S T A T E   O F   N E W   Y O R K
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     S. 5175                                                  A. 5803
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 25, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
   ed,  and  when  printed  to  be  committed  to  the Committee on Crime
   Victims, Crime and Correction
 
 IN ASSEMBLY -- Introduced by M. of  A.  THIELE,  PALMESANO,  MAGNARELLI,
   STIRPE,  WOERNER,  BRABENEC,  RA, J. M. GIGLIO, LALOR, HAWLEY, FITZPA-
   TRICK, BLANKENBUSH, GOODELL, DiPIETRO, DILAN, COLTON, JONES,  BUTTENS-
   CHON, TAGUE, GRIFFIN -- Multi-Sponsored by -- M. of A. BARCLAY, BYRNE,
   FRIEND, McDONOUGH, B. MILLER, M. MILLER, MONTESANO, MORINELLO, NORRIS,
   WALSH -- read once and referred to the Committee on 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05791-01-1

 S. 5175                             2                            A. 5803
 
 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
 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 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, 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 inmate is released, he OR SHE shall be  given
 a  copy  of the conditions of parole. Such conditions shall where appro-
 priate, include a requirement that the parolee comply with any  restitu-
 tion  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 conditions shall indicate which resti-
 tution 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

 S. 5175                             3                            A. 5803
 
 penal law and section eighteen hundred nine of the vehicle  and  traffic
 law.
   §  4. 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 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  proce-
 dures  to be followed upon reconsideration 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 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 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 IMPRI-
 SONMENT 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 inmate is released,
 he OR SHE shall be given a copy of the conditions of parole. Such condi-
 tions 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  paro-
 lee.  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.
   §  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.