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:

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

hereby amended to read as follows:

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

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

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

provided that:

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

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

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

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

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

served not less than fifteen (15) years imprisonment.

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

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

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

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

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

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

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

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

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

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

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

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

cease and terminate.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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

for parole earlier than fifteen (15) years.

     This act would take effect upon passage.

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