2019 -- H 5519

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LC000379

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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 Barros, Tobon, Mendez, and Blazejewski

     Date Introduced: February 25, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

hereby amended by adding thereto the following chapter:

CHAPTER 19.4

THE SENTENCING REDUCTION ACT

     12-19.4-1. Policy.

     The general assembly finds and declares that sentence reductions for various defendant's

serving lengthy terms of imprisonment is appropriate and hereby enacts this chapter in

furtherance of that finding.

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

     The court, in determining whether to impose a term of imprisonment, and, if a term of

imprisonment is to be imposed, in determining the length of the term, shall consider:

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

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

educational or vocational training, the defendant's prior criminal history, to the extent that said

factors are applicable, recognizing that imprisonment is not an appropriate means of promoting

correction and rehabilitation.

     (2) Notwithstanding the fact that a sentence of imprisonment can subsequently be

modified pursuant to the provisions of this chapter or corrected pursuant to the provisions of rule

35 of the rules of criminal procedure, a judgment of conviction that includes such a sentence

constitutes a final judgment for all other purposes.

     12-19.4-3. Modification of an imposed term of imprisonment.

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

department of corrections ("the department") or upon motion of the defendant after the defendant

has fully exhausted all administrative rights to appeal a failure of the department to bring a

motion on the defendant's behalf if it finds that:

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

     (2) The defendant is at least seventy (70) years of age, has served at least thirty (30) years

in prison, on the sentence impose for the offense or offenses for which the defendant is currently

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

to the safety of any other person or the community.

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

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

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

department based on a sentencing provision that has subsequently been lowered, the court may

reduce the term of imprisonment, after considering the factors set forth in this section to the

extent that they are applicable.

     12-19.4-4. Notification requirements - Modification based on terminal illness.

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

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

requirements in the case of a defendant diagnosed with a terminal illness:

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

attorney, family members or health care designee of the defendant's condition in order to allow

them to prepare a sentence reduction on the defendant's behalf;

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

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

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

     (3) Upon request from the defendant, their attorney, family member or health care

designee, ensure that the department personnel assist the defendant in the preparation, drafting

and submission of a motion for sentence reduction;

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

submitted on the defendant's behalf, process said request;

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

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:

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

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

reductions; and

     (iii) The right to appeal a denial of a request after all administrative rights to appeal

within the department have been exhausted.

     12-19.4-5. Release of a prisoner.

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

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

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

Saturday, a Sunday, or a legal holiday at the place of confinement, the prisoner may be released

by the department on the last preceding weekday.

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

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

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

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

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

displayed exemplary compliance with institutional disciplinary regulations. If the department

determines that, during that year, the prisoner has not satisfactorily complied with such

institutional regulations, the prisoner shall receive no such credit toward service of the prisoner's

sentence or shall receive such lesser credit as the department determines to be appropriate. In

awarding credit under this section, the department shall consider whether the prisoner, during the

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

college diploma or an equivalent degree.

     (c) The department shall ensure that it has in effect an optional General Educational

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

equivalent.

     (d) The department shall, to the extent practicable, ensure that a prisoner serving a term

of imprisonment spends a portion of the final months of that term (not to exceed twelve (12)

months), under conditions that will afford that prisoner a reasonable opportunity to adjust to and

prepare for the reentry of that prisoner into the community. Such conditions may include a

community correctional facility or home confinement.

     (e) The authority under this chapter may be used to place a prisoner in home confinement

for a term of ten (10%) percent of the remaining term of imprisonment of that prisoner or six (6)

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months, whichever is longer. The department shall, to the extent practicable, place prisoners with

lower risk levels and lower needs on home confinement for the maximum amount of time

permitted under this subsection.

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

a prisoner during prerelease custody under this subsection.

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

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

placement in a community correctional facility or home confinement is:

     (1) Conducted in a manner consistent with section;

     (2) Determined on an individual basis; and

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

into the community.

     12-19.4-6. Allotment of clothing, funds and transportation.

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

imprisonment, the department shall furnish the prisoner with:

     (1) Suitable clothing;

     (2) An amount of money, not more than five-hundred dollars ($500), determined by the

department to be consistent with the needs of the offender and the public interest, unless the

department determines that the financial position of the offender is such that no sum should be

furnished; and

     (3) Transportation to the prisoner's bona fide residence within the state, or to such other

place within the United States as may be authorized by the department, but in no event shall

transportation be provided to a place outside of this state if the prisoner is a Rhode Island

resident.

