2019 -- H 5504

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LC001444

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL PROCEDURE

     Introduced By: Representatives Lombardi, Hull, Slater, Millea, and Almeida

     Date Introduced: February 14, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is

hereby amended by adding thereto the following chapter:

CHAPTER 19.4

THE RHODE ISLAND FIRST STEP ACT

     12-19.4-1. Policy.

     (a) The general assembly finds and declares that sentence reductions for various

defendant's serving lengthy terms of imprisonment is appropriate and hereby enacts this chapter

in furtherance of that finding.

     (b) As used in this chapter, the term "department" means the Rhode Island department of

corrections.

     12-19.4-2. Sentencing factors to be considered.

     The court, in determining whether to impose a term of imprisonment for any defendant

convicted of a crime, shall consider the following:

     (1) The seriousness of the offense, the history and characteristics of the defendant, the

need for rehabilitation, substance abuse treatment, mental health treatment, the need for

educational or vocational training and the defendant's prior criminal history.

     (2) Notwithstanding the provisions of this chapter or the provisions of rule 35 of the rules

of criminal procedure, a judgment of conviction that includes such a sentence constitutes a final

judgment for all other purposes.

     12-19.4-3. Dignity for female prisoners.

     (a) The department shall not shackle any female inmate who is pregnant while

incarcerated. This ban shall continue for a period of three (3) months after the ending of the

pregnancy.

     (b) The department shall provide and make available to all female prisoners sanitary

napkins and tampons at no cost.

     12-19.4-4. Modification of an imposed term of imprisonment.

     (a) The court may modify a term of imprisonment, upon motion of the department or

upon motion of the defendant if it finds that:

     (1) Extraordinary and compelling reasons warrant such a reduction; or

     (2) The defendant is at least sixty-five (65) years of age, has served at least two-thirds

(2/3) of his or her sentence for the offense or offenses for which the defendant is currently

imprisoned, and a determination has been made by the director that the defendant is not a danger

to the safety of any other person or the community.

     (b) The court may modify an imposed term of imprisonment to the extent otherwise

expressly permitted by statute or by rule 35 of the rules of criminal procedure; and

     (c) In the case of a defendant who has been sentenced to a term of imprisonment based on

a sentencing provision that has subsequently been reduced, the court may reduce the term of

imprisonment, after considering the factors set forth in this section.

     12-19.4-5. Notification requirements- Modification based on terminal illness.

     (a) Terminal illness shall mean a disease or condition with an end-of-life trajectory.

     (b) Notification. The department shall, subject to any applicable confidentiality

requirement, in the case of a defendant diagnosed with a terminal illness:

     (1) Not later than seventy-two (72) hours after the diagnosis, notify the defendant's

attorney, family members or health care designee of the defendant's condition and advise them

that they can prepare a request for sentence reduction on the defendant's behalf;

     (2) Not later than seven (7) days after the date of the diagnosis, provide the defendant's

attorney, family members or health care designee an opportunity to visit the defendant in person,

regardless of whether the defendant is being housed in a prison facility or hospital;

     (3) Upon request from the defendant, family member or health care designee, ensure that

the department personnel assist the defendant, if not represented by counsel, in the preparation,

drafting and submission of a motion for sentence reduction, or assist them in preparing a request

that counsel be appointed to represent the defendant if he or she otherwise qualify for the services

of the public defender or court appointed counsel;

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     (4) Not later than fourteen (14) days of receipt of a request for a sentence reduction,

process said request;

     (5) Ensure that all department facilities regularly and visibly post, including in prisoner

handbooks, staff training manuals and materials, facility law libraries and medical and hospice

facilities, and make available to prisoners upon demand, notice of:

     (i) A defendant's ability to request a sentence reduction pursuant to this section;

     (ii) The procedures and timelines for initiation and resolving requests for sentence

reductions; and

     (iii) The right to appeal the department's denial of a request to the sentencing court.

     12-19.4-6. Release of a prisoner.

     (a) A prisoner shall be released by the department on the date of the expiration of the

prisoner's term of imprisonment, less any time credited toward the service of the prisoner's

sentence as provided in subsection (b) of this section. If the date for a prisoner's release falls on a

Saturday, a Sunday, or a legal holiday the prisoner shall be released by the department on the last

preceding weekday.

