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Correction Officer injured in Great Meadow razor incident
McGregor regroups its crews
NYS Senator George H. Winner, Jr.'s "Senate Insider"
Opinion Death penalty decision
DA: 'Criminal Stupidity' In Corrections Case
Lawyer: Weigh reasons for attack
Inmate found guilty of attack on officer
Father, son corrections officers face charges in Albion sexual-contact case
Prison guard union sues state
2 inmates guilty in plot to escape from Sing Sing
Prison teacher charged with trying to hire hit man
Albany Med Escapee - Escapee meets his match
Union wants lockdown after weapons found in prison
DROP Plan Explained
S. 4159 Drop Plan
Hospital toughens inmate security
WINNER: ASSEMBLY DELAYING ACTION ON LEGISLATION TO EXTEND CONFINEMENT OF SEXUALLY VIOLENT PREDATORS
Elmira Suicide
Kick it over, Tinseltown
Bill Summary - A05992
Bill Text - S00503
FORT ANN -- A correction officer was injured during a Monday morning melee at Great Meadow Correctional Facility that started when an inmate was found to be carrying a homemade knife on his way to breakfast.
The officer, Bob McCauley of Hudson Falls, was treated at Glens Falls Hospital and released for a groin injury he suffered when kicked by the inmate, officials said.
The inmate, Edward Matthews, 24, of New York City, was among a group headed to the mess hall about 7:30 a.m. when he triggered a metal detector when passing through it, officials said.
Correction officers removed him from the line, and found he was holding a razor-type weapon in one of his hands. He then began to struggle with officers as they tried to determine what he had, said Bob Hartung, chief union sector steward at Great Meadow.
During the struggle, the prisoner repeatedly told the officers "I'm going to cut you (expletive)," Hartung said.
Linda Foglia, a spokeswoman for the state Department of Correctional Services, said Matthews was accused of having a Bic razor blade wrapped in cellophane.
He is being held in the prison's special housing unit pending disciplinary action on charges that include assaulting a staff member and possessing a weapon, Foglia said. The case will also likely be referred to the Washington County district attorney's office for possible criminal prosecution.
Matthews is serving a 12-year sentence on robbery, drug sale and contraband charges, corrections records show. He is eligible for parole in 2011.
Hartung said correction officers handled a similar situation with another inmate wielding a homemade knife on Jan. 26, though no one was hurt that time.
"This is what they (inmates) do," he said. "They either fight us or fight each other."
WILTON -- The state Department of Correctional Services recently cut about four inmate work crews at Mount McGregor Correctional Facility because of a lack of minimum-security inmates.
'We were sending out crews of three or four inmates when our standard is seven to 10,' said state Department of Correctional Services spokesman James Flateau. 'We consolidated the crews. We don't have enough inmates who are eligible to go out and work.
Flateau said Camp McGregor has 200 inmates and about 300 beds.
'It's what we've been talking about for more than a year,' he said. 'There are fewer inmates. We're really squeezing the sponge.'
The state plans to close Camp McGregor 30 days after its budget passes because of a declining population of inmates. Flateau said the statewide inmate population has fallen by 8,000 since 1999.
The Governor's Budget Office has said it will save $6 million if it closes the minimum-security camp. There are no plans to close the adjacent medium-security prison at Mount McGregor.
Assemblywoman Teresa Sayward, R-Willsboro, represents parts of northern Saratoga County and is the ranking minority member on the Assembly Corrections Committee. She said the state promised her that the number of inmates going out to work hasn't fallen. She was also promised that inmates are not being shipped out of the minimum-security camp.
Towns, villages, school districts, libraries and charities depend on work crews from Mount McGregor for chores like clearing trails, raking leaves, painting and moving. The crews were promised to communities in return for allowing the state to make the former hotel and tuberculosis sanitarium into a prison in the 1970s.
'We don't usually use them in the winter, but it is disturbing if they are cutting back,' Wilton Supervisor Arthur Johnson said of the work crews.
Flateau said the crews will still be able to do the same amount of work.Instead of two or three inmates working for a week, the town would get a crew of seven for two days.
'It's more efficient,' he said. 'Then the corrections officers who don't go out with a work crew can do other jobs in the facility, like fill in for officers who are on leave. It will cut down on overtime in the jail.'
Flateau said no guards have been transferred from Mount McGregor. But if the camp closes, the state would cut the jobs of 74 uniformed guards and 10 civilian workers.
Sayward and Assemblyman Roy McDonald, R-Wilton, said there is a lot of legislative support for keeping open Camp McGregor, which the state also proposed closing in 2004.
'It's like I said last year, this might become an annual fight for us,' McDonald said. 'But the team that fought it last year is still committed to keeping it open.'
Sayward has called on the state to spend $5 million on capital improvements at the facility, then find it a niche in the new downsized prison system. It could possibly serve as a drug treatment facility.
Flateau said that if the camp closes completely, the work crews will remain. The state would switch to medium-security inmates, he said.
Subject: NYS Senator George H. Winner, Jr.'s "Senate Insider"
Dear Friend:
This week's new action in the State Legislature focused on an old issue: New York State's death penalty.
As you may remember, New York State restored its capital punishment statute in 1995, following an 18-year battle when death penalty legislation was annually approved by the Legislature, but then vetoed every year by New York State's governor.
I was a strong supporter of the death penalty throughout all those years, and I still am. I simply believe that it's been an important component of our criminal justice system, and a deterrent to violent crime. I believe that juries should have the option of a death sentence in cases of some of our worst and most heinous crimes.
In June 2004, the state's highest court, the Court of Appeals, ruled the 1995 death penalty statute unconstitutional. This week in the Senate, my colleagues and I, by a vote of 37-22, addressed last year's Court of Appeals decision by approving legislation to reinstate the death penalty.
Governor George Pataki has said he will sign this legislation into law, but before he can do that, the state Assembly must approve it. For its part, Assembly leaders have held public hearings and it remains unclear whether the full Assembly will be allowed to vote on the measure.
So that's where we find ourselves: waiting for the Assembly to act and, in the meantime, without a death penalty statute in New York State.
My web site, www.senatorwinner.com, provides additional details on this week's Senate action. See the "In The News" and "Senator George H. Winner, Jr. Reports On" sections of the site. Following this week's vote, the Senate launched a new web site, www.DeathPenaltyNY.com, providing an online petition for those who favor the death penalty to register their support. You can access this petition through my web site. The death penalty debate used to generate a great deal of constituent input, and since it's been so long since we've revisited this issue in this way, I thought some of you might want to renew your position.
