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4 | 4 | | |
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5 | 5 | | 2025 -- S 0301 |
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6 | 6 | | ======== |
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7 | 7 | | LC000657 |
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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 CRIMINALS--CORRECTIONAL INSTITUTIONS -- PAROLE |
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16 | 16 | | Introduced By: Senators Quezada, Mack, and Bell |
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17 | 17 | | Date Introduced: February 13, 2025 |
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18 | 18 | | Referred To: Senate 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. Section 13-8-13 of the General Laws in Chapter 13-8 entitled "Parole" is 1 |
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23 | 23 | | hereby amended to read as follows: 2 |
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24 | 24 | | 13-8-13. Life prisoners and prisoners with lengthy sentences. 3 |
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25 | 25 | | (a) In the case of a prisoner sentenced to imprisonment for life, a parole permit may be 4 |
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26 | 26 | | issued at any time after the prisoner has served not less than ten (10) years’ imprisonment; provided 5 |
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27 | 27 | | that: 6 |
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28 | 28 | | (1) In the case of a prisoner serving a sentence or sentences of a length making him or her 7 |
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29 | 29 | | ineligible for a permit in less than ten (10) years, pursuant to §§ 13-8-9 and 13-8-10, the permit 8 |
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30 | 30 | | may be issued at any time after the prisoner has served not less than ten (10) years’ imprisonment; 9 |
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31 | 31 | | (2) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree 10 |
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32 | 32 | | murder committed after July 10, 1989, the permit may be issued only after the prisoner has served 11 |
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33 | 33 | | not less than fifteen (15) years’ imprisonment; 12 |
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34 | 34 | | (3) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree 13 |
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35 | 35 | | murder committed after June 30, 1995, the permit may be issued only after the prisoner has served 14 |
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36 | 36 | | not less than twenty (20) years’ imprisonment; 15 |
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37 | 37 | | (4) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree 16 |
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38 | 38 | | murder committed after July 1, 2015, the permit may be issued only after the prisoner has served 17 |
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39 | 39 | | not less than twenty-five (25) years’ imprisonment; and 18 |
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40 | 40 | | (5) In the case of a prisoner sentenced to imprisonment for life for a crime, other than first- 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC000657 - Page 2 of 4 |
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44 | 44 | | or second-degree murder, committed after July 1, 2015, the permit may be issued only after the 1 |
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45 | 45 | | prisoner has served not less than twenty (20) years’ imprisonment. 2 |
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46 | 46 | | (b) The permit shall be issued only by a unanimous vote of all the attending members of 3 |
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47 | 47 | | the board; provided that not less than four (4) members are present, and whenever, after the issue 4 |
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48 | 48 | | of the permit, the prisoner shall be pardoned, then the control of the board over the prisoner shall 5 |
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49 | 49 | | cease and terminate. 6 |
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50 | 50 | | (c)(1) In the case of a prisoner sentenced to imprisonment for life who is convicted of 7 |
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51 | 51 | | escape or attempted escape from the lawful custody of the warden of the adult correctional 8 |
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52 | 52 | | institutions, the permit may be issued only after the prisoner has served not less than twenty-five 9 |
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53 | 53 | | (25) years’ imprisonment; provided, however, that as to a prisoner who has been sentenced to 10 |
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54 | 54 | | imprisonment for life for a conviction of first- or second-degree murder, committed after July 1, 11 |
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55 | 55 | | 2015, and who is convicted thereafter of escape or attempted escape from the lawful custody of the 12 |
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56 | 56 | | warden of the adult correctional institutions, the permit may be issued only after the prisoner has 13 |
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57 | 57 | | served not less than thirty-five (35) years’ imprisonment; and 14 |
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58 | 58 | | (2) For each subsequent conviction of escape or attempted escape, an additional five (5) 15 |
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59 | 59 | | years shall be added to the time required to be served. 16 |
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60 | 60 | | (d) In the case of a prisoner sentenced consecutively to more than one life term for crimes 17 |
