What's happening
This bill makes sentences for aggravated harassment of an employee by an inmate run consecutively to other prison terms.
Why it matters
The bill aims to increase the severity of punishment for inmates who commit aggravated harassment against prison employees by requiring any sentence for this crime to be served in addition to (not at the same time as) any existing prison terms. This means offenders will serve extra time, rather than overlapping sentences, which could serve as a stronger deterrent and acknowledgment of the unique risks faced by correctional staff.
By aligning the sentencing rules for aggravated harassment of employees with those for certain types of assault, the bill recognizes the seriousness of these acts and their impact on institutional safety and staff morale. This change could improve workplace safety perceptions and potentially reduce staff turnover in correctional facilities.
The legislation preserves some judicial discretion by allowing concurrent sentences only if the court explicitly states compelling reasons for doing so, but establishes a new norm favoring consecutive sentences. This balances mandatory tougher penalties with a safety valve for exceptional cases, ensuring fairness in sentencing.
Because the bill carves aggravated harassment of employees by inmates out of more lenient sentencing options for low-level felonies, it signals a policy decision to treat these offenses as more serious than other class E felonies, possibly influencing future legislative and administrative approaches to prison violence.
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Tougher Penalties for Inmate Harassment
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Penalties for Inmate Harassment
In Assembly Committee · Codes · Sponsor Peter Abbate
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3776
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of aggravated harassment of an employee by an inmate
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 70.00 of the penal law, as amended by chapter 738 of the laws of 2004, is amended to read as follows:
4. Alternative definite sentence for class D and E felonies. When a person, other than a second or persistent felony offender, is sentenced for a class D or class E felony, except for the class E felony of aggravated harassment of an employee by an inmate, as defined in section 240.32 of this chapter, and the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose an indeterminate or determinate sentence, the court may impose a definite sentence of imprisonment and fix a term of one year or less.
§ 2. Paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law, as amended by chapter 3 of the laws of 1995, are amended to read as follows:
(a) Except as provided in paragraph (c) of this subdivision, when a person is convicted of assault in the second degree, as defined in subdivision seven of section 120.05 of this chapter, or aggravated harassment of an employee by an inmate as defined in section 240.32 of this chapter, any definite, indeterminate or determinate term of imprisonment which may be imposed as a sentence upon such conviction shall run consecutively to any undischarged term of imprisonment to which the defendant was subject and for which he was confined at the time of the assault.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09301-01-7
S. 3776 2
(b) Except as provided in paragraph (c) of this subdivision, when a person is convicted of assault in the second degree, as defined in subdivision seven of section 120.05 of this chapter, or aggravated harassment of an employee by an inmate as defined in section 240.32 of this chapter, any definite, indeterminate or determinate term of imprisonment which may be imposed as a sentence upon such conviction shall run consecutively to any term of imprisonment which was previously imposed or which may be prospectively imposed where the person was confined within a detention facility at the time of the assault upon a charge which culminated in such sentence of imprisonment.
§ 3. Paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law, as added by chapter 372 of the laws of 1981, are amended to read as follows:
(a) Except as provided in paragraph (c) of this subdivision, when a person is convicted of assault in the second degree, as defined in subdivision seven of section 120.05 of this chapter, or aggravated harassment of an employee by an inmate as defined in section 240.32 of this chapter, any definite or indeterminate term of imprisonment which may be imposed as a sentence upon such conviction shall run consecutively to any undischarged term of imprisonment to which the defendant was subject and for which he was confined at the time of the assault.
(b) Except as provided in paragraph (c) of this subdivision, when a person is convicted of assault in the second degree, as defined in subdivision seven of section 120.05 of this chapter, or aggravated harassment of an employee by an inmate as defined in section 240.32 of this chapter, any definite or indeterminate term of imprisonment which may be imposed as a sentence upon such conviction shall run consecutively to any term of imprisonment which was previously imposed or which may be prospectively imposed where the person was confined within a detention facility at the time of the assault upon a charge which culminated in such sentence of imprisonment.
§ 4. Paragraph (c) of subdivision 5 of section 70.25 of the penal law, as added by chapter 372 of the laws of 1981, is amended to read as follows:
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this subdivision, a term of imprisonment imposed upon a conviction to assault in the second degree as defined in subdivision seven of section 120.05 of this chapter or aggravated harassment of an employee by an inmate as defined in section 240.32 of this chapter may run concurrently to any other term of imprisonment, in the interest of justice, provided the court sets forth in the record its reasons for imposing a concurrent sentence. Nothing in this section shall require the imposition of a sentence of imprisonment where it is not otherwise required by law.
§ 5. This act shall take effect on the first of November next succeeding the date on which it shall have become a law, provided that the amendments to paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law made by section two of this act shall be subject to the expiration and reversion of such paragraphs pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of section three of this act shall take effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the crime of aggravated harassment of an employee by an inmate
Purpose or general idea of bill
To require consecutive sentences for felonies committed against corrections employees by an inmate.
Summary of specific provisions
Section one of this bill amends Penal Law section 70.00(4) to not allow the Court to exercise its discretion to impose a determinate sentence of less than one year or less when the defendant is convicted of the class E felony aggravated harassment of an employee by an inmate, as defined in Penal Law section 240.32.
Read the full memo (760 words)
Sections two and three of this bill amends Penal Law section 70.25(5) (a) and (b) to provide that the sentence for a conviction of aggravated harassment of an employee by an inmate must run consecutively to any previously imposed or prospectively imposed sentence when the person convicted was confined in a detention facility at the time of the incident for which he or she was convicted.
Section four of this bill amends Penal Law section 70.25(5)(c), to provide that the sentence for a conviction for aggravated harassment of an employee by an inmate may run concurrently if the Court finds that in the interest of justice, the sentence should run concurrently. When a Court makes this finding, the Court must set forth on the record the reasons for imposing a concurrent sentence.
Section five of this bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law, provided that the amendments to paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law made by section two of this act shall be subject to the expiration and reversion of such paragraphs pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of section three of this act shall take effect.
Justification
Under current New York State law, protections for Correction officers address some of the potential dangers facing New York's boldest. These protections, however, are drastically undercut thanks to a lack of uniform sentencing procedures for crimes committed against them. New York State already provides for the potential of consecutive sentencing in certain penal areas of the law, specifically those involving assaults on corrections employees by inmates, while other felonies are not included within the requirement.
Under current statute, aggravated harassment of an employee by an inmate can be, and for the vast majority of cases have been, applied through the form of a concurrent sentence. Such sentences are carried out concurrently over the course of any existing and not yet completely served sentences imposed on the perpetrator inmate.
The acts that must take place for a conviction of aggravated harassment of an employee by an inmate are by their very definition, separate and distinguishable acts from the particular crime that placed the inmate within the corrections system. By allowing for the imposition of concurrent sentences, instead of consecutive sentences, for serious offenses and felonies committed by inmates, the law effectively removes any protections for corrections officers and any deterrents against the abhorrent actions that these officers may be subjected to in the line of duty.
While concurrent sentences are typically utilized in instances relating to multiple offenses arising from a single act or event, the instigation of another act at another time should be treated and addressed as a separate act. By requiring that any sentence for felonies for aggravated harassment against a correction employee be served consecutively, the State can provide a reasonable deterrent against actions that are already deemed illegal under the current law. Any deviation from such a requirement, if done in the interest of justice, would need to be put forth by the court on the record.
Prior legislative history
2016: S.6951-A - Referred to Codes
Fiscal implications
Undetermined
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law, provided that the amendments to paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law made by section two of this act shall be subject to the expiration and reversion of such paragraphs pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of section three of this act shall take effect.
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