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art.013/5/013/4/013/3/013/2/013/1 | ||
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1 | ARTICLE 13 AS AMENDED | |
2 | RELATING TO HUMAN SERVICES | |
3 | SECTION 1. Section 12-19-14 of the General Laws in Chapter 12-19 entitled "Sentence | |
4 | and Execution" is hereby amended to read as follows: | |
5 | 12-19-14. Violation of terms of probation – Notice to court – Revocation or | |
6 | continuation of suspension. | |
7 | (a) Whenever any person who has been placed on probation by virtue of the suspension of | |
8 | execution of his or her sentence pursuant to § 12-19-13 violates the terms and conditions of his or | |
9 | her probation as fixed by the court by being formally charged with committing a new criminal | |
10 | offense, the police or department of corrections division of rehabilitative services shall cause the | |
11 | defendant to appear before the court. The department of corrections division of rehabilitative | |
12 | services shall determine when a technical violation of the terms and conditions of probation as fixed | |
13 | by the court that does not constitute a new criminal offense has occurred and shall cause the | |
14 | defendant to appear before the court. For technical violations, the The division of rehabilitative | |
15 | services shall promptly render a written report relative to the conduct of the defendant, including, | |
16 | as applicable, a description of the clear and articulable public safety risk posed by a defendant | |
17 | accused of a technical violation, and, as available, the information contained in any report under § | |
18 | 12-13-24.1. The division of rehabilitative services may recommend that the time served up to that | |
19 | point is a sufficient response to a violation that is not a new, alleged crime. The court may order | |
20 | the defendant held without bail for a period not exceeding ten (10) days excluding Saturdays, | |
21 | Sundays, and holidays if the new criminal charge(s) constitutes a violent crime as defined in the | |
22 | Rhode Island General Laws, a domestic violence crime, or a crime involving driving under the | |
23 | influence or if the court determines in its discretion that public safety concerns and/or concerns | |
24 | regarding the defendant's likelihood to appear before the court warrant holding the defendant | |
25 | without bail. | |
26 | (b) The court shall conduct a hearing within thirty (30) days of arrest, unless waived by the | |
27 | defendant, to determine whether the defendant has violated the terms and conditions of his or her | |
28 | probation, at which hearing the defendant shall have the opportunity to be present and to respond. | |
29 | Upon a determination by a fair preponderance of the evidence that the defendant has violated the | |
30 | terms and conditions of his or her probation, the court, in open court and in the presence of the | |
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1 | defendant, may as to the court may seem just and proper: | |
2 | (1) Revoke the suspension and order the defendant committed on the sentence previously | |
3 | imposed, or on a lesser sentence; | |
4 | (2) Impose a sentence if one has not been previously imposed; | |
5 | (3) Stay all or a portion of the sentence imposed after removal of the suspension; | |
6 | (4) Continue the suspension of a sentence previously imposed; or | |
7 | (5) Convert a sentence of probation without incarceration to a suspended sentence. | |
8 | SECTION 2. Chapter 13-8 of the General Laws entitled "Parole" is hereby amended by | |
9 | adding thereto the following section: | |
10 | 13-8-14.2. Special parole consideration for persons convicted as juveniles. | |
11 | (a)When a person who is serving a sentence imposed as the result of an offense or offenses | |
12 | committed when he or she was less than eighteen years of age becomes eligible for parole pursuant | |
13 | to applicable provisions of law, the parole board shall ensure that he or she is provided a meaningful | |
14 | opportunity to obtain release and shall adopt rules and guidelines to do so, consistent with existing | |
15 | law. | |
16 | (b) During a parole hearing involving a person described in subsection (a) of this section, | |
17 | in addition to other factors required by law or under the parole guidelines set forth by the parole | |
18 | board, the parole board shall also take into consideration the diminished culpability of juveniles as | |
19 | compared to that of adults and any subsequent growth and increased maturity of the prisoner during | |
20 | incarceration. The board shall also consider the following: | |
21 | (1) A review of educational and court documents; | |
22 | (2) Participation in available rehabilitative and educational programs while in prison; | |
23 | (3) Age at the time of the offense; | |
24 | (4) Immaturity at the time of the offense; | |
25 | (5) Home and community environment at the time of the offense; | |
26 | (6) Efforts made toward rehabilitation; | |
27 | (7) Evidence of remorse; and | |
28 | (8) Any other factors or circumstances the Board considers relevant | |
29 | (c) The parole board shall have access to all relevant records and information in the | |
30 | possession of any state official or agency relating to the board's consideration of the factors detailed | |
31 | in the foregoing sections. | |
32 | SECTION 3. Sections 13-8-11, 13-8-13, 13-8-18 and 13-8-18.1 of the General Laws in | |
33 | Chapter 13-8 entitled "Parole" are hereby amended to read as follows: | |
34 | 13-8-11. Good conduct, industrial, and meritorious service time included in | |
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1 | computation Good conduct, industrial, and meritorious service time. | |
2 | (a) In computing the one-third (1/3) of any term of sentence for the purpose of §§ 13-8-9 – | |
3 | 13-8-14, the time a prisoner shall have earned pursuant to §§ 42-56-24 and 42-56-26 shall be | |
4 | considered by the parole board to reduce inmate overcrowding when directed by the criminal justice | |
5 | oversight committee, pursuant to the provisions of § 42-26-13.3(e), or when directed by the | |
6 | governor, pursuant to the provisions of § 42-26-13.3(f). | |
7 | (b) As used in this section, the following words shall, unless the context clearly requires | |
8 | otherwise, have the following meanings: | |
9 | (i) "Compliance," the absence of a finding by a Parole Officer or the Parole Board of a | |
10 | violation of the terms or conditions of a permit or conditions of parole supervision set by the Rhode | |
11 | Island Parole Board. | |
12 | (ii) "Compliance credits," credits that an eligible offender earns through compliance with | |
13 | Parole Board-ordered conditions of parole supervision; provided, however, that such credits shall | |
14 | operate to reduce the length of parole supervision. | |
15 | (iii) "Eligible parolee," any offender who is currently serving a term of post-incarceration | |
16 | parole supervision except any such person serving a sentence of a violation of §§ 11-5-1 (where | |
17 | the specified felony is murder or sexual assault), 11-23-1, 11-26-1.4, 11-37-2, 11-37-8.1 or 11-37- | |
18 | 8.3. | |
19 | (c) On the first day of each calendar month after July 1, 2021, an eligible parolee shall earn | |
20 | 5 days of compliance credits if the eligible parolee served on parole without any documented | |
21 | behavior that could constitute a violation of the terms and conditions of parole for the prior calendar | |
22 | month. Any compliance credits so granted and not rescinded pursuant to guidelines set forth by the | |
23 | parole board shall reduce the period of time that a parolee is subject to the jurisdiction of the parole | |
24 | board under § 13-8-9. | |
25 | (d) The parole board shall issue guidelines governing the awarding of compliance credits, | |
26 | any disqualifiers to the earning of compliance credits, and the rescission or suspension of | |
27 | compliance credits as applicable. | |
28 | (e) The award or rescission of credits pursuant to this section shall not be the subject of | |
29 | judicial review. | |
30 | (f) This section shall apply to all individuals sentenced to imprisonment and subsequently | |
31 | granted parole including those sentences granted prior to passage of this legislation and shall not | |
32 | alter the ability of the Parole Board to revoke parole. The calculation of compliance credits shall | |
33 | be prospective from the date of passage, while eligibility to earn compliance credits shall be | |
34 | prospective and retrospective. | |
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1 | (g) The department of corrections shall keep a record of the eligible parolee's sentence, | |
2 | including the person's end of supervision date based on earned credits for compliance with the | |
3 | terms and conditions of parole. | |
4 | 13-8-13. Life prisoners and prisoners with lengthy sentences. | |
5 | (a) In the case of a prisoner sentenced to imprisonment for life, a parole permit may be | |
6 | issued at any time after the prisoner has served not less than ten (10) years imprisonment; provided | |
7 | that: | |
8 | (1) In the case of a prisoner serving a sentence or sentences of a length making him or her | |
9 | ineligible for a permit in less than ten (10) years, pursuant to §§ 13-8-9 and 13-8-10, the permit | |
10 | may be issued at any time after the prisoner has served not less than ten (10) years imprisonment. | |
11 | (2) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree | |
12 | murder committed after July 10, 1989, the permit may be issued only after the prisoner has served | |
13 | not less than fifteen (15) years imprisonment. | |
14 | (3) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree | |
15 | murder committed after June 30, 1995, the permit may be issued only after the prisoner has served | |
16 | not less than twenty (20) years imprisonment; and | |
17 | (4) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree | |
18 | murder committed after July 1, 2015, the permit may be issued only after the prisoner has served | |
19 | not less than twenty-five (25) years imprisonment. | |
20 | (5) In the case of a prisoner sentenced to imprisonment for life for a crime, other than first- | |
21 | or second-degree murder, committed after July 1, 2015, the permit may be issued only after the | |
22 | prisoner has served not less than twenty (20) years imprisonment. | |
23 | (b) The permit shall be issued only by a unanimous vote of all the attending members of | |
24 | the board; provided that not less than four (4) members are present, and whenever, after the issue | |
25 | of the permit, the prisoner shall be pardoned, then the control of the board over the prisoner shall | |
26 | cease and terminate. | |
27 | (c)(1) In the case of a prisoner sentenced to imprisonment for life who is convicted of | |
28 | escape or attempted escape from the lawful custody of the warden of the adult correctional | |
29 | institutions, the permit may be issued only after the prisoner has served not less than twenty-five | |
30 | (25) years imprisonment; provided, however, that as to a prisoner who has been sentenced to | |
31 | imprisonment for life for a conviction of first- or second-degree murder, committed after July 1, | |
32 | 2015, and who is convicted thereafter of escape or attempted escape from the lawful custody of the | |
33 | warden of the adult correctional institutions, the permit may be issued only after the prisoner has | |
34 | served not less than thirty-five (35) years imprisonment; and | |
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1 | (2) For each subsequent conviction of escape or attempted escape, an additional five (5) | |
2 | years shall be added to the time required to be served. | |
3 | (d) In the case of a prisoner sentenced consecutively to more than one life term for crimes | |
4 | occurring after May 7, 1981, the permit may be issued only after the prisoner has served not less | |
5 | than ten (10) years consecutively on each life sentence; provided, in the case of a prisoner sentenced | |
6 | consecutively to more than one life term for crimes occurring after June 30, 1995, the permit may | |
7 | be issued only after the prisoner has served not less than fifteen (15) years consecutively on each | |
8 | life sentence. In the case of a prisoner sentenced consecutively to more than one life term for crimes | |
9 | occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less | |
10 | than twenty (20) years consecutively on each life sentence. In the case of a prisoner sentenced | |
11 | consecutively to more than one life term for crimes, including first- or second-degree murder, | |
12 | occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less | |
13 | than twenty-five (25) years consecutively on each life sentence. | |
14 | (e) Any person sentenced for any offense committed prior to his or her twenty-second | |
15 | birthday, other than a person serving life without parole, shall be eligible for parole review and a | |
16 | parole permit may be issued after the person has served no fewer than twenty (20) years | |
17 | imprisonment unless the person is entitled to earlier parole eligibility pursuant to any other | |
18 | provisions of law. This subsection shall be given prospective and retroactive effect for all offenses | |
19 | occurring on or after January 1, 1991. | |
20 | 13-8-18. Revocation of parole – Hearing. | |
21 | The parole board may, by a majority vote of all of its members, revoke, in accordance with | |
22 | the provisions of § 13-8-18.1, any permit issued by it to any prisoner under the provisions of this | |
23 | chapter or revoke any permit issued by another state or jurisdiction where the prisoner is being | |
24 | supervised by the Rhode Island parole board whenever it shall appear to the board that the prisoner | |
25 | has violated any of the terms or conditions of his or her permit or conditions of parole set by an | |
26 | out-of-state jurisdiction, or has during the period of his or her parole violated any state laws. | |
27 | Whenever it shall come to the knowledge of the board that any prisoner at liberty under a permit | |
28 | issued by this state or another state or jurisdiction has been guilty of a violation of parole related to | |
29 | a new criminal charge, the chairperson shall issue his or her warrant to any officer authorized to | |
30 | serve criminal process to arrest the prisoner and commit him or her to the adult correctional | |
31 | institutions, to be detained until the board shall have an opportunity to determine whether the permit | |
32 | of the prisoner is to be revoked in accordance with the provisions of § 13-8-18.1, or in the case of | |
33 | prisoners granted parole by another state or jurisdiction, and supervised by the Rhode Island parole | |
34 | board, until that state or jurisdiction takes custody of the prisoner. Whenever it shall come to the | |
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1 | knowledge of the board that any prisoner at liberty under a permit issued by this state or another | |
2 | state or jurisdiction has been guilty of a technical violation of parole, absent a new criminal charge, | |
3 | the chairperson may, at his or her discretion, issue his or her warrant to any officer authorized to | |
4 | serve criminal process to arrest the prisoner and commit him or her to the adult correctional | |
5 | institutions, to be detained until the board shall have an opportunity to determine whether the permit | |
6 | of the prisoner is to be revoked in accordance with the provisions of § 13-8-18.1, or in the case of | |
7 | prisoners granted parole by another state or jurisdiction, and supervised by the Rhode Island parole | |
8 | board, until that state or jurisdiction takes custody of the prisoner. If the board shall determine that | |
9 | the permit shall not be revoked, then the board shall immediately order the prisoner to be set at | |
10 | liberty under the terms and conditions of his or her original permit. | |
