Bill Text: NY S02093 | 2023-2024 | General Assembly | Introduced
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: Partisan Bill (Republican 6-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S02093 Detail]
Download: New_York-2023-S02093-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2093 2023-2024 Regular Sessions IN SENATE January 18, 2023 ___________ Introduced by Sens. PALUMBO, HELMING, MATTERA, OBERACKER, TEDISCO, WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law, in relation to the time in which reconsideration for parole shall be determined in the case of convictions for murder in the first degree, aggravated murder, and murder in the second degree, where a sentence other than death or life imprisonment without parole is imposed The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Lorraine's 2 Law". 3 § 2. Legislative findings and intent. This legislation is named in the 4 memory of Lorraine Miranda who was a native of Shirley, Long Island. 5 Despite being afflicted with Cerebral Palsy, she graduated from high 6 school, moved to Staten Island, New York and worked tirelessly to help 7 disabled children at the Port Richmond branch of United Cerebral Palsy 8 of New York while attending college at night. She was engaged and was 9 planning her wedding. In a tragic turn, Lorraine Miranda was brutally 10 murdered by her fiancee on December 5, 1988. She was only 24 years old. 11 Her killer was sentenced to 15 years to life in prison. He became eligi- 12 ble for parole in 2003 and has since been denied seven times. 13 Currently when parole is denied, the Parole Board has the discretion 14 to set the date for reconsideration for parole for any date within two 15 years of the denial of parole. In many cases, especially those involving 16 heinous acts of murder in the first degree, aggravated murder, and 17 murder in the second degree, parole will be denied numerous times. 18 However, each time an inmate is considered for parole, the victim's 19 family must relive the horror of the crime for the sake of impressing 20 upon the Parole Board the inappropriateness of early release. Lorraine 21 Miranda's mother, who has been diagnosed with post-traumatic stress EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06434-01-3S. 2093 2 1 syndrome, has stated that the agony of reliving her daughter's death 2 every 24 months is unbearable and is a major trigger of panic symptoms 3 which interfere with her quality of life. 4 It is not the intent of "Lorraine's Law" to in any way infringe upon 5 the Parole Board's ability to allow for the current 24-month reconsider- 6 ation period. It merely provides another option for the board to consid- 7 er if it is apparent that nothing could transpire in the next five years 8 that would cause them to render a different opinion regarding parole 9 release. Only in these cases would the board have the ability to set the 10 date for reconsideration anywhere between 24-months and 60-months which 11 would afford grieving families a greater period of peace before having 12 to testify at the next parole hearing. 13 § 3. Subparagraph (i) of paragraph (a) of subdivision 2 of section 14 259-i of the executive law, as amended by section 14 of chapter 486 of 15 the laws of 2022, is amended to read as follows: 16 (i) Except as provided in subparagraph (ii) of this paragraph, at 17 least one month prior to the date on which an incarcerated individual 18 may be paroled pursuant to subdivision one of section 70.40 of the penal 19 law, a member or members as determined by the rules of the board shall 20 personally interview such incarcerated individual and determine whether 21 he or she should be paroled in accordance with the guidelines adopted 22 pursuant to subdivision four of section two hundred fifty-nine-c of this 23 article. If parole is not granted upon such review, the incarcerated 24 individual shall be informed in writing within two weeks of such appear- 25 ance of the factors and reasons for such denial of parole. Such reasons 26 shall be given in detail and not in conclusory terms. The board shall 27 specify a date not more than twenty-four months from such determination 28 for reconsideration, and the procedures to be followed upon reconsider- 29 ation shall be the same, however in the case of a defendant sentenced 30 for an eligible class A felony, the board shall specify a date not more 31 than sixty months from such determination for reconsideration and the 32 procedures to be followed for reconsideration shall be the same. For the 33 purposes of this section an "eligible class A felony" shall mean a 34 conviction for the class A-I felonies of: murder in the first degree as 35 defined in section 125.27 of the penal law where a sentence