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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- S 0625 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002368 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO STATE AFFAIRS AND GOVERNMENT – CORRECTIONS DEPARTME NT |
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| 16 | 16 | | Introduced By: Senators LaMountain, Burke, McKenney, Acosta, Mack, and Euer |
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| 17 | 17 | | Date Introduced: March 07, 2023 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Section 42-56-20.2 of the General Laws in Chapter 42-56 entitled 1 |
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| 23 | 23 | | "Corrections Department" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 42-56-20.2. Community confinement. 3 |
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| 25 | 25 | | (a) Persons subject to this section. Every person who shall have been adjudged guilty of 4 |
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| 26 | 26 | | any crime after trial before a judge, a judge and jury, or before a single judge entertaining the 5 |
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| 27 | 27 | | person’s plea of nolo contendere or guilty to an offense (“adjudged person”), and every person 6 |
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| 28 | 28 | | sentenced to imprisonment in the adult correctional institutions (“sentenced person”) including 7 |
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| 29 | 29 | | those sentenced or imprisoned for civil contempt, and every person awaiting trial at the adult 8 |
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| 30 | 30 | | correctional institutions (“detained person”) who meets the criteria set forth in this section shall be 9 |
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| 31 | 31 | | subject to the terms of this section except: 10 |
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| 32 | 32 | | (1) Any person who is unable to demonstrate that a permanent place of residence (“eligible 11 |
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| 33 | 33 | | residence”) within this state is available to that person; or 12 |
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| 34 | 34 | | (2) Any person who is unable to demonstrate that he or she will be regularly employed, or 13 |
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| 35 | 35 | | enrolled in an educational or vocational training program within this state, and within thirty (30) 14 |
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| 36 | 36 | | days following the institution of community confinement; or 15 |
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| 37 | 37 | | (3)(i) Any adjudged person or sentenced person or detained person who has been 16 |
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| 38 | 38 | | convicted, within the five (5) years next preceding the date of the offense for which he or she is 17 |
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| 39 | 39 | | currently so adjudged or sentenced or detained, of a violent felony. 18 |
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| 40 | 40 | | A “violent felony” as used in this section shall mean any one of the following crimes or an 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002368 - Page 2 of 7 |
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| 44 | 44 | | attempt to commit that crime: murder; manslaughter; sexual assault; mayhem; robbery; burglary; 1 |
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| 45 | 45 | | assault with a dangerous weapon; assault or battery involving serious bodily injury; arson; breaking 2 |
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| 46 | 46 | | and entering into a dwelling; child molestation; kidnapping; DWI resulting in death or serious 3 |
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| 47 | 47 | | injury; or driving to endanger resulting in death or serious injury; or 4 |
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| 48 | 48 | | (ii) Any person currently adjudged guilty of or sentenced for or detained on any capital 5 |
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| 49 | 49 | | felony; or 6 |
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| 50 | 50 | | (iii) Any person currently adjudged guilty of or sentenced for or detained on a felony 7 |
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| 51 | 51 | | offense involving the use of force or violence against a person or persons. These shall include, but 8 |
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| 52 | 52 | | are not limited to, those offenses listed in subsection (a)(3)(i) of this section; or 9 |
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| 53 | 53 | | (iv) Any person currently adjudged guilty, sentenced, or detained for the sale, delivery, or 10 |
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| 54 | 54 | | possession with intent to deliver a controlled substance in violation of § 21-28-4.01(a)(4)(i) or 11 |
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| 55 | 55 | | possession of a certain enumerated quantity of a controlled substance in violation of § 21-28-4.01.1 12 |
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| 56 | 56 | | or § 21-28-4.01.2; or. 13 |
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| 57 | 57 | | (v) Any person currently adjudged guilty of, or sentenced for, or detained on an offense 14 |
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| 58 | 58 | | involving the illegal possession of a firearm. 15 |
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| 59 | 59 | | (b) Findings prior to sentencing to community confinement. In the case of adjudged 16 |
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| 60 | 60 | | persons, if the judge intends to impose a sentence of community confinement, he or she shall first 17 |
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| 61 | 61 | | make specific findings, based on evidence regarding the nature and circumstances of the offense 18 |
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| 62 | 62 | | and the personal history, character, record, and propensities of the defendant that are relevant to the 19 |
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| 63 | 63 | | sentencing determination, and these findings shall be placed on the record at the time of sentencing. 20 |
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| 64 | 64 | | These findings shall include, but are not limited to: 21 |
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| 65 | 65 | | (1) A finding that the person does not demonstrate a pattern of behavior indicating a 22 |
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| 66 | 66 | | propensity for violent behavior; 23 |