11 | 13-8-18.1. Preliminary parole violation hearing. | |
12 | (a) As soon as is practicable after a detention for an alleged violation of parole, the parole | |
13 | board shall afford the alleged parole violator a preliminary parole revocation hearing before a | |
14 | hearing officer designated by the board. Such hearing officer shall not have had any prior | |
15 | supervisory involvement over the alleged violator. | |
16 | (b) The alleged violator shall, within five (5) days of the detention, in Rhode Island be | |
17 | given written notice of the time, place and purpose of the preliminary hearing. The notice shall state | |
18 | the specific conditions of parole that are alleged to have been violated and in what manner. The | |
19 | notice shall also inform the alleged violator of the following rights in connection with the | |
20 | preliminary hearing: | |
21 | (1) The right to appear and speak in his/her own behalf; | |
22 | (2) The right to call witnesses and present evidence; | |
23 | (3) The right to confront and cross-examine the witnesses against him/her, unless the | |
24 | hearing officer finds on the record that a witness may be subjected to risk of harm if his or her | |
25 | identity is revealed; and | |
26 | (4) The right to retain counsel and, if unable to afford counsel, the right under certain | |
27 | circumstances to the appointment of counsel for the preliminary hearing. | |
28 | The determination of whether or not the alleged violator is entitled to appointed counsel, if | |
29 | such a request is made, shall be made on the record and in accordance with all relevant statutory | |
30 | and constitutional provisions. | |
31 | (c) The notice form must explain in clear and unambiguous language the procedures | |
32 | established by the parole board concerning an alleged violator's exercise of the rights denominated | |
33 | in subsection (b), including the mechanism for compelling the attendance of witnesses, the | |
34 | mechanism for obtaining documentary evidence, and the mechanism for requesting the | |
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1 | appointment of counsel. | |
2 | (d) The preliminary hearing shall take place no later than ten (10) days after service of | |
3 | notice set forth in subsection (b). A preliminary hearing may be postponed beyond the ten (10) day | |
4 | time limit for good cause at the request of either party, but may not be postponed at the request of | |
5 | the state for more than five (5) additional days. The parole revocation charges shall be dismissed | |
6 | with prejudice if a preliminary hearing is not conducted within the time period established by this | |
7 | paragraph, not including any delay directly attributed to a postponement requested by the alleged | |
8 | violator. | |
9 | (e) If the alleged violator has requested the appointment of counsel at least five (5) days | |
10 | prior to the preliminary hearing, the preliminary hearing may not proceed without counsel present | |
11 | unless the hearing officer finds on the record, in accordance with all relevant statutory and | |
12 | constitutional provisions, that the alleged violator is not entitled to appointed counsel. If the alleged | |
13 | violator is found to have been entitled to counsel and no such counsel has been appointed, the parole | |
14 | violation charges must be dismissed with prejudice. If the request for counsel was made four (4) or | |
15 | fewer days in advance of the preliminary hearing, the time limit within which the preliminary | |
16 | hearing must be held may be extended up to five (5) additional days. | |
17 | (f) The standard of proof at the preliminary hearing shall be probable cause to believe that | |
18 | the alleged violator has violated one or more conditions of his or her parole and that the violation | |
19 | or violations were not de minimus in nature. Proof of conviction of a crime committed subsequent | |
20 | to release on parole shall constitute probable cause for the purposes of the preliminary hearing. | |
21 | (g) At the preliminary hearing, the hearing officer shall review the violation charges with | |
22 | the alleged violator, direct the presentation of the evidence concerning the alleged violation, receive | |
23 | the statements of the witnesses and documentary evidence, and allow cross-examination of those | |
24 | witnesses in attendance. All proceedings shall be recorded and preserved. | |
25 | (h) At the conclusion of the preliminary hearing, the hearing officer shall inform the alleged | |
26 | violator of his or her decision as to whether there is probable cause to believe that the alleged | |
27 | violator has violated one or more conditions of his or her parole and, if so, whether the violation or | |
28 | violations were de minimus in nature. Those determinations shall be based solely on the evidence | |
29 | adduced at the preliminary hearing. The hearing officer shall state in writing the reasons for his or | |
30 | her determinations and the evidence relied upon for those determinations. A copy of the written | |
31 | findings shall be sent to the alleged violator, and his or her counsel if applicable, within fourteen | |
32 | (14) days of the preliminary hearing. | |
33 | (i) If the hearing officer finds that there is no probable cause to believe that the alleged | |
34 | violator has violated one or more conditions of his or her parole or that the violation or violations, | |
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1 | if any, were de minimus in nature, the parole chairperson shall rescind the detention warrant and | |
2 | direct that the alleged violator, unless in custody for other reasons, be released and restored to | |
3 | parole supervision. | |
4 | (j) If the hearing officer finds that there is probable cause to believe that the alleged violator | |
5 | has violated one or more conditions of his or her parole and that the violation or violations were | |
6 | not de minimus in nature, the alleged violator shall be held for a final parole revocation hearing. A | |
7 | final parole revocation hearing must be held as soon as is practicable, but in no event more than | |
8 | ninety (90) days after the conclusion of the preliminary hearing. | |
9 | (k) An alleged violator may waive his or her right to a preliminary hearing. Such a waiver | |
10 | must be in written form. In the event of such a written waiver, a final parole revocation hearing | |
11 | must be held as soon as is practicable, but in no event more than ninety (90) days after the right to | |
12 | a preliminary hearing is waived. Notwithstanding the above, a final parole revocation hearing may | |
13 | be continued by the alleged violator beyond the ninety (90) day time period. For parole violations | |
14 | not involving a new criminal offense, an alleged violator may waive his or her right to a final parole | |
15 | revocation hearing, where there is no dispute as to the alleged violation and the parolee charged | |
16 | with such violation(s) freely admits to the violation and accepts the appropriate sanction imposed | |
17 | by the parole board. | |
18 | SECTION 4. Sections 13-8.1-1, 13-8.1-2, 13-8.1-3 and 13-8.1-4 of the General Laws in | |
19 | Chapter 13-8.1 entitled "Medical Parole" are hereby amended to read as follows: | |
20 | 13-8.1-1. Short title. | |
21 | This chapter shall be known as the "Medical and Geriatric Parole Act". | |
22 | 13-8.1-2. Purpose. | |
23 | (a) Medical parole is made available for humanitarian reasons and to alleviate exorbitant | |
24 | medical expenses associated with inmates whose chronic and incurable illness render their | |
25 | incarceration non-punitive and non-rehabilitative. Notwithstanding other statutory or | |
26 | administrative provisions to the contrary, all prisoners except those serving life without parole shall | |
27 | at any time after they begin serving their sentences be eligible for medical parole consideration, | |
28 | regardless of the crime committed or the sentence imposed. | |
29 | (b) Geriatric parole is made available for humanitarian reasons and to alleviate exorbitant | |
30 | expenses associated with the cost of aging, for inmates whose advanced age reduces the risk that | |
31 | they pose to the public safety. Notwithstanding other statutory or administrative provisions to the | |
32 | contrary, all prisoners except those serving life without parole shall be eligible for geriatric parole | |
33 | consideration upon meeting the criteria set forth below, regardless of the crime committed or the | |
34 | sentence imposed. | |
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1 | 13-8.1-3. Definitions. | |
2 | (a) "Permanently physically incapacitated" means suffering from a physical condition | |
3 | caused by injury, disease, illness, or cognitive insult such as dementia or persistent vegetative state, | |
4 | which, to a reasonable degree of medical certainty, permanently and irreversibly physically | |
5 | incapacitates the individual to the extent that the individual needs help with most of the activities | |
6 | that are necessary for independence such as feeding, toileting, dressing, and bathing and | |
7 | transferring, or no significant physical activity is possible, and the individual is confined to bed or | |
8 | a wheelchair or suffering from an incurable, progressive condition that substantially diminishes the | |
9 | individual's capacity to function in a correctional setting. | |
10 | (b) "Cognitively incapacitated" means suffering from a cognitive condition such as | |
11 | dementia which greatly impairs activities that are necessary for independence such as feeding, | |
12 | toileting, dressing, and bathing and renders their incarceration non-punitive and non-rehabilitative. | |
13 | (b) (c) "Terminally ill" means suffering from a condition caused by injury (except self- | |
14 | inflicted injury), disease, or illness which, to a reasonable degree of medical certainty, is a life- | |
15 | limiting diagnosis that will lead to profound functional, cognitive and/or physical decline, and | |
16 | likely will result in death within eighteen (18) months. | |
17 | (c) (d) "Severely ill" means suffering from a significant and permanent or chronic physical | |
18 | and/or mental condition that: (1) Requires extensive medical and/or psychiatric treatment with little | |
19 | to no possibility of recovery; and (2) Precludes significant Significantly impairs rehabilitation from | |
20 | further incarceration. | |
21 | (e) "Aging prisoner" means an individual who is sixty-five (65) years of age or older and | |
22 | suffers from functional impairment, infirmity, or illness. | |
23 | 13-8.1-4. Procedure. | |
24 | (a) The parole board is authorized to grant medical parole release of a prisoner, except a | |
25 | prisoner serving life without parole, at any time, who is determined to be terminally ill, severely | |
26 | ill, or permanently physically or cognitively incapacitated within the meaning of §§ 13-8.1-3(a) - | |
27 | (d). Inmates who are severely ill will only be considered for such release when their treatment | |
28 | causes the state to incur exorbitant expenses as a result of continued and frequent medical treatment | |
29 | during their incarceration, as determined by the office of financial resources of the department of | |
30 | corrections. | |
31 | (b) The parole board is authorized to grant geriatric parole release of a prisoner, except a | |
32 | prisoner serving life without parole, who is an aging prisoner within the meaning of § 13-8.1-3(e) | |
33 | or under medical parole as outlined by § 13-8.1-2. | |
34 | (b) (c) In order to apply for this relief, the prisoner or his or her family member or friend, | |
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1 | with an attending physician's written approval, or an attending physician, on behalf of the prisoner, | |
2 | shall file an application with the director of the department of corrections. Within seventy-two (72) | |
3 | hours after the filing of any application, the director shall refer the application to the health service | |
4 | unit of the department of corrections for a medical report and a medical or geriatric discharge plan | |
5 | to be completed within ten (10) days. Upon receipt of the medical discharge plan, the director of | |
6 | the department of corrections shall immediately transfer the medical discharge plan, together with | |
7 | the application, to the parole board for its consideration and decision. | |
8 | (c) (d) The report shall contain, at a minimum, the following information: | |
9 | (1) Diagnosis of the prisoner's medical conditions, including related medical history; | |
10 | (2) Detailed description of the conditions and treatments; | |
11 | (3) Prognosis, including life expectancy, likelihood of recovery, likelihood of | |
12 | improvement, mobility and trajectory and rate of debilitation; | |
13 | (4) Degree of incapacity or disability, including an assessment of whether the prisoner is | |
14 | ambulatory, capable of engaging in any substantial physical activity, ability to independently | |
15 | provide for their daily life activities, and the extent of that activity; | |
16 | (5) An opinion from the medical director as to whether the person is terminally ill, and if | |
17 | so, the stage of the illness, or whether the person is permanently physically or cognitively | |
18 | incapacitated, or severely ill, or an aging prisoner. If the medical director's opinion is that the person | |
19 | is not terminally ill, permanently, physically or cognitively incapacitated, or severely ill, or an aging | |
20 | prisoner as defined in § 13-8.1-3, the petition for medical or geriatric parole shall not be forwarded | |
21 | to the parole board. | |
22 | (6) In the case of a severely ill inmate, the report shall also contain a determination from | |
23 | the office of financial resources that the inmate's illness causes the state to incur exorbitant expenses | |
24 | as a result of continued and frequent medical treatment during incarceration. | |
25 | (d)(e) When the director of corrections refers a prisoner to the parole board for medical or | |
26 | geriatric parole, the director shall provide to the parole board a medical or geriatric discharge plan | |
27 | that is acceptable to the parole board. | |
28 | (e) (f) The department of corrections and the parole board shall jointly develop standards | |
29 | for the medical or geriatric discharge plan that are appropriately adapted to the criminal justice | |
30 | setting. The discharge plan should ensure at the minimum that: | |
31 | (1) An appropriate placement for the prisoner has been secured, including, but not limited | |
32 | to: a hospital, nursing facility, hospice, or family home; | |
33 | (2) A referral has been made for the prisoner to secure a source for payment of the prisoner's | |
34 | medical expenses; | |
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1 | (3) A parole officer has been assigned to periodically obtain updates on the prisoner's | |
2 | medical condition to report back to the board. | |
3 | (f)(g) If the parole board finds from the credible medical evidence that the prisoner is | |
4 | terminally ill, permanently physically or cognitively incapacitated, or severely ill, or an aging | |
5 | prisoner, the board shall grant release to the prisoner but only after the board also considers whether, | |
6 | in light of the prisoner's medical condition, there is a reasonable probability that the prisoner, if | |
7 | released, will live and remain at liberty without violating the law, and that the release is compatible | |
8 | with the welfare of society and will not so depreciate the seriousness of the crime as to undermine | |
9 | respect for the law. Notwithstanding any other provision of law, medical or geriatric release may | |
10 | be granted an any time during the term of a prisoner's sentence. | |
11 | (g)(h) There shall be a presumption that the opinion of the physician and/or medical | |
