Senate Bill #6 (2017)

AN ACT RELATING TO CRIMINAL PROCEDURE - CORRECTIONS - BATTERERS INTERVENTION PROGRAMS AND PROBATION SUPERVISION

Creates a batterers intervention program fund and also adopts evidence-based probation and parole supervision systems.

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  • 2017 – S 0006
  • 2017 – S 0006 SUBSTITUTE A
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  • LC000237
  • LC000237/SUB A
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  • 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. 2017
  • ____________
  • A N A C T
  • RELATING TO CRIMINAL PROCEDURE - CORRECTIONS - BATTERERS
  • INTERVENTION PROGRAMS AND PROBATION SUPERVISION
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO CRIMINAL PROCEDURE - CORRECTIONS - BATTERERS
  • INTERVENTION PROGRAMS AND PROBATION SUPERVISION
  • Introduced By: Senators McCaffrey, Goodwin, Nesselbush, Coyne, and Metts
  • Date Introduced: January 11, 2017
  • Referred To: Senate Judiciary
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Section 12-29-5.2 of the General Laws in Chapter 12-29 entitled "Domestic Violence Prevention Act" is hereby amended to read as follows:
  • SECTION 1. Section 12-29-5.2 of the GeneralLaws in Chapter 12-29 entitled "Domestic Violence Prevention Act"is hereby amended to read as follows:
  • 12-29-5.2. Duties and responsibilities of committee.
  • (a) The committee shall have the duties and responsibilities to:
  • (a) The committee shallhave the duties and responsibilities to:
  • (1) Establish and promulgate minimum standards for batterers intervention programs serving persons mandated pursuant to § 12-29-5, revise the standards as is deemed necessary, ensure the standards comport with evidence-informed practices designed to reduce risk, and make the standards available to the public, provided that the standards shall include, but not be limited to, the following:
  • (i) Batterers intervention programs shall be conducted using evidence-informed programming and dosage levels designed to reduce the risk of future violent behavior in the context of psycho-educational groups, i.e., groups of domestic violence perpetrators led by one or more professional group leaders trained and experienced in batterers intervention programming and conducted for the purposes of learning and enacting non-abusive behaviors through didactic instruction, interaction among participants and leaders, and teaching of skills within the groups;
  • (ii) The duration of batterers intervention programs shall be a minimum of forty (40) contact hours over the course of twenty (20) weeks;
  • (iii) Batterers intervention programs shall require that all mandated batterers pay fees for the programs in accordance with the provisions of § 12-29-5; provided, that programs shall accommodate varying levels of ability to pay by means of sliding fee scales and may elect to offer alternatives to payment in the form of community restitution and/or deferred payment for a portion of the fees; and
  • (iv) Provisions shall be established defining the circumstances under which defendants who have attended a batterers program while incarcerated, and/or a batterers program in another jurisdiction which is certified under that jurisdiction's standards or not subject to standards in that jurisdiction, may request that their documented participation in such program be accepted in satisfaction of some portion of their obligation to attend forty (40) hours of a certified batterers intervention program as described in subdivision 12-29-5.2(a)(1)(ii).
  • (2) Monitor and review batterers intervention programs seeking certification with respect to compliance with the standards, including periodic on-site review;
  • (3) Certify those batterers intervention programs which are in compliance with the standards established pursuant to subdivision (1) of this subsection; and
  • (4) Investigate and decide appeals, complaints, requests for variances, and post- enrollment certification applications.
  • (b) For purposes of this chapter, "post-enrollment certification applications" means those applications made to the committee by a batterer mandated to attend a certified batterers intervention program in accordance with § 12-29-5 who has, prior to adjudication, enrolled in a program not certified by the committee. The application shall include supporting documentation from the batterers intervention program and a request that participation in the batterers intervention program be accepted in lieu of the equivalent number of hours of a certified batterers intervention program. The committee shall act upon a post-enrollment certification application within thirty (30) days of receipt of the application.
  • (c) There is hereby created a batterers intervention program fund to be administered by the state public safety grant administration office. The fund shall consist of monies appropriated for the purposes of providing access to, and expansion and improvement of, community-based batterers intervention programs. The batterers intervention standards oversight committee shall make recommendations to the public safety grant administration policy board regarding the distribution of the monies in the fund in the form of grants to programs to cover the costs of delivering quality services to indigent offenders, and to assist community providers and their staffs to utilize outcome-based best practices and effective programming methods.
  • SECTION 2. Sections 42-56-1 and 42-56-7 of the General Laws in Chapter 42-56 entitled "Corrections Department" are hereby amended to read as follows:
  • 42-56-1. Declaration of policy.
  • (a) The legislature general assembly finds and declares that:
