2019 -- H 5504

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LC001444

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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 CRIMINAL PROCEDURE

     

     Introduced By: Representatives Lombardi, Hull, Slater, Millea, and Almeida

     Date Introduced: February 14, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is

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hereby amended by adding thereto the following chapter:

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CHAPTER 19.4

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THE RHODE ISLAND FIRST STEP ACT

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     12-19.4-1. Policy.

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     (a) The general assembly finds and declares that sentence reductions for various

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defendant's serving lengthy terms of imprisonment is appropriate and hereby enacts this chapter

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in furtherance of that finding.

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     (b) As used in this chapter, the term "department" means the Rhode Island department of

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corrections.

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     12-19.4-2. Sentencing factors to be considered.

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     The court, in determining whether to impose a term of imprisonment for any defendant

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convicted of a crime, shall consider the following:

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     (1) The seriousness of the offense, the history and characteristics of the defendant, the

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need for rehabilitation, substance abuse treatment, mental health treatment, the need for

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educational or vocational training and the defendant's prior criminal history.

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     (2) Notwithstanding the provisions of this chapter or the provisions of rule 35 of the rules

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of criminal procedure, a judgment of conviction that includes such a sentence constitutes a final

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judgment for all other purposes.

 

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     12-19.4-3. Dignity for female prisoners.

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     (a) The department shall not shackle any female inmate who is pregnant while

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incarcerated. This ban shall continue for a period of three (3) months after the ending of the

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pregnancy.

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     (b) The department shall provide and make available to all female prisoners sanitary

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napkins and tampons at no cost.

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     12-19.4-4. Modification of an imposed term of imprisonment.

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     (a) The court may modify a term of imprisonment, upon motion of the department or

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upon motion of the defendant if it finds that:

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     (1) Extraordinary and compelling reasons warrant such a reduction; or

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     (2) The defendant is at least sixty-five (65) years of age, has served at least two-thirds

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(2/3) of his or her sentence for the offense or offenses for which the defendant is currently

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imprisoned, and a determination has been made by the director that the defendant is not a danger

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to the safety of any other person or the community.

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     (b) The court may modify an imposed term of imprisonment to the extent otherwise

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expressly permitted by statute or by rule 35 of the rules of criminal procedure; and

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     (c) In the case of a defendant who has been sentenced to a term of imprisonment based on

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a sentencing provision that has subsequently been reduced, the court may reduce the term of

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imprisonment, after considering the factors set forth in this section.

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     12-19.4-5. Notification requirements- Modification based on terminal illness.

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     (a) Terminal illness shall mean a disease or condition with an end-of-life trajectory.

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     (b) Notification. The department shall, subject to any applicable confidentiality

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requirement, in the case of a defendant diagnosed with a terminal illness:

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     (1) Not later than seventy-two (72) hours after the diagnosis, notify the defendant's

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attorney, family members or health care designee of the defendant's condition and advise them

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that they can prepare a request for sentence reduction on the defendant's behalf;

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     (2) Not later than seven (7) days after the date of the diagnosis, provide the defendant's

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attorney, family members or health care designee an opportunity to visit the defendant in person,

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regardless of whether the defendant is being housed in a prison facility or hospital;

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     (3) Upon request from the defendant, family member or health care designee, ensure that

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the department personnel assist the defendant, if not represented by counsel, in the preparation,

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drafting and submission of a motion for sentence reduction, or assist them in preparing a request

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that counsel be appointed to represent the defendant if he or she otherwise qualify for the services

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of the public defender or court appointed counsel;

 

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     (4) Not later than fourteen (14) days of receipt of a request for a sentence reduction,

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process said request;

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     (5) Ensure that all department facilities regularly and visibly post, including in prisoner

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handbooks, staff training manuals and materials, facility law libraries and medical and hospice

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facilities, and make available to prisoners upon demand, notice of:

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     (i) A defendant's ability to request a sentence reduction pursuant to this section;

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     (ii) The procedures and timelines for initiation and resolving requests for sentence

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reductions; and

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     (iii) The right to appeal the department's denial of a request to the sentencing court.

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     12-19.4-6. Release of a prisoner.

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     (a) A prisoner shall be released by the department on the date of the expiration of the

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prisoner's term of imprisonment, less any time credited toward the service of the prisoner's

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sentence as provided in subsection (b) of this section. If the date for a prisoner's release falls on a

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Saturday, a Sunday, or a legal holiday the prisoner shall be released by the department on the last

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preceding weekday.

