law21162-13

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art.013/5/013/4/013/3/013/2/013/1

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ARTICLE 13 AS AMENDED

RELATING TO HUMAN SERVICES

SECTION 1. Section 12-19-14 of the General Laws in Chapter 12-19 entitled "Sentence

and Execution" is hereby amended to read as follows:

12-19-14. Violation of terms of probation – Notice to court – Revocation or

continuation of suspension.

(a) Whenever any person who has been placed on probation by virtue of the suspension of

execution of his or her sentence pursuant to § 12-19-13 violates the terms and conditions of his or

her probation as fixed by the court by being formally charged with committing a new criminal

offense, the police or department of corrections division of rehabilitative services shall cause the

defendant to appear before the court. The department of corrections division of rehabilitative

services shall determine when a technical violation of the terms and conditions of probation as fixed

by the court that does not constitute a new criminal offense has occurred and shall cause the

defendant to appear before the court. For technical violations, the The division of rehabilitative

services shall promptly render a written report relative to the conduct of the defendant, including,

as applicable, a description of the clear and articulable public safety risk posed by a defendant

accused of a technical violation, and, as available, the information contained in any report under §

12-13-24.1. The division of rehabilitative services may recommend that the time served up to that

point is a sufficient response to a violation that is not a new, alleged crime. The court may order

the defendant held without bail for a period not exceeding ten (10) days excluding Saturdays,

Sundays, and holidays if the new criminal charge(s) constitutes a violent crime as defined in the

Rhode Island General Laws, a domestic violence crime, or a crime involving driving under the

influence or if the court determines in its discretion that public safety concerns and/or concerns

regarding the defendant's likelihood to appear before the court warrant holding the defendant

without bail.

(b) The court shall conduct a hearing within thirty (30) days of arrest, unless waived by the

defendant, to determine whether the defendant has violated the terms and conditions of his or her

probation, at which hearing the defendant shall have the opportunity to be present and to respond.

Upon a determination by a fair preponderance of the evidence that the defendant has violated the

terms and conditions of his or her probation, the court, in open court and in the presence of the

defendant, may as to the court may seem just and proper:

(1) Revoke the suspension and order the defendant committed on the sentence previously

imposed, or on a lesser sentence;

(2) Impose a sentence if one has not been previously imposed;

(3) Stay all or a portion of the sentence imposed after removal of the suspension;

(4) Continue the suspension of a sentence previously imposed; or

(5) Convert a sentence of probation without incarceration to a suspended sentence.

SECTION 2. Chapter 13-8 of the General Laws entitled "Parole" is hereby amended by

adding thereto the following section:

13-8-14.2. Special parole consideration for persons convicted as juveniles.

(a)When a person who is serving a sentence imposed as the result of an offense or offenses

committed when he or she was less than eighteen years of age becomes eligible for parole pursuant

to applicable provisions of law, the parole board shall ensure that he or she is provided a meaningful

opportunity to obtain release and shall adopt rules and guidelines to do so, consistent with existing

law.

(b) During a parole hearing involving a person described in subsection (a) of this section,

in addition to other factors required by law or under the parole guidelines set forth by the parole

board, the parole board shall also take into consideration the diminished culpability of juveniles as

compared to that of adults and any subsequent growth and increased maturity of the prisoner during

incarceration. The board shall also consider the following:

(1) A review of educational and court documents;

(2) Participation in available rehabilitative and educational programs while in prison;

(3) Age at the time of the offense;

(4) Immaturity at the time of the offense;

(5) Home and community environment at the time of the offense;

(6) Efforts made toward rehabilitation;

(7) Evidence of remorse; and

(8) Any other factors or circumstances the Board board considers relevant.

possession of any state official or agency relating to the board's consideration of the factors detailed

in the foregoing sections.

SECTION 3. Sections 13-8-11, 13-8-13, 13-8-18 and 13-8-18.1 of the General Laws in

Chapter 13-8 entitled "Parole" are hereby amended to read as follows:

13-8-11. Good conduct, industrial, and meritorious service time included in

computation Good conduct, industrial, and meritorious service time.

(a) In computing the one-third (1/3) of any term of sentence for the purpose of §§ 13-8-9 –

13-8-14, the time a prisoner shall have earned pursuant to §§ 42-56-24 and 42-56-26 shall be

considered by the parole board to reduce inmate overcrowding when directed by the criminal justice

oversight committee, pursuant to the provisions of § 42-26-13.3(e), or when directed by the

governor, pursuant to the provisions of § 42-26-13.3(f).

(b) As used in this section, the following words shall, unless the context clearly requires

otherwise, have the following meanings:

(i) (1) "Compliance," the absence of a finding by a Parole Officer parole officer or the

Parole Board parole board of a violation of the terms or conditions of a permit or conditions of

parole supervision set by the Rhode Island Parole Board parole board.

(ii) (2) "Compliance credits," credits that an eligible offender earns through compliance

with Parole Board parole board-ordered conditions of parole supervision; provided, however, that

such the credits shall operate to reduce the length of parole supervision.

(iii) (3) "Eligible parolee," any offender who is currently serving a term of post-

incarceration parole supervision except any such person serving a sentence of a violation of §§ 11-

5-1 (where the specified felony is murder or sexual assault), § 11-23-1, § 11-26-1.4, § 11-37-2,

§ 11-37-8.1, or § 11-37-8.3.

five 5 (5) days of compliance credits if the eligible parolee served on parole without any

documented behavior that could constitute a violation of the terms and conditions of parole for the

prior calendar month. Any compliance credits so granted and not rescinded pursuant to guidelines

set forth by the parole board shall reduce the period of time that a parolee is subject to the

jurisdiction of the parole board under § 13-8-9.

(d) The parole board shall issue guidelines governing the awarding of compliance credits,;

any disqualifiers to the earning of compliance credits,; and the rescission or suspension of

compliance credits as applicable.

(e) The award or rescission of credits pursuant to this section shall not be the subject of

judicial review.

(f) This section shall apply to all individuals sentenced to imprisonment and subsequently

granted parole including those sentences granted prior to passage of this legislation and shall not

alter the ability of the Parole Board parole board to revoke parole. The calculation of compliance

credits shall be prospective from the date of passage, while eligibility to earn compliance credits

shall be prospective and retrospective.

(g) The department of corrections shall keep a record of the eligible parolee's sentence,

including the person's end of supervision date based on earned credits for compliance with the

terms and conditions of parole.

13-8-13. Life prisoners and prisoners with lengthy sentences.

