Chapter 217
2022 -- H 7886
Enacted 06/27/2022

A N   A C T
RELATING TO CRIMINAL PROCEDURE - SENTENCE AND EXECUTION

Introduced By: Representatives Knight, Ajello, Cassar, Speakman, Ranglin-Vassell, Kislak, McGaw, Barros, and Kazarian

Date Introduced: March 04, 2022

It is enacted by the General Assembly as follows:
     SECTION 1. Section 12-19-2 of the General Laws in Chapter 12-19 entitled "Sentence and
Execution" is hereby amended to read as follows:
     12-19-2. Selection of method and amount or term of punishment.
     (a) Whenever it is provided that any offense shall be punished by a fine or imprisonment,
the court imposing punishment may, in its discretion, select the kind of punishment to be imposed,
and, if the punishment is fine or imprisonment, its amount or term within the limits prescribed by
law; provided, if the punishment to be imposed is imprisonment, the sentence or sentences imposed
shall be reduced by the number of days spent in confinement while awaiting trial and while awaiting
sentencing; and provided, further, that in the case of a person sentenced to a life sentence, the time
at which he or she shall become eligible to apply for parole shall be reduced by the number of days
spent in confinement while awaiting trial and while awaiting sentencing; and any sentence or
sentences in effect at present, including the provision as to a life sentence as described in this
subsection may be reduced in like manner by the court which imposed the sentence upon
application by the person serving the sentence to the court.
     (b) The court upon the sentencing of a first-time offender, excluding capital offense and
sex offense involving minors, may in appropriate cases sentence the person to a term of
imprisonment, and allow the person to continue in his or her usual occupation or education and
shall order the person to be confined in a minimum security facility at the A.C.I. during his or her
nonworking or study hours.
     (c) The director of corrections or his or her designee may impose any conditions and
restrictions upon the release of persons sentenced under this section that he or she deems necessary.
     (d) The director of corrections may at any time, subject to the approval of the director,
recall a prisoner from release status if he or she believes or has reason to believe the peace, safety,
welfare, or security of the community may be endangered by the prisoner being under release status.
Any prisoner recalled under this subsection shall be presented to the next regularly scheduled
meeting of the classification board for its further consideration.
     (e) A prisoner authorized to work at paid employment in the community under this section
may be required to pay, and the director is authorized to collect, costs incident to the prisoner's
confinement as the director deems appropriate and reasonable. These collections shall be deposited
with the treasurer as a part of the general revenue of the state.
     (f) When a sentenced inmate's parole release date or completion of sentence falls on a
weekend or on a holiday, the department of corrections may release the inmate on the prior business
day.
     (g) When a sentenced inmate is scheduled to be released from the custody of the department
of corrections to a community partner for residential treatment and/or to a facility to maintain stable
living conditions, and the inmate's release date or completion of sentence is incompatible with the
capacity, staffing, or scheduling capabilities of the community partner facility, the department of
corrections may release the inmate up to three (3) business days earlier than the scheduled release
date, provided the inmate transitions directly from the department of corrections to the community
partner facility.
     SECTION 2. This act shall take effect upon passage.
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LC004879
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