Rhode Island 2025 Regular Session

Rhode Island House Bill H5362 Compare Versions

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

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5	5	2025 -- H 5362
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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	RELATED TO CRIMINAL PROCEDURE -- SENTENCING RECONSIDE RATION ACT
16	16	Introduced By: Representatives Casimiro, Spears, Felix, Morales, Cruz, J. Lombardi,
17	17	Place, McEntee, Caldwell, and Craven
18	18	Date Introduced: February 07, 2025
19	19	Referred To: House Judiciary
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21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is hereby 1
24	24	amended by adding thereto the following chapter: 2
25	25	CHAPTER 19.4 3
26	26	SENTENCING RECONSIDERATION ACT 4
27	27	12-19.4-1. Short title. 5
28	28	This chapter shall be known and may be cited as “The Sentencing Reconsideration Act.” 6
29	29	12-19.4-2. Purpose and intent. 7
30	30	This chapter aims to create a fair and just process for sentence reconsideration based 8
31	31	on demonstrated rehabilitation, changes in law, and other compelling factors. It allows eligible 9
32	32	individuals to request sentence reductions and provides guidance to the judiciary for evaluating 10
33	33	sentencing reconsideration motions. This chapter acknowledges that people change over time and 11
34	34	provides a mechanism for sentences to be revisited in cases where original sentencing goals are 12
35	35	satisfied or where new circumstances justify a reevaluation. 13
36	36	12-19.4-3. Eligibility for sentencing reconsideration. 14
37	37	(a) With regard to eligibility criteria, a defendant shall have served at least ten (10) 15
38	38	years of their sentence of incarceration to apply for a sentencing reconsideration. 16
39	39	(b) With regard to exclusions, relief under this chapter shall not apply to: 17
40	40	(1) Sentences of life without parole; or 18
41	41	(2) Mandatory sentences of incarceration. 19
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45	45	12-19.4-4. Grounds for reconsideration. 1
46	46	The court may consider the following factors when evaluating a motion for 2
47	47	reconsideration: 3
48	48	(1) Rehabilitative efforts: 4
49	49	(i) Documented evidence of rehabilitation, including educational achievements, vocational 5
50	50	training, participation in treatment programs, and positive contributions to the facility or 6
51	51	community; 7
52	52	(ii) Testimonials from prison staff, community members, or professionals detailing the 8
53	53	individual’s progress and personal growth; 9
54	54	(iii) Efforts to address underlying causes of criminal behavior including, but not limited to, 10
55	55	substance use, mental health, and childhood trauma. 11
56	56	(2) Changes in law: Any amendments to federal or state laws that would have affected the 12
57	57	individual’s sentence if applied retroactively. In such cases, judicial discretion shall be used to 13
58	58	evaluate whether legislative intent suggests a reduction in penalties or reconsideration. 14
59	59	(3) Sentencing disparities: Consideration of whether sentencing disparities among co-15
60	60	defendants or other cases might justify a reduction. 16
61	61	(4) Compassionate considerations: Age at the time of the offense, age at the time of the 17
62	62	motion for sentence reconsideration, mental and physical health conditions, and any other factor 18
63	63	consistent with the purpose and intent of this chapter that the court determines to be appropriate. 19
64	64	12-19.4-5. Process and procedure. 20
65	65	(a) The defendant or their legal representative may file a motion for sentence 21
66	66	reconsideration, along with supporting documentation. The motion should include a statement 22
67	67	detailing rehabilitative efforts, certificates, evidence of changes in law, and any additional factors 23
68	68	for consideration. 24
69	69	(b) The court shall hold a meaningful hearing to evaluate the motion. During this hearing, 25
70	70	the individual, their legal counsel, the prosecution, and any relevant witnesses may present 26
71	71	evidence, testimony, and/or arguments. An applicant who is indigent shall be entitled to be 27
72	72	represented by court appointed counsel. Such indigent applicant is entitled, to the extent deemed 28
73	73	appropriate by the court, to be provided with stenographic, printing, and other costs necessary to 29
74	74	proceed under this chapter. 30
75	75	(c) In evaluating the motion, the court shall assess the following pursuant to this chapter: 31
