Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0374 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- S 0374
6	6	========
7	7	LC000439
8	8	========
9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- HOMICIDE
16	16	Introduced By: Senators Quezada, F. Lombardi, DiMario, Acosta, Lawson, Miller,
17	17	Valverde, McKenney, and Cano
18	18	Date Introduced: February 16, 2023
19	19	Referred To: Senate Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 11-23-2 and 11-23-2.1 of the General Laws in Chapter 11-23 entitled 1
24	24	"Homicide" are hereby amended to read as follows: 2
25	25	11-23-2. Penalties for murder. 3
26	26	Every person guilty of murder in the first degree shall be imprisoned for life. Every person 4
27	27	guilty of murder in the first degree: (1) committed intentionally while engaged in the commission 5
28	28	of another capital offense or other felony for which life imprisonment may be imposed; (2) 6
29	29	committed in a manner creating a great risk of death to more than one person by means of a weapon 7
30	30	or device or substance which would normally be hazardous to the life of more than one person; (3) 8
31	31	committed at the direction of another person in return for money or any other thing of monetary 9
32	32	value from that person; (4) committed in a manner involving torture or an aggravated battery to the 10
33	33	victim; (5) committed against any member of the judiciary, law enforcement officer, corrections 11
34	34	employee, assistant attorney general or special assistant attorney general, or firefighter arising from 12
35	35	the lawful performance of his or her official duties; (6) committed by a person who at the time of 13
36	36	the murder was committed to confinement in the adult correctional institutions or the state 14
37	37	reformatory for women upon conviction of a felony; or (7) committed during the course of the 15
38	38	perpetration or attempted perpetration of felony manufacture, sale, delivery or other distribution of 16
39	39	a controlled substance otherwise prohibited by the provisions of chapter 28 of title 21; shall be 17
40	40	imprisoned for life and if ordered by the court pursuant to chapter 19.2 of title 12 that person shall 18
41	41	not be eligible for parole from imprisonment. Every person guilty of murder in the second degree 19
42	42
43	43
44	44	LC000439 - Page 2 of 12
45	45	shall be imprisoned for not less than ten (10) years and may be imprisoned for life. 1
46	46	11-23-2.1. Penalty for murder of a kidnapped person under the age of eighteen (18). 2
47	47	If any person under the age of eighteen (18) who is kidnapped in violation of § 11-26-1 by 3
48	48	a person other than his or her natural or adopted parent dies as a direct result of the kidnapping, 4
49	49	then the person convicted of the offense shall be guilty of murder in the first degree and shall be 5
50	50	punished by imprisonment for life, and the court may, pursuant to chapter 19.2 of title 12, order 6
51	51	that that person not be eligible for parole. 7
52	52	SECTION 2. Section 11-39-2 of the General Laws in Chapter 11-39 entitled "Robbery" is 8
53	53	hereby amended to read as follows: 9
54	54	11-39-2. Robbery of the owner, lessor, or occupant of a motor vehicle. 10
55	55	(a) Every person who shall unlawfully seize a motor vehicle from its lawful owner, lessor, 11
56	56	or occupant by use or threat of use of a dangerous weapon against the owner, lessor, or occupant 12
57	57	resulting in serious bodily injury, as defined in § 11-5-10.2, shall be guilty of first degree robbery 13
58	58	and shall be imprisoned for not less than ten (10) years and may be imprisoned for life, or fined not 14
59	59	more than fifteen thousand dollars ($15,000), or both. In all such cases, the justice imposing 15
60	60	sentence shall impose a minimum sentence of ten (10) years imprisonment and may only impose a 16
61	61	sentence less than the minimum if he or she finds that substantial and compelling circumstances 17
62	62	exist which justify imposition of the alternative sentence. That finding may be based upon the 18
63	63	character and background of the defendant, the cooperation of the defendant with law enforcement 19
64	64	authorities, the nature and circumstances of the offense, and/or the nature and quality of the 20
65	65	evidence presented at trial. If a sentence which is less than imprisonment for a term of ten (10) 21
