Provides that an inmate of a correctional facility shall be guilty of a felony for harassing a correctional facility employee by fraudulent use of his or her name

3 Co-sponsors

• John J. Bonacic
• Patrick M. Gallivan
• Diane J. Savino

BILL NUMBER:S1060

Title of bill

An act to amend the penal law, in relation to penalizing an inmate in a correctional facility for harassing certain employees by fraudulently using the name of any such employee

Purpose or general idea of bill

To penalize an inmate who harasses a correction officer by fraudulently using such officer's name to subscribe to magazines or purchase goods.

Summary of specific provisions

Section 1: Amends Section 240.32 of the Penal Law to provide that an inmate or respondent is guilty of aggravated harassment of an employee by an inmate, a class E felony, when, with intent to harass, annoy, threaten or alarm an employee of a state or local correctional facility, OCFS secure facility, Division of Parole, Office of Mental Health, a probation department or a police officer, such inmate or respondent causes the employee's name to either (a) be published in any writing without such employee's permission; or (b) be used fraudulently to order magazines or any other product in that employee's name.

Section 2: Provides effective date.

Justification

This legislation addresses situations occurring in prisons where inmates are fraudulently using correction employees' names to subscribe to magazines as a form of retaliation for disciplinary actions imposed upon such inmates. One inmate sent a fraudulent request to a magazine that caters to "gender-confused" individuals adding several correction officers' names to that magazine's pen pal list. These officers are now receiving unwelcome correspondence from "gender confused" inmates from all over the country.

According to law enforcement, the most these inmates can be charged with is a class A misdemeanor, hardly a deterrent for most of these inmates who are serving lengthy prison sentences. This bill sends a strong message that this type of behavior will not be tolerated. A class E felony could add up to four years additional prison time to their sentences.

Prior legislative history

2011-2012: S.233A/A.6716A; Amend and Recommit to Codes 2009-2010: S.6136/A.9194; Referred to Codes 2007-2006: A.3777, Held in Codes. 2006: A.11547, Referred to Codes.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law