2016 -- S 2934 | |
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LC005566 | |
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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 CRIMINALS - CORRECTIONAL INSTITUTIONS - PAROLE, MEDICAL | |
PAROLE, COMMUNITY CONFINEMENT, AND CORRECTIONAL IMPACTS | |
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Introduced By: Senators McCaffrey, Lynch Prata, Lombardi, Conley, and Metts | |
Date Introduced: May 03, 2016 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 13-8-14.1 and 13-8-19 of the General Laws in Chapter 13-8 |
2 | entitled "Parole" are hereby amended to read as follows: |
3 | 13-8-14.1. Parole standards. -- (a) At least once each calendar year the parole board |
4 | shall adopt standards to be utilized by the board in evaluating applications for parole of persons |
5 | convicted of a criminal offense and sentenced to the adult correctional institutions. These |
6 | standards shall establish, with the range of parole eligibility set by statute, the portion of a |
7 | sentence which should be served depending on the likelihood of recidivism as determined by a |
8 | risk assessment, and shall serve as guidelines for the board in making individual parole |
9 | determinations. |
10 | (b) The board shall consider the applicable standard prior to rendering a decision on a |
11 | parole application, and may make a determination at variance with that standard only upon a |
12 | finding that the determination is warranted by individualized factors, such as the character and |
13 | criminal record criminal history, attitudes, and values of the applicant that bear on the likelihood |
14 | to reoffend, the nature and circumstances of the offense or offenses for which the applicant was |
15 | sentenced, the conduct of the applicant while incarcerated, including meaningful participation in a |
16 | risk-reducing program and substantial compliance with the rules of the institution, pro-social or |
17 | anti-social associations, and the criteria set forth in § 13-8-14. "Risk-reducing program" means a |
18 | program that adheres to those elements that are shown in research to reduce recidivism. |
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1 | (c) In each case where the board grants an application prior to the time set by the |
2 | applicable standard or denies an application on or after the time set by that standard, the board |
3 | shall set forth in writing the rationale for its determination. |
4 | 13-8-19. Arrest and return to institution on revocation of parole. -- (a) Whenever the |
5 | permit of a prisoner is revoked, in accordance with the provisions of § 13-8-18.1 the parole board |
6 | shall order the prisoner to be returned to the adult correctional institutions or to the women's |
7 | division of the adult correctional institutions, as the case may be, to serve the remainder of the |
8 | prisoner's original sentence according to the terms of that sentence. |
9 | (b) The time between the release of the prisoner under the permit and the prisoner's |
10 | return to the adult correctional institutions or the women's division of the adult correctional |
11 | institutions under order of the board shall not may be considered as any part of the prisoner's |
12 | original sentence. The parole board may choose to credit or revoke all or part of the time served |
13 | under the permit from the original sentence, taking into consideration the seriousness of the |
14 | violation that prompted revocation. The board shall adopt standards to be utilized in determining |
15 | whether to credit all or part of the time served under the permit from the original sentence. |
16 | (c) If a prisoner is at liberty when the prisoner's permit is revoked, the chairperson shall |
17 | issue his or her warrant to any officer authorized to serve criminal process to arrest the prisoner |
18 | and return the prisoner to the adult correctional institutions or the women's division of the adult |
19 | correctional institutions in accordance with the provisions of § 13-8-18.1 as ordered by the board. |
20 | (d) Where the prisoner is supervised by the parole board pursuant to a grant of parole by |
21 | a state or jurisdiction other than Rhode Island, the parole board shall issue a detention warrant |
22 | and order the prisoner committed to the adult correctional institution or the women's division of |
23 | the adult correctional institution until the authority from the state or other jurisdiction having |
24 | granted the prisoner parole takes custody of the prisoner. |
25 | SECTION 2. Sections 13-8.1-3 and 13-8.1-4 of the General Laws in Chapter 13-8.1 |
26 | entitled "Medical Parole" are hereby amended to read as follows: |
27 | 13-8.1-3. Definitions. -- (a) "Permanently physically incapacitated" means suffering from |
28 | a condition caused by injury, disease, or illness, or cognitive insult such as dementia or persistent |