12 | director will be accepted. However, the applicant, the physician, the director, or the parole board | |
13 | may request an independent medical evaluation within seven (7) days after the physician's and/or | |
14 | medical director's report is presented. The evaluation shall be completed and a report, containing | |
15 | the information required by subsection (b)(c) of this section, filed with the director and the parole | |
16 | board, and a copy sent to the applicant within fourteen (14) days from the date of the request. | |
17 | (h)(i) Within seven (7) days of receiving the application, the medical or geriatric report and | |
18 | the discharge plan, the parole board shall determine whether the application, on its face, | |
19 | demonstrates that relief may be warranted. If the face of the application clearly demonstrates that | |
20 | relief is unwarranted, the board may deny the application without a hearing or further proceedings, | |
21 | and within seven (7) days shall notify the prisoner in writing of its decision to deny the application, | |
22 | setting forth its factual findings and a brief statement of the reasons for denying release without a | |
23 | hearing. Denial of release does not preclude the prisoner from reapplying for medical or geriatric | |
24 | parole after the expiration of sixty (60) days. A reapplication under this section must demonstrate | |
25 | a material change in circumstances. | |
26 | (i)(j)(1) Upon receipt of the application from the director of the department of corrections | |
27 | the parole board shall, except as provided in subsection (h)(i) of this section, set the case for a | |
28 | hearing within thirty (30) days; | |
29 | (2) Notice of the hearing shall be sent to the prosecutor and the victim(s), if any, of the | |
30 | offense(s) for which the prisoner is incarcerated, and the prosecutor and the victim(s) shall have | |
31 | the right to be heard at the hearing, or in writing, or both; | |
32 | (3) At the hearing, the prisoner shall be entitled to be represented by an attorney or by the | |
33 | public defender if qualified or other representative. | |
34 | (j)(k) Within seven (7) days of the hearing, the parole board shall issue a written decision | |
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| |
1 | granting or denying medical or geriatric parole and explaining the reasons for the decision. If the | |
2 | board determines that medical or geriatric parole is warranted, it shall impose conditions of release, | |
3 | that shall include the following: | |
4 | (1) Periodic medical examinations; | |
5 | (2) Periodic reporting to a parole officer, and the reporting interval; | |
6 | (3) Any other terms or conditions that the board deems necessary; and | |
7 | (4) In the case of a prisoner who is medically paroled due to being severely ill, the parole | |
8 | board shall require electronic monitoring as a condition of the medical parole, unless the health | |
9 | care plan mandates placement in a medical facility that cannot accommodate the electronic | |
10 | monitoring. | |
11 | (k)(l) If after release the releasee's condition or circumstances change so that he or she | |
12 | would not then be eligible for medical or geriatric parole, the parole board may order him or her | |
13 | returned to custody to await a hearing to determine whether his or her release should be revoked. | |
14 | A release may also be revoked for violation of conditions otherwise applicable to parole. | |
15 | (l)(m) An annual report shall be prepared by the director of corrections for the parole board | |
16 | and the general assembly. The report shall include: | |
17 | (1) The number of inmates who have applied for medical or geriatric parole; | |
18 | (2) The number of inmates who have been granted medical or geriatric parole; | |
19 | (3) The nature of the illness, cognitive condition, functional impairment, and/or infirmity | |
20 | of the applicants, and the nature of the placement pursuant to the medical discharge plan; | |
21 | (4) The categories of reasons for denial for those who have been denied; | |
22 | (5) The number of releasees on medical or geriatric parole who have been returned to the | |
23 | custody of the department of corrections and the reasons for return. | |
24 | (6) The number of inmates who meet the statutory definition of "aging prisoner" and would | |
25 | be potentially-eligible for geriatric parole. | |
26 | (n) An annual educational seminar will be offered by the department of corrections | |
27 | healthcare services unit to the parole board and community stakeholders on aging and infirmity in | |
28 | prison and special considerations that should be applied to aging prisoners and prisoners with | |
29 | severe or terminal illnesses during parole consideration. | |
30 | SECTION 5. Section 14-1-6 of the General Laws in Chapter 14-1 entitled "Proceedings in | |
31 | Family Court" is hereby amended to read as follows: | |
32 | 14-1-6. Retention of jurisdiction. | |
33 | (a) When the court shall have obtained jurisdiction over any child prior to the child having | |
34 | attained the age of eighteen (18) years by the filing of a petition alleging that the child is wayward | |
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| |
1 | or delinquent pursuant to § 14-1-5, the child shall, except as specifically provided in this chapter, | |
2 | continue under the jurisdiction of the court until he or she becomes nineteen (19) years of age, | |
3 | unless discharged prior to turning nineteen (19). | |
4 | (b) When the court shall have obtained jurisdiction over any child prior to the child's | |
5 | eighteenth (18th) birthday by the filing of a miscellaneous petition or a petition alleging that the | |
6 | child is dependent, neglected, or abused pursuant to §§ 14-1-5 and 40-11-7 or 42-72-14, the child | |
7 | shall, except as specifically provided in this chapter, continue under the jurisdiction of the court | |
8 | until he or she becomes eighteen (18) years of age; provided, that at least six (6) months prior to a | |
9 | child turning eighteen (18) years of age, the court shall require the department of children, youth | |
10 | and families to provide a description of the transition services including the child's housing, health | |
11 | insurance, education and/or employment plan, available mentors and continuing support services, | |
12 | including workforce supports and employment services afforded the child in placement, or a | |
13 | detailed explanation as to the reason those services were not offered. As part of the transition | |
14 | planning, the child shall be informed by the department of the opportunity to voluntarily agree to | |
15 | extended care and placement by the department and legal supervision by the court until age twenty- | |
16 | one (21). The details of a child's transition plan shall be developed in consultation with the child, | |
17 | wherever possible, and approved by the court prior to the dismissal of an abuse, neglect, | |
18 | dependency, or miscellaneous petition before the child's twenty-first birthday. | |
19 | (c) A child, who is in foster care on their eighteenth birthday due to the filing of a | |
20 | miscellaneous petition or a petition alleging that the child is dependent, neglected, or abused | |
21 | pursuant to §§ 14-1-5, 40-11-7 or 42-72-14, may voluntarily elect to continue responsibility for | |
22 | care and placement from DCYF and to remain under the legal supervision of the court as a young | |
23 | adult until age twenty-one (21), provided: | |
24 | (1) The young adult was in the legal custody of the department at age eighteen (18); and | |
25 | (2) The young adult is participating in at least one of the following: | |
26 | (i) Completing the requirements to receive a high school diploma or GED; | |
27 | (ii) Completing a secondary education or a program leading to an equivalent credential; | |
28 | enrolled in an institution that provides postsecondary or vocational education; | |
29 | (iii) Participating in a job-training program or an activity designed to promote or remove | |
30 | barriers to employment; | |
31 | (iv) Be employed for at least eighty (80) hours per month; or | |
32 | (v) Incapable of doing any of the foregoing due to a medical condition that is regularly | |
33 | updated and documented in the case plan. | |
34 | (d) A former foster child who was adopted or placed in guardianship with an adoption | |
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| |
1 | assistance agreement or a guardianship assistance agreement that was executed on or after his or | |
2 | her sixteenth birthday and prior to his or her eighteenth birthday may voluntarily agree to extended | |
3 | care and placement by the department and legal supervision by the court until age twenty-one (21) | |
4 | if the young adult satisfies the requirements in subsection (c)(2). Provided, however, the department | |
5 | retains the right to review the request and first attempt to address the issues through the adoption | |
6 | assistance agreement by providing post adoptive or post guardianship support services to the young | |
7 | adult and his or her adoptive or guardianship family. | |
8 | (e) Upon the request of the young adult, who voluntarily agreed to the extension of care | |
9 | and placement by the department and legal supervision by the court, pursuant to subsections (c) | |
10 | and (d) of this section, the court's legal supervision and the department's responsibility for care and | |
11 | placement may be terminated. Provided, however, the young adult may request reinstatement of | |
12 | responsibility and resumption of the court's legal supervision at any time prior to his or her twenty- | |
13 | first birthday if the young adult meets the requirements set forth in subsection (c)(2). If the | |
14 | department wishes to terminate the court's legal supervision and its responsibility for care and | |
15 | placement, it may file a motion for good cause. The court may exercise its discretion to terminate | |
16 | legal supervision over the young adult at any time. | |
17 | (f) With the consent of the person previously under the court's supervision, the court may | |
18 | reopen, extend or retain its jurisdiction beyond that persons' twenty-first birthday until his or her | |
19 | twenty-second birthday or until September 30, 2021, whichever date occurs first, under the | |
20 | following circumstances: | |
21 | (1) The person aged out of DCYF care or left foster care during the COVID-19 public | |
22 | health emergency, defined as beginning on January 27, 2020, and is entitled to extended benefits | |
23 | pursuant to the terms of the Consolidated Appropriations Act of 2021, Pub. L. 116-260; and | |
24 | (i) The court has or had obtained jurisdiction over the person prior to his or her eighteenth | |
25 | birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent, | |
26 | abused or neglected pursuant to § 14-1-5, 40-11-7 or § 42-72-14 or after the person's eighteenth | |
27 | birthday pursuant to a Voluntary Extension of Care petition; and | |
28 | (ii) Court supervision is necessary for the department of children, youth and families to | |
29 | access IV-E funding to support such benefits, in whole or in part; and | |
30 | (iii) Court supervision is required to continue transition planning and to ensure the safety, | |
31 | permanency, and well-being of older youth who remain in or who age out of foster care and re- | |
32 | enter foster care. | |
33 | (f)(g) The court may retain jurisdiction of any child who is seriously emotionally disturbed | |
34 | or developmentally delayed pursuant to § 42-72-5(b)(24)(v) until that child turns age twenty-one | |
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| |
1 | (21) when the court shall have obtained jurisdiction over any child prior to the child's eighteenth | |
2 | birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent, | |
3 | neglected, and/or abused pursuant to §§ 14-1-5, and 40-11-7, or 42-72-14. | |
4 | (g)(h) The department of children, youth and families shall work collaboratively with the | |
5 | department of behavioral healthcare, developmental disabilities and hospitals, and other agencies, | |
6 | in accordance with § 14-1-59, to provide the family court with a transition plan for those individuals | |
7 | who come under the court's jurisdiction pursuant to a petition alleging that the child is dependent, | |
8 | neglected, and/or abused and who are seriously emotionally disturbed or developmentally delayed | |
9 | pursuant to § 42-72-5(b)(24)(v). This plan shall be a joint plan presented to the court by the | |
10 | department of children, youth and families and the department of behavioral healthcare, | |
11 | developmental disabilities and hospitals. The plan shall include the behavioral healthcare, | |
12 | developmental disabilities and hospitals' community or residential service level, health insurance | |
13 | option, education plan, available mentors, continuing support services, workforce supports and | |
14 | employment services, and the plan shall be provided to the court at least twelve (12) months prior | |
15 | to discharge. At least three (3) months prior to discharge, the plan shall identify the specific | |
16 | placement for the child, if a residential placement is needed. The court shall monitor the transition | |
17 | plan. In the instance where the department of behavioral healthcare, developmental disabilities and | |
18 | hospitals has not made timely referrals to appropriate placements and services, the department of | |
19 | children, youth and families may initiate referrals. | |
20 | (h)(i) The parent and/or guardian and/or guardian ad litem of a child who is seriously | |
21 | emotionally disturbed or developmentally delayed pursuant to § 42-72-5(b)(24)(v), and who is | |
22 | before the court pursuant to §§ 14-1-5(1)(iii) through 14-1-5(1)(v), 40-11-7 or 42-72-14, shall be | |
23 | entitled to a transition hearing, as needed, when the child reaches the age of twenty (20) if no | |
24 | appropriate transition plan has been submitted to the court by the department of children, youth and | |
25 | families and the department of behavioral healthcare, developmental disabilities and hospitals. The | |
26 | family court shall require that the department of behavioral healthcare, developmental disabilities | |
27 | and hospitals shall immediately identify a liaison to work with the department of children, youth | |
28 | and families until the child reaches the age of twenty-one (21) and an immediate transition plan be | |
29 | submitted if the following facts are found: | |
30 | (1) No suitable transition plan has been presented to the court addressing the levels of | |
31 | service appropriate to meet the needs of the child as identified by the department of behavioral | |
32 | healthcare, developmental disabilities and hospitals; or | |
33 | (2) No suitable housing options, health insurance, educational plan, available mentors, | |
34 | continuing support services, workforce supports, and employment services have been identified for | |
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| |
1 | the child. | |
2 | (i)(j) In any case where the court shall not have acquired jurisdiction over any person prior | |
3 | to the person's eighteenth (18th) birthday by the filing of a petition alleging that the person had | |
4 | committed an offense, but a petition alleging that the person had committed an offense that would | |
5 | be punishable as a felony if committed by an adult has been filed before that person attains the age | |
6 | of nineteen (19) years of age, that person shall, except as specifically provided in this chapter, be | |
7 | subject to the jurisdiction of the court until he or she becomes nineteen (19) years of age, unless | |
8 | discharged prior to turning nineteen (19). | |
9 | (j)(k) In any case where the court shall not have acquired jurisdiction over any person prior | |
10 | to the person attaining the age of nineteen (19) years by the filing of a petition alleging that the | |
