S T A T E O F N E W Y O R K
________________________________________________________________________
8259
2023-2024 Regular Sessions
I N A S S E M B L Y
November 15, 2023
___________
Introduced by M. of A. PALMESANO, BARCLAY, ANGELINO, BRABENEC, BYRNES,
DiPIETRO, FLOOD, FRIEND, GALLAHAN, GANDOLFO, J. M. GIGLIO, GRAY,
HAWLEY, JENSEN, MANKTELOW, McDONOUGH, SLATER, TAGUE -- read once and
referred to the Committee on Correction
AN ACT to amend the executive law, in relation to extending the maximum
number of months for the reconsideration of denied applications for
parole for certain violent felony offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of
section 259-i of the executive law, as amended by chapter 486 of the
laws of 2022, 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10887-01-3
A. 8259 2
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
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 incarcerated individual is released, he or she shall also be
notified in writing that his or her voting rights will be restored upon
release.
§ 2. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by chapter 486 of the laws of 2022, 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
A. 8259 3
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 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 incarcerated indi-
vidual is released, he or she shall also be notified in writing that his
or her voting rights will be restored upon release.
§ 3. 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
one 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
two of this act shall take effect.