  • (c) The state public safety grant administration office may provide grants to provide for the access to, and expansion and improvement of, community-based batterers intervention programs. The batterers intervention standards oversight committee shallmake recommendations to the public safety grant administration policy board regarding the distribution of funds in the form of grants to programs to cover the costs of delivering quality services to indigent offenders, and to assist community providers and their staffs to utilize outcome-based best practices and effective programming methods.
  • SECTION 2. Sections 42-56-1 and 42-56-7 of the General Laws in Chapter 42-56 entitled "Corrections Department"are hereby amended to read as follows:
  • 42-56-1. Declaration of policy.
  • LC000237/SUB A - Page 2of 6
  • (a) The legislature generalassembly finds and declares that:
  • (1) The state has a basic obligation to protect the public by providing institutional confinement and care of offenders and, evidence-based probation and parole supervision and where appropriate, treatment in the community;
  • (2) Efforts to rehabilitate and restore criminal offenders as law-abiding and productive members of society are essential to the reduction of crime;
  • (2) Efforts to rehabilitate and restore criminal offenders as law-abiding and productive members of society are essentialto the reduction of crime;
  • (3) Upgrading of Maintaining the quality and effectiveness of correctional institutions and rehabilitative services, both inside and outside correctional institutions, deserves priority consideration as a means of lowering crime rates and of preventing offenders, particularly youths, first-offenders, and misdemeanants, from becoming trapped in careers of crime; and
  • (4) Correctional institutions, supervision and services should be so diversified in program and personnel as to facilitate individualized treatment.
  • (b) The purpose of this chapter is to establish a department of state government to provide for the supervision, custody, care, discipline, training, and treatment, and study of persons committed to state correctional institutions or on probation or parole, so that those persons may be prepared for release, aftercare, and supervision in the community.
  • 42-56-7. Parole and probation.
  • (a) Authority. The division of rehabilitative services, subject to the authority of the director, shall perform the functions relating to the parole and probation of adults as prescribed by this chapter and chapters 18 and 19 of title 12, and under those rules and regulations adopted by the director of corrections with the approval of the governor and the parole board in the executive department.
  • (b) Assessments. The division of rehabilitative services shall adopt risk and needs screens and assessments and behavioral health assessments that are validated at least once every five (5) years for the purpose of informing the following decisions:
  • (a) Authority. The division of rehabilitative services, subject to the authority of the director, shall perform the functions relating to the parole and probation of adults as prescribed by this chapter and chapters 18 and 19 of title 12, and under those rules and regulations adopted by the director of corrections with the approvalof the governor and the parole board in the executive department.
  • (b) Assessments. The division of rehabilitative services shalladopt risk and needs screens and assessments and behavioral health assessments that are validated at least once every five (5) years for the purpose of informing the following decisions:
  • (1) Probation supervision intensity, case management, and treatment objectives, adopted in collaboration with the superior courts;
  • (2) Correctional treatment and classification; and
  • (3) Parole supervision intensity, case management, and treatment objectives, adopted in collaboration with the parole board, and parole release decisions, adopted in collaboration with, and for implementation by, the parole board.
  • (c) Special conditions. The assessment implemented under subsection (b)(1) of this section should be performed prior to placement on probation, whenever possible, to support judicial decisions affecting conditions of supervision under §12-19-8.1.
  • LC000237/SUB A - Page 3of 6
  • (d) Supervision. The division of rehabilitative services shall:
  • (1) Provide limited supervision for probationers who qualify based on offense level, time under supervision without a violation, and the results from a validated risk and needs assessment;
  • (2) Provide high-intensity supervision and treatment for probationers who, based on screening and assessments, are high risk to re-offend and present high needs for behavioral health services;
  • (2) Provide high-intensity supervision and treatment for probationers who, based on screening and assessments, are high risk to re-offend and present high needs for behavioralhealth services;
  • (3) Collaborate with the executive office of health and human services to implement Medicaid payment incentives designed to ensure timely access to quality behavioral health treatment and cognitive-behavioral programs for probationers; and
  • (4) Require that program providers serving probationers pursuant to a contract with the department use cognitive-behavioral programs to reduce criminal thinking.
  • (e) Behavioral change guidelines. The division of rehabilitative services shall adopt guidelines for probation and parole officers, governing:
  • (1) Incentives for compliance and pro-social behaviors; and
  • (2) Swift, certain and proportionate non-confinement sanctions in response to corresponding violations of probation conditions.
  • (1) Incentives for compliance and risk-reducing behavior;
  • (2) Swift, certain and proportionate non-confinement sanctions in response to corresponding violations of probation conditions; and
