2016 -- S 2846

========

LC005423

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING CRIMINALS-CORRECTIONAL INSTITUTIONS - PAROLE

     

     Introduced By: Senator Harold M. Metts

     Date Introduced: March 23, 2016

     Referred To: Senate Judiciary

     (by request)

It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 13-8-13 of the General Laws in Chapter 13-8 entitled "Parole" is

2

hereby amended to read as follows:

3

     13-8-13. Life prisoners and prisoners with lengthy sentences. -- (a) In the case of a

4

prisoner sentenced to imprisonment for life, a parole permit may be issued at any time after the

5

prisoner has served not less than ten (10) years imprisonment; provided that:

6

      (1) In the case of a prisoner serving a sentence or sentences of a length making him or

7

her ineligible for a permit in less than ten (10) years, pursuant to ยงยง 13-8-9 and 13-8-10, the

8

permit may be issued at any time after the prisoner has served not less than ten (10) years

9

imprisonment.

10

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

11

degree murder committed after July 10, 1989, the permit may be issued only after the prisoner has

12

served not less than fifteen (15) years imprisonment.

13

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

14

degree murder committed after June 30, 1995, the permit may be issued only after the prisoner

15

has served not less than twenty (20) years imprisonment; and

16

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

17

degree murder committed after July 1, 2015, the permit may be issued only after the prisoner has

18

served not less than twenty-five (25) years imprisonment.

19

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

 

1

first- or second-degree murder, committed after July 1, 2015, the permit may be issued only after

2

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

3

      (b) The permit shall be issued only by a unanimous vote of all the attending members of

4

the board; provided that not less than four (4) members are present, and whenever, after the issue

5

of the permit, the prisoner shall be pardoned, then the control of the board over the prisoner shall

6

cease and terminate.

7

      (c) (1) In the case of a prisoner sentenced to imprisonment for life who is convicted of

8

escape or attempted escape from the lawful custody of the warden of the adult correctional

9

institutions, the permit may be issued only after the prisoner has served not less than twenty-five

10

(25) years imprisonment; provided, however, that as to a prisoner who has been sentenced to

11

imprisonment for life for a conviction of first- or second-degree murder, committed after July 1,

12

2015, and who is convicted thereafter of escape or attempted escape from the lawful custody of

13

the warden of the adult correctional institutions, the permit may be issued only after the prisoner

14

has served not less than thirty-five (35) years imprisonment; and

15

      (2) For each subsequent conviction of escape or attempted escape, an additional five (5)

16

years shall be added to the time required to be served.

17

      (d) In the case of a prisoner sentenced consecutively to more than one life term for

18

crimes occurring after May 7, 1981, the permit may be issued only after the prisoner has served

19

not less than ten (10) years consecutively on each life sentence; provided, in the case of a prisoner

20

sentenced consecutively to more than one life term for crimes occurring after June 30, 1995, the

21

permit may be issued only after the prisoner has served not less than fifteen (15) years

22

consecutively on each life sentence. In the case of a prisoner sentenced consecutively to more

23

than one life term for crimes occurring after July 1, 2015, the permit may be issued only after the

24

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

25

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

26

or second-degree murder, occurring after July 1, 2015, the permit may be issued only after the

27

prisoner has served not less than twenty-five (25) years consecutively on each life sentence.

28

      (e) Notwithstanding any other provision of the general or public laws to the contrary,

29

and unless a prisoner is entitled to earlier eligibility for parole pursuant to any other provision of

30

law, a prisoner sentenced as an adult for any offense committed prior to the prisoner's eighteenth

31

(18) birthday, is eligible for a parole permit after the prisoner has served fifteen (15) years of his

32

or her sentence.

 

LC005423 - Page 2 of 4

1

     SECTION 2. This act shall take effect upon passage.

========

LC005423

========

 

LC005423 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING CRIMINALS-CORRECTIONAL INSTITUTIONS - PAROLE

***

1

     This act would make prisoners sentenced as adults to life or to lengthy sentences for

2

offenses committed prior to age eighteen, eligible for parole after completing fifteen years of their

3

sentence. This act would not lengthen their parole eligibility should the prisoner be eligible for

4

parole earlier than fifteen years.

5

     This act would take effect upon passage.

========

LC005423

========

 

LC005423 - Page 4 of 4