Bill Text: NY A02350 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts "Lorraine's Law"; increases from twenty-four to sixty months, the time for which reconsideration for parole for a violent felony offense shall be determined.
Spectrum: Moderate Partisan Bill (Republican 37-10)
Status: (Introduced - Dead) 2018-01-03 - referred to correction [A02350 Detail]
Download: New_York-2017-A02350-Introduced.html
Bill Title: Enacts "Lorraine's Law"; increases from twenty-four to sixty months, the time for which reconsideration for parole for a violent felony offense shall be determined.
Spectrum: Moderate Partisan Bill (Republican 37-10)
Status: (Introduced - Dead) 2018-01-03 - referred to correction [A02350 Detail]
Download: New_York-2017-A02350-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 2997 A. 2350 2017-2018 Regular Sessions SENATE - ASSEMBLY January 18, 2017 ___________ IN SENATE -- Introduced by Sens. LAVALLE, DeFRANCISCO, GOLDEN, LARKIN, O'MARA, SEWARD, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction IN ASSEMBLY -- Introduced by M. of A. THIELE, PALMESANO, MAGNARELLI, STIRPE, McDONOUGH, GRAF, FINCH, KOLB, SALADINO, WOERNER, RAIA, BRABE- NEC, RA, LUPINACCI, SEPULVEDA, WALTER, OAKS, GIGLIO, GARBARINO, McKEV- ITT, CROUCH, LALOR, MURRAY, LAWRENCE, PALUMBO, HAWLEY, FITZPATRICK, CASTORINA, BLANKENBUSH, STEC, GOODELL, DiPIETRO, RYAN, KEARNS, DILAN -- Multi-Sponsored by -- M. of A. BARCLAY, BUTLER, CURRAN, FRIEND, JOHNS, LOPEZ, MALLIOTAKIS, McLAUGHLIN, MONTESANO, SCHIMMINGER -- read once and referred to the Committee on Correction AN ACT to amend the executive law, in relation to the time in which reconsideration for parole shall be determined The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of 2 section 259-i of the executive law, as amended by section 38-f-1 of 3 subpart A of part C of chapter 62 of the laws of 2011, is amended to 4 read as follows: 5 (i) Except as provided in subparagraph (ii) of this paragraph, at 6 least one month prior to the date on which an inmate may be paroled 7 pursuant to subdivision one of section 70.40 of the penal law, a member 8 or members as determined by the rules of the board shall personally 9 interview such inmate and determine whether he or she should be paroled 10 in accordance with the guidelines adopted pursuant to subdivision four 11 of section two hundred fifty-nine-c of this article. If parole is not 12 granted upon such review, the inmate shall be informed in writing within 13 two weeks of such appearance of the factors and reasons for such denial 14 of parole. Such reasons shall be given in detail and not in conclusory EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07154-01-7S. 2997 2 A. 2350 1 terms. The board shall specify a date not more than twenty-four months 2 from such determination for reconsideration, and the procedures to be 3 followed upon reconsideration shall be the same, however in the case of 4 a defendant sentenced for an eligible class A felony, the board shall 5 specify a date not more than sixty months from such determination for 6 reconsideration, and the procedures to be followed for reconsideration 7 shall be the same. For the purposes of this section an "eligible class A 8 felony" shall mean a conviction for the class A-I felonies of: murder in 9 the first degree as defined in section 125.27 of the penal law where a 10 sentence other than death or life imprisonment without parole is 11 imposed; murder in the second degree as defined in section 125.25 of the 12 penal law where a sentence other than life imprisonment without parole 13 is imposed; and the class A-II felonies of predatory sexual assault as 14 defined in section 130.95 of the penal law and predatory sexual assault 15 against a child as defined in section 130.96 of the penal law. If the 16 inmate is released, he or she shall be given a copy of the conditions of 17 parole. Such conditions shall where appropriate, include a requirement 18 that the parolee comply with any restitution order, mandatory surcharge, 19 sex offender registration fee and DNA databank fee previously imposed by 20 a court of competent jurisdiction that applies to the parolee. The 21 conditions shall indicate which restitution collection agency estab- 22 lished under subdivision eight of section 420.10 of the criminal proce- 23 dure law, shall be responsible for collection of restitution, mandatory 24 surcharge, sex offender registration fees and DNA databank fees as 25 provided for in section 60.35 of the penal law and section eighteen 26 hundred nine of the vehicle and traffic law. 27 § 2. Paragraph (a) of subdivision 2 of section 259-i of the executive 28 law, as amended by section 38-f-2 of subpart A of part C of chapter 62 29 of the laws of 2011, is amended to read as follows: 30 (a) At least one month prior to the expiration of the minimum period 31 or periods of imprisonment fixed by the court or board, a member or 32 members as determined by the rules of the board shall personally inter- 33 view an inmate serving an indeterminate sentence and determine whether 34 he or she should be paroled at the expiration of the minimum period or 35 periods in accordance with the procedures adopted pursuant to subdivi- 36 sion four of section two hundred fifty-nine-c. If parole is not granted 37 upon such review, the inmate shall be informed in writing within two 38 weeks of such appearance of the factors and reasons for such denial of 39 parole. Such reasons shall be given in detail and not in conclusory 40 terms. The board shall specify a date not more than twenty-four months 41 from such determination for reconsideration, and the procedures to be 42 followed upon reconsideration shall be the same, however in the case of 43 a defendant sentenced for an eligible class A felony, the board shall 44 specify a date not more than sixty months from such determination for 45 reconsideration, and the procedures to be followed for reconsideration 46 shall be the same. For the purposes of this section an "eligible class A 47 felony" shall mean a conviction for the class A-I felonies of: murder in 48 the first degree as defined in section 125.27 of the penal law where a 49 sentence other than death or life imprisonment without parole is 50 imposed; murder in the second degree as defined in section 125.25 of the 51 penal law where a sentence other than life imprisonment without parole 52 is imposed; and the class A-II felonies of predatory sexual assault as 53 defined in section 130.95 of the penal law and predatory sexual assault 54 against a child as defined in section 130.96 of the penal law. If the 55 inmate is released, he or she shall be given a copy of the conditions of 56 parole. Such conditions shall where appropriate, include a requirementS. 2997 3 A. 2350 1 that the parolee comply with any restitution order and mandatory 2 surcharge previously imposed by a court of competent jurisdiction that 3 applies to the parolee. The conditions shall indicate which restitution 4 collection agency established under subdivision eight of section 420.10 5 of the criminal procedure law, shall be responsible for collection of 6 restitution and mandatory surcharge as provided for in section 60.35 of 7 the penal law and section eighteen hundred nine of the vehicle and traf- 8 fic law. 9 § 3. This act shall take effect immediately and shall apply to all 10 future and currently incarcerated individuals sentenced for an eligible 11 class A felony; provided that the amendments to subparagraph (i) of 12 paragraph (a) of subdivision 2 of section 259-i of the executive law 13 made by section one of this act shall be subject to the expiration and 14 reversion of such paragraph pursuant to subdivision d of section 74 of 15 chapter 3 of the laws of 1995, as amended, when upon such date the 16 provisions of section two of this act shall take effect.