66	66	years is imposed, the trial justice shall set forth on the record the circumstances which he or she 22
67	67	found as justification for imposition of the lesser sentence. A person sentenced to prison for 23
68	68	violation of this subsection shall not be eligible for parole until at least one-half (½) of the sentence 24
69	69	has been served in prison. 25
70	70	(b) Every person who shall unlawfully seize a motor vehicle from its lawful owner, lessor, 26
71	71	or occupant by force or threat of force against the owner, lessor, or occupant shall be guilty of 27
72	72	second degree robbery and shall be imprisoned for not less than five (5) years nor more than thirty 28
73	73	(30) years, or fined not more than ten thousand dollars ($10,000), or both. 29
74	74	(c) Every person who shall commit robbery of a motor vehicle by seizing it from its lawful 30
75	75	owner, lessor, or occupant under the circumstances set forth in subsection (a) or (b) of this section, 31
76	76	resulting in the death of the owner, lessor or occupant, shall be guilty of first degree murder and 32
77	77	shall be sentenced to life imprisonment, and may be sentenced to life imprisonment without parole 33
78	78	if ordered by the court pursuant to chapter 19.2 of title 12. A person sentenced to life imprisonment 34
79	79
80	80
81	81	LC000439 - Page 3 of 12
82	82	for violation of this subsection shall not be eligible for parole until at least twenty (20) years of the 1
83	83	sentence has been served in prison. 2
84	84	SECTION 3. Section 11-47-3.2 of the General Laws in Chapter 11-47 entitled "Weapons" 3
85	85	is hereby amended to read as follows: 4
86	86	11-47-3.2. Using a firearm when committing a crime of violence. 5
87	87	(a) No person shall use a firearm while committing or attempting to commit a crime of 6
88	88	violence. Every person violating the provisions of this section shall be punished: (1) for the first 7
89	89	offense by imprisonment for ten (10) years; however, if the violation was committed by use of a 8
90	90	machine gun as defined in § 11-47-2(10), the term of imprisonment shall be thirty (30) years; (2) 9
91	91	for a second conviction under this section by imprisonment for twenty (20) years; however, if the 10
92	92	violation was committed by use of a machine gun as defined in § 11-47-2(10), the term of 11
93	93	imprisonment shall be life; and (3) for a third or subsequent conviction, the person shall be 12
94	94	sentenced to life, or life without the possibility of parole by the sentencing judge after consideration 13
95	95	of aggravating and mitigating circumstances contained in §§ 12-19.2-3 and 12-19.2-4. Any 14
96	96	sentence imposed upon a person pursuant to this section shall be imposed consecutively to and not 15
97	97	concurrently with any sentence imposed for the underlying crime or attempted crime, and the 16
98	98	person shall not be afforded the benefits of deferment of sentence or parole; provided, that unless 17
99	99	sentenced to life without the possibility of parole pursuant to subdivision (3) of this subsection, a 18
100	100	person sentenced to life under this section may be granted parole. 19
101	101	(b) Every person who, while committing an offense violating subsection (a) of this section, 20
102	102	discharges a firearm shall be guilty of a felony and be imprisoned as follows: 21
103	103	(1) Ten (10) years, if no injury to any other person results from the discharge; 22
104	104	(2) Twenty (20) years, if a person other than a police officer is injured by the discharge of 23
105	105	the firearm, or if a police officer who is engaged in the performance of his or her duty is deliberately 24
106	106	endangered by the person’s discharge of the firearm; 25
107	107	(3) Life, if a police officer who is engaged in the performance of his or her duty is injured 26
108	108	by the discharge of the firearm; and 27
109	109	(4) Life, if the death or permanent incapacity of any person (other than the person 28
110	110	convicted) results from the discharge of the firearm; provided that, involuntary manslaughter shall 29
111	111	not be considered a “crime of violence” for the purpose of subdivision (b)(4) only. 30
112	112	(c) The penalties defined in subsection (b) of this section shall run consecutively, and not 31
113	113	concurrently, to any other sentence imposed and, notwithstanding the provisions of chapter 8 of 32
