Chapter 412

2013 -- S 0358 AS AMENDED

Enacted 07/15/13

 

A N A C T

RELATING TO CRIMINALS -- CORRECTIONAL INSTITUTIONS -- ESTABLISHMENT OF A CERTIFICATE OF RECOVERY & RE-ENTRY

          

     Introduced By: Senators Metts, Jabour, Pichardo, Crowley, and Goodwin

     Date Introduced: February 13, 2013

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Title 13 of the General Laws entitled "CRIMINALS - CORRECTIONAL

INSTITUTIONS" is hereby amended by adding thereto the following chapter:

 

CHAPTER 8.2

CERTIFICATE OF RECOVERY & RE-ENTRY

 

     13-8.2-1. Certificate of recovery & re-entry established -- Findings of the general

assembly and purposes. -- There is hereby established a certificate of recovery & re-entry for

individuals that are convicted of a crime in which their legal status and ability to seek and

maintain employment changes forever. A criminal record may prohibit individuals from

successfully obtaining jobs, occupational licenses, housing and other benefits and opportunities

available to all other individuals. These restrictions are often narrowly tailored and serve to

protect society against an unidentified public safety risk, but others are arbitrary, unnecessary and

without regard to any post-conviction rehabilitation or recovery & re-entry. Individuals who have

successfully completed their board-imposed sentences need to be able to reestablish themselves

as law-abiding members of society. At the same time, employers and other decision-makers need

to have some reassurance of a person’s reliability. Therefore, the intent and purpose of this

chapter is to provide a process that would, in select and appropriate cases, allow the issuance of a

certificate of recovery & re-entry. Said certificate, if granted by the parole board, would serve to

relieve the petitioner, in appropriate cases, of some of the collateral consequences resulting from

his or her criminal record. Said certificate shall serve as one determining factor as to whether the

petitioner has been successful in his or her rehabilitation.

 

     13-8.2-2. Definitions. -- As used in this chapter the following words and terms shall have

the following meanings:

     (1) "Board" means the parole board within the Rhode Island department of corrections,

established pursuant to the provisions of section 13-8-1.

     (2) "Department" means the department of corrections.

     (3) "Director" means the director of the department of corrections.

     (4) "Eligible Petitioner" means a person who has not been convicted of a crime or of an

offense as defined in RIGL subdivision 11-47-2(2) and in RIGL subdivision 12-1.3-1(1) who has

not been convicted of more than one felony.

     (5) "Certificate of recovery & re-entry " or "Certificate" shall serve as one determining

factor, consistent with concerns of public safety, of the person’s ability to obtain employment,

professional licenses, housing and other benefits and opportunities. Provided, further, that said

instrument shall serve as a determination that the person receiving it has successfully achieved his

or her recovery & re-entry goals as provided for in section 13-8.2-4.

     (6) "Conviction" notwithstanding the provisions of section 12-18-3, means the imposition

of a fine, period of incarceration whether or not suspended, probation or deferred sentence

imposed after the entry of a plea of nolo contendere.

     (7) "Petition" means the motion, pleading, or other legal document or form seeking the

issuance of a certificate of recovery & re-entry from the board.

     (8)"Felony" means a conviction of a felony in this state or of an offense, that is not a

crime of violence, in any other jurisdiction for which a sentence to a term of imprisonment in

excess of one year, was authorized. Criminal acts committed outside the state shall be classified

as acts committed within the state.

 

     13-8.2-3. Rules of construction. -- For the purposes of this chapter the following rules of

construction, facts and circumstances shall apply:

     (1) Two (2) or more convictions of felonies charged in separate counts of one indictment

or information shall be deemed to be one conviction;

     (2) Two (2) or more convictions of felonies charged in two (2) or more separate

indictments or information, where disposition of all indictments or information takes place on the

same date, shall be deemed to be one conviction; and

     (3) A plea or verdict of guilty upon which a sentence of probation, conditional discharge,

or supervision has been imposed shall be deemed to be a conviction.