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61 | 61 | | occurring after May 7, 1981, the permit may be issued only after the prisoner has served not less 18 |
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62 | 62 | | than ten (10) years consecutively on each life sentence; provided, in the case of a prisoner sentenced 19 |
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63 | 63 | | consecutively to more than one life term for crimes occurring after June 30, 1995, the permit may 20 |
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64 | 64 | | be issued only after the prisoner has served not less than fifteen (15) years consecutively on each 21 |
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65 | 65 | | life sentence. In the case of a prisoner sentenced consecutively to more than one life term for crimes 22 |
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66 | 66 | | occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less 23 |
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67 | 67 | | than twenty (20) years consecutively on each life sentence. In the case of a prisoner sentenced 24 |
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68 | 68 | | consecutively to more than one life term for crimes, including first- or second-degree murder, 25 |
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69 | 69 | | occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less 26 |
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70 | 70 | | than twenty-five (25) years consecutively on each life sentence. 27 |
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71 | 71 | | (e) Any person sentenced for any offense committed prior to his or her twenty-second 28 |
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72 | 72 | | birthday, other than a person serving life without parole, shall be eligible for parole review and a 29 |
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73 | 73 | | parole permit may be issued after the person has served no fewer than twenty (20) years’ 30 |
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74 | 74 | | imprisonment unless the person is entitled to earlier parole eligibility pursuant to any other 31 |
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75 | 75 | | provisions of law. This subsection shall be given prospective and retroactive effect for all offenses 32 |
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76 | 76 | | occurring on or after January 1, 1991. 33 |
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77 | 77 | | (f) Notwithstanding any other provision of the general or public laws to the contrary, 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC000657 - Page 3 of 4 |
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81 | 81 | | including, but not limited to, §§ 13-8-9 and 13-8-10, but specifically excluding any sentence 1 |
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82 | 82 | | received under chapter 19.2 of title 12, and unless a prisoner is entitled to earlier eligibility for 2 |
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83 | 83 | | parole pursuant to any other provision of law, a prisoner sentenced as an adult for any offense or 3 |
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84 | 84 | | offenses committed prior to the prisoner's eighteenth birthday, shall be eligible for parole review 4 |
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85 | 85 | | and a parole permit may be issued after the prisoner has served no fewer than fifteen (15) years 5 |
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86 | 86 | | imprisonment. 6 |
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87 | 87 | | SECTION 2. This act shall take effect upon passage and shall be given prospective and 7 |
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88 | 88 | | retroactive effect to all offenses occurring on or after January 1, 1991. 8 |
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89 | 89 | | ======== |
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90 | 90 | | LC000657 |
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91 | 91 | | ======== |
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92 | 92 | | |
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93 | 93 | | |
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94 | 94 | | LC000657 - Page 4 of 4 |
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95 | 95 | | EXPLANATION |
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96 | 96 | | BY THE LEGISLATIVE COUNCIL |
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97 | 97 | | OF |
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98 | 98 | | A N A C T |
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99 | 99 | | RELATING TO CRIMINALS--CORRECTIONAL INSTITUTIONS -- PAROLE |
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100 | 100 | | *** |
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101 | 101 | | This act would provide that prisoners who committed offenses prior to age eighteen (18) 1 |
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102 | 102 | | and were sentenced as adults would be eligible for parole after completing fifteen (15) years of 2 |
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103 | 103 | | their sentence. This act would not lengthen their parole eligibility should the prisoner be eligible 3 |
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104 | 104 | | for parole earlier than fifteen (15) years. 4 |
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105 | 105 | | This act would take effect upon passage and would be given prospective and retroactive 5 |
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106 | 106 | | effect to all offenses occurring on or after January 1, 1991. 6 |
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107 | 107 | | ======== |
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108 | 108 | | LC000657 |
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