114	114	title 13, the person shall not be afforded the benefits of deferment of sentence or parole; provided, 33
115	115	that a person sentenced to life under subdivision (b)(3) or (b)(4) of this section may be granted 34
116	116
117	117
118	118	LC000439 - Page 4 of 12
119	119	parole. 1
120	120	SECTION 4. Chapter 12-19.2 of the General Laws entitled "Sentencing to Life 2
121	121	Imprisonment Without Parole" is hereby repealed in its entirety. 3
122	122	CHAPTER 12-19.2 4
123	123	Sentencing to Life Imprisonment Without Parole 5
124	124	12-19.2-1. Sentencing procedures -- Trial by jury. 6
125	125	In all cases tried by a jury in which the penalty of life imprisonment without parole may be 7
126	126	imposed pursuant to § 11-23-2 or 11-23-2.1, and in which the attorney general has recommended 8
127	127	to the court in writing within twenty (20) days of the date of the arraignment that such a sentence 9
128	128	be imposed, the court shall, upon return of a verdict of guilty of murder in the first degree by the 10
129	129	jury, instruct the jury to determine whether it has been proven beyond a reasonable doubt that the 11
130	130	murder committed by the defendant involved one of the circumstances enumerated in § 11-23-2 or 12
131	131	11-23-2.1 as the basis for imposition of a sentence of life imprisonment without parole. If after 13
132	132	deliberation the jury finds that one or more of the enumerated circumstances was present, it shall 14
133	133	state in writing, signed by the foreperson of the jury, which circumstance or circumstances it found 15
134	134	beyond a reasonable doubt. Upon return of an affirmative verdict, the court shall conduct a 16
135	135	presentence hearing. At the hearing, the court shall permit the attorney general and the defense to 17
136	136	present additional evidence relevant to a determination of the sentence to be imposed as provided 18
137	137	for in § 12-19.2-4. After hearing evidence and argument relating to the presence or absence of 19
138	138	aggravating and mitigating factors, the court shall, in its discretion, sentence the defendant to either 20
139	139	life imprisonment without parole or life imprisonment. If the trial court is reversed on appeal 21
140	140	because of error only in the presentence hearing, the new proceedings before the trial court which 22
141	141	may be ordered shall pertain only to the issue of sentencing. 23
142	142	12-19.2-2. Sentencing procedures -- Trial by judge sitting without a jury. 24
143	143	In all cases tried by a judge sitting without a jury in which the penalty of life imprisonment 25
144	144	without parole may be imposed pursuant to § 11-23-2 or 11-23-2.1, and in which the attorney 26
145	145	general has recommended to the court in writing within twenty (20) days of the date of the 27
146	146	arraignment that such a sentence be imposed, the court shall, if the court finds the defendant guilty 28
147	147	of murder in the first degree, also render a finding as to whether it has been proven beyond a 29
148	148	reasonable doubt that the murder committed by the defendant involved one of the circumstances 30
149	149	enumerated in § 11-23-2 or 11-23-2.1 as the basis for imposition of a sentence of life imprisonment 31
150	150	without parole. If the court finds that one or more of the enumerated circumstances was present, it 32
151	151	shall state on the record which circumstance or circumstances it found beyond a reasonable doubt. 33
152	152	Upon an affirmative finding by the court, it shall conduct a presentence hearing. At the hearing, the 34
153	153
154	154
155	155	LC000439 - Page 5 of 12
156	156	court shall permit the attorney general and the defense to present additional evidence relevant to a 1
157	157	determination of the sentence to be imposed as provided for in § 12-19.2-4. After hearing evidence 2
158	158	and argument relating to the presence or absence of aggravating and mitigating factors, the court 3
159	159	shall, in its discretion, sentence the defendant to either life imprisonment without parole or life 4
160	160	imprisonment. If the trial court is reversed on appeal because of error only in the presentence 5
161	161	hearing, the new proceedings before the trial court which may be ordered shall pertain only to the 6
162	162	issue of sentencing. 7
163	163	12-19.2-3. Sentencing procedures -- Plea of guilty. 8
164	164	In all cases in which the defendant pleads guilty or nolo contendere to an offense for which 9
