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A06663 Summary:

BILL NOA06663
 
SAME ASNo Same As
 
SPONSORGiglio
 
COSPNSRDiPietro, Barclay, Brabenec, Miller B, Kolb, LiPetri, Mikulin, Smith, Norris, Morinello, Byrne, Ra, Goodell, Palmesano, Manktelow
 
MLTSPNSR
 
Amd 259-i, Exec L
 
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.
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A06663 Memo:

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.
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A06663 Text:



 
                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.
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