Chapter 369

2003 -- S 0088 SUBSTITUTE A AS AMENDED

Enacted 07/17/03

AN ACT

RELATING TO CRIMINALS -- CORRECTIONAL INSTITUTIONS --

PAROLE

Introduced By: Senators Connors, Perry, J Montalbano, McCaffrey, and F Caprio

Date Introduced: January 21, 2003

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 13-8 of the General Laws entitled "Parole" is hereby amended by

adding thereto the following section:

13-8-18.1. Preliminary parole violation hearing. -- (a) As soon as is practicable after a

detention for an alleged violation of parole, the parole board shall afford the alleged parole

violator a preliminary parole revocation hearing before a hearing officer designated by the board.

Such hearing officer shall not have had any prior supervisory involvement over the alleged

violator.

(b) The alleged violator shall, within five (5) days of the detention, in Rhode Island be

given written notice of the time, place and purpose of the preliminary hearing. The notice shall

state the specific conditions of parole that are alleged to have been violated and in what manner.

The notice shall also inform the alleged violator of the following rights in connection with the

preliminary hearing:

(1) the right to appear and speak in his/her own behalf;

(2) the right to call witnesses and present evidence;

(3) the right to confront and cross-examine the witnesses against him/her, unless the

hearing officer finds on the record that a witness may be subjected to risk of harm if his or her

identity is revealed; and

(4) the right to retain counsel and, if unable to afford counsel, the right under certain

circumstances to the appointment of counsel for the preliminary hearing.

The determination of whether or not the alleged violator is entitled to appointed counsel,

if such a request is made, shall be made on the record and in accordance with all relevant

statutory and constitutional provisions.

established by the parole board concerning an alleged violator’s exercise of the rights

denominated in subsection (b), including the mechanism for compelling the attendance of

witnesses, the mechanism for obtaining documentary evidence, and the mechanism for requesting

the appointment of counsel.

(d) The preliminary hearing shall take place no later than ten (10) days after service of

notice set forth in subsection (b). A preliminary hearing may be postponed beyond the ten (10)

day time limit for good cause at the request of either party, but may not be postponed at the

request of the state for more than five (5) additional days. The parole revocation charges shall be

dismissed with prejudice if a preliminary hearing is not conducted within the time period

established by this paragraph, not including any delay directly attributed to a postponement

requested by the alleged violator.

(e) If the alleged violator has requested the appointment of counsel at least five (5) days

prior to the preliminary hearing, the preliminary hearing may not proceed without counsel present

unless the hearing officer finds on the record, in accordance with all relevant statutory and

constitutional provisions, that the alleged violator is not entitled to appointed counsel. If the

alleged violator is found to have been entitled to counsel and no such counsel has been appointed,

the parole violation charges must be dismissed with prejudice. If the request for counsel was

made four (4) or fewer days in advance of the preliminary hearing, the time limit within which

the preliminary hearing must be held may be extended up to five (5) additional days.

(f) The standard of proof at the preliminary hearing shall be probable cause to believe

that the alleged violator has violated one (1) or more conditions of his or her parole and that the

violation or violations were not de minimus in nature. Proof of conviction of a crime committed

subsequent to release on parole shall constitute probable cause for the purposes of the preliminary

hearing.

(g) At the preliminary hearing, the hearing officer shall review the violation charges with

the alleged violator, direct the presentation of the evidence concerning the alleged violation,

receive the statements of the witnesses and documentary evidence, and allow cross-examination

of those witnesses in attendance. All proceedings shall be recorded and preserved.

(h) At the conclusion of the preliminary hearing, the hearing officer shall inform the

alleged violator of his or her decision as to whether there is probable cause to believe that the

alleged violator has violated one (1) or more conditions of his or her parole and, if so, whether the

violation or violations were de minimus in nature. Those determinations shall be based solely on

the evidence adduced at the preliminary hearing. The hearing officer shall state in writing the

reasons for his or her determinations and the evidence relied upon for those determinations. A

copy of the written findings shall be sent to the alleged violator, and his or her counsel if

applicable, within fourteen (14) days of the preliminary hearing.

(i) If the hearing officer finds that there is no probable cause to believe that the alleged

violator has violated one (1) or more conditions of his or her parole or that the violation or

violations, if any, were de minimus in nature, the parole chairperson shall rescind the detention

warrant and direct that the alleged violator, unless in custody for other reasons, be released and

restored to parole supervision.

(j) If the hearing officer finds that there is probable cause to believe that the alleged

violator has violated one (1) or more conditions of his or her parole and that the violation or

violations were not de minimus in nature, the alleged violator shall be held for a final parole

revocation hearing. A final parole revocation hearing must be held as soon as is practicable, but in

no event more than ninety (90) days after the conclusion of the preliminary hearing.

(k) An alleged violator may waive his or her right to a preliminary hearing. Such a

waiver must be in written form. In the event of such a written waiver, a final parole revocation

hearing must be held as soon as is practicable, but in no event more than ninety (90) days after the

right to a preliminary hearing is waived. Notwithstanding the above, a final parole revocation

hearing may be continued by the alleged violator beyond the ninety (90) day time period.

SECTION 2. Sections 13-8-18 and 13-8-19 of the General Laws in Chapter 13-8 entitled

"Parole" are hereby amended to read as follows:

13-8-18. Revocation of parole – Hearing. -- The parole board may, by a majority vote

of all of its members, revoke, ~~with or without hearing~~ in accordance with the provisions of section

13-8-18.1, any permit issued by it to any prisoner under the provisions of this chapter, whenever

it shall appear to the board that the prisoner has violated any of the terms or conditions of his or

her permit, or has during the period of his or her parole violated any state laws. Whenever it

comes to the knowledge of the board that any prisoner at liberty under a permit has been guilty of

any violation, the chairperson shall issue his or her warrant to any officer authorized to serve

criminal process, to arrest the prisoner and commit him or her to the adult correctional

institutions, to be detained until the board determines whether the permit of the prisoner is to be

revoked in accordance with the provisions of section 13-8-18.1. If the board determine that the

permit is not to be revoked, it shall immediately order the prisoner to be set at liberty under the

terms and conditions of the original permit.

13-8-19. Arrest and return to institution on revocation of parole. -- (a) Whenever the

permit of a prisoner is revoked, in accordance with the provisions of section 13-8-18.1 the parole

board shall order the prisoner to be returned to the adult correctional institutions or to the

women's division of the adult correctional institutions, as the case may be, to serve the remainder

of the prisoner's original sentence according to the terms of that sentence.

(b) The time between the release of the prisoner under the permit and the prisoner's

return to the adult correctional institutions or the women's division of the adult correctional

institutions under order of the board shall not be considered as any part of the prisoner's original

sentence.

issue his or her warrant to any officer authorized to serve criminal process to arrest the prisoner

and return the prisoner to the adult correctional institutions or the women 's division of the adult

correctional institutions in accordance with the provisions of section 13-8-18.1 as ordered by the

board.

SECTION 3. This act shall take effect upon passage.

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LC00540/SUB A

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