165	165	the penalty of life imprisonment without parole may be imposed pursuant to § 11-23-2 or 11-23-10
166	166	2.1, and in which the attorney general has recommended to the court in writing within twenty (20) 11
167	167	days of the date of the arraignment that such a sentence be imposed, the court shall conduct a 12
168	168	presentence hearing. At the hearing, the court shall permit the attorney general and the defense to 13
169	169	present additional evidence relevant to a determination of the sentence to be imposed as provided 14
170	170	for in § 12-19.2-4. After hearing evidence and argument relating to the presence or absence of 15
171	171	aggravating and mitigating factors, the court shall, in its discretion, sentence the defendant to either 16
172	172	life imprisonment without parole or life imprisonment. If the trial court is reversed on appeal 17
173	173	because of error only in the presentence hearing, the new proceedings before the trial court which 18
174	174	may be ordered shall pertain only to the issue of sentencing. 19
175	175	12-19.2-4. Consideration of aggravating and mitigating circumstances. 20
176	176	At the presentence hearing, following a finding that one or more of the circumstances 21
177	177	enumerated in § 11-23-2 or 11-23-2.1 as the basis for imposition of a sentence of life imprisonment 22
178	178	without parole was involved in the first degree murder of which the defendant has been convicted, 23
179	179	the court shall consider evidence regarding the nature and circumstances of the offense and the 24
180	180	personal history, character, record, and propensities of the defendant which are relevant to the 25
181	181	sentencing determination. After hearing evidence and argument regarding the aggravating and 26
182	182	mitigating circumstances relating to the offense and the defendant, the court shall, in its discretion, 27
183	183	sentence the defendant to life imprisonment without parole or to life imprisonment. The court shall 28
184	184	state on the record its reasons for imposing its sentence. 29
185	185	12-19.2-5. Review of life sentence without parole. 30
186	186	The defendant shall have the right to appeal a sentence of life imprisonment without parole 31
187	187	to the supreme court of the state in accordance with the applicable rules of court. In considering an 32
188	188	appeal of a sentence, the court, after review of the transcript of the proceedings below, may, in its 33
189	189	discretion, ratify the imposition of the sentence of life imprisonment without parole or may reduce 34
190	190
191	191
192	192	LC000439 - Page 6 of 12
193	193	the sentence to life imprisonment. 1
194	194	12-19.2-6. Work release and furlough programs -- Prohibited. 2
195	195	A person serving a sentence of life imprisonment without parole shall not be eligible for 3
196	196	participation in the work release program as set forth in § 42-56-21, the furlough program as set 4
197	197	forth in § 42-56-18, or any other program which allows a prisoner to be released from the 5
198	198	confinement of the prison facility to which the prisoner has been assigned. 6
199	199	SECTION 5. Section 13-8-13 of the General Laws in Chapter 13-8 entitled "Parole" is 7
200	200	hereby amended to read as follows: 8
201	201	13-8-13. Life prisoners and prisoners with lengthy sentences. 9
202	202	(a) In the case of a prisoner sentenced to imprisonment for life, a parole permit may be 10
203	203	issued at any time after the prisoner has served not less than ten (10) years’ imprisonment; provided 11
204	204	that: 12
205	205	(1) In the case of a prisoner serving a sentence or sentences of a length making him or her 13
206	206	ineligible for a permit in less than ten (10) years, pursuant to §§ 13-8-9 and 13-8-10, the permit 14
207	207	may be issued at any time after the prisoner has served not less than ten (10) years’ imprisonment; 15
208	208	(2) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree 16
209	209	murder committed after July 10, 1989, the permit may be issued only after the prisoner has served 17
210	210	not less than fifteen (15) years’ imprisonment; 18
211	211	(3) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree 19
212	212	murder committed after June 30, 1995, the permit may be issued only after the prisoner has served 20
213	213	not less than twenty (20) years’ imprisonment; 21
214	214	(4) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree 22
