2014 -- H 7100

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LC003362

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINALS -- CORRECTIONAL INSTITUTIONS

     Introduced By: Representatives Hull, McLaughlin, Giarrusso, Malik, and Shekarchi

     Date Introduced: January 15, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

hereby amended to read as follows:

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

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

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

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

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

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

imprisonment.

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

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

served not less than fifteen (15) years imprisonment.

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

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

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

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

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

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

cease and terminate.

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

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

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

(25) years imprisonment; and

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

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

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

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

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

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

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

consecutively on each life sentence.

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

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

least thirty (30) years of the life sentence.

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

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

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

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

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

served at least twenty (20) years of the life sentence. In the event the person has received

consecutive life sentences for crimes other than first or second degree murder, he or she shall be

required to serve twenty (20) years of each sentence before being eligible for a parole permit.

     (4) Subdivisions (a)(1), (a)(2), and (a)(3) of this section, shall apply to crimes committed

on or after July 1, 2014. All persons convicted and sentenced for crimes committed prior to July

1, 2014 shall continue to be eligible for a parole permit as provided for at the time of the

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

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

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

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

1995, no parole permit may be issued until the prisoner has served at least fifteen (15) years

imprisonment.

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

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

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2014, no parole permit may be issued until the prisoner has served at least twenty (20) years

imprisonment.

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

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

committed after May 7, 1981 and prior to July 1, 1995, no parole permit may be issued until the

prisoner has served at least ten (10) years consecutively on each life sentence.

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

of life imprisonment for any crimes occurring after June 30, 1995 and prior to July 1, 2014, no

parole permit may be issued until the prisoner has served at least fifteen (15) years consecutively

on each life sentence.

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

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

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

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

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

murder, committed on or after July 1, 2014, and who is convicted thereafter of escape or

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

parole permit may be issued until the prisoner has served at least thirty-five (35) years

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

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

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

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

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

the prisoner shall cease.

     SECTION 2. This act shall take effect upon passage.

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LC003362

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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

degree murder.

     This act would take effect upon passage.

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