2025 -- H 5124
========
LC000106
========
S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO CRIMINAL PROCEDURE -- THE RHODE ISLAND FIRST STEP ACT
Introduced By: Representatives J. Lombardi, Hull, Ajello, Potter, Stewart, and Felix
Date Introduced: January 22, 2025
Referred To: House Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Policy and findings. 1
The general assembly finds and declares that sentence reductions for various inmates 2
serving lengthy terms of imprisonment are appropriate and hereby enacts chapter 19.4 of title 12 in 3
furtherance of that finding. 4
SECTION 2. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is hereby 5
amended by adding thereto the following chapter: 6
CHAPTER 19.4 7
THE RHODE ISLAND FIRST STEP ACT 8
12-19.4-1. Short title. 9
This chapter shall be known and cited as "The Rhode Island First Step Act". 10
12-19.4-2. Definitions. 11
As used in this chapter: 12
(1) "Department" means the Rhode Island department of corrections. 13
(2) "Eligible elderly inmate" means an inmate in the custody of the department: 14
(i) Who is not less than sixty-five (65) years of age; 15
(ii) Who has served at least two-thirds (2/3) of the term of imprisonment to which the 16
inmate was sentenced and in the case of an inmate serving a life sentence, that has served at least 17
the minimum term of years required before parole eligibility; and 18
(iii) Who does not have a history of violence while incarcerated, has not attempted to 19
LC000106 - Page 2 of 8
escape or escaped during the inmate's term of imprisonment and who has not engaged in conduct 1
which would place the individual at substantial risk of re-offending or endangering any person if 2
released to pre-release confinement. 3
(3) "Eligible terminally ill inmate" means an inmate in the custody of the department: 4
(i) Who has been determined by a licensed physician approved by the department to be: 5
(A) In need of care at a nursing home, intermediate care facility, or assisted living facility 6
as those terms are defined in the National Housing Act § 232, (12 U.S.C. 1715w); or 7
(B) Diagnosed with a terminal illness. 8
(ii) Who has served at least two-thirds (2/3) of the term of imprisonment to which the 9
inmate was sentenced and in the case of an inmate serving a life sentence, that has served at least 10
the minimum term of years required before parole eligibility; and 11
(iii) Who does not have a history of violence while incarcerated, has not attempted to 12
escape or escaped during the inmate's term of imprisonment and who has not engaged in conduct 13
which would place the individual at substantial risk of re-offending or endangering any person if 14
released to pre-release confinement. 15
(4) "Functional literacy" means an eighth-grade equivalence in reading and mathematics 16
on a nationally recognized standardized test or functional competency or literacy on a nationally 17
recognized criterion-referenced test. 18
(5) "Prerelease custody" means and shall include home confinement, a residence in a 19
community treatment center, restitution center, mental health facility, alcohol or drug rehabilitation 20
center or other community facility or halfway house under the supervision of the department. 21
(6) "Terminal illness" means a disease or condition with an end-of-life trajectory. 22
12-19.4-3. Sentencing factors to be considered. 23
The court, in determining whether to impose a term of imprisonment for any inmate 24
convicted of a crime, shall consider the following: 25
(1) The seriousness of the offense, the history and characteristics of the inmate, the need 26
for rehabilitation, substance abuse treatment, mental health treatment, the need for educational or 27
vocational training and the inmate's prior criminal history. 28
(2) Notwithstanding the provisions of this chapter or the provisions of rules of criminal 29
procedure for the superior court of Rhode Island, rule 35, a judgment of conviction that includes 30
such a sentence constitutes a final judgment for all other purposes. 31
12-19.4-4. Dignity for female inmates. 32
(a) The department shall not shackle any female inmate who is pregnant while incarcerated. 33
This ban shall continue for a period of three (3) months after the ending of the pregnancy. 34
LC000106 - Page 3 of 8
(b) The department shall provide and make available to all female inmates sanitary napkins 1
and tampons at no cost. 2
12-19.4-5. Modification of an imposed term of imprisonment. 3
(a) The court may modify a term of imprisonment, upon motion of the department or upon 4
motion of the inmate if it finds that: 5
(1) Extraordinary and compelling reasons warrant such a reduction; or 6
(2) The inmate is at least sixty-five (65) years of age, has served at least two-thirds (2/3) 7
of the sentence for the offense or offenses for which the inmate is currently imprisoned, and a 8
determination has been made by the director that the inmate is not a danger to the safety of any 9
other person or the community. 10
(b) The court may modify an imposed term of imprisonment to the extent otherwise 11
expressly permitted by statute or by the rules of criminal procedure for the superior court of Rhode 12
Island, rule 35. 13
(c) In the case of an inmate who has been sentenced to a term of imprisonment based on a 14
sentencing provision that has subsequently been reduced, the court may reduce the term of 15
imprisonment, after considering the factors set forth in this section. 16
12-19.4-6. Notification requirements- Modification based on terminal illness. 17
Notification. The department shall, subject to any applicable confidentiality requirement, 18
in the case of an inmate diagnosed with a terminal illness: 19
(1) Not later than seventy-two (72) hours after the diagnosis, notify the inmate's attorney, 20
family members, or health care designee of the inmate's condition and advise them that they may 21
prepare a request for sentence reduction on the inmate's behalf; 22
