S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8259
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 15, 2023
                                ___________
 
 Introduced  by  M. of A. PALMESANO, BARCLAY, ANGELINO, BRABENEC, BYRNES,
   DiPIETRO,  FLOOD,  FRIEND,  GALLAHAN,  GANDOLFO,  J. M. GIGLIO,  GRAY,
   HAWLEY,  JENSEN,  MANKTELOW, McDONOUGH, 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 violent 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  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, PROVIDED, HOWEVER IN THE CASE OF A DEFENDANT
 SENTENCED FOR AN ELIGIBLE VIOLENT FELONY OFFENSE, THE BOARD SHALL SPECI-
 FY A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMINATION FOR  RECON-
 SIDERATION  AND  THE PROCEDURES TO BE FOLLOWED FOR RECONSIDERATION SHALL
 BE THE SAME. FOR THE PURPOSES OF THIS SECTION AN "ELIGIBLE VIOLENT FELO-
 NY OFFENSE" SHALL MEAN A CONVICTION  FOR  THE  CLASS  A-I  FELONIES  OF:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10887-01-3
              

 A. 8259                             2
 
 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; 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 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  databank fee previously imposed by a court of competent juris-
 diction 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  registra-
 tion  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.
   § 2. Paragraph (a) of subdivision 2 of section 259-i of the  executive
 law,  as  amended by 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 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, PROVIDED, HOWEVER IN THE CASE OF A DEFENDANT
 SENTENCED FOR AN ELIGIBLE VIOLENT FELONY OFFENSE, THE BOARD SHALL SPECI-
 FY A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMINATION FOR  RECON-
 SIDERATION  AND  THE PROCEDURES TO BE FOLLOWED FOR RECONSIDERATION SHALL
 BE THE SAME. FOR THE PURPOSES OF THIS SECTION AN "ELIGIBLE VIOLENT FELO-
 NY 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 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
 A. 8259                             3
 
 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 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 indi-
 vidual is released, he or she shall also be notified in writing that his
 or her 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 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
 one 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
 two of this act shall take effect.