S T A T E O F N E W Y O R K
________________________________________________________________________
6663
2019-2020 Regular Sessions
I N A S S E M B L Y
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:
Section 1. This act shall be known and may be cited as "Ramona's Law."
§ 2. Subparagraph (i) of paragraph (a) of subdivision 2 of section
259-i of the executive law, as amended by section 38-f-1 of subpart A of
part C of chapter 62 of the laws of 2011, is amended to read as follows:
(i) Except as provided in subparagraph (ii) of this paragraph, at
least one month prior to the date on which an inmate may be paroled
pursuant to subdivision one of section 70.40 of the penal law, a member
or members as determined by the rules of the board shall personally
interview such inmate and determine whether he OR SHE should be paroled
in accordance with the guidelines adopted pursuant to subdivision four
of section two hundred fifty-nine-c of this article. If parole is not
granted upon such review, the inmate shall be informed in writing within
two weeks of such appearance of the factors and reasons for such denial
of parole. Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the procedures to be
followed upon reconsideration shall be the same, PROVIDED, HOWEVER IN
THE CASE OF A DEFENDANT SENTENCED FOR AN ELIGIBLE VIOLENT FELONY
OFFENSE, THE BOARD SHALL SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM
SUCH DETERMINATION FOR RECONSIDERATION AND THE PROCEDURES TO BE FOLLOWED
FOR RECONSIDERATION SHALL BE THE SAME. FOR THE PURPOSES OF THIS SECTION
AN "ELIGIBLE VIOLENT FELONY OFFENSE" SHALL MEAN A CONVICTION FOR THE
CLASS A-I FELONIES OF: MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION
125.27 OF THE PENAL LAW WHERE A SENTENCE OTHER THAN DEATH OR LIFE IMPRI-
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
SECTION 125.26 OF THE PENAL LAW WHERE A SENTENCE OTHER THAN DEATH OR
LIFE IMPRISONMENT WITHOUT PAROLE IS IMPOSED; MURDER IN THE SECOND
DEGREE AS DEFINED IN SECTION 125.25 OF THE PENAL LAW WHERE A SENTENCE
OTHER THAN LIFE IMPRISONMENT WITHOUT PAROLE IS IMPOSED; THE CLASS A-II
FELONIES OF PREDATORY SEXUAL ASSAULT AS DEFINED IN SECTION 130.95 OF THE
PENAL LAW AND PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS DEFINED IN
SECTION 130.96 OF THE PENAL LAW; AND A CONVICTION FOR A CLASS B VIOLENT
FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW FOR THOSE
OFFENDERS SENTENCED TO AN INDETERMINATE SENTENCE. If the inmate is
released, he OR SHE shall be given a copy of the conditions of parole.
Such conditions shall where appropriate, include a requirement that the
parolee comply with any restitution order, mandatory surcharge, sex
offender registration fee and DNA databank fee previously imposed by a
court of competent jurisdiction that applies to the parolee. The condi-
tions shall indicate which restitution collection agency established
under subdivision eight of section 420.10 of the criminal procedure law,
shall be responsible for collection of restitution, mandatory surcharge,
sex offender registration fees and DNA databank fees as provided for in
section 60.35 of the penal law and section eighteen hundred nine of the
vehicle and traffic law.
§ 3. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by section 38-f-2 of subpart A of part C of chapter 62
of the laws of 2011, is amended to read as follows:
(a) At least one month prior to the expiration of the minimum period
or periods of imprisonment fixed by the court or board, a member or
members as determined by the rules of the board shall personally inter-
view an inmate serving an indeterminate sentence and determine whether
he OR SHE should be paroled at the expiration of the minimum period or
periods in accordance with the procedures adopted pursuant to subdivi-
sion four of section two hundred fifty-nine-c. If parole is not granted
upon such review, the inmate shall be informed in writing within two
weeks of such appearance of the factors and reasons for such denial of
parole. Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the procedures to be
followed upon reconsideration shall be the same, PROVIDED, HOWEVER IN
THE CASE OF A DEFENDANT SENTENCED FOR AN ELIGIBLE VIOLENT FELONY
OFFENSE, THE BOARD SHALL SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM
SUCH DETERMINATION FOR RECONSIDERATION AND THE PROCEDURES TO BE FOLLOWED
FOR RECONSIDERATION SHALL BE THE SAME. FOR THE PURPOSES OF THIS SECTION
AN "ELIGIBLE VIOLENT FELONY OFFENSE" SHALL MEAN A CONVICTION FOR THE
CLASS A-I FELONIES OF: MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION
125.27 OF THE PENAL LAW WHERE A SENTENCE OTHER THAN DEATH OR LIFE IMPRI-
SONMENT WITHOUT PAROLE IS IMPOSED; AGGRAVATED MURDER AS DEFINED IN
SECTION 125.26 OF THE PENAL LAW WHERE A SENTENCE OTHER THAN DEATH OR
LIFE IMPRISONMENT WITHOUT PAROLE IS IMPOSED; MURDER IN THE SECOND DEGREE
AS DEFINED IN SECTION 125.25 OF THE PENAL LAW WHERE A SENTENCE OTHER
THAN LIFE IMPRISONMENT WITHOUT PAROLE IS IMPOSED; THE CLASS A-II FELO-
NIES OF PREDATORY SEXUAL ASSAULT AS DEFINED IN SECTION 130.95 OF THE
PENAL LAW AND PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS DEFINED IN
SECTION 130.96 OF THE PENAL LAW; AND A CONVICTION FOR A CLASS B VIOLENT
FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW FOR THOSE
OFFENDERS SENTENCED TO AN INDETERMINATE SENTENCE. If the inmate is
released, he OR SHE shall be given a copy of the conditions of parole.
Such conditions shall where appropriate, include a requirement that the
parolee comply with any restitution order and mandatory surcharge previ-
A. 6663 3
ously imposed by a court of competent jurisdiction that applies to the
parolee. The conditions shall indicate which restitution collection
agency established under subdivision eight of section 420.10 of the
criminal procedure law, shall be responsible for collection of restitu-
tion and mandatory surcharge as provided for in section 60.35 of the
penal law and section eighteen hundred nine of the vehicle and traffic
law.
§ 4. This act shall take effect immediately and shall apply to all
future and currently incarcerated individuals sentenced for an eligible
class A felony and to all currently incarcerated individuals sentenced
for an eligible class B violent felony offense who are serving indeter-
minate sentences; provided that the amendments to paragraph (a) of
subdivision two of section 259-i of the executive law made by section
two of this act shall be subject to the expiration and reversion of such
paragraph pursuant to subdivision d of section 74 of chapter 3 of the
laws of 1995, as amended, when upon such date the provisions of section
three of this act shall take effect.