29 | vegetative state, which, to a reasonable degree of medical certainty, permanently and irreversibly |
30 | physically incapacitates the individual to the extent that the individual needs help with most of |
31 | the activities that are necessary for independence such as feeding, toileting, dressing, and bathing |
32 | and transferring, or no significant physical activity is possible, and the individual is confined to |
33 | bed or a wheelchair. |
34 | (b) "Terminally ill" means suffering from a condition caused by injury (except self- |
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1 | inflicted injury), disease, or illness which to a reasonable degree of medical certainty is a life- |
2 | limiting diagnosis that will lead to profound functional, cognitive and/or physical decline, and |
3 | likely will result in death within six (6) eighteen (18) months. |
4 | (c) "Severely ill" means suffering from a significant and permanent or chronic physical |
5 | and/or mental condition that: (1) Requires extensive medical and/or psychiatric treatment with |
6 | little to no possibility of recovery; and (2) Precludes significant rehabilitation from further |
7 | incarceration. |
8 | 13-8.1-4. Procedure. -- (a) The parole board is authorized to grant release of a prisoner, |
9 | except a prisoner serving life without parole, at any time, who is determined to be terminally ill, |
10 | severely ill or permanently physically incapacitated within the meaning of § 13-8.1-3. Inmates |
11 | who are severely ill will only be considered for such release when their treatment causes the state |
12 | to incur exorbitant expenses as a result of continued and frequent medical treatment during |
13 | incarceration, as determined by the office of financial resources of the department of corrections. |
14 | (b) In order to apply for this relief, the prisoner or their family member or friend, with an |
15 | attending physician's written approval, or an attending physician, on behalf of the prisoner, shall |
16 | file an application with the director of the department of corrections. Within seventy-two (72) |
17 | hours after the filing of any application, the director shall refer the application to the health |
18 | service unit of the department of corrections for a medical report and a medical discharge plan to |
19 | be completed within ten (10) days. Upon receipt of the medical discharge plan the director of the |
20 | department of corrections shall immediately transfer the medical discharge plan together with the |
21 | application to the parole board for its consideration and decision. |
22 | (c) The report shall contain, at a minimum, the following information: |
23 | (1) Diagnosis of the prisoner's medical conditions, including related medical history; |
24 | (2) Detailed description of the conditions and treatments; |
25 | (3) Prognosis, including life expectancy, likelihood of recovery, likelihood of |
26 | improvement, mobility and trajectory, and rate of debilitation; |
27 | (4) Degree of incapacity or disability, including an assessment of whether the prisoner is |
28 | ambulatory, capable of engaging in any substantial physical activity, ability to independently |
29 | provide for their daily life activities, and the extent of that activity; |
30 | (5) An opinion from the medical director as to whether the person is terminally ill, and if |
31 | so, the stage of the illness or whether the person is permanently physically incapacitated or |
32 | severely ill. If the medical director's opinion is that the person is not terminally ill, permanently, |
33 | physically incapacitated, or severely ill as defined in § 13-8.1-3, the petition for medical parole |
34 | shall not be forwarded to the parole board. |
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1 | (6) In the case of a severely ill inmate, the report shall also contain a determination from |
2 | the office of financial resources that the inmate's illness causes the state to incur exorbitant |
3 | expenses as a result of continued and frequent medical treatment during incarceration. |
4 | (d) When the director of corrections refers a prisoner to the parole board for medical |
5 | parole, the director shall provide to the parole board a medical discharge plan which is acceptable |
6 | to the parole board. |
7 | (e) The department of corrections and the parole board shall jointly develop standards for |
8 | the medical discharge plan that are appropriately adapted to the criminal justice setting. The |
9 | discharge plan should ensure at the minimum that: |
10 | (1) An appropriate placement for the prisoner has been secured, including, but not |
11 | limited to, a hospital, nursing facility, hospice, or family home; |
12 | (2) A referral has been made for the prisoner to secure a source for payment of the |
13 | prisoner's medical expenses; |
