2023 -- S 0634
========
LC001969
========
S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
S E N A T E R E S O L U T I O N
CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY THE IMPACT AND
POTENTIAL ECONOMIC B ENEFITS OF BAIL REFORMS ON BLACK RHODE
ISLANDERS AND THE STATE
Introduced By: Senators Mack, Britto, Acosta, Euer, Kallman, LaMountain, Lauria,
Bell, and Gu
Date Introduced: March 07, 2023
Referred To: Senate Judiciary
WHEREAS, Pre-trial detention is one of the earliest points in the criminal justice system 1
and typically represents an individual’s first prospect of being incarcerated. It is simply jailed 2
while awaiting trial and not yet convicted of a crime, and still legally innocent; and 3
WHEREAS, The main purposes of pretrial detention are to secure the appearance at trial 4
of defendants who are flight risks and to protect the community from further criminal activity of 5
the person charged; and 6
WHEREAS, Defendants detained before trial represent over 75 percent of all jail inmates 7
in some parts of the country, with significantly higher rates of pretrial detention among black and 8
Hispanic individuals; and 9
WHEREAS, First‐time offenders accused of low‐level crimes, often spend months in 10
pretrial detention and face subsequent long‐term damage in the form of family separation and 11
adverse impacts on young children, work interruption, and loss of housing; and 12
WHEREAS, Many individuals are jailed pretrial because they can't afford money bail, 13
and others because a probation or parole has placed a "hold" on their release. The number of 14
people in jail pretrial has nearly quadrupled since the 1980s; and 15
WHEREAS, There are a number of different types of pre-trial supervised release 16
including social workers and case managers from local organizations working with 17
people to address barriers to court attendance and connect them to social services, employment 18
and location monitoring, mental health treatment, and substance abuse treatment; and 19
LC001969 - Page 2 of 3
WHEREAS, Balancing the greatest social benefit and/or risks to public safety, and return 1
on investment and use of taxpayer resources is necessary in order to provide the best data-driven 2
policy solutions; now, therefore be it 3
RESOLVED, That a special legislative commission be and the same is hereby created 4
consisting of eleven (11) members; three (3) of whom shall be members of the Rhode Island 5
Senate, to be appointed by the President of the Senate; one of whom shall be the RI Attorney 6
General, or designee; one of whom shall be a representative of the Judicial Branch, to be 7
appointed by the Chief Justice; one of whom shall be the Chair of the Rhode Island Parole Board, 8
or designee; one of whom shall be a warden of a Rhode Island prison, to be appointed by the 9
President of the Senate; one of whom shall be a representative from the Center for Health and 10
Justice Transformation, to be appointed by the President of the Senate; one of whom shall be the 11
Director of the RI Department of Children, Youth & Families, or designee; and two (2) of whom 12
shall be persons formerly incarcerated pre-trial in the State of Rhode Island, to be appointed by 13
the President of the Senate. 14
15
In lieu of any appointment of a member of the legislature to a legislative study 16
commission or task force, created by a General Assembly resolution, the appointing authority 17
may appoint a member of the general public to serve in lieu of a legislator, provided that the 18
majority leader or the minority leader of the political party which is entitled to the appointment 19
consents to the member of the general public. 20
The purpose of said commission shall be to analyze the economic and societal benefits 21
and risks of pre-trial supervised release as an alternative to pre-trial detention, determine the 22
impact of reforms on Black Rhode Islanders, and provide recommendations to reduce the 23
population and all fees, costs and expenses incurred by pre-trial persons and the State. 24
25
Forthwith upon passage of this resolution, the members of the commission shall meet at 26
the call of the President of the Senate and organize, and shall select a Chairperson from among 27
the legislative members. 28
Vacancies in said task force shall be filled in like manner as the original appointment. 29
The membership of said task force shall receive no compensation for their services. 30
All departments and agencies of the state shall furnish such advice and information, 31
documentary and otherwise, to said task force shall and its agents as is deemed necessary or 32
desirable by the task force shall to facilitate the purposes of this resolution. 33
The Joint Committee on Legislative Services is hereby authorized and directed to provide 34
LC001969 - Page 3 of 3
suitable quarters for said commission; and be it further 1
RESOLVED, That said commission shall report its findings to the President of the Senate 2
no later than February 5, 2024, and said task force shall expire on April 5, 2024. 3
========
LC001969
========