11 | person had committed an offense prior to the person attaining the age of eighteen (18) years that | |
12 | would be punishable as a felony if committed by an adult, that person shall be referred to the court | |
13 | that had jurisdiction over the offense if it had been committed by an adult. The court shall have | |
14 | jurisdiction to try that person for the offense committed prior to the person attaining the age of | |
15 | eighteen (18) years and, upon conviction, may impose a sentence not exceeding the maximum | |
16 | penalty provided for the conviction of that offense. | |
17 | (k)(l) In any case where the court has certified and adjudicated a child in accordance with | |
18 | the provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the power | |
19 | and authority to sentence the child to a period in excess of the age of nineteen (19) years. However, | |
20 | in no case shall the sentence be in excess of the maximum penalty provided by statute for the | |
21 | conviction of the offense. | |
22 | (l)(m) Nothing in this section shall be construed to affect the jurisdiction of other courts | |
23 | over offenses committed by any person after he or she reaches the age of eighteen (18) years. | |
24 | SECTION 6. Sections 40-5.2-8, 40-5.2-108, 40-5.2-11, 40-5.2-20 and 40-5.2-33 of the | |
25 | General Laws in Chapter 40-5.2 entitled "The Rhode Island Works Program" are hereby amended | |
26 | to read as follows: | |
27 | 40-5.2-8. Definitions. | |
28 | As used in this chapter, the following terms having the meanings set forth herein, unless | |
29 | the context in which such terms are used clearly indicates to the contrary: | |
30 | (1) "Applicant" means a person who has filed a written application for assistance for | |
31 | herself/himself and her/his dependent child(ren). An applicant may be a parent or non-parent | |
32 | caretaker relative. | |
33 | (2) "Assistance" means cash and any other benefits provided pursuant to this chapter. | |
34 | (3) "Assistance unit" means the assistance-filing unit consisting of the group of persons, | |
|
| |
1 | including the dependent child(ren), living together in a single household who must be included in | |
2 | the application for assistance and in the assistance payment if eligibility is established. An | |
3 | assistance unit may be the same as a family. | |
4 | (4) "Benefits" shall mean assistance received pursuant to this chapter. | |
5 | (5) "Community service programs" means structured programs and activities in which cash | |
6 | assistance recipients perform work for the direct benefit of the community under the auspices of | |
7 | public or nonprofit organizations. Community service programs are designed to improve the | |
8 | employability of recipients not otherwise able to obtain paid employment. | |
9 | (6) "Department" means the department of human services. | |
10 | (7) "Dependent child" means an individual, other than an individual with respect to whom | |
11 | foster care maintenance payments are made, who is: (A) under the age of eighteen (18); or (B) | |
12 | under the age of nineteen (19) and a full-time student in a secondary school (or in the equivalent | |
13 | level of vocational or educational training), if before he or she attains age nineteen (19), he or she | |
14 | may reasonably be expected to complete the program of such secondary school (or such training). | |
15 | (8) "Director" means the director of the department of human services. | |
16 | (9) "Earned income" means income in cash or the equivalent received by a person through | |
17 | the receipt of wages, salary, commissions, or profit from activities in which the person is self- | |
18 | employed or as an employee and before any deductions for taxes. | |
19 | (10) "Earned income tax credit" means the credit against federal personal income tax | |
20 | liability under § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, or any successor section, | |
21 | the advanced payment of the earned income tax credit to an employee under § 3507 of the code, 26 | |
22 | U.S.C. § 3507 [repealed], or any successor section and any refund received as a result of the earned | |
23 | income tax credit, as well as any refundable state earned income tax credit. | |
24 | (11) "Education directly related to employment" means education, in the case of a | |
25 | participant who has not received a high school diploma or a certificate of high school equivalency, | |
26 | related to a specific occupation, job, or job offer. | |
27 | (12) "Family" means: (A) a pregnant woman from and including the seventh month of her | |
28 | pregnancy; or (B) a child and the following eligible persons living in the same household as the | |
29 | child: (C) each biological, adoptive or stepparent of the child, or in the absence of a parent, any | |
30 | adult relative who is responsible, in fact, for the care of such child; and (D) the child's minor siblings | |
31 | (whether of the whole or half blood); provided, however, that the term "family" shall not include | |
32 | any person receiving benefits under title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. | |
33 | A family may be the same as the assistance unit. | |
34 | (13) "Gross earnings" means earnings from employment and self-employment further | |
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| |
1 | described in the department of human services rules and regulations. | |
2 | (14) "Individual employment plan" means a written, individualized plan for employment | |
3 | developed jointly by the applicant and the department of human services that specifies the steps the | |
4 | participant shall take toward long-term economic independence developed in accordance with § | |
5 | 40-5.2-10(e). A participant must comply with the terms of the individual employment plan as a | |
6 | condition of eligibility in accordance with § 40-5.2-10(e). | |
7 | (15) "Job search and job readiness" means the mandatory act of seeking or obtaining | |
8 | employment by the participant, or the preparation to seek or obtain employment. | |
9 | In accord with federal requirements, job search activities must be supervised by the | |
10 | department of labor and training and must be reported to the department of human services in | |
11 | accordance with TANF work verification requirements. | |
12 | Except in the context of rehabilitation employment plans, and special services provided by | |
13 | the department of children, youth and families, job-search and job-readiness activities are limited | |
14 | to four (4) consecutive weeks, or for a total of six (6) weeks in a twelve-month (12) period, with | |
15 | limited exceptions as defined by the department. The department of human services, in consultation | |
16 | with the department of labor and training, shall extend job-search, and job-readiness assistance for | |
17 | up to twelve (12) weeks in a fiscal year if a state has an unemployment rate at least fifty percent | |
18 | (50%) greater than the United States unemployment rate if the state meets the definition of a "needy | |
19 | state" under the contingency fund provisions of federal law. | |
20 | Preparation to seek employment, or job readiness, may include, but may not be limited to, | |
21 | the participant obtaining life-skills training, homelessness services, domestic violence services, | |
22 | special services for families provided by the department of children youth and families, substance | |
23 | abuse treatment, mental health treatment, or rehabilitation activities as appropriate for those who | |
24 | are otherwise employable. The services, treatment, or therapy must be determined to be necessary | |
25 | and certified by a qualified medical or mental health professional. Intensive work-readiness | |
26 | services may include work-based literacy, numeracy, hands-on training, work experience, and case | |
27 | management services. Nothing in this section shall be interpreted to mean that the department of | |
28 | labor and training shall be the sole provider of job-readiness activities described herein. | |
29 | (16) "Job skills training directly related to employment" means training or education for | |
30 | job skills required by an employer to provide an individual with the ability to obtain employment | |
31 | or to advance or adapt to the changing demands of the workplace. Job skills training directly related | |
32 | to employment must be supervised on an ongoing basis. | |
33 | (17) "Minor parent" means a parent under the age of eighteen (18). A minor parent may be | |
34 | an applicant or recipient with his or her dependent child(ren) in his/her own case or a member of | |
|
| |
1 | an assistance unit with his or her dependent child(ren) in a case established by the minor parent's | |
2 | parent. | |
3 | (18) "Net income" means the total gross income of the assistance unit less allowable | |
4 | disregards and deductions as described in § 40-5.2-10(g). | |
5 | (19) "On-the-job-training" means training in the public or private sector that is given to a | |
6 | paid employee while he or she is engaged in productive work and that provides knowledge and | |
7 | skills essential to the full and adequate performance of the job. On-the-job training must be | |
8 | supervised by an employer, work-site sponsor, or other designee of the department of human | |
9 | services on an ongoing basis. | |
10 | (20) "Participant" means a person who has been found eligible for assistance in accordance | |
11 | with this chapter and who must comply with all requirements of this chapter, and has entered into | |
12 | an individual employment plan. A participant may be a parent or non-parent caretaker relative | |
13 | included in the cash assistance payment. | |
14 | (21) "Recipient" means a person who has been found eligible and receives cash assistance | |
15 | in accordance with this chapter. | |
16 | (22) "Relative" means a parent, stepparent, grandparent, great grandparent, great-great | |
17 | grandparent, aunt, great-aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister, brother, | |
18 | stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed, niece, great- | |
19 | niece, great-great niece, nephew, great-nephew, or great-great nephew. | |
20 | (23) "Resident" means a person who maintains residence by his or her continuous physical | |
21 | presence in the state. | |
22 | (24) "Self-employment income" means the total profit from a business enterprise, farming, | |
23 | etc., resulting from a comparison of the gross receipts with the business expenses, i.e., expenses | |
24 | directly related to producing the goods or services and without which the goods or services could | |
25 | not be produced. However, items such as depreciation, personal business and entertainment | |
26 | expenses, and personal transportation are not considered business expenses for the purposes of | |
27 | determining eligibility for cash assistance in accordance with this chapter. | |
28 | (25) "State" means the State of Rhode Island and Providence Plantations. | |
29 | (26) "Subsidized employment" means employment in the private or public sectors for | |
30 | which the employer receives a subsidy from TANF or other public funds to offset some or all of | |
31 | the wages and costs of employing a recipient. It includes work in which all or a portion of the wages | |
32 | paid to the recipient are provided to the employer either as a reimbursement for the extra costs of | |
33 | training or as an incentive to hire the recipient, including, but not limited to, grant diversion. | |
34 | (27) "Subsidized housing" means housing for a family whose rent is restricted to a | |
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| |
1 | percentage of its income. | |
2 | (28) "Unsubsidized employment" means full- or part-time employment in the public or | |
3 | private sector that is not subsidized by TANF or any other public program. | |
4 | (29) "Vocational educational training" means organized educational programs, not to | |
5 | exceed twelve (12) months with respect to any participant, that are directly related to the preparation | |
6 | of participants for employment in current or emerging occupations. Vocational educational training | |
7 | must be supervised. | |
8 | (30) "Work activities" mean the specific work requirements that must be defined in the | |
9 | individual employment plan and must be complied with by the participant as a condition of | |
10 | eligibility for the receipt of cash assistance for single and two-family (2) households outlined in § | |
11 | 40-5.2-12 of this chapter. | |
12 | (31) "Work experience" means a work activity that provides a participant with an | |
13 | opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain | |
14 | employment. The purpose of work experience is to improve the employability of those who cannot | |
15 | find unsubsidized employment. An employer, work site sponsor, and/or other appropriate designee | |
16 | of the department must supervise this activity. | |
17 | (32) "Work supplementation," also known as "grant diversion," means the use of all or a | |
18 | portion of a participant's cash assistance grant and food stamp grant as a wage supplement to an | |
19 | employer. The supplement shall be limited to a maximum period of twelve (12) months. An | |
20 | employer must agree to continue the employment of the participant as part of the regular work | |
21 | force, beyond the supplement period, if the participant demonstrates satisfactory performance. | |
22 | 40-5.2-10. Necessary requirements and conditions. | |
23 | The following requirements and conditions shall be necessary to establish eligibility for | |
24 | the program. | |
25 | (a) Citizenship, alienage, and residency requirements. | |
26 | (1) A person shall be a resident of the State of Rhode Island. | |
27 | (2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the | |
28 | alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity | |
29 | Reconciliation Act of 1996, PRWORA, Public Laws No. 104-193 and as that section may hereafter | |
30 | be amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the | |
31 | alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in | |
32 | accordance with this chapter. | |
33 | (b) The family/assistance unit must meet any other requirements established by the | |
34 | department of human services by rules and regulations adopted pursuant to the Administrative | |
|
| |
1 | Procedures Act, as necessary to promote the purpose and goals of this chapter. | |
2 | (c) Receipt of cash assistance is conditional upon compliance with all program | |
3 | requirements. | |
4 | (d) All individuals domiciled in this state shall be exempt from the application of | |
5 | subdivision 115(d)(1)(A) of Public Law 104-193, the Personal Responsibility and Work | |
6 | Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any | |
7 | individual ineligible for certain state and federal assistance if that individual has been convicted | |
8 | under federal or state law of any offense that is classified as a felony by the law of the jurisdiction | |
9 | and that has as an element the possession, use, or distribution of a controlled substance as defined | |
10 | in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)). | |
11 | (e) Individual employment plan as a condition of eligibility. | |
12 | (1) Following receipt of an application, the department of human services shall assess the | |
13 | financial conditions of the family, including the non-parent caretaker relative who is applying for | |
14 | cash assistance for himself or herself as well as for the minor child(ren), in the context of an | |
15 | eligibility determination. If a parent or non-parent caretaker relative is unemployed or under- | |
16 | employed, the department shall conduct an initial assessment, taking into account: (A) The physical | |
17 | capacity, skills, education, work experience, health, safety, family responsibilities and place of | |
18 | residence of the individual; and (B) The child care and supportive services required by the applicant | |
