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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5124 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000106 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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 CRIMINAL PROCEDURE -- THE RHODE ISLAND FIRST STEP ACT |
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| 16 | 16 | | Introduced By: Representatives J. Lombardi, Hull, Ajello, Potter, Stewart, and Felix |
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| 17 | 17 | | Date Introduced: January 22, 2025 |
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| 18 | 18 | | Referred To: House 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. Policy and findings. 1 |
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| 23 | 23 | | The general assembly finds and declares that sentence reductions for various inmates 2 |
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| 24 | 24 | | serving lengthy terms of imprisonment are appropriate and hereby enacts chapter 19.4 of title 12 in 3 |
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| 25 | 25 | | furtherance of that finding. 4 |
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| 26 | 26 | | SECTION 2. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is hereby 5 |
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| 27 | 27 | | amended by adding thereto the following chapter: 6 |
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| 28 | 28 | | CHAPTER 19.4 7 |
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| 29 | 29 | | THE RHODE ISLAND FIRST STEP ACT 8 |
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| 30 | 30 | | 12-19.4-1. Short title. 9 |
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| 31 | 31 | | This chapter shall be known and cited as "The Rhode Island First Step Act". 10 |
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| 32 | 32 | | 12-19.4-2. Definitions. 11 |
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| 33 | 33 | | As used in this chapter: 12 |
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| 34 | 34 | | (1) "Department" means the Rhode Island department of corrections. 13 |
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| 35 | 35 | | (2) "Eligible elderly inmate" means an inmate in the custody of the department: 14 |
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| 36 | 36 | | (i) Who is not less than sixty-five (65) years of age; 15 |
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| 37 | 37 | | (ii) Who has served at least two-thirds (2/3) of the term of imprisonment to which the 16 |
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| 38 | 38 | | inmate was sentenced and in the case of an inmate serving a life sentence, that has served at least 17 |
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| 39 | 39 | | the minimum term of years required before parole eligibility; and 18 |
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| 40 | 40 | | (iii) Who does not have a history of violence while incarcerated, has not attempted to 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000106 - Page 2 of 8 |
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| 44 | 44 | | escape or escaped during the inmate's term of imprisonment and who has not engaged in conduct 1 |
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| 45 | 45 | | which would place the individual at substantial risk of re-offending or endangering any person if 2 |
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| 46 | 46 | | released to pre-release confinement. 3 |
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| 47 | 47 | | (3) "Eligible terminally ill inmate" means an inmate in the custody of the department: 4 |
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| 48 | 48 | | (i) Who has been determined by a licensed physician approved by the department to be: 5 |
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| 49 | 49 | | (A) In need of care at a nursing home, intermediate care facility, or assisted living facility 6 |
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| 50 | 50 | | as those terms are defined in the National Housing Act § 232, (12 U.S.C. 1715w); or 7 |
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| 51 | 51 | | (B) Diagnosed with a terminal illness. 8 |
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| 52 | 52 | | (ii) Who has served at least two-thirds (2/3) of the term of imprisonment to which the 9 |
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| 53 | 53 | | inmate was sentenced and in the case of an inmate serving a life sentence, that has served at least 10 |
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| 54 | 54 | | the minimum term of years required before parole eligibility; and 11 |
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| 55 | 55 | | (iii) Who does not have a history of violence while incarcerated, has not attempted to 12 |
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| 56 | 56 | | escape or escaped during the inmate's term of imprisonment and who has not engaged in conduct 13 |
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| 57 | 57 | | which would place the individual at substantial risk of re-offending or endangering any person if 14 |
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| 58 | 58 | | released to pre-release confinement. 15 |
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| 59 | 59 | | (4) "Functional literacy" means an eighth-grade equivalence in reading and mathematics 16 |
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| 60 | 60 | | on a nationally recognized standardized test or functional competency or literacy on a nationally 17 |
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| 61 | 61 | | recognized criterion-referenced test. 18 |
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| 62 | 62 | | (5) "Prerelease custody" means and shall include home confinement, a residence in a 19 |
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| 63 | 63 | | community treatment center, restitution center, mental health facility, alcohol or drug rehabilitation 20 |
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| 64 | 64 | | center or other community facility or halfway house under the supervision of the department. 21 |
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| 65 | 65 | | (6) "Terminal illness" means a disease or condition with an end-of-life trajectory. 22 |
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| 66 | 66 | | 12-19.4-3. Sentencing factors to be considered. 23 |
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| 67 | 67 | | The court, in determining whether to impose a term of imprisonment for any inmate 24 |
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| 68 | 68 | | convicted of a crime, shall consider the following: 25 |
