Chapter 124

2009 -- H 5936

Enacted 07/16/09

A N A C T

RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

Introduced By: Representative Joseph S. Almeida

Date Introduced: February 26, 2009

It is enacted by the General Assembly as follows:

SECTION 1. Section 12-19-2 of the General Laws in Chapter 12-19 entitled "Sentence

and Execution" is hereby amended to read as follows:

12-19-2. Selection of method and amount or term of punishment. -- (a) Whenever it is

provided that any offense shall be punished by a fine or imprisonment, the court imposing

punishment may, in its discretion, select the kind of punishment to be imposed, and, if the

punishment is fine or imprisonment, its amount or term within the limits prescribed by law;

provided, if the punishment to be imposed is imprisonment, the sentence or sentences imposed

shall be reduced by the number of days spent in confinement while awaiting trial and while

awaiting sentencing; and provided, further, that in the case of a person sentenced to a life

sentence, the time at which he or she shall become eligible to apply for parole shall be reduced by

the number of days spent in confinement while awaiting trial and while awaiting sentencing; and

any sentence or sentences in effect at present, including the provision as to a life sentence as

described in this subsection may be reduced in like manner by the court which imposed the

sentence upon application by the person serving the sentence to the court.

      (b) The court upon the sentencing of a first time offender, excluding capital offense and

sex offense involving minors, may in appropriate cases sentence the person to a term of

imprisonment, and allow the person to continue in his or her usual occupation or education and

shall order the person to be confined in a minimum security facility at the A.C.I. during his or her

nonworking or study hours.

      (c) The director of corrections or his or her designee may impose any conditions and

restrictions upon the release of persons sentenced under this section that he or she deems

necessary.

      (d) The director of corrections may at any time, subject to the approval of the director,

recall a prisoner from release status if he or she believes or has reason to believe the peace, safety,

welfare, or security of the community may be endangered by the prisoner being under release

status. Any prisoner recalled under this subsection shall be presented to the next regularly

scheduled meeting of the classification board for its further consideration.

      (e) A prisoner authorized to work at paid employment in the community under this

section may be required to pay, and the director is authorized to collect, costs incident to the

prisoner's confinement as the director deems appropriate and reasonable. These collections shall

be deposited with the treasurer as a part of the general revenue of the state.

(f) When a sentenced inmate's parole release date or completion of sentence falls on a

weekend or on a holiday, the department of corrections may release the inmate on the prior

business day.

SECTION 2. This act shall take effect upon passage.

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LC01617

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