(a) In the case of a prisoner sentenced to imprisonment for life, a parole permit may be

issued at any time after the prisoner has served not less than ten (10) years imprisonment; provided

that:

(1) In the case of a prisoner serving a sentence or sentences of a length making him or her

ineligible for a permit in less than ten (10) years, pursuant to §§ 13-8-9 and 13-8-10, the permit

may be issued at any time after the prisoner has served not less than ten (10) years’ imprisonment.;

(2) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree

murder committed after July 10, 1989, the permit may be issued only after the prisoner has served

not less than fifteen (15) years’ imprisonment.;

(3) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree

murder committed after June 30, 1995, the permit may be issued only after the prisoner has served

not less than twenty (20) years’ imprisonment; and

(4) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree

murder committed after July 1, 2015, the permit may be issued only after the prisoner has served

not less than twenty-five (25) years’ imprisonment.; and

(5) In the case of a prisoner sentenced to imprisonment for life for a crime, other than first-

or second-degree murder, committed after July 1, 2015, the permit may be issued only after the

prisoner has served not less than twenty (20) years’ imprisonment.

(b) The permit shall be issued only by a unanimous vote of all the attending members of

the board; provided that not less than four (4) members are present, and whenever, after the issue

of the permit, the prisoner shall be pardoned, then the control of the board over the prisoner shall

cease and terminate.

(c)(1) In the case of a prisoner sentenced to imprisonment for life who is convicted of

escape or attempted escape from the lawful custody of the warden of the adult correctional

institutions, the permit may be issued only after the prisoner has served not less than twenty-five

(25) years’ imprisonment; provided, however, that as to a prisoner who has been sentenced to

imprisonment for life for a conviction of first- or second-degree murder, committed after July 1,

2015, and who is convicted thereafter of escape or attempted escape from the lawful custody of the

warden of the adult correctional institutions, the permit may be issued only after the prisoner has

served not less than thirty-five (35) years’ imprisonment; and

(2) For each subsequent conviction of escape or attempted escape, an additional five (5)

years shall be added to the time required to be served.

(d) In the case of a prisoner sentenced consecutively to more than one life term for crimes

occurring after May 7, 1981, the permit may be issued only after the prisoner has served not less

than ten (10) years consecutively on each life sentence; provided, in the case of a prisoner sentenced

consecutively to more than one life term for crimes occurring after June 30, 1995, the permit may

be issued only after the prisoner has served not less than fifteen (15) years consecutively on each

life sentence. In the case of a prisoner sentenced consecutively to more than one life term for crimes

occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less

than twenty (20) years consecutively on each life sentence. In the case of a prisoner sentenced

consecutively to more than one life term for crimes, including first- or second-degree murder,

occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less

than twenty-five (25) years consecutively on each life sentence.

(e) Any person sentenced for any offense committed prior to his or her twenty-second

birthday, other than a person serving life without parole, shall be eligible for parole review and a

parole permit may be issued after the person has served no fewer than twenty (20) years’

imprisonment unless the person is entitled to earlier parole eligibility pursuant to any other

provisions of law. This subsection shall be given prospective and retroactive effect for all offenses

occurring on or after January 1, 1991.

13-8-18. Revocation of parole – Hearing.

The parole board may, by a majority vote of all of its members, revoke, in accordance with

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

chapter or revoke any permit issued by another state or jurisdiction where the prisoner is being

supervised by the Rhode Island parole board whenever it shall appear to the board that the prisoner

has violated any of the terms or conditions of his or her permit or conditions of parole set by an

out-of-state jurisdiction, or has during the period of his or her parole violated any state laws.

Whenever it shall come to the knowledge of the board that any prisoner at liberty under a permit

issued by this state or another state or jurisdiction has been guilty of a violation of parole related to

a new criminal charge, 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 shall have an opportunity to determine whether the permit

of the prisoner is to be revoked in accordance with the provisions of § 13-8-18.1, or in the case of

prisoners granted parole by another state or jurisdiction, and supervised by the Rhode Island parole

board, until that state or jurisdiction takes custody of the prisoner. Whenever it shall come to the

knowledge of the board that any prisoner at liberty under a permit issued by this state or another

state or jurisdiction has been guilty of a technical violation of parole, absent a new criminal charge,

the chairperson may, at his or her discretion, 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 shall have an opportunity to determine whether the permit

of the prisoner is to be revoked in accordance with the provisions of § 13-8-18.1, or in the case of

prisoners granted parole by another state or jurisdiction, and supervised by the Rhode Island parole

board, until that state or jurisdiction takes custody of the prisoner. If the board shall determine that

the permit shall not be revoked, then the board shall immediately order the prisoner to be set at

liberty under the terms and conditions of his or her original permit.

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 The 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 his or 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 him or 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

(10) 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 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 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 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 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 The

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 (90) time period. For

parole violations not involving a new criminal offense, an alleged violator may waive his or her

right to a final parole revocation hearing, where there is no dispute as to the alleged violation and

the parolee charged with such the violation(s) freely admits to the violation and accepts the

appropriate sanction imposed by the parole board.

SECTION 4. Sections 13-8.1-1, 13-8.1-2, 13-8.1-3 and 13-8.1-4 of the General Laws in

Chapter 13-8.1 entitled "Medical Parole" are hereby amended to read as follows:

13-8.1-1. Short title.

This chapter shall be known as the "Medical and Geriatric Parole Act".

13-8.1-2. Purpose.

(a) Medical parole is made available for humanitarian reasons and to alleviate exorbitant

medical expenses associated with inmates whose chronic and incurable illness render their

incarceration non-punitive and non-rehabilitative. Notwithstanding other statutory or

administrative provisions to the contrary, all prisoners, except those serving life without parole,

shall at any time after they begin serving their sentences be eligible for medical parole

consideration, regardless of the crime committed or the sentence imposed.

(b) Geriatric parole is made available for humanitarian reasons and to alleviate exorbitant

expenses associated with the cost of aging, for inmates whose advanced age reduces the risk that

they pose to the public safety. Notwithstanding other statutory or administrative provisions to the

contrary, all prisoners except those serving life without parole shall be eligible for geriatric parole

consideration upon meeting the criteria set forth below, regardless of the crime committed or the

sentence imposed.

13-8.1-3. Definitions.

(a) (3) "Permanently physically incapacitated" means suffering from a physical condition

caused by injury, disease, illness, or cognitive insult such as dementia or persistent vegetative state,

which that, to a reasonable degree of medical certainty, permanently and irreversibly physically

incapacitates the individual to the extent that the individual needs help with most of the activities

that are necessary for independence, such as feeding, toileting, dressing, and bathing and

transferring, or no significant physical activity is possible, and the individual is confined to bed or

a wheelchair or suffering from an incurable, progressive condition that substantially diminishes the

individual's capacity to function in a correctional setting.

(b) (2) "Cognitively incapacitated" means suffering from a cognitive condition, such as

dementia, which that greatly impairs activities that are necessary for independence such as feeding,

toileting, dressing, and bathing and renders their incarceration non-punitive and non-rehabilitative.

