Chapter 118

2009 -- H 5184

Enacted 07/16/09

A N A C T

RELATING TO CRIMINALS - CORRECTIONAL INSTITUTIONS

Introduced By: Representatives Williamson, and Watson

Date Introduced: January 27, 2009

It is enacted by the General Assembly as follows:

SECTION 1. Sections 13-8-5 and 13-8-6 of the General Laws in Chapter 13-8 entitled

"Parole" are hereby amended to read as follows:

13-8-5. Staffing of parole board. -- The director of corrections shall provide the board

with an administrator executive secretary, an investigator, a clerk, a psychologist(s), whose sole

function within the department of corrections shall be to consult with the board, and the necessary

stenographic service. Staff salaries shall be paid from the appropriation of the department of

corrections.

13-8-6. Duties of executive secretary -- Case folders Duties of administrator -- Case

folders. -- (a) The duties of the administrator executive secretary shall include the following:

      (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 above sources, or any other sources

which are deemed appropriate, together with the original supporting documents, and all

communications addressed to the board and its members concerning the applicant for parole;

      (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) (i) 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, so that the

state police and the local police departments may return any comment deemed appropriate 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;

      (ii) For the purposes of this subdivision the following words and phrases have the

following meanings:

      (A) "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.

      (B) "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.

      (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 a 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 the applications;

      (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, which list shall

be 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.

      (b) 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.

SECTION 2. This act shall take effect upon passage.

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LC00686

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