Chapter 101

2013 -- S 0658

Enacted 06/18/13

 

A N A C T

RELATING TO CRIMINALS - CORRECTIONAL INSTITUTIONS - PAROLE

          

     Introduced By: Senators McCaffrey, and Walaska

     Date Introduced: March 06, 2013

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 13-8-18 and 13-8-19 of the General Laws in Chapter 13-8 entitled

"Parole" are hereby amended to read as follows:

 

     13-8-18. Revocation of parole -- Hearing. -- The parole board may, by a majority vote

of all of its members, revoke, in accordance with the provisions of section 13-8-18.1, any permit

issued by it to any prisoner under the provisions of this chapter or revoke any permit issued by

another state or jurisdiction where the prisoner is being supervised by the Rhode Island parole

board whenever it shall appear to the board that the prisoner has violated any of the terms or

conditions of his or her permit or conditions of parole set by an out-of-state jurisdiction, or has

during the period of his or her parole violated any state laws. Whenever it shall come to the

knowledge of the board that any prisoner at liberty under a permit issued by this state or another

state or jurisdiction has been guilty of any violation, the chairperson shall issue his or her warrant

to any officer authorized to serve criminal process to arrest the prisoner and commit him or her to

the adult correctional institutions, to be detained until the board shall have an opportunity to

determine whether the permit of the prisoner is to be revoked in accordance with the provisions of

section 13-8-18.1, or in the case of prisoners granted parole by another state or jurisdiction, and

supervised by the Rhode Island parole board, until that state or jurisdiction takes custody of the

prisoner. If the board shall determine that the permit shall not be revoked, then the board shall

immediately order the prisoner to be set at liberty under the terms and conditions of his or her

original permit.

 

     13-8-19. Arrest and return to institution on revocation of parole. -- (a) Whenever the

permit of a prisoner is revoked, in accordance with the provisions of section 13-8-18.1 the parole

board shall order the prisoner to be returned to the adult correctional institutions or to the

women's division of the adult correctional institutions, as the case may be, to serve the remainder

of the prisoner's original sentence according to the terms of that sentence.

      (b) The time between the release of the prisoner under the permit and the prisoner's

return to the adult correctional institutions or the women's division of the adult correctional

institutions under order of the board shall not be considered as any part of the prisoner's original

sentence.

      (c) If a prisoner is at liberty when the prisoner's permit is revoked, the chairperson shall

issue his or her warrant to any officer authorized to serve criminal process to arrest the prisoner

and return the prisoner to the adult correctional institutions or the women's division of the adult

correctional institutions in accordance with the provisions of section 13-8-18.1 as ordered by the

board.

     (d) Where the prisoner is supervised by the parole board pursuant to a grant of parole by

a state or jurisdiction other than Rhode Island, the parole board shall issue a detention warrant

and order the prisoner committed to the adult correctional institution or the women’s division of

the adult correctional institution until the authority from the state or other jurisdiction having

granted the prisoner parole takes custody of the prisoner.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01437

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