2014 -- H 7101

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LC003138

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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 - PAROLE

     Introduced By: Representatives Serpa, Hull, Silva, Giarrusso, and Johnston

     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) In the case of a conviction for a first or second degree murder and the prisoner has not

been sentenced to life in prison, a parole permit may only be issued after the prisoner has served

at least fifty percent (50%) of that sentence; and

     (ii) (iii) The parole 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.

     SECTION 2. This act shall take effect upon passage.

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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 provide that if a person has been convicted of first or second degree

murder but has not been sentenced to life in prison, then that convict must serve at least fifty

percent (50%) of that sentence prior to being eligible for parole consideration.

     This act would take effect upon passage.

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