2013 -- S 0658

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LC01437

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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: Senators McCaffrey, and Walaska

     Date Introduced: March 06, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 13-8-18 and 13-8-19 of the General Laws in Chapter 13-8 entitled

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"Parole" are hereby amended to read as follows:

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     13-8-18. Revocation of parole -- Hearing. -- The parole board may, by a majority vote

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of all of its members, revoke, in accordance with the provisions of section 13-8-18.1, any permit

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issued by it to any prisoner under the provisions of this chapter or revoke any permit issued by

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another state or jurisdiction where the prisoner is being supervised by the Rhode Island parole

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board whenever it shall appear to the board that the prisoner has violated any of the terms or

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conditions of his or her permit or conditions of parole set by an out-of-state jurisdiction, or has

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during the period of his or her parole violated any state laws. Whenever it shall come to the

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knowledge of the board that any prisoner at liberty under a permit issued by this state or another

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state or jurisdiction has been guilty of any violation, the chairperson shall issue his or her warrant

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to any officer authorized to serve criminal process to arrest the prisoner and commit him or her to

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the adult correctional institutions, to be detained until the board shall have an opportunity to

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determine whether the permit of the prisoner is to be revoked in accordance with the provisions of

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section 13-8-18.1, or in the case of prisoners granted parole by another state or jurisdiction, and

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supervised by the Rhode Island parole board, until that state or jurisdiction takes custody of the

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prisoner. If the board shall determine that the permit shall not be revoked, then the board shall

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immediately order the prisoner to be set at liberty under the terms and conditions of his or her

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original permit.

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     13-8-19. Arrest and return to institution on revocation of parole. -- (a) Whenever the

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permit of a prisoner is revoked, in accordance with the provisions of section 13-8-18.1 the parole

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board shall order the prisoner to be returned to the adult correctional institutions or to the

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women's division of the adult correctional institutions, as the case may be, to serve the remainder

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of the prisoner's original sentence according to the terms of that sentence.

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      (b) The time between the release of the prisoner under the permit and the prisoner's

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return to the adult correctional institutions or the women's division of the adult correctional

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institutions under order of the board shall not be considered as any part of the prisoner's original

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sentence.

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      (c) If a prisoner is at liberty when the prisoner's permit is revoked, the chairperson shall

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issue his or her warrant to any officer authorized to serve criminal process to arrest the prisoner

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and return the prisoner to the adult correctional institutions or the women's division of the adult

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correctional institutions in accordance with the provisions of section 13-8-18.1 as ordered by the

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board.

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     (d) Where the prisoner is supervised by the parole board pursuant to a grant of parole by

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a state or jurisdiction other than Rhode Island, the parole board shall issue a detention warrant

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and order the prisoner committed to the adult correctional institution or the women’s division of

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the adult correctional institution until the authority from the state or other jurisdiction having

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granted the prisoner parole takes custody of the prisoner.

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     SECTION 2. This act shall take effect upon passage.

     

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LC01437

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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 permit the Rhode Island parole board to revoke a permit issued by another

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jurisdiction when the prisoner is being supervised by the Rhode Island parole board, and require

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return to the adult correctional institution of such person whose licenses have been so revoked.

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     This act would take effect upon passage.

     

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LC01437

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S0658