2017 -- S 0418

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LC001449

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO ELECTIONS -- PUBLIC RECORDS--RESTORATION OF VOTING RIGHTS

     

     Introduced By: Senators Quezada, Metts, Calkin, Crowley, and Jabour

     Date Introduced: March 02, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-9.2-3 of the General Laws in Chapter 17-9.2 entitled "Rhode

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Island Restoration of Voting Rights Act" is hereby amended to read as follows:

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     17-9.2-3. Restoration of voting rights.

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     (a) A person who has lost the right of suffrage under Article II, Section 1 of the

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Constitution of Rhode Island because of such person's incarceration upon a felony conviction

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shall be restored the right to vote when that person is discharged from incarceration.

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     (b) Before accepting a plea of guilty or nolo contendere to a felony, and before imposing

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a felony sentence after trial, the court shall notify the defendant that conviction will result in loss

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of the right to vote only if and for as long as the person is incarcerated and that voting rights are

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restored upon discharge.

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     (c) The department of corrections shall act as a voter registration agency in accordance

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with ยง 17-9.1-8. In this capacity, and as part of the release process leading to a person's discharge

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from a correctional facility, the department of corrections shall notify that person in writing that

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voting rights will be restored, provide that person with a voter registration form and a declination

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form, and offer that person assistance in filling out the appropriate form. Unless the registrant

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refuses to permit it to do so, the department of corrections shall transmit the completed voter

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registration form to the state board or local board where the registrant resides.

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     (d) The department of corrections shall, on or before the 15th day of each month, transmit

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to the secretary of state two (2) lists. The first shall contain the following information about

 

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persons convicted of a felony who, during the preceding period, have become ineligible to vote

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because of their incarceration; the second shall contain the following information about persons

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convicted of a felony who, during the preceding period, have become eligible to vote because of

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their discharge from incarceration:

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     (1) name;

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     (2) date of birth;

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     (3) date of entry of judgment of conviction;

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     (4) description of offense;

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     (5) sentence.

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     The second list shall also be provided to representatives from the nonprofit organization

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Direct Action for Rights and Equality (D.A.R.E.) to be used in the Behind the Walls campaign

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and the nonprofit corporation Open Doors of RI to be utilized in their efforts to register those

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who have been incarcerated for a felony conviction.

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     (e) The secretary of state shall ensure that the statewide central voter registration is

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purged of the names of persons who are ineligible to vote because of their incarceration upon a

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felony conviction. The secretary of state shall likewise ensure that the names of persons who are

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eligible and registered to vote following their discharge from incarceration are added to the

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statewide central voter register in the same manner as all other names are added to that register.

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     (f) The secretary of state shall ensure that persons who have become eligible to vote

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because of their discharge from incarceration face no continued barriers to registration or voting

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resulting from their felony convictions.

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     (g) The secretary of state shall develop and implement a program to educate attorneys,

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judges, election officials, corrections officials, and members of the public about the requirements

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of this section, ensuring that:

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     (1) Judges are informed of their obligation to notify criminal defendants of the potential

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loss and restoration of their voting rights in accordance with subsection (b) hereof.

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     (2) The department of corrections is prepared to assist people with registration to vote in

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anticipation of their discharge from incarceration, including by forwarding completed voter

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registration forms to the state board or local board where the registrant resides.

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     (3) The language on voter registration forms makes clear that people who have been

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disqualified from voting because of felony convictions regain the right to vote when they are

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discharged from incarceration.

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     (4) The state department of corrections is prepared to transmit to the secretary of state the

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information specified in subsection (d) hereof.

 

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     (5) Probation and parole officers are informed of the change in the law and are prepared

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to notify probationers and parolees that their right to vote is restored.

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     (6) Accurate and complete information about the voting rights of people who have been

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charged with or convicted of crimes, whether disfranchising or not, is made available through a

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single publication to government officials and the public.

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     (h) Voting rights shall be restored to all Rhode Island residents who have been discharged

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from incarceration or who were never incarcerated following felony convictions, whether they

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were discharged or sentenced before or after the effective date of this section.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- PUBLIC RECORDS--RESTORATION OF VOTING RIGHTS

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     This act would require the department of corrections to provide certain nonprofit

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organizations with a list containing information about formerly incarcerated inmates who have

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become eligible to vote to assist in their efforts in registering former felons to vote.

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     This act would take effect upon passage.

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