19 | to avail himself or herself of employment opportunities and/or work readiness programs. | |
20 | (2) On the basis of this assessment, the department of human services and the department | |
21 | of labor and training, as appropriate, in consultation with the applicant, shall develop an individual | |
22 | employment plan for the family which requires the individual to participate in the intensive | |
23 | employment services. Intensive employment services shall be defined as the work requirement | |
24 | activities in § 40-5.2-12(g) and (i). | |
25 | (3) The director, or his or her designee, may assign a case manager to an | |
26 | applicant/participant, as appropriate. | |
27 | (4) The department of labor and training and the department of human services in | |
28 | conjunction with the participant shall develop a revised individual employment plan that shall | |
29 | identify employment objectives, taking into consideration factors above, and shall include a | |
30 | strategy for immediate employment and for preparing for, finding, and retaining employment | |
31 | consistent, to the extent practicable, with the individual's career objectives. | |
32 | (5) The individual employment plan must include the provision for the participant to | |
33 | engage in work requirements as outlined in § 40-5.2-12. | |
34 | (6)(i) The participant shall attend and participate immediately in intensive assessment and | |
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| |
1 | employment services as the first step in the individual employment plan, unless temporarily exempt | |
2 | from this requirement in accordance with this chapter. Intensive assessment and employment | |
3 | services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i). | |
4 | (ii) Parents under age twenty (20) without a high school diploma or general equivalency | |
5 | diploma (GED) shall be referred to special teen parent programs which will provide intensive | |
6 | services designed to assist teen parents to complete high school education or GED, and to continue | |
7 | approved work plan activities in accord with Rhode Island works program requirements. | |
8 | (7) The applicant shall become a participant in accordance with this chapter at the time the | |
9 | individual employment plan is signed and entered into. | |
10 | (8) Applicants and participants of the Rhode Island works program shall agree to comply | |
11 | with the terms of the individual employment plan, and shall cooperate fully with the steps | |
12 | established in the individual employment plan, including the work requirements. | |
13 | (9) The department of human services has the authority under the chapter to require | |
14 | attendance by the applicant/participant, either at the department of human services or at the | |
15 | department of labor and training, at appointments deemed necessary for the purpose of having the | |
16 | applicant enter into and become eligible for assistance through the Rhode Island works program. | |
17 | The appointments include, but are not limited to, the initial interview, orientation and assessment; | |
18 | job readiness and job search. Attendance is required as a condition of eligibility for cash assistance | |
19 | in accordance with rules and regulations established by the department. | |
20 | (10) As a condition of eligibility for assistance pursuant to this chapter, the | |
21 | applicant/participant shall be obligated to keep appointments, attend orientation meetings at the | |
22 | department of human services and/or the Rhode Island department of labor and training; participate | |
23 | in any initial assessments or appraisals; and comply with all the terms of the individual employment | |
24 | plan in accordance with department of human services rules and regulations. | |
25 | (11) A participant, including a parent or non-parent caretaker relative included in the cash | |
26 | assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as | |
27 | defined in this chapter or the department's rules and regulations. | |
28 | (12) A participant who voluntarily quits or refuses a job without good cause, as defined in | |
29 | § 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be sanctioned | |
30 | in accordance with rules and regulations promulgated by the department. | |
31 | (f) Resources. | |
32 | (1) The family or assistance unit's countable resources shall be less than the allowable | |
33 | resource limit established by the department in accordance with this chapter. | |
34 | (2) No family or assistance unit shall be eligible for assistance payments if the combined | |
|
| |
1 | value of its available resources (reduced by any obligations or debts with respect to such resources) | |
2 | exceeds one thousand dollars ($1,000). | |
3 | (3) For purposes of this subsection, the following shall not be counted as resources of the | |
4 | family/assistance unit in the determination of eligibility for the works program: | |
5 | (i) The home owned and occupied by a child, parent, relative or other individual; | |
6 | (ii) Real property owned by a husband and wife as tenants by the entirety, if the property | |
7 | is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in | |
8 | the property; | |
9 | (iii) Real property that the family is making a good faith effort to dispose of, however, any | |
10 | cash assistance payable to the family for any such period shall be conditioned upon such disposal | |
11 | of the real property within six (6) months of the date of application and any payments of assistance | |
12 | for that period shall (at the time of disposal) be considered overpayments to the extent that they | |
13 | would not have occurred at the beginning of the period for which the payments were made. All | |
14 | overpayments are debts subject to recovery in accordance with the provisions of the chapter; | |
15 | (iv) Income-producing property other than real estate including, but not limited to, | |
16 | equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or | |
17 | services that the department determines are necessary for the family to earn a living; | |
18 | (v) One vehicle for each adult household member, but not to exceed two (2) vehicles per | |
19 | household, and in addition, a vehicle used primarily for income producing purposes such as, but | |
20 | not limited to, a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle that annually | |
21 | produces income consistent with its fair market value, even if only used on a seasonal basis; a | |
22 | vehicle necessary to transport a family member with a disability where the vehicle is specially | |
23 | equipped to meet the specific needs of the person with a disability or if the vehicle is a special type | |
24 | of vehicle that makes it possible to transport the person with a disability; | |
25 | (vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of | |
26 | limited value; | |
27 | (vii) Burial plots (one for each child, relative, and other individual in the assistance unit) | |
28 | and funeral arrangements; | |
29 | (viii) For the month of receipt and the following month, any refund of federal income taxes | |
30 | made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating | |
31 | to earned income tax credit), and any payment made to the family by an employer under § 3507 of | |
32 | the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of | |
33 | such earned income credit); | |
34 | (ix) The resources of any family member receiving supplementary security income | |
|
| |
1 | assistance under the Social Security Act, 42 U.S.C. § 301 et seq. | |
2 | (x) Any veteran's disability pension benefits received as a result of any disability sustained | |
3 | by the veteran while in the military service. | |
4 | (g) Income. | |
5 | (1) Except as otherwise provided for herein, in determining eligibility for and the amount | |
6 | of cash assistance to which a family is entitled under this chapter, the income of a family includes | |
7 | all of the money, goods, and services received or actually available to any member of the family. | |
8 | (2) In determining the eligibility for and the amount of cash assistance to which a | |
9 | family/assistance unit is entitled under this chapter, income in any month shall not include the first | |
10 | one hundred seventy dollars ($170) of gross earnings plus fifty percent (50%) of the gross earnings | |
11 | of the family in excess of one hundred seventy dollars ($170) earned during the month. | |
12 | (3) The income of a family shall not include: | |
13 | (i) The first fifty dollars ($50.00) in child support received in any month from each non- | |
14 | custodial parent of a child plus any arrearages in child support (to the extent of the first fifty dollars | |
15 | ($50.00) per month multiplied by the number of months in which the support has been in arrears) | |
16 | that are paid in any month by a non-custodial parent of a child; | |
17 | (ii) Earned income of any child; | |
18 | (iii) Income received by a family member who is receiving supplemental security income | |
19 | (SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.; | |
20 | (iv) The value of assistance provided by state or federal government or private agencies to | |
21 | meet nutritional needs, including: value of USDA donated foods; value of supplemental food | |
22 | assistance received under the Child Nutrition Act of 1966, as amended and the special food service | |
23 | program for children under Title VII, nutrition program for the elderly, of the Older Americans Act | |
24 | of 1965 as amended, and the value of food stamps; | |
25 | (v) Value of certain assistance provided to undergraduate students, including any grant or | |
26 | loan for an undergraduate student for educational purposes made or insured under any loan program | |
27 | administered by the United States Commissioner of Education (or the Rhode Island council on | |
28 | postsecondary education or the Rhode Island division of higher education assistance); | |
29 | (vi) Foster care payments; | |
30 | (vii) Home energy assistance funded by state or federal government or by a nonprofit | |
31 | organization; | |
32 | (viii) Payments for supportive services or reimbursement of out-of-pocket expenses made | |
33 | to foster grandparents, senior health aides or senior companions and to persons serving in SCORE | |
34 | and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act | |
|
| |
1 | of 1973, 42 U.S.C. § 5000 et seq.; | |
2 | (ix) Payments to volunteers under AmeriCorps VISTA as defined in the department's rules | |
3 | and regulations; | |
4 | (x) Certain payments to native Americans; payments distributed per capita to, or held in | |
5 | trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134, | |
6 | 25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes | |
7 | which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17, | |
8 | 1975; | |
9 | (xi) Refund from the federal and state earned income tax credit; | |
10 | (xii) The value of any state, local, or federal government rent or housing subsidy, provided | |
11 | that this exclusion shall not limit the reduction in benefits provided for in the payment standard | |
12 | section of this chapter. | |
13 | (xiii) The earned income of any adult family member who gains employment while an | |
14 | active RI Works household member. Such income is excluded for the first six (6) months of | |
15 | employment in which the income is earned, or until the household's total gross income exceeds one | |
16 | hundred and eighty five (185) percent of the federal poverty level, unless the household reaches its | |
17 | forty-eight (48) month time limit first. | |
18 | (xiv) Any veteran's disability pension benefits received as a result of any disability | |
19 | sustained by the veteran while in the military service. | |
20 | (4) The receipt of a lump sum of income shall affect participants for cash assistance in | |
21 | accordance with rules and regulations promulgated by the department. | |
22 | (h) Time limit on the receipt of cash assistance. | |
23 | (1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this | |
24 | chapter, to a family or assistance unit that includes an adult member who has received cash | |
25 | assistance for a total of forty-eight (48) months (whether or not consecutive), to include any time | |
26 | receiving any type of cash assistance in any other state or territory of the United States of America | |
27 | as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3) | |
28 | with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to | |
29 | a family or assistance unit which includes an adult member who has received cash assistance for a | |
30 | total of a lifetime limit of forty-eight (48) months. | |
31 | (2) Cash benefits received by a minor dependent child shall not be counted toward their | |
32 | lifetime time limit for receiving benefits under this chapter should that minor child apply for cash | |
33 | benefits as an adult. | |
34 | (3) Certain minor children not subject to time limit. This section regarding the lifetime time | |
|
| |
1 | limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren) | |
2 | living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult | |
3 | non-parent caretaker relative who is not in the cash assistance payment. | |
4 | (4) Receipt of family cash assistance in any other state or territory of the United States of | |
5 | America shall be determined by the department of human services and shall include family cash | |
6 | assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds | |
7 | [Title IV-A of the Federal Social Security Act 42 U.S.C. § 601 et seq.] and/or family cash assistance | |
8 | provided under a program similar to the Rhode Island families work and opportunity program or | |
9 | the federal TANF program. | |
10 | (5)(i) The department of human services shall mail a notice to each assistance unit when | |
11 | the assistance unit has six (6) months of cash assistance remaining and each month thereafter until | |
12 | the time limit has expired. The notice must be developed by the department of human services and | |
13 | must contain information about the lifetime time limit, the number of months the participant has | |
14 | remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus, | |
15 | and any other information pertinent to a family or an assistance unit nearing the forty-eight-month | |
16 | (48) lifetime time limit. | |
17 | (ii) For applicants who have less than six (6) months remaining in the forty-eight-month | |
18 | (48) lifetime time limit because the family or assistance unit previously received cash assistance in | |
19 | Rhode Island or in another state, the department shall notify the applicant of the number of months | |
20 | remaining when the application is approved and begin the process required in subsection (h)(5)(i). | |
21 | (6) If a cash assistance recipient family was closed pursuant to Rhode Island's Temporary | |
22 | Assistance for Needy Families Program (federal TANF described in Title IV A of the Federal | |
23 | Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family | |
24 | independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction | |
25 | because of failure to comply with the cash assistance program requirements; and that recipient | |
26 | family received forty-eight (48) months of cash benefits in accordance with the family | |
27 | independence program, then that recipient family is not able to receive further cash assistance for | |
28 | his/her family, under this chapter, except under hardship exceptions. | |
29 | (7) The months of state or federally funded cash assistance received by a recipient family | |
30 | since May 1, 1997, under Rhode Island's Temporary Assistance for Needy Families Program | |
31 | (federal TANF described in Title IV A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.), | |
32 | formerly entitled the Rhode Island family independence program, shall be countable toward the | |
33 | time limited cash assistance described in this chapter. | |
