2023 -- S 0634

========

LC001969

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

S E N A T E   R E S O L U T I O N

CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY THE IMPACT AND

POTENTIAL ECONOMIC BENEFITS OF BAIL REFORMS ON BLACK RHODE

ISLANDERS AND THE STATE

     Introduced By: Senators Mack, Britto, Acosta, Euer, Kallman, LaMountain, Lauria,
Bell, and Gu

     Date Introduced: March 07, 2023

     Referred To: Senate Judiciary

     WHEREAS, Pre-trial detention is one of the earliest points in the criminal justice system

and typically represents an individual’s first prospect of being incarcerated. It is simply jailed

while awaiting trial and not yet convicted of a crime, and still legally innocent; and

     WHEREAS, The main purposes of pretrial detention are to secure the appearance at trial

of defendants who are flight risks and to protect the community from further criminal activity of

the person charged; and

     WHEREAS, Defendants detained before trial represent over 75 percent of all jail inmates

in some parts of the country, with significantly higher rates of pretrial detention among black and

Hispanic individuals; and

     WHEREAS, First‐time offenders accused of low‐level crimes, often spend months in

pretrial detention and face subsequent long‐term damage in the form of family separation and

adverse impacts on young children, work interruption, and loss of housing; and

     WHEREAS, Many individuals are jailed pretrial because they can't afford money bail,

and others because a probation or parole has placed a "hold" on their release. The number of

people in jail pretrial has nearly quadrupled since the 1980s; and

     WHEREAS, There are a number of different types of pre-trial supervised release

     including social workers and case managers from local organizations working with

people to address barriers to court attendance and connect them to social services, employment

and location monitoring, mental health treatment, and substance abuse treatment; and

     WHEREAS, Balancing the greatest social benefit and/or risks to public safety, and return

on investment and use of taxpayer resources is necessary in order to provide the best data-driven

policy solutions; now, therefore be it

     RESOLVED, That a special legislative commission be and the same is hereby created

consisting of eleven (11) members; three (3) of whom shall be members of the Rhode Island

Senate, to be appointed by the President of the Senate; one of whom shall be the RI Attorney

General, or designee; one of whom shall be a representative of the Judicial Branch, to be

appointed by the Chief Justice; one of whom shall be the Chair of the Rhode Island Parole Board,

or designee; one of whom shall be a warden of a Rhode Island prison, to be appointed by the

President of the Senate; one of whom shall be a representative from the Center for Health and

Justice Transformation, to be appointed by the President of the Senate; one of whom shall be the

Director of the RI Department of Children, Youth & Families, or designee; and two (2) of whom

shall be persons formerly incarcerated pre-trial in the State of Rhode Island, to be appointed by

the President of the Senate.

     In lieu of any appointment of a member of the legislature to a legislative study

commission or task force, created by a General Assembly resolution, the appointing authority

may appoint a member of the general public to serve in lieu of a legislator, provided that the

majority leader or the minority leader of the political party which is entitled to the appointment

consents to the member of the general public.

     The purpose of said commission shall be to analyze the economic and societal benefits

and risks of pre-trial supervised release as an alternative to pre-trial detention, determine the

impact of reforms on Black Rhode Islanders, and provide recommendations to reduce the

population and all fees, costs and expenses incurred by pre-trial persons and the State.

     Forthwith upon passage of this resolution, the members of the commission shall meet at

the call of the President of the Senate and organize, and shall select a Chairperson from among

the legislative members.

     Vacancies in said task force shall be filled in like manner as the original appointment.

     The membership of said task force shall receive no compensation for their services.

     All departments and agencies of the state shall furnish such advice and information,

documentary and otherwise, to said task force shall and its agents as is deemed necessary or

desirable by the task force shall to facilitate the purposes of this resolution.

     The Joint Committee on Legislative Services is hereby authorized and directed to provide

LC001969 - Page 2 of 3

suitable quarters for said commission; and be it further

     RESOLVED, That said commission shall report its findings to the President of the Senate

no later than February 5, 2024, and said task force shall expire on April 5, 2024.

========

LC001969

========

LC001969 - Page 3 of 3