(b) (c) (5) "Terminally ill" means suffering from a condition caused by injury (except self-

inflicted injury), disease, or illness which, to a reasonable degree of medical certainty, is a life-

limiting diagnosis that will lead to profound functional, cognitive and/or physical decline, and

likely will result in death within eighteen (18) months.

physical and/or mental condition that: (1) Requires extensive medical and/or psychiatric treatment

with little to no possibility of recovery; and (2) Precludes significant Significantly impairs

rehabilitation from further incarceration.

(e) (1) "Aging prisoner" means an individual who is sixty-five (65) years of age or older

and suffers from functional impairment, infirmity, or illness.

13-8.1-4. Procedure.

(a) The parole board is authorized to grant medical parole release of a prisoner, except a

prisoner serving life without parole, at any time, who is determined to be terminally ill, severely

ill, or permanently physically or cognitively incapacitated within the meaning of §§ 13-8.1-3(a) -

(d)(2)-(5). Inmates who are severely ill will only be considered for such release when their

treatment causes the state to incur exorbitant expenses as a result of continued and frequent medical

treatment during their incarceration, as determined by the office of financial resources of the

department of corrections.

(b) The parole board is authorized to grant geriatric parole release of a prisoner, except a

prisoner serving life without parole, who is an aging prisoner within the meaning of § 13-8.1-3(e)(1)

or under medical parole as outlined by § 13-8.1-2.

(b) (c) In order to apply for this relief, the prisoner or his or her family member or friend,

with an attending physician's written approval, or an attending physician, on behalf of the prisoner,

shall file an application with the director of the department of corrections. Within seventy-two (72)

hours after the filing of any application, the director shall refer the application to the health service

unit of the department of corrections for a medical report and a medical or geriatric discharge plan

to be completed within ten (10) days. Upon receipt of the medical discharge plan, the director of

the department of corrections shall immediately transfer the medical discharge plan, together with

the application, to the parole board for its consideration and decision.

(1) Diagnosis of the prisoner's medical conditions, including related medical history;

(2) Detailed description of the conditions and treatments;

(3) Prognosis, including life expectancy, likelihood of recovery, likelihood of

improvement, mobility and trajectory, and rate of debilitation;

(4) Degree of incapacity or disability, including an assessment of whether the prisoner is

ambulatory, capable of engaging in any substantial physical activity, ability to independently

provide for their daily life activities, and the extent of that activity; and

(5) An opinion from the medical director as to whether the person is terminally ill, and if

so, the stage of the illness, or whether the person is permanently physically or cognitively

incapacitated, or severely ill, or an aging prisoner. If the medical director's opinion is that the person

is not terminally ill, permanently, physically or cognitively incapacitated, or severely ill, or an aging

prisoner as defined in § 13-8.1-3, the petition for medical or geriatric parole shall not be forwarded

to the parole board.

(6) In the case of a severely ill inmate, the report shall also contain a determination from

the office of financial resources that the inmate's illness causes the state to incur exorbitant expenses

as a result of continued and frequent medical treatment during incarceration.

(d)(e) When the director of corrections refers a prisoner to the parole board for medical or

geriatric parole, the director shall provide to the parole board a medical or geriatric discharge plan

that is acceptable to the parole board.

(e) (f) The department of corrections and the parole board shall jointly develop standards

for the medical or geriatric discharge plan that are appropriately adapted to the criminal justice

setting. The discharge plan should ensure at the minimum that:

(1) An appropriate placement for the prisoner has been secured, including, but not limited

to: a hospital, nursing facility, hospice, or family home;

(2) A referral has been made for the prisoner to secure a source for payment of the prisoner's

medical expenses; and

(3) A parole officer has been assigned to periodically obtain updates on the prisoner's

medical condition to report back to the board.

(f)(g) If the parole board finds from the credible medical evidence that the prisoner is

terminally ill, permanently physically or cognitively incapacitated, or severely ill, or an aging

prisoner, the board shall grant release to the prisoner but only after the board also considers whether,

in light of the prisoner's medical condition, there is a reasonable probability that the prisoner, if

released, will live and remain at liberty without violating the law, and that the release is compatible

with the welfare of society and will not so depreciate the seriousness of the crime as to undermine

respect for the law. Notwithstanding any other provision of law, medical or geriatric release may

be granted an at any time during the term of a prisoner's sentence.

(g)(h) There shall be a presumption that the opinion of the physician and/or medical

director will be accepted. However, the applicant, the physician, the director, or the parole board

may request an independent medical evaluation within seven (7) days after the physician's and/or

medical director's report is presented. The evaluation shall be completed and a report, containing

the information required by subsection (b)(c) (d) of this section, filed with the director and the

parole board, and a copy sent to the applicant within fourteen (14) days from the date of the request.

(h)(i) Within seven (7) days of receiving the application, the medical or geriatric report and

the discharge plan, the parole board shall determine whether the application, on its face,

demonstrates that relief may be warranted. If the face of the application clearly demonstrates that

relief is unwarranted, the board may deny the application without a hearing or further proceedings,

and within seven (7) days shall notify the prisoner in writing of its decision to deny the application,

setting forth its factual findings and a brief statement of the reasons for denying release without a

hearing. Denial of release does not preclude the prisoner from reapplying for medical or geriatric

parole after the expiration of sixty (60) days. A reapplication under this section must demonstrate

a material change in circumstances.

(i)(j)(1) Upon receipt of the application from the director of the department of corrections

the parole board shall, except as provided in subsection (h)(i) of this section, set the case for a

hearing within thirty (30) days;

(2) Notice of the hearing shall be sent to the prosecutor and the victim(s), if any, of the

offense(s) for which the prisoner is incarcerated, and the prosecutor and the victim(s) shall have

the right to be heard at the hearing, or in writing, or both; and

(3) At the hearing, the prisoner shall be entitled to be represented by an attorney or by the

public defender if qualified or other representative.

(j)(k) Within seven (7) days of the hearing, the parole board shall issue a written decision

granting or denying medical or geriatric parole and explaining the reasons for the decision. If the

board determines that medical or geriatric parole is warranted, it shall impose conditions of release,

that shall include the following:

(1) Periodic medical examinations;

(2) Periodic reporting to a parole officer, and the reporting interval;

(3) Any other terms or conditions that the board deems necessary; and

(4) In the case of a prisoner who is medically paroled due to being severely ill, the parole

board shall require electronic monitoring as a condition of the medical parole, unless the health

care healthcare plan mandates placement in a medical facility that cannot accommodate the

electronic monitoring.

(k)(l) If after release the releasee's condition or circumstances change so that he or she

would not then be eligible for medical or geriatric parole, the parole board may order him or her

returned to custody to await a hearing to determine whether his or her release should be revoked.

A release may also be revoked for violation of conditions otherwise applicable to parole.

