2019 -- H 6103

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LC002342

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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 Barros, Maldonado, Tobon, Diaz, and Cassar

     Date Introduced: May 10, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 13-8 of the General Laws entitled "Parole" is hereby amended by

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adding thereto the following section:

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     13-8-35. Early termination of parole.

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     (a) Upon its own motion or upon request of a parolee, the parole board may terminate a

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parolee's supervision, and legal custody over the parolee and subsequent probation, before the

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sentence expires.

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     (1) Seven (7) years after releasing a prisoner on supervision, and at least annually

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thereafter, the parole board shall review the status of the parolee to determine the need for

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continued supervision. The parole board shall also conduct a status review whenever the

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supervision officer recommends early termination of the parolee's supervision.

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     (2) Seven (7) years after releasing a prisoner on supervision, excluding a parolee serving

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a life sentence for first or second degree murder, the parole board shall terminate supervision over

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the parolee unless the parole board determines, after a hearing in accordance with this chapter,

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that such supervision should not be terminated because there is a likelihood that the parolee will

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engage in conduct violating any criminal law. If the parole board does not terminate supervision

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under this subsection, the parolee may request a hearing annually thereafter, and the parole board

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shall conduct an early termination hearing at least every two (2) years.

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     (3) In calculating the two (2) year and seven (7) year periods provided in this section, the

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parole board shall not include any period of parole before the recent release, or any period served

 

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in confinement or any other sentence.

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     (4) A parolee may not appeal an adverse decision under this section.

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     (b) In determining whether to grant early termination from supervision, the parole board

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shall consider its guidelines under this section. The guidelines are advisory and the parole board

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may disregard the outcome indicated by the guidelines based on case-specific factors.

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Termination of supervision is indicated if the parolee:

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     (1) Has been on supervised parole for the required period;

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     (2) Has observed all the laws within and without the state;

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     (3) Has been employed and remains employed at the time of the request; and

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     (4) Has completed seven (7) continuous years of supervision and is free from an incident

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of new criminal behavior or serious parole violation;

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     (c) As used in this section, the term an incident of new criminal behavior or serious

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parole violation includes a new arrest or report of a parole violation if supported by substantial

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evidence of guilt, even if no conviction or parole revocation results. The parole board shall not

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terminate supervision until it determines the disposition of a pending criminal charge.

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     (d) Case-specific factors that may justify a departure either above or below the early

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termination may relate to the current behavior of the parolee, or the parolees background and

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criminal history.

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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, upon its own motion or upon request of a parolee, enable the parole board

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to terminate a parolee's supervision and legal custody order. Prisoners with a life sentence for first

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and second degree murder are excluded.

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     This act would take effect upon passage.

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