(2) Not later than seven (7) days after the date of the diagnosis, provide the inmate's 23
attorney, family members, or health care designee an opportunity to visit the inmate in person, 24
regardless of whether the inmate is being housed in a prison facility or hospital; 25
(3) Upon request from the inmate, family member or health care designee, ensure that the 26
department personnel assist the inmate, if not represented by counsel, in the preparation, drafting 27
and submission of a motion for sentence reduction, or assist them in preparing a request that counsel 28
be appointed to represent the inmate if the inmate otherwise qualifies for the services of the public 29
defender or court appointed counsel; 30
(4) Not later than fourteen (14) days of receipt of a request for a sentence reduction, process 31
said request; and 32
(5) Ensure that all department facilities regularly and visibly post, including in inmate 33
handbooks, staff training manuals and materials, facility law libraries and medical and hospice 34
LC000106 - Page 4 of 8
facilities, and make available to inmates upon demand, notice of: 1
(i) An inmate's ability to request a sentence reduction pursuant to this chapter; 2
(ii) The procedures and timelines for initiation and resolving requests for sentence 3
reductions; and 4
(iii) The right to reapply to the parole board sixty (60) days after denial of application 5
pursuant to § 13-8.1-4. 6
12-19.4-7. Release of an inmate. 7
(a) An inmate shall be released by the department on the date of the expiration of the 8
inmate's term of imprisonment, less any time credited toward the service of the inmate's sentence 9
as provided in subsection (b) of this section. If the date for an inmate's release falls on a Saturday, 10
Sunday, or legal holiday, the inmate shall be released by the department on the last preceding 11
weekday. 12
(b) An inmate who is serving a term of imprisonment of more than one year, other than a 13
term of imprisonment for the duration of the inmate's life, may receive credit toward the service of 14
the inmate's sentence, beyond the time served, of up to one-hundred twenty (120) days at the end 15
of each year of the inmate's term of imprisonment, beginning at the end of the first year of the term, 16
subject to determination by the department that, during that year, the inmate has displayed 17
exemplary compliance with institutional disciplinary regulations. In the case of an inmate serving 18
a life sentence, the inmate may receive credit toward their parole eligibility date of up to seventy-19
five (75) days at the end of each year. No inmate shall receive credit toward the service of their 20
sentence if the department determines that, during that year, the inmate has not satisfactorily 21
complied with the institutional regulations, or has incurred disciplinary infractions in violation of 22
any institutional regulation. Provided, however, the department may award the inmate such lesser 23
credit as the department determines to be appropriate after considering the nature and frequency of 24
the violations. The department shall also consider whether the inmate, during the relevant period, 25
has earned, or is making satisfactory progress toward earning, a high school or college diploma or 26
equivalent degree or has worked in prison industries, in any form of employment, during the period 27
of their incarceration. 28
(c) The department shall ensure that it has in effect an optional general educational 29
development (GED) program for inmates who have not earned a high school diploma or its 30
equivalent. 31
(d) The department shall ensure that an inmate serving a term of imprisonment spends a 32
portion of the final months of that term, but in no event not more than twelve (12) months, in pre-33
release custody, under conditions that will afford that inmate a reasonable opportunity to adjust to 34
LC000106 - Page 5 of 8
and prepare for the reentry of that inmate into the community. 1
(e) The authority under this chapter may be used to place an inmate in pre-release custody 2
for a term of ten percent (10%) of the remaining term of imprisonment of that inmate or six (6) 3
months, whichever is longer. The department shall place inmates with lower risk levels and lower 4
needs on home confinement for the maximum amount of time permitted under this subsection. 5
Those inmates who are not considered to be low risk levels or those not with lower needs shall also 6
be considered for pre-release custody; provided that, the term in pre-release custody shall not 7
exceed five percent (5%) of the remaining term of imprisonment of that inmate or four (4) months, 8
whichever is longer. 9
(f) The division of parole and probation shall, to the extent practicable, offer assistance 10
with job placement, counseling services and medical services to an inmate during pre-release 11
custody pursuant to subsection (e) of this section. 12
(g) The department shall promulgate rules and regulations to implement the provisions of 13
this chapter pursuant to this section not later than ninety (90) days after the effective date of this 14
chapter, which shall ensure that placement in pre-release custody in a community is: 15
(1) Conducted in a manner consistent with this section; 16
(2) Determined on an individual basis; and 17
(3) Of sufficient duration to provide the greatest likelihood of successful reintegration into 18
the community. 19
12-19.4-8. Allotment of clothing, funds and transportation. 20
Upon the release of an inmate on the expiration of the inmate's term of imprisonment, the 21
department shall furnish the inmate with: 22
(1) Suitable clothing; 23
(2) If the inmate is considered indigent, an amount of money, not more than five hundred 24
dollars ($500), determined by the department to be consistent with the needs of the inmate and the 25
public interest; and 26