Finally, I'd like you to know that state budget negotiations will accelerate next week as the Senate and Assembly vote on our respective state budget proposals and then convene joint conference committees to meet in public and attempt to settle our differences. Our overriding goal remains fixed on an on-time budget, and I remain cautiously optimistic that we can get a final budget in place by April 1st. Some important, timely agreements have been reached in recent days, but there remain some very difficult issues to settle.
I'll look forward to keeping you updated on our progress, and I hope that you'll visit my web site from time to time for next week's breaking news.
Thank you for your continued interest in the Senate Insider.
Sincerely,
NYS Senator George H. Winner, Jr.
53rd District
Opinion: Death penalty decision
Do you believe New York state's death penalty helps prevent violent crime? Or maybe more to the point: Do you believe juries should have the option of imposing a death sentence for our worst murderers? Is the death penalty the only true justice for the families of the victims of these crimes?
These questions help frame a debate we're facing, again, in the state Legislature.
It's an old struggle. The first time New York's highest court, the Court of Appeals, struck down our state's death penalty was 1977. That decision began an 18-year effort by the Legislature to reinstate the statute. I remember it well. Before my election to the Senate last year, I served in the Assembly for 26 years. My first year in the Assembly was 1979. Both houses of the Legislature overwhelmingly approved legislation restoring the death penalty, and Gov. Hugh Carey vetoed it. This same scenario played out, every year, for the next 15 years, with former Gov. Mario Cuomo issuing the vetoes after Gov. Carey left office in 1980.
I was a strong supporter of the death penalty throughout that time. The vast majority of state legislators were. Public opinion favored the death penalty. In November 1994, George Pataki defeated Mario Cuomo to become New York's 53rd governor. The following year, 1995, the first new law enacted by Gov. Pataki reinstated the death penalty.
In 1994, the year before the death penalty was reinstated, New York was the sixth most violent state in the nation. Since 1995, New York has become the least-violent large state in America, and the seventh safest state overall. Our violent crime rate is down more than 50 percent. The death penalty isn't the sole reason for this remarkable turnaround, but throughout the era of falling rates of violent crime, the death penalty has existed as a key weapon in our criminal justice arsenal. I believe it's loomed as a powerful deterrent to violent crime. New York state has a death penalty, and you can bet criminals know it.
Or they did, until last June, when the Court of Appeals ruled the 1995 death penalty statute unconstitutional in a case involving a death-row inmate. The court's decision focused on a provision of the 1995 law requiring judges to tell jurors in a capital case that if they deadlocked and failed to reach a verdict, the judge would impose a sentence that would leave the defendant eligible for parole after 20-25 years. The court feared this provision could coerce some jurors into supporting a death sentence only because they feared the defendant could be released from prison in the future. In their decision, the judges called this an "unconstitutionally palpable risk" and a violation of the state's constitutional guarantee of due process of law.
So we're back to 1977 - no death penalty in New York state. The Legislature has to act to reinstate it. The Senate has approved legislation I co-sponsored to restore the death penalty. Gov. Pataki's ready to sign it into law, but he can't until it's also approved by the Assembly. The Assembly has been holding public hearings. To no one's surprise, these hearings have provided forums for death penalty opponents. So now there's some question whether the Assembly leadership will allow a vote on legislation reinstating the death penalty.
This can't be decided with facts and figures. Both sides of the debate can produce arguments and statistics to convincingly support their positions. It comes down to a personal decision of belief. Do you believe the death penalty is a deterrent to violent crime? Do you believe our very worst killers should face the penalty of death themselves?
We're waiting on the Assembly.
For those who favor the return of the death penalty in New York state, a new Web site, www.deathpenaltyny.com, is currently offering an online petition to register support for restoring it. This Web site also provides additional information and updates on future legislative action.
George Winner, R-Elmira, is a state senator.
DA: 'Criminal Stupidity' In Corrections Case
The High Price of TattoosWWNY-TVOgdensburg, NYUSA - St. Lawrence County's district attorney says two corrections officers showed 'criminal stupidity' when they allegedly helped an inmate smuggle tattoo equipment into the Ogdensburg Correctional Facility. Steven Mills and Daniel Miller have both resigned from their jobs at the medium security prison, and both face charges.
Mills, 47, of Ogdensburg, is charged with receiving a bribe, being rewarded for official misconduct and promoting prison contraband.
Miller, 38, of Lisbon, is charged with official misconduct and criminal facilitation.
Mills and Miller allegedly helped an imate smuggle in both tattoo equipment and a martial arts handbook.
The payoff? Both men got tattoos of their wives' names on their arms and chests.
The contraband was discovered during a cell search, and the inmate turned on the guards.
District attorney Gary Miles points out the tattoo needles are a threat in a prison.
"They're dangerous," Miles said. "They can easily be used as a weapon."
The corrections officers could face jail time, if convicted.
The inmate was transferred to Gouverneur Correctional Facility and placed in solitary confinement for 90 days.
The state Department of Corrections declined comment.
Saturday, March 12, 2005
Lawyer: Weigh reasons for attack
Inmate accused of stabbing prison officer
By Larry Fisher-Hertz
Poughkeepsie Journal
A lawyer representing a prison inmate accused of stabbing a corrections officer asked a jury Friday to consider the circumstances leading up to the attack before deciding on his client's guilt or innocence.
''This is not a 'whodunit,' '' Senior Assistant Public Defender George Hazel told the jurors as Corey Ford's assault trial opened in Dut-chess County Court. ''This is a 'why was it done?' ''
Hazel told the nine-man, three-woman jury Ford and Corrections Officer Matthew Miller ''didn't hit it off'' from the time his client first arrived at Green Haven Correctional Facility in Stormville nine days before the alleged attack.
Ford, 31, a former City of Poughkeepsie resident, is accused of throwing hot oil in Miller's face inside a cell block at Green Haven, then stabbing the officer several times with a 9-inch steel shank. The alleged attack took place April 14.
Ford is serving a 12 1/2- to 25-year sentence for his role in the murder of a man in Poughkeepsie 10 years ago.
