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4 | 4 | | |
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5 | 5 | | 2023 -- S 0634 |
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6 | 6 | | ======== |
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7 | 7 | | LC001969 |
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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 | | S E N A T E R E S O L U T I O N |
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15 | 15 | | CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY THE IMPACT AND |
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16 | 16 | | POTENTIAL ECONOMIC B ENEFITS OF BAIL REFORMS ON BLACK RHODE |
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17 | 17 | | ISLANDERS AND THE STATE |
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18 | 18 | | Introduced By: Senators Mack, Britto, Acosta, Euer, Kallman, LaMountain, Lauria, |
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19 | 19 | | Bell, and Gu |
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20 | 20 | | Date Introduced: March 07, 2023 |
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21 | 21 | | Referred To: Senate Judiciary |
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22 | 22 | | |
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23 | 23 | | |
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24 | 24 | | WHEREAS, Pre-trial detention is one of the earliest points in the criminal justice system 1 |
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25 | 25 | | and typically represents an individual’s first prospect of being incarcerated. It is simply jailed 2 |
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26 | 26 | | while awaiting trial and not yet convicted of a crime, and still legally innocent; and 3 |
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27 | 27 | | WHEREAS, The main purposes of pretrial detention are to secure the appearance at trial 4 |
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28 | 28 | | of defendants who are flight risks and to protect the community from further criminal activity of 5 |
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29 | 29 | | the person charged; and 6 |
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30 | 30 | | WHEREAS, Defendants detained before trial represent over 75 percent of all jail inmates 7 |
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31 | 31 | | in some parts of the country, with significantly higher rates of pretrial detention among black and 8 |
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32 | 32 | | Hispanic individuals; and 9 |
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33 | 33 | | WHEREAS, First‐time offenders accused of low‐level crimes, often spend months in 10 |
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34 | 34 | | pretrial detention and face subsequent long‐term damage in the form of family separation and 11 |
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35 | 35 | | adverse impacts on young children, work interruption, and loss of housing; and 12 |
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36 | 36 | | WHEREAS, Many individuals are jailed pretrial because they can't afford money bail, 13 |
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37 | 37 | | and others because a probation or parole has placed a "hold" on their release. The number of 14 |
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38 | 38 | | people in jail pretrial has nearly quadrupled since the 1980s; and 15 |
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39 | 39 | | WHEREAS, There are a number of different types of pre-trial supervised release 16 |
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40 | 40 | | including social workers and case managers from local organizations working with 17 |
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41 | 41 | | people to address barriers to court attendance and connect them to social services, employment 18 |
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42 | 42 | | and location monitoring, mental health treatment, and substance abuse treatment; and 19 |
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43 | 43 | | |
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44 | 44 | | |
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45 | 45 | | LC001969 - Page 2 of 3 |
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46 | 46 | | WHEREAS, Balancing the greatest social benefit and/or risks to public safety, and return 1 |
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47 | 47 | | on investment and use of taxpayer resources is necessary in order to provide the best data-driven 2 |
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48 | 48 | | policy solutions; now, therefore be it 3 |
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49 | 49 | | RESOLVED, That a special legislative commission be and the same is hereby created 4 |
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50 | 50 | | consisting of eleven (11) members; three (3) of whom shall be members of the Rhode Island 5 |
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51 | 51 | | Senate, to be appointed by the President of the Senate; one of whom shall be the RI Attorney 6 |
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52 | 52 | | General, or designee; one of whom shall be a representative of the Judicial Branch, to be 7 |
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53 | 53 | | appointed by the Chief Justice; one of whom shall be the Chair of the Rhode Island Parole Board, 8 |
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54 | 54 | | or designee; one of whom shall be a warden of a Rhode Island prison, to be appointed by the 9 |
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55 | 55 | | President of the Senate; one of whom shall be a representative from the Center for Health and 10 |
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56 | 56 | | Justice Transformation, to be appointed by the President of the Senate; one of whom shall be the 11 |
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57 | 57 | | Director of the RI Department of Children, Youth & Families, or designee; and two (2) of whom 12 |
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58 | 58 | | shall be persons formerly incarcerated pre-trial in the State of Rhode Island, to be appointed by 13 |
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59 | 59 | | the President of the Senate. 14 |
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60 | 60 | | 15 |
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61 | 61 | | In lieu of any appointment of a member of the legislature to a legislative study 16 |
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62 | 62 | | commission or task force, created by a General Assembly resolution, the appointing authority 17 |
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63 | 63 | | may appoint a member of the general public to serve in lieu of a legislator, provided that the 18 |
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64 | 64 | | majority leader or the minority leader of the political party which is entitled to the appointment 19 |
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65 | 65 | | consents to the member of the general public. 20 |
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66 | 66 | | The purpose of said commission shall be to analyze the economic and societal benefits 21 |
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67 | 67 | | and risks of pre-trial supervised release as an alternative to pre-trial detention, determine the 22 |
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68 | 68 | | impact of reforms on Black Rhode Islanders, and provide recommendations to reduce the 23 |
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69 | 69 | | population and all fees, costs and expenses incurred by pre-trial persons and the State. 24 |
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70 | 70 | | 25 |
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71 | 71 | | Forthwith upon passage of this resolution, the members of the commission shall meet at 26 |
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72 | 72 | | the call of the President of the Senate and organize, and shall select a Chairperson from among 27 |
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73 | 73 | | the legislative members. 28 |
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74 | 74 | | Vacancies in said task force shall be filled in like manner as the original appointment. 29 |
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75 | 75 | | The membership of said task force shall receive no compensation for their services. 30 |
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76 | 76 | | All departments and agencies of the state shall furnish such advice and information, 31 |
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77 | 77 | | documentary and otherwise, to said task force shall and its agents as is deemed necessary or 32 |
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78 | 78 | | desirable by the task force shall to facilitate the purposes of this resolution. 33 |
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79 | 79 | | The Joint Committee on Legislative Services is hereby authorized and directed to provide 34 |
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80 | 80 | | |
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81 | 81 | | |
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82 | 82 | | LC001969 - Page 3 of 3 |
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83 | 83 | | suitable quarters for said commission; and be it further 1 |
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84 | 84 | | RESOLVED, That said commission shall report its findings to the President of the Senate 2 |
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85 | 85 | | no later than February 5, 2024, and said task force shall expire on April 5, 2024. 3 |
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86 | 86 | | ======== |
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87 | 87 | | LC001969 |
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88 | 88 | | ======== |
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