(l)(m) An annual report shall be prepared by the director of corrections for the parole board

and the general assembly. The report shall include:

(1) The number of inmates who have applied for medical or geriatric parole;

(2) The number of inmates who have been granted medical or geriatric parole;

(3) The nature of the illness, cognitive condition, functional impairment, and/or infirmity

of the applicants, and the nature of the placement pursuant to the medical discharge plan;

(4) The categories of reasons for denial for those who have been denied;

(5) The number of releasees on medical or geriatric parole who have been returned to the

custody of the department of corrections and the reasons for return.; and

(6) The number of inmates who meet the statutory definition of "aging prisoner" and would

be potentially-eligible for geriatric parole.

(n) An annual educational seminar will be offered by the department of corrections

healthcare services unit to the parole board and community stakeholders on aging and infirmity in

prison and special considerations that should be applied to aging prisoners and prisoners with

severe or terminal illnesses during parole consideration.

SECTION 5. Section 14-1-6 of the General Laws in Chapter 14-1 entitled "Proceedings in

Family Court" is hereby amended to read as follows:

14-1-6. Retention of jurisdiction.

(a) When the court shall have obtained jurisdiction over any child prior to the child having

attained the age of eighteen (18) years by the filing of a petition alleging that the child is wayward

or delinquent pursuant to § 14-1-5, the child shall, except as specifically provided in this chapter,

continue under the jurisdiction of the court until he or she becomes nineteen (19) years of age,

unless discharged prior to turning nineteen (19).

(b) When the court shall have obtained jurisdiction over any child prior to the child's

eighteenth (18th) birthday by the filing of a miscellaneous petition or a petition alleging that the

child is dependent, neglected, or abused pursuant to §§ 14-1-5 and 40-11-7 or 42-72-14, the child

shall, except as specifically provided in this chapter, continue under the jurisdiction of the court

until he or she becomes eighteen (18) years of age; provided, that at least six (6) months prior to a

child turning eighteen (18) years of age, the court shall require the department of children, youth

and families to provide a description of the transition services including the child's housing, health

insurance, education and/or employment plan,; available mentors and continuing support services,

including workforce supports and employment services afforded the child in placement,; or a

detailed explanation as to the reason those services were not offered. As part of the transition

planning, the child shall be informed by the department of the opportunity to voluntarily agree to

extended care and placement by the department and legal supervision by the court until age twenty-

one (21). The details of a child's transition plan shall be developed in consultation with the child,

wherever possible, and approved by the court prior to the dismissal of an abuse, neglect,

dependency, or miscellaneous petition before the child's twenty-first birthday.

miscellaneous petition or a petition alleging that the child is dependent, neglected, or abused

pursuant to §§ 14-1-5, § 40-11-7, or § 42-72-14, may voluntarily elect to continue responsibility

for care and placement from DCYF and to remain under the legal supervision of the court as a

young adult until age twenty-one (21), provided:

(1) The young adult was in the legal custody of the department at age eighteen (18); and

(2) The young adult is participating in at least one of the following:

(i) Completing the requirements to receive a high school diploma or GED;

(ii) Completing a secondary education or a program leading to an equivalent credential;

enrolled in an institution that provides postsecondary or vocational education;

(iii) Participating in a job-training program or an activity designed to promote or remove

barriers to employment;

(iv) Be employed for at least eighty (80) hours per month; or

(v) Incapable of doing any of the foregoing due to a medical condition that is regularly

updated and documented in the case plan.

(d) A former foster child who was adopted or placed in guardianship with an adoption

assistance agreement or a guardianship assistance agreement that was executed on or after his or

her sixteenth birthday and prior to his or her eighteenth birthday may voluntarily agree to extended

care and placement by the department and legal supervision by the court until age twenty-one (21)

if the young adult satisfies the requirements in subsection (c)(2). Provided, however, the department

retains the right to review the request and first attempt to address the issues through the adoption

assistance agreement by providing post adoptive or post guardianship support services to the young

adult and his or her adoptive or guardianship family.

(e) Upon the request of the young adult, who voluntarily agreed to the extension of care

and placement by the department and legal supervision by the court, pursuant to subsections (c)

and (d) of this section, the court's legal supervision and the department's responsibility for care and

placement may be terminated. Provided, however, the young adult may request reinstatement of

responsibility and resumption of the court's legal supervision at any time prior to his or her twenty-

first birthday if the young adult meets the requirements set forth in subsection (c)(2). If the

department wishes to terminate the court's legal supervision and its responsibility for care and

placement, it may file a motion for good cause. The court may exercise its discretion to terminate

legal supervision over the young adult at any time.

(f) With the consent of the person previously under the court's supervision, the court may

reopen, extend, or retain its jurisdiction beyond that persons' person’s twenty-first birthday until

his or her twenty-second birthday or until September 30, 2021, whichever date occurs first, under

the following circumstances:

(1) The person aged out of DCYF care or left foster care during the COVID-19 public

health emergency, defined as beginning on January 27, 2020, and is entitled to extended benefits

pursuant to the terms of the Consolidated Appropriations Act of 2021, Pub. L. No. 116-260; and

(i) The court has or had obtained jurisdiction over the person prior to his or her eighteenth

birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent,

abused, or neglected pursuant to § 14-1-5, § 40-11-7 or § 42-72-14 or after the person's eighteenth

birthday pursuant to a Voluntary Extension of Care voluntary extension of care petition; and

(ii) Court supervision is necessary for the department of children, youth and families to

access IV-E funding to support such benefits, in whole or in part; and

(iii) Court supervision is required to continue transition planning and to ensure the safety,

permanency, and well-being of older youth who remain in or who age out of foster care and re-

enter foster care.

(f)(g) The court may retain jurisdiction of any child who is seriously emotionally disturbed

or developmentally delayed pursuant to § 42-72-5(b)(24)(v) until that child turns age twenty-one

(21) when the court shall have obtained jurisdiction over any child prior to the child's eighteenth

birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent,

neglected, and/or abused pursuant to §§ 14-1-5, and 40-11-7, or 42-72-14.

(g)(h) The department of children, youth and families shall work collaboratively with the

department of behavioral healthcare, developmental disabilities and hospitals, and other agencies,

in accordance with § 14-1-59, to provide the family court with a transition plan for those individuals

who come under the court's jurisdiction pursuant to a petition alleging that the child is dependent,

neglected, and/or abused and who are seriously emotionally disturbed or developmentally delayed

pursuant to § 42-72-5(b)(24)(v). This plan shall be a joint plan presented to the court by the

department of children, youth and families and the department of behavioral healthcare,

developmental disabilities and hospitals. The plan shall include the behavioral healthcare,

developmental disabilities and hospitals' community or residential service level, health insurance

option, education plan, available mentors, continuing support services, workforce supports and

employment services, and the plan shall be provided to the court at least twelve (12) months prior

to discharge. At least three (3) months prior to discharge, the plan shall identify the specific

placement for the child, if a residential placement is needed. The court shall monitor the transition

plan. In the instance where the department of behavioral healthcare, developmental disabilities and

hospitals has not made timely referrals to appropriate placements and services, the department of

children, youth and families may initiate referrals.

