On Aug. 31, the Sheriff Officers Association (ShOA) of Nassau County, the union that represents more than 1,000 correction officers at the Nassau County Correctional Facility in East Meadow, strongly endorsed a pending bill that amends the penal law to protect officers against incidents of intentional contact with bodily fluids by inmates, specifically saliva, spit and sputum.
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Nassau County Sheriff Officers Association (ShOA) President John Duer (center) is flanked by New York State Assemblymen Rob Walker (left) and Joseph Saladino in support of pending state legislation that would make it a felony for an inmate to intentionally expel spit at a correction officer.
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"With more than 60 of our officers reporting treatable injuries as a result of dealing with assaultive and unruly inmates so far this year, this law is more important than ever. That's an increase in violence of more than 100 percent over this time last year," Duer said. "We are glad New York State Assemblymen Rob Walker and Joseph S. Saladino took time out of their busy schedules to see firsthand the conditions in which we work every day. I'm sure they now have a better understanding of the importance of this law, which was written specifically for the protection of our health and that of our families."
Duer, who guided the lawmakers on a tour of the correctional facility last Thursday, added, "We put our health and safety on the line each time we enter the correctional facility and are grateful to Assemblymen Walker, Saladino and Thomas DiNapoli, who sponsored the bill, for their support. We are hopeful that this will pass through both the state assembly and senate and become law by the first of November, for the benefit of 30,000 correction officers throughout New York State."
Presently, an inmate who attempts to cause an employee to come into contact with bodily fluids, including blood, urine, feces and seminal fluids, will face charges of aggravated harassment, a Class E felony. While this law has proven to be a valuable tool for correction officers and has resulted in decreases in incidents of intentional contact with bodily fluids by inmates, it does not include saliva, spit or sputum.
A major concern for correction officers and their loved ones is the possibility of accidentally or unwittingly coming into contact with infectious fluids and/or deadly diseases when bodily fluids are expelled at an officer by an inmate through spitting or throwing. Blood is routinely found in the saliva of inmates who have been involved in fights or suffer from debilitating diseases such as HIV/AIDS, where lesions are often found in the mouth and soft body tissues such as the lips. Similarly, sputum, a fluid found in the lungs, can carry tuberculosis, hepatitis A, B and C, which are also readily found in the blood of infected individuals.
Under the current law, inmates can spit in the face of a correction officer with no penalty other than that of their current sentence of a chance of being placed into lock down, Walker said. "Out of concern for the health and safety of our correction officers, who have one of the most difficult, stressful jobs in law enforcement, this amendment to the penal law needs to be made," he said. "As lawmakers, we need to do whatever is in our power to make sure law enforcement professionals receive the support they need to do their jobs."
He added, "We have the best men and women working there. This legislation will be better protect them [and] hopefully assist in preventing and decreasing the number of incidences."
Saladino said, "The environment our correction officers work in 24/7 is dangerous and stressful. By updating this law, in hopes of cutting down on incidents, we can help make the working conditions safer. I am here today to give them my support with the hopes of getting this legislation passed."
The Sheriff Officers Association of Nassau County is the union that formed in 1999 as a result of the Nassau County correction officers' separation from the Civil Service Employees Association. It represents the approximately 1,100 correction officers who serve at the Nassau County Correctional Facility in East Meadow to protect the safety of the public as well as some 1,600 inmates housed in the facility.