2012 -- S 2490

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LC01591

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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 CRIMINALS--CORRECTIONAL INSTITUTIONS -- PAROLE

     Introduced By: Senators Metts, Perry, Pichardo, Jabour, and Crowley

     Date Introduced: February 16, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 13-8 of the General Laws entitled "Parole" is hereby amended by

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adding thereto the following section:

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     13-8-35. Certificates of good conduct. – (a) Legislative findings and purpose:

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     (1) There is hereby established a certificate of good conduct for certain individuals who

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are convicted of a crime which necessarily affects their legal status and ability to seek and

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maintain employment. A criminal record may have the effect of restricting such individuals from

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successfully obtaining jobs, occupational licenses, housing and other benefits and opportunities

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available to other individuals. Some legal restrictions are narrowly tailored to protect society

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against an unidentified public safety risk, but others could be seen as arbitrary, unnecessary and

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without regard to any post-conviction rehabilitation or good conduct. Some individuals who have

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successfully completed their board-imposed sentences demonstrate a need to reestablish

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themselves as law-abiding members of society. At the same time, employers and other decision-

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makers may desire assurance of a person’s reliability. Therefore, the intent and purpose of this act

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is to provide a process that would, in select and appropriate cases, allow the issuance of a

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certificate of good conduct. Said certificate, if granted by the board, would serve to relieve the

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petitioner, in appropriate cases, of some of the collateral consequences resulting from his or her

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criminal record. Said certificate would also serve as evidence that the defendant has been

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reasonably successful in his or her rehabilitation and therefore is prepared to re-enter society.

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     (b) As used in this section, the following words and terms shall have the following

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meanings:

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     (1) “Board” means the parole board, established pursuant to the provisions of section 13-

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8-1.

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     (2) “Department” means the department of corrections.

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     (3) “Director” means the director of the department of corrections.

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     (4) “Eligible Petitioner” means a person who has been convicted of a crime or of an

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offense as defined in RIGL sections 11-47-2 and 12-1.3-1 who has not been convicted of more

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than one felony.

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     (5) “Certificate of good conduct” or “certificate” means a legal instrument issued by the

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board which shall, consistent with concerns of public safety, have the effect of removing legal

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impediments to and restrictions upon the person’s ability to obtain employment, professional

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licenses, housing and other benefits and opportunities. Said instrument shall serve as a

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determination that the person receiving it has, consistent with the concerns of public safety,

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successfully achieved his or her rehabilitation and is therefore prepared to re-enter society.

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     (6) “Conviction” notwithstanding section 12-18-3, means the imposition of a fine, period

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of incarceration (whether or not suspended), probation or deferred sentence imposed after the

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entry of a plea of nolo contendere.

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     (7) “Petition” means the motion, pleading, or other legal document or form seeking the

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issuance of a certificate of good conduct from the board.

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     (8) “Felony” means a conviction of a felony in this state or conviction of an offense, that

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is not a crime of violence, in any other jurisdiction for which a sentence to a term of

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imprisonment in excess of one year was entered. Criminal acts committed outside the state shall

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be classified as acts committed within the state.

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     (c) For the purposes of this section, the following rules of construction apply:

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     (1) Two (2) or more convictions of felonies charged in separate counts of one indictment

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or information shall be deemed to be one conviction;

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     (2) Two (2) or more convictions of felonies charged in two (2) or more separate

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indictments or information, where disposition of all indictments or information takes place on the

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same date, shall be deemed to be one conviction; and

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     (3) A plea or verdict of guilty upon which a sentence of probation, conditional discharge,

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or supervision has been imposed shall be deemed to be a conviction.

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     (d) The board shall have the following powers and duties relating to certificate of good

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conduct hearings:

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     (1) To hear petitions from individuals seeking an order granting the issuance of a

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certificate of good conduct.