215	215	murder committed after July 1, 2015, the permit may be issued only after the prisoner has served 23
216	216	not less than twenty-five (25) years’ imprisonment; and 24
217	217	(5) In the case of a prisoner sentenced to imprisonment for life for a crime, other than first- 25
218	218	or second-degree murder, committed after July 1, 2015, the permit may be issued only after the 26
219	219	prisoner has served not less than twenty (20) years’ imprisonment. 27
220	220	(b) The permit shall be issued only by a unanimous vote of all the attending members of 28
221	221	the board; provided that not less than four (4) members are present, and whenever, after the issue 29
222	222	of the permit, the prisoner shall be pardoned, then the control of the board over the prisoner shall 30
223	223	cease and terminate. 31
224	224	(c)(1) In the case of a prisoner sentenced to imprisonment for life who is convicted of 32
225	225	escape or attempted escape from the lawful custody of the warden of the adult correctional 33
226	226	institutions, the permit may be issued only after the prisoner has served not less than twenty-five 34
227	227
228	228
229	229	LC000439 - Page 7 of 12
230	230	(25) years’ imprisonment; provided, however, that as to a prisoner who has been sentenced to 1
231	231	imprisonment for life for a conviction of first- or second-degree murder, committed after July 1, 2
232	232	2015, and who is convicted thereafter of escape or attempted escape from the lawful custody of the 3
233	233	warden of the adult correctional institutions, the permit may be issued only after the prisoner has 4
234	234	served not less than thirty-five (35) years’ imprisonment; and 5
235	235	(2) For each subsequent conviction of escape or attempted escape, an additional five (5) 6
236	236	years shall be added to the time required to be served. 7
237	237	(d) In the case of a prisoner sentenced consecutively to more than one life term for crimes 8
238	238	occurring after May 7, 1981, the permit may be issued only after the prisoner has served not less 9
239	239	than ten (10) years consecutively on each life sentence; provided, in the case of a prisoner sentenced 10
240	240	consecutively to more than one life term for crimes occurring after June 30, 1995, the permit may 11
241	241	be issued only after the prisoner has served not less than fifteen (15) years consecutively on each 12
242	242	life sentence. In the case of a prisoner sentenced consecutively to more than one life term for crimes 13
243	243	occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less 14
244	244	than twenty (20) years consecutively on each life sentence. In the case of a prisoner sentenced 15
245	245	consecutively to more than one life term for crimes, including first- or second-degree murder, 16
246	246	occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less 17
247	247	than twenty-five (25) years consecutively on each life sentence. 18
248	248	(e) Any person sentenced for any offense committed prior to his or her twenty-second 19
249	249	birthday, other than a person serving life without parole, shall be eligible for parole review and a 20
250	250	parole permit may be issued after the person has served no fewer than twenty (20) years’ 21
251	251	imprisonment unless the person is entitled to earlier parole eligibility pursuant to any other 22
252	252	provisions of law. This subsection shall be given prospective and retroactive effect for all offenses 23
253	253	occurring on or after January 1, 1991. 24
254	254	SECTION 6. Sections 13-8.1-2 and 13-8.1-4 of the General Laws in Chapter 13-8.1 entitled 25
255	255	"Medical and Geriatric Parole" are hereby amended to read as follows: 26
256	256	13-8.1-2. Purpose. 27
257	257	(a) Medical parole is made available for humanitarian reasons and to alleviate exorbitant 28
258	258	medical expenses associated with inmates whose chronic and incurable illness render their 29
259	259	incarceration non-punitive and non-rehabilitative. Notwithstanding other statutory or 30
260	260	administrative provisions to the contrary, all prisoners, except those serving life without parole, 31
261	261	shall at any time after they begin serving their sentences be eligible for medical parole 32
262	262	consideration, regardless of the crime committed or the sentence imposed. 33
263	263	(b) Geriatric parole is made available for humanitarian reasons and to alleviate exorbitant 34