14 | (3) A parole officer has been assigned to periodically obtain updates on the prisoner's |
15 | medical condition to report back to the board. |
16 | (f) If the parole board finds from the credible medical evidence that the prisoner is |
17 | terminally ill, permanently physically incapacitated, or severely ill, the board shall grant release |
18 | to the prisoner but only after the board also considers whether, in light of the prisoner's medical |
19 | condition, there is a reasonable probability that the prisoner, if released, will live and remain at |
20 | liberty without violating the law, and that the release is compatible with the welfare of society |
21 | and will not so depreciate the seriousness of the crime as to undermine respect for the law. |
22 | Notwithstanding any other provision of law, release may be granted at any time during the term |
23 | of a prisoner's sentence. |
24 | (g) There shall be a presumption that the opinion of the physician and/or medical |
25 | director will be accepted. However, the applicant, the physician, the director, or the parole board |
26 | may request an independent medical evaluation within seven (7) days after the physician's and/or |
27 | medical director's report is presented. The evaluation shall be completed and a report, containing |
28 | the information required by subsection (b) of this section, filed with the director and the parole |
29 | board and a copy sent to the applicant within fourteen (14) days from the date of the request. |
30 | (h) Within seven (7) days of receiving the application, the medical report and the |
31 | discharge plan, the parole board shall determine whether the application, on its face, demonstrates |
32 | that relief may be warranted. If the face of the application clearly demonstrates that relief is |
33 | unwarranted, the board may deny the application without a hearing or further proceedings, and |
34 | within seven (7) days shall notify the prisoner in writing of its decision to deny the application, |
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1 | setting forth its factual findings and a brief statement of the reasons for denying release without a |
2 | hearing. Denial of release does not preclude the prisoner from reapplying for medical parole after |
3 | the expiration of sixty (60) days. A reapplication under this section must demonstrate a material |
4 | change in circumstances. |
5 | (i) (1) Upon receipt of the application from the director of the department of corrections |
6 | the parole board shall, except as provided in subsection (h) of this section, set the case for a |
7 | hearing within thirty (30) days; |
8 | (2) Notice of the hearing shall be sent to the prosecutor and the victim(s), if any, of the |
9 | offense(s) for which the prisoner is incarcerated, and the prosecutor and the victim(s) shall have |
10 | the right to be heard at the hearing, or in writing, or both; |
11 | (3) At the hearing, the prisoner shall be entitled to be represented by an attorney or by |
12 | the public defender if qualified or other representative. |
13 | (j) Within seven (7) days of the hearing, the parole board shall issue a written decision |
14 | granting or denying medical parole and explaining the reasons for the decision. If the board |
15 | determines that medical parole is warranted, it shall impose conditions of release, which shall |
16 | include the following: |
17 | (1) Periodic medical examinations; |
18 | (2) Periodic reporting to a parole officer, and the reporting interval; |
19 | (3) Any other terms or conditions that the board deems necessary; and |
20 | (4) In the case of a prisoner who is medically paroled due to being severely ill, the parole |
21 | board shall require electronic monitoring as a condition of the medical parole, unless the health |
22 | care plan mandates placement in a medical facility that cannot accommodate the electronic |
23 | monitoring. |
24 | (k) If after release the releasee's condition or circumstances change so that he or she |
25 | would not then be eligible for medical parole, the parole board may order him or her returned to |
26 | custody to await a hearing to determine whether his or her release should be revoked. A release |
27 | may also be revoked for violation of conditions otherwise applicable to parole. |
28 | (l) An annual report shall be prepared by the director of corrections for the parole board |
29 | and the general assembly. The report shall include: |
30 | (1) The number of inmates who have applied for medical parole; |
31 | (2) The number who have been granted medical parole; |
32 | (3) The nature of the illness of the applicants, and the nature of the placement pursuant to |
33 | the medical discharge plan; |
34 | (4) The categories of reasons for denial for those who have been denied; |
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1 | (5) The number of releasees on medical parole who have been returned to the custody of |
