2016 -- S 2944

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LC005561

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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J O I N T   R E S O L U T I O N

RESPECTFULLY REQUESTING THAT ALL BRANCHES OF STATE GOVERNMENT

CONTINUE TO COLLABORATE ON POLICY ACTIONS AND INVESTMENTS TO

IMPLEMENT THE FINDINGS AND RECOMMENDATIONS OF THE JUSTICE

REINVESTMENT INITIATIVE FACILITATED BY THE COUNCIL OF STATE

GOVERNMENTS JUSTICE CENTER

     

     Introduced By: Senators McCaffrey, Coyne, Lynch Prata, Jabour, and Metts

     Date Introduced: May 05, 2016

     Referred To: Senate Judiciary

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     WHEREAS, Rhode Island state leaders from all three branches of government requested

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technical assistance in analyzing and making policy recommendations on the state’s criminal

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justice system. In preparing its analyses, the Council of State Governments (CSG) Justice Center

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reviewed an extensive amount of data from multiple state agencies and spoke with nearly 300

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individuals, agencies, and organizations to help guide and inform an understanding of policies

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and practices in Rhode Island; and

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     WHEREAS, The study revealed that people sentenced to post-release probation serve

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terms that are three times longer than the national average; that two out of three people on

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probation in the state have already served more than three years, after which time recidivism

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declines significantly; and as a result of the exceptionally large number of people on probation

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and the lengthy terms they are serving, probation officers are overwhelmed and are unable to

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provide meaningful supervision that reduces recidivism and improves public safety; and

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     WHEREAS, The following descriptions and purposes are important principles for

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criminal sentencing:

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Probation is a period of supervision that should be imposed for the period of time

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when the probationer’s risk of recidivism is the greatest, because probation is

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more capable of reducing recidivism than incarceration is; and the purpose of

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probation is to reduce the likelihood that the probationer will engage in criminal

 

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conduct, hold the probationer accountable, and ensure that the probationer

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complies with the court’s judgment;

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A suspended sentence is a sentence that the court imposes for a set period of

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time, the execution of which is suspended, to allow a defendant to perform a

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period of probation; and the purpose of a suspended sentence is to set an

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appropriate term of potential imprisonment that the defendant may be required to

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serve in the form of revocation or sanction for violations of probation;

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Because a suspended sentence results in a criminal conviction and all of its

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collateral consequences, whereas probation does not, a suspended sentence

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should only be used in a situation where a conviction is deemed necessary and

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appropriate; and

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Imprisonment is a punishment through deprivation of liberty, and that

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imprisonment should be imposed only when necessary as punishment, or for

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public safety, or as a sanction for a serious probation violation, and in any case

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for the shortest term necessary to achieve the particular purpose; and

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     WHEREAS, The study revealed that in FY 2015, felony probation violators served an

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average of 10.5 months for technical violations and 13 months for new charges, while

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misdemeanor probation violators served approximately 2 months for either technical or new

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offense violations, on average; and

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     WHEREAS, Incentives and sanctions should be used to motivate compliance and

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positive behavior by people under supervision according to research showing the behavior-

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change potential of incentives for compliance, along with swift, certain, and proportionate

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sanctions for violations; and

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     WHEREAS, Sanctions should be considered with recognition that behavior change, in

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particular for people with behavioral health challenges such as addiction or mental illness, is a

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gradual process, punctuated by relapse, rather than with an expectation of total compliance at all

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times; and

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     WHEREAS, In response to these and other challenges, the CSG Justice Center, in

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collaboration with the Rhode Island Justice Reinvestment Working Group, developed a proposal

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to modernize sentencing and probation supervision policies; strengthen probation practices and

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the quality of community-based programs to reduce recidivism; and assess and divert people at

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the pretrial stage, when appropriate; and

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     WHEREAS, Rhode Island's state leaders agreed that high rates of failure among

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probationers in the state are costly and undermine public safety; and

 

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     WHEREAS, Although the CSG Justice Center worked collaboratively with the Rhode

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Island Justice Reinvestment Working Group, the group did not vote to endorse the policy

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framework, and although the policy framework has been put forth to the General Assembly for

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their consideration, the CSG Justice Center is aware that any resulting legislation may include

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compromises, meaning some policy options may be altered or not adopted; now, therefore be it

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     RESOLVED, That this General Assembly of the State of Rhode Island and Providence

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Plantations hereby respectfully requests that all branches of state government continue to

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collaborate on policy actions and investments to implement the findings and recommendations of

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the Rhode Island Justice Reinvestment Project facilitated by the Council of State Governments

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Justice Center; and be it further

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     RESOLVED, That the Secretary of State be and hereby is authorized and directed to

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transmit duly certified copies of this resolution to the Honorable Gina Raimondo, Governor of the

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State of Rhode Island, and the Honorable Paul A. Suttell, Chief Justice of the Rhode Island

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Supreme Court.

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LC005561

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