2023 -- H 5149 | |
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LC000383 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
____________ | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- HOMICIDE | |
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Introduced By: Representatives Edwards, Knight, Craven, Kazarian, Casimiro, Kislak, | |
Date Introduced: January 18, 2023 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 11-23-2 and 11-23-2.1 of the General Laws in Chapter 11-23 entitled |
2 | "Homicide" are hereby amended to read as follows: |
3 | 11-23-2. Penalties for murder. |
4 | Every person guilty of murder in the first degree shall be imprisoned for life. Every person |
5 | guilty of murder in the first degree: (1) committed intentionally while engaged in the commission |
6 | of another capital offense or other felony for which life imprisonment may be imposed; (2) |
7 | committed in a manner creating a great risk of death to more than one person by means of a weapon |
8 | or device or substance which would normally be hazardous to the life of more than one person; (3) |
9 | committed at the direction of another person in return for money or any other thing of monetary |
10 | value from that person; (4) committed in a manner involving torture or an aggravated battery to the |
11 | victim; (5) committed against any member of the judiciary, law enforcement officer, corrections |
12 | employee, assistant attorney general or special assistant attorney general, or firefighter arising from |
13 | the lawful performance of his or her official duties; (6) committed by a person who at the time of |
14 | the murder was committed to confinement in the adult correctional institutions or the state |
15 | reformatory for women upon conviction of a felony; or (7) committed during the course of the |
16 | perpetration or attempted perpetration of felony manufacture, sale, delivery or other distribution of |
17 | a controlled substance otherwise prohibited by the provisions of chapter 28 of title 21; shall be |
18 | imprisoned for life and if ordered by the court pursuant to chapter 19.2 of title 12 that person shall |
19 | not be eligible for parole from imprisonment. Every person guilty of murder in the second degree |
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1 | shall be imprisoned for not less than ten (10) years and may be imprisoned for life. |
2 | 11-23-2.1. Penalty for murder of a kidnapped person under the age of eighteen (18). |
3 | If any person under the age of eighteen (18) who is kidnapped in violation of § 11-26-1 by |
4 | a person other than his or her natural or adopted parent dies as a direct result of the kidnapping, |
5 | then the person convicted of the offense shall be guilty of murder in the first degree and shall be |
6 | punished by imprisonment for life, and the court may, pursuant to chapter 19.2 of title 12, order |
7 | that that person not be eligible for parole. |
8 | SECTION 2. Section 11-39-2 of the General Laws in Chapter 11-39 entitled "Robbery" is |
9 | hereby amended to read as follows: |
10 | 11-39-2. Robbery of the owner, lessor, or occupant of a motor vehicle. |
11 | (a) Every person who shall unlawfully seize a motor vehicle from its lawful owner, lessor, |
12 | or occupant by use or threat of use of a dangerous weapon against the owner, lessor, or occupant |
13 | resulting in serious bodily injury, as defined in § 11-5-10.2, shall be guilty of first degree robbery |
14 | and shall be imprisoned for not less than ten (10) years and may be imprisoned for life, or fined not |
15 | more than fifteen thousand dollars ($15,000), or both. In all such cases, the justice imposing |
16 | sentence shall impose a minimum sentence of ten (10) years imprisonment and may only impose a |
17 | sentence less than the minimum if he or she finds that substantial and compelling circumstances |
18 | exist which justify imposition of the alternative sentence. That finding may be based upon the |
19 | character and background of the defendant, the cooperation of the defendant with law enforcement |
20 | authorities, the nature and circumstances of the offense, and/or the nature and quality of the |
21 | evidence presented at trial. If a sentence which is less than imprisonment for a term of ten (10) |
22 | years is imposed, the trial justice shall set forth on the record the circumstances which he or she |
23 | found as justification for imposition of the lesser sentence. A person sentenced to prison for |
24 | violation of this subsection shall not be eligible for parole until at least one-half (½) of the sentence |
25 | has been served in prison. |
26 | (b) Every person who shall unlawfully seize a motor vehicle from its lawful owner, lessor, |
27 | or occupant by force or threat of force against the owner, lessor, or occupant shall be guilty of |