2 | the department of corrections and the reasons for return. |
3 | SECTION 3. Sections 42-56-20.2 and 42-56-38 of the General Laws in Chapter 42-56 |
4 | entitled "Corrections Department" are hereby amended to read as follows: |
5 | 42-56-20.2. Community confinement. -- (a) Persons subject to this section. - Every |
6 | person who shall have been adjudged guilty of any crime after trial before a judge, a judge and |
7 | jury, or before a single judge entertaining the person's plea of nolo contendere or guilty to an |
8 | offense ("adjudged person") and every person sentenced to imprisonment in the adult correctional |
9 | institutions ("sentenced person") including those sentenced or imprisoned for civil contempt, and |
10 | every person awaiting trial at the adult correctional institutions ("detained person") who meets the |
11 | criteria set forth in this section shall be subject to the terms of this section except: |
12 | (1) Any person who is unable to demonstrate that a permanent place of residence |
13 | ("eligible residence") within this state is available to that person; or |
14 | (2) Any person who is unable to demonstrate that he or she will be regularly employed, |
15 | or enrolled in an educational or vocational training program within this state, and within thirty |
16 | (30) days following the institution of community confinement; or |
17 | (3) (i) Any adjudged person or sentenced person or detained person who has been |
18 | convicted, within the five (5) years next preceding the date of the offense for which he or she is |
19 | currently so adjudged or sentenced or detained, of a violent felony. |
20 | A "violent felony" as used in this section shall mean any one of the following crimes or |
21 | an attempt to commit that crime: murder, manslaughter, sexual assault, mayhem, robbery, |
22 | burglary, assault with a dangerous weapon, assault or battery involving serious bodily injury, |
23 | arson, breaking and entering into a dwelling, child molestation, kidnapping, DWI resulting in |
24 | death or serious injury, driving to endanger resulting in death or serious injury. |
25 | (ii) Any person currently adjudged guilty of or sentenced for or detained on any capital |
26 | felony; or |
27 | (iii) Any person currently adjudged guilty of or sentenced for or detained on a felony |
28 | offense involving the use of force or violence against a person or persons. |
29 | These shall include, but are not limited to, those offenses listed in subsection (a)(3)(i); or |
30 | (iv) Any person currently adjudged guilty, sentenced, or detained for the sale, delivery, |
31 | or possession with intent to deliver a controlled substance in violation of § 21-28-4.01(a)(4)(i) or |
32 | possession of a certain enumerated quantity of a controlled substance in violation of §§ 21-28- |
33 | 4.01.1 or 21-28-4.01.2. |
34 | (v) Any person currently adjudged guilty of or sentenced for or detained on an offense |
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1 | involving the illegal possession of a firearm. |
2 | (b) Findings prior to sentencing to community confinement. - In the case of adjudged |
3 | persons, if the judge intends to impose a sentence of community confinement, he or she shall first |
4 | make specific findings, based on evidence regarding the nature and circumstances of the offense |
5 | and the personal history, character, record, and propensities of the defendant which are relevant to |
6 | the sentencing determination, and these findings shall be placed on the record at the time of |
7 | sentencing. These findings shall include, but are not limited to: |
8 | (1) A finding that the person does not demonstrate a pattern of behavior indicating a |
9 | propensity for violent behavior; |
10 | (2) A finding that the person meets each of the eligibility criteria set forth in subsection |
11 | (a); |
12 | (3) A finding that simple probation is not an appropriate sentence; |
13 | (4) A finding that the interest of justice requires, for specific reasons, a sentence of non- |
14 | institutional confinement; and |
15 | (5) A finding that the person will not pose a risk to public safety if placed in community |
16 | confinement. |
17 | The facts supporting these findings shall be placed on the record, and shall be subject to |
18 | review on appeal. |
19 | (c) Community confinement. |
20 | (1) There shall be established within the department of corrections, a community |
21 | confinement program to serve that number of adjudged persons, sentenced persons and detainees, |
22 | that the director of the department of corrections ("director") shall determine on or before July 1 |
23 | of each year. Immediately upon that determination, the director shall notify the presiding justice |
24 | of the superior court of the number of adjudged persons, sentenced persons, and detainees that |
25 | can be accommodated in the community confinement program for the succeeding twelve (12) |