264	264
265	265
266	266	LC000439 - Page 8 of 12
267	267	expenses associated with the cost of aging, for inmates whose advanced age reduces the risk that 1
268	268	they pose to the public safety. Notwithstanding other statutory or administrative provisions to the 2
269	269	contrary, all prisoners except those serving life without parole shall be eligible for geriatric parole 3
270	270	consideration upon meeting the criteria set forth below, regardless of the crime committed or the 4
271	271	sentence imposed. 5
272	272	13-8.1-4. Procedure. 6
273	273	(a) The parole board is authorized to grant medical parole release of a prisoner, except a 7
274	274	prisoner serving life without parole, at any time, who is determined to be terminally ill, severely 8
275	275	ill, or permanently physically or cognitively incapacitated within the meaning of § 13-8.1-3(2)-(5). 9
276	276	(b) The parole board is authorized to grant geriatric parole release of a prisoner, except a 10
277	277	prisoner serving life without parole, who is an aging prisoner within the meaning of § 13-8.1-3(1) 11
278	278	or under medical parole as outlined by § 13-8.1-2. 12
279	279	(c) In order to apply for this relief, the prisoner or his or her family member or friend, with 13
280	280	an attending physician’s written approval, or an attending physician, on behalf of the prisoner, shall 14
281	281	file an application with the director of the department of corrections. Within seventy-two (72) hours 15
282	282	after the filing of any application, the director shall refer the application to the health service unit 16
283	283	of the department of corrections for a medical report and a medical or geriatric discharge plan to 17
284	284	be completed within ten (10) days. Upon receipt of the discharge plan, the director of the 18
285	285	department of corrections shall immediately transfer the discharge plan, together with the 19
286	286	application, to the parole board for its consideration and decision. 20
287	287	(d) The report shall contain, at a minimum, the following information: 21
288	288	(1) Diagnosis of the prisoner’s medical conditions, including related medical history; 22
289	289	(2) Detailed description of the conditions and treatments; 23
290	290	(3) Prognosis, including life expectancy, likelihood of recovery, likelihood of 24
291	291	improvement, mobility and trajectory, and rate of debilitation; 25
292	292	(4) Degree of incapacity or disability, including an assessment of whether the prisoner is 26
293	293	ambulatory, capable of engaging in any substantial physical activity, ability to independently 27
294	294	provide for their daily life activities, and the extent of that activity; and 28
295	295	(5) An opinion from the medical director as to whether the person is terminally ill, and if 29
296	296	so, the stage of the illness, or whether the person is permanently physically or cognitively 30
297	297	incapacitated, severely ill, or an aging prisoner. If the medical director’s opinion is that the person 31
298	298	is not terminally ill, permanently, physically or cognitively incapacitated, severely ill, or an aging 32
299	299	prisoner as defined in § 13-8.1-3, the petition for medical or geriatric parole shall not be forwarded 33
300	300	to the parole board. 34
301	301
302	302
303	303	LC000439 - Page 9 of 12
304	304	(6) [Deleted by P.L. 2021, ch. 162, art. 13, § 4.] 1
305	305	(e) When the director of corrections refers a prisoner to the parole board for medical or 2
306	306	geriatric parole, the director shall provide to the parole board a medical or geriatric discharge plan 3
307	307	that is acceptable to the parole board. 4
308	308	(f) The department of corrections and the parole board shall jointly develop standards for 5
309	309	the medical or geriatric discharge plan that are appropriately adapted to the criminal justice setting. 6
310	310	The discharge plan should ensure at the minimum that: 7
311	311	(1) An appropriate placement for the prisoner has been secured, including, but not limited 8
312	312	to: a hospital, nursing facility, hospice, or family home; 9
313	313	(2) A referral has been made for the prisoner to secure a source for payment of the 10
314	314	prisoner’s medical expenses; and 11
315	315	(3) A parole officer has been assigned to periodically obtain updates on the prisoner’s 12
316	316	medical condition to report back to the board. 13