(h)(i) The parent and/or guardian and/or guardian ad litem of a child who is seriously

emotionally disturbed or developmentally delayed pursuant to § 42-72-5(b)(24)(v), and who is

before the court pursuant to §§ 14-1-5(1)(iii) through 14-1-5(1)(v), 40-11-7 or 42-72-14, shall be

entitled to a transition hearing, as needed, when the child reaches the age of twenty (20) if no

appropriate transition plan has been submitted to the court by the department of children, youth and

families and the department of behavioral healthcare, developmental disabilities and hospitals. The

family court shall require that the department of behavioral healthcare, developmental disabilities

and hospitals shall immediately identify a liaison to work with the department of children, youth

and families until the child reaches the age of twenty-one (21) and an immediate transition plan be

submitted if the following facts are found:

(1) No suitable transition plan has been presented to the court addressing the levels of

service appropriate to meet the needs of the child as identified by the department of behavioral

healthcare, developmental disabilities and hospitals; or

(2) No suitable housing options, health insurance, educational plan, available mentors,

continuing support services, workforce supports, and employment services have been identified for

the child.

(i)(j) In any case where the court shall not have acquired jurisdiction over any person prior

to the person's eighteenth (18th) birthday by the filing of a petition alleging that the person had

committed an offense, but a petition alleging that the person had committed an offense that would

be punishable as a felony if committed by an adult has been filed before that person attains the age

of nineteen (19) years of age, that person shall, except as specifically provided in this chapter, be

subject to the jurisdiction of the court until he or she becomes nineteen (19) years of age, unless

discharged prior to turning nineteen (19).

(j)(k) In any case where the court shall not have acquired jurisdiction over any person prior

to the person attaining the age of nineteen (19) years by the filing of a petition alleging that the

person had committed an offense prior to the person attaining the age of eighteen (18) years that

would be punishable as a felony if committed by an adult, that person shall be referred to the court

that had jurisdiction over the offense if it had been committed by an adult. The court shall have

jurisdiction to try that person for the offense committed prior to the person attaining the age of

eighteen (18) years and, upon conviction, may impose a sentence not exceeding the maximum

penalty provided for the conviction of that offense.

(k)(l) In any case where the court has certified and adjudicated a child in accordance with

the provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the power

and authority to sentence the child to a period in excess of the age of nineteen (19) years. However,

in no case shall the sentence be in excess of the maximum penalty provided by statute for the

conviction of the offense.

(l)(m) Nothing in this section shall be construed to affect the jurisdiction of other courts

over offenses committed by any person after he or she reaches the age of eighteen (18) years.

SECTION 6. Sections 40-5.2-8, 40-5.2-108, 40-5.2-11, 40-5.2-20 and 40-5.2-33 of the

General Laws in Chapter 40-5.2 entitled "The Rhode Island Works Program" are hereby amended

to read as follows:

40-5.2-8. Definitions.

As used in this chapter, the following terms having the meanings set forth herein, unless

the context in which such terms are used clearly indicates to the contrary:

(1) "Applicant" means a person who has filed a written application for assistance for

herself/himself herself or himself and her/his her or his dependent child(ren). An applicant may

be a parent or non-parent caretaker relative.

(2) "Assistance" means cash and any other benefits provided pursuant to this chapter.

(3) "Assistance unit" means the assistance-filing unit consisting of the group of persons,

including the dependent child(ren), living together in a single household who must be included in

the application for assistance and in the assistance payment if eligibility is established. An

assistance unit may be the same as a family.

(4) "Benefits" shall mean assistance received pursuant to this chapter.

(5) "Community service programs" means structured programs and activities in which cash

assistance recipients perform work for the direct benefit of the community under the auspices of

public or nonprofit organizations. Community service programs are designed to improve the

employability of recipients not otherwise able to obtain paid employment.

(6) "Department" means the department of human services.

(7) "Dependent child" means an individual, other than an individual with respect to whom

foster care maintenance payments are made, who is: (A) under (i) Under the age of eighteen (18);

or (B) under (ii) Under the age of nineteen (19) and a full-time student in a secondary school (or

in the equivalent level of vocational or educational training), if before he or she attains age nineteen

(19), he or she may reasonably be expected to complete the program of such secondary school (or

such training).

(8) "Director" means the director of the department of human services.

(9) "Earned income" means income in cash or the equivalent received by a person through

the receipt of wages, salary, commissions, or profit from activities in which the person is self-

employed or as an employee and before any deductions for taxes.

(10) "Earned income tax credit" means the credit against federal personal income tax

liability under § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, or any successor section,

the advanced payment of the earned income tax credit to an employee under § 3507 of the code, 26

U.S.C. § 3507 [repealed], or any successor section and any refund received as a result of the earned

income tax credit, as well as any refundable state earned income tax credit.

(11) "Education directly related to employment" means education, in the case of a

participant who has not received a high school diploma or a certificate of high school equivalency,

related to a specific occupation, job, or job offer.

(12) "Family" means: (A) a (i) A pregnant woman from and including the seventh month

of her pregnancy; or (B) a (ii) A child and the following eligible persons living in the same

household as the child: (C) each (iii) Each biological, adoptive or stepparent of the child, or in the

absence of a parent, any adult relative who is responsible, in fact, for the care of such child; and

(D) the (iv) The child's minor siblings (whether of the whole or half blood); provided, however,

that the term "family" shall not include any person receiving benefits under title XVI of the Social

Security Act, 42 U.S.C. § 1381 et seq. A family may be the same as the assistance unit.

(13) "Gross earnings" means earnings from employment and self-employment further

described in the department of human services rules and regulations.

(14) "Individual employment plan" means a written, individualized plan for employment

developed jointly by the applicant and the department of human services that specifies the steps the

participant shall take toward long-term economic independence developed in accordance with §

40-5.2-10(e). A participant must comply with the terms of the individual employment plan as a

condition of eligibility in accordance with § 40-5.2-10(e).

(15) "Job search and job readiness" means the mandatory act of seeking or obtaining

employment by the participant, or the preparation to seek or obtain employment.

In accord with federal requirements, job search activities must be supervised by the

department of labor and training and must be reported to the department of human services in

accordance with TANF work verification requirements.

Except in the context of rehabilitation employment plans, and special services provided by

the department of children, youth and families, job-search and job-readiness activities are limited

to four (4) consecutive weeks, or for a total of six (6) weeks in a twelve-month (12) period, with

limited exceptions as defined by the department. The department of human services, in consultation

with the department of labor and training, shall extend job-search, and job-readiness assistance for

up to twelve (12) weeks in a fiscal year if a state has an unemployment rate at least fifty percent

(50%) greater than the United States unemployment rate if the state meets the definition of a "needy

state" under the contingency fund provisions of federal law.