26 | months. One-half (1/2) of all persons sentenced to community confinement shall be adjudged |
27 | persons, and the balance shall be detainees and sentenced persons. The director shall provide to |
28 | the presiding justice of the superior court and the family court on the first day of each month a |
29 | report to set forth the number of adjudged persons, sentenced persons and detainees participating |
30 | in the community confinement program as of each reporting date. Notwithstanding any other |
31 | provision of this section, if on April 1 of any fiscal year less than one-half (1/2) of all persons |
32 | sentenced to community confinement shall be adjudged persons, then those available positions in |
33 | the community confinement program may be filled by sentenced persons or detainees in |
34 | accordance with the procedures set forth in subdivision (c)(2) of this section. |
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1 | (2) In the case of inmates other than those classified to community confinement under |
2 | subsection (h), the director may make written application ("application") to the sentencing judge |
3 | for an order ("order") directing that a sentenced person or detainee be confined within an eligible |
4 | residence for a period of time, which in the case of a sentenced person, shall not exceed the term |
5 | of imprisonment. This application and order shall contain a recommendation for a program of |
6 | supervision and shall contain the findings set forth in subsections (b)(1), (b)(2), (b)(3), (b)(4), and |
7 | (b)(5) and facts supporting these findings. The application and order may contain a |
8 | recommendation for the use of electronic surveillance or monitoring devices. The hearing on this |
9 | application shall be held within ten (10) business days following the filing of this application. If |
10 | the sentencing judge is unavailable to hear and consider the application the presiding justice of |
11 | the superior court shall designate another judge to do so. |
12 | (3) In lieu of any sentence, which may be otherwise imposed upon any person subject to |
13 | this section, the sentencing judge may cause an adjudged person to be confined within an eligible |
14 | residence for a period of time not to exceed the term of imprisonment otherwise authorized by the |
15 | statute the adjudged person has been adjudged guilty of violating. |
16 | (4) With authorization by the sentencing judge, or, in the case of sentenced persons |
17 | classified to community confinement under subsection (h) by the director of corrections, or in |
18 | accordance with the order, persons confined under the provisions of this chapter may be |
19 | permitted to exit the eligible residence in order to travel directly to and from their place of |
20 | employment or education or training and may be confined in other terms or conditions consistent |
21 | with the basic needs of that person that justice may demand, including the right to exit the eligible |
22 | residence to which that person is confined for certain enumerated purposes such as religious |
23 | observation, medical and dental treatment, participation in an education or vocational training |
24 | program, and counseling, all as set forth in the order. |
25 | (d) Administration. - (1) Community confinement. The supervision of persons confined |
26 | under the provisions of this chapter shall be conducted by the director, or his or her designee. |
27 | (2) Intense surveillance. - The application and order shall prescribe a program of intense |
28 | surveillance and supervision by the department of corrections. Persons confined under the |
29 | provisions of this section shall be subject to searches of their persons or of their property when |
30 | deemed necessary by the director, or his or her designee, in order to ensure the safety of the |
31 | community, supervisory personnel, the safety and welfare of that person and/or to ensure |
32 | compliance with the terms of that person's program of community confinement; provided, |
33 | however, that no surveillance, monitoring or search shall be done at manifestly unreasonable |
34 | times or places nor in a manner or by means that would be manifestly unreasonable under the |
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1 | circumstances then present. |
2 | (3) The use of any electronic surveillance or monitoring device which is affixed to the |
3 | body of the person subject to supervision is expressly prohibited unless set forth in the application |
4 | and order or, in the case of sentenced persons classified to community confinement under |
5 | subsection (h), otherwise authorized by the director of corrections. |
6 | (4) Regulatory authority. - The director shall have full power and authority to enforce |
7 | any of the provisions of this section by regulation, subject to the provisions of the Administrative |