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| 69 | 69 | | (1) The seriousness of the offense, the history and characteristics of the inmate, the need 26 |
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| 70 | 70 | | for rehabilitation, substance abuse treatment, mental health treatment, the need for educational or 27 |
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| 71 | 71 | | vocational training and the inmate's prior criminal history. 28 |
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| 72 | 72 | | (2) Notwithstanding the provisions of this chapter or the provisions of rules of criminal 29 |
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| 73 | 73 | | procedure for the superior court of Rhode Island, rule 35, a judgment of conviction that includes 30 |
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| 74 | 74 | | such a sentence constitutes a final judgment for all other purposes. 31 |
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| 75 | 75 | | 12-19.4-4. Dignity for female inmates. 32 |
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| 76 | 76 | | (a) The department shall not shackle any female inmate who is pregnant while incarcerated. 33 |
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| 77 | 77 | | This ban shall continue for a period of three (3) months after the ending of the pregnancy. 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000106 - Page 3 of 8 |
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| 81 | 81 | | (b) The department shall provide and make available to all female inmates sanitary napkins 1 |
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| 82 | 82 | | and tampons at no cost. 2 |
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| 83 | 83 | | 12-19.4-5. Modification of an imposed term of imprisonment. 3 |
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| 84 | 84 | | (a) The court may modify a term of imprisonment, upon motion of the department or upon 4 |
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| 85 | 85 | | motion of the inmate if it finds that: 5 |
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| 86 | 86 | | (1) Extraordinary and compelling reasons warrant such a reduction; or 6 |
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| 87 | 87 | | (2) The inmate is at least sixty-five (65) years of age, has served at least two-thirds (2/3) 7 |
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| 88 | 88 | | of the sentence for the offense or offenses for which the inmate is currently imprisoned, and a 8 |
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| 89 | 89 | | determination has been made by the director that the inmate is not a danger to the safety of any 9 |
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| 90 | 90 | | other person or the community. 10 |
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| 91 | 91 | | (b) The court may modify an imposed term of imprisonment to the extent otherwise 11 |
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| 92 | 92 | | expressly permitted by statute or by the rules of criminal procedure for the superior court of Rhode 12 |
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| 93 | 93 | | Island, rule 35. 13 |
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| 94 | 94 | | (c) In the case of an inmate who has been sentenced to a term of imprisonment based on a 14 |
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| 95 | 95 | | sentencing provision that has subsequently been reduced, the court may reduce the term of 15 |
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| 96 | 96 | | imprisonment, after considering the factors set forth in this section. 16 |
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| 97 | 97 | | 12-19.4-6. Notification requirements- Modification based on terminal illness. 17 |
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| 98 | 98 | | Notification. The department shall, subject to any applicable confidentiality requirement, 18 |
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| 99 | 99 | | in the case of an inmate diagnosed with a terminal illness: 19 |
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| 100 | 100 | | (1) Not later than seventy-two (72) hours after the diagnosis, notify the inmate's attorney, 20 |
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| 101 | 101 | | family members, or health care designee of the inmate's condition and advise them that they may 21 |
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| 102 | 102 | | prepare a request for sentence reduction on the inmate's behalf; 22 |
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| 103 | 103 | | (2) Not later than seven (7) days after the date of the diagnosis, provide the inmate's 23 |
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| 104 | 104 | | attorney, family members, or health care designee an opportunity to visit the inmate in person, 24 |
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| 105 | 105 | | regardless of whether the inmate is being housed in a prison facility or hospital; 25 |
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| 106 | 106 | | (3) Upon request from the inmate, family member or health care designee, ensure that the 26 |
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| 107 | 107 | | department personnel assist the inmate, if not represented by counsel, in the preparation, drafting 27 |
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| 108 | 108 | | and submission of a motion for sentence reduction, or assist them in preparing a request that counsel 28 |
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| 109 | 109 | | be appointed to represent the inmate if the inmate otherwise qualifies for the services of the public 29 |
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| 110 | 110 | | defender or court appointed counsel; 30 |
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| 111 | 111 | | (4) Not later than fourteen (14) days of receipt of a request for a sentence reduction, process 31 |
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| 112 | 112 | | said request; and 32 |
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| 113 | 113 | | (5) Ensure that all department facilities regularly and visibly post, including in inmate 33 |
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| 114 | 114 | | handbooks, staff training manuals and materials, facility law libraries and medical and hospice 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000106 - Page 4 of 8 |
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| 118 | 118 | | facilities, and make available to inmates upon demand, notice of: 1 |
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| 119 | 119 | | (i) An inmate's ability to request a sentence reduction pursuant to this chapter; 2 |
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| 120 | 120 | | (ii) The procedures and timelines for initiation and resolving requests for sentence 3 |
