Provides that in the case of a defendant sentenced for certain violent felony offenses, the state parole board shall reconsider their findings about a defendant where parole is denied every sixty months.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6663
SPONSOR: Giglio TITLE OF BILL: An act to amend the executive law, in relation to
enacting "Ramona's Law"
PURPOSE OR GENERAL IDEA OF BILL:
This bill would extend the maximum number of months, from twenty four to
sixty, as the time within which the Parole Board must set for reconsid-
eration of a denied application for parole in cases where an inmate was
sentenced for a specified violent felony offense.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. States that this act shall be known and may be cited as
"Ramona's Law."
Sections 2 and 3. Amends Section 259-i (2) (a) (i) of the executive law
by providing that should parole be denied. the board shall specify a
date not more than sixty months from such determination for reconsider-
ation in cases where an innate was sentenced for an eligible violent
felony offense. For the purposes of this section an "eligible violent
felony offense" shall mean a conviction for the Class A-1 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 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 impri-
sonment without parole is imposed; the class A-II felonies of Predatory
Sexual Assault as defined in Section 130.95 of the Penal Law and Preda-
tory Sexual Assault of a Child as defined in Section 130.96 of the Penal
Law ; and a conviction for a class B violent felony as defined in
Section 70.02 of the Penal Law for those offenders sentenced to an inde-
terminate sentence.
Section 4. Effective date.
JUSTIFICATION:
This legislation is to be known and may be cited as "Romana's Law" named
after Romana Bantle-Fahy, the courageous survivor of the brutal beating,
sexual assault, and kidnapping that took place in 1992.
Ramona Bantle-Fahy was a 33 year-old real estate agent when a man called
for an appointment to see a house for sale in Sardinia, New York on a
Sunday afternoon. In the vacant house, he attacked her, tied her hands,
threatened her with a knife, and raped her. He later pushed her down the
stairs, shoved her into his car trunk, and drove away. Inside the dark
trunk, Ramona was able to free her hands and worked on opening the trunk
lock. She lifted the trunk lid and when the car slowed down, jumped out
of the trunk and ran. The attacker stopped the car and ran after her,
but lost sight of Ramona.
The police subsequently arrested David Graczyk, who lived near the
vacant house where the attack occurred. Graczyk was convicted of sodomy,
rape, kidnapping and robbery, all class B violent felonies. The Judge
sentenced him to 67 to 114 years in prison, but because of the sentenc-
ing statute, the prison term became 25 to 50 years. Ramona remembers
what the Judge said in court to Graczyk. "Why would you put her in the
trunk other than to get rid of the witness? Then no one could testify
against you."
In 2017, Graczyk became eligible for parole, after serving his minimum
sentence, but was denied. 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, each time an inmate is consid-
ered for parole, the victim or 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. In January 2019, Ramona was prepar-
ing a victim impact statement because her attacker, now in Groveland
prison, was coming before the Parole Board in February. The possibility
that he could be released terrified her. The Parole Board denied his
parole.
Only in the types of cases described above would the Parole Board have
the ability to set the date for reconsideration anywhere between 24 and
60 months. This would afford terrified victims and grieving families a
greater period of peace before having to relive the crime and testify at
the next parole hearing.
PRIOR LEGISLATIVE HISTORY:
2017-18 S.2997AJA.2350A (Similar) - Passed Senate; Died in Assembly
2015-16 S.1483A/A.1680A (Similar) - Passed Senate; Held in Assembly
2013-14 S.2486A/A.2774A (Similar) - Passed Senate; Held in Assembly
2011-12 S.1861A/A.2081A (Similar)
2009-10 S.425/A.1188 (Similar)
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
EFFECTIVE DATE: 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
indeterminate sentences; provided that the amendments to paragraph (a)
of 10 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.
STATE OF NEW YORK
________________________________________________________________________
6663
2019-2020 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. This act shall be known and may be cited as "Ramona's Law."
