S T A T E O F N E W Y O R K
________________________________________________________________________
3916
2025-2026 Regular Sessions
I N A S S E M B L Y
January 30, 2025
___________
Introduced by M. of A. WEPRIN, SHIMSKY, PAULIN, STERN, SAYEGH -- read
once and referred to the Committee on Correction
AN ACT to amend the penal law and the correction law, in relation to
establishing the crime of harassment of an employee by an incarcerated
individual
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 240.34 to
read as follows:
§ 240.34 HARASSMENT OF AN EMPLOYEE BY AN INCARCERATED INDIVIDUAL.
AN INCARCERATED INDIVIDUAL OR RESPONDENT IS GUILTY OF HARASSMENT OF AN
EMPLOYEE BY AN INCARCERATED INDIVIDUAL WHEN, WITH INTENT TO HARASS,
ANNOY, THREATEN OR ALARM A PERSON IN A FACILITY WHOM SUCH INCARCERATED
INDIVIDUAL KNOWS OR REASONABLY SHOULD KNOW TO BE AN EMPLOYEE OF SUCH
FACILITY OR THE BOARD OF PAROLE OR THE OFFICE OF MENTAL HEALTH, OR A
PROBATION DEPARTMENT, BUREAU OR UNIT OR A POLICE OFFICER, SUCH INCARCER-
ATED INDIVIDUAL, FOR THE PURPOSE OF DEGRADING OR ABUSING AN EMPLOYEE, OR
FOR THE PURPOSE OF GRATIFYING SUCH INCARCERATED INDIVIDUAL'S SEXUAL
DESIRE:
1. DISPLAYS OR TOUCHES THEIR INTIMATE PARTS WHILE IN CLEAR VIEW OF AN
EMPLOYEE; OR
2. INTENTIONALLY ENGAGES IN CONDUCT THAT SUCH INCARCERATED INDIVIDUAL
KNOWS WOULD CAUSE AN EMPLOYEE TO BE IN CLEAR VIEW OF SUCH INCARCERATED
INDIVIDUAL WHILE SUCH INCARCERATED INDIVIDUAL DISPLAYS OR TOUCHES THEIR
INTIMATE PARTS; OR
3. COMMUNICATES TO AN EMPLOYEE SUCH INCARCERATED INDIVIDUAL WILL, AT
SOME TIME IN THE FUTURE, CAUSE SUCH EMPLOYEE TO COME IN CONTACT WITH
SUCH INCARCERATED INDIVIDUAL'S BLOOD, URINE, SEMINAL FLUID, OR FECES.
FOR PURPOSES OF THIS SECTION, "INCARCERATED INDIVIDUAL" MEANS AN
INCARCERATED INDIVIDUAL OR DETAINEE IN A CORRECTIONAL FACILITY, LOCAL
CORRECTIONAL FACILITY OR A HOSPITAL, AS SUCH TERM IS DEFINED IN SUBDIVI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07804-01-5
A. 3916 2
SION TWO OF SECTION FOUR HUNDRED OF THE CORRECTION LAW. FOR PURPOSES OF
THIS SECTION, "RESPONDENT" MEANS A JUVENILE IN A SECURE FACILITY OPER-
ATED AND MAINTAINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES WHO IS
PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES.
FOR PURPOSES OF THIS SECTION, "FACILITY" MEANS A CORRECTIONAL FACILITY
OR LOCAL CORRECTIONAL FACILITY, HOSPITAL, AS SUCH TERM IS DEFINED IN
SUBDIVISION TWO OF SECTION FOUR HUNDRED OF THE CORRECTION LAW, OR A
SECURE FACILITY OPERATED AND MAINTAINED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES.
HARASSMENT OF AN EMPLOYEE BY AN INCARCERATED INDIVIDUAL IS A CLASS B
MISDEMEANOR.
§ 2. Subdivision 2 of section 851 of the correction law, as amended by
section 228 of chapter 322 of the laws of 2021, is amended to read as
follows:
2. "Eligible incarcerated individual" means: a person confined in an
institution who is eligible for release on parole or who will become
eligible for release on parole or conditional release within two years.
Provided, however, that a person under sentence for an offense defined
in paragraphs (a) and (b) of subdivision one of section 70.02 of the
penal law, where such offense involved the use or threatened use of a
deadly weapon or dangerous instrument shall not be eligible to partic-
ipate in a work release program until [he or she] SUCH PERSON is eligi-
ble for release on parole or who will be eligible for release on parole
or conditional release within eighteen months. Provided, further, howev-
er, that a person under a determinate sentence as a second felony drug
offender for a class B felony offense defined in article two hundred
twenty of the penal law, who was sentenced pursuant to section 70.70 of
such law, shall not be eligible to participate in a temporary release
program until the time served under imprisonment for [his or her] SUCH
PERSON'S determinate sentence, including any jail time credited pursuant
to the provisions of article seventy of the penal law, shall be at least
eighteen months. In the case of a person serving an indeterminate
sentence of imprisonment imposed pursuant to the penal law in effect
after September one, nineteen hundred sixty-seven, for the purposes of
this article parole eligibility shall be upon the expiration of the
minimum period of imprisonment fixed by the court or where the court has
not fixed any period, after service of the minimum period fixed by the
state board of parole. If an incarcerated individual is denied release
on parole, such incarcerated individual shall not be deemed an eligible
incarcerated individual until [he or she] SUCH INCARCERATED INDIVIDUAL
is within two years of [his or her] SUCH INCARCERATED INDIVIDUAL'S next
scheduled appearance before the state parole board. In any case where an
incarcerated individual is denied release on parole while participating
in a temporary release program, the department shall review the status
of the incarcerated individual to determine if continued placement in
the program is appropriate. No person convicted of any escape or
absconding offense defined in article two hundred five of the penal law
shall be eligible for temporary release. Further, no person under
sentence for aggravated harassment of an employee by an incarcerated
individual as defined in section 240.32 of the penal law for, NO PERSON
UNDER SENTENCE FOR HARASSMENT OF AN EMPLOYEE BY AN INCARCERATED INDIVID-
UAL AS DEFINED IN SECTION 240.34 OF THE PENAL LAW FOR, any homicide
offense defined in article one hundred twenty-five of the penal law, for
any sex offense defined in article one hundred thirty of the penal law,
or for an offense defined in section 255.25, 255.26 or 255.27 of the
penal law shall be eligible to participate in a work release program as
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defined in subdivision three of this section. Nor shall any person under
sentence for any sex offense defined in article one hundred thirty of
the penal law be eligible to participate in a community services program
as defined in subdivision five of this section. Notwithstanding the
foregoing, no person who is an otherwise eligible incarcerated individ-
ual who is under sentence for a crime involving: (a) infliction of seri-
ous physical injury upon another as defined in the penal law or (b) any
other offense involving the use or threatened use of a deadly weapon may
participate in a temporary release program without the written approval
of the commissioner. The commissioner shall promulgate regulations
giving direction to the temporary release committee at each institution
in order to aid such committees in carrying out this mandate.
The governor, by executive order, may exclude or limit the partic-
ipation of any class of otherwise eligible incarcerated individuals from
participation in a temporary release program. Nothing in this paragraph
shall be construed to affect either the validity of any executive order
previously issued limiting the participation of otherwise eligible
incarcerated individuals in such program or the authority of the commis-
sioner to impose appropriate regulations limiting such participation.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, the amendments to subdivision 2 of
section 851 of the correction law made by section two of this act
shall not affect the expiration of such subdivision or section and shall
expire and be deemed repealed therewith.