drugs at the 15 prisons where the ion scanners are in use and that the state intends to continue the screening process.
Under current state procedures, people who test positive for drugs or explosives with the ion equipment are scanned a second time. If that second test is also positive, they are denied entry into prison to see inmates. The NYCLU said it is a hardship for people who have to travel long ways to see inmates _ typically, from the New York City area to upstate prisons _ only to be turned away on the basis of a possibly faulty test.
It noted that when the metal detectors prison visitors must also go through are set off, guards conduct searches of pocketbooks, backpacks and other personal effects of visitors to verify the presence of weapons or other contraband. The group also said it would favor allowing people who test positive during ion scanning to have "non-contact" visits with prisoners so prison officials can be sure that no contraband was changing hands.
Ion scanning technology involves the capture of minute particles discharged by substances such as drugs or explosives which cling to the clothing or skin. The particles are collected by a vacuum cleaner or by a cloth swipe and vaporized in a scanning unit.
The group said "false positive" tests can occur if people have come into recent contact with medicines and painkillers, perfumes, body lotions, poppy seeds, and chlorine baby wipes.
According to prison spokesman James Flateau, 37,124 people have visited prisons with the ion scanners and 122 visitors tested positive. At the same time, he said prison officials have noted a 46 percent decline in inmates testing positive for illegal drugs at the 15 prisons for the same period in the previous year.
"Thus, we believe tactics such as the ion scanner contribute to reducing not only drugs and inmate-on-inmate violence in prison, but safeguard our employees as well. They could be injured breaking up inmate fights over drugs as well as in attacks directly against them by inmates under the influence of drugs," Flateau said.
Prison administrators are against "non-contact" visits involving people who scan positive because they could be in a position to hand contraband to other visitors for relay to inmates once they get past a checkpoint and into a prison, Flateau said.
He said the state's scanning procedures are being "fine-tuned" and that prison officials say they've seen a reduction in complaints from prison visitors.
Ion scanners are used at the following prison facilities: Auburn, Cayuga, Elmira, Five Points, Monterey, Southport, Williard, Beacon, Bedford Hills, Downstate, Fishkill, Green Haven, Taconic and two separate facilities at Butler.
Newsday (http://www.newsday.com/news/local/wire/ny-bc-ny--contrabandscanner0407apr07,0,55472.story?coll=ny-ap-regional-wire)