Rhode Island 2025 Regular Session

Rhode Island House Bill H5357 Compare Versions

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

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5	5	2025 -- H 5357
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7	7	LC000441
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT
16	16	Introduced By: Representatives Ajello, Morales, Cruz, Felix, Tanzi, Craven, Shallcross
17	17	Smith, Speakman, Boylan, and McGaw
18	18	Date Introduced: February 07, 2025
19	19	Referred To: House Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 42-56-20.3 of the General Laws in Chapter 42-56 entitled 1
24	24	"Corrections Department" is hereby amended to read as follows: 2
25	25	42-56-20.3. Community correctional program for women offenders. 3
26	26	(a) Program established. In addition to the provisions of § 42-56-20.2, there shall be 4
27	27	established within the department of corrections a community correctional program for women 5
28	28	offenders. Notwithstanding any provision to the contrary, the department of corrections may 6
29	29	contract with private agencies to carry out the provisions of this section. The civil liability of these 7
30	30	agencies and their employees, acting within the scope of their employment, and carrying out the 8
31	31	provisions of this section, shall be limited in the same manner and dollar amount as if they were 9
32	32	agencies or employees of the state. 10
33	33	(b) Persons subject to this section. Every person who is either sentenced to imprisonment 11
34	34	in the women’s division of the adult correctional institutions for a term of two (2) years or less or 12
35	35	awaiting trial at the women’s division of the adult correctional institutions shall be eligible to serve 13
36	36	in the community confinement program for women offenders under the provisions of this section. 14
37	37	(c) Terms of community correctional program. 15
38	38	(1) The director, or the director’s designee, shall refer persons eligible to serve in the 16
39	39	community correctional program to the program director of the community correctional program. 17
40	40	The program director shall be responsible for developing with each person an individualized plan, 18
41	41	which shall be designed toward providing her an opportunity for rehabilitation and restitution. Each 19
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44	44	LC000441 - Page 2 of 3
45	45	plan shall assess the need for, and provide for, employment, vocational or academic education, 1
46	46	housing, restitution, community service, or any other social service or counseling need appropriate 2
47	47	to the particular woman. Each plan shall be submitted to the director of the department of 3
48	48	corrections, or the director’s designee, for approval. 4
49	49	(2) Upon approval by the director, or the director’s designee, of the plan, the plan shall be 5
50	50	submitted to the sentencing judge for the sentencing judge’s approval. Upon the court’s approval, 6
51	51	the person shall be released from the adult correctional institutions for participation in the 7
52	52	community correctional program. The supervision of persons so released shall be conducted by the 8
53	53	director, or the director’s designee. The director, or the director’s designee, shall have the full power 9
54	54	and authority set forth in § 42-56-20.2. 10
55	55	(d) Violations. Any person serving in the community correctional program who is found 11
56	56	to be a violator of any of the terms and conditions imposed upon her according to her plan, this 12
57	57	section or any rules, regulations, or restrictions issued pursuant hereto shall serve the balance of 13
58	58	her sentence in a classification deemed appropriate by the director. 14
59	59	(e) Costs. 15
60	60	(1) Assessment of additional penalty for prostitution-related offenses. There shall be 16
61	61	assessed as a penalty, in addition to those provided by law, against all defendants charged under § 17
62	62	11-34.1-1 et seq., who plead nolo contendere or guilty, or who are found guilty of the commission 18
63	63	of those crimes as follows: 19
64	64	(i) Where the offense charged is a felony, the assessment shall be in the amount of five 20
65	65	hundred dollars ($500), or ten percent (10%) of any fine imposed on the defendant by the court, 21
66	66	whichever is greater; 22
67	67	(ii) Where the offense charged is a misdemeanor, the assessment shall be in the amount of 23
68	68	three hundred and fifty dollars ($350), or ten percent (10%) of any fine imposed on the defendant 24
69	69	by the court, whichever is greater; 25
70	70	(iii) Costs shall be assessed whether or not the defendant is sentenced to prison. 26
71	71	(2) When there are multiple counts or multiple charges to be disposed of simultaneously, 27
72	72	the judge may, in the judge’s discretion, suspend the obligation of the defendant to pay on more 28
73	73	than three (3) counts or charges. 29
74	74	(3) The assessment shall be deposited as general revenues. 30
75	75	SECTION 2. This act shall take effect upon passage. 31
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82	82	EXPLANATION
83	83	BY THE LEGISLATIVE COUNCIL
84	84	OF
85	85	A N A C T
86	86	RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT
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88	88	This act would repeal provisions that assess costs for women in the community corrections 1
89	89	program for women offenders. 2
90	90	This act would take effect upon passage. 3
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92	92	LC000441
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