STATE OF NEW YORK ________________________________________________________________________ 6663 2019-2020 Regular Sessions IN ASSEMBLY March 14, 2019 ___________ Introduced by M. of A. GIGLIO -- read once and referred to the Committee on Correction AN ACT to amend the executive law, in relation to enacting "Ramona's Law" 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 "Ramona's Law." 2 § 2. Subparagraph (i) of paragraph (a) of subdivision 2 of section 3 259-i of the executive law, as amended by section 38-f-1 of subpart A of 4 part C of chapter 62 of the laws of 2011, is amended to 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 15 terms. The board shall specify a date not more than twenty-four months 16 from such determination for reconsideration, and the procedures to be 17 followed upon reconsideration shall be the same, provided, however in 18 the case of a defendant sentenced for an eligible violent felony 19 offense, the board shall specify a date not more than sixty months from 20 such determination for reconsideration and the procedures to be followed 21 for reconsideration shall be the same. For the purposes of this section 22 an "eligible violent felony offense" shall mean a conviction for the 23 class A-I felonies of: murder in the first degree as defined in section 24 125.27 of the penal law where a sentence other than death or life impri- 25 sonment without parole is imposed; aggravated murder as defined in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10550-01-9

A. 6663 2 1 section 125.26 of the penal law where a sentence other than death or 2 life imprisonment without parole is imposed; murder in the second 3 degree as defined in section 125.25 of the penal law where a sentence 4 other than life imprisonment without parole is imposed; the class A-II 5 felonies of predatory sexual assault as defined in section 130.95 of the 6 penal law and predatory sexual assault against a child as defined in 7 section 130.96 of the penal law; and a conviction for a class B violent 8 felony offense as defined in section 70.02 of the penal law for those 9 offenders sentenced to an indeterminate sentence. If the inmate is 10 released, he or she shall be given a copy of the conditions of parole. 11 Such conditions shall where appropriate, include a requirement that the 12 parolee comply with any restitution order, mandatory surcharge, sex 13 offender registration fee and DNA databank fee previously imposed by a 14 court of competent jurisdiction that applies to the parolee. The condi- 15 tions shall indicate which restitution collection agency established 16 under subdivision eight of section 420.10 of the criminal procedure law, 17 shall be responsible for collection of restitution, mandatory surcharge, 18 sex offender registration fees and DNA databank fees as provided for in 19 section 60.35 of the penal law and section eighteen hundred nine of the 20 vehicle and traffic law. 21 § 3. Paragraph (a) of subdivision 2 of section 259-i of the executive 22 law, as amended by section 38-f-2 of subpart A of part C of chapter 62 23 of the laws of 2011, is amended to read as follows: 24 (a) At least one month prior to the expiration of the minimum period 25 or periods of imprisonment fixed by the court or board, a member or 26 members as determined by the rules of the board shall personally inter- 27 view an inmate serving an indeterminate sentence and determine whether 28 he or she should be paroled at the expiration of the minimum period or 29 periods in accordance with the procedures adopted pursuant to subdivi- 30 sion four of section two hundred fifty-nine-c. If parole is not granted 31 upon such review, the inmate shall be informed in writing within two 32 weeks of such appearance of the factors and reasons for such denial of 33 parole. Such reasons shall be given in detail and not in conclusory 34 terms. The board shall specify a date not more than twenty-four months 35 from such determination for reconsideration, and the procedures to be 36 followed upon reconsideration shall be the same, provided, however in 37 the case of a defendant sentenced for an eligible violent felony 38 offense, the board shall specify a date not more than sixty months from 39 such determination for reconsideration and the procedures to be followed 40 for reconsideration shall be the same. For the purposes of this section 41 an "eligible violent felony offense" shall mean a conviction for the 42 class A-I felonies of: murder in the first degree as defined in section 43 125.27 of the penal law where a sentence other than death or life impri- 44 sonment without parole is imposed; aggravated murder as defined in 45 section 125.26 of the penal law where a sentence other than death or 46 life imprisonment without parole is imposed; murder in the second degree 47 as defined in section 125.25 of the penal law where a sentence other 48 than life imprisonment without parole is imposed; the class A-II felo- 49 nies of predatory sexual assault as defined in section 130.95 of the 50 penal law and predatory sexual assault against a child as defined in 51 section 130.96 of the penal law; and a conviction for a class B violent 52 felony offense as defined in section 70.02 of the penal law for those 53 offenders sentenced to an indeterminate sentence. If the inmate is 54 released, he or she shall be given a copy of the conditions of parole. 55 Such conditions shall where appropriate, include a requirement that the 56 parolee comply with any restitution order and mandatory surcharge previ-

A. 6663 3 1 ously imposed by a court of competent jurisdiction that applies to the 2 parolee. The conditions shall indicate which restitution collection 3 agency established under subdivision eight of section 420.10 of the 4 criminal procedure law, shall be responsible for collection of restitu- 5 tion and mandatory surcharge as provided for in section 60.35 of the 6 penal law and section eighteen hundred nine of the vehicle and traffic 7 law. 8 § 4. This act shall take effect immediately and shall apply to all 9 future and currently incarcerated individuals sentenced for an eligible 10 class A felony and to all currently incarcerated individuals sentenced 11 for an eligible class B violent felony offense who are serving indeter- 12 minate sentences; provided that the amendments to paragraph (a) of 13 subdivision two of section 259-i of the executive law made by section 14 two of this act shall be subject to the expiration and reversion of such 15 paragraph pursuant to subdivision d of section 74 of chapter 3 of the 16 laws of 1995, as amended, when upon such date the provisions of section 17 three of this act shall take effect.

Relates to enacting Ramona's Law

What's Happening

Why It Matters