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| 121 | 121 | | reductions; and 4 |
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| 122 | 122 | | (iii) The right to reapply to the parole board sixty (60) days after denial of application 5 |
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| 123 | 123 | | pursuant to § 13-8.1-4. 6 |
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| 124 | 124 | | 12-19.4-7. Release of an inmate. 7 |
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| 125 | 125 | | (a) An inmate shall be released by the department on the date of the expiration of the 8 |
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| 126 | 126 | | inmate's term of imprisonment, less any time credited toward the service of the inmate's sentence 9 |
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| 127 | 127 | | as provided in subsection (b) of this section. If the date for an inmate's release falls on a Saturday, 10 |
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| 128 | 128 | | Sunday, or legal holiday, the inmate shall be released by the department on the last preceding 11 |
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| 129 | 129 | | weekday. 12 |
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| 130 | 130 | | (b) An inmate who is serving a term of imprisonment of more than one year, other than a 13 |
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| 131 | 131 | | term of imprisonment for the duration of the inmate's life, may receive credit toward the service of 14 |
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| 132 | 132 | | the inmate's sentence, beyond the time served, of up to one-hundred twenty (120) days at the end 15 |
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| 133 | 133 | | of each year of the inmate's term of imprisonment, beginning at the end of the first year of the term, 16 |
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| 134 | 134 | | subject to determination by the department that, during that year, the inmate has displayed 17 |
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| 135 | 135 | | exemplary compliance with institutional disciplinary regulations. In the case of an inmate serving 18 |
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| 136 | 136 | | a life sentence, the inmate may receive credit toward their parole eligibility date of up to seventy-19 |
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| 137 | 137 | | five (75) days at the end of each year. No inmate shall receive credit toward the service of their 20 |
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| 138 | 138 | | sentence if the department determines that, during that year, the inmate has not satisfactorily 21 |
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| 139 | 139 | | complied with the institutional regulations, or has incurred disciplinary infractions in violation of 22 |
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| 140 | 140 | | any institutional regulation. Provided, however, the department may award the inmate such lesser 23 |
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| 141 | 141 | | credit as the department determines to be appropriate after considering the nature and frequency of 24 |
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| 142 | 142 | | the violations. The department shall also consider whether the inmate, during the relevant period, 25 |
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| 143 | 143 | | has earned, or is making satisfactory progress toward earning, a high school or college diploma or 26 |
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| 144 | 144 | | equivalent degree or has worked in prison industries, in any form of employment, during the period 27 |
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| 145 | 145 | | of their incarceration. 28 |
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| 146 | 146 | | (c) The department shall ensure that it has in effect an optional general educational 29 |
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| 147 | 147 | | development (GED) program for inmates who have not earned a high school diploma or its 30 |
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| 148 | 148 | | equivalent. 31 |
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| 149 | 149 | | (d) The department shall ensure that an inmate serving a term of imprisonment spends a 32 |
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| 150 | 150 | | portion of the final months of that term, but in no event not more than twelve (12) months, in pre-33 |
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| 151 | 151 | | release custody, under conditions that will afford that inmate a reasonable opportunity to adjust to 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000106 - Page 5 of 8 |
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| 155 | 155 | | and prepare for the reentry of that inmate into the community. 1 |
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| 156 | 156 | | (e) The authority under this chapter may be used to place an inmate in pre-release custody 2 |
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| 157 | 157 | | for a term of ten percent (10%) of the remaining term of imprisonment of that inmate or six (6) 3 |
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| 158 | 158 | | months, whichever is longer. The department shall place inmates with lower risk levels and lower 4 |
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| 159 | 159 | | needs on home confinement for the maximum amount of time permitted under this subsection. 5 |
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| 160 | 160 | | Those inmates who are not considered to be low risk levels or those not with lower needs shall also 6 |
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| 161 | 161 | | be considered for pre-release custody; provided that, the term in pre-release custody shall not 7 |
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| 162 | 162 | | exceed five percent (5%) of the remaining term of imprisonment of that inmate or four (4) months, 8 |
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| 163 | 163 | | whichever is longer. 9 |
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| 164 | 164 | | (f) The division of parole and probation shall, to the extent practicable, offer assistance 10 |
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| 165 | 165 | | with job placement, counseling services and medical services to an inmate during pre-release 11 |
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| 166 | 166 | | custody pursuant to subsection (e) of this section. 12 |
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| 167 | 167 | | (g) The department shall promulgate rules and regulations to implement the provisions of 13 |
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| 168 | 168 | | this chapter pursuant to this section not later than ninety (90) days after the effective date of this 14 |
