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:

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

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

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

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

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

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discharged from incarceration.

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

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

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

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restored upon discharge.

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

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

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

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

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

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

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

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

 

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

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

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about their right to vote.

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

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

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

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

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

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

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eligible to vote because of their discharge from incarceration:

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      (1) name;

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      (2) date of birth;

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      (3) date of entry of judgment of conviction;

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      (4) description of offense;

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      (5) sentence.

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

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

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

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

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

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

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

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resulting from their felony convictions.

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

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

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of this section, ensuring that:

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

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

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

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

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

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

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

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discharged from incarceration.

 

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

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the information specified in subsection (d) hereof.

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

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

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

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

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single publication to government officials and the public.

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

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

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

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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 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

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

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

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department to inform released inmates of their right to vote.

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     This act would take effect upon passage.

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