New York's Pataki Promises Action on Inmate "Anti-Thrower" Bill

Gov. George Pataki, in his first address before members of AFSCME Council 82, promised action this year on a union-sponsored bill to crack down on inmates who toss bodily fluids on corrections officers.

Speaking at Council 82's annual political action conference on February 28 in Albany, Pataki proposed a new crime, "aggravated assault upon an employee of a correction facility or a parole officer," which would subject the thrower to a Class D felony.

Inmates sentenced under the terms of the legislation would have to serve the time consecutively - after their existing sentence.

In 1995 alone, there were 218 reported incidents of inmates throwing bodily fluids at COs in New York's prison system.

"Inmates, I'm told, call it defecation education," Pataki told the union activists at the Council 82 conference. "I call it a felony, and one that should be punishable by consecutive time."

Pataki's works were greeted with a standing ovation from the assembled union leaders. Eliot Seide, Council 82 administrator, said the union will now work to reconcile differences between the Pataki proposal and a similar bill offered by the Democrats in the Assembly. "This legislation is long overdue," said Seide. "This is the year to get it done."

Seide also pointed out that, once a bill becomes law, the union must carefully monitor its application by district attorneys, since some county prosecutors have been remiss in prosecuting prison crimes to the full extent of the statute. Therefore, prohibitions against plea bargaining will be an important part of the legislative negotiations.