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Action News Jax Investigates: JSO violated Florida law by installing new security scanners at jail

JACKSONVILLE, Fla. — UPDATE, 3/13/17: The state of Florida has denied a Jacksonville Sheriff's Office request to use a high priced X-ray scanner on anyone who visits the jail.

An Action News Jax investigation revealed JSO was breaking Florida law by using the Secure Pass scanner on family members and defense attorneys who visited the Pre Trial Detention Facility. The machine is approved to use on inmates, but not the general public.

JSO purchased two of the machines for $150,000 each. One is used on inmates, which is allowed by law, the other was placed in the PTDF reception area.

On Monday, the Florida Department of Health confirmed JSO’s request to use the scanner on the general public was denied, saying it’s “against administrative code.”

We’ve also learned JSO has not yet paid the application fee required to register both machines, which is required by law.

Action News Jax reached out to JSO to get reaction to the state’s denial of a waiver and we’re told it’s working on a response.

Original story below:

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An Action News Jax investigation uncovers that the Jacksonville Sheriff's Office violated Florida law when it installed new security scanners at the jail. Scanners at the jail illegally took X-rays of everyone who visited the jail for months.

The Cannon Radpro Securepass uses X-ray technology and because of that it must be registered with the state. According to records obtained by Action News Jax, JSO did not register its scanners, and was not allowed to use the machines on the general public. But JSO did for more than six months.

The Securepass X-ray scanner reveals everything a person could possibly hide.

"This image here, the inmate has the handcuff key in his mouth." said Sgt. Jon Hoover with the Alachua County Sheriff’s Office.

The agency gave us full access to its Securepass scanner, which is only used on jail inmates.

Action News Jax investigator Paige Kelton asked, "Do you use this on the general public at all?"

Sgt. Hoover responds “No ma'am."

Posted next to the scanner is its state registration and proof that the machine is being operated according to state law. An Action News Jax investigation uncovered that was not the case at Duval County Pretrial Detention Facility.

Our cameras are not allowed inside, but JSO confirms in July 2016 it installed two Securepass scanners worth $150,000 each. Hundreds of family members, defense attorneys and others passed through the X-ray every time they visited an inmate for the next six months.

Related Documents:

Action News Jax asked the state of Florida on Jan. 4 if JSO had registered or applied to register its X-ray scanners, which is required by law. The answer to both questions was no.

According to the Florida Department of Health guideline, X-ray systems are only to be used on legal detainees, not family members, children, employees or other visitors.

Concerned about repeated exposure, Action News Jax Law and Safety Expert Dale Carson wrote a letter to Sheriff Mike Williams. Carson believes other local attorneys wanted to speak up about having to go through the scanner, but didn't.

"I don't think people wanted to express their concerns for fear there might be retribution because someone was complaining that there was an X-ray machine that was being used improperly." said Carson.

When Carson was asked if JSO broke the law, he said, "The law is very specific no one other than inmates is to be examined with equipment like that that's the law."

Action News Jax sent an email to JSO on Jan. 24 with questions about its security scanners. The same day an inspector from the Bureau of Radiation Control issued JSO a violation correction order, for no current registration, not reporting an X-ray change and scanning humans who are not detainees. On the same day it was cited, JSO filed a radiation machine registration application.

As for safety concerns, radiation oncologist Dr. Jessica Bihari–Kashani said the scanner emits a very low dose of radiation.

Kelton asked, “You’ve looked at the Securepass information, how many times would you have to pass inside to have a problem?"

Dr. Bihari-Kashani said, “4000 times, according to national guidelines."

Although radiation exposure was low, JSO was still not allowed to use the scanners on "non-detainees:"

Since Action News Jax started asking questions, JSO has changed its policy. In its response, JSO called Carson's concerns "valid" adding "accommodations will be available to anyone requesting them."

The Securepass scanner in the jail reception area has been shut down while the agency waits for the proper state documentation, but we have learned it may soon be up and running again.

JSO is asking the state for an exemption so it can continue using the X-ray on the general public.

The state has 90 days to decide whether to grant JSO an exemption.

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