Preparation to seek employment, or job readiness, may include, but may not be limited to,:

the participant obtaining life-skills training,; homelessness services,; domestic violence services,;

special services for families provided by the department of children, youth and families,; substance

abuse treatment,; mental health treatment,; or rehabilitation activities as appropriate for those who

are otherwise employable. The services, treatment, or therapy must be determined to be necessary

and certified by a qualified medical or mental health professional. Intensive work-readiness

services may include: work-based literacy,; numeracy,; hands-on training,; work experience,; and

case management services. Nothing in this section shall be interpreted to mean that the department

of labor and training shall be the sole provider of job-readiness activities described herein.

(16) "Job skills training directly related to employment" means training or education for

job skills required by an employer to provide an individual with the ability to obtain employment

or to advance or adapt to the changing demands of the workplace. Job skills training directly related

to employment must be supervised on an ongoing basis.

(17) "Minor parent" means a parent under the age of eighteen (18). A minor parent may be

an applicant or recipient with his or her dependent child(ren) in his/her his or her own case or a

member of an assistance unit with his or her dependent child(ren) in a case established by the minor

parent's parent.

(18) "Net income" means the total gross income of the assistance unit less allowable

disregards and deductions as described in § 40-5.2-10(g).

(19) "On-the-job-training" means training in the public or private sector that is given to a

paid employee while he or she is engaged in productive work and that provides knowledge and

skills essential to the full and adequate performance of the job. On-the-job training must be

supervised by an employer, work-site sponsor, or other designee of the department of human

services on an ongoing basis.

(20) "Participant" means a person who has been found eligible for assistance in accordance

with this chapter and who must comply with all requirements of this chapter, and has entered into

an individual employment plan. A participant may be a parent or non-parent caretaker relative

included in the cash assistance payment.

(21) "Recipient" means a person who has been found eligible and receives cash assistance

in accordance with this chapter.

(22) "Relative" means a parent, stepparent, grandparent, great grandparent, great-great

grandparent, aunt, great-aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister, brother,

stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed, niece, great-

niece, great-great niece, nephew, great-nephew, or great-great nephew.

(23) "Resident" means a person who maintains residence by his or her continuous physical

presence in the state.

(24) "Self-employment income" means the total profit from a business enterprise, farming,

etc., resulting from a comparison of the gross receipts with the business expenses, i.e., expenses

directly related to producing the goods or services and without which the goods or services could

not be produced. However, items such as depreciation, personal business and entertainment

expenses, and personal transportation are not considered business expenses for the purposes of

determining eligibility for cash assistance in accordance with this chapter.

(25) "State" means the State state of Rhode Island and Providence Plantations.

(26) "Subsidized employment" means employment in the private or public sectors for

which the employer receives a subsidy from TANF or other public funds to offset some or all of

the wages and costs of employing a recipient. It includes work in which all or a portion of the wages

paid to the recipient are provided to the employer either as a reimbursement for the extra costs of

training or as an incentive to hire the recipient, including, but not limited to, grant diversion.

(27) "Subsidized housing" means housing for a family whose rent is restricted to a

percentage of its income.

(28) "Unsubsidized employment" means full- or part-time employment in the public or

private sector that is not subsidized by TANF or any other public program.

(29) "Vocational educational training" means organized educational programs, not to

exceed twelve (12) months with respect to any participant, that are directly related to the preparation

of participants for employment in current or emerging occupations. Vocational educational training

must be supervised.

(30) "Work activities" mean the specific work requirements that must be defined in the

individual employment plan and must be complied with by the participant as a condition of

eligibility for the receipt of cash assistance for single and two-family (2) households outlined in §

40-5.2-12 of this chapter.

(31) "Work experience" means a work activity that provides a participant with an

opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain

employment. The purpose of work experience is to improve the employability of those who cannot

find unsubsidized employment. An employer, work site sponsor, and/or other appropriate designee

of the department must supervise this activity.

(32) "Work supplementation," also known as "grant diversion," means the use of all or a

portion of a participant's cash assistance grant and food stamp grant as a wage supplement to an

employer. The supplement shall be limited to a maximum period of twelve (12) months. An

employer must agree to continue the employment of the participant as part of the regular work

force, beyond the supplement period, if the participant demonstrates satisfactory performance.

40-5.2-10. Necessary requirements and conditions.

The following requirements and conditions shall be necessary to establish eligibility for

the program.

(a) Citizenship, alienage, and residency requirements.

(1) A person shall be a resident of the State state of Rhode Island.

(2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the

alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, PRWORA, Public Laws Pub. L. No. 104-193 and as that section may

hereafter be amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not

meet the alienage requirements established in PRWORA, as amended, is not eligible for cash

assistance in accordance with this chapter.

(b) The family/assistance unit must meet any other requirements established by the

department of human services by rules and regulations adopted pursuant to the Administrative

Procedures Act administrative procedures act, as necessary to promote the purpose and goals of

this chapter.

requirements.

(d) All individuals domiciled in this state shall be exempt from the application of

subdivision 115(d)(1)(A) of Public Law Pub. L. No. 104-193, the Personal Responsibility and

Work Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any

individual ineligible for certain state and federal assistance if that individual has been convicted

under federal or state law of any offense that is classified as a felony by the law of the jurisdiction

and that has as an element the possession, use, or distribution of a controlled substance as defined

in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)).

(e) Individual employment plan as a condition of eligibility.

(1) Following receipt of an application, the department of human services shall assess the

financial conditions of the family, including the non-parent caretaker relative who is applying for

cash assistance for himself or herself as well as for the minor child(ren), in the context of an

eligibility determination. If a parent or non-parent caretaker relative is unemployed or under-

employed, the department shall conduct an initial assessment,, taking into account: (A) The

physical capacity, skills, education, work experience, health, safety, family responsibilities, and

place of residence of the individual; and (B) The child care and supportive services required by the

applicant to avail himself or herself of employment opportunities and/or work readiness programs.

(2) On the basis of this assessment, the department of human services and the department

of labor and training, as appropriate, in consultation with the applicant, shall develop an individual

employment plan for the family which that requires the individual to participate in the intensive

employment services. Intensive employment services shall be defined as the work requirement

activities in § 40-5.2-12(g) and (i).

(3) The director, or his or her designee, may assign a case manager to an

applicant/participant, as appropriate.

(4) The department of labor and training and the department of human services in

conjunction with the participant shall develop a revised individual employment plan that shall

identify employment objectives, taking into consideration factors above, and shall include a

strategy for immediate employment and for preparing for, finding, and retaining employment

consistent, to the extent practicable, with the individual's career objectives.