In his 10-minute opening statement to the jury, Senior Assistant District Attorney Frank Petramale said it was Miller's job to enforce the rules of the prison, and ''Ford did not want to abide by those rules.''
Petramale said he was prepared to prove Ford had rushed out of his cell in the the prison's G Block as his cellmate, Shawn Harris, was being let back in.
''(Ford's) opportunity to strike has arrived,'' the prosecutor said, ''and he takes that opportunity to attack Matt Miller.''
Petramale said evidence would show Ford was carrying a can containing hot oil and he threw the oil into the side of Miller's face, then stabbed him with a sharpened steel rod.
Ford is charged with one count of attempted first-degree assault, two counts of second-degree assault, two counts of criminal possession of a weapon and one count of promoting prison contraband, all felonies.
Life sentence possible
If convicted of the top counts of the indictment, he faces a possible life sentence because he has been convicted of violent felonies on two previous occasions.
Ford was convicted of kidnapping in 1995 for his part in the torture and murder of a man in the City of Poughkeepsie. A Bronx man, Jasper Genyard, was convicted of second-degree murder.
The victim, Charles Colton, was beaten, stabbed and shot while he was tied up in the basement of a house in the city, then stuffed into the trunk of a car and dumped along the Taconic State Parkway in East Fishkill. The attack took place Dec. 30, 1994. Colton's body was found Jan. 1, 1995.
Larry Fisher-Hertz can be reached at [email protected]
Trial Monday
The trial of prison inmate Corey Ford is scheduled to continue Monday before Dutchess County Court Judge Gerald V. Hayes in the county courthouse in downtown Poughkeepsie.
A Green Haven (New York) state prison inmate was found guilty of burning and stabbing a prison officer.
A jury found 31-year-old Corey Ford guilty of six felony charges brought against him after the attack on Corrections Officer Matthew Miller. Ford could face life in prison when he's sentenced on May 12th.
Ford is currently serving 12 to 25 years for his role in the December 1994 murder of 35-year-old Charles Colton, who was tied up, stabbed and shot in the basement of a house in Poughkeepsie. His body was dumped along the Taconic Parkway in East Fishkill.
In last year's attack, Ford doused Miller with hot oil and stabbed him three times with a shank as the correction officer was signing a pass for another inmate to leave a cell block.
A father and son, both corrections officers at the Albion Correctional Facility, were arrested Wednesday night after the son had sexual contact with an 18-year-old inmate and the father threatened her if she cooperated with authorities, State Police investigators reported.
Aaron S. Sklener, 33, of Barnum Road, Akron, was charged with two misdemeanors - second-degree sexual abuse and official misconduct.
His father, James F. Sklener, of Genesee Street, Corfu, was charged with felony third-degree intimidating a victim or witness and misdemeanor official misconduct.
Aaron Sklener has been an corrections officer for six years, his father for 19 years.
This is the second time in two weeks that corrections officers at the medium-security prison for women have ended up on the wrong side of the law.
On March 19, Robert Greiner, 36, of Simms Road, Lockport, was among 25 people arrested in an operation targeting a multimillion-dollar cocaine and methamphetamine drug ring.
Greiner, described as a key cocaine distributor, was charged with possession with intent to distribute 5 kilograms or more cocaine and 500 grams of methamphetamine, plus conspiracy.
Linda Foglia, a spokeswoman for the state Department of Correctional Services in Albany, said Thursday that the Skleners have been suspended without pay and corrections authorities are seeking to fire them.
She said Greiner, a corrections officer for 5 years, was on an unpaid leave of absence at the time of his drug arrest and has failed to return telephone calls from the department so officials can take action against him.
"Any inappropriate conduct, whether on or off duty, is simply unacceptable," Foglia said. "Any staff involved in any wrongdoing will face departmental charges, and we will strongly support their criminal prosecution."
Investigator Michael Notto and Darryl O'Shei of the State Police Criminal Investigation Bureau and officers of the Department of Correctional Services inspector general's office investigated the Skleners.
Aaron Sklener is accused of contact with the inmate early this month in a dormitory of the prison where he was supervising.
"He touched her in an intimate area," Notto said. "Because she is incarcerated, she can't consent to any sexual acts with a corrections officer. . . . She came forward, and so did other inmates."
When Sklener's father learned about the investigation, troopers said he began threatening the woman.
"He called her into the hallway and made threats in an attempt to coerce her into not cooperating with the investigation," Notto said. "He made threats implying that if she cooperated, he would retaliate against her."
The Skleners were arrested at about 7:30 p.m. at their homes. Aaron Sklener was arraigned in Albion Town Court and released on his own recognizance, while his father was issued an appearance ticket. Both are due back in court April 21.
Correction officers' group seeks $100M, saying it lost benefits after making problems public
ALBANY -- A 23,000-member correction officers union is suing the state for $100 million, claiming 12 contractual employee benefits have been rescinded as payback for going public about bad working conditions.
The complaint was filed Friday in U.S. District Court by Richard Harcrow, who is president of the New York State Correctional Officers & Police Benevolent Association.
The 15-year veteran of Attica Correctional Facility also is requesting a jury trial on freedom of speech and association violations, and selective prosecution.
Harcrow claims that on April 1, 2003, the state terminated a range of benefits that had been in place for more than 20 years when the current contract expired.
He said all items should have remained in place until the new contract was negotiated.
Lost perks include employee organizational and union leave; funding for committees that address union health and dental plans, management/union relations; and training and education, documents said.
Nothing that was said publicly endangered the security of the state's prisons, Harcrow said: "If anything, such constructive criticism was more likely to improve the delivery of services by the State and DOCS to the correctional facilities and, thereby indirectly, to the public."
When he was elected president in 2002, Harcrow said he hired a public relations firm to get word out about problems his members faced and the criticism he felt the state system deserved.
He rapped his employers in an Aug. 20, 2002, Glens Falls Post-Star story about inadequate staffing: "We're not paid to get stabbed or slashed. Our prisons are at bare bones. We need more officers so we can run them safely."
An Aug. 28, 2002, Utica Observer-Dispatch article had Harcrow pushing for a better contract in the months before its expiration: "We're going to let the public and the Legislature know what is going on inside. ... There is no incentive (to become a correction officer). I'm the union president and I tell them, 'You don't want this job.' "
And in a Buffalo News story from Sept. 23, 2002, Harcrow accused prison administrators of giving "more concern, consideration and rights to inmates -- the convicted felons that society saw fit to remove from our streets -- than the loyal and dedicated men and women who patrol our prisons."