28 | second degree robbery and shall be imprisoned for not less than five (5) years nor more than thirty |
29 | (30) years, or fined not more than ten thousand dollars ($10,000), or both. |
30 | (c) Every person who shall commit robbery of a motor vehicle by seizing it from its lawful |
31 | owner, lessor, or occupant under the circumstances set forth in subsection (a) or (b) of this section, |
32 | resulting in the death of the owner, lessor or occupant, shall be guilty of first degree murder and |
33 | shall be sentenced to life imprisonment, and may be sentenced to life imprisonment without parole |
34 | if ordered by the court pursuant to chapter 19.2 of title 12. A person sentenced to life imprisonment |
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1 | for violation of this subsection shall not be eligible for parole until at least twenty (20) years of the |
2 | sentence has been served in prison. |
3 | SECTION 3. Section 11-47-3.2 of the General Laws in Chapter 11-47 entitled "Weapons" |
4 | is hereby amended to read as follows: |
5 | 11-47-3.2. Using a firearm when committing a crime of violence. |
6 | (a) No person shall use a firearm while committing or attempting to commit a crime of |
7 | violence. Every person violating the provisions of this section shall be punished: (1) for the first |
8 | offense by imprisonment for ten (10) years; however, if the violation was committed by use of a |
9 | machine gun as defined in § 11-47-2(10), the term of imprisonment shall be thirty (30) years; (2) |
10 | for a second conviction under this section by imprisonment for twenty (20) years; however, if the |
11 | violation was committed by use of a machine gun as defined in § 11-47-2(10), the term of |
12 | imprisonment shall be life; and (3) for a third or subsequent conviction, the person shall be |
13 | sentenced to life, or life without the possibility of parole by the sentencing judge after consideration |
14 | of aggravating and mitigating circumstances contained in §§ 12-19.2-3 and 12-19.2-4. Any |
15 | sentence imposed upon a person pursuant to this section shall be imposed consecutively to and not |
16 | concurrently with any sentence imposed for the underlying crime or attempted crime, and the |
17 | person shall not be afforded the benefits of deferment of sentence or parole; provided, that unless |
18 | sentenced to life without the possibility of parole pursuant to subdivision (3) of this subsection, a |
19 | person sentenced to life under this section may be granted parole. |
20 | (b) Every person who, while committing an offense violating subsection (a) of this section, |
21 | discharges a firearm shall be guilty of a felony and be imprisoned as follows: |
22 | (1) Ten (10) years, if no injury to any other person results from the discharge; |
23 | (2) Twenty (20) years, if a person other than a police officer is injured by the discharge of |
24 | the firearm, or if a police officer who is engaged in the performance of his or her duty is deliberately |
25 | endangered by the person’s discharge of the firearm; |
26 | (3) Life, if a police officer who is engaged in the performance of his or her duty is injured |
27 | by the discharge of the firearm; and |
28 | (4) Life, if the death or permanent incapacity of any person (other than the person |
29 | convicted) results from the discharge of the firearm; provided that, involuntary manslaughter shall |
30 | not be considered a “crime of violence” for the purpose of subdivision (b)(4) only. |
31 | (c) The penalties defined in subsection (b) of this section shall run consecutively, and not |
32 | concurrently, to any other sentence imposed and, notwithstanding the provisions of chapter 8 of |
33 | title 13, the person shall not be afforded the benefits of deferment of sentence or parole; provided, |
34 | that a person sentenced to life under subdivision (b)(3) or (b)(4) of this section may be granted |
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1 | parole. |
2 | SECTION 4. Chapter 12-19.2 of the General Laws entitled "Sentencing to Life |
3 | Imprisonment Without Parole" is hereby repealed in its entirety. |
4 | CHAPTER 12-19.2 |
5 | Sentencing to Life Imprisonment Without Parole |
6 | 12-19.2-1. Sentencing procedures — Trial by jury. |
7 | In all cases tried by a jury in which the penalty of life imprisonment without parole may be |
8 | imposed pursuant to § 11-23-2 or 11-23-2.1, and in which the attorney general has recommended |
9 | to the court in writing within twenty (20) days of the date of the arraignment that such a sentence |
10 | be imposed, the court shall, upon return of a verdict of guilty of murder in the first degree by the |
11 | jury, instruct the jury to determine whether it has been proven beyond a reasonable doubt that the |