2 § 2. Subparagraph (i) of paragraph (a) of subdivision 2 of section
3 259-i of the executive law, as amended by section 38-f-1 of subpart A of
4 part C of chapter 62 of the laws of 2011, is amended to read as follows:
5 (i) Except as provided in subparagraph (ii) of this paragraph, at
6 least one month prior to the date on which an inmate may be paroled
7 pursuant to subdivision one of section 70.40 of the penal law, a member
8 or members as determined by the rules of the board shall personally
9 interview such inmate and determine whether he or she should be paroled
10 in accordance with the guidelines adopted pursuant to subdivision four
11 of section two hundred fifty-nine-c of this article. If parole is not
12 granted upon such review, the inmate shall be informed in writing within
13 two weeks of such appearance of the factors and reasons for such denial
14 of parole. Such reasons shall be given in detail and not in conclusory
15 terms. The board shall specify a date not more than twenty-four months
16 from such determination for reconsideration, and the procedures to be
17 followed upon reconsideration shall be the same, provided, however in
18 the case of a defendant sentenced for an eligible violent felony
19 offense, the board shall specify a date not more than sixty months from
20 such determination for reconsideration and the procedures to be followed
21 for reconsideration shall be the same. For the purposes of this section
22 an "eligible violent felony offense" shall mean a conviction for the
23 class A-I felonies of: murder in the first degree as defined in section
24 125.27 of the penal law where a sentence other than death or life impri-
25 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
1 section 125.26 of the penal law where a sentence other than death or
2 life imprisonment without parole is imposed; murder in the second
3 degree as defined in section 125.25 of the penal law where a sentence
4 other than life imprisonment without parole is imposed; the class A-II
5 felonies of predatory sexual assault as defined in section 130.95 of the
6 penal law and predatory sexual assault against a child as defined in
7 section 130.96 of the penal law; and a conviction for a class B violent
8 felony offense as defined in section 70.02 of the penal law for those
9 offenders sentenced to an indeterminate sentence. If the inmate is
10 released, he or she shall be given a copy of the conditions of parole.
11 Such conditions shall where appropriate, include a requirement that the
12 parolee comply with any restitution order, mandatory surcharge, sex
13 offender registration fee and DNA databank fee previously imposed by a
14 court of competent jurisdiction that applies to the parolee. The condi-
15 tions shall indicate which restitution collection agency established
16 under subdivision eight of section 420.10 of the criminal procedure law,
17 shall be responsible for collection of restitution, mandatory surcharge,
18 sex offender registration fees and DNA databank fees as provided for in
19 section 60.35 of the penal law and section eighteen hundred nine of the
20 vehicle and traffic law.
21 § 3. Paragraph (a) of subdivision 2 of section 259-i of the executive
22 law, as amended by section 38-f-2 of subpart A of part C of chapter 62
23 of the laws of 2011, is amended to read as follows:
24 (a) At least one month prior to the expiration of the minimum period
25 or periods of imprisonment fixed by the court or board, a member or
26 members as determined by the rules of the board shall personally inter-
27 view an inmate serving an indeterminate sentence and determine whether
28 he or she should be paroled at the expiration of the minimum period or
29 periods in accordance with the procedures adopted pursuant to subdivi-
30 sion four of section two hundred fifty-nine-c. If parole is not granted
31 upon such review, the inmate shall be informed in writing within two
32 weeks of such appearance of the factors and reasons for such denial of
33 parole. Such reasons shall be given in detail and not in conclusory
34 terms. The board shall specify a date not more than twenty-four months
35 from such determination for reconsideration, and the procedures to be
36 followed upon reconsideration shall be the same, provided, however in
37 the case of a defendant sentenced for an eligible violent felony
38 offense, the board shall specify a date not more than sixty months from
39 such determination for reconsideration and the procedures to be followed
40 for reconsideration shall be the same. For the purposes of this section
41 an "eligible violent felony offense" shall mean a conviction for the
42 class A-I felonies of: murder in the first degree as defined in section
43 125.27 of the penal law where a sentence other than death or life impri-
44 sonment without parole is imposed; aggravated murder as defined in
45 section 125.26 of the penal law where a sentence other than death or
46 life imprisonment without parole is imposed; murder in the second degree
47 as defined in section 125.25 of the penal law where a sentence other
48 than life imprisonment without parole is imposed; the class A-II felo-
49 nies of predatory sexual assault as defined in section 130.95 of the
50 penal law and predatory sexual assault against a child as defined in
51 section 130.96 of the penal law; and a conviction for a class B violent
52 felony offense as defined in section 70.02 of the penal law for those
53 offenders sentenced to an indeterminate sentence. If the inmate is
54 released, he or she shall be given a copy of the conditions of parole.
55 Such conditions shall where appropriate, include a requirement that the
56 parolee comply with any restitution order and mandatory surcharge previ-
A. 6663 3
1 ously imposed by a court of competent jurisdiction that applies to the
2 parolee. The conditions shall indicate which restitution collection
3 agency established under subdivision eight of section 420.10 of the
4 criminal procedure law, shall be responsible for collection of restitu-
5 tion and mandatory surcharge as provided for in section 60.35 of the
6 penal law and section eighteen hundred nine of the vehicle and traffic
7 law.
8 § 4. This act shall take effect immediately and shall apply to all
9 future and currently incarcerated individuals sentenced for an eligible
10 class A felony and to all currently incarcerated individuals sentenced
11 for an eligible class B violent felony offense who are serving indeter-
12 minate sentences; provided that the amendments to paragraph (a) of
13 subdivision two of section 259-i of the executive law made by section
14 two of this act shall be subject to the expiration and reversion of such
15 paragraph pursuant to subdivision d of section 74 of chapter 3 of the
16 laws of 1995, as amended, when upon such date the provisions of section
17 three of this act shall take effect.