DOCS spokesman James Flateau had a different take on the lawsuit, suggesting it is a publicity vehicle for Harcrow. Union elections are in May.
"This department has never taken action against anyone," Flateau said. "If we took away something that was contractual, where are the grievances?"
Harcrow's lawsuit, however, rips Gov. George Pataki's Office of Employee Relations for refusing to accept union grievances.
"Very often, when Harcrow and company speak, they do great harm to our employees by the misstatements and incorrect information they put out there," Flateau said. "They are often their own worst enemy."
Two inmates were convicted last week for their roles in an elaborate plot to break them out of Sing Sing dressed as correction officers.
The plan was to drop off uniforms for inmates Nicholas Zimmerman and Steven Finley an hour or so before an afternoon shift change so that they could blend in with correction officers leaving the prison.
Three times in April and May 2003, the inmates' associates went to Sing Sing dressed as correction officers but could never pull off the jailbreak.
The jury deliberated for 2 1/2 days before finding both men guilty of attempted escape in the first degree, promoting prison contraband and other charges. Additionally, Zimmerman was found guilty of attempted bribery.
April 15, 2005, 8:26 AM EDT
AUBURN, N.Y. -- A prison teacher was charged with trying to hire someone to kill another man.
Daniel P. Crosby, 40, of Auburn, was arrested at the Auburn Correctional Facility, where he worked in the pre-General Equivalency Diploma program. He was charged with second-degree criminal solicitation, a felony punishable by up to seven years in state prison.
State police said the intended victim was a 28-year-old man with the initials "MAS," but withheld other details of the case.
Crosby was arraigned Thursday and ordered held in the Cayuga County Jail on $25,000 cash bail or $50,000 bond.
Department of Correctional Services spokeswoman Linda Foglia said her department will seek to have Crosby dismissed from his $47,056-a-year full-time job. Crosby has worked for the prison system since November 1994, she said.
Copyright (c) 2005, The Associated Press
Gut feeling leads firefighter to get family out of house, then he finds convicted murderer hiding upstairs
First published: Wednesday, April 27, 2005
ALBANY -- When Patrick Landers saw a helicopter overhead and unmarked police cars racing through his Pine Hills neighborhood Monday afternoon, his thoughts drifted to his wife and kids at home a few blocks away.
"I knew something was up," he said.
Then a buddy told him about the guy who'd just escaped from nearby Albany Medical Center Hospital. Landers, a city firefighter for 17 years, was on his cellphone immediately.
He called his wife, Bea. She was at baseball practice with their teenage son, a block from home. Their 12-year-old son and 8-year-old daughter were at the Park Avenue residence studying, she told him.
Get home.
"I just had a gut feeling," Landers said.
The kids were fine, but Landers met his wife there and asked her to take them back to the ball field as a precaution.
He stayed behind and looked around, but found nothing suspicious. He was about to walk out the door when it hit him. An ashtray that his wife always leaves in the foyer was gone. She goes out there to smoke, away from the kids.
Landers started up the stairs of their two-family home. They own the whole building, but have been living on the first floor while he renovates the upstairs.
He dialed his wife again as he climbed. Then he spied a brass lock. It was next to his table saw, in the middle of the upstairs living area. "Yale" was stamped on the side and it looked old-style, government issued. He found the ashtray, dumped on the floor of a bathroom.
"It sort of confirmed my suspicions," he said.
A walk-in closet in a large bedroom was the last place Landers looked. Rimell Mitchell, who is serving a sentence of 21 years to life for a robbery and murder in Queens, was on the other side of the door. He'd managed to break his shackles and was clutching a 20-inch framing hammer. Landers pushed open the door.
About an hour earlier, Mitchell had been under guard in a stand-alone building at Albany Medical Center Hospital. State prison inmates are shuttled in and out of the brick building for treatment, and Mitchell had been brought there early Monday from Upstate Correctional Facility, a maximum security prison near the Canadian border in Malone.
Mitchell, 26, was never alone, but the layout of the building apparently left him out of sight of the correction officer watching him. He climbed through a ceiling tile and scurried along the roof to make his escape, according to law enforcement sources.
In a parking garage nearby, Mitchell tried to overpower a driver. He then broke into an empty car and stole a cellphone. Authorities think he managed to shuffle across the sprawling hospital complex -- still shackled -- before making his way into Landers' home a couple blocks away.
Mitchell's had so many scuffles in prison over the past five years -- attacking guards and other inmates, officials said -- that he's scheduled to be held in a special housing unit until at least 2010.
But he was no match for Landers, a former Coast Guardsman who can bench press 400 pounds and left more than his share of sweat and blood on the gridiron and wrestling mats at Albany High School.
When the scuffle started, Landers was still holding his cellphone, unaware his wife was on the other end. He threw a punch into Mitchell and quickly smothered him on the floor. As he lay on top, Landers dialed his friend, Albany Police Officer John Coleman, hoping he was in the neighborhood.
He and his wife both then called a police dispatcher.
Sirens resounded across the neighborhood. Landers said he could feel Mitchell getting restless in his grip. The inmate pleaded with him for freedom.
Finally, Landers said he pulled a utility knife off his belt and held it to Mitchell's throat, slowly walking him downstairs and into the waiting arms of cops.
Landers was reluctant to share his story Tuesday, but city leaders summoned him to a news conference.
James B. Flateau, a spokesman for the state Department of Corrections, said Mitchell was returned to prison and faces criminal charges in connection with the incident. Investigators are still piecing together what went wrong, he said.
"We've had a long and positive relationship with Albany Med, and we will investigate what happened here to ensure it doesn't happen again," Flateau said.
After Mitchell was recaptured, Landers found out he'd had a box cutter hidden in his pocket and had been wearing a jean jacket that belongs to Landers' oldest son.
"After it was all over, it was kind of anti-climactic," said Landers, 43. "I was like, now what do I do?"
The union representing corrections officers in a Livingston County state prison is calling for a lockdown after dozens of sharp metal objects were found in a recreational area.
Joseph Green, a business agent for the New York State Correctional Officers & Police Benevolent Association, said 29 metal objects were recently found at the Livingston Correctional Facility in Groveland.
