Senate Bill #933 (2019)

AN ACT RELATING TO CRIMINALS--CORRECTIONAL INSTITUTIONS -- PAROLE

This act would, upon its own motion or upon request of a parolee, enable the parole board to terminate a parolee's supervision and legal custody order. Prisoners with a life sentence for first and second degree murder are excluded.

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Changes since original draft

  • 2019 – S 0933
  • 2019 – S 0933 SUBSTITUTE A
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  • LC002717
  • LC002717/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. 2019
  • ____________
  • A N A C T
  • RELATING TO CRIMINALS–CORRECTIONAL INSTITUTIONS – PAROLE
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO CRIMINALS–CORRECTIONAL INSTITUTIONS – PAROLE
  • Introduced By: Senators Quezada, Goodwin, and Metts
  • Date Introduced: May 30, 2019
  • Referred To: Senate Judiciary
  • It is enacted by the General Assembly as follows:
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Chapter 13-8 of the General Laws entitled "Parole" is hereby amended by adding thereto the following section:
  • 13-8-35. Early termination of parole.
  • (a) Upon its own motion or upon request of a parolee, the parole board may terminate a parolee's supervision, and legal custody over the parolee and subsequent probation, before the sentence expires.
  • 13-8-35. Early termination of parole supervision.
  • (a) Upon its own motion or upon request of a parolee, the parole board may terminate a parolee's supervision before the sentence expires.
  • (1) Seven (7) years after releasing a prisoner on supervision, and at least annually thereafter, the parole board shall review the status of the parolee to determine the need for continued supervision. The parole board shall also conduct a status review whenever the supervision officer recommends early termination of the parolee's supervision.
  • (2) Seven (7) years after releasing a prisoner on supervision, excluding a parolee serving a life sentence for first or second degree murder, the parole board shall terminate supervision over the parolee unless the parole board determines, after a hearing in accordance with this chapter, that such supervision should not be terminated because there is a likelihood that the parolee will engage in conduct violating any criminal law. If the parole board does not terminate supervision under this subsection, the parolee may request a hearing annually thereafter, and the parole board shall conduct an early termination hearing at least every two (2) years.
  • (2) Seven (7) years after releasing a prisoner on supervision, excluding a parolee serving a life sentence for first or second degree murder, the parole board shallterminate supervision over the parolee unless the parole board determines, after a hearing in accordance with this chapter, that such supervision should not be terminated because there is a likelihood that the parolee will engage in conduct violating any criminal law. If the parole board does not terminate supervision under this subsection, the parolee may request a hearing annually thereafter, and the parole board shall conduct an early termination hearing at least every two (2) years.
  • (3) In calculating the two (2) year and seven (7) year periods provided in this section, the parole board shall not include any period of parole before the recent release, or any period served in confinement or any other sentence.
  • (4) A parolee may not appeal an adverse decision under this section.
  • (b) In determining whether to grant early termination from supervision, the parole board shall consider its guidelines under this section. The guidelines are advisory and the parole board may disregard the outcome indicated by the guidelines based on case-specific factors. Termination of supervision is indicated if the parolee:
  • (b) The parole board shall promulgate guidelines which effectuate the purpose of this section, which is to provide a mechanism for eliminating supervision on parole, in deserving cases, consistent with the rehabilitative and reentry needs of the parolee and the promotion of public safety.
  • In determining whether to grant early termination from supervision, the parole board shall consider its guidelines and promulgate new guidelines so as to effectuate the purpose of this section which is to provide a mechanism for eliminating supervision on parole in deserving cases consistent with the rehabilitative and reentry needs of the parolee and the promotion of public safety. Termination of supervision is indicated if the parolee:
  • (1) Has been on supervised parole for the required period;
  • (2) Has observed all the laws within and without the state;
  • (2) Has observed allthe laws within and without the state;
  • (3) Has been employed and remains employed at the time of the request; and
  • (4) Has completed seven (7) continuous years of supervision and is free from an incident of new criminal behavior or serious parole violation;
  • (c) As used in this section, the term an incident of new criminal behavior or serious parole violation includes a new arrest or report of a parole violation if supported by substantial evidence of guilt, even if no conviction or parole revocation results. The parole board shall not terminate supervision until it determines the disposition of a pending criminal charge.
  • (d) Case-specific factors that may justify a departure either above or below the early termination may relate to the current behavior of the parolee, or the parolees background and criminal history.
  • SECTION 2. This act shall take effect upon passage.
  • (c) As used in this section, the term an "incident of new criminal behavior" or "serious parole violation" includes a new arrest or report of a parole violation, if supported by substantial evidence of guilt, even if no conviction or parole revocation results. The parole board shall not terminate supervision until it determines the disposition of a pending criminal charge.
  • (d) Case-specific factors that may justify a departure either above or below the early termination may relate to the current behavior of the parolee, or the parolee's background and criminal history.
  • SECTION 2. This act shalltake effect upon passage.
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  • LC002717
  • LC002717/SUB A
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  • LC002717/SUB A - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO CRIMINALS–CORRECTIONAL INSTITUTIONS – PAROLE
  • ***
  • This act would, upon its own motion or upon request of a parolee, enable the parole board to terminate a parolee's supervision and legal custody order. Prisoners with a life sentence for first and second degree murder are excluded.
  • This act would take effect upon passage. ======== LC002717 ========
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO CRIMINALS–CORRECTIONAL INSTITUTIONS – PAROLE
  • ***
  • This act would, upon its own motion or upon request of a parolee, enable the parole board to terminate a parolee's supervision and legal custody order in accordance with guidelines it is authorized to promulgate. Prisoners with a life sentence for first and second degree murder are excluded.
  • This act would take effect upon passage. ======== LC002717/SUB A ========
  • LC002717/SUB A - Page 3of 3

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

June 26, 2019 at 5:32pm
Yeas: 37 / Nays: 0 / Not voting: 1 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Bell Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Coyne Y
Sen. Crowley Y
Sen. Cruz Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo NV
Sen. Goldin Y
Sen. Goodwin Y
Sen. Lawson Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. McKenney Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Murray Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y
Sen. Valverde Y