2012 -- H 8142

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LC02532

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CORRECTIONS -- EARLY RELEASE CREDIT

     Introduced By: Representatives Tanzi, Walsh, Lally, Marcello, and Dickinson

     Date Introduced: May 09, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 42-56-24 and 42-56-26 of the General Laws in Chapter 42-56

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entitled "Corrections Department" are hereby amended to read as follows:

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     42-56-24. Earned time for good behavior or program participation or completion. --

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(a) A person serving a sentence of a violation of sections 11-5-1, 11-23-1, 11-26-1.4, 11-37-2, 11-

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37-8.1 and/or 11-37-8.3, shall not be eligible to earn time off his or her term or terms of

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incarceration for good behavior.

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     (a)(b) The director, or his or her designee, shall keep a record of the conduct of each

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prisoner, and for each month that a prisoner who has been sentenced to imprisonment for six (6)

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months or more and not under sentence to imprisonment for life, appears by the record to have

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faithfully observed all the rules and requirements of the institutions and not to have been

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subjected to discipline, and is serving a sentence imposed for violation of sexual offenses under

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sections 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1 and 11-37-8.3 or 11-9-1.3 there shall,

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with the consent of the director of the department of corrections, or his or her designee, upon

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recommendation to him or her by the assistant director of institutions/operations, be deducted

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from the term or terms of sentence of that prisoner the same number of days that there are years

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in the term of his or her sentence; provided, that when the sentence is for a longer term than ten

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(10) years, only ten (10) days shall be deducted for one month's good behavior; and provided,

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further, that in the case of sentences of at least six (6) months and less than one year, one day per

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month shall be deducted.

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     For the purposes of this subsection computing the number of days to be deducted for

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good behavior, consecutive sentences shall be counted as a whole sentence. This subsection

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recognizes the serious nature of sex offenses; promotes community safety and protection of the

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public; and maintains the ability of the department of corrections to oversee the rehabilitation and

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supervision of sex offenders.

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     (b)(c) For all prisoners serving sentences of more than one month, and not serving a

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sentence of imprisonment for life or a sentence imposed for a violation of the sexual offenses

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identified in subsection (a) or (b), the director, or his or her designee, shall keep a record of the

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conduct of each prisoner, and for each month that prisoner has faithfully observed all the rules

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and requirements of the institutions and has not been subjected to discipline, there shall, with the

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consent of the director of the department of corrections or his or her designee and upon

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recommendation by the assistant director of institutions/operations, be deducted from the term or

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terms of sentence of that prisoner ten (10) days for each month's good behavior.

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     (c)(d) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct,

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as determined by the assistant director, institutions/operations, subject to the authority of the

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director, there shall be deducted one day from the time he or she shall have gained for good

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conduct.

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     (d)(e) The assistant director, or his or her designee, subject to the authority of the

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director, shall have the power to restore lost good conduct time in whole or in part upon a

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showing by the prisoner of subsequent good behavior and disposition to reform.

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     (e)(f) For each month that a prisoner who has been sentenced to imprisonment for more

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than one month and not under sentence to imprisonment for life who has faithfully engaged in

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institutional industries there shall, with the consent of the director, upon the recommendations to

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him or her by the assistant director, institutions/operations, be deducted from the term or terms of

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the prisoner an additional two (2) days a month.

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     (f)(g) Except those prisoners serving a sentence imposed for violation of any sexual

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offense committed under sections 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3 or

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11-9-1.3, for For each month that a prisoner who has been sentenced to imprisonment for more

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than one month and not under sentence to imprisonment for life has participated faithfully in

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programs that have been determined by the director or his/her designee to address that prisoner's

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individual needs that are related to his/her criminal behavior, there may, with the consent of the

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director and upon the recommendation of the assistant director, rehabilitative services, be

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deducted from the term or terms of the prisoner up to an additional five (5) days a month.

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Furthermore, whenever the prisoner has successfully completed such program, they may; with the

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consent of the director and upon the recommendation by the assistant director, rehabilitative

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services, be deducted from the term or terms of the prisoner up to an additional thirty (30) days.

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     (h) For all prisoners serving a sentence of more than one month, and not serving a

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sentence of imprisonment for life, and who are serving a sentence for a violation of those offenses

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identified in subsection 42-26-24(a) shall not be eligible to have deducted from his or her

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sentence more than thirty-six (36) days per year for any combination of those eligible credits in

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subsections 42-56-24(f) and 42-56-24(g) and section 42-56-26.

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     42-56-26. Additional time allowed for meritorious service. -- With the exception of the

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prisoners eligible for credits pursuant to subsections 42-56-24(b) and 42-56-24(f), any Any

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prisoner sentenced to imprisonment for one year or more in the adult correctional institutions,

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whether the sentence was imposed before or after May 8, 1974, shall be eligible to have deducted

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from his or her sentence up to three (3) days per month up to a maximum of thirty-six (36) days

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per year, when in the determination of the director, or his or her designee, an inmate has

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performed heroic acts affecting the lives and welfare of the institutional personnel, inmates, or the

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general public, or when an inmate has submitted extraordinary and useful ideas and plans which

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have been implemented for the benefit of the state resulting in substantial savings and/or a higher

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degree of efficiency or performance while participating in and completing academic or vocational

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education programs, or when an inmate has submitted useful ideas concerning academic or

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vocational programs which have been implemented at the adult correctional institutions. Nothing

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in this section shall be construed to deprive a prisoner of time already accumulated or deducted

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prior to May 8, 1974.

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     SECTION 2. This act shall take effect upon passage and shall only apply to persons

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convicted after passage.

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LC02532

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CORRECTIONS -- EARLY RELEASE CREDIT

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     This act would exempt inmates serving sentences for specified heinous crimes from

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receiving earned time off of his or her sentence for good behavior.

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     This act would take effect upon passage and would only apply to persons convicted after

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passage.

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LC02532

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