S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6663
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced by M. of A. 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 amended by section 38-f-1 of subpart A of
 part C of chapter 62 of the laws of 2011, 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 inmate 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 inmate 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 inmate 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  VIOLENT  FELONY
 OFFENSE,  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  VIOLENT  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 IMPRI-
 SONMENT  WITHOUT  PAROLE  IS  IMPOSED;  AGGRAVATED  MURDER AS DEFINED IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10550-01-9

 A. 6663                             2
 
 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 inmate 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 jurisdiction that applies to the parolee. The  condi-
 tions  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.
   § 3. Paragraph (a) of subdivision 2 of section 259-i of the  executive
 law,  as  amended by section 38-f-2 of subpart A of part C of chapter 62
 of the laws of 2011, 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  inmate 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 subdivi-
 sion four of section two hundred fifty-nine-c. If parole is not  granted
 upon  such  review,  the  inmate 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 VIOLENT FELONY
 OFFENSE, 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 VIOLENT 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 IMPRI-
 SONMENT  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  FELO-
 NIES  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 inmate 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 previ-

 A. 6663                             3
 
 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 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.
   § 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.