8 | Procedures Act, chapter 35 of title 42. Notwithstanding any provision to the contrary, the |
9 | department of corrections may contract with private agencies to carry out the provisions of this |
10 | section. The civil liability of those agencies and their employees, acting within the scope of their |
11 | employment, and carrying out the provision of this section, shall be limited in the same manner |
12 | and dollar amount as if they were agencies or employees of the state. |
13 | (e) Violations. - Any person confined pursuant to the provisions of this section, who is |
14 | found to be a violator of any of the terms and conditions imposed upon him or her according to |
15 | the order, or in the case of sentenced persons classified to community confinement under |
16 | subsection (h), otherwise authorized by the director of corrections, this section, or any rules, |
17 | regulations, or restrictions issued pursuant hereto shall be ineligible for parole, and shall serve the |
18 | balance of his or her sentence in a classification deemed appropriate by the director. If that |
19 | conduct constitutes a violation of § 11-25-2, the person, upon conviction, shall be subject to an |
20 | additional term of imprisonment of not less than one year and not more than twenty (20) years. |
21 | However, it shall be a defense to any alleged violation that the person was at the time of the |
22 | violation acting out of a necessary response to an emergency situation. An "emergency situation" |
23 | shall be construed to mean the avoidance by the defendant of death or of substantial personal |
24 | injury, as defined above, to him or herself or to others. |
25 | (f) Costs. - Each person confined according to this section shall reimburse the state for |
26 | the costs or a reasonable portion thereof incurred by the state relating to the community |
27 | confinement of those persons. Costs shall be initially imposed by the sentencing judge or in the |
28 | order and shall be assessed by the director prior to the expiration of that person's sentence. Once |
29 | assessed, those costs shall become a lawful debt due and owing to the state by that person. |
30 | Monies received under this section shall be deposited as general funds. |
31 | (g) Severability. - Every word, phrase, clause, section, subsection, and any of the |
32 | provisions of this section are hereby declared to be severable from the whole, and a declaration of |
33 | unenforceability or unconstitutionality of any portion of this section, by a judicial court of |
34 | competent jurisdiction, shall not affect the portions remaining. |
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1 | (h) Sentenced persons approaching release. - Notwithstanding the provisions set forth |
2 | within this section, any sentenced person committed under the direct care, custody, and control of |
3 | the adult correctional institutions, who is within six (6) months of the projected good time release |
4 | date, provided that the person shall have completed at least one-half (1/2) of the full term of |
5 | incarceration, or any person who is sentenced to a term of six (6) months or less of incarceration, |
6 | provided that the person shall have completed at least three-fourths (3/4) of the term of |
7 | incarceration, may in the discretion of the director of corrections be classified to community |
8 | confinement. This provision shall not apply to any person whose current sentence was imposed |
9 | upon conviction of murder, first degree sexual assault or first degree child molestation. |
10 | (i) Notification to police departments. - The director, or his or her designee, shall notify |
11 | the appropriate police department when a sentenced, adjudged or detained person has been placed |
12 | into community confinement within that department's jurisdiction. That notice will include the |
13 | nature of the offense and the express terms and conditions of that person's confinement. That |
14 | notice shall also be given to the appropriate police department when a person in community |
15 | confinement within that department's jurisdiction is placed in escape status. |
16 | (j) No incarceration credit for persons awaiting trial. - No detainee shall be given |
17 | incarceration credit by the director for time spent in community confinement while awaiting trial. |
18 | (k) No confinement in college or university housing facilities. - Notwithstanding any |
19 | provision of the general laws to the contrary, no person eligible for community confinement shall |
20 | be placed in any college or university housing facility, including, but not limited to, dormitories, |
21 | fraternities or sororities. College or university housing facilities shall not be considered an |
22 | "eligible residence" for "community confinement." |
23 | (l) A sentencing judge shall have authority to waive overnight stay or incarceration at the |
