| Chapter 375 |
| 2021 -- S 0316 Enacted 07/13/2021 |
| A N A C T |
| RELATING TO CRIMINALS--CORRECTIONAL INSTITUTIONS -- PAROLE |
Introduced By: Senators Quezada, Calkin, Goodwin, and Kallman |
| Date Introduced: February 18, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 13-8 of the General Laws entitled "Parole" is hereby amended by |
| adding thereto the following section: |
| 13-8-35. Early termination of parole supervision. |
| (a) Upon its own motion or upon request of a parolee, the parole board may terminate a |
| parolee's supervision before the sentence expires. |
| (1) Seven (7) years after releasing a prisoner on supervision, and at least annually |
| thereafter, the parole board shall review the status of the parolee to determine the need for continued |
| supervision. The parole board shall also conduct a status review whenever the supervision officer |
| recommends early termination of the parolee's supervision. |
| (2) Seven (7) years after releasing a prisoner on supervision, excluding a parolee serving a |
| life sentence for first- or second-degree murder, the parole board shall terminate supervision over |
| the parolee unless the parole board determines, after a hearing in accordance with this chapter, that |
| such the supervision should not be terminated because there is a likelihood that the parolee will |
| engage in conduct violating any criminal law. If the parole board does not terminate supervision |
| under this subsection, the parolee may request a hearing annually thereafter, and the parole board |
| shall conduct an early termination hearing at least every two (2) years. |
| (3) In calculating the two-(2) year (2) and seven-(7) year (7) periods provided in this |
| section, the parole board shall not include any period of parole before the recent release, or any |
| period served in confinement or any other sentence. |
| (4) A parolee may not appeal an adverse decision under this section. |
| (b) The parole board shall promulgate guidelines which that effectuate the purpose of this |
| section, which is to provide a mechanism for eliminating supervision on parole, in deserving cases, |
| consistent with the rehabilitative and reentry needs of the parolee and the promotion of public |
| safety. |
| In determining whether to grant early termination from supervision, the parole board shall |
| consider its guidelines and promulgate new guidelines so as to effectuate the purpose of this section, |
| which is to provide a mechanism for eliminating supervision on parole, in deserving cases, |
| consistent with the rehabilitative and reentry needs of the parolee and the promotion of public |
| safety. Termination of supervision is indicated if the parolee: |
| (1) Has been on supervised parole for the required period; |
| (2) Has observed all the laws within and without the state; |
| (3) Has been employed and remains employed at the time of the request; and |
| (4) Has completed seven (7) continuous years of supervision and is free from an incident |
| of new criminal behavior or serious parole violation. |
| (c) As used in this section, the term an "incident of new criminal behavior" or "serious |
| parole violation" includes a new arrest or report of a parole violation, if supported by substantial |
| evidence of guilt, even if no conviction or parole revocation results. The parole board shall not |
| terminate supervision until it determines the disposition of a pending criminal charge. |
| (d) Case-specific factors that may justify a departure either above or below the early |
| termination may relate to the current behavior of the parolee, or the parolee's background and |
| criminal history. |
| SECTION 2. This act shall take effect upon passage. |
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| LC001311 |
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