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| 169 | 169 | | chapter, which shall ensure that placement in pre-release custody in a community is: 15 |
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| 170 | 170 | | (1) Conducted in a manner consistent with this section; 16 |
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| 171 | 171 | | (2) Determined on an individual basis; and 17 |
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| 172 | 172 | | (3) Of sufficient duration to provide the greatest likelihood of successful reintegration into 18 |
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| 173 | 173 | | the community. 19 |
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| 174 | 174 | | 12-19.4-8. Allotment of clothing, funds and transportation. 20 |
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| 175 | 175 | | Upon the release of an inmate on the expiration of the inmate's term of imprisonment, the 21 |
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| 176 | 176 | | department shall furnish the inmate with: 22 |
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| 177 | 177 | | (1) Suitable clothing; 23 |
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| 178 | 178 | | (2) If the inmate is considered indigent, an amount of money, not more than five hundred 24 |
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| 179 | 179 | | dollars ($500), determined by the department to be consistent with the needs of the inmate and the 25 |
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| 180 | 180 | | public interest; and 26 |
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| 181 | 181 | | (3) Transportation to the inmate's bona fide residence within the state; provided, however, 27 |
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| 182 | 182 | | that no transportation shall be provided to a place outside of this state if the inmate is a Rhode 28 |
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| 183 | 183 | | Island resident or if the inmate has not obtained approval from the department to transfer inmate's 29 |
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| 184 | 184 | | probation/parole to another state. 30 |
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| 185 | 185 | | 12-19.4-9. Mandatory functional literacy requirement. 31 |
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| 186 | 186 | | (a) The department shall have in effect a mandatory functional literacy program for all 32 |
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| 187 | 187 | | mentally capable inmates who are not functionally literate in each correctional institution within 33 |
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| 188 | 188 | | six (6) months from the effective date of this chapter. 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC000106 - Page 6 of 8 |
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| 192 | 192 | | (b) Each mandatory functional literacy program shall include a requirement that each 1 |
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| 193 | 193 | | inmate participate in such program for a mandatory period sufficient to provide the inmate with an 2 |
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| 194 | 194 | | adequate opportunity to achieve functional literacy, and appropriate incentives which lead to 3 |
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| 195 | 195 | | successful completion of such programs shall be developed and implemented. 4 |
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| 196 | 196 | | (c) Non-English speaking inmates shall be required to participate in an English-as-a-second 5 |
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| 197 | 197 | | language program until they function at an eighth grade equivalence on a nationally recognized 6 |
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| 198 | 198 | | educational achievement test, or until the expiration of their sentence, whichever comes first. 7 |
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| 199 | 199 | | 12-19.4-10. Release from confinement. 8 |
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| 200 | 200 | | (a) The department shall establish pre-release planning procedures that help inmates 9 |
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| 201 | 201 | | acclimate back into society. The planning procedures shall include providing inmates with 10 |
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| 202 | 202 | | information in the areas of education, vocational training, employment opportunities, the 11 |
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| 203 | 203 | | availability of medical care, mental health and substance abuse counseling and community 12 |
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| 204 | 204 | | resources that would otherwise assist them upon their release. 13 |
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| 205 | 205 | | (b) The department shall inform a person who is released from prison and required to 14 |
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| 206 | 206 | | register under the sexual offender registration and community notification requirements of chapter 15 |
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| 207 | 207 | | 37.1 of title 11 as they apply to that person. 16 |
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| 208 | 208 | | (c) The department shall assist inmates, prior to release from a term of imprisonment, in 17 |
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| 209 | 209 | | obtaining a social security card, driver's license or other official photo identification, and a birth 18 |
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| 210 | 210 | | certificate. 19 |
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| 211 | 211 | | (d) The department, the state and its agencies, officers, and employees shall be immune 20 |
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| 212 | 212 | | from liability based on good faith conduct in carrying out the provisions of this section. 21 |
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| 213 | 213 | | 12-19.4-11. Recidivism prevention. 22 |
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| 214 | 214 | | (a) In order to prevent recidivism, increase public safety, rebuild ties between inmates and 23 |
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| 215 | 215 | | their families and to encourage the development of and expand the availability of the evidence 24 |
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| 216 | 216 | | based programs such as substance abuse treatment, the department, through its division of probation 25 |
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| 217 | 217 | | and parole, shall provide sufficient transitional services for up to one year to include education, 26 |
