2013 -- H 5383

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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 -- PAROLE

     Introduced By: Representatives Slater, and Diaz

     Date Introduced: February 12, 2013

     Referred To: House 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) There is hereby established a certificate of

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good conduct procedure established for individuals that are convicted of a crime in which their

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legal status and ability to seek and maintain employment changes forever. A criminal record may

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prohibit individuals from successfully obtaining jobs, occupational licenses, housing and other

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benefits and opportunities available to all other individuals. These restrictions are often narrowly

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tailored and serve to protect society against an unidentified public safety risk, but others are

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arbitrary, unnecessary and without regard to any post-conviction rehabilitation or good conduct.

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Individuals who have successfully completed their board-imposed sentences need to be able to

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

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decision-makers need to have some reassurance of a person’s reliability. Therefore, the intent and

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purpose of this section is to provide a process that would, in select and appropriate cases, allow

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the issuance of a certificate of good conduct. Said certificate, if granted by the board, would serve

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to relieve the petitioner of some, and in appropriate cases, the collateral consequences resulting

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from his or her criminal record. Said certificate shall serve as one determining factor as to

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whether the petitioner has been successful in his or her rehabilitation.

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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 within the Rhode Island department of corrections,

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established pursuant to the provisions of section 13-8-1.

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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 not been convicted of a crime or of an

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

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one felony.

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     (5) “Certificate of good conduct” or “certificate” means a document that shall serve as

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one determining factor, consistent with concerns of public safety, of the person’s ability to obtain

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employment, professional licenses, housing and other benefits and opportunities. Provided,

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further, that said instrument shall serve as a determination that the person receiving it has

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successfully achieved his or her rehabilitation and is therefore deserving of re-entry into society.

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     (6) “Conviction”, notwithstanding the provisions of section 12-18-3, means the

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imposition of a fine, period of incarceration whether or not suspended, probation or deferred

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sentence imposed after the 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 rehabilitation from the board.

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     (8) “Felony” means a conviction of a felony in this state or of an offense, that is not a

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crime of violence, in any other jurisdiction for which a sentence to a term of imprisonment in

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excess of one year, was authorized. Criminal acts committed outside the state shall be classified

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as acts committed within the state.

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     (c) For the purposes of this section the following rules of construction, facts and

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circumstances shall 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 adopt the following procedures for certificate of good conduct

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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 (1) of this section, 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 the institutional facility, custody by parole or home confinement, 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 and may hold an open hearing or an individual conference on any

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matter relevant to the granting of the application and may take testimony under oath.

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     (e) The board shall have the power to issue and establish criteria upon passage of this act

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to determine eligibility for issuance of the certificate of good conduct:

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     (1) By an affirmative vote of a majority of the members of the board to issue a certificate

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of good conduct to any person previously convicted of a crime in any jurisdiction.

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     (f) The board shall have the following powers and duties:

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     (1) To create all applications and certificates necessary for the purposes of this section

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which shall be upon forms prescribed by the board. Such forms relating to certificates of good

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conduct shall be distributed by the chairperson of the board.

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     (2) To promulgate all necessary rules and regulations to carry out the intent of this

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section.

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     (3) Any information contained within a certificate of good conduct shall be 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;

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     (v) A statement that expressly sets forth that “The board has determined that up to and

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including the issue date stated above, this individual has met the necessary standards of good

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conduct to hold the certificate”; and

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     (vi) Authentication phone number for department of corrections.

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     (g) Nothing contained in this section shall be deemed:

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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) To alter or limit or affect the manner of applying for pardons to the governor.

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     (h) The certificate shall not be deemed to prevent:

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     (1) Any judicial proceeding, administrative, licensing or other body, or authority from

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

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

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authority or privilege.

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     (2) Or limit the introduction of evidence of a prior conviction for purposes of

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

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applicable rules of evidence.

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     (3) The enhancement from misdemeanor to felony when charging an individual with a

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

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conviction mandates such enhancement of subsequent charges.

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     (i) 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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     (j) An individual or entity that denies employment, professional licensing, housing or

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other benefits or opportunities to a holder of a certificate of good conduct on the basis of a

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criminal records check shall not be liable for civil damages or subject to any claim, demand,

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cause of action, or proceeding of any nature as a result of such denial.

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     SECTION 2. This act shall take effect one year after the date of enactment.

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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 one year after the date of enactment.

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