"This is an indication we may be facing a mass violence situation," Green said from his office in Lancaster, Erie County. "It's very alarming . ... We want to determine where these weapons came from, who is involved and to what extent."
He said 14 of the metal objects were discovered bundled together in the padding of a basketball support pole in a common area.
It's not known who put them there.
In addition, Green said he's troubled that 28 positive urine tests indicated drug use among inmates so far this year at the facility.
"It's very, very tense," Green said.
State Corrections spokesman James Flateau said officials believe the metal objects were handles from paint cans that were recently brought into the prison. The handles were supposed to be taken off in advance but were not.
"It was a good find by the officers. They do a good job of finding contraband," Flateau said.
"The superintendent reminded people that there was a procedure and they should follow it."
Flateau said the prison will not undergo a lockdown, during which inmates are restricted to their immediate living quarters while an extensive search is conducted.
"You find weapons in every prison," Flateau said. "All the weapons were found in one location, so probably only a couple inmates put them there. If you lock down the whole prison for the actions of a couple, you could have a whole lot of upset inmates that feel you are taking it out on them.
"That can very often cause more problems for staff."
Livingston Correctional Facility, with 874 inmates and 225 corrections officers, is next to the Groveland Correctional Facility. Both are medium security prisons.
Livingston, however, formerly was used exclusively for drug treatment, with inmates sent out on work release.
Flateau said more traditional inmates have been assigned to Livingston "and some staff at the prison don't like the changeover.
"But the future of the Livingston Correctional Facility is a medium security traditional prison," Flateau said.
"That requires increased vigilance."
Hopefully this will shed some light on the DROP Plan.
Once you attain 25 years of creditable service for retirement purposes you can "opt" into the DROP Plan.
As currently written you can opt in from 1-5 years.
You will receive 50% of any raise for the 1-5 year opt in period multiplied by your life expectancy.
If you should become disabled or die the current benefits apply.
If you do not fulfill your obligation you receive 50% of your FAS at that time... (meaning you are not locked into the 50% FAS at 25 years)
EXAMPLE: Upon 25 years of creditable service you are age 50 and decide to opt into the DROP Plan for 5 years. The raises for the five year period total $8,000. You will receive 50% or $4,000 multiplied by your life expectancy. For arguments sake say it is age 75 or 20 years (55 + 20 = 75). $4,000 multiplied by 20 equals an $80,000 lump sum! This money can also be rolled over into other similar tax deferred accounts such as an IRA or Deferred Comp.
Of course there are some negative points:
You must pay taxes;
If withdrawn before age 59 1/2 there is an additional 10% penalty (just like other IRAs); and
You retirement is reduced permanently for your life ($4,000 annually or $333 per month).
This is how it is CURRENTLY written... If you have any thoughts on how to make this a better benefit I'm sure we would all like to hear from you...
Darren
BILL TEXT:
STATE OF NEW YORK
________________________________________________________________________
4159
2005-2006 Regular Sessions
IN SENATE
April 11, 2005
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the retirement and social security law, in relation to
the establishment of a deferred retirement option plan for certain
employees of the department of correctional services and the office of
mental health
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The retirement and social security law is amended by adding
2 a new article 14-C to read as follows:
3 ARTICLE 14-C
4 DEFERRED RETIREMENT OPTION PLANS
5 Section 570. Deferred retirement option plan payable to certain person-
6 nel.
7 § 570. Deferred retirement option plan payable to certain personnel.
8 a. Deferred retirement option plan. The deferred retirement option
9 plan, (hereinafter referred to as "DROP"), is a retirement plan under
10 which an eligible member may elect to participate, deferring receipt of
11 retirement benefits while continuing employment with the department of
12 correctional services or the office of mental health. For the purposes
13 of this section, "eligible members" are any members employed as officers
14 or employees holding the titles hereinafter set forth in institutions
15 under the jurisdiction of the department of correctional services or
16 under the jurisdiction of the office of mental health, namely:
17 correction officers, prison guards, correction sergeants, correction
18 lieutenants, correction captains, deputy assistant superintendent or
19 warden, deputy warden or deputy superintendent, superintendents and
20 wardens, assistant director and director of correction reception center,
21 director of correctional program, assistant director of correctional
22 program, director of community correctional center, community correc-
23 tional center assistants, correction hospital officers, male or female,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09343-01-5
S. 4159 2
1 correction hospital senior officers, correction hospital charge officer,
2 correction hospital supervising officer, correction hospital security
3 supervisor, correction hospital chief officer, correction youth camp
4 officer, correction youth camp supervisor, assistant supervisor, correc-
5 tional camp superintendent, assistant correctional camp superintendent,
6 director of crisis intervention unit, assistant director of crisis
7 intervention unit, security hospital treatment assistants, security
8 hospital treatment assistants (Spanish speaking), security hospital
9 senior treatment assistants, security hospital supervising treatment
10 assistants and security hospital treatment chiefs. Upon commencement of
11 the DROP period, the eligible member's monthly retirement benefit with-
12 out optional modification shall be calculated and fixed as if the date
13 of retirement was the effective date of entry into the DROP. Upon
14 completion of the DROP period, the eligible member may elect an optional
15 form of payment and shall receive such calculated and fixed monthly
16 retirement benefit as adjusted for optional modification if the member
17 so chooses plus an actuarially determined lump sum benefit as provided
18 in subdivision d of this section.
19 b. Participation in DROP. Any eligible member who is employed by the
20 department of correctional services or the office of mental health and
21 qualifies to retire by virtue of having completed twenty-five years of
22 total creditable service without regard to age may elect to participate
23 in DROP.
24 c. Election in DROP. Such election must be on a form supplied by the
25 retirement system and may be for any period of time not less than twelve
26 months or more than sixty months in duration. Any eligible member who
27 elects to participate in DROP is considered retired although employment
28 continues, except for retirement system purposes which shall consider
29 the eligible member's date of retirement the day following the expira-
30 tion of the DROP period. Upon expiration of the time period selected by
31 the eligible member, such member's participation in DROP shall termi-
32 nate.
