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A02350 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: 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 PURPOSE: This bill would extend the number of months from twenty-four to sixty as the time within which the parole board must set for reconsideration of a denied application for parole in cases where an inmate was sentenced for a violent crime. SUMMARY OF PROVISIONS: Section 1. This act shall be known and may be cited as "Lorraine's Law." Section 2. Legislative findings and in end. Section 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 reconsideration in cases where an innate was sentenced for an eligible Class A felony. For the purposes of this section an "eligible Class A felony" 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 imprisonment without parole is imposed. This section of law is subject to expiration and reversion pursuant to § 74 (d) of Chapter 3 of the Laws of 1995, and the proposed amendment is set to also be subject to such expiration and reversion. Section 4. Makes the above amendments to Section 259-i (2) (a) of the executive law which are scheduled to take effect when the provisions above expire. Section 5. Effective Date JUSTIFICATION: The legislation is to be known and may be cited as "Lorraine's Law" in the memory of Lorraine Miranda who was a native of Shirley, Long Island. She was brutally murdered by her fiancee on December 5, 1988 at the young age of 24 years old. Her killer was sentenced to 15 years-to-life in prison. He became eligible 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. It is important to note that 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 reconsideration period. It merely provides another option for the board to consider 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 the cases described above would the board have the ability to set the date for reconsider- ation anywhere between 24-months and 60-months which would afford griev- ing families a greater period of peace before having to testify at the next parole hearing. LEGISLATIVE HISTORY: 2015-16: S.1483A/A.1680A 2013-14: S.2486A/A.2774A 2011-12: S.1861A/A.2081A 2009-10: S.425/A.1188 FISCAL IMPLICATIONS: This bill could result in some savings to the State by not requiring parole considerations that are unnecessary. 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; provided that the amendments to subparagraph (i) of paragraph (a) of subdivision 2 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.