12 | murder committed by the defendant involved one of the circumstances enumerated in § 11-23-2 or |
13 | 11-23-2.1 as the basis for imposition of a sentence of life imprisonment without parole. If after |
14 | deliberation the jury finds that one or more of the enumerated circumstances was present, it shall |
15 | state in writing, signed by the foreperson of the jury, which circumstance or circumstances it found |
16 | beyond a reasonable doubt. Upon return of an affirmative verdict, the court shall conduct a |
17 | presentence hearing. At the hearing, the court shall permit the attorney general and the defense to |
18 | present additional evidence relevant to a determination of the sentence to be imposed as provided |
19 | for in § 12-19.2-4. After hearing evidence and argument relating to the presence or absence of |
20 | aggravating and mitigating factors, the court shall, in its discretion, sentence the defendant to either |
21 | life imprisonment without parole or life imprisonment. If the trial court is reversed on appeal |
22 | because of error only in the presentence hearing, the new proceedings before the trial court which |
23 | may be ordered shall pertain only to the issue of sentencing. |
24 | 12-19.2-2. Sentencing procedures — Trial by judge sitting without a jury. |
25 | In all cases tried by a judge sitting without a jury in which the penalty of life imprisonment |
26 | without parole may be imposed pursuant to § 11-23-2 or 11-23-2.1, and in which the attorney |
27 | general has recommended to the court in writing within twenty (20) days of the date of the |
28 | arraignment that such a sentence be imposed, the court shall, if the court finds the defendant guilty |
29 | of murder in the first degree, also render a finding as to whether it has been proven beyond a |
30 | reasonable doubt that the murder committed by the defendant involved one of the circumstances |
31 | enumerated in § 11-23-2 or 11-23-2.1 as the basis for imposition of a sentence of life imprisonment |
32 | without parole. If the court finds that one or more of the enumerated circumstances was present, it |
33 | shall state on the record which circumstance or circumstances it found beyond a reasonable doubt. |
34 | Upon an affirmative finding by the court, it shall conduct a presentence hearing. At the hearing, the |
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1 | court shall permit the attorney general and the defense to present additional evidence relevant to a |
2 | determination of the sentence to be imposed as provided for in § 12-19.2-4. After hearing evidence |
3 | and argument relating to the presence or absence of aggravating and mitigating factors, the court |
4 | shall, in its discretion, sentence the defendant to either life imprisonment without parole or life |
5 | imprisonment. If the trial court is reversed on appeal because of error only in the presentence |
6 | hearing, the new proceedings before the trial court which may be ordered shall pertain only to the |
7 | issue of sentencing. |
8 | 12-19.2-3. Sentencing procedures — Plea of guilty. |
9 | In all cases in which the defendant pleads guilty or nolo contendere to an offense for which |
10 | the penalty of life imprisonment without parole may be imposed pursuant to § 11-23-2 or 11-23- |
11 | 2.1, and in which the attorney general has recommended to the court in writing within twenty (20) |
12 | days of the date of the arraignment that such a sentence be imposed, the court shall conduct a |
13 | presentence hearing. At the hearing, the court shall permit the attorney general and the defense to |
14 | present additional evidence relevant to a determination of the sentence to be imposed as provided |
15 | for in § 12-19.2-4. After hearing evidence and argument relating to the presence or absence of |
16 | aggravating and mitigating factors, the court shall, in its discretion, sentence the defendant to either |
17 | life imprisonment without parole or life imprisonment. If the trial court is reversed on appeal |
18 | because of error only in the presentence hearing, the new proceedings before the trial court which |
19 | may be ordered shall pertain only to the issue of sentencing. |
20 | 12-19.2-4. Consideration of aggravating and mitigating circumstances. |
21 | At the presentence hearing, following a finding that one or more of the circumstances |
22 | enumerated in § 11-23-2 or 11-23-2.1 as the basis for imposition of a sentence of life imprisonment |
23 | without parole was involved in the first degree murder of which the defendant has been convicted, |
24 | the court shall consider evidence regarding the nature and circumstances of the offense and the |
25 | personal history, character, record, and propensities of the defendant which are relevant to the |
26 | sentencing determination. After hearing evidence and argument regarding the aggravating and |