  • (3) The use of confinement as a sanction after the consideration of all other appropriate non-confinement sanctions in response to corresponding violations of probation conditions.
  • (f) Training. The division of rehabilitative services shall organize and conduct evidence- based training programs for probation and parole officers. The training shall include:
  • (1) Scoring and use of validated risk and needs assessments under subsection (b) of this section;
  • (2) Risk-based supervision strategies;
  • (3) Cognitive behavioral interventions;
  • (4) Targeting criminal risk factors to reduce recidivism;
  • (5) Use of incentives for compliance and pro-social behaviors;
  • (6) Use of and swift, certain and proportionate non-confinement sanctions in response to corresponding violations of probation conditions pursuant to subsection (d)(2) of this section;
  • (5) Use of incentives for compliance and risk-reducing behavior;
  • (6) Use of and swift, certain and proportionate sanctions in response to corresponding violations of probation conditions pursuant to subsection (d)(2) of this section;
  • (7) Recognizing symptoms of substance use and mental health needs and making treatment referrals; and
  • (8) De-escalating erratic criminal behavior.
  • (g) All probation and parole officers employed on or after the effective date of this act shall complete the training requirements set forth in this section. Selected probation and parole officers shall become trainers to ensure sustainability of these training requirements.
  • (h) Information. The division of rehabilitative services shall develop or adopt an automated case management and reporting system for probation and parole officers.
  • (i) Implementation. Deadlines for implementation of this section by the department of corrections shall be as follows: subsection (b) (initial assessment validation), subsection (c) (special condition recommendations), subsection (d) (supervision intensity), and subsection (f) (for training of existing probation and parole officers), one year from the effective date of this section; subsection (e) (behavior change guidelines), six (6) months from the effective date of this section; subsection (f) (for training of new probation and parole officers) and subsection (g) (case management system), two (2) years from the effective date of this section.
  • LC000237/SUB A - Page 4of 6
  • (h) Information. The division of rehabilitative services shall develop or adopt an automated case management and reporting system for probation and parole officers.
  • (i) Implementation. Deadlines for implementation of this section by the department of corrections shall be as follows: subsection (b) (initial assessment validation), subsection (c) (special condition recommendations), subsection (d) (supervision intensity), and subsection (f) (for training of existing probation and parole officers), one year from the effective date of this section; subsection (e) (behavior change guidelines), six (6) months from the effective date of this section; subsections (f) and (g) (for training of new probation and parole officers) and subsection (h) (case management system), two (2) years from the effective date of this section.
  • SECTION 3. Chapter 42-18 of the General Laws entitled "Department of Health," is hereby amended by adding thereto the following section:
  • 42-18-8. Cooperation with the department of corrections.
  • The director of the department of health shall coordinate and cooperate with the director of the department of corrections to ensure collaboration around existing department of health programs and initiatives, with regard to people under the care of the department of corrections, on probation, during incarceration, and upon release to the community.
  • SECTION 4. This act shall take effect upon passage.
  • SECTION 4. This act shalltake effect upon passage.
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  • LC000237
  • LC000237/SUB A
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO CRIMINAL PROCEDURE - CORRECTIONS - BATTERERS
  • INTERVENTION PROGRAMS AND PROBATION SUPERVISION
  • ***
  • This act would create a batterers intervention program fund. The act would also adopt evidence-based probation and parole supervision systems.
  • This act would take effect upon passage. ======== LC000237 ========
  • LC000237/SUB A - Page 5of 6
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO CRIMINAL PROCEDURE - CORRECTIONS - BATTERERS
  • INTERVENTION PROGRAMS AND PROBATION SUPERVISION
  • ***
  • This act would create a batterers intervention program fund. The act would also adopt evidence-based probation and parole supervision systems.
  • This act would take effect upon passage. ======== LC000237/SUB A ========
  • LC000237/SUB A - Page 6of 6

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

February 02, 2017 at 4:29pm
Yeas: 37 / Nays: 0 / Not voting: 1 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte Y
Sen. DiPalma Y
Sen. Doyle NV
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Kettle Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Nesselbush Y
Sen. Paiva Weed Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y

Floor vote for RELATING TO CRIMINAL PROCEDURE -

September 19, 2017 at 8:45pm
Yeas: 63 / Nays: 0 / Not voting: 12 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore NV
Rep. Azzinaro Y
Rep. Barros NV
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson NV
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz NV
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin NV
Rep. McNamara Y
Rep. Mendonca NV
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo NV
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady NV
Rep. Perez Y
Rep. Phillips Y
Rep. Price NV
Rep. Quattrocchi NV
Rep. Ranglin-Vassell NV
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh NV
Rep. Williams Y
Rep. Winfield Y