2019 -- H 5333 | |
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LC000047 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2019 | |
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A N A C T | |
RELATING TO CRIMINALS - CORRECTIONAL INSTITUTIONS - PAROLE | |
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Introduced By: Representatives Ranglin-Vassell, McEntee, Craven, Diaz, and Handy | |
Date Introduced: February 07, 2019 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 13-8-13 of the General Laws in Chapter 13-8 entitled "Parole" is |
2 | hereby amended to read as follows: |
3 | 13-8-13. Life prisoners and prisoners with lengthy sentences. |
4 | (a) In the case of a prisoner sentenced to imprisonment for life, a parole permit may be |
5 | issued at any time after the prisoner has served not less than ten (10) years imprisonment; |
6 | provided that: |
7 | (1) In the case of a prisoner serving a sentence or sentences of a length making him or her |
8 | ineligible for a permit in less than ten (10) years, pursuant to ยงยง 13-8-9 and 13-8-10, the permit |
9 | may be issued at any time after the prisoner has served not less than ten (10) years imprisonment. |
10 | (2) In the case of a prisoner sentenced to imprisonment for life for a first- or second- |
11 | degree murder committed after July 10, 1989, the permit may be issued only after the prisoner has |
12 | served not less than fifteen (15) years imprisonment. |
13 | (3) In the case of a prisoner sentenced to imprisonment for life for a first- or second- |
14 | degree murder committed after June 30, 1995, the permit may be issued only after the prisoner |
15 | has served not less than twenty (20) years imprisonment; and |
16 | (4) In the case of a prisoner sentenced to imprisonment for life for a first- or second- |
17 | degree murder committed after July 1, 2015, the permit may be issued only after the prisoner has |
18 | served not less than twenty-five (25) years imprisonment. |
19 | (5) In the case of a prisoner sentenced to imprisonment for life for a crime, other than |
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1 | first- or second-degree murder, committed after July 1, 2015, the permit may be issued only after |
2 | the prisoner has served not less than twenty (20) years imprisonment. |
3 | (b) The permit shall be issued only by a unanimous vote of all the attending members of |
4 | the board; provided that not less than four (4) members are present, and whenever, after the issue |
5 | of the permit, the prisoner shall be pardoned, then the control of the board over the prisoner shall |
6 | cease and terminate. |
7 | (c)(1) In the case of a prisoner sentenced to imprisonment for life who is convicted of |
8 | escape or attempted escape from the lawful custody of the warden of the adult correctional |
9 | institutions, the permit may be issued only after the prisoner has served not less than twenty-five |
10 | (25) years imprisonment; provided, however, that as to a prisoner who has been sentenced to |
11 | imprisonment for life for a conviction of first- or second-degree murder, committed after July 1, |
12 | 2015, and who is convicted thereafter of escape or attempted escape from the lawful custody of |
13 | the warden of the adult correctional institutions, the permit may be issued only after the prisoner |
14 | has served not less than thirty-five (35) years imprisonment; and |
15 | (2) For each subsequent conviction of escape or attempted escape, an additional five (5) |
16 | years shall be added to the time required to be served. |
17 | (d) In the case of a prisoner sentenced consecutively to more than one life term for crimes |
18 | occurring after May 7, 1981, the permit may be issued only after the prisoner has served not less |
19 | than ten (10) years consecutively on each life sentence; provided, in the case of a prisoner |
20 | sentenced consecutively to more than one life term for crimes occurring after June 30, 1995, the |
21 | permit may be issued only after the prisoner has served not less than fifteen (15) years |
22 | consecutively on each life sentence. In the case of a prisoner sentenced consecutively to more |
23 | than one life term for crimes occurring after July 1, 2015, the permit may be issued only after the |
24 | prisoner has served not less than twenty (20) years consecutively on each life sentence. In the |
25 | case of a prisoner sentenced consecutively to more than one life term for crimes, including first- |
26 | or second-degree murder, occurring after July 1, 2015, the permit may be issued only after the |
27 | prisoner has served not less than twenty-five (25) years consecutively on each life sentence. |
28 | (e) Notwithstanding any other provision of the general or public laws to the contrary, and |
29 | unless a prisoner is entitled to earlier eligibility for parole pursuant to any other provision of law, |
30 | a prisoner sentenced as an adult for any offense committed prior to the prisoner's eighteenth |
31 | birthday, is eligible for a parole permit after the prisoner has served fifteen (15) years of their |
32 | sentence. |
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1 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINALS - CORRECTIONAL INSTITUTIONS - PAROLE | |
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1 | This act would provide that prisoners who committed offenses prior to age eighteen (18) |
2 | and were sentenced as adults would be eligible for parole after completing fifteen (15) years of |
3 | their sentence. This act would not lengthen their parole eligibility should the prisoner be eligible |
4 | for parole earlier than fifteen (15) years. |
5 | This act would take effect upon passage. |
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