34 | (i) Time limit on the receipt of cash assistance. | |
|
| |
1 | (1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance | |
2 | unit in which an adult member has received cash assistance for a total of sixty (60) months (whether | |
3 | or not consecutive) to include any time receiving any type of cash assistance in any other state or | |
4 | territory of the United States as defined herein effective August 1, 2008. Provided further, that no | |
5 | cash assistance shall be provided to a family in which an adult member has received assistance for | |
6 | twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan | |
7 | as provided in § 40-5.2-12(g)(5). | |
8 | (2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter | |
9 | to a family in which a child has received cash assistance for a total of sixty (60) months (whether | |
10 | or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to | |
11 | subdivision 40-5.2(a) (2) to include any time they received any type of cash assistance in any other | |
12 | state or territory of the United States as defined herein. | |
13 | (j) Hardship exceptions. | |
14 | (1) The department may extend an assistance unit's or family's cash assistance beyond the | |
15 | time limit, by reason of hardship; provided, however, that the number of families to be exempted | |
16 | by the department with respect to their time limit under this subsection shall not exceed twenty | |
17 | percent (20%) of the average monthly number of families to which assistance is provided for under | |
18 | this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by | |
19 | federal law, any waiver granted under § 40-5.2-35, for domestic violence, shall not be counted in | |
20 | determining the twenty percent (20%) maximum under this section. | |
21 | (2) Parents who receive extensions to the time limit due to hardship must have and comply | |
22 | with employment plans designed to remove or ameliorate the conditions that warranted the | |
23 | extension. | |
24 | (k) Parents under eighteen (18) years of age. | |
25 | (1) A family consisting of a parent who is under the age of eighteen (18), and who has | |
26 | never been married, and who has a child; or a family consisting of a woman under the age of | |
27 | eighteen (18) who is at least six (6) months pregnant, shall be eligible for cash assistance only if | |
28 | the family resides in the home of an adult parent, legal guardian, or other adult relative. The | |
29 | assistance shall be provided to the adult parent, legal guardian, or other adult relative on behalf of | |
30 | the individual and child unless otherwise authorized by the department. | |
31 | (2) This subsection shall not apply if the minor parent or pregnant minor has no parent, | |
32 | legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the | |
33 | department determines that the physical or emotional health or safety of the minor parent, or his or | |
34 | her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same | |
|
| |
1 | residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal | |
2 | guardian or other adult relative to allow the minor parent or his or her child, or a pregnant minor, | |
3 | to live in his or her home shall constitute a presumption that the health or safety would be so | |
4 | jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or | |
5 | legal guardian for a period of at least one year before either the birth of any child to a minor parent | |
6 | or the onset of the pregnant minor's pregnancy; or there is good cause, under departmental | |
7 | regulations, for waiving the subsection; and the individual resides in a supervised supportive living | |
8 | arrangement to the extent available. | |
9 | (3) For purposes of this section, "supervised supportive-living arrangement" means an | |
10 | arrangement that requires minor parents to enroll and make satisfactory progress in a program | |
11 | leading to a high school diploma or a general education development certificate, and requires minor | |
12 | parents to participate in the adolescent parenting program designated by the department, to the | |
13 | extent the program is available; and provides rules and regulations that ensure regular adult | |
14 | supervision. | |
15 | (l) Assignment and cooperation. As a condition of eligibility for cash and medical | |
16 | assistance under this chapter, each adult member, parent, or caretaker relative of the | |
17 | family/assistance unit must: | |
18 | (1) Assign to the state any rights to support for children within the family from any person | |
19 | that the family member has at the time the assignment is executed or may have while receiving | |
20 | assistance under this chapter; | |
21 | (2) Consent to and cooperate with the state in establishing the paternity and in establishing | |
22 | and/or enforcing child support and medical support orders for all children in the family or assistance | |
23 | unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker | |
24 | relative is found to have good cause for refusing to comply with the requirements of this subsection. | |
25 | (3) Absent good cause, as defined by the department of human services through the rule- | |
26 | making process, for refusing to comply with the requirements of (l)(1) and (l)(2), cash assistance | |
27 | to the family shall be reduced by twenty-five percent (25%) until the adult member of the family | |
28 | who has refused to comply with the requirements of this subsection consents to and cooperates with | |
29 | the state in accordance with the requirements of this subsection. | |
30 | (4) As a condition of eligibility for cash and medical assistance under this chapter, each | |
31 | adult member, parent, or caretaker relative of the family/assistance unit must consent to and | |
32 | cooperate with the state in identifying and providing information to assist the state in pursuing any | |
33 | third-party who may be liable to pay for care and services under Title XIX of the Social Security | |
34 | Act, 42 U.S.C. § 1396 et seq. | |
|
| |
1 | 40-5.2-11. Cash assistance. | |
2 | (a) A family or assistance unit found by the department to meet the eligibility criteria set | |
3 | forth in this chapter shall be eligible to receive cash assistance as of the date a signed, written | |
4 | application, signed under a penalty of perjury, is received by the department. | |
5 | (b) The family members or assistance unit shall be eligible for cash assistance for so long | |
6 | as they continue to meet the eligibility criteria outlined in accordance with this chapter. Parents and | |
7 | adult non-parent caretaker relatives receiving cash assistance shall be eligible so long as they meet | |
8 | the terms and conditions of the work requirements of § 40-5.2-12. An adult caretaker relative shall | |
9 | be eligible for assistance as a member of the assistance unit so long as he/she meets all the eligibility | |
10 | requirements of this chapter. | |
11 | (c) The monthly amount of cash assistance shall be equal to the payment standard for the | |
12 | family minus the countable income of the family in that month. The department is authorized to | |
13 | reduce the amount of assistance in the month of application to reflect the number of the days | |
14 | between the first day of the month and the effective date of the application. | |
15 | (d) A decision on the application for assistance shall be made or rejected by the department | |
16 | no later than thirty (30) days following the date submitted and shall be effective as of the date of | |
17 | application. | |
18 | (e) The payment standard is equal to the sum of the following: three hundred twenty-seven | |
19 | dollars ($327) (two hundred seventy-seven dollars ($277) four hundred twenty-five dollars ($425) | |
20 | (three hundred sixty dollars ($360) for a family residing in subsidized housing) for the first person, | |
21 | one hundred twenty-two dollars ($122) one hundred fifty-nine dollars ($159) for the second person, | |
22 | one hundred five dollars ($105) one hundred thirty-seven dollars ($137) for the third person and | |
23 | eighty dollars ($80) and one hundred four dollars ($104) for each additional person. | |
24 | 40-5.2-20. Childcare assistance - Families or assistance units eligible. | |
25 | (a) The department shall provide appropriate child care to every participant who is eligible | |
26 | for cash assistance and who requires child care in order to meet the work requirements in | |
27 | accordance with this chapter. | |
28 | (b) Low-income child care. The department shall provide child care to all other working | |
29 | families with incomes at or below one hundred eighty percent (180%) of the federal poverty level | |
30 | if, and to the extent, these other families require child care in order to work at paid employment as | |
31 | defined in the department's rules and regulations. Beginning October 1, 2013, the department shall | |
32 | also provide child care to families with incomes below one hundred eighty percent (180%) of the | |
33 | federal poverty level if, and to the extent, these families require child care to participate on a short- | |
34 | term basis, as defined in the department's rules and regulations, in training, apprenticeship, | |
|
| |
1 | internship, on-the-job training, work experience, work immersion, or other job-readiness/job- | |
2 | attachment program sponsored or funded by the human resource investment council (governor's | |
3 | workforce board) or state agencies that are part of the coordinated program system pursuant to § | |
4 | 42-102-11. Effective from January 1, 2021 through June 30, 2022, the department shall also provide | |
5 | child care assistance to families with incomes below one hundred eighty percent (180%) of the | |
6 | federal poverty level when such assistance is necessary for a member of these families to enroll or | |
7 | maintain enrollment in a Rhode Island public institution of higher education provided that | |
8 | eligibility to receive funding is capped when expenditures reach $200,000 for this provision. | |
9 | (c) No family/assistance unit shall be eligible for childcare assistance under this chapter if | |
10 | the combined value of its liquid resources exceeds one million dollars ($1,000,000), which | |
11 | corresponds to the amount permitted by the federal government under the state plan and set forth | |
12 | in the administrative rulemaking process by the department. Liquid resources are defined as any | |
13 | interest(s) in property in the form of cash or other financial instruments or accounts that are readily | |
14 | convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit | |
15 | union, or other financial institution savings, checking, and money market accounts; certificates of | |
16 | deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments | |
17 | or accounts. These do not include educational savings accounts, plans, or programs; retirement | |
18 | accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse. | |
19 | The department is authorized to promulgate rules and regulations to determine the ownership and | |
20 | source of the funds in the joint account. | |
21 | (d) As a condition of eligibility for childcare assistance under this chapter, the parent or | |
22 | caretaker relative of the family must consent to, and must cooperate with, the department in | |
23 | establishing paternity, and in establishing and/or enforcing child support and medical support | |
24 | orders for any children in the family receiving appropriate child care under this section in | |
25 | accordance with the applicable sections of title 15 of the state's general laws, as amended, unless | |
26 | the parent or caretaker relative is found to have good cause for refusing to comply with the | |
27 | requirements of this subsection. | |
28 | (e) For purposes of this section, "appropriate child care" means child care, including infant, | |
29 | toddler, pre-school, nursery school, and school-age, that is provided by a person or organization | |
30 | qualified, approved, and authorized to provide the care by the state agency or agencies designated | |
31 | to make the determinations in accordance with the provisions set forth herein. | |
32 | (f)(1) Families with incomes below one hundred percent (100%) of the applicable federal | |
33 | poverty level guidelines shall be provided with free child care. Families with incomes greater than | |
34 | one hundred percent (100%) and less than one hundred eighty percent (180%) of the applicable | |
|
| |
1 | federal poverty guideline shall be required to pay for some portion of the child care they receive, | |
2 | according to a sliding-fee scale adopted by the department in the department's rules, not to exceed | |
3 | seven percent (7%) of income as defined in subsection (h) of this section. | |
4 | (2) Families who are receiving childcare assistance and who become ineligible for | |
5 | childcare assistance as a result of their incomes exceeding one hundred eighty percent (180%) of | |
6 | the applicable federal poverty guidelines shall continue to be eligible for childcare assistance until | |
7 | their incomes exceed two hundred twenty-five percent (225%) of the applicable federal poverty | |
8 | guidelines. To be eligible, the families must continue to pay for some portion of the child care they | |
9 | receive, as indicated in a sliding-fee scale adopted in the department's rules, not to exceed seven | |
10 | percent (7%) of income as defined in subsection (h) of this section, and in accordance with all other | |
11 | eligibility standards. | |
12 | (g) In determining the type of child care to be provided to a family, the department shall | |
13 | take into account the cost of available childcare options; the suitability of the type of care available | |
14 | for the child; and the parent's preference as to the type of child care. | |
15 | (h) For purposes of this section, "income" for families receiving cash assistance under § | |
16 | 40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in | |
17 | §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and | |
18 | unearned income as determined by departmental regulations. | |
19 | (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast | |
20 | the expenditures for child care in accordance with the provisions of § 35-17-1. | |
21 | (j) In determining eligibility for childcare assistance for children of members of reserve | |
22 | components called to active duty during a time of conflict, the department shall freeze the family | |
23 | composition and the family income of the reserve component member as it was in the month prior | |
24 | to the month of leaving for active duty. This shall continue until the individual is officially | |
25 | discharged from active duty. | |
26 | 40-5.2-33. School-age children Child clothing allowance. | |
27 | Subject to general assembly appropriation, one One month each year, each dependent | |
28 | school age child as defined by the department of human services who lives in a family receiving | |
29 | cash assistance under this chapter in that month shall be given a supplementary payment of no less | |
30 | than one hundred dollars ($100) for the purchase of clothing in accordance with Title IV-A of the | |
31 | Social Security Act, 42 U.S.C. § 601 et seq. | |
32 | SECTION 7. Sections 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled "Child | |
33 | Care – State Subsidies" is hereby amended to read as follows: | |
34 | 40-6.2-1.1. Rates established. | |
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| |
1 | (a) Through June 30, 2015, subject to the payment limitations in subsection (c), the | |
2 | maximum reimbursement rates to be paid by the departments of human services and children, youth | |
3 | and families for licensed childcare centers and licensed family childcare providers shall be based | |
4 | on the following schedule of the 75th percentile of the 2002 weekly market rates adjusted for the | |
