It’s reasonable to have security measures in place for those visiting incarcerated individuals in correctional facilities. For contact visits in New York State correctional facilities, which allow the visitor and the loved one they’re visiting to embrace and sit at a table together, the desire to prevent the trafficking of contraband items requires even more stringent safeguards. This can involve corrections officers using devices like body scanners, which have raised what was likely an unexpected concern: should visitation rights be denied and even banned forever over a woman’s natural body functions or birth control devices?
That’s the issue New York Senate Bill S8353 is looking to address. Sponsored by State Senator Julia Salazar in June 2025, S8353 is in response to a growing number of complaints by women who were denied visitation by the New York Department of Corrections and Community Supervision (DOCCS) due to body scans that were detecting menstrual products, contraceptive devices, and other things that aren’t illegal. Those banned were often not told why.
A letter sent to the Deputy Commissioner of the DOCCS by the New York Civil Liberties Union (NYCLU) in December 2025 enumerates what it considers to be blatant instances of sex discrimination by correction law officers and prison staff at state prisons. Since male visitors are extremely unlikely to be denied access due to using tampons or an intrauterine device (IUD), the NYCLU accuses the DOCCS of being in violation of the updated Equal Rights Amendment of the New York Constitution, which was approved by voters in November 2024. It also reports that women are having difficulty getting answers about why they were denied access to the results of their scans due to unwarranted delays under New York’s Freedom of Information Law (FOIL).
Less of a Scan, More of a Guess?
The U.S. Constitution provides certain rights to incarcerated people. The Eighth Amendment offers protections against excessive bail, excessive fines, and cruel and unusual punishments. While rulings on the latter have paid special attention to the length and severity of prison sentences, they’ve also continued to balance treating those detained in the prison system with dignity and respect, while simultaneously not ignoring their debt to society and their crime victims.
Most prisoners retain the right to receive visits from loved ones during their term. Visitation rights are subject to a number of rules and procedures designed to prevent the smuggling of contraband. This holds true in state correctional facilities in New York. Visitors are required to pass through metal detectors and possible inspections by canine detection units (aka dogs) before being allowed to meet with a prisoner.
The level of scrutiny increased after a wildcat strike by correctional officers in March 2025. One of their demands was that visitors seeking a full-contact visit (which allows embraces and sharing a table with the prisoner, as opposed to meeting through a solid barrier that prevents any physical contact) would be required to undergo a full-body scan with Tek84 scanners, which the DOCCS had purchased in 2023. Refusal to allow a scan with the Tek84 meant a full-contact visit was no longer an option for that day. It could also result in the denial of a non-contact visit as well if they refused to allow alternate screening methods.
The desire to spend time with their incarcerated loved ones compelled many people to submit to the Tek84 scan. According to the NYCLU, doing so led to some women being denied entry without being informed what they were accused of attempting to smuggle in. In some instances, women received six-month or permanent visitation bans for reasons the DOCCS appeared unwilling to share with them. Those able to navigate the administrative delays and alleged obfuscation discovered that they’d been rejected for reasons that would never apply to a man.
DOCCS has attributed the delays to staffing shortages and privacy concerns. Despite precedent in the state of New York’s penal system, corrections officers are not required to submit to Tek84 scans to combat contraband smuggling when reporting to work, and they can’t be punished for refusing to do so.
Staying Focused on Contraband
After hearing reports from over 50 women who received visitation bans from the DOCCS after scans were determined to be “contraband” that was later revealed to be tampons, surgical scars, and, in one instance, a piercing in the vaginal area, State Senator Salazar responded with S8353. The proposed bill would make it illegal for state or local correctional facilities to deny entry for visitation based on her menstruating at the time of the visit, using a menstrual product, or having a birth control device in place. This includes vaginal rings, IUDs, contraceptive implants, tampons, and menstrual cups, pads, or discs.
As of this writing, S8353 remains in the NY Senate Crimes and Correction Committee. Whether that means it’s still being considered or was dead on arrival, the NYCLU seems intent on continuing the fight. In addition to returning visitation rights to those suspended for menstruation “offenses,” the NYCLU is calling for better training of staff for future instances.
Related Resources
- In Jail Before Your Trial? Know Your Rights. (FindLaw’s Law and Daily Life)
- What Are Civil Rights? (FindLaw’s Civil Rights Law)
- Can You Be Fired for Having Your Period at Work? (FindLaw’s Law and Daily Life)