76	76	(1) Whether the defendant is eligible for consideration; 32
77	77	(2) Whether the grounds for reconsideration outlined in this section, along with other 33
78	78	factors establish significant evidence in support of a reduced sentence; 34
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82	82	(3) The impact statement, if any, of any victim(s); 1
83	83	(4) The nature and circumstances of the underlying offense; 2
84	84	(5) Any potential risk to public safety if the defendant’s sentence were to be reduced. 3
85	85	(d) After hearing thereon, notwithstanding any other provision of law to the contrary, the 4
86	86	court may reduce the defendant’s sentence if it finds, by clear and convincing evidence, that 5
87	87	grounds exist to warrant a sentence modification. The court may impose a revised term of probation 6
88	88	or suspended sentence, with or without conditions. The revised sentence shall not exceed the 7
89	89	unserved portion of the original term of imprisonment. The court shall set forth its findings in 8
90	90	support of the decision. A judgment reflecting the revised sentence and/or conditions of release 9
91	91	shall enter. 10
92	92	(e) Should the defendant’s motion be denied, in whole or in part, the defendant may not 11
93	93	file a successive motion for reconsideration until at least five (5) years have elapsed after the date 12
94	94	the motion was denied in the superior court. 13
95	95	(f) An aggrieved party seeking review of a final judgment entered in a proceeding brought 14
96	96	under this chapter shall do so by filing a petition for writ of certiorari in accordance with the 15
97	97	supreme court rules of appellate procedure within sixty (60) days of the entry of the final judgment. 16
98	98	12-19.4-6. Victim’s rights. 17
99	99	Consistent with Article 1, Section 23 of the Constitution of Rhode Island and chapter 28 18
100	100	of title 12, the rights of the victim of the defendant’s crime shall include the following: 19
101	101	(1) To be given notice to address the court at the hearing regarding the impact of the crime 20
102	102	upon them; 21
103	103	(2) To be afforded the opportunity to make a statement at the hearing either in person or in 22
104	104	writing regarding the impact of the defendant’s criminal conduct; and 23
105	105	(3) To be notified by the department of attorney general of any such disposition of the 24
106	106	motion. 25
107	107	12-19.4-7. Severability. 26
108	108	If any section or provision of this chapter is found to be invalid or unconstitutional, the 27
109	109	remaining sections or provisions shall continue in full force and effect. 28
110	110	SECTION 2. Section 8-2-17 of the General Laws in Chapter 8-2 entitled "Superior Court" 29
111	111	is hereby amended to read as follows: 30
112	112	8-2-17. Jurisdiction of appeals, statutory proceedings, and probate matters. 31
113	113	The superior court shall have jurisdiction of such appeals and statutory proceedings as may 32
114	114	be provided by law, and may exercise general probate jurisdiction in all cases brought before it on 33
115	115	appeal from probate courts, or when such jurisdiction is properly involved in suits in equity as well 34
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119	119	as jurisdiction regarding motions brought pursuant to chapter 19.4 of title 12. 1
120	120	SECTION 3. This act shall take effect upon passage and shall have both retroactive and 2
121	121	prospective application. Any applicable sentences imposed before or after its effective date shall 3
122	122	be eligible for consideration by the court. 4
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129	129	EXPLANATION
130	130	BY THE LEGISLATIVE COUNCIL
131	131	OF
132	132	A N A C T
133	133	RELATED TO CRIMINAL PROCEDURE -- SENTENCING RECONSIDERATION ACT
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135	135	This act would allow eligible individuals serving lengthy sentences of imprisonment to 1
136	136	seek a sentence reduction from the superior court, no sooner than ten (10) years from the date of 2
137	137	imprisonment, based on several factors to include, but not be limited to, rehabilitation and changes 3
138	138	in the law. Those individuals serving life without parole or minimum mandatory sentences pursuant 4
139	139	to law, shall not be eligible for such relief. 5
140	140	This act would take effect upon passage and would have both retroactive and prospective 6
141	141	application. Any applicable sentences imposed before or after its effective date would be eligible 7
142	142	for consideration by the court. 8
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