Relates to penalties for the promotion of prison contraband

1 Co-sponsor

• Kathleen A. Marchione

BILL NUMBER:S4382

Title of bill

An act to amend the penal law, in relation to the promotion of prison contraband

Purpose

To enhance the penalties for introducing or possession contraband into our State's prisons.

Summary of provisions

Section 1: Sections 205.20 and 205.25 of the penal law are amended as follows:

§ 205.20: Promoting prison contraband in the second degree is now a class E felony

§ 205.25: Promoting prison contraband in the first degree is now a class C felony.

Section 2: This act shall take effect immediately

Existing law

Under sections 205.20 and 205.25 of the penal law, promoting prison contraband in the second degree is a class A misdemeanor and promoting prison contraband in the first degree is a class C misdemeanor.

Justification

The men and women who work in our prisons are placed in dangerous situations when inmates or outside associates attempt to bring contraband into the prison. According to a New York Times article by Deborah Sontag, dangerous drugs have been brought into prisons by melting the drugs onto bible pages which the inmate then eats. This is but one example of the many challenges that the employees of our State's prisons faces. Under current law promoting prison contraband in the first and second degree are Class "D" felony and Class "A" misdemeanor offenses, respectively. The penalty for introducing drugs into a prison is sometimes only treated as a misdemeanor and is not effective to deter this conduct. This law increases such offenses to more serious felonies in order to ensure that the men and women who work in our prisons are adequately protected and that those who introduce contraband into our prisons are punished.

Legislative history

S. 7246 of 2014

Fiscal implications

None.

Effective date

This act shall take effect immediately.