     12-19.4-7. Mandatory functional literacy requirement.

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

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

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

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

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

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

successful completion of such programs shall be developed and implemented.

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

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.

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

Second Language program until they function at the equivalence of the eighth grade on a

nationally recognized educational achievement test.

     (e) The chief executive officer of each institution shall have authority to grant waivers for

good cause as determined and documented on an individual basis.

     12-19.4-8. Release from confinement.

     (a) The department shall establish prerelease planning procedures that help prisoners

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

information in the following areas:

     (1) Health and nutrition;

     (2) Employment;

     (3) Literacy and education;

     (4) Personal finance and consumer skills;

     (5) Community resources;

     (6) Personal growth and development;

     (7) Release requirements and procedures; and

     (8) Medical care.

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

register under the sex offender registration and community notification act chapter 37.1 of title 11

("the act"), of the requirements of that act as they apply to that person, and the same information

shall be provided to a person sentenced to probation by the probation officer responsible for

supervision of that person.

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

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

certificate.

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

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

     12-19.4-9. Recidivism prevention.

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

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

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

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

     (1) Substance abuse counseling;

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     (2) Mental health counseling;

     (3) Job training;

     (4) Vocational training;

     (5) Educational classes to provide for the completion of a general equivalency diploma;

and

     (6) Medical care.

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

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

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

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

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

and reentry readiness throughout incarceration;

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

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

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

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

a seamless reintegration of prisoners into communities;

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

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

systems during incarceration and after release from custody; and

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

skills development programs.

     12-19.4-10. Elderly and terminally ill offenders.

     (a) The department shall conduct a pilot program to determine the effectiveness of

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

placing such offenders on home detention or community confinement until the expiration of the

prison term to which the offender was sentenced. For purposes of this section community

confinement shall include a residence in a community treatment center, halfway house, restitution

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

     (b) In carrying out a pilot program as described herein, the department may release some

or all eligible elderly offenders and eligible terminally ill offenders from a prison facility to home

detention or community confinement.

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

terms of home detention (including the commission of another federal, state, or local crime) shall

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result in the removal of that offender from home detention or community confinement and the

return of that offender to the designated institution in which that offender was imprisoned

immediately before placement on home detention/community confinement or to another

appropriate institution, as determined by the department.

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

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

     (2) Who is serving a term of imprisonment that is not life imprisonment based on

conviction for an offense or offenses that do not include any crime of violence or who shall be

required to register as a sex offender, and has served the greater of ten (10) years or two-thirds

(2/3) of the term of imprisonment to which the offender was sentenced;

     (3) Who has not been determined by the department, on the basis of information that it

uses to make custody classifications, and in the sole discretion of the department, to have a

history of violence, or of engaging in conduct constituting a sex offense or other crime of

violence;

     (4) Who has not escaped, or attempted to escape, from any penal institution; and

     (5) Who has been determined by the department to be at no substantial risk of engaging

in criminal conduct or of endangering any person or the public if released to home detention or

community confinement.

     (e) Eligible terminally ill offender. The term "eligible terminally ill offender" means an

offender in the custody of the department:

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

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

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

     (ii) Diagnosed with a terminal illness;

     (2) Who is serving a term of imprisonment that is not life imprisonment based on

conviction for an offense or offenses that do not include any crime of violence or who shall be

required to register as a sex offender, and has served the greater of ten (10) years or two-thirds

(2/3) of the term of imprisonment to which the offender was sentenced;

     (3) Who has not been determined by the department, on the basis of information that it

uses to make custody classifications, and in the sole discretion of the department, to have a

history of violence, or of engaging in conduct constituting a sex offense or other crime of

violence;

     (4) Who has not escaped, or attempted to escape, from any penal institution; and

     (5) Who has been determined by the department to be at no substantial risk of engaging

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in criminal conduct or of endangering any person or the public if released to home detention or

community confinement.

     SECTION 2. This act shall take effect upon passage.

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LC000379

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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 sentencing reduction act and would require the department of

corrections to assist offenders with reintegration into society, provide them with counseling and

medical care, assist them in learning about finances, health care and the basic necessities of life.

It would also provide for early termination or relocation to home confinement and community

confinement for elderly and terminally ill offenders.

     This act would take effect upon passage.

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LC000379

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