2019 -- H 5333

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LC000047

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

     RELATING TO CRIMINALS - CORRECTIONAL INSTITUTIONS - PAROLE

     

     Introduced By: Representatives Ranglin-Vassell, McEntee, Craven, Diaz, and Handy

     Date Introduced: February 07, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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hereby amended to read as follows:

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     13-8-13. Life prisoners and prisoners with lengthy sentences.

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     (a) In the case of a prisoner sentenced to imprisonment for life, a parole permit may be

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issued at any time after the prisoner has served not less than ten (10) years imprisonment;

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provided that:

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

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

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

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

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

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served not less than fifteen (15) years imprisonment.

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

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

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

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

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

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

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

 

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

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

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

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

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

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cease and terminate.

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

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

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

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

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

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

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

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

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

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

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

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occurring after May 7, 1981, the permit may be issued only after the prisoner has served not less

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than ten (10) years consecutively on each life sentence; provided, in the case of a prisoner

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

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

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

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

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

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

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

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

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

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

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

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

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sentence.

 

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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 CRIMINALS - CORRECTIONAL INSTITUTIONS - PAROLE

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     This act would provide that prisoners who committed offenses prior to age eighteen (18)

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and were sentenced as adults would be eligible for parole after completing fifteen (15) years of

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

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for parole earlier than fifteen (15) years.

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     This act would take effect upon passage.

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