27 | mitigating circumstances relating to the offense and the defendant, the court shall, in its discretion, |
28 | sentence the defendant to life imprisonment without parole or to life imprisonment. The court shall |
29 | state on the record its reasons for imposing its sentence. |
30 | 12-19.2-5. Review of life sentence without parole. |
31 | The defendant shall have the right to appeal a sentence of life imprisonment without parole |
32 | to the supreme court of the state in accordance with the applicable rules of court. In considering an |
33 | appeal of a sentence, the court, after review of the transcript of the proceedings below, may, in its |
34 | discretion, ratify the imposition of the sentence of life imprisonment without parole or may reduce |
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1 | the sentence to life imprisonment. |
2 | 12-19.2-6. Work release and furlough programs — Prohibited. |
3 | A person serving a sentence of life imprisonment without parole shall not be eligible for |
4 | participation in the work release program as set forth in § 42-56-21, the furlough program as set |
5 | forth in § 42-56-18, or any other program which allows a prisoner to be released from the |
6 | confinement of the prison facility to which the prisoner has been assigned. |
7 | SECTION 5. Section 13-8-13 of the General Laws in Chapter 13-8 entitled "Parole" is |
8 | hereby amended to read as follows: |
9 | 13-8-13. Life prisoners and prisoners with lengthy sentences. |
10 | (a) In the case of a prisoner sentenced to imprisonment for life, a parole permit may be |
11 | issued at any time after the prisoner has served not less than ten (10) years’ imprisonment; provided |
12 | that: |
13 | (1) In the case of a prisoner serving a sentence or sentences of a length making him or her |
14 | ineligible for a permit in less than ten (10) years, pursuant to §§ 13-8-9 and 13-8-10, the permit |
15 | may be issued at any time after the prisoner has served not less than ten (10) years’ imprisonment; |
16 | (2) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree |
17 | murder committed after July 10, 1989, the permit may be issued only after the prisoner has served |
18 | not less than fifteen (15) years’ imprisonment; |
19 | (3) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree |
20 | murder committed after June 30, 1995, the permit may be issued only after the prisoner has served |
21 | not less than twenty (20) years’ imprisonment; |
22 | (4) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree |
23 | murder committed after July 1, 2015, the permit may be issued only after the prisoner has served |
24 | not less than twenty-five (25) years’ imprisonment; and |
25 | (5) In the case of a prisoner sentenced to imprisonment for life for a crime, other than first- |
26 | or second-degree murder, committed after July 1, 2015, the permit may be issued only after the |
27 | prisoner has served not less than twenty (20) years’ imprisonment. |
28 | (b) The permit shall be issued only by a unanimous vote of all the attending members of |
29 | the board; provided that not less than four (4) members are present, and whenever, after the issue |
30 | of the permit, the prisoner shall be pardoned, then the control of the board over the prisoner shall |
31 | cease and terminate. |
32 | (c)(1) In the case of a prisoner sentenced to imprisonment for life who is convicted of |
33 | escape or attempted escape from the lawful custody of the warden of the adult correctional |
34 | institutions, the permit may be issued only after the prisoner has served not less than twenty-five |
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1 | (25) years’ imprisonment; provided, however, that as to a prisoner who has been sentenced to |
2 | imprisonment for life for a conviction of first- or second-degree murder, committed after July 1, |
3 | 2015, and who is convicted thereafter of escape or attempted escape from the lawful custody of the |
4 | warden of the adult correctional institutions, the permit may be issued only after the prisoner has |
5 | served not less than thirty-five (35) years’ imprisonment; and |
6 | (2) For each subsequent conviction of escape or attempted escape, an additional five (5) |
7 | years shall be added to the time required to be served. |
8 | (d) In the case of a prisoner sentenced consecutively to more than one life term for crimes |
9 | occurring after May 7, 1981, the permit may be issued only after the prisoner has served not less |
10 | than ten (10) years consecutively on each life sentence; provided, in the case of a prisoner sentenced |
11 | consecutively to more than one life term for crimes occurring after June 30, 1995, the permit may |
12 | be issued only after the prisoner has served not less than fifteen (15) years consecutively on each |