33 d. Benefits payable under DROP. (1) Effective with the date of partic-
34 ipation in DROP, the eligible member's normal service retirement benefit
35 shall be calculated and fixed, using creditable service and final aver-
36 age salary as if the effective date of retirement was the date of entry
37 into DROP. In addition to this normal service retirement benefit, the
38 eligible member shall receive an actuarially determined lump sum benefit
39 which shall be equal to the difference between the actuarial present
40 value of the pension benefit without optional modification which the
41 eligible member would have received had he or she not opted to partic-
42 ipate in DROP and retired on the date the DROP period terminated, and
43 the actuarial present value of the pension benefit without optional
44 modification which the eligible member would have received had he or she
45 retired upon commencement of the DROP. The mortality and interest rates
46 used in determining actuarial equivalence shall be those in effect for
47 this purpose on the date the DROP period terminates. The eligible member
48 shall, however, elect his or her actual method of payment of the lump
49 sum benefit as provided in subdivision e of this section at the
50 completion of the DROP period.
51 (2) If the eligible member dies prior to completion of the period of
52 participation in DROP, the eligible member shall be treated as if such
53 DROP election did not exist. In lieu of the DROP payment, a death bene-
54 fit shall be payable consistent with the terms of this chapter and all
55 salary and service reported for such eligible member during the DROP
S. 4159 3
1 period shall be considered in calculating the eligible member's death
2 benefit.
3 (3) If the eligible member is approved for disability benefits
4 provided by this chapter during the DROP period, the eligible member
5 shall be treated as if such DROP election did not exist. In lieu of the
6 DROP payment, a disability retirement benefit shall be payable consist-
7 ent with the terms of this chapter and all salary and service reported
8 for such eligible member during the DROP period shall be considered in
9 calculating the eligible member's disability retirement benefit.
10 (4) If an eligible member otherwise fails to complete his or her peri-
11 od of service as elected pursuant to subdivision c of this section, the
12 eligible member shall be treated as if such DROP election did not exist.
13 In lieu of the DROP payment, the normal service retirement benefit shall
14 be payable consistent with the terms of this chapter and all salary and
15 service reported for such eligible member during the DROP period shall
16 be considered in calculating the eligible member's service retirement
17 benefit.
18 (5) If an eligible member remains employed after his or her partic-
19 ipation in DROP is terminated, such member shall forfeit all DROP bene-
20 fits and continue employment as if such DROP election did not exist.
21 Such member shall then be eligible to elect DROP consistent with the
22 terms of this section.
23 (6) If an eligible member is approved for disability benefits after
24 benefits payable pursuant to DROP have been paid, the eligible member
25 may elect to receive the disability benefits in lieu of DROP benefits,
26 but such disability benefits must be actuarially adjusted for any bene-
27 fits paid under DROP.
28 e. Method of payment. At the conclusion of the member's participation
29 in DROP, the retirement system shall pay the deferred service retirement
30 benefits in one of the following methods as elected by the member:
31 (1) Lump sum. All accrued DROP benefits, plus interest, less withhold-
32 ing as required by the internal revenue service, shall be paid to the
33 DROP participant or eligible beneficiary or as otherwise determined by
34 operation of law;
35 (2) Direct rollover. All accrued DROP benefits, plus interest, shall
36 be paid from the retirement system to a custodian of an eligible retire-
37 ment plan or other eligible plan or account as provided pursuant to the
38 internal revenue code as directed by the member or eligible beneficiary;
39 or
40 (3) Partial lump sum. A portion of the DROP benefits shall be paid to
41 the DROP participant or eligible beneficiary, less withholding required
42 by the internal revenue service and the remaining DROP benefits may be
43 rolled over as otherwise permitted by the internal revenue code.
44 For the purposes of this subdivision, the term "eligible beneficiary"
45 is one who qualifies to rollover benefits from a qualified defined bene-
46 fit plan to another eligible plan or account as provided by the internal
47 revenue code.
48 The forms of payment provided by this subdivision must comply with the
49 minimum distribution requirements of the internal revenue code.
50 f. Regulations. The comptroller shall prescribe such regulations as
51 may be required for the effective administration and implementation of
52 the provisions of this section.
53 § 2. The past service costs attributable to the operation of this act
54 shall be paid by the state of New York and may be paid in five annual
55 installments commencing with the fiscal year ending 2006.
56 § 3. This act shall take effect immediately.
S. 4159 4
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow State Correction Officers and Security Hospital
Treatment Assistants to elect to participate in a cost neutral Deferred
Retirement Option Plan (DROP), deferring receipt of retirement benefits
while continuing their current employment. The features of this DROP
are:
1. Members may elect to participate in the DROP upon the attainment of
retirement eligibility.
2. The service retirement benefit shall be fixed at the commencement
of DROP participation.
3. The NYS&LERS shall consider DROP participants active members, and
annual employer contributions shall continue to be made on behalf of
such members.
4. The length of participation in the DROP must be specified at the
time of election, and may not be less than 1 year, nor exceed 5 years.
However, if the affected member should leave employment before or after
the scheduled DROP termination date, such member shall forfeit all DROP
benefits, and shall be treated as though there were no DROP election.
5. If an affected member should die or become disabled during the DROP
period, such member would be treated as though there were no DROP
election.
6. Upon termination from DROP, such participants shall begin to
receive their previously determined pensions with optional modification.
They shall also receive a lump sum payment which will be calculated as
the present value of the pension which would have been payable at the
termination of DROP had DROP not been elected, reduced by the present
value of the pension which would have been payable at the commencement
of DROP.
If this bill is enacted, there will not be any increases in employer
contributions for employers in the New York State and Local Employees'
Retirement System. This is due to the requirements that the lump sum
payments be determined on an actuarially equivalent basis.
This estimate, dated January 24, 2005 and intended for use only during
the 2005 Legislative Session, is Fiscal Note No. 2005-125, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.
of murderer spurs Albany Med to enforce its regulation demanding a pair of cops for each convict
BY RENDAN LYONS, Staff writer
First published: Saturday, April 30, 2005
ALBANY -- Inmates brought to Albany Medical Center Hospital for treatment will be guarded by at least two correction or police officers following the escape earlier this week of a convicted murderer. Albany Med already had a policy requiring two officers per inmate, but lax enforcement of the rule by hospital officials and law enforcement agencies apparently was a factor in 26-year-old Rimell Mitchell being able to climb through a ceiling and shuffle across the sprawling center's bustling complex. His escape Monday set off a massive dragnet. But he got such a jump on authorities that he was already outsi! de the perimeter they had set up when guards realized he was gone.
