2015 -- S 0132

========

LC000065

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

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:

     SECTION 1. Sections 13-8-9 and 13-8-13 of the General Laws in Chapter 13-8 entitled

"Parole" are hereby amended to read as follows:

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

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

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

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

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

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

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

the board may prescribe.

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

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

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

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

     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 §§ 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

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

degree murder committed after June 30, 2015, the permit may be issued only after the prisoner

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

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

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

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

     (ii) (b)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)(c)(1) 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; provided, however, that as to a prisoner who has been sentenced to

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

2015, and who is convicted thereafter 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 thirty-five (35) years imprisonment; and

     (ii)(2) 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)(d) 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. In the case of a prisoner sentenced consecutively to more

LC000065 - Page 2 of 3

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

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

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

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

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

     SECTION 2. This act shall take effect upon passage.

========

LC000065

========

LC000065 - Page 3 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINALS -- CORRECTIONAL INSTITUTIONS

***

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

before they are eligible for parole.

     This act would take effect upon passage.

========

LC000065

========

LC000065 - Page 4 of 3