5 | average of the 75th percentile of the 2002 and the 2004 weekly market rates: | |
6 | LICENSED CHILDCARE CENTERS 75th PERCENTILE OF WEEKLY | |
7 | MARKET RATE | |
8 | INFANT $182.00 | |
9 | PRESCHOOL $150.00 | |
10 | SCHOOL-AGE $135.00 | |
11 | LICENSED FAMILY CHILDCARE 75th PERCENTILE OF WEEKLY | |
12 | PROVIDERS MARKET RATE | |
13 | INFANT $150.00 | |
14 | PRESCHOOL $150.00 | |
15 | SCHOOL-AGE $135.00 | |
16 | Effective July 1, 2015, subject to the payment limitations in subsection (c), the maximum | |
17 | reimbursement rates to be paid by the departments of human services and children, youth and | |
18 | families for licensed childcare centers and licensed family childcare providers shall be based on the | |
19 | above schedule of the 75th percentile of the 2002 weekly market rates adjusted for the average of | |
20 | the 75th percentile of the 2002 and the 2004 weekly market rates. These rates shall be increased by | |
21 | ten dollars ($10.00) per week for infant/toddler care provided by licensed family childcare | |
22 | providers and license-exempt providers and then the rates for all providers for all age groups shall | |
23 | be increased by three percent (3%). For the fiscal year ending June 30, 2018, licensed childcare | |
24 | centers shall be reimbursed a maximum weekly rate of one hundred ninety-three dollars and sixty- | |
25 | four cents ($193.64) for infant/toddler care and one hundred sixty-one dollars and seventy-one | |
26 | cents ($161.71) for preschool-age children. | |
27 | (b) Effective July l, 2018, subject to the payment limitations in subsection (c), the | |
28 | maximum infant/toddler and preschool-age reimbursement rates to be paid by the departments of | |
29 | human services and children, youth and families for licensed childcare centers shall be | |
30 | implemented in a tiered manner, reflective of the quality rating the provider has achieved within | |
31 | the state's quality rating system outlined in § 42-12-23.1. | |
32 | (1) For infant/toddler child care, tier one shall be reimbursed two and one-half percent | |
33 | (2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above | |
34 | the FY 2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the FY | |
|
| |
1 | 2018 weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 weekly | |
2 | amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 weekly | |
3 | amount. | |
4 | (2) For preschool reimbursement rates, tier one shall be reimbursed two and one-half | |
5 | (2.5%) percent above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) | |
6 | above the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) above the FY | |
7 | 2018 weekly amount, tier four shall be reimbursed thirteen percent (13%) above the FY 2018 | |
8 | weekly amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY 2018 | |
9 | weekly amount. | |
10 | (c) [Deleted by P.L. 2019, ch. 88, art. 13, § 4.] | |
11 | (d) By June 30, 2004, and biennially through June 30, 2014, the department of labor and | |
12 | training shall conduct an independent survey or certify an independent survey of the then-current | |
13 | weekly market rates for child care in Rhode Island and shall forward the weekly market rate survey | |
14 | to the department of human services. The next survey shall be conducted by June 30, 2016, and | |
15 | triennially thereafter. The departments of human services and labor and training will jointly | |
16 | determine the survey criteria including, but not limited to, rate categories and sub-categories. | |
17 | (e) In order to expand the accessibility and availability of quality child care, the department | |
18 | of human services is authorized to establish, by regulation, alternative or incentive rates of | |
19 | reimbursement for quality enhancements, innovative or specialized child care, and alternative | |
20 | methodologies of childcare delivery, including nontraditional delivery systems and collaborations. | |
21 | (f) Effective January 1, 2007, all childcare providers have the option to be paid every two | |
22 | (2) weeks and have the option of automatic direct deposit and/or electronic funds transfer of | |
23 | reimbursement payments. | |
24 | (g) Effective July 1, 2019, the maximum infant/toddler reimbursement rates to be paid by | |
25 | the departments of human services and children, youth and families for licensed family childcare | |
26 | providers shall be implemented in a tiered manner, reflective of the quality rating the provider has | |
27 | achieved within the state's quality rating system outlined in § 42-12-23.1. Tier one shall be | |
28 | reimbursed two percent (2%) above the prevailing base rate for step 1 and step 2 providers, three | |
29 | percent (3%) above prevailing base rate for step 3 providers, and four percent (4%) above the | |
30 | prevailing base rate for step 4 providers; tier two shall be reimbursed five percent (5%) above the | |
31 | prevailing base rate; tier three shall be reimbursed eleven percent (11%) above the prevailing base | |
32 | rate; tier four shall be reimbursed fourteen percent (14%) above the prevailing base rate; and tier | |
33 | five shall be reimbursed twenty-three percent (23%) above the prevailing base rate. | |
34 | (h) Through December 31, 2021, the maximum reimbursement rates paid by the | |
|
| |
1 | departments of human services, and children, youth and families to licensed childcare centers shall | |
2 | be consistent with the enhanced emergency rates provided as of June 1, 2021 as follows: | |
3 | Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 | |
4 | Infant/Toddler $257.54 $257.54 $257.54 $257.54 $273.00 | |
5 | Pre-school Age $195.67 $195.67 $195.67 $195.67 $260.00 | |
6 | School Age $200.00 $200.00 $200.00 $200.00 $245.00 | |
7 | The maximum reimbursement rates paid by the departments of human services, and | |
8 | children, youth and families to licensed family childcare providers shall be consistent with the | |
9 | enhanced emergency rates provided as of June 1, 2021 as follows: | |
10 | Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 | |
11 | Infant/Toddler $224.43 $224.43 $224.43 $224.43 $224.43 | |
12 | Pre-school Age $171.45 $171.45 $171.45 $171.45 $171.45 | |
13 | School Age $162.30 $162.30 $162.30 $162.30 $162.30 | |
14 | (i) Effective January 1, 2022, the maximum reimbursement rates to be paid by the | |
15 | departments of human services and children, youth and families for licensed childcare centers shall | |
16 | be implemented in a tiered manner, reflective of the quality rating the provider has achieved within | |
17 | the state's quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be | |
18 | reimbursed as follows: | |
19 | LICENSED CHILDCARE | |
20 | CENTERS Tier One Tier Two Tier Three Tier Four Tier Five | |
21 | Infant/Toddler $236.36 $244.88 $257.15 $268.74 $284.39 | |
22 | Preschool $207.51 $212.27 $218.45 $223.50 $231.39 | |
23 | School-Age $180.38 $182.77 $185.17 $187.57 $189.97 | |
24 | The maximum reimbursement rates for licensed family childcare providers paid by the | |
25 | departments of human services, and children, youth and families is determined through collective | |
26 | bargaining. The maximum reimbursement rates for infant/toddler and preschool age children paid | |
27 | to licensed family childcare providers by both departments is implemented in a tiered manner that | |
28 | reflects the quality rating the provider has achieved in accordance with § 42-12-23.1. | |
29 | SECTION 8. Sections 42-56-20.2, 42-56-24 and 42-56-38 of the General Laws in Chapter | |
30 | 42-56 entitled "Corrections Department" are hereby amended to read as follows: | |
31 | 42-56-20.2. Community confinement. | |
32 | (a) Persons subject to this section. Every person who shall have been adjudged guilty of | |
33 | any crime after trial before a judge, a judge and jury, or before a single judge entertaining the | |
34 | person's plea of nolo contendere or guilty to an offense ("adjudged person"), and every person | |
|
| |
1 | sentenced to imprisonment in the adult correctional institutions ("sentenced person") including | |
2 | those sentenced or imprisoned for civil contempt, and every person awaiting trial at the adult | |
3 | correctional institutions ("detained person") who meets the criteria set forth in this section shall be | |
4 | subject to the terms of this section except: | |
5 | (1) Any person who is unable to demonstrate that a permanent place of residence ("eligible | |
6 | residence") within this state is available to that person; or | |
7 | (2) Any person who is unable to demonstrate that he or she will be regularly employed, or | |
8 | enrolled in an educational or vocational training program within this state, and within thirty (30) | |
9 | days following the institution of community confinement; or | |
10 | (3)(i) Any adjudged person or sentenced person or detained person who has been | |
11 | convicted, within the five (5) years next preceding the date of the offense for which he or she is | |
12 | currently so adjudged or sentenced or detained, of a violent felony. | |
13 | A "violent felony" as used in this section shall mean any one of the following crimes or an | |
14 | attempt to commit that crime: murder, manslaughter, sexual assault, mayhem, robbery, burglary, | |
15 | assault with a dangerous weapon, assault or battery involving serious bodily injury, arson, breaking | |
16 | and entering into a dwelling, child molestation, kidnapping, DWI resulting in death or serious | |
17 | injury, driving to endanger resulting in death or serious injury; or | |
18 | (ii) Any person currently adjudged guilty of or sentenced for or detained on any capital | |
19 | felony; or | |
20 | (iii) Any person currently adjudged guilty of or sentenced for or detained on a felony | |
21 | offense involving the use of force or violence against a person or persons. | |
22 | These shall include, but are not limited to, those offenses listed in subsection (a)(3)(i) of | |
23 | this section; or | |
24 | (iv) Any person currently adjudged guilty, sentenced, or detained for the sale, delivery, or | |
25 | possession with intent to deliver a controlled substance in violation of § 21-28-4.01(a)(4)(i) or | |
26 | possession of a certain enumerated quantity of a controlled substance in violation of §§ 21-28- | |
27 | 4.01.1 or 21-28-4.01.2; or | |
28 | (v) Any person currently adjudged guilty of, or sentenced for, or detained on an offense | |
29 | involving the illegal possession of a firearm. | |
30 | (b) Findings prior to sentencing to community confinement. In the case of adjudged | |
31 | persons, if the judge intends to impose a sentence of community confinement, he or she shall first | |
32 | make specific findings, based on evidence regarding the nature and circumstances of the offense | |
33 | and the personal history, character, record, and propensities of the defendant which are relevant to | |
34 | the sentencing determination, and these findings shall be placed on the record at the time of | |
|
| |
1 | sentencing. These findings shall include, but are not limited to: | |
2 | (1) A finding that the person does not demonstrate a pattern of behavior indicating a | |
3 | propensity for violent behavior; | |
4 | (2) A finding that the person meets each of the eligibility criteria set forth in subsection (a); | |
5 | (3) A finding that simple probation is not an appropriate sentence; | |
6 | (4) A finding that the interest of justice requires, for specific reasons, a sentence of non- | |
7 | institutional confinement; and | |
8 | (5) A finding that the person will not pose a risk to public safety if placed in community | |
9 | confinement. | |
10 | The facts supporting these findings shall be placed on the record and shall be subject to | |
11 | review on appeal. | |
12 | (c) Community confinement. | |
13 | (1) There shall be established within the department of corrections, a community | |
14 | confinement program to serve that number of adjudged persons, sentenced persons, and detainees, | |
15 | that the director of the department of corrections ("director") shall determine on or before July 1 of | |
16 | each year. Immediately upon that determination, the director shall notify the presiding justice of | |
17 | the superior court of the number of adjudged persons, sentenced persons, and detainees that can be | |
18 | accommodated in the community confinement program for the succeeding twelve (12) months. | |
19 | One-half (1/2) of all persons sentenced to community confinement shall be adjudged persons, and | |
20 | the balance shall be detainees and sentenced persons. The director shall provide to the presiding | |
21 | justice of the superior court and the family court on the first day of each month a report to set forth | |
22 | the number of adjudged persons, sentenced persons, and detainees participating in the community | |
23 | confinement program as of each reporting date. Notwithstanding any other provision of this section, | |
24 | if on April 1 of any fiscal year less than one-half (1/2) of all persons sentenced to community | |
25 | confinement shall be adjudged persons, then those available positions in the community | |
26 | confinement program may be filled by sentenced persons or detainees in accordance with the | |
27 | procedures set forth in subsection (c)(2) of this section. | |
28 | (2) In the case of inmates other than those classified to community confinement under | |
29 | subsection (h) of this section, the director may make written application ("application") to the | |
30 | sentencing judge for an order ("order") directing that a sentenced person or detainee be confined | |
31 | within an eligible residence for a period of time, which in the case of a sentenced person, shall not | |
32 | exceed the term of imprisonment. This application and order shall contain a recommendation for a | |
33 | program of supervision and shall contain the findings set forth in subsections (b)(1), (b)(2), (b)(3), | |
34 | (b)(4), and (b)(5) of this section and facts supporting these findings. The application and order may | |
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| |
1 | contain a recommendation for the use of electronic surveillance or monitoring devices. The hearing | |
2 | on this application shall be held within ten (10) business days following the filing of this | |
3 | application. If the sentencing judge is unavailable to hear and consider the application the presiding | |
4 | justice of the superior court shall designate another judge to do so. | |
5 | (3) In lieu of any sentence that may be otherwise imposed upon any person subject to this | |
6 | section, the sentencing judge may cause an adjudged person to be confined within an eligible | |
7 | residence for a period of time not to exceed the term of imprisonment otherwise authorized by the | |
8 | statute the adjudged person has been adjudged guilty of violating. | |
9 | (4) With authorization by the sentencing judge, or, in the case of sentenced persons | |
10 | classified to community confinement under subsection (h) of this section by the director of | |
11 | corrections, or in accordance with the order, persons confined under the provisions of this chapter | |
12 | may be permitted to exit the eligible residence in order to travel directly to and from their place of | |
13 | employment or education or training and may be confined in other terms or conditions consistent | |
14 | with the basic needs of that person that justice may demand, including the right to exit the eligible | |
15 | residence to which that person is confined for certain enumerated purposes such as religious | |
16 | observation, medical and dental treatment, participation in an education or vocational training | |
17 | program, and counseling, all as set forth in the order. | |
18 | (d) Administration. | |
19 | (1) Community confinement. The supervision of persons confined under the provisions of | |
20 | this chapter shall be conducted by the director, or his or her designee. | |
21 | (2) Intense surveillance. The application and order shall prescribe a program of intense | |