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| 218 | 218 | | vocational training, employment opportunities, the availability of medical care, mental health and 27 |
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| 219 | 219 | | substance abuse counseling and community resources that would otherwise assist them upon their 28 |
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| 220 | 220 | | release. 29 |
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| 221 | 221 | | (b) In order to achieve these goals, the department shall: 30 |
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| 222 | 222 | | (1) Assess each inmate's skill level, including academic, vocational, health, cognitive, 31 |
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| 223 | 223 | | interpersonal, daily living, and related reentry skills, at the beginning of the term of imprisonment 32 |
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| 224 | 224 | | of that inmate to identify any areas in need of improvement prior to reentry; 33 |
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| 225 | 225 | | (2) Generate a skills development plan for each inmate to monitor skills enhancement and 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC000106 - Page 7 of 8 |
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| 229 | 229 | | reentry readiness throughout incarceration; 1 |
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| 230 | 230 | | (3) Ensure that priority is provided to the reentry needs of high-risk populations, such as 2 |
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| 231 | 231 | | sex offenders, career criminals, and inmates with mental health problems; 3 |
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| 232 | 232 | | (4) Coordinate and collaborate with other agencies including the department of health and 4 |
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| 233 | 233 | | criminal justice community-based organizations, and faith-based organizations to assist in 5 |
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| 234 | 234 | | effectuating a seamless reintegration of inmates into communities; 6 |
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| 235 | 235 | | (5) Collect information regarding an inmate's family relationships, parental 7 |
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| 236 | 236 | | responsibilities, and contacts with children to assist inmates maintain important familial 8 |
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| 237 | 237 | | relationships and support systems during incarceration and after release from custody; and 9 |
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| 238 | 238 | | (6) Provide incentives, as the department deems appropriate, for inmate participation in 10 |
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| 239 | 239 | | skills development programs. 11 |
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| 240 | 240 | | 12-19.4-12. Elderly and terminally ill inmates. 12 |
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| 241 | 241 | | (a) The department shall establish a program to determine the effectiveness of removing 13 |
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| 242 | 242 | | eligible elderly inmates and eligible terminally ill inmates from a prison facility and placing such 14 |
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| 243 | 243 | | inmates in pre-release custody until the expiration of the prison term to which the inmate was 15 |
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| 244 | 244 | | sentenced. 16 |
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| 245 | 245 | | (b) In carrying out the program as described in this section, the department may release 17 |
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| 246 | 246 | | some or all eligible elderly inmates and eligible terminally ill inmates from a prison facility to pre-18 |
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| 247 | 247 | | release custody. 19 |
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| 248 | 248 | | (c) A violation by an eligible elderly inmate or eligible terminally ill inmate of the terms 20 |
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| 249 | 249 | | of pre-release custody, or the commission of another offense while in pre-release custody, shall 21 |
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| 250 | 250 | | result in the return of that inmate to the designated institution in which that inmate was imprisoned 22 |
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| 251 | 251 | | immediately before placement in pre-release custody or to another appropriate institution, as 23 |
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| 252 | 252 | | determined by the department. 24 |
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| 253 | 253 | | SECTION 3. This act shall take effect upon passage. 25 |
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| 254 | 254 | | ======== |
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| 255 | 255 | | LC000106 |
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| 256 | 256 | | ======== |
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| 257 | 257 | | |
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| 258 | 258 | | |
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| 259 | 259 | | LC000106 - Page 8 of 8 |
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| 260 | 260 | | EXPLANATION |
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| 261 | 261 | | BY THE LEGISLATIVE COUNCIL |
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| 262 | 262 | | OF |
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| 263 | 263 | | A N A C T |
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| 264 | 264 | | RELATING TO CRIMINAL PROCEDURE -- THE RHODE ISLAND FIRST STEP ACT |
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| 265 | 265 | | *** |
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| 266 | 266 | | This act would establish the Rhode Island first step program requiring the department of 1 |
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| 267 | 267 | | corrections to assist inmates with reintegration into society, provide them with counseling, medical 2 |
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| 268 | 268 | | care, and education and provide for modification of imprisonment or relocation to pre-release 3 |
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| 269 | 269 | | confinement for elderly and terminally ill inmates. 4 |
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| 270 | 270 | | This act would take effect upon passage. 5 |
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| 271 | 271 | | ======== |
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| 272 | 272 | | LC000106 |
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| 273 | 273 | | ======== |
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