other than 36 death or life imprisonment without parole is imposed; aggravated murder 37 as defined in section 125.26 of the penal law where a sentence other 38 than death or life imprisonment without parole is imposed; and murder in 39 the second degree as defined in section 125.25 of the penal law where a 40 sentence other than life imprisonment without parole is imposed. If the 41 incarcerated individual is released, he or she shall be given a copy of 42 the conditions of parole. Such conditions shall where appropriate, 43 include a requirement that the parolee comply with any restitution 44 order, mandatory surcharge, sex offender registration fee and DNA data- 45 bank fee previously imposed by a court of competent jurisdiction that 46 applies to the parolee. The conditions shall indicate which restitution 47 collection agency established under subdivision eight of section 420.10 48 of the criminal procedure law, shall be responsible for collection of 49 restitution, mandatory surcharge, sex offender registration fees and DNA 50 databank fees as provided for in section 60.35 of the penal law and 51 section eighteen hundred nine of the vehicle and traffic law. If the 52 incarcerated individual is released, he or she shall also be notified in 53 writing that his or her voting rights will be restored upon release. 54 § 4. Paragraph (a) of subdivision 2 of section 259-i of the executive 55 law, as amended by section 15 of chapter 486 of the laws of 2022, is 56 amended to read as follows:S. 2093 3 1 (a) At least one month prior to the expiration of the minimum period 2 or periods of imprisonment fixed by the court or board, a member or 3 members as determined by the rules of the board shall personally inter- 4 view an incarcerated individual serving an indeterminate sentence and 5 determine whether he or she should be paroled at the expiration of the 6 minimum period or periods in accordance with the procedures adopted 7 pursuant to subdivision four of section two hundred fifty-nine-c of this 8 article. If parole is not granted upon such review, the incarcerated 9 individual shall be informed in writing within two weeks of such appear- 10 ance of the factors and reasons for such denial of parole. Such reasons 11 shall be given in detail and not in conclusory terms. The board shall 12 specify a date not more than twenty-four months from such determination 13 for reconsideration, and the procedures to be followed upon reconsider- 14 ation shall be the same, however in the case of a defendant sentenced 15 for an eligible class A felony, the board shall specify a date not more 16 than sixty months from such determination for reconsideration, and the 17 procedures to be followed for reconsideration shall be the same. For the 18 purposes of this section an "eligible class A felony" shall mean a 19 conviction for the class A-I felonies of: murder in the first degree as 20 defined in section 125.27 of the penal law where a sentence other than 21 death or life imprisonment without parole is imposed; aggravated murder 22 as defined in section 125.26 of the penal law where a sentence other 23 than death or life imprisonment without parole is imposed; and murder in 24 the second degree as defined in section 125.25 of the penal law where a 25 sentence other than life imprisonment without parole is imposed. If the 26 incarcerated individual is released, he or she shall be given a copy of 27 the conditions of parole. Such conditions shall where appropriate, 28 include a requirement that the parolee comply with any restitution order 29 and mandatory surcharge previously imposed by a court of competent 30 jurisdiction that applies to the parolee. The conditions shall indicate 31 which restitution collection agency established under subdivision eight 32 of section 420.10 of the criminal procedure law, shall be responsible 33 for collection of restitution and mandatory surcharge as provided for in 34 section 60.35 of the penal law and section eighteen hundred nine of the 35 vehicle and traffic law. If the incarcerated individual is released, he 36 or she shall also be notified in writing that his or her voting rights 37 will be restored upon release. 38 § 5. This act shall take effect immediately and shall apply to all 39 future and currently incarcerated individuals sentenced for an eligible 40 class A felony; provided that the amendments to subparagraph (i) of 41 paragraph (a) of subdivision 2 of section 259-i of the executive law 42 made by section three of this act shall be subject to the expiration and 43 reversion of such paragraph pursuant to subdivision d of section 74 of 44 chapter 3 of the laws of 1995, as amended, when upon such date the 45 provisions of section four of this act shall take effect.
