2015 -- S 0132

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINALS -- CORRECTIONAL INSTITUTIONS

     

     Introduced By: Senators Raptakis, Lombardi, McCaffrey, Lombardo, and Nesselbush

     Date Introduced: January 22, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 13-8-9 and 13-8-13 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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     13-8-9. Issuance of parole. – (a) The parole board, in the case of any prisoner whose

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sentence is subject to its control, unless that prisoner is sentenced to imprisonment for life, and

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unless that prisoner is confined as a habitual criminal under the provisions of § 12-19-21, may, by

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an affirmative vote of a majority of the members of the board, issue to that prisoner a permit to be

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at liberty upon parole, whenever that prisoner has served not less than one-third ( 1/3) of the term

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for which he or she was sentenced. The permit shall entitle the prisoner to whom it is issued to be

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at liberty during the remainder of his or her term of sentence upon any terms and conditions that

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the board may prescribe.

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      (b) Notwithstanding the provisions of subsection (a) of this section, in the case of a

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conviction for a first or second degree murder committed after June 30, 2015, when the prisoner

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has not been sentenced to life, the prisoner shall not be eligible for a parole permit until he or she

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has served at least fifty-percent (50%) of his or her sentence.

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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 §§ 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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     (4) 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, 2015, the permit may be issued only after the prisoner

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has served not less than thirty (30) years imprisonment.

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     (5) In the case of a prisoner sentenced to imprisonment for life for a crime, other than

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first or second degree murder, committed after June 30, 2015, the permit may be issued only after

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the prisoner has served not less than twenty (20) years imprisonment.

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

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

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

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shall cease and terminate.

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      (4) (i)(c)(1) In the case of a prisoner sentenced to imprisonment for life who is convicted

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of 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; provided, however, that as to a prisoner who has been sentenced to

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imprisonment for life for a conviction of first or second degree murder, committed after June 30,

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2015, and who is convicted thereafter of escape or attempted escape from the lawful custody of

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the warden of the adult correctional institutions, the permit may be issued only after the prisoner

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has served not less than thirty-five (35) years imprisonment; and

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     (ii)(2) For each subsequent conviction of escape or attempted escape, an additional five

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

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     (b)(d) 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. In the case of a prisoner sentenced consecutively to more

 

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than one life term for crimes occurring after June 30, 2015, the permit may be issued only after

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the prisoner has served not less than twenty (20) years consecutively on each life sentence. In the

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case of a prisoner sentenced consecutively to more than one life term for crimes, including first or

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second degree murder, occurring after June 30, 2015, the permit may be issued only after the

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prisoner has served not less than thirty (30) years consecutively on each life sentence.

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     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

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     This act would increase the time convicted murderers must serve of their sentences

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before they are eligible for parole.

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     This act would take effect upon passage.

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