13 | life sentence. In the case of a prisoner sentenced consecutively to more than one life term for crimes |
14 | occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less |
15 | than twenty (20) years consecutively on each life sentence. In the case of a prisoner sentenced |
16 | consecutively to more than one life term for crimes, including first- or second-degree murder, |
17 | occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less |
18 | than twenty-five (25) years consecutively on each life sentence. |
19 | (e) Any person sentenced for any offense committed prior to his or her twenty-second |
20 | birthday, other than a person serving life without parole, shall be eligible for parole review and a |
21 | parole permit may be issued after the person has served no fewer than twenty (20) years’ |
22 | imprisonment unless the person is entitled to earlier parole eligibility pursuant to any other |
23 | provisions of law. This subsection shall be given prospective and retroactive effect for all offenses |
24 | occurring on or after January 1, 1991. |
25 | SECTION 6. Sections 13-8.1-2 and 13-8.1-4 of the General Laws in Chapter 13-8.1 entitled |
26 | "Medical and Geriatric Parole" are hereby amended to read as follows: |
27 | 13-8.1-2. Purpose. |
28 | (a) Medical parole is made available for humanitarian reasons and to alleviate exorbitant |
29 | medical expenses associated with inmates whose chronic and incurable illness render their |
30 | incarceration non-punitive and non-rehabilitative. Notwithstanding other statutory or |
31 | administrative provisions to the contrary, all prisoners, except those serving life without parole, |
32 | shall at any time after they begin serving their sentences be eligible for medical parole |
33 | consideration, regardless of the crime committed or the sentence imposed. |
34 | (b) Geriatric parole is made available for humanitarian reasons and to alleviate exorbitant |
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1 | expenses associated with the cost of aging, for inmates whose advanced age reduces the risk that |
2 | they pose to the public safety. Notwithstanding other statutory or administrative provisions to the |
3 | contrary, all prisoners except those serving life without parole shall be eligible for geriatric parole |
4 | consideration upon meeting the criteria set forth below, regardless of the crime committed or the |
5 | sentence imposed. |
6 | 13-8.1-4. Procedure. |
7 | (a) The parole board is authorized to grant medical parole release of a prisoner, except a |
8 | prisoner serving life without parole, at any time, who is determined to be terminally ill, severely |
9 | ill, or permanently physically or cognitively incapacitated within the meaning of § 13-8.1-3(2)-(5). |
10 | (b) The parole board is authorized to grant geriatric parole release of a prisoner, except a |
11 | prisoner serving life without parole, who is an aging prisoner within the meaning of § 13-8.1-3(1) |
12 | or under medical parole as outlined by § 13-8.1-2. |
13 | (c) In order to apply for this relief, the prisoner or his or her family member or friend, with |
14 | an attending physician’s written approval, or an attending physician, on behalf of the prisoner, shall |
15 | file an application with the director of the department of corrections. Within seventy-two (72) hours |
16 | after the filing of any application, the director shall refer the application to the health service unit |
17 | of the department of corrections for a medical report and a medical or geriatric discharge plan to |
18 | be completed within ten (10) days. Upon receipt of the discharge plan, the director of the |
19 | department of corrections shall immediately transfer the discharge plan, together with the |
20 | application, to the parole board for its consideration and decision. |
21 | (d) The report shall contain, at a minimum, the following information: |
22 | (1) Diagnosis of the prisoner’s medical conditions, including related medical history; |
23 | (2) Detailed description of the conditions and treatments; |
24 | (3) Prognosis, including life expectancy, likelihood of recovery, likelihood of |
25 | improvement, mobility and trajectory, and rate of debilitation; |
26 | (4) Degree of incapacity or disability, including an assessment of whether the prisoner is |
27 | ambulatory, capable of engaging in any substantial physical activity, ability to independently |
28 | provide for their daily life activities, and the extent of that activity; and |
29 | (5) An opinion from the medical director as to whether the person is terminally ill, and if |
30 | so, the stage of the illness, or whether the person is permanently physically or cognitively |
31 | incapacitated, severely ill, or an aging prisoner. If the medical director’s opinion is that the person |