24 | adult correctional institution after the sentencing of community confinement. Such a waiver shall |
25 | be binding upon the adult correctional institution and the staff thereof, including, but not limited |
26 | to the community confinement program. |
27 | 42-56-38. Assessment of costs. -- (a) Each sentenced offender committed to the care, |
28 | custody or control of the department of corrections shall reimburse the state for the cost or the |
29 | reasonable portion of the cost incurred by the state relating to that commitment; provided, |
30 | however, that a person committed, awaiting trial and not convicted, shall not be liable for the |
31 | reimbursement. Items of cost shall include physical services and commodities such as food, |
32 | medical, clothing and specialized housing, as well as social services such as specialized |
33 | supervision and counseling. Costs shall be assessed by the director of corrections, or his or her |
34 | designee, based upon each person's ability to pay, following a public hearing of proposed fee |
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1 | schedules. Each offender's family income and number of dependents shall be among the factors |
2 | taken into consideration when determining ability to pay. Moneys received under this section |
3 | shall be deposited as general revenues. The director shall promulgate rules and regulations |
4 | necessary to carry out the provisions of this section. The rules and regulations shall provide that |
5 | the financial situation of persons, financially dependent on the person, be considered prior to the |
6 | determination of the amount of reimbursement. This section shall not be effective until the date |
7 | the rules and regulations are filed with the office of the secretary of state. |
8 | (b) Notwithstanding the provision of subsection (a), or any rule or regulation |
9 | promulgated by the director, any sentenced offender who is ordered or directed to the work |
10 | release program, shall pay no less than thirty percent (30%) of his or her gross net salary for room |
11 | and board. |
12 | SECTION 4. Chapter 22-12 of the General Laws entitled "Fiscal Notes" is hereby |
13 | amended by adding thereto the following section: |
14 | 22-12-6. Correctional impact statements. -- All bills having an effect on the revenues, |
15 | expenditures, fiscal liability, bed space, staff, supervision caseloads, or programs of the |
16 | department of corrections, excepting appropriation measures carrying specified dollar amounts, |
17 | shall be accompanied by a correctional impact statement that sets forth the estimated dollar effect |
18 | thereof taking into consideration additional supervisory and correctional staff, bed space, and |
19 | programs required if enacted. The correctional impact statement shall be attached to the end of |
20 | each act, bill or resolution prior to consideration by the legislative body in which the act, bill or |
21 | resolution originated. The correctional impact statement shall specify the effect in dollar amounts |
22 | and additional supervisory and correctional staff, bed space, and additional programs for the |
23 | current fiscal year and estimates for the next two (2) succeeding fiscal years, as well as the fifth |
24 | and tenth succeeding fiscal years. For legislation where the major fiscal impact is not expected |
25 | until after the tenth succeeding year, the correctional impact statement shall include additional |
26 | estimated information for the time period when the major fiscal impact is expected. |
27 | SECTION 5. Chapter 42-56 of the General Laws entitled "Corrections Department" is |
28 | hereby amended by adding thereto the following section: |
29 | 42-56-5.1. Justice reinvestment. -- (a) The department shall attempt to monitor the |
30 | implementation of justice reinvestment policies for the period from 2016 to 2021, including: |
31 | (1) Adoption and use of screening and assessment tools to inform judicial and executive |
32 | branch decisions regarding arraignment and bail, pretrial conditions and supervision, probation |
33 | and parole supervision, correctional programs, and parole release; |
34 | (2) Use of court rules designed to accelerate the disposition and improve the procedural |
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1 | fairness of pretrial decisions, including violations of bail, filing, deferred sentence, and probation; |
2 | (3) Use of judicial sentencing benchmarks designed to: |
3 | (i) Guide purposeful, limited probation and suspended sentence terms; and |
4 | (ii) Achieve proportionate sanctions for violations; |
5 | (4) Use of a judicial procedure designed to provide an opportunity for long-term |
6 | probationers to terminate their probation; |
7 | (5) Progress by the department of corrections, division of rehabilitative services, in |
8 | achieving the initiatives required by §42-56-7; |
