Concerns Over Prison Crime Reporting in New York

The administration led by Governor Hochul faces accusations of downplaying violent incidents in prisons, reclassifying attacks by inmates on guards as “harassment” or “disruptive behavior” instead of assault.

A significant memo from Michael D’Amore, the deputy director of the state Department of Corrections, dated December 31, 2025, provides clarification on what is deemed assault versus what is categorized as harassment or disruptive behavior.

In the memo, D’Amore explained that the Department has altered the definition of the Unusual Incident (UI) category, establishing harassment as something that warrants reporting as a UI. This memo was distributed to all prison wardens and supervisory commanders.

For instance, D’Amore suggested that if an inmate tears a guard’s shirt pocket while delivering meals, it should be addressed as vandalism and harassment rather than assault. He further illustrated a hypothetical situation where an inmate could only be charged with assault if, say, they physically injured a guard by smashing their face into a fence while also tearing their shirt.

Republican gubernatorial hopeful Bruce Blakeman criticized the memo, suggesting it is lenient on criminals and indicative of a broader attempt by Hochul’s administration to obscure the reality of crimes committed by inmates against law enforcement officials.

“Let’s make it clear: If an inmate attacks an officer, that’s assault,” Blakeman stated emphatically.

He argued that merely manipulating terminology won’t improve safety within prisons. Instead, he believes the focus should be on bolstering support for correctional officers and ensuring that violent offenders are held accountable. By trivializing violence against these officers, he contends, the administration is sending a dangerous message—prioritizing political needs over the safety of prison staff.

Moreover, prison officials perceive these policy shifts as a response from Hochul, partly in retaliation for the firing of 2,000 employees due to an illegal strike last year. This move, they claim, has exacerbated an already critical staffing shortage.

One correctional officer expressed frustration, stating that they feel the administration is targeting staff, creating obstacles, and generally making conditions more favorable for inmates.

As of now, there has been no immediate comment from Hochul’s office or the Department of Corrections and Community Supervision (DOCCS) regarding these allegations.