S T A T E O F N E W Y O R K
________________________________________________________________________
7242
2025-2026 Regular Sessions
I N A S S E M B L Y
March 21, 2025
___________
Introduced by M. of A. PALMESANO, BARCLAY, ANGELINO, BLUMENCRANZ, BRABE-
NEC, BROOK-KRASNY, DiPIETRO, FRIEND, GALLAHAN, GANDOLFO, GRAY, HAWLEY,
JENSEN, MANKTELOW, McDONOUGH, NOVAKHOV, 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 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 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] SUCH INCARCERATED INDIVIDUAL 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 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 FELONY OFFENSE, THE
BOARD SHALL SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMI-
NATION FOR RECONSIDERATION AND THE PROCEDURES TO BE FOLLOWED FOR RECON-
SIDERATION SHALL BE THE SAME. FOR THE PURPOSES OF THIS SECTION AN
"ELIGIBLE FELONY OFFENSE" SHALL MEAN A CONVICTION FOR THE CLASS A-I
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08915-02-5
A. 7242 2
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 IMPRI-
SONMENT 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. If the incarcerated individual is released, [he
or she] SUCH INCARCERATED INDIVIDUAL shall be given a copy of the condi-
tions of parole. Such conditions shall where appropriate, include a
requirement that the parolee comply with any restitution order, mandato-
ry surcharge, sex offender registration fee and DNA databank fee previ-
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, mandatory surcharge, sex offender registration fees and DNA data-
bank 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 incarcerat-
ed individual is released, [he or she] SUCH INCARCERATED INDIVIDUAL
shall also be notified in writing that [his or her] THEIR voting rights
will be restored upon release.
§ 2. 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:
(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] SUCH INCARCERATED INDIVIDUAL 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 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 FELONY OFFENSE, THE
BOARD SHALL SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMI-
NATION FOR RECONSIDERATION AND THE PROCEDURES TO BE FOLLOWED FOR RECON-
SIDERATION SHALL BE THE SAME. FOR THE PURPOSES OF THIS SECTION AN
"ELIGIBLE 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 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 IMPRI-
SONMENT 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. If the incarcerated individual is released,
A. 7242 3
[he or she] SUCH INCARCERATED INDIVIDUAL 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 jurisdic-
tion 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] SUCH INCARCERATED INDIVIDUAL shall also be notified in writing
that [his or her] THEIR 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; provided that the amendments to paragraph (a) of subdi-
vision 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 para-
graph 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.