 

     13-8.2-4. Procedure for issuance of certificate. -- The board shall have the following

procedures for certificate of recovery & re-entry hearings:

     (1) To hear petitions from individuals seeking an order granting the issuance of a

certificate of recovery & re-entry.

     (2) To establish the minimum period of recovery & re-entry for individuals referred to in

subdivision (1) of this section, as follows:

     (i) Where the most serious crime of which the individual was convicted is a

misdemeanor, the minimum period of recovery & re-entry shall be one year;

     (ii) Where the most serious crime of which the individual was convicted is a non-violent

felony conviction, the minimum period of recovery & re-entry shall be three (3) years; and

     (iii) The minimum period of recovery & re-entry by the individual shall be measured

either from the date of the payment of any fine imposed upon him or her, or from the date of his

or her release from the institutional facility, custody by parole or home confinement, whichever is

later.

     (3) To classify criminal acts committed outside the state as acts committed within the

state based on the non violent nature of the criminal acts and the maximum sentence that could

have been imposed based upon such conviction pursuant to the laws of such foreign jurisdiction.

     (4) To use its discretion as to the holding of an open hearing or an individual conference

on any matter relevant to the granting of the application and the taking of testimony under oath.

 

     13-8.2-5. Powers and duties of the board. -- (a) The board shall have the power to issue

and establish criteria to determine eligibility for issuance of the certificate of recovery & re-entry;

     (b) By an affirmative vote of a majority of the members of the board to issue a certificate

of recovery & re-entry to any person previously convicted of a crime in any jurisdiction;

     (c) To create all applications, and certificates necessary for the purposes of this chapter

upon forms prescribed by the board. Such forms relating to certificates of recovery & re-entry

shall be distributed by the chairman of the board;

     (d) To promulgate all necessary rules and regulations to carry out the intent of this

chapter; and

     (e) Any information contained within a certificate of recovery & re-entry as created in

subsection (c) of this section shall be limited to:

     (i) The applicant’s name;

     (ii) Date of birth;

     (iii) Certificate number;

     (iv) Issue date;

     (v) A statement that "The board has determined that up to and including the issue date

stated above, this individual has met the necessary standards of recovery & re-entry to hold the

certificate"; and

     (vi) Authentication phone number for the department of corrections.

 

     13-8.2-6. Limitations and restrictions of certificate. -- (a) Nothing contained in this

chapter shall be deemed:

     (1) Destruction or sealing of criminal records pursuant to section 12-1-12; or

     (2) Expungement of criminal records pursuant to sections 12-1.3-1 through 4; or

     (3) To alter or limit or affect the manner of applying for pardons to the

     Governor;

     (b) The certificate shall not to be deemed to prevent:

     (1) Any judicial proceeding, administrative, licensing or other body, or authority from

relying upon the conviction specified in the certificate as the basis for the exercise of its

discretionary power to suspend, revoke, or refuse to issue or renew any license, permit, or other

authority or privilege.

     (2) Or limit the introduction of evidence of a prior conviction for purposes of

impeachment of a witness in a judicial or other proceeding where otherwise authorized by the

applicable rules of evidence.

     (3) The enhancement from misdemeanor to felony when charging an individual with a

criminal offense, subsequent to the conviction on which the certificate was issued, when a prior

conviction mandates such enhancement of subsequent charges.

 

     13-8.2-7. Severability. -- If any provision of this chapter or its application to any person

or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality shall not

affect other provisions or applications of this chapter which can be given effect without the

invalid or unconstitutional provision or application, and to this end the provisions of this chapter

are declared to be severable.

 

     13-8.2-8. Immunity for third-party individuals -- Civil and criminal. -- An individual

or entity that denies employment, professional licensing, housing or other benefits or

opportunities to a holder of a certificate of recovery & re-entry on the basis of a criminal records

check shall not be liable for civil damages or subject to any claim, demand, cause of action, or

proceeding of any nature as a result of such denial.

 

     SECTION 2. This act shall take effect one year from the date of passage.

     

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LC00779

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