S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8382
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A. J. M. 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 separately amended by chapters 103 and
 322 of the laws of 2021, 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 incarcerated individual
 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 incarcerated individual 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 incarcerated
 individual shall be informed in writing within two weeks of such appear-
 ance 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 reconsider-
 ation shall be the same, PROVIDED, HOWEVER IN THE CASE  OF  A  DEFENDANT
 SENTENCED FOR AN ELIGIBLE VIOLENT FELONY OFFENSE, THE BOARD SHALL SPECI-
 FY  A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMINATION FOR RECON-
 SIDERATION AND THE PROCEDURES TO BE FOLLOWED FOR  RECONSIDERATION  SHALL
 BE THE SAME. FOR THE PURPOSES OF THIS SECTION AN "ELIGIBLE VIOLENT FELO-
 NY  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 IMPRISONMENT WITHOUT PAROLE IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13284-01-1
              

 A. 8382                             2
 
 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  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 incarcerated individual 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 juris-
 diction 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 restitution, mandatory surcharge, sex  offender  registra-
 tion  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.  If  the  [inmate]  INCARCERATED  INDIVIDUAL is released, he or she
 shall also be notified in writing that his or her voting rights will  be
 restored upon release.
   §  3. Paragraph (a) of subdivision 2 of section 259-i of the executive
 law, as separately amended by chapters 103 and 322 of the laws of  2021,
 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 incarcerated individual 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 subdivision four of section two hundred fifty-nine-c of this
 article.  If  parole  is  not granted upon such review, the incarcerated
 individual shall be informed in writing within two weeks of such appear-
 ance 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 reconsider-
 ation shall be the same, PROVIDED, HOWEVER IN THE CASE  OF  A  DEFENDANT
 SENTENCED FOR AN ELIGIBLE VIOLENT FELONY OFFENSE, THE BOARD SHALL SPECI-
 FY  A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMINATION FOR RECON-
 SIDERATION AND THE PROCEDURES TO BE FOLLOWED FOR  RECONSIDERATION  SHALL
 BE THE SAME. FOR THE PURPOSES OF THIS SECTION AN "ELIGIBLE VIOLENT FELO-
 NY  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 IMPRISONMENT 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  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
 A. 8382                             3
 
 SENTENCE.    If the incarcerated individual 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 previously 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 restitution 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. If the [inmate] INCARCERAT-
 ED is released, he or she shall also be notified in writing that his  or
 her voting rights will be restored upon release.
   §  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.