Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0727 Compare Versions

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

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5	5	2023 -- S 0727
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7	7	LC001648
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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 STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTME NT
16	16	Introduced By: Senators Mack, Acosta, Britto, Zurier, Euer, Bell, McKenney, F.
17	17	Lombardi, Kallman, and Gu
18	18	Date Introduced: March 22, 2023
19	19	Referred To: Senate Judiciary
20	20	(Dept. of Corrections)
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 42-56-24 of the General Laws in Chapter 42-56 entitled "Corrections 1
24	24	Department" is hereby amended to read as follows: 2
25	25	42-56-24. Earned time for good behavior or program participation or completion. 3
26	26	(a) A person serving a sentence of a violation of § 11-5-1 (where the specified felony is 4
27	27	murder), § 11-23-1, § 11-26-1.4, § 11-37-2, § 11-37-8.1, or § 11-37-8.3 shall not be eligible to earn 5
28	28	time off their term or terms of incarceration for good behavior. 6
29	29	(b) The director, or his or her designee, shall keep a record of the conduct of each prisoner, 7
30	30	and for each month that a prisoner who has been sentenced to imprisonment for six (6) months or 8
31	31	more and not under sentence to imprisonment for life, appears by the record to have faithfully 9
32	32	observed all the rules and requirements of the institutions and not to have been subjected to 10
33	33	discipline, and is serving a sentence imposed for violation of sexual offenses under § 11-37-4, § 11
34	34	11-37-6, § 11-37-8, or § 11-9-1.3 there shall, with the consent of the director of the department of 12
35	35	corrections, or his or her designee, upon recommendation to him or her by the assistant director of 13
36	36	institutions/operations, be deducted from the term or terms of sentence of that prisoner the same 14
37	37	number of days that there are years in the term of his or her sentence; provided, that when the 15
38	38	sentence is for a longer term than ten (10) years, only ten (10) days shall be deducted for one 16
39	39	month’s good behavior; and provided, further, that in the case of sentences of at least six (6) months 17
40	40	and less than one year, one day per month shall be deducted. 18
41	41	For the purposes of this subsection computing the number of days to be deducted for good 19
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45	45	behavior, consecutive sentences shall be counted as a whole sentence. This subsection recognizes 1
46	46	the serious nature of sex offenses; promotes community safety and protection of the public; and 2
47	47	maintains the ability of the department of corrections to oversee the rehabilitation and supervision 3
48	48	of sex offenders. 4
49	49	(c) For all prisoners serving sentences of more than one month, and not serving a sentence 5
50	50	of imprisonment for life or a sentence imposed for a violation of the offenses identified in 6
51	51	subsection (a) or (b) of this section the director, or his or her designee, shall keep a record of the 7
52	52	conduct of each prisoner, and for each month that prisoner has faithfully observed all the rules and 8
53	53	requirements of the institutions and has not been subjected to discipline, there shall, with the 9
54	54	consent of the director of the department of corrections or his or her designee and upon 10
55	55	recommendation by the assistant director of institutions/operations, be deducted from the term or 11
56	56	terms of sentence of that prisoner ten (10) days for each month’s good behavior. 12
57	57	(d) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct, as 13
58	58	determined by the assistant director, institutions/operations, subject to the authority of the director, 14
59	59	there shall be deducted one day from the time he or she shall have gained for good conduct. 15
60	60	(e) The assistant director, or his or her designee, subject to the authority of the director, 16
61	61	shall have the power to restore lost good conduct time in whole or in part upon a showing by the 17
62	62	prisoner of subsequent good behavior and disposition to reform. 18
63	63	(f) For each month that a prisoner who has been sentenced to imprisonment for more than 19
64	64	one month and not under sentence to imprisonment for life has faithfully engaged in institutional 20
65	65	industries there shall, with the consent of the director, upon the recommendations to him or her by 21
66	66	the assistant director, institutions/operations, be deducted from the term or terms of the prisoner an 22
67	67	additional two (2) to five (5) days a month. 23
68	68	(g) Except those prisoners serving a sentence imposed for violation of subsection (a) or (b) 24
69	69	of this section, for each month that a prisoner who has been sentenced to imprisonment for more 25
70	70	than one month and not under sentence to imprisonment for life has participated faithfully in 26
71	71	programs that have been determined by the director or his/her designee to address that prisoner’s 27
72	72	individual needs that are related to his/her criminal behavior, there may, with the consent of the 28
73	73	director and upon the recommendation of the assistant director, rehabilitative services, be deducted 29
74	74	from the term or terms of the prisoner up to an additional five (5) days a month. Furthermore, 30
75	75	whenever the prisoner has successfully completed such program, they may; with the consent of the 31
76	76	director and upon the recommendation by the assistant director, rehabilitative services, be deducted 32
77	77	from the term or terms of the prisoner up to an additional thirty (30) days. 33
78	78	(h)(1) A person who is serving a term or terms of a probation sentence of one year or 34
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82	82	longer, including a person who has served a term of incarceration followed by a probation sentence, 1
83	83	except those serving a term of probation for a sentence in violation of § 11-5-1 (where the specified 2
84	84	felony is murder or sexual assault), § 11-23-1, § 11-26-1.4, § 11-37-2, § 11-37-8.1, or § 11-37-8.3 3
85	85	shall upon serving three years of their probation sentence be eligible to earn time off their term or 4
86	86	terms of the probation sentence for compliance with court-ordered terms and conditions of 5
87	87	probation. Calculation of these credits shall commence upon the probationer’s completion of all 6
88	88	terms of incarceration. 7
89	89	(2) The director, or his or her designee, shall keep a record of the conduct of each 8
90	90	probationer. For each month that the probationer has not had a judicial finding of a violation of 9
91	91	conditions of probation, there shall, with the consent of the director of the department of 10
92	92	corrections, or designee, upon recommendation of the assistant director of institutions/operations, 11
93	93	or designee, be deducted from the term or terms of the probationer’s sentence ten (10) days for each 12
94	94	month’s compliance with the terms and conditions of his or her probation. 13
95	95	(3) For each month that a violation of probation is pending the probationer shall not be 14
96	96	eligible to earn probation compliance credits. In the event there is a judicial determination that the 15
97	97	probationer did not violate his or her terms and conditions of probation, credit will be awarded 16
98	98	retroactive to the date of the filing of the probation violation. In the event there is a judicial 17
99	99	determination that the probationer did violate his or her terms and conditions of probation, the 18
100	100	probationer shall not be awarded compliance credits for the time during which the violation was 19
101	101	pending, and further, the court may order revocation of prior earned compliance credits. 20
102	102	(4) The probation department of the department of corrections shall keep a record of the 21
103	103	probationer’s sentence to include the person’s end of sentence date based on earned credits for 22
104	104	compliance with their terms and conditions of probation. 23
105	105	(5) This section shall apply to all individuals sentenced to probation, including those 24
106	106	sentenced prior to enactment of the statute. However, the award of probation compliance credits 25
107	107	shall be prospective only from the date of enactment of the statute. 26
108	108	SECTION 2. This act shall take effect upon passage. 27
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115	115	EXPLANATION
116	116	BY THE LEGISLATIVE COUNCIL
117	117	OF
118	118	A N A C T
119	119	RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTME NT
120	120	***
121	121	This act would provide additional earned time for good behavior or program participation 1
122	122	or completion for prisoners not serving a life sentence who have faithfully engaged in institutional 2
123	123	industries. 3
124	124	This act would take effect upon passage. 4
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