(5) The individual employment plan must include the provision for the participant to

engage in work requirements as outlined in § 40-5.2-12.

(6)(i) The participant shall attend and participate immediately in intensive assessment and

employment services as the first step in the individual employment plan, unless temporarily exempt

from this requirement in accordance with this chapter. Intensive assessment and employment

services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i).

(ii) Parents under age twenty (20) without a high school diploma or general equivalency

diploma (GED) shall be referred to special teen-parent programs which that will provide intensive

services designed to assist teen parents to complete high school education or GED, and to continue

approved work plan activities in accord with Rhode Island works program requirements.

(7) The applicant shall become a participant in accordance with this chapter at the time the

individual employment plan is signed and entered into.

(8) Applicants and participants of the Rhode Island works program shall agree to comply

with the terms of the individual employment plan, and shall cooperate fully with the steps

established in the individual employment plan, including the work requirements.

(9) The department of human services has the authority under the chapter to require

attendance by the applicant/participant, either at the department of human services or at the

department of labor and training, at appointments deemed necessary for the purpose of having the

applicant enter into and become eligible for assistance through the Rhode Island works program.

The appointments include, but are not limited to,: the initial interview, orientation and assessment;

job readiness; and job search. Attendance is required as a condition of eligibility for cash assistance

in accordance with rules and regulations established by the department.

(10) As a condition of eligibility for assistance pursuant to this chapter, the

applicant/participant shall be obligated to keep appointments,; attend orientation meetings at the

department of human services and/or the Rhode Island department of labor and training; participate

in any initial assessments or appraisals; and comply with all the terms of the individual employment

plan in accordance with department of human services rules and regulations.

(11) A participant, including a parent or non-parent caretaker relative included in the cash

assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as

defined in this chapter or the department's rules and regulations.

(12) A participant who voluntarily quits or refuses a job without good cause, as defined in

§ 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be sanctioned

in accordance with rules and regulations promulgated by the department.

(f) Resources.

(1) The family or assistance unit's countable resources shall be less than the allowable

resource limit established by the department in accordance with this chapter.

(2) No family or assistance unit shall be eligible for assistance payments if the combined

value of its available resources (reduced by any obligations or debts with respect to such resources)

exceeds one thousand dollars ($1,000).

(3) For purposes of this subsection, the following shall not be counted as resources of the

family/assistance unit in the determination of eligibility for the works program:

(i) The home owned and occupied by a child, parent, relative, or other individual;

(ii) Real property owned by a husband and wife as tenants by the entirety, if the property

is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in

the property;

(iii) Real property that the family is making a good-faith effort to dispose of, however, any

cash assistance payable to the family for any such period shall be conditioned upon such disposal

of the real property within six (6) months of the date of application and any payments of assistance

for that period shall (at the time of disposal) be considered overpayments to the extent that they

would not have occurred at the beginning of the period for which the payments were made. All

overpayments are debts subject to recovery in accordance with the provisions of the chapter;

(iv) Income-producing property other than real estate including, but not limited to,

equipment such as farm tools, carpenter's tools, and vehicles used in the production of goods or

services that the department determines are necessary for the family to earn a living;

(v) One vehicle for each adult household member, but not to exceed two (2) vehicles per

household, and in addition, a vehicle used primarily for income-producing purposes such as, but

not limited to, a taxi, truck, or fishing boat; a vehicle used as a family's home; a vehicle that annually

produces income consistent with its fair market value, even if only used on a seasonal basis; a

vehicle necessary to transport a family member with a disability where the vehicle is specially

equipped to meet the specific needs of the person with a disability or if the vehicle is a special type

of vehicle that makes it possible to transport the person with a disability;

(vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of

limited value;

(vii) Burial plots (one for each child, relative, and other individual in the assistance unit)

and funeral arrangements;

(viii) For the month of receipt and the following month, any refund of federal income taxes

made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating

to earned income tax credit), and any payment made to the family by an employer under § 3507 of

the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of

such earned income credit);

(ix) The resources of any family member receiving supplementary security income

assistance under the Social Security Act, 42 U.S.C. § 301 et seq.;

(x) Any veteran's disability pension benefits received as a result of any disability sustained

by the veteran while in the military service.

(g) Income.

(1) Except as otherwise provided for herein, in determining eligibility for and the amount

of cash assistance to which a family is entitled under this chapter, the income of a family includes

all of the money, goods, and services received or actually available to any member of the family.

(2) In determining the eligibility for and the amount of cash assistance to which a

family/assistance unit is entitled under this chapter, income in any month shall not include the first

one hundred seventy dollars ($170) of gross earnings plus fifty percent (50%) of the gross earnings

of the family in excess of one hundred seventy dollars ($170) earned during the month.

(3) The income of a family shall not include:

(i) The first fifty dollars ($50.00) in child support received in any month from each non-

custodial noncustodial parent of a child plus any arrearages in child support (to the extent of the

first fifty dollars ($50.00) per month multiplied by the number of months in which the support has

been in arrears) that are paid in any month by a non-custodial noncustodial parent of a child;

(ii) Earned income of any child;

(iii) Income received by a family member who is receiving supplemental security income

Supplemental Security Income (SSI) assistance under Title XVI of the Social Security Act, 42

U.S.C. § 1381 et seq.;

(iv) The value of assistance provided by state or federal government or private agencies to

meet nutritional needs, including: value of USDA-donated foods; value of supplemental food

assistance received under the Child Nutrition Act of 1966, as amended, and the special food service

program for children under Title VII, nutrition program for the elderly, of the Older Americans Act

of 1965 as amended, and the value of food stamps;

(v) Value of certain assistance provided to undergraduate students, including any grant or

loan for an undergraduate student for educational purposes made or insured under any loan program

administered by the United States Commissioner of Education (or the Rhode Island council on

postsecondary education or the Rhode Island division of higher education assistance);

(vi) Foster care payments;

(vii) Home energy assistance funded by state or federal government or by a nonprofit

organization;

(viii) Payments for supportive services or reimbursement of out-of-pocket expenses made

to foster grandparents, senior health aides, or senior companions and to persons serving in SCORE

and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act

of 1973, 42 U.S.C. § 5000 et seq.;

(ix) Payments to volunteers under AmeriCorps VISTA as defined in the department's rules

and regulations;

(x) Certain payments to native Americans; payments distributed per capita to, or held in

trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134,

25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes

which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17,

1975;

(xi) Refund from the federal and state earned income tax credit;

(xii) The value of any state, local, or federal government rent or housing subsidy, provided

that this exclusion shall not limit the reduction in benefits provided for in the payment standard

section of this chapter.;

(xiii) The earned income of any adult family member who gains employment while an

active RI Works household member. Such This income is excluded for the first six (6) months of

employment in which the income is earned, or until the household's total gross income exceeds one

hundred and eighty-five (185) percent (185%) of the federal poverty level, unless the household

reaches its forty-eight-(48) month (48) time limit first.;

(xiv) Any veteran's disability pension benefits received as a result of any disability

sustained by the veteran while in the military service.