317	317	(g) If the parole board finds from the credible medical evidence that the prisoner is 14
318	318	terminally ill, permanently physically or cognitively incapacitated, severely ill, or an aging 15
319	319	prisoner, the board shall grant release to the prisoner but only after the board also considers whether, 16
320	320	in light of the prisoner’s medical condition, there is a reasonable probability that the prisoner, if 17
321	321	released, will live and remain at liberty without violating the law, and that the release is compatible 18
322	322	with the welfare of society and will not so depreciate the seriousness of the crime as to undermine 19
323	323	respect for the law. Notwithstanding any other provision of law, medical or geriatric release may 20
324	324	be granted at any time during the term of a prisoner’s sentence. 21
325	325	(h) There shall be a presumption that the opinion of the physician and/or medical director 22
326	326	will be accepted. However, the applicant, the physician, the director, or the parole board may 23
327	327	request an independent medical evaluation within seven (7) days after the physician’s and/or 24
328	328	medical director’s report is presented. The evaluation shall be completed and a report, containing 25
329	329	the information required by subsection (d) of this section, filed with the director and the parole 26
330	330	board, and a copy sent to the applicant within fourteen (14) days from the date of the request. 27
331	331	(i) Within seven (7) days of receiving the application, the medical or geriatric report and 28
332	332	the discharge plan, the parole board shall determine whether the application, on its face, 29
333	333	demonstrates that relief may be warranted. If the face of the application clearly demonstrates that 30
334	334	relief is unwarranted, the board may deny the application without a hearing or further proceedings, 31
335	335	and within seven (7) days shall notify the prisoner in writing of its decision to deny the application, 32
336	336	setting forth its factual findings and a brief statement of the reasons for denying release without a 33
337	337	hearing. Denial of release does not preclude the prisoner from reapplying for medical or geriatric 34
338	338
339	339
340	340	LC000439 - Page 10 of 12
341	341	parole after the expiration of sixty (60) days. A reapplication under this section must demonstrate 1
342	342	a material change in circumstances. 2
343	343	(j)(1) Upon receipt of the application from the director of the department of corrections the 3
344	344	parole board shall, except as provided in subsection (i) of this section, set the case for a hearing 4
345	345	within thirty (30) days; 5
346	346	(2) Notice of the hearing shall be sent to the prosecutor and the victim(s), if any, of the 6
347	347	offense(s) for which the prisoner is incarcerated, and the prosecutor and the victim(s) shall have 7
348	348	the right to be heard at the hearing, or in writing, or both; and 8
349	349	(3) At the hearing, the prisoner shall be entitled to be represented by an attorney or by the 9
350	350	public defender if qualified or other representative. 10
351	351	(k) Within seven (7) days of the hearing, the parole board shall issue a written decision 11
352	352	granting or denying medical or geriatric parole and explaining the reasons for the decision. If the 12
353	353	board determines that medical or geriatric parole is warranted, it shall impose conditions of release, 13
354	354	that shall include the following: 14
355	355	(1) Periodic medical examinations; 15
356	356	(2) Periodic reporting to a parole officer, and the reporting interval; 16
357	357	(3) Any other terms or conditions that the board deems necessary; and 17
358	358	(4) In the case of a prisoner who is medically paroled due to being severely ill, the parole 18
359	359	board shall require electronic monitoring as a condition of the medical parole, unless the healthcare 19
360	360	plan mandates placement in a medical facility that cannot accommodate the electronic monitoring. 20
361	361	(l) If after release the releasee’s condition or circumstances change so that he or she would 21
362	362	not then be eligible for medical or geriatric parole, the parole board may order him or her returned 22
363	363	to custody to await a hearing to determine whether his or her release should be revoked. A release 23