22 | surveillance and supervision by the department of corrections. Persons confined under the | |
23 | provisions of this section shall be subject to searches of their persons or of their property when | |
24 | deemed necessary by the director, or his or her designee, in order to ensure the safety of the | |
25 | community, supervisory personnel, the safety and welfare of that person, and/or to ensure | |
26 | compliance with the terms of that person's program of community confinement; provided, however, | |
27 | that no surveillance, monitoring or search shall be done at manifestly unreasonable times or places | |
28 | nor in a manner or by means that would be manifestly unreasonable under the circumstances then | |
29 | present. | |
30 | (3) The use of any electronic surveillance or monitoring device which is affixed to the body | |
31 | of the person subject to supervision is expressly prohibited unless set forth in the application and | |
32 | order or, in the case of sentenced persons classified to community confinement under subsection | |
33 | (h), otherwise authorized by the director of corrections. | |
34 | (4) Regulatory authority. The director shall have full power and authority to enforce any | |
|
| |
1 | of the provisions of this section by regulation, subject to the provisions of the Administrative | |
2 | Procedures Act, chapter 35 of title 42. Notwithstanding any provision to the contrary, the | |
3 | department of corrections may contract with private agencies to carry out the provisions of this | |
4 | section. The civil liability of those agencies and their employees, acting within the scope of their | |
5 | employment, and carrying out the provisions of this section, shall be limited in the same manner | |
6 | and dollar amount as if they were agencies or employees of the state. | |
7 | (e) Violations. Any person confined pursuant to the provisions of this section, who is found | |
8 | to be a violator of any of the terms and conditions imposed upon him or her according to the order, | |
9 | or in the case of sentenced persons classified to community confinement under subsection (h), | |
10 | otherwise authorized by the director of corrections, this section, or any rules, regulations, or | |
11 | restrictions issued pursuant hereto shall serve the balance of his or her sentence in a classification | |
12 | deemed appropriate by the director. If that conduct constitutes a violation of § 11-25-2, the person, | |
13 | upon conviction, shall be subject to an additional term of imprisonment of not less than one year | |
14 | and not more than twenty (20) years. However, it shall be a defense to any alleged violation that | |
15 | the person was at the time of the violation acting out of a necessary response to an emergency | |
16 | situation. An "emergency situation" shall be construed to mean the avoidance by the defendant of | |
17 | death or of substantial personal injury, as defined above, to him or herself or to others. | |
18 | (f) Costs. Each person confined according to this section shall reimburse the state for the | |
19 | costs or a reasonable portion thereof incurred by the state relating to the community confinement | |
20 | of those persons. Costs shall be initially imposed by the sentencing judge or in the order and shall | |
21 | be assessed by the director prior to the expiration of that person's sentence. Once assessed, those | |
22 | costs shall become a lawful debt due and owing to the state by that person. Monies received under | |
23 | this section shall be deposited as general funds. | |
24 | (g) Severability. Every word, phrase, clause, section, subsection, and any of the provisions | |
25 | of this section are hereby declared to be severable from the whole, and a declaration of | |
26 | unenforceability or unconstitutionality of any portion of this section, by a judicial court of | |
27 | competent jurisdiction, shall not affect the portions remaining. | |
28 | (h) Sentenced persons approaching release. Notwithstanding the provisions set forth within | |
29 | this section, any sentenced person committed under the direct care, custody, and control of the adult | |
30 | correctional institutions, who is within six (6) months one (1) year of the projected good time | |
31 | release date, provided that the person shall have completed at least one-half (1/2) of the full term | |
32 | of incarceration, or any person who is sentenced to a term of six (6) months or less of incarceration, | |
33 | provided that the person shall have completed at least three-fourths (3/4) one-half (1/2) of the term | |
34 | of incarceration, may in the discretion of the director of corrections be classified to community | |
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| |
1 | confinement. This provision shall not apply to any person whose current sentence was imposed | |
2 | upon conviction of murder, first degree sexual assault or first degree child molestation. | |
3 | (i) Notification to police departments. The director, or his or her designee, shall notify the | |
4 | appropriate police department when a sentenced, adjudged or detained person has been placed into | |
5 | community confinement within that department's jurisdiction. That notice will include the nature | |
6 | of the offense and the express terms and conditions of that person's confinement. That notice shall | |
7 | also be given to the appropriate police department when a person in community confinement within | |
8 | that department's jurisdiction is placed in escape status. | |
9 | (j) No incarceration credit for persons awaiting trial. No detainee shall be given | |
10 | incarceration credit by the director for time spent in community confinement while awaiting trial. | |
11 | (k) No confinement in college or university housing facilities. Notwithstanding any | |
12 | provision of the general laws to the contrary, no person eligible for community confinement shall | |
13 | be placed in any college or university housing facility, including, but not limited to, dormitories, | |
14 | fraternities or sororities. College or university housing facilities shall not be considered an "eligible | |
15 | residence" for "community confinement." | |
16 | (l) A sentencing judge shall have authority to waive overnight stay or incarceration at the | |
17 | adult correctional institution after the sentencing of community confinement. Such a waiver shall | |
18 | be binding upon the adult correctional institution and the staff thereof, including, but not limited to | |
19 | the community confinement program. | |
20 | 42-56-24. Earned time for good behavior or program participation or completion. | |
21 | (a) A person serving a sentence of a violation of §§ 11-5-1 (where the specified felony is | |
22 | murder), 11-23-1, 11-26-1.4, 11-37-2, 11-37-8.1 or 11-37-8.3 shall not be eligible to earn time off | |
23 | their term or terms of incarceration for good behavior. | |
24 | (b) The director, or his or her designee, shall keep a record of the conduct of each prisoner, | |
25 | and for each month that a prisoner who has been sentenced to imprisonment for six (6) months or | |
26 | more and not under sentence to imprisonment for life, appears by the record to have faithfully | |
27 | observed all the rules and requirements of the institutions and not to have been subjected to | |
28 | discipline, and is serving a sentence imposed for violation of sexual offenses under §§ 11-37-4, 11- | |
29 | 37-6, 11-37-8 or 11-9-1.3 there shall, with the consent of the director of the department of | |
30 | corrections, or his or her designee, upon recommendation to him or her by the assistant director of | |
31 | institutions/operations, be deducted from the term or terms of sentence of that prisoner the same | |
32 | number of days that there are years in the term of his or her sentence; provided, that when the | |
33 | sentence is for a longer term than ten (10) years, only ten (10) days shall be deducted for one | |
34 | month's good behavior; and provided, further, that in the case of sentences of at least six (6) months | |
|
| |
1 | and less than one year, one day per month shall be deducted. | |
2 | For the purposes of this subsection computing the number of days to be deducted for good | |
3 | behavior, consecutive sentences shall be counted as a whole sentence. This subsection recognizes | |
4 | the serious nature of sex offenses; promotes community safety and protection of the public; and | |
5 | maintains the ability of the department of corrections to oversee the rehabilitation and supervision | |
6 | of sex offenders. | |
7 | (c) For all prisoners serving sentences of more than one month, and not serving a sentence | |
8 | of imprisonment for life or a sentence imposed for a violation of the offenses identified in | |
9 | subsection (a) or (b) the director, or his or her designee, shall keep a record of the conduct of each | |
10 | prisoner, and for each month that prisoner has faithfully observed all the rules and requirements of | |
11 | the institutions and has not been subjected to discipline, there shall, with the consent of the director | |
12 | of the department of corrections or his or her designee and upon recommendation by the assistant | |
13 | director of institutions/operations, be deducted from the term or terms of sentence of that prisoner | |
14 | ten (10) days for each month's good behavior. | |
15 | (d) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct, as | |
16 | determined by the assistant director, institutions/operations, subject to the authority of the director, | |
17 | there shall be deducted one day from the time he or she shall have gained for good conduct. | |
18 | (e) The assistant director, or his or her designee, subject to the authority of the director, | |
19 | shall have the power to restore lost good conduct time in whole or in part upon a showing by the | |
20 | prisoner of subsequent good behavior and disposition to reform. | |
21 | (f) For each month that a prisoner who has been sentenced to imprisonment for more than | |
22 | one month and not under sentence to imprisonment for life who has faithfully engaged in | |
23 | institutional industries there shall, with the consent of the director, upon the recommendations to | |
24 | him or her by the assistant director, institutions/operations, be deducted from the term or terms of | |
25 | the prisoner an additional two (2) days a month. | |
26 | (g) Except those prisoners serving a sentence imposed for violation of subsection (a) or (b), | |
27 | for each month that a prisoner who has been sentenced to imprisonment for more than one month | |
28 | and not under sentence to imprisonment for life has participated faithfully in programs that have | |
29 | been determined by the director or his/her designee to address that prisoner's individual needs that | |
30 | are related to his/her criminal behavior, there may, with the consent of the director and upon the | |
31 | recommendation of the assistant director, rehabilitative services, be deducted from the term or | |
32 | terms of the prisoner up to an additional five (5) days a month. Furthermore, whenever the prisoner | |
33 | has successfully completed such program, they may; with the consent of the director and upon the | |
34 | recommendation by the assistant director, rehabilitative services, be deducted from the term or | |
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| |
1 | terms of the prisoner up to an additional thirty (30) days. | |
2 | (h) A person who is serving a term or terms of a probation sentence of one year or | |
3 | longer, including a person who has served a term of incarceration followed by a probation | |
4 | sentence, except those serving a term of probation for a sentence in violation of §§ 11-5-1 (where | |
5 | the specified felony is murder or sexual assault), 11-23-1, 11-26-1.4, 11-37-2, 11-37-8.1 or 11-37- | |
6 | 8.3 shall upon serving three years of their probation sentence be eligible to earn time off their term | |
7 | or terms of the probation sentence for compliance with court-ordered terms and conditions of | |
8 | probation. Calculation of these credits shall commence upon the probationer's completion | |
9 | of all terms of incarceration. | |
10 | (i) The director, or his or her designee, shall keep a record of the conduct of each | |
11 | probationer. For each month that the probationer has not had a judicial finding of a violation of | |
12 | conditions of probation, there shall, with the consent of the director of the department of | |
13 | corrections, or designee, upon recommendation of the assistant director of | |
14 | institutions/operations, or designee, be deducted from the term or terms of the probationer's | |
15 | sentence (10) ten days for each month's compliance with the terms and conditions of their | |
16 | probation. | |
17 | (ii) For each month that a violation of probation is pending the probationer shall not be | |
18 | eligible to earn probation compliance credits. In the event there is a judicial determination that the | |
19 | probationer did not violate his or her terms and conditions of probation, credit will be awarded | |
20 | retroactive to the date of the filing of the probation violation. In the event there is a judicial | |
21 | determination that the probationer did violate his or her terms and conditions of | |
22 | probation, the probationer shall not be awarded compliance credits for the time during which the | |
23 | violation was pending, and further, the court may order revocation of prior | |
24 | earned compliance credits. | |
25 | (iii) The probation department of the department of corrections shall keep a record of the | |
26 | probationer's sentence to include the person's end of sentence date based on earned credits for | |
27 | compliance with their terms and conditions of probation. | |
28 | (iv) This section shall apply to all individuals sentenced to probation, including those | |
29 | sentenced prior to enactment of the statute. However, the award of probation compliance | |
30 | credits shall be prospective only from the date of enactment of the statute. | |
31 | 42-56-38. Assessment of costs. | |
32 | (a) Each sentenced offender committed to the care, custody or control of the department of | |
33 | corrections shall reimburse the state for the cost or the reasonable portion of the cost incurred by | |
34 | the state relating to that commitment; provided, however, that a person committed, awaiting trial | |
|
| |
1 | and not convicted, shall not be liable for the reimbursement. Items of cost shall include physical | |
2 | services and commodities such as food, medical, clothing and specialized housing, as well as social | |
3 | services such as specialized supervision and counseling. Costs shall be assessed by the director of | |
4 | corrections, or his or her designee, based upon each person's ability to pay, following a public | |
5 | hearing of proposed fee schedules. Each offender's family income and number of dependents shall | |
6 | be among the factors taken into consideration when determining ability to pay. Moneys received | |
7 | under this section shall be deposited as general revenues. The director shall promulgate rules and | |
8 | regulations necessary to carry out the provisions of this section. The rules and regulations shall | |
9 | provide that the financial situation of persons, financially dependent on the person, be considered | |
10 | prior to the determination of the amount of reimbursement. This section shall not be effective until | |
11 | the date the rules and regulations are filed with the office of the secretary of state. | |
12 | (b) Notwithstanding the provision of subsection (a), or any rule or regulation promulgated | |
13 | by the director, any sentenced offender who is ordered or directed to the work release program, | |
14 | shall pay no less than thirty percent (30%) of his or her gross net salary for room and board. | |
15 | SECTION 9. This article shall take effect upon passage. | |
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