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| 67 | 67 | | (2) A finding that the person meets each of the eligibility criteria set forth in subsection (a) 24 |
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| 68 | 68 | | of this section; 25 |
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| 69 | 69 | | (3) A finding that simple probation is not an appropriate sentence; 26 |
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| 70 | 70 | | (4) A finding that the interest of justice requires, for specific reasons, a sentence of non-27 |
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| 71 | 71 | | institutional confinement; and 28 |
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| 72 | 72 | | (5) A finding that the person will not pose a risk to public safety if placed in community 29 |
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| 73 | 73 | | confinement. 30 |
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| 74 | 74 | | The facts supporting these findings shall be placed on the record and shall be subject to 31 |
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| 75 | 75 | | review on appeal. 32 |
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| 76 | 76 | | (c) Community confinement. 33 |
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| 77 | 77 | | (1) There shall be established within the department of corrections, a community 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002368 - Page 3 of 7 |
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| 81 | 81 | | confinement program to serve that number of adjudged persons, sentenced persons, and detainees, 1 |
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| 82 | 82 | | that the director of the department of corrections (“director”) shall determine on or before July 1 of 2 |
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| 83 | 83 | | each year. Immediately upon that determination, the director shall notify the presiding justice of 3 |
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| 84 | 84 | | the superior court of the number of adjudged persons, sentenced persons, and detainees that can be 4 |
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| 85 | 85 | | accommodated in the community confinement program for the succeeding twelve (12) months. 5 |
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| 86 | 86 | | One-half (½) of all persons sentenced to community confinement shall be adjudged persons, and 6 |
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| 87 | 87 | | the balance shall be detainees and sentenced persons. The director shall provide to the presiding 7 |
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| 88 | 88 | | justice of the superior court and the family court on the first day of each month a report to set forth 8 |
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| 89 | 89 | | the number of adjudged persons, sentenced persons, and detainees participating in the community 9 |
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| 90 | 90 | | confinement program as of each reporting date. Notwithstanding any other provision of this section, 10 |
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| 91 | 91 | | if on April 1 of any fiscal year less than one-half (½) of all persons sentenced to community 11 |
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| 92 | 92 | | confinement shall be adjudged persons, then those available positions in the community 12 |
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| 93 | 93 | | confinement program may be filled by sentenced persons or detainees in accordance with the 13 |
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| 94 | 94 | | procedures set forth in subsection (c)(2) of this section. 14 |
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| 95 | 95 | | (2) In the case of inmates other than those classified to community confinement under 15 |
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| 96 | 96 | | subsection (h) of this section, the director may make written application (“application”) to the 16 |
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| 97 | 97 | | sentencing judge for an order (“order”) directing that a sentenced person or detainee be confined 17 |
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| 98 | 98 | | within an eligible residence for a period of time, which in the case of a sentenced person, shall not 18 |
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| 99 | 99 | | exceed the term of imprisonment. This application and order shall contain a recommendation for a 19 |
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| 100 | 100 | | program of supervision and shall contain the findings set forth in subsections (b)(1), (b)(2), (b)(3), 20 |
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| 101 | 101 | | (b)(4), and (b)(5) of this section and facts supporting these findings. The application and order may 21 |
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| 102 | 102 | | contain a recommendation for the use of electronic surveillance or monitoring devices. The hearing 22 |
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| 103 | 103 | | on this application shall be held within ten (10) business days following the filing of this 23 |
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| 104 | 104 | | application. If the sentencing judge is unavailable to hear and consider the application the presiding 24 |
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| 105 | 105 | | justice of the superior court shall designate another judge to do so. 25 |
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| 106 | 106 | | (3) In lieu of any sentence that may be otherwise imposed upon any person subject to this 26 |
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| 107 | 107 | | section, the sentencing judge may cause an adjudged person to be confined within an eligible 27 |
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| 108 | 108 | | residence for a period of time not to exceed the term of imprisonment otherwise authorized by the 28 |
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| 109 | 109 | | statute the adjudged person has been adjudged guilty of violating. 29 |
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| 110 | 110 | | (4) With authorization by the sentencing judge, or, in the case of sentenced persons 30 |
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| 111 | 111 | | classified to community confinement under subsection (h) of this section by the director of 31 |
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| 112 | 112 | | corrections, or in accordance with the order, persons confined under the provisions of this chapter 32 |
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| 113 | 113 | | may be permitted to exit the eligible residence in order to travel directly to and from their place of 33 |