(4) The receipt of a lump sum of income shall affect participants for cash assistance in

accordance with rules and regulations promulgated by the department.

(h) Time limit on the receipt of cash assistance.

(1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this

chapter, to a family or assistance unit that includes an adult member who has received cash

assistance for a total of forty-eight (48) months (whether or not consecutive), to include any time

receiving any type of cash assistance in any other state or territory of the United States of America

as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3)

with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to

a family or assistance unit which that includes an adult member who has received cash assistance

for a total of a lifetime limit of forty-eight (48) months.

(2) Cash benefits received by a minor dependent child shall not be counted toward their

lifetime time limit for receiving benefits under this chapter should that minor child apply for cash

benefits as an adult.

(3) Certain minor children not subject to time limit. This section regarding the lifetime time

limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren)

living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult

non-parent caretaker relative who is not in the cash assistance payment.

(4) Receipt of family cash assistance in any other state or territory of the United States of

America shall be determined by the department of human services and shall include family cash

assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds

[Title IV-A of the Federal federal Social Security Act 42 U.S.C. § 601 et seq.] and/or family cash

assistance provided under a program similar to the Rhode Island families work and opportunity

program or the federal TANF program.

(5)(i) The department of human services shall mail a notice to each assistance unit when

the assistance unit has six (6) months of cash assistance remaining and each month thereafter until

the time limit has expired. The notice must be developed by the department of human services and

must contain information about the lifetime time limit, the number of months the participant has

remaining, the hardship extension policy, the availability of a post-employment-and-closure

bonus,; and any other information pertinent to a family or an assistance unit nearing the forty-eight-

month (48) lifetime time limit.

(ii) For applicants who have less than six (6) months remaining in the forty-eight-month

(48) lifetime time limit because the family or assistance unit previously received cash assistance in

Rhode Island or in another state, the department shall notify the applicant of the number of months

remaining when the application is approved and begin the process required in subsection (h)(5)(i).

(6) If a cash assistance recipient family was closed pursuant to Rhode Island's Temporary

Assistance for Needy Families Program (federal TANF described in Title IV-A of the Federal

federal Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family

independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction

because of failure to comply with the cash assistance program requirements; and that recipient

family received forty-eight (48) months of cash benefits in accordance with the family

independence program, then that recipient family is not able to receive further cash assistance for

his/her family, under this chapter, except under hardship exceptions.

(7) The months of state or federally funded cash assistance received by a recipient family

since May 1, 1997, under Rhode Island's Temporary Assistance for Needy Families Program

(federal TANF described in Title IV-A of the Federal federal Social Security Act, 42 U.S.C. § 601

et seq.), formerly entitled the Rhode Island family independence program, shall be countable

toward the time-limited cash assistance described in this chapter.

(i) Time limit on the receipt of cash assistance.

(1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance

unit in which an adult member has received cash assistance for a total of sixty (60) months (whether

or not consecutive) to include any time receiving any type of cash assistance in any other state or

territory of the United States as defined herein effective August 1, 2008. Provided further, that no

cash assistance shall be provided to a family in which an adult member has received assistance for

twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan

as provided in § 40-5.2-12(g)(5).

(2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter

to a family in which a child has received cash assistance for a total of sixty (60) months (whether

or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to

subdivision 40-5.2(a) (2) subsection (a)(2) of this section to include any time they received any

type of cash assistance in any other state or territory of the United States as defined herein.

(j) Hardship exceptions.

(1) The department may extend an assistance unit's or family's cash assistance beyond the

time limit, by reason of hardship; provided, however, that the number of families to be exempted

by the department with respect to their time limit under this subsection shall not exceed twenty

percent (20%) of the average monthly number of families to which assistance is provided for under

this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by

federal law, any waiver granted under § 40-5.2-35 40-5.2-34, for domestic violence, shall not be

counted in determining the twenty percent (20%) maximum under this section.

(2) Parents who receive extensions to the time limit due to hardship must have and comply

with employment plans designed to remove or ameliorate the conditions that warranted the

extension.

(k) Parents under eighteen (18) years of age.

(1) A family consisting of a parent who is under the age of eighteen (18), and who has

never been married, and who has a child; or a family consisting of a woman under the age of

eighteen (18) who is at least six (6) months pregnant, shall be eligible for cash assistance only if

the family resides in the home of an adult parent, legal guardian, or other adult relative. The

assistance shall be provided to the adult parent, legal guardian, or other adult relative on behalf of

the individual and child unless otherwise authorized by the department.

(2) This subsection shall not apply if the minor parent or pregnant minor has no parent,

legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the

department determines that the physical or emotional health or safety of the minor parent, or his or

her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same

residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal

guardian, or other adult relative to allow the minor parent or his or her child, or a pregnant minor,

to live in his or her home shall constitute a presumption that the health or safety would be so

jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or

legal guardian for a period of at least one year before either the birth of any child to a minor parent

or the onset of the pregnant minor's pregnancy; or there is good cause, under departmental

regulations, for waiving the subsection; and the individual resides in a supervised supportive living

arrangement to the extent available.

(3) For purposes of this section, "supervised supportive-living arrangement" means an

arrangement that requires minor parents to enroll and make satisfactory progress in a program

leading to a high school diploma or a general education development certificate, and requires minor

parents to participate in the adolescent parenting program designated by the department, to the

extent the program is available; and provides rules and regulations that ensure regular adult

supervision.

(l) Assignment and cooperation. As a condition of eligibility for cash and medical

assistance under this chapter, each adult member, parent, or caretaker relative of the

family/assistance unit must:

(1) Assign to the state any rights to support for children within the family from any person

that the family member has at the time the assignment is executed or may have while receiving

assistance under this chapter;

(2) Consent to and cooperate with the state in establishing the paternity and in establishing

and/or enforcing child support and medical support orders for all children in the family or assistance

unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker

relative is found to have good cause for refusing to comply with the requirements of this subsection.

(3) Absent good cause, as defined by the department of human services through the rule-

making rulemaking process, for refusing to comply with the requirements of subsections (l)(1)

and (l)(2), cash assistance to the family shall be reduced by twenty-five percent (25%) until the

adult member of the family who has refused to comply with the requirements of this subsection

consents to and cooperates with the state in accordance with the requirements of this subsection.

(4) As a condition of eligibility for cash and medical assistance under this chapter, each

adult member, parent, or caretaker relative of the family/assistance unit must consent to and

cooperate with the state in identifying and providing information to assist the state in pursuing any

third-party who may be liable to pay for care and services under Title XIX of the Social Security

Act, 42 U.S.C. § 1396 et seq.

40-5.2-11. Cