2012 -- H 7112 SUBSTITUTE A

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LC00128/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - CORRECTIONS DEPARTMENT

     Introduced By: Representatives Tanzi, Walsh, Lally, Dickinson, and DaSilva

     Date Introduced: January 12, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 42-56-24 and 42-56-26 of the General Laws in Chapter 42-56

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entitled "Corrections Department" are hereby amended to read as follows:

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     42-56-24. Earned time for good behavior or program participation or completion. –

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(a) A person serving a sentence of a violation of sections 11-5-1 (where the specified felony is

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murder), 11-23-1, 11-26-1.4, 11-37-2, 11-37-8.1 or 11-37-8.3 shall not be eligible to earn time off

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their term or terms of incarceration for good behavior.

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     (b) The director, or his or her designee, shall keep a record of the conduct of each

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prisoner, and for each month that a prisoner who has been sentenced to imprisonment for six (6)

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months or more and not under sentence to imprisonment for life, appears by the record to have

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faithfully observed all the rules and requirements of the institutions and not to have been

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subjected to discipline, and is serving a sentence imposed for violation of sexual offenses under

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sections 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1 and 11-37-8.3 or 11-9-1.3 there shall,

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with the consent of the director of the department of corrections, or his or her designee, upon

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recommendation to him or her by the assistant director of institutions/operations, be deducted

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from the term or terms of sentence of that prisoner the same number of days that there are years

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in the term of his or her sentence; provided, that when the sentence is for a longer term than ten

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(10) years, only ten (10) days shall be deducted for one month's good behavior; and provided,

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further, that in the case of sentences of at least six (6) months and less than one year, one day per

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month shall be deducted.

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     For the purposes of this subsection computing the number of days to be deducted for

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good behavior, consecutive sentences shall be counted as a whole sentence. This subsection

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recognizes the serious nature of sex offenses; promotes community safety and protection of the

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public; and maintains the ability of the department of corrections to oversee the rehabilitation and

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supervision of sex offenders.

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     (b) (c) For all prisoners serving sentences of more than one month, and not serving a

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sentence of imprisonment for life or a sentence imposed for a violation of the sexual offenses

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identified in subsection (a) or (b) the director, or his or her designee, shall keep a record of the

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conduct of each prisoner, and for each month that prisoner has faithfully observed all the rules

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and requirements of the institutions and has not been subjected to discipline, there shall, with the

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consent of the director of the department of corrections or his or her designee and upon

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recommendation by the assistant director of institutions/operations, be deducted from the term or

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terms of sentence of that prisoner ten (10) days for each month's good behavior.

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     (c) (d) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct,

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as determined by the assistant director, institutions/operations, subject to the authority of the

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director, there shall be deducted one day from the time he or she shall have gained for good

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conduct.

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     (d) (e) The assistant director, or his or her designee, subject to the authority of the

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director, shall have the power to restore lost good conduct time in whole or in part upon a

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showing by the prisoner of subsequent good behavior and disposition to reform.

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     (e) (f) For each month that a prisoner who has been sentenced to imprisonment for more

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than one month and not under sentence to imprisonment for life who has faithfully engaged in

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institutional industries there shall, with the consent of the director, upon the recommendations to

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him or her by the assistant director, institutions/operations, be deducted from the term or terms of

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the prisoner an additional two (2) days a month.

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     (f) (g) Except those prisoners serving a sentence imposed for violation of subsection (a)

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or (b) any sexual offense committed under sections 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-

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8.1, 11-37-8.3 or 11-9-1.3, for each month that a prisoner who has been sentenced to

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imprisonment for more than one month and not under sentence to imprisonment for life has

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participated faithfully in programs that have been determined by the director or his/her designee

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to address that prisoner's individual needs that are related to his/her criminal behavior, there may,

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with the consent of the director and upon the recommendation of the assistant director,

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rehabilitative services, be deducted from the term or terms of the prisoner up to an additional five

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(5) days a month. Furthermore, whenever the prisoner has successfully completed such program,

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they may; with the consent of the director and upon the recommendation by the assistant director,

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rehabilitative services, be deducted from the term or terms of the prisoner up to an additional

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thirty (30) days.

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     42-56-26. Additional time allowed for meritorious service. – With the exception of the

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prisoners eligible for credits pursuant to subsections 42-56-24(b) and 42-56-24(f), any prisoner

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sentenced to imprisonment for one year or more in the adult correctional institutions, whether the

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sentence was imposed before or after May 8, 1974 Prisoners sentenced to imprisonment for

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violations of offenses identified in subsections 42-56-24 (a) and (b) shall be eligible to have

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deducted from his or her sentence up to three (3) days per month up to a maximum of thirty-six

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(36) days per year, when in the determination of the director, or his or her designee, an inmate has

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performed heroic acts affecting the lives and welfare of the institutional personnel, inmates, or the

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general public, or when an inmate has submitted extraordinary and useful ideas and plans which

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have been implemented for the benefit of the state resulting in substantial savings and/or a higher

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degree of efficiency or performance while participating in and completing academic or vocational

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education programs, or when an inmate has submitted useful ideas concerning academic or

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vocational programs which have been implemented at the adult correctional institutions. Nothing

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in this section shall be construed to deprive a prisoner of time already accumulated or deducted

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prior to May 8, 1974.

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     SECTION 2. This act shall take effect on July 1, 2012 and shall apply to all criminal

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offenses that occur on or after that date.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - CORRECTIONS DEPARTMENT

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     This act would exclude certain offenses from eligibility for earned time for good behavior

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or program participation or completion.

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     This act would take effect on July 1, 2012 and would apply to all criminal offenses that

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occur on or after that date.

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