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.