364	364	may also be revoked for violation of conditions otherwise applicable to parole. 24
365	365	(m) An annual report shall be prepared by the director of corrections for the parole board 25
366	366	and the general assembly. The report shall include: 26
367	367	(1) The number of inmates who have applied for medical or geriatric parole; 27
368	368	(2) The number of inmates who have been granted medical or geriatric parole; 28
369	369	(3) The nature of the illness, cognitive condition, functional impairment, and/or infirmity 29
370	370	of the applicants, and the nature of the placement pursuant to the discharge plan; 30
371	371	(4) The categories of reasons for denial for those who have been denied; 31
372	372	(5) The number of releasees on medical or geriatric parole who have been returned to the 32
373	373	custody of the department of corrections and the reasons for return; and 33
374	374	(6) The number of inmates who meet the statutory definition of “aging prisoner” and would 34
375	375
376	376
377	377	LC000439 - Page 11 of 12
378	378	be potentially eligible for geriatric parole. 1
379	379	(n) An annual educational seminar will be offered by the department of corrections 2
380	380	healthcare services unit to the parole board and community stakeholders on aging and infirmity in 3
381	381	prison and special considerations that should be applied to aging prisoners and prisoners with 4
382	382	severe or terminal illnesses during parole consideration. 5
383	383	6
384	384	SECTION 7. Section 42-56-22 of the General Laws in Chapter 42-56 entitled "Corrections 7
385	385	Department" is hereby amended to read as follows: 8
386	386	42-56-22. Labor by persons committed on mesne process or to answer criminal 9
387	387	charge. 10
388	388	(a) Every person who shall be committed to the adult correctional institutions to answer for 11
389	389	any criminal offense, whether convicted or awaiting trial, or on mesne process in any qui tam or 12
390	390	penal action, or on mesne process or execution in any civil action, may be permitted to labor in the 13
391	391	discretion of the director, or his or her designee, for the state, and in that case may be paid not more 14
392	392	than three dollars ($3.00) a day for every day he or she shall labor with the express consent of the 15
393	393	director, or his or her designee, of the department, to be credited to the prisoner’s account by the 16
394	394	assistant director of administration, or his or her designee, and to be disbursed to the prisoner in 17
395	395	accordance with the rules and regulations of the institutions; provided, further, however, there shall 18
396	396	be maintained on account at all times at least twenty-five percent (25%) of the earnings of each 19
397	397	prisoner up to a maximum of one hundred dollars ($100) for those persons serving a sentence of 20
398	398	life imprisonment without parole under §§ 11-23-2, 12-19.2-1 et seq., and up to a maximum of one 21
399	399	thousand dollars ($1,000) for all other prisoners; those funds to be turned over to the prisoner at the 22
400	400	time of his or her release from the institution, the funds being his or her property; the moneys to be 23
401	401	paid to the prisoner by order of the assistant director of management services upon the general 24
402	402	treasurer. 25
403	403	(b) Nothing contained in this section shall prevent the use of the funds in the account for 26
404	404	the payment of any court fees and court costs required to be paid for the filing, prosecution, and 27
405	405	defense of any action. 28
406	406	SECTION 9. This act shall take effect upon passage and shall be given prospective and 29
407	407	retroactive effect for all offenses occurring on or after January 1, 1991. 30
408	408	========
409	409	LC000439
410	410	========
411	411
412	412
413	413	LC000439 - Page 12 of 12
414	414	EXPLANATION
415	415	BY THE LEGISLATIVE COUNCIL
416	416	OF
417	417	A N A C T
418	418	RELATING TO CRIMINAL OFFENSES -- HOMICIDE
419	419	***
420	420	This act would abolish the penalty of life without parole and amend/repeal all sections of 1
421	421	the general laws regulating prisoners serving a sentence of life without parole. 2
422	422	This act would take effect upon passage and would be given prospective and retroactive 3
423	423	effect for all offenses occurring on or after January 1, 1991. 4
424	424	========
425	425	LC000439
426	426	========
427	427