2016 -- H 7389

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LC004162

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO ELECTIONS -- PUBLIC RECORDS -- RESTORATION OF VOTING

RIGHTS

     Introduced By: Representatives Williams, Lombardi, Regunberg, Hull, and Tobon

     Date Introduced: January 28, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-9.2-3 of the General Laws in Chapter 17-9.2 entitled "Rhode

Island Restoration of Voting Rights Act" is hereby amended to read as follows:

     17-9.2-3. Restoration of voting rights. -- (a) A person who has lost the right of suffrage

under Article II, Section 1 of the Constitution of Rhode Island because of such person's

incarceration upon a felony conviction shall be restored the right to vote when that person is

discharged from incarceration.

      (b) Before accepting a plea of guilty or nolo contendere to a felony, and before imposing

a felony sentence after trial, the court shall notify the defendant that conviction will result in loss

of the right to vote only if and for as long as the person is incarcerated and that voting rights are

restored upon discharge.

      (c) The department of corrections shall act as a voter registration agency in accordance

with § 17-9.1-8. In this capacity, and as part of the release process leading to a person's discharge

from a correctional facility, the department of corrections shall notify that person in writing that

voting rights will be restored, provide that person with a voter registration form and a declination

form, and offer that person assistance in filling out the appropriate form. Unless the registrant

refuses to permit it to do so, the department of corrections shall transmit the completed voter

registration form to the state board or local board where the registrant resides. As part of the

release process, the department shall also provide each person written notice, prepared in

collaboration with the secretary of state, explaining how those who have declined to register to

vote may do so in the future, and shall include a list of informational resources for learning more

about their right to vote.

      (d) The department of corrections shall, on or before the 15th day of each month,

transmit to the secretary of state two (2) lists. The first shall contain the following information

about persons convicted of a felony who, during the preceding period, have become ineligible to

vote because of their incarceration; the second, which shall be deemed a public record subject to

disclosure pursuant to the provisions of chapter 2 of title 38, shall contain the following

information about persons convicted of a felony who, during the preceding period, have become

eligible to vote because of their discharge from incarceration:

      (1) name;

      (2) date of birth;

      (3) date of entry of judgment of conviction;

      (4) description of offense;

      (5) sentence.

      (e) The secretary of state shall ensure that the statewide central voter registration is

purged of the names of persons who are ineligible to vote because of their incarceration upon a

felony conviction. The secretary of state shall likewise ensure that the names of persons who are

eligible and registered to vote following their discharge from incarceration are added to the

statewide central voter register in the same manner as all other names are added to that register.

      (f) The secretary of state shall ensure that persons who have become eligible to vote

because of their discharge from incarceration face no continued barriers to registration or voting

resulting from their felony convictions.

      (g) The secretary of state shall develop and implement a program to educate attorneys,

judges, election officials, corrections officials, and members of the public about the requirements

of this section, ensuring that:

      (1) Judges are informed of their obligation to notify criminal defendants of the potential

loss and restoration of their voting rights in accordance with subsection (b) hereof.

      (2) The department of corrections is prepared to assist people with registration to vote in

anticipation of their discharge from incarceration, including by forwarding completed voter

registration forms to the state board or local board where the registrant resides.

      (3) The language on voter registration forms makes clear that people who have been

disqualified from voting because of felony convictions regain the right to vote when they are

discharged from incarceration.

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      (4) The state department of corrections is prepared to transmit to the secretary of state

the information specified in subsection (d) hereof.

      (5) Probation and parole officers are informed of the change in the law and are prepared

to notify probationers and parolees that their right to vote is restored.

      (6) Accurate and complete information about the voting rights of people who have been

charged with or convicted of crimes, whether disfranchising or not, is made available through a

single publication to government officials and the public.

      (h) Voting rights shall be restored to all Rhode Island residents who have been

discharged from incarceration or who were never incarcerated following felony convictions,

whether they were discharged or sentenced before or after the effective date of this section.

     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 ELECTIONS -- PUBLIC RECORDS -- RESTORATION OF VOTING

RIGHTS

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     This act would make a public record of the list sent by the department of corrections to

the secretary of state containing information about formerly incarcerated inmates who have

become eligible to vote because of their discharge from incarceration. It would also require the

department to inform released inmates of their right to vote.

     This act would take effect upon passage.

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