9 | (6) The feasibility of implementing additional law enforcement training in responding to |
10 | people with behavioral health and substance abuse needs, and of providing for one or more |
11 | suitable locations for such people to be referred for treatment; and |
12 | (7) Barriers to reentry and the availability and effectiveness of programs designed to |
13 | increase employability and employment of people in the criminal justice system. |
14 | (b) The department shall attempt to report on data analyzing key decision points with |
15 | information broken out by offense, risk, and demographic data including race/ethnicity, whenever |
16 | available. The report must provide, or report on efforts to provide, relevant measures including |
17 | the following: |
18 | (1) The number of people for whom a pre-arraignment report is conducted under §12-13- |
19 | 24.1, and the number who are affected by each subdivision of subsection (a) of this section; |
20 | (2) The number of people who are eligible for pre-trial diversion opportunities and the |
21 | number of people selected for diversion programs; |
22 | (3) Length of probation terms and suspended sentences imposed; |
23 | (4) Sanctions imposed by probation officers and by courts and the violations triggering |
24 | the sanctions; |
25 | (5) Pre-trial lengths of stay including length prior to probation violation hearings; |
26 | (6) Volume and characteristics of people on probation caseloads, including limited and |
27 | high intensity caseloads; |
28 | (7) Volume of people who petitioned the court for early termination, the number granted |
29 | and reasons for denial; |
30 | (8) Restitution amounts imposed and percentage of collections by increment of time |
31 | under correctional control; |
32 | (9) Community-based cognitive behavioral treatment programs funded, including the |
33 | amount of funding received by each program and the number of high-risk probation clients |
34 | served; |
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1 | (10) Batterer's intervention programs funded to increase or refine treatment, including the |
2 | amount of funding received by each program and the number of clients served; and |
3 | (11) Amounts of victim restitution assessed and collected. |
4 | 42-56-42. Severability. – If any provision of this chapter or its application to any person |
5 | or circumstances is held invalid, that invalidity shall not affect other provisions or applications of |
6 | the chapter which can be given effect without the invalid provision or application, and to this end |
7 | the provisions of this chapter are declared to be severable. |
8 | SECTION 6. Section 42-56-39 of the General Laws in Chapter 42-56 entitled |
9 | "Corrections Department" is hereby repealed. |
10 | 42-56-39. A prison impact statement. -- All acts, bills and resolutions having an effect |
11 | on the revenues, expenditures, fiscal liability, bed space, staff or programs of the department of |
12 | corrections, which can be calculated with reasonable accuracy, by establishing or extending a |
13 | mandatory minimum term of imprisonment which is not subject to suspension, probation or |
14 | parole, excepting appropriation measures carrying specified dollar amounts, shall be accompanied |
15 | by a brief explanatory statement or note which sets forth the estimated dollar effect thereof taking |
16 | into consideration additional bed space, staff and programs required if enacted. This statement or |
17 | note shall be known as "a prison impact statement" and shall be attached to the end of each act, |
18 | bill or resolution prior to consideration of the house in which the act, bill or resolution originated. |
19 | This prison impact statement shall specify the effect in dollar amounts and additional bed space, |
20 | additional staff and additional programs for the current fiscal year and estimates for the next two |
21 | (2) succeeding fiscal years. The appropriate chairperson of the house or senate committee may |
22 | request a prison impact statement. Requests for these prison impact statements shall be in a form |
23 | and substance that is deemed appropriate by the chairperson and shall be forwarded through the |
24 | house or senate fiscal advisor to the state budget officer who shall then be responsible, in |
25 | cooperation with the director of corrections, for its preparation within thirty (30) days of the |
26 | request. |
27 | SECTION 7. 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, MEDICAL | |
PAROLE, COMMUNITY CONFINEMENT, AND CORRECTIONAL IMPACTS | |
*** | |
1 | This act would amend the provisions of the general laws pertaining to parole, medical |
2 | parole, community confinement, and would replace prison impact statements with correctional |
3 | impact statements. |
4 | This act would take effect upon passage. |
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