S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    142
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. PALUMBO, HELMING, MATTERA, OBERACKER, TEDISCO, WEIK
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Crime Victims, Crime and 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00572-01-5
 S. 142                              2
 
 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 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 PERSON should be paroled in accordance with the guide-
 lines 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, 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 incarcerated individual is released, [he or
 she] THEY 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, 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 restitution collection agency established under subdivi-
 sion 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. If the incarcerated individual is released, [he
 or she] SUCH PERSON shall also be notified in writing that [his or  her]
 THEIR voting rights will be restored upon release.
 S. 142                              3
 
   §  4. 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 PERSON should be paroled at the expi-
 ration  of  the  minimum period or periods in accordance with the proce-
 dures 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, 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 incarcerated individual is released, [he or
 she] THEY 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. If the
 incarcerated  individual is released, [he or she] SUCH PERSON shall also
 be notified in writing that [his or her] THEIR  voting  rights  will  be
 restored upon release.
   §  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.