(3) Transportation to the inmate's bona fide residence within the state; provided, however, 27
that no transportation shall be provided to a place outside of this state if the inmate is a Rhode 28
Island resident or if the inmate has not obtained approval from the department to transfer inmate's 29
probation/parole to another state. 30
12-19.4-9. Mandatory functional literacy requirement. 31
(a) The department shall have in effect a mandatory functional literacy program for all 32
mentally capable inmates who are not functionally literate in each correctional institution within 33
six (6) months from the effective date of this chapter. 34
LC000106 - Page 6 of 8
(b) Each mandatory functional literacy program shall include a requirement that each 1
inmate participate in such program for a mandatory period sufficient to provide the inmate with an 2
adequate opportunity to achieve functional literacy, and appropriate incentives which lead to 3
successful completion of such programs shall be developed and implemented. 4
(c) Non-English speaking inmates shall be required to participate in an English-as-a-second 5
language program until they function at an eighth grade equivalence on a nationally recognized 6
educational achievement test, or until the expiration of their sentence, whichever comes first. 7
12-19.4-10. Release from confinement. 8
(a) The department shall establish pre-release planning procedures that help inmates 9
acclimate back into society. The planning procedures shall include providing inmates with 10
information in the areas of education, vocational training, employment opportunities, the 11
availability of medical care, mental health and substance abuse counseling and community 12
resources that would otherwise assist them upon their release. 13
(b) The department shall inform a person who is released from prison and required to 14
register under the sexual offender registration and community notification requirements of chapter 15
37.1 of title 11 as they apply to that person. 16
(c) The department shall assist inmates, prior to release from a term of imprisonment, in 17
obtaining a social security card, driver's license or other official photo identification, and a birth 18
certificate. 19
(d) The department, the state and its agencies, officers, and employees shall be immune 20
from liability based on good faith conduct in carrying out the provisions of this section. 21
12-19.4-11. Recidivism prevention. 22
(a) In order to prevent recidivism, increase public safety, rebuild ties between inmates and 23
their families and to encourage the development of and expand the availability of the evidence 24
based programs such as substance abuse treatment, the department, through its division of probation 25
and parole, shall provide sufficient transitional services for up to one year to include education, 26
vocational training, employment opportunities, the availability of medical care, mental health and 27
substance abuse counseling and community resources that would otherwise assist them upon their 28
release. 29
(b) In order to achieve these goals, the department shall: 30
(1) Assess each inmate's skill level, including academic, vocational, health, cognitive, 31
interpersonal, daily living, and related reentry skills, at the beginning of the term of imprisonment 32
of that inmate to identify any areas in need of improvement prior to reentry; 33
(2) Generate a skills development plan for each inmate to monitor skills enhancement and 34
LC000106 - Page 7 of 8
reentry readiness throughout incarceration; 1
(3) Ensure that priority is provided to the reentry needs of high-risk populations, such as 2
sex offenders, career criminals, and inmates with mental health problems; 3
(4) Coordinate and collaborate with other agencies including the department of health and 4
criminal justice community-based organizations, and faith-based organizations to assist in 5
effectuating a seamless reintegration of inmates into communities; 6
(5) Collect information regarding an inmate's family relationships, parental 7
responsibilities, and contacts with children to assist inmates maintain important familial 8
relationships and support systems during incarceration and after release from custody; and 9
(6) Provide incentives, as the department deems appropriate, for inmate participation in 10
skills development programs. 11
12-19.4-12. Elderly and terminally ill inmates. 12
(a) The department shall establish a program to determine the effectiveness of removing 13
eligible elderly inmates and eligible terminally ill inmates from a prison facility and placing such 14
inmates in pre-release custody until the expiration of the prison term to which the inmate was 15
sentenced. 16
(b) In carrying out the program as described in this section, the department may release 17
some or all eligible elderly inmates and eligible terminally ill inmates from a prison facility to pre-18
release custody. 19
(c) A violation by an eligible elderly inmate or eligible terminally ill inmate of the terms 20
of pre-release custody, or the commission of another offense while in pre-release custody, shall 21
result in the return of that inmate to the designated institution in which that inmate was imprisoned 22
immediately before placement in pre-release custody or to another appropriate institution, as 23
determined by the department. 24
SECTION 3. This act shall take effect upon passage. 25
========
LC000106
========
LC000106 - Page 8 of 8
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- THE RHODE ISLAND FIRST STEP ACT
***
This act would establish the Rhode Island first step program requiring the department of 1
corrections to assist inmates with reintegration into society, provide them with counseling, medical 2
care, and education and provide for modification of imprisonment or relocation to pre-release 3
confinement for elderly and terminally ill inmates. 4
This act would take effect upon passage. 5
========
LC000106
========