2013 -- H 5147

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LC00269

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINALS -- CORRECTIONAL INSTITUTIONS

     Introduced By: Representatives Serpa, Silva, Almeida, Carnevale, and O'Brien

     Date Introduced: January 23, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 13-8-13 of the General Laws in Chapter 13-8 entitled "Parole" is

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hereby amended to read as follows:

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     13-8-13. Life prisoners and prisoners with lengthy sentences. – (a) In the case of a

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prisoner sentenced to imprisonment for life, a parole permit may be issued at any time after the

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prisoner has served not less than ten (10) years imprisonment provided, that:

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      (1) In the case of a prisoner serving a sentence or sentences of a length making him or

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her ineligible for a permit in less than ten (10) years, pursuant to sections 13-8-9 and 13-8-10, the

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permit may be issued at any time after the prisoner has served not less than ten (10) years

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imprisonment.

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      (2) In the case of a prisoner sentenced to imprisonment for life for a first or second

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degree murder committed after July 10, 1989, the permit may be issued only after the prisoner has

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served not less than fifteen (15) years imprisonment.

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      (3) (i) In the case of a prisoner sentenced to imprisonment for life for a first or second

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degree murder committed after June 30, 1995, the permit may be issued only after the prisoner

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has served not less than twenty (20) years imprisonment; and

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      (ii) The permit shall be issued only by a unanimous vote of all the attending members of

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the board, providing that not less than four (4) members are present, and whenever, after the issue

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of the permit, the prisoner shall be pardoned, then the control of the board over the prisoner shall

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cease and terminate.

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      (4) (i) In the case of a prisoner sentenced to imprisonment for life who is convicted of

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escape or attempted escape from the lawful custody of the warden of the adult correctional

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institutions, the permit may be issued only after the prisoner has served not less than twenty-five

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(25) years imprisonment; and

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      (ii) For each subsequent conviction of escape or attempted escape, an additional five (5)

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years shall be added to the time required to be served.

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      (b) In the case of a prisoner sentenced consecutively to more than one life term for

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crimes occurring after May 7, 1981, the permit may be issued only after the prisoner has served

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not less than ten (10) years consecutively on each life sentence; provided, in the case of a prisoner

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sentenced consecutively to more than one life term for crimes occurring after June 30, 1995, the

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permit may be issued only after the prisoner has served not less than fifteen (15) years

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consecutively on each life sentence.

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      (a)(1) No person convicted for a first or second degree murder and who has been

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sentenced to a term of life imprisonment shall be eligible for a parole permit until he or she

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actually shall have served at least thirty (30) years of the life sentence.

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     (2) If any such person shall be sentenced to consecutive life sentences for convictions of

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more than a single first or second degree murder, he or she shall not be eligible for a parole

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permit until he or she actually shall have served thirty (30) years of each of the life sentences.

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     (3) No person sentenced to a term of life imprisonment for the commission of a crime

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other than first or second degree murder, shall be eligible for a parole permit until he or she

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actually shall have served at least twenty (20) years of the life sentence. In the event the person

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has received consecutive life sentences for crimes other than first or second degree murder, he or

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she will be required to serve twenty (20) years of each sentence before being eligible for a parole

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permit.

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     (4) The preceding subdivisions (a)(1), (a)(2), and (a)(3), shall apply to crimes committed

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on or after July 1, 2005. All persons convicted and sentenced for crimes committed prior to July

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1, 2005 shall continue to be eligible for a parole permit as provided for at the time of the

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commission of the particular offense or offenses for which the sentence or sentences were

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imposed and, if applicable, pursuant to sections 13-8-9 and 13-8-10.

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     (5) In the case of a prisoner who has been sentenced to a term of life imprisonment for

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conviction of first or second degree murder committed after July 10, 1989 and prior to June 30,

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1995, no parole permit may be issued until the prisoner actually shall have served at least fifteen

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(15) years imprisonment.

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     (6) In the case of a prisoner who has been sentenced to a term of life imprisonment for

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conviction of first or second degree murder committed after June 30, 1995 and prior to July 1,

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2005, no parole permit may be issued until the prisoner actually shall have served at least twenty

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(20) years imprisonment.

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     (7) In the case of a prisoner who has been sentenced consecutively to more than one term

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of life imprisonment for conviction of crimes, other than first and second degree murder,

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committed after May 7, 1981 and prior to July 1, 2005, no parole permit may be issued until the

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prisoner actually shall have served at least ten (10) years consecutively on each life sentence.

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     (8) In the case of a prisoner who has been sentenced consecutively to more than one term

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of life imprisonment for any crimes occurring after June 30, 1995 and prior to July 1, 2005, no

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parole permit may be issued until the prisoner actually shall have served at least fifteen (15) years

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consecutively on each life sentence.

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     (9) In the case of a prisoner who has been sentenced to a term of life imprisonment and

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thereafter who is convicted of escape or attempted escape from the lawful custody of the warden

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of the adult correctional institutions, no parole permit may be issued until the prisoner actually

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shall have served at least twenty-five (25) years imprisonment; provided, however, that a prisoner

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who has been sentenced to a term of life imprisonment for conviction of first or second degree

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murder, committed on or after July 1, 2005, and who is convicted thereafter of escape or

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attempted escape from the lawful custody of the warden of the adult correctional institutions, no

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parole permit may be issued until the prisoner actually shall have served at least thirty-five (35)

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years imprisonment. For each subsequent conviction of escape or attempted escape, an additional

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five (5) years shall be added to the time required to be served.

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     (b) The permit shall be issued only by a unanimous vote of all the attending members of

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the board, with no fewer than four (4) members present.

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     (c) If, after the issue of the permit the prisoner is pardoned, the control of the board over

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the prisoner shall cease.

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     SECTION 2. This act shall take effect upon passage.

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LC00269

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINALS -- CORRECTIONAL INSTITUTIONS

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     This act would change the parole guidelines for persons who commit first and second

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degree murder.

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     This act would take effect upon passage.

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LC00269

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