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| 114 | 114 | | employment or education or training and may be confined in other terms or conditions consistent 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002368 - Page 4 of 7 |
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| 118 | 118 | | with the basic needs of that person that justice may demand, including the right to exit the eligible 1 |
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| 119 | 119 | | residence to which that person is confined for certain enumerated purposes such as religious 2 |
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| 120 | 120 | | observation, medical and dental treatment, participation in an education or vocational training 3 |
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| 121 | 121 | | program, and counseling, all as set forth in the order. 4 |
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| 122 | 122 | | (d) Administration. 5 |
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| 123 | 123 | | (1) Community confinement. The supervision of persons confined under the provisions 6 |
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| 124 | 124 | | of this chapter shall be conducted by the director, or his or her designee. 7 |
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| 125 | 125 | | (2) Intense surveillance. The application and order shall prescribe a program of intense 8 |
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| 126 | 126 | | surveillance and supervision by the department of corrections. Persons confined under the 9 |
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| 127 | 127 | | provisions of this section shall be subject to searches of their persons or of their property when 10 |
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| 128 | 128 | | deemed necessary by the director, or his or her designee, in order to ensure the safety of the 11 |
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| 129 | 129 | | community, supervisory personnel, the safety and welfare of that person, and/or to ensure 12 |
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| 130 | 130 | | compliance with the terms of that person’s program of community confinement; provided, 13 |
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| 131 | 131 | | however, that no surveillance, monitoring or search shall be done at manifestly unreasonable times 14 |
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| 132 | 132 | | or places nor in a manner or by means that would be manifestly unreasonable under the 15 |
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| 133 | 133 | | circumstances then present. 16 |
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| 134 | 134 | | (3) The use of any electronic surveillance or monitoring device which is affixed to the body 17 |
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| 135 | 135 | | of the person subject to supervision is expressly prohibited unless set forth in the application and 18 |
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| 136 | 136 | | order or, in the case of sentenced persons classified to community confinement under subsection 19 |
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| 137 | 137 | | (h), otherwise authorized by the director of corrections. 20 |
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| 138 | 138 | | (4) Regulatory authority. The director shall have full power and authority to enforce any 21 |
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| 139 | 139 | | of the provisions of this section by regulation, subject to the provisions of the Administrative 22 |
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| 140 | 140 | | Procedures Act, chapter 35 of this title. Notwithstanding any provision to the contrary, the 23 |
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| 141 | 141 | | department of corrections may contract with private agencies to carry out the provisions of this 24 |
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| 142 | 142 | | section. The civil liability of those agencies and their employees, acting within the scope of their 25 |
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| 143 | 143 | | employment, and carrying out the provisions of this section, shall be limited in the same manner 26 |
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| 144 | 144 | | and dollar amount as if they were agencies or employees of the state. 27 |
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| 145 | 145 | | (e) Violations. Any person confined pursuant to the provisions of this section, who is found 28 |
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| 146 | 146 | | to be a violator of any of the terms and conditions imposed upon him or her according to the order, 29 |
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| 147 | 147 | | or in the case of sentenced persons classified to community confinement under subsection (h), 30 |
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| 148 | 148 | | otherwise authorized by the director of corrections, this section, or any rules, regulations, or 31 |
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| 149 | 149 | | restrictions issued pursuant hereto shall serve the balance of his or her sentence in a classification 32 |
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| 150 | 150 | | deemed appropriate by the director. If that conduct constitutes a violation of § 11-25-2, the person, 33 |
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| 151 | 151 | | upon conviction, shall be subject to an additional term of imprisonment of not less than one year 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002368 - Page 5 of 7 |
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| 155 | 155 | | and not more than twenty (20) years. However, it shall be a defense to any alleged violation that 1 |
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| 156 | 156 | | the person was at the time of the violation acting out of a necessary response to an emergency 2 |
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| 157 | 157 | | situation. An “emergency situation” shall be construed to mean the avoidance by the defendant of 3 |
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| 158 | 158 | | death or of substantial personal injury, as defined above, to him or herself or to others. 4 |
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| 159 | 159 | | (f) Costs. Each person confined according to this section shall reimburse the state for the 5 |
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| 160 | 160 | | costs or a reasonable portion thereof incurred by the state relating to the community confinement 6 |
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| 161 | 161 | | of those persons. Costs shall be initially imposed by the sentencing judge or in the order and shall 7 |