Mitchell attempted a carjacking before breaking into another vehicle in a parking garage and stealing a cellphone, police said. Several hospital workers, who spoke on condition of anonymity, said it was common to see inmates being shuttled through hospital corridors with only one correction officer watching them -- sometimes from a distance. In addition to inmates who are brought there for out-patient treatment, there also is a special tier where inmates are kept who are in need of extended care.
"How it happened and all that is interesting," said Greg McGarry, a hospital spokesman. ... But I think the bottom line is that a shackled inmate convicted of murder was free for some time and how is it he was able to get away from guards. "Mitchell climbed through a ceiling in a small building next to the hospital that's used as a holding cell by state correction officers. He was under guard at! the time of the escape, but the correction officer assigned to watch him apparently didn't see him escape. It took officers more than 30 minutes to realize he was gone, and another 15 minutes to notify State Police, city police and hospital security staff, according to officials involved in the manhunt. McGarry declined to talk about the hospital security director's decision this week to notify law enforcement agencies about the facility's intention to enforce the long-standing policy. "I'm sure he's not going to make those conversations public," McGarry said.
"The (hospital's) concern is if someone is guarding an inmate, why would one allow an inmate to get out of sight. I don't know what happened, but we want to know what happened and what's being done to correct it. "State corrections officials will no longer comment on the incident. They said an internal investigation is under way. Mitchell was captured by an off-duty city firefighter, Patrick Landers, who went home to check ! on his family after learning of the escape. Landers confronted Mitchell in an upstairs closet inside his two-story home and then held him at bay with a utility knife until police arrived. Later that day, maintenance workers from state corrections were sent to the hospital to seal off the roof through which Mitchell made his escape.
Schenectady Sheriff Harry Buffardi was among those contacted this week by John Heritage, Albany Med's security director. "I don't object to it from a security standpoint; what's uncomfortable is the cost," Buffardi said. "I've got two inmates there now, so I've got four staff members there. "Buffardi said he'd always assigned one officer to each inmate transported to a hospital. In some instances, correction officers are assigned to inmates who are in such poor health they are incapacitated and bedridden. Now, even those inmates will require two guards, he said. Inmates from across upstate New York are regularly treated at Albany Med, including some ! of the most hardened criminals from upstate's maximum security prisons. Mitchell was returned to Upstate Correctional Facility in Malone, where he's serving a sentence of 21-years-to-life for murder and robbery. He will face charges in connection with Monday's escape, authorities said.
Legislation would establish process to identify likely repeat sex offenders
Albany, N.Y.-- "We are letting sexually violent predators out of jail, even though we know they haven't been rehabilitated and are very likely to commit sexual violence again," State Senator George H. Winner, Jr. (R-C, Elmira) said yesterday as he joined forces with Elmira native and current Westchester County District Attorney Jeanine Pirro and Senate colleagues to urge Assembly action on legislation to keep sexually violent predators off the streets for longer periods of time through a process known as "civil confinement."
Pirro, a nationally reknown sex crimes prosecutor, visited the Capitol to deliver petitions containing more than 4,000 signatures in support of the legislation to Assembly Speaker Sheldon Silver. The civil confinement legislation, co-sponsored by Winner and approved with overwhelming bipartisan support earlier this year in the Senate, is backed by Governor George Pataki.
"These predators pose a serious threat to our communities, and they should be kept confined until we’re certain they’ve been treated and no longer endanger our children or anyone else," said Winner, noting that 16 states currently have laws authorizing the civil confinement of sexually violent predators.
"Shame on the Assembly," Pirro said. "Make no mistake. These people are coming out, and they're walking freely among us."
The legislation Winner co-sponsors is modeled after a state of Kansas statute which has been upheld by the United States Supreme Court. It provides a comprehensive framework for identifying, evaluating and civilly committing sexually violent predators that extends the full complement of constitutional due process protections to those against whom sexually violent predator petitions are brought. It would establish a state-level panel to conduct evaluations, including psychiatric examinations, to determine whether a sex offender about to be released from prison is a "sexually violent predator" who should remain confined. Sexually violent predators are identified as sex offenders with mental abnormalities or personality disorders that make them likely to engage in repeated acts of sexual violence. Currently in New York State there is no statutory authority to civilly confine sexually violent predators to secure facilities after they serve their criminal sentences.
Winner noted rising local concern over the dangers posed by repeat sex offenders. He pointed to a case in Yates County earlier this year where a registered Level 3 sex offender, New York’s highest level of sex offender classification, with a history of violent sex offenses, was arrested and charged with the rape and kidnapping of a Penn Yan-area woman. The attack took place in early February while the suspect was on post-release supervision. Last month an Elmira city councilman warned of what he called an alarming influx of sex offenders moving into the city. Last week a public meeting was held in Beaver Dams, Schuyler County, to address concerns about registered sex offenders living in the community.
The Senate recently began holding public hearings on ways to strengthen the state’s decade-old Sex Offender Registration Act commonly known as "Megan’s Law." Some of the issues being examined by the Senate include lifetime registration of sex offenders; global positioning system (GPS) tracking of sexual predators; mandatory community notification to help ensure parents know when a sex offender is living in their neighborhood; and posting of information for all levels of registered sex offenders on the state Division of Criminal Justice Services (DCJS) web site. The Senate is looking to approve comprehensive legislation strengthening Megan’s Law before the end of the current legislative session in June.
There are currently 20,538 people listed on the state’s Sex Offender Registry. According to the DCJS, as of April 2005, the following number of sex offenders were registered in area counties: Chemung (141); Schuyler (31); Steuben (192); Tompkins (87); and Yates (44).
"We must have a process to identify and, if necessary, confine sexually violent predators before they’re sent back into the community," said Winner. The state-level panel created under the legislation to identify sexually violent predators would make recommendations to the state attorney general, who would then initiate court hearings to make civil commitment determinations. Sexually violent predators sentenced to civil commitment would be confined in a secure facility, separate from criminal offenders, for care, treatment and control, and reevaluated annually.
Recidivism rates for persons who commit sexually violent offenses are extraordinarily high. According to the New York State Department of Correctional Services, from 1986 through 1995, approximately 49 percent of sex offenders who were released from New York prisons were returned to prison for a violation of parole or for committing a new crime.
