Senate Bill S2093

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2093
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. This act shall be known and may  be  cited  as  "Lorraine's
 Law".
   § 2. Legislative findings and intent. This legislation is named in the
 memory  of  Lorraine  Miranda  who was a native of Shirley, Long Island.
 Despite being afflicted with Cerebral Palsy,  she  graduated  from  high
 school,  moved  to Staten Island, New York and worked tirelessly to help
 disabled children at the Port Richmond branch of United  Cerebral  Palsy
 of  New  York  while attending college at night. She was engaged and was
 planning her wedding. In a tragic turn, Lorraine  Miranda  was  brutally
 murdered  by her fiancee on December 5, 1988. She was only 24 years old.
 Her killer was sentenced to 15 years to life in prison. He became eligi-
 ble for parole in 2003 and has since been denied seven times.
   Currently when parole is denied, the Parole Board has  the  discretion
 to  set  the date for reconsideration for parole for any date within two
 years of the denial of parole. In many cases, especially those involving
 heinous acts of murder in  the  first  degree,  aggravated  murder,  and
 murder  in  the  second  degree,  parole  will be denied numerous times.
 However, each time an inmate is  considered  for  parole,  the  victim's
 family  must  relive  the horror of the crime for the sake of impressing
 upon the Parole Board the inappropriateness of early  release.  Lorraine
 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.
                                                            LBD06434-01-3
              

 S. 2093                             2
 
 syndrome, has stated that the agony of  reliving  her  daughter's  death
 every  24  months is unbearable and is a major trigger of panic symptoms
 which interfere with her quality of life.
   It  is  not the intent of "Lorraine's Law" to in any way infringe upon
 the Parole Board's ability to allow for the current 24-month reconsider-
 ation period. It merely provides another option for the board to consid-
 er if it is apparent that nothing could transpire in the next five years
 that would cause them to render a  different  opinion  regarding  parole
 release. Only in these cases would the board have the ability to set the
 date  for reconsideration anywhere between 24-months and 60-months which
 would afford grieving families a greater period of peace  before  having
 to testify at the next parole hearing.
   §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
 259-i of the executive law, as amended by section 14 of 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, HOWEVER IN THE CASE OF A DEFENDANT SENTENCED
 FOR AN ELIGIBLE CLASS A FELONY, 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  CLASS  A  FELONY"  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; AND 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.  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 data-
 bank fee 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, 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. 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.
   § 4. Paragraph (a) of subdivision 2 of section 259-i of the  executive
 law,  as  amended  by  section 15 of chapter 486 of the laws of 2022, is
 amended to read as follows:
 S. 2093                             3
 
   (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, HOWEVER IN THE CASE OF  A  DEFENDANT  SENTENCED
 FOR  AN ELIGIBLE CLASS A FELONY, 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  CLASS A FELONY" 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; AND 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.  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 individual is released,  he
 or  she  shall also be notified in writing that his or her voting rights
 will be restored upon release.
   § 5. This act shall take effect immediately and  shall  apply  to  all
 future  and currently incarcerated individuals sentenced for an eligible
 class A felony; provided that the  amendments  to  subparagraph  (i)  of
 paragraph  (a)  of  subdivision  2 of section 259-i of the executive law
 made by section three 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 four of this act shall take effect.