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| 162 | 162 | | be assessed by the director prior to the expiration of that person’s sentence. Once assessed, those 8 |
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| 163 | 163 | | costs shall become a lawful debt due and owing to the state by that person. Monies received under 9 |
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| 164 | 164 | | this section shall be deposited as general funds. 10 |
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| 165 | 165 | | (g) Severability. Every word, phrase, clause, section, subsection, and any of the provisions 11 |
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| 166 | 166 | | of this section are hereby declared to be severable from the whole, and a declaration of 12 |
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| 167 | 167 | | unenforceability or unconstitutionality of any portion of this section, by a judicial court of 13 |
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| 168 | 168 | | competent jurisdiction, shall not affect the portions remaining. 14 |
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| 169 | 169 | | (h) Sentenced persons approaching release. Notwithstanding the provisions set forth 15 |
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| 170 | 170 | | within this section, any sentenced person committed under the direct care, custody, and control of 16 |
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| 171 | 171 | | the adult correctional institutions, who is within one (1) year of the projected good time release 17 |
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| 172 | 172 | | date, provided that the person shall have completed at least one-half (½) of the full term of 18 |
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| 173 | 173 | | incarceration, or any person who is sentenced to a term of six (6) months or less of incarceration, 19 |
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| 174 | 174 | | provided that the person shall have completed at least one-half (½) of the term of incarceration, 20 |
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| 175 | 175 | | may in the discretion of the director of corrections be classified to community confinement. This 21 |
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| 176 | 176 | | provision shall not apply to any person whose current sentence was imposed upon conviction of 22 |
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| 177 | 177 | | murder, first degree sexual assault or first degree child molestation. 23 |
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| 178 | 178 | | (i) Notification to police departments. The director, or his or her designee, shall notify 24 |
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| 179 | 179 | | the appropriate police department when a sentenced, adjudged or detained person has been placed 25 |
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| 180 | 180 | | into community confinement within that department’s jurisdiction. That notice will include the 26 |
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| 181 | 181 | | nature of the offense and the express terms and conditions of that person’s confinement. That notice 27 |
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| 182 | 182 | | shall also be given to the appropriate police department when a person in community confinement 28 |
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| 183 | 183 | | within that department’s jurisdiction is placed in escape status. 29 |
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| 184 | 184 | | (j) No incarceration credit for persons awaiting trial. No detainee shall be given 30 |
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| 185 | 185 | | incarceration credit by the director for time spent in community confinement while awaiting trial. 31 |
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| 186 | 186 | | (k) No confinement in college or university housing facilities. Notwithstanding any 32 |
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| 187 | 187 | | provision of the general laws to the contrary, no person eligible for community confinement shall 33 |
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| 188 | 188 | | be placed in any college or university housing facility, including, but not limited to, dormitories, 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC002368 - Page 6 of 7 |
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| 192 | 192 | | fraternities or sororities. College or university housing facilities shall not be considered an “eligible 1 |
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| 193 | 193 | | residence” for “community confinement.” 2 |
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| 194 | 194 | | (l) A sentencing judge shall have authority to waive overnight stay or incarceration at the 3 |
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| 195 | 195 | | adult correctional institution after the sentencing of community confinement. The waiver shall be 4 |
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| 196 | 196 | | binding upon the adult correctional institution and the staff thereof, including, but not limited to 5 |
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| 197 | 197 | | the community confinement program. 6 |
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| 198 | 198 | | SECTION 2. This act shall take effect upon passage. 7 |
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| 200 | 200 | | LC002368 |
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| 203 | 203 | | |
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| 204 | 204 | | LC002368 - Page 7 of 7 |
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| 205 | 205 | | EXPLANATION |
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| 206 | 206 | | BY THE LEGISLATIVE COUNCIL |
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| 207 | 207 | | OF |
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| 208 | 208 | | A N A C T |
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| 209 | 209 | | RELATING TO STATE AFFAIRS AND GOVERNMENT – CORRECTIONS DEPARTME NT |
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| 210 | 210 | | *** |
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| 211 | 211 | | This act would make those individuals who are convicted of carrying a firearm illegally 1 |
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| 212 | 212 | | eligible for community confinement in the discretion of the court. 2 |
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| 213 | 213 | | This act would take effect upon passage. 3 |
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| 215 | 215 | | LC002368 |
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