32 | is not terminally ill, permanently, physically or cognitively incapacitated, severely ill, or an aging |
33 | prisoner as defined in § 13-8.1-3, the petition for medical or geriatric parole shall not be forwarded |
34 | to the parole board. |
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1 | (6) [Deleted by P.L. 2021, ch. 162, art. 13, § 4.] |
2 | (e) When the director of corrections refers a prisoner to the parole board for medical or |
3 | geriatric parole, the director shall provide to the parole board a medical or geriatric discharge plan |
4 | that is acceptable to the parole board. |
5 | (f) The department of corrections and the parole board shall jointly develop standards for |
6 | the medical or geriatric discharge plan that are appropriately adapted to the criminal justice setting. |
7 | The discharge plan should ensure at the minimum that: |
8 | (1) An appropriate placement for the prisoner has been secured, including, but not limited |
9 | to: a hospital, nursing facility, hospice, or family home; |
10 | (2) A referral has been made for the prisoner to secure a source for payment of the |
11 | prisoner’s medical expenses; and |
12 | (3) A parole officer has been assigned to periodically obtain updates on the prisoner’s |
13 | medical condition to report back to the board. |
14 | (g) If the parole board finds from the credible medical evidence that the prisoner is |
15 | terminally ill, permanently physically or cognitively incapacitated, severely ill, or an aging |
16 | prisoner, the board shall grant release to the prisoner but only after the board also considers whether, |
17 | in light of the prisoner’s medical condition, there is a reasonable probability that the prisoner, if |
18 | released, will live and remain at liberty without violating the law, and that the release is compatible |
19 | with the welfare of society and will not so depreciate the seriousness of the crime as to undermine |
20 | respect for the law. Notwithstanding any other provision of law, medical or geriatric release may |
21 | be granted at any time during the term of a prisoner’s sentence. |
22 | (h) There shall be a presumption that the opinion of the physician and/or medical director |
23 | will be accepted. However, the applicant, the physician, the director, or the parole board may |
24 | request an independent medical evaluation within seven (7) days after the physician’s and/or |
25 | medical director’s report is presented. The evaluation shall be completed and a report, containing |
26 | the information required by subsection (d) of this section, filed with the director and the parole |
27 | board, and a copy sent to the applicant within fourteen (14) days from the date of the request. |
28 | (i) Within seven (7) days of receiving the application, the medical or geriatric report and |
29 | the discharge plan, the parole board shall determine whether the application, on its face, |
30 | demonstrates that relief may be warranted. If the face of the application clearly demonstrates that |
31 | relief is unwarranted, the board may deny the application without a hearing or further proceedings, |
32 | and within seven (7) days shall notify the prisoner in writing of its decision to deny the application, |
33 | setting forth its factual findings and a brief statement of the reasons for denying release without a |
34 | hearing. Denial of release does not preclude the prisoner from reapplying for medical or geriatric |
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1 | parole after the expiration of sixty (60) days. A reapplication under this section must demonstrate |
2 | a material change in circumstances. |
3 | (j)(1) Upon receipt of the application from the director of the department of corrections the |
4 | parole board shall, except as provided in subsection (i) of this section, set the case for a hearing |
5 | within thirty (30) days; |
6 | (2) Notice of the hearing shall be sent to the prosecutor and the victim(s), if any, of the |
7 | offense(s) for which the prisoner is incarcerated, and the prosecutor and the victim(s) shall have |
8 | the right to be heard at the hearing, or in writing, or both; and |
9 | (3) At the hearing, the prisoner shall be entitled to be represented by an attorney or by the |
10 | public defender if qualified or other representative. |
11 | (k) Within seven (7) days of the hearing, the parole board shall issue a written decision |
12 | granting or denying medical or geriatric parole and explaining the reasons for the decision. If the |
13 | board determines that medical or geriatric parole is warranted, it shall impose conditions of release, |
14 | that shall include the following: |
15 | (1) Periodic medical examinations; |
16 | (2) Periodic reporting to a parole officer, and the reporting interval; |
17 | (3) Any other terms or conditions that the board deems necessary; and |