     (b) A prisoner who is serving a term of imprisonment of more than one year, other than a

term of imprisonment for the duration of the prisoner's life, may receive credit toward the service

of the prisoner's sentence, beyond the time served, of up to one-hundred twenty (120) days at the

end of each year of the prisoner's term of imprisonment, beginning at the end of the first year of

the term, subject to determination by the department that, during that year, the prisoner has

displayed exemplary compliance with institutional disciplinary regulations. In the case of a

prisoner serving a life sentence, he or she may receive credit toward their parole eligibility date of

up to seventy-five (75) days at the end of each year. No prisoner shall receive credit toward the

service of their sentence if the department determines that, during that year, the prisoner has not

satisfactorily complied with the institutional regulations, or has incurred disciplinary infractions

in violation of any institutional regulation. Provided, however, the department may award the

prisoner such lesser credit as the department determines to be appropriate after considering the

nature and frequency of the violations. The department shall also consider whether the prisoner,

during the relevant period, has earned, or is making satisfactory progress toward earning, a high

school or college diploma or equivalent degree or has worked in prison industries, in any form of

employment, during the period of their incarceration.

     (c) The department shall ensure that it has in effect an optional general educational

development (GED) program for inmates who have not earned a high school diploma or its

equivalent.

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     (d) The department shall ensure that a prisoner serving a term of imprisonment spends a

portion of the final months of that term, but in no event not more than twelve (12) months, in pre-

release custody, under conditions that will afford that prisoner a reasonable opportunity to adjust

to and prepare for the reentry of that prisoner into the community. For purposes of this chapter,

pre-release custody shall include home confinement, a residence in a community treatment center,

restitution center, mental health facility, alcohol or drug rehabilitation center or other community

facility or halfway house under the supervision of the department.

     (e) The authority under this chapter may be used to place a prisoner in pre-release

custody for a term of ten percent (10%) of the remaining term of imprisonment of that prisoner or

six (6) months, whichever is longer. The department shall place prisoners with lower risk levels

and lower needs on home confinement for the maximum amount of time permitted under this

subsection. Those prisoners who are not considered to be low risk levels or those not with lower

needs shall also be considered for pre-release custody; provided, that the term in pre-release

custody shall not exceed five percent (5%) of the remaining term of imprisonment of that prisoner

or four (4) months, whichever is longer.

     (f) The division of parole and probation shall, to the extent practicable, offer assistance

with job placement, counseling services and medical services to a prisoner during prerelease

custody under this subsection.

     (g) The department shall issue regulations pursuant to this section not later than ninety

(90) days after the date of the enactment of this sentencing reduction act, which shall ensure that

placement in pre-release custody in a community is:

     (1) Conducted in a manner consistent with this section;

     (2) Determined on an individual basis; and

     (3) Of sufficient duration to provide the greatest likelihood of successful reintegration

into the community.

     12-19.4-7. Allotment of clothing, funds and transportation.

     (a) Upon the release of a prisoner on the expiration of the prisoner's term of

imprisonment, the department shall furnish the prisoner with:

     (1) Suitable clothing;

     (2) If the prisoner is considered indigent, an amount of money, not more than five-

hundred dollars ($500), determined by the department to be consistent with the needs of the

offender and the public interest; and

     (3) Transportation to the prisoner's bona fide residence within the state; provided,

however, that no transportation shall be provided to a place outside of this state if the prisoner is a

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Rhode Island resident or if the prisoner has not obtained approval from the department to transfer

his or her probation/parole to another state.

     12-19.4-8. Mandatory Functional literacy requirement.

     (a) The department shall have in effect a mandatory functional literacy program for all

mentally capable inmates who are not functionally literate in each correctional institution within

six (6) months from the date of the enactment of this chapter.

     (b) Each mandatory functional literacy program shall include a requirement that each

inmate participate in such program for a mandatory period sufficient to provide the inmate with

an adequate opportunity to achieve functional literacy, and appropriate incentives which lead to

successful completion of such programs shall be developed and implemented.

     (c) As used in this section, the term "functional literacy" means an eighth grade

equivalence in reading and mathematics on a nationally recognized standardized test or functional

competency or literacy on a nationally recognized criterion-referenced test.

     (d) Non-English speaking inmates shall be required to participate in an English-as-a-

second language program until they function at an eighth grade equivalence on a nationally

recognized educational achievement test, or until the expiration of their sentence, whichever

comes first.

     12-19.4-9. Release from confinement.