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     (b) A prisoner who is serving a term of imprisonment of more than one year, other than a

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term of imprisonment for the duration of the prisoner's life, may receive credit toward the service

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of the prisoner's sentence, beyond the time served, of up to one-hundred twenty (120) days at the

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end of each year of the prisoner's term of imprisonment, beginning at the end of the first year of

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the term, subject to determination by the department that, during that year, the prisoner has

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displayed exemplary compliance with institutional disciplinary regulations. In the case of a

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prisoner serving a life sentence, he or she may receive credit toward their parole eligibility date of

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up to seventy-five (75) days at the end of each year. No prisoner shall receive credit toward the

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service of their sentence if the department determines that, during that year, the prisoner has not

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satisfactorily complied with the institutional regulations, or has incurred disciplinary infractions

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in violation of any institutional regulation. Provided, however, the department may award the

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prisoner such lesser credit as the department determines to be appropriate after considering the

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nature and frequency of the violations. The department shall also consider whether the prisoner,

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during the relevant period, has earned, or is making satisfactory progress toward earning, a high

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school or college diploma or equivalent degree or has worked in prison industries, in any form of

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employment, during the period of their incarceration.

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     (c) The department shall ensure that it has in effect an optional general educational

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development (GED) program for inmates who have not earned a high school diploma or its

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equivalent.

 

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     (d) The department shall ensure that a prisoner serving a term of imprisonment spends a

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portion of the final months of that term, but in no event not more than twelve (12) months, in pre-

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release custody, under conditions that will afford that prisoner a reasonable opportunity to adjust

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to and prepare for the reentry of that prisoner into the community. For purposes of this chapter,

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pre-release custody shall include home confinement, a residence in a community treatment center,

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restitution center, mental health facility, alcohol or drug rehabilitation center or other community

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facility or halfway house under the supervision of the department.

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     (e) The authority under this chapter may be used to place a prisoner in pre-release

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custody for a term of ten percent (10%) of the remaining term of imprisonment of that prisoner or

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six (6) months, whichever is longer. The department shall place prisoners with lower risk levels

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and lower needs on home confinement for the maximum amount of time permitted under this

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subsection. Those prisoners who are not considered to be low risk levels or those not with lower

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needs shall also be considered for pre-release custody; provided, that the term in pre-release

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custody shall not exceed five percent (5%) of the remaining term of imprisonment of that prisoner

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or four (4) months, whichever is longer.

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     (f) The division of parole and probation shall, to the extent practicable, offer assistance

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with job placement, counseling services and medical services to a prisoner during prerelease

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custody under this subsection.

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     (g) The department shall issue regulations pursuant to this section not later than ninety

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(90) days after the date of the enactment of this sentencing reduction act, which shall ensure that

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placement in pre-release custody in a community is:

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     (1) Conducted in a manner consistent with this section;

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     (2) Determined on an individual basis; and

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     (3) Of sufficient duration to provide the greatest likelihood of successful reintegration

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into the community.

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     12-19.4-7. Allotment of clothing, funds and transportation.

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     (a) Upon the release of a prisoner on the expiration of the prisoner's term of

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imprisonment, the department shall furnish the prisoner with:

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     (1) Suitable clothing;

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     (2) If the prisoner is considered indigent, an amount of money, not more than five-

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hundred dollars ($500), determined by the department to be consistent with the needs of the

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offender and the public interest; and

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     (3) Transportation to the prisoner's bona fide residence within the state; provided,

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however, that no transportation shall be provided to a place outside of this state if the prisoner is a

 

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Rhode Island resident or if the prisoner has not obtained approval from the department to transfer

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his or her probation/parole to another state.

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     12-19.4-8. Mandatory Functional literacy requirement.

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     (a) The department shall have in effect a mandatory functional literacy program for all

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mentally capable inmates who are not functionally literate in each correctional institution within

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six (6) months from the date of the enactment of this chapter.

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     (b) Each mandatory functional literacy program shall include a requirement that each

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inmate participate in such program for a mandatory period sufficient to provide the inmate with

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an adequate opportunity to achieve functional literacy, and appropriate incentives which lead to

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successful completion of such programs shall be developed and implemented.

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     (c) As used in this section, the term "functional literacy" means an eighth grade

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equivalence in reading and mathematics on a nationally recognized standardized test or functional

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competency or literacy on a nationally recognized criterion-referenced test.

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     (d) Non-English speaking inmates shall be required to participate in an English-as-a-

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second language program until they function at an eighth grade equivalence on a nationally

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recognized educational achievement test, or until the expiration of their sentence, whichever

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comes first.

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     12-19.4-9. Release from confinement.