18 | (4) In the case of a prisoner who is medically paroled due to being severely ill, the parole |
19 | board shall require electronic monitoring as a condition of the medical parole, unless the healthcare |
20 | plan mandates placement in a medical facility that cannot accommodate the electronic monitoring. |
21 | (l) If after release the releasee’s condition or circumstances change so that he or she would |
22 | not then be eligible for medical or geriatric parole, the parole board may order him or her returned |
23 | to custody to await a hearing to determine whether his or her release should be revoked. A release |
24 | may also be revoked for violation of conditions otherwise applicable to parole. |
25 | (m) An annual report shall be prepared by the director of corrections for the parole board |
26 | and the general assembly. The report shall include: |
27 | (1) The number of inmates who have applied for medical or geriatric parole; |
28 | (2) The number of inmates who have been granted medical or geriatric parole; |
29 | (3) The nature of the illness, cognitive condition, functional impairment, and/or infirmity |
30 | of the applicants, and the nature of the placement pursuant to the discharge plan; |
31 | (4) The categories of reasons for denial for those who have been denied; |
32 | (5) The number of releasees on medical or geriatric parole who have been returned to the |
33 | custody of the department of corrections and the reasons for return; and |
34 | (6) The number of inmates who meet the statutory definition of “aging prisoner” and would |
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1 | be potentially eligible for geriatric parole. |
2 | (n) An annual educational seminar will be offered by the department of corrections |
3 | healthcare services unit to the parole board and community stakeholders on aging and infirmity in |
4 | prison and special considerations that should be applied to aging prisoners and prisoners with |
5 | severe or terminal illnesses during parole consideration. |
6 | SECTION 7. Section 42-56-22 of the General Laws in Chapter 42-56 entitled "Corrections |
7 | Department" is hereby amended to read as follows: |
8 | 42-56-22. Labor by persons committed on mesne process or to answer criminal |
9 | charge. |
10 | (a) Every person who shall be committed to the adult correctional institutions to answer for |
11 | any criminal offense, whether convicted or awaiting trial, or on mesne process in any qui tam or |
12 | penal action, or on mesne process or execution in any civil action, may be permitted to labor in the |
13 | discretion of the director, or his or her designee, for the state, and in that case may be paid not more |
14 | than three dollars ($3.00) a day for every day he or she shall labor with the express consent of the |
15 | director, or his or her designee, of the department, to be credited to the prisoner’s account by the |
16 | assistant director of administration, or his or her designee, and to be disbursed to the prisoner in |
17 | accordance with the rules and regulations of the institutions; provided, further, however, there shall |
18 | be maintained on account at all times at least twenty-five percent (25%) of the earnings of each |
19 | prisoner up to a maximum of one hundred dollars ($100) for those persons serving a sentence of |
20 | life imprisonment without parole under §§ 11-23-2, 12-19.2-1 et seq., and up to a maximum of one |
21 | thousand dollars ($1,000) for all other prisoners; those funds to be turned over to the prisoner at the |
22 | time of his or her release from the institution, the funds being his or her property; the moneys to be |
23 | paid to the prisoner by order of the assistant director of management services upon the general |
24 | treasurer. |
25 | (b) Nothing contained in this section shall prevent the use of the funds in the account for |
26 | the payment of any court fees and court costs required to be paid for the filing, prosecution, and |
27 | defense of any action. |
28 | SECTION 8. This act shall take effect on passage and shall be given prospective and |
29 | retroactive effect for all offenses occurring on or after January 1, 1991. |
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| LC000383 - Page 11 of 12 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- HOMICIDE | |
*** | |
1 | This act would abolish the penalty of life without parole and amend/repeal all sections of |
2 | the general laws regulating prisoners serving a sentence of life without parole. |
3 | This act would take effect on shall be given prospective and retroactive effect for all |
4 | offenses occurring on or after January 1, 1991. |
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LC000383 | |
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| LC000383 - Page 12 of 12 |