     (a) The department shall establish pre-release planning procedures that help prisoners

acclimate back into society. The planning procedures shall include providing defendants with

information in the areas of education, vocational training, employment opportunities, the

availability of medical care, mental health and substance abuse counseling and community

resources that would otherwise assist them upon their release.

     (b) The department shall inform a person who is released from prison and required to

register under the sex offender registration and notification act of the requirements of that act as

they apply to that person.

     (c) The department shall assist prisoners, prior to release from a term of imprisonment, in

obtaining a social security card, driver's license or other official photo identification, and a birth

certificate.

     (d) The department, the state and its agencies, officers, and employees shall be immune

from liability based on good faith conduct in carrying out this section.

     12-19.4-10. Recidivism prevention.

     (a) In order to prevent recidivism, increase public safety, rebuild ties between offenders

and their families and to encourage the development of and expand the availability of the

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evidence based programs such as substance abuse treatment, the department through its division

of probation and parole shall provide sufficient transitional services for up to one year to include

education, vocational training, employment opportunities, the availability of medical care, mental

health and substance abuse counseling and community resources that would otherwise assist them

upon their release.

     (b) In order to achieve these goals the department shall:

     (1) Assess each prisoner's skill level, including academic, vocational, health, cognitive,

interpersonal, daily living, and related reentry skills, at the beginning of the term of imprisonment

of that prisoner to identify any areas in need of improvement prior to reentry;

     (2) Generate a skills development plan for each prisoner to monitor skills enhancement

and reentry readiness throughout incarceration;

     (3) Ensure that priority is given to the reentry needs of high-risk populations, such as sex

offenders, career criminals, and prisoners with mental health problems;

     (4) Coordinate and collaborate with other agencies including the department of health and

criminal justice community-based organizations, and faith-based organizations to help effectuate

a seamless reintegration of prisoners into communities;

     (5) Collect information about a prisoner's family relationships, parental responsibilities,

and contacts with children to help prisoners maintain important familial relationships and support

systems during incarceration and after release from custody; and

     (6) Provide incentives as the department deems appropriate, for prisoner participation in

skills development programs.

     12-19.4-11. Elderly and terminally ill offenders.

     (a) The department shall establish a program to determine the effectiveness of removing

eligible elderly offenders and eligible terminally ill offenders from a prison facility and placing

such offenders in pre-release custody until the expiration of the prison term to which the offender

was sentenced.

     (b) In carrying the program as described herein, the department may release some or all

eligible elderly offenders and eligible terminally ill offenders from a prison facility to pre-release

custody.

     (c) A violation by an eligible elderly offender or eligible terminally ill offender of the

terms of pre-release custody, or the commission of another offense while in pre-release custody

shall result in the return of that offender to the designated institution in which that offender was

imprisoned immediately before placement in pre-release custody or to another appropriate

institution, as determined by the department.

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     (d) Eligible "elderly offender" means an offender in the custody of the department:

     (1) Who is not less than sixty-five (65) years of age;

     (2) Who has served at least two-thirds (2/3) of the term of imprisonment to which the

offender was sentenced and in the case of an offender serving a life sentence, that has served at

least the minimum term of years required before parole eligibility;

     (3) Who does not have a history of violence while incarcerated, has not attempted to

escape or escaped during his or her term of imprisonment and who has not engaged in conduct

which would place them at substantial risk of re-offending or endangering any person if released

to pre-release confinement.

     (e) "Eligible terminally ill offender" means an offender in the custody of the department:

     (1) Who has been determined by a licensed physician approved by the department to be:

     (i) In need of care at a nursing home, intermediate care facility, or assisted living facility

as those terms are defined in section 232 of the National Housing Act (12 U.S.C. 1715w); or

     (ii) Diagnosed with a terminal illness.

     (2) Who has served at least two-thirds (2/3) of the term of imprisonment to which the

offender was sentenced and in the case of an offender serving a life sentence, that has served at

least the minimum term of years required before parole eligibility;

     (3) Who does not have a history of violence while incarcerated, has not attempted to

escape or escaped during his or her term of imprisonment and who has not engaged in conduct

which would place him or her at substantial risk of re-offending or endangering any person if

released to pre-release confinement.

     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 CRIMINAL PROCEDURE

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     This act would establish the Rhode Island first step act and require the department of

corrections (department) to assist offenders with reintegration into society, provide them with

counseling and medical care, education and provide for early termination or relocation to pre-

release confinement for elderly and terminally ill offenders.

     This act would take effect upon passage.

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