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     (a) The department shall establish pre-release planning procedures that help prisoners

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acclimate back into society. The planning procedures shall include providing defendants with

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information in the areas of education, vocational training, employment opportunities, the

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availability of medical care, mental health and substance abuse counseling and community

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resources that would otherwise assist them upon their release.

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     (b) The department shall inform a person who is released from prison and required to

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register under the sex offender registration and notification act of the requirements of that act as

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they apply to that person.

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     (c) The department shall assist prisoners, prior to release from a term of imprisonment, in

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obtaining a social security card, driver's license or other official photo identification, and a birth

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certificate.

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     (d) The department, the state and its agencies, officers, and employees shall be immune

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from liability based on good faith conduct in carrying out this section.

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     12-19.4-10. Recidivism prevention.

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     (a) In order to prevent recidivism, increase public safety, rebuild ties between offenders

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and their families and to encourage the development of and expand the availability of the

 

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evidence based programs such as substance abuse treatment, the department through its division

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of probation and parole shall provide sufficient transitional services for up to one year to include

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education, vocational training, employment opportunities, the availability of medical care, mental

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health and substance abuse counseling and community resources that would otherwise assist them

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upon their release.

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     (b) In order to achieve these goals the department shall:

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     (1) Assess each prisoner's skill level, including academic, vocational, health, cognitive,

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interpersonal, daily living, and related reentry skills, at the beginning of the term of imprisonment

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of that prisoner to identify any areas in need of improvement prior to reentry;

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     (2) Generate a skills development plan for each prisoner to monitor skills enhancement

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and reentry readiness throughout incarceration;

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     (3) Ensure that priority is given to the reentry needs of high-risk populations, such as sex

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offenders, career criminals, and prisoners with mental health problems;

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     (4) Coordinate and collaborate with other agencies including the department of health and

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criminal justice community-based organizations, and faith-based organizations to help effectuate

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a seamless reintegration of prisoners into communities;

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     (5) Collect information about a prisoner's family relationships, parental responsibilities,

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and contacts with children to help prisoners maintain important familial relationships and support

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systems during incarceration and after release from custody; and

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     (6) Provide incentives as the department deems appropriate, for prisoner participation in

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skills development programs.

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     12-19.4-11. Elderly and terminally ill offenders.

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     (a) The department shall establish a program to determine the effectiveness of removing

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eligible elderly offenders and eligible terminally ill offenders from a prison facility and placing

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such offenders in pre-release custody until the expiration of the prison term to which the offender

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was sentenced.

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     (b) In carrying the program as described herein, the department may release some or all

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eligible elderly offenders and eligible terminally ill offenders from a prison facility to pre-release

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custody.

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     (c) A violation by an eligible elderly offender or eligible terminally ill offender of the

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terms of pre-release custody, or the commission of another offense while in pre-release custody

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shall result in the return of that offender to the designated institution in which that offender was

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imprisoned immediately before placement in pre-release custody or to another appropriate

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institution, as determined by the department.

 

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     (d) Eligible "elderly offender" means an offender in the custody of the department:

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     (1) Who is not less than sixty-five (65) years of age;

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     (2) Who has served at least two-thirds (2/3) of the term of imprisonment to which the

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offender was sentenced and in the case of an offender serving a life sentence, that has served at

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least the minimum term of years required before parole eligibility;

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     (3) Who does not have a history of violence while incarcerated, has not attempted to

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escape or escaped during his or her term of imprisonment and who has not engaged in conduct

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which would place them at substantial risk of re-offending or endangering any person if released

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to pre-release confinement.

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     (e) "Eligible terminally ill offender" means an offender in the custody of the department:

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     (1) Who has been determined by a licensed physician approved by the department to be:

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     (i) In need of care at a nursing home, intermediate care facility, or assisted living facility

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as those terms are defined in section 232 of the National Housing Act (12 U.S.C. 1715w); or

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     (ii) Diagnosed with a terminal illness.

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     (2) Who has served at least two-thirds (2/3) of the term of imprisonment to which the

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offender was sentenced and in the case of an offender serving a life sentence, that has served at

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least the minimum term of years required before parole eligibility;

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     (3) Who does not have a history of violence while incarcerated, has not attempted to

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escape or escaped during his or her term of imprisonment and who has not engaged in conduct

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which would place him or her at substantial risk of re-offending or endangering any person if

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released to pre-release confinement.

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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 CRIMINAL PROCEDURE

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     This act would establish the Rhode Island first step act and require the department of

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corrections (department) to assist offenders with reintegration into society, provide them with

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counseling and medical care, education and provide for early termination or relocation to pre-

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release confinement for elderly and terminally ill offenders.

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     This act would take effect upon passage.

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