New York redefines prison ‘assault,’ ‘harassment’

ALBANY, N.Y. (NEXSTAR) — New York enacted new rules on January 1 that change how prison officials account for violence at state-run prisons. The Department of Corrections and Community Supervision separated physical contact into “assault” and “harassment” categories to align with state law, but Republican lawmakers argue the move manipulates data to hide attacks on correction officers.

Now, the state defines assault as an action with “intent to cause harmful or offensive contact, or physical injury” like striking, kicking, or shoving. Officials presume any thrown bodily fluids or waste to be both intentional and harmful, so those incidents are still classified as assaults.

The separate harassment category is for other unwanted physical contact that’s intended to “harass, annoy, alarm, obstruct, or disrupt.” The department used to count any attack by someone who is incarcerated as assault, even if it caused no injury or involved throwing a small object.

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Commissioner Daniel Martuscello issued a memo on New Year’s Eve that outlines the changes, which came from the deal reached with the New York State Correctional Officers and Police Benevolent Association union when their COs went on strike in March. According to DOCCS, they developed new definitions to help staff identify risks and intervene sooner…

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