Chapter 152
2012 -- H 7112 SUBSTITUTE A
Enacted 06/05/12
A N A C T
RELATING TO
STATE AFFAIRS AND GOVERNMENT - CORRECTIONS DEPARTMENT
Introduced By: Representatives Tanzi, Walsh, Lally, Dickinson, and DaSilva
Date Introduced: January 12, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 42-56-24 and 42-56-26 of the
General Laws in Chapter 42-56
entitled "Corrections Department" are hereby amended
to read as follows:
42-56-24. Earned time for good behavior or program
participation or completion. –
(a) A person serving a
sentence of a violation of sections 11-5-1 (where the specified felony is
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
their term or terms of incarceration for good behavior.
(b) The director,
or his or her designee, shall keep a record of the conduct of each
prisoner, and for each month that a prisoner who has been
sentenced to imprisonment for six (6)
months or more and not under sentence to imprisonment for
life, appears by the record to have
faithfully observed all the rules and requirements of the
institutions and not to have been
subjected to discipline, and is serving a sentence imposed for violation
of sexual offenses under
sections 11-37-2, 11-37-4, 11-37-6, 11-37-8,
11-37-8.1 and 11-37-8.3 or 11-9-1.3 there shall,
with the consent of the director of the department of
corrections, or his or her designee, upon
recommendation to him or her by the assistant director of
institutions/operations, be deducted
from the term or terms of sentence of that prisoner the
same number of days that there are years
in the term of his or her sentence; provided, that when
the sentence is for a longer term than ten
(10) years, only ten (10)
days shall be deducted for one month's good behavior; and provided,
further, that in the case of sentences of at least six (6)
months and less than one year, one day per
month shall be deducted.
For the purposes of this
subsection computing the number of days to be deducted for
good behavior, consecutive sentences shall be counted as a
whole sentence. This subsection
recognizes the serious nature of sex offenses; promotes
community safety and protection of the
public; and maintains the ability of the department of
corrections to oversee the rehabilitation and
supervision of sex offenders.
(b) (c)
For all prisoners serving sentences of more than one month, and not serving a
sentence of imprisonment for life or a sentence imposed for a
violation of the sexual offenses
identified in subsection (a) or (b) the director, or his
or her designee, shall keep a record of the
conduct of each prisoner, and for each month that prisoner
has faithfully observed all the rules
and requirements of the institutions and has not been
subjected to discipline, there shall, with the
consent of the director of the department of corrections or
his or her designee and upon
recommendation by the assistant director of institutions/operations,
be deducted from the term or
terms of sentence of that prisoner ten (10) days for each
month's good behavior.
(c) (d) For every day a prisoner shall be shut up or
otherwise disciplined for bad conduct,
as determined by the assistant director,
institutions/operations, subject to the authority of the
director, there shall be deducted one day from the time he or
she shall have gained for good
conduct.
(d) (e) The assistant director, or his or her designee,
subject to the authority of the
director, shall have the power to restore lost good conduct
time in whole or in part upon a
showing by the prisoner of subsequent good behavior and
disposition to reform.
(e) (f) For each month that a prisoner who has been sentenced
to imprisonment for more
than one month and not under sentence to imprisonment for
life who has faithfully engaged in
institutional industries there shall, with the consent of the
director, upon the recommendations to
him or her by the assistant director,
institutions/operations, be deducted from the term or terms of
the prisoner an additional two (2) days a month.
(f) (g) Except those prisoners serving a sentence imposed for
violation of subsection (a)
or (b) any
sexual offense committed under sections 11-37-2, 11-37-4, 11-37-6, 11-37-8,
11-37-
8.1, 11-37-8.3 or 11-9-1.3, for each month that a prisoner who has been
sentenced to
imprisonment for more than one month and not under sentence to
imprisonment for life has
participated faithfully in programs that have been determined by
the director or his/her designee
to address that prisoner's individual needs that are
related to his/her criminal behavior, there may,
with the consent of the director and upon the
recommendation of the assistant director,
rehabilitative services, be deducted from the term or terms of the
prisoner up to an additional five
(5) days a month.
Furthermore, whenever the prisoner has successfully completed such program,
they may; with the consent of the director and upon the
recommendation by the assistant director,
rehabilitative services, be deducted from the term or terms of the
prisoner up to an additional
thirty (30) days.
42-56-26.
Additional time allowed for meritorious service. – With the
exception of the
prisoners eligible for credits pursuant to subsections
42-56-24(b) and 42-56-24(f), any prisoner
sentenced to imprisonment for one year or more in the adult
correctional institutions, whether the
sentence was imposed before or after May 8, 1974 Prisoners sentenced to imprisonment for
violations of offenses identified in subsections 42-56-24 (a)
and (b) shall be eligible to have
deducted from his or her sentence up to three (3) days per
month up to a maximum of thirty-six
(36) days per year, when in
the determination of the director, or his or her designee, an inmate has
performed heroic acts affecting the lives and welfare of the
institutional personnel, inmates, or the
general public, or when an inmate has submitted extraordinary
and useful ideas and plans which
have been implemented for the benefit of the state
resulting in substantial savings and/or a higher
degree of efficiency or performance while participating in
and completing academic or vocational
education programs, or when an inmate has submitted useful
ideas concerning academic or
vocational programs which have been implemented at the adult
correctional institutions. Nothing
in this section shall be construed to deprive a prisoner
of time already accumulated or deducted
prior to May 8, 1974.
SECTION 2. This act shall take effect on July 1, 2012 and
shall apply to all criminal
offenses that occur on or after that date.
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LC00128/SUB A
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