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     (2) To establish the minimum period of good conduct for individuals referred to in

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subdivision (d)(1) herein, as follows:

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     (i) Where the most serious crime of which the individual was convicted is a

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misdemeanor, the minimum period of good conduct shall be one year;

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     (ii) Where the most serious crime of which the individual was convicted is a nonviolent

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felony conviction, the minimum period of good conduct shall be three (3) years; and

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     (iii) The minimum period of good conduct by the individual shall be measured either

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from the date of the payment of any fine imposed upon him or her, or from the date of his or her

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release from custody by parole, mandatory supervised release or commutation or termination of

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his or her incarceration sentence, whichever is later.

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     (3) To classify criminal acts committed outside the state as acts committed within the

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state based on the nonviolent nature of the criminal acts and the maximum sentence that could

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have been imposed based upon such conviction pursuant to the laws of such foreign jurisdiction.

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     (4) Use its discretion in determining whether to hold an open hearing or an individual

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conference on any matter relevant to the granting of the application and to take testimony under

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oath.

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     (e) The board shall have the power to establish criteria to determine eligibility for

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issuance of the certificate of good conduct and, by an affirmative vote of a majority of the

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members of the board, to issue a certificate of good conduct to any person previously convicted

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of a crime in any jurisdiction.

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     (f) The board shall have the following powers and duties to revoke a certificate:

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     (1) Upon notification of subsequent conviction by a petitioner, said revocation shall be

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effective as of the date upon which the person to whom the certificate is issued receives written

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notice of such revocation. Any such person upon receipt of such notification shall surrender the

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certificate to the issuing board. Any person who knowingly uses or attempts to use, a revoked

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certificate of good conduct in order to obtain or to exercise any right or privilege that he would

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not be entitled to obtain or to exercise without a valid certificate shall be guilty of a misdemeanor.

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     (g) The board shall have the following additional powers and duties to create the

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following forms and filing:

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     (1) To issue all applications, certificates and orders of revocation necessary for the

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purposes of this section which shall be upon forms prescribed by the board. Such forms relating

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to certificates of good conduct shall be distributed by the chairperson of the board.

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     (2) To immediately file a copy of the certificate, or of the order of revocation, with the

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Rhode Island bureau of criminal investigation.

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     (3) To require that any information contained within a certificate of good conduct shall be

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limited to:

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     (i) The applicant’s name;

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     (ii) Date of birth;

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     (iii) Certificate number;

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     (iv) Issue date; and

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     (v) Authentication phone number for department of corrections.

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     (h) Nothing contained in this act shall be deemed to be:

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     (1) Destruction or sealing of criminal records pursuant to Rhode Island general laws

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section 12-1-12; or

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     (2) Expungement of criminal records pursuant to sections 12-1.3-1 through 12-1.3-4; or

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     (3) An alteration or limitation of the manner of applying for pardons to the governor;

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     (i) The certificate shall not:

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     (1) Prevent any judicial, administrative, or licensing, authority or other body from relying

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upon the conviction specified in the certificate as the basis for the exercise of its discretionary

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power to suspend, revoke, or refuse to issue to renew any license, permit, or other authority or

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privilege.

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     (2) Limit the introduction of evidence of a prior conviction for purposes of impeachment

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of witness in a judicial or other proceeding where otherwise authorized by the applicable rules of

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evidence.

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     (3) Prevent an enhancement from misdemeanor to felony when charging an individual

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with a criminal offense subsequent to the conviction on which the certificate was issued, when a

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prior conviction mandates such enhancement of subsequent charges.

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     (j) Severability. – If any provision of this section or its application to any person or

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circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality shall not

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affect other provisions or applications of this section which can be given effect without the

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invalid or unconstitutional provision or application, and to this end the provisions of this section

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are declared to be severable.

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     SECTION 2. This act shall take effect upon passage.

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LC01591

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINALS--CORRECTIONAL INSTITUTIONS -- PAROLE

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     This act would create and establish procedures for issuance of certificates of good

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conduct by the parole board to certain individuals who have demonstrated rehabilitation after

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conviction of a crime under specific circumstances.

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     This act would take effect upon passage.

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LC01591

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