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Bill

S 3090

Relates to aggravated harassment of an employee by an incarcerated individual

2025 Regular Session Introduced by Rob Ortt and 1 co-sponsor

New York bill establishes aggravated harassment crime for incarcerated individuals threatening or harassing correctional facility employees, enhancing penalties for workplace violence incidents.

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Bill Summary · S 3090

Legislative bill overview

S 3090 creates a new crime of "aggravated harassment of an employee by an incarcerated individual" in New York State. The bill establishes legal protections for correctional staff, healthcare workers, and other employees who work in correctional facilities by making it a more serious offense when incarcerated individuals harass or threaten them.

Why is this important

Correctional facilities face significant safety challenges, with staff experiencing verbal abuse, threats, and harassment as occupational hazards. This legislation attempts to address employee safety and workplace security by creating specific criminal penalties, potentially serving as a deterrent and providing prosecutors additional tools to respond to incidents.

Potential points of contention

  • Definitional scope: The bill's exact definition of "aggravated harassment" and what constitutes actionable conduct remains unclear from the title alone; overly broad language could criminalize minor infractions while narrow language may not meaningfully protect staff
  • Sentencing and proportionality: Critics may argue that creating enhanced penalties for incarcerated individuals—who already have limited rights—raises concerns about proportional justice and whether additional criminalization effectively improves safety
  • Implementation burden: Determining and proving the severity threshold between standard harassment and "aggravated" harassment could create inconsistent enforcement and litigation challenges within the correctional system

Compiled from official sources — confirm details with the bill’s official record.

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