CHAPTER 319
2002-H 7437A am
Enacted 06/28/2002


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RELATING TO PRISONER RELEASE AND PAROLE NOTIFICATION

 

Introduced By: Representatives WH Murphy, and Trillo

 

Date Introduced: February 05, 2002

It is enacted by the General Assembly as follows:

SECTION 1. Sections 13-8-6, 13-8-6.1 and 13-8-16 of the General Laws in Chapter 13-8 entitled "Parole" are hereby amended to read as follows:

13-8-6. Duties of executive secretary -- Case folders. -- (a) As used in this section:

(1) "Victim" means an individual who has suffered direct or threatened physical, emotional, or financial harm as the result of the commission of a crime, or an immediate family member of a minor or a homicide victim.

(2) "Victim impact statement" means a statement providing information about the financial, emotional, and physical effects of a crime on the victim and the victim's family, and specific information about the victim, the circumstances surrounding the crime, and the manner in which it was perpetrated.

(b) The duties of the executive secretary include:

(1) To administer the office of the parole board;

(2) To supervise the collection of data for each applicant for parole;

(3) To summarize collected data and prepare a folder on each applicant for parole, including the summary of the information collected from the sources detailed in this chapter, or any other appropriate sources, together with the original supporting documents, and all communications addressed to the board and its members concerning the applicant;

(4) To maintain, in the folder of each applicant, the report of the board provided for in section 13-8-23;

(5) To arrange for each meeting of the board;

(6) To prepare all reports required of the board;

(7) To send to the state and local police a list of all persons, including their date of birth and last known address prior to incarceration, lead offenses, and the name of the police department which prosecuted the person, whose application for parole is to be considered by the board, not less than six (6) weeks prior to the meeting to consider the applications, in order that the state police can provide the information to all local police departments by teletype, so that the state police and the local police departments may return appropriate comments at least two (2) weeks prior to the scheduled meeting; and to make a reasonable effort to notify the victim of the crime committed by the prisoner, or, in homicide cases, the victim's next of kin, and/or, in cases where the victim is a minor, the victim's parent and/or legal guardian, not less than thirty (30) days prior to the meeting, of his or her right to provide a victim impact statement to the board;

(8) To furnish the attorney general, the state police, and the local police departments set forth in section 13-8-9.1 with a photograph, or reasonable facsimile, of each prisoner released, taken at the time of his or her release on parole;

(9) To notify the police department of the town or city in which the prisoner resided before sentence and the police department of the city or town in which he or she is to reside, at least five (5) days prior to the release of any prisoner on parole, of the release;

(10) To have published in a newspaper of general circulation, once a month, the names of the persons whose applications for parole are to be considered within the upcoming month and the hearing date or dates of them;

(11) To prepare a list of all individuals released by the board;

(12) To maintain that list in the permanent files of the office of the board, as a public record;

(13) To confer with the director of corrections on all matters relating to the activities of the board; and

(14) To perform related duties as required.

(c) Case folders shall be made available to each member of the board not less than a week prior to its meeting to interview applicants for parole and shall be maintained in the permanent files of the board.

13-8-6.1. Notice to local police departments by state police Notice to local police departments and to state police. -- The state police parole board shall, immediately upon receipt of the notice of provide notice to the state and local police departments upon the release of a prisoner on parole, as provided in sections 13-8-6 and 13-8-16, provide that information to all local police departments by teletype.

13-8-16. Terms of parole. -- (a) Every permit issued by the parole board under this chapter entitles the prisoner to whom it is issued to be at liberty on parole during the remainder of the term which he or she was sentenced to serve, on whatever terms and conditions the board sees fit in its discretion to prescribe. The prisoners acceptance of the permit constitutes an agreement to abide by and conform to those terms and conditions.

(b) When a prisoner is released on parole to serve a sentence in another state, the board shall request that the receiving state notify the board immediately upon the prisoner's release from the correctional facility in the receiving state. The executive secretary of the board shall, within five (5) days of receipt of the notice, notify the state police and the local police departments set forth in section 13-8-9.1 of the release of the prisoner, and the state police shall notify all other local departments, in conformance with section 13-8-6.1.

SECTION 2. This act shall take effect upon passage.


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