New York State
Department of Correctional Services
Glenn S. Goord, Commissioner
Public Information Office
[518] 457-8182
www.docs.state.ny.us
For immediate release:
Tuesday, April 12, 2005
ELMIRA INMATE FOUND DEAD IN PRISON INFIRMARY
Elmira Correctional Facility inmate David C. Strait, 42, was found hanging in his single-occupancy room in the prison infirmary at 7:50 a.m. today.
The inmate's single-bed had been turned up on end. A bed sheet was tied to the metal bed frame and then around the neck of the inmate, who was slumped against the bed. He was pronounced dead at 8 a.m. by facility medical staff.
As with all inmate deaths, the incident is being investigated by three state agencies - this Department's Office of the Inspector General, the Division of State Police and the State Commission of Correction - as well as by the county coroner, who will determine the cause of death. Announcement of the inmate's death was withheld until confirmation was received that his family had been notified of his death.
Both state and federal law prohibit the Department's disclosure of anyone's medical or mental health treatment or history.
The inmate was sentenced in Steuben County Court on March 23, 2005, to a five-year determinate term following his plea to second-degree sexual intercourse with a child, a Class D felony. His parole eligibility date was Feb. 12, 2009; his maximum sentence would have expired on Nov. 2, 2009.
The inmate was received at Elmira on April 1 and had been housed in the infirmary since April 10. There were 10 inmates housed in the 26-bed infirmary last night.
Should the coroner determine the cause of death to be suicide, this would become the fourth this year among the 63,563 inmates now housed in New York's 70 state prisons. It would be the first since July 15, 2004, at the 1,856-bed maximum-security prison in Chemung County. Elmira today houses 1,832 inmates.
By Paul Brooks
Times Herald-Record
[email protected]
Sure, "The Longest Yard" is long on stars - movie stars, a rapper, wrestlers and pro football glitterati.
But the movie centered on a football battle between inmates and "cruel" correction officers falls way short where it counts, says the president of the union with 4,600 correction officers in the mid-Hudson.
"It's a shame. Correction officers have an extremely stressful job. It's nothing like how Hollywood portrays it," said Richard Harcrow, president of the New York State Correction Officers and Police Benevolent Association. The union has 23,000 officers statewide.
"It offends me personally and professionally when a correction officer is made to look incompetent or the superintendent (warden) as an egotistical maniac," Harcrow said.
The Paramount Pictures movie hits theaters today. It's a remake of a 1974 classic movie, which starred Burt Reynolds as the former NFL quarterback who ends up in jail. The crooked prison warden forces him to put up an inmate football team against the malevolent prison guards team.
Adam Sandler steps into Reynolds' role as quarterback in the remake. Sandler is joined by a marketer's dream cast – comedian Chris Rock, rapper Nellie, pro wrestler "Stone Cold" Steve Austin and four-time Super Bowl winner Michael Irvin, among others.
The movie is set in "Allenville Prison." Though that sounds suspiciously like Ellenville – nearby Napanoch is home to two prisons – the fictitious prison is in Texas.
Comedy or no, the film reflects poorly on the people who make their daily living behind prison walls, Harcrow said.
"I wish the public would understand prisons are a serious business," Harcrow said. About 10 officers a week are assaulted in the state's prisons, he said. A correction officer working in Greenhaven was stabbed three times recently.
"Prisons are a very volatile community. The least bit of inappropriateness could start a disturbance or a riot.
Hollywood sees the movie as a chance to sell pictures, Harcrow said. "It's really nothing to laugh about."
Wednesday, May 18, 2005 Bill Summary - A05992 A05992 Summary: SAME AS No same as SPONSOR Kolb COSPNSR Errigo MLTSPNSR Mosiello, Townsend Add S210.46, Pen L Defines "false accusation of improper conduct" as when a person knowingly makes a false statement alleging improper conduct by a police officer or correction officer, which he or she does not believe to be true, in a written instrument bearing a legally authorized form notice to the effect that false statements made therein are punishable; makes a false accusation of improper conduct against a police officer or correction officer a class E felony. 03/03/2005 referred to codes A05992 Votes: A05992 Memo: TITLE OF BILL: An act to amend the penal law, in relation to making false accusations of improper conduct against a police officer or correction officer PURPOSE OR GENERAL IDEA OF BILL: proscribes conduct constituting making a false accusation of improper conduct against a police officer or a correction officer. SUMMARY OF SPECIFIC PROVISIONS: This bill would: * Define "false accusation of improper conduct" as when a person knowingly makes a false statement alleging improper conduct by a police officer or correction officer, which he or she does not believe to be true, in a written instrument bearing a legally authorized form notice to the effect that false statements made therein are punishable. * Make a false accusation of improper conduct against a police officer or correction officer a class E felony. JUSTIFICATION: At a time when law enforcement personnel are facing more challenges and more danger in performing their duties, the distraction caused by false accusations causes a harmful interference with public protection. This bill would punish those who falsely accuse officers and would provide a deterrent to those who might consider lying about an officer`s conduct. This bill would also save tax payer`s money by reducing the amount of costs in defending falsely accused police, and correction officers. It would result in the reduction of the amount of frivolous law suits filed. Similar legislation has been enacted in California, and proposed in Massachusetts. PRIOR LEGISLATIVE HISTORY: 2003-2004 A.5607 2001-2002 A.4139 Held for consideration in codes 1999-00: A.3857 Referred to codes 1997-98: A.10014 FISCAL IMPLICATIONS: None EFFECTIVE DATE: This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.
S T A T E O F N E W Y O R K
___________________________________________________________________
503
2005-2006 Regular
Sessions
I N S E N A T E
January 18, 2005
___________
Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to exempting
peace officers not authorized to carry firearms from firearms training
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 2.30 of the criminal procedure law is amended by
2 adding a new subdivision 7 to read as follows:
3 7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
4 RY, A PEACE OFFICER WHO IS NOT AUTHORIZED TO CARRY A WEAPON BY HIS OR
5 HER EMPLOYER, DURING ANY PHASE OF HIS OR HER OFFICIAL DUTIES, SHALL NOT
6 BE REQUIRED TO HAVE INSTRUCTION OR TRAINING IN THE USE OF FIREARMS OR
7 OTHER WEAPONS, UNLESS SUCH EMPLOYER REQUIRES THE INSTRUCTION OR TRAIN-
8 ING.
9 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS
(underscored) is new; matter in brackets
{ } is old law to be
omitted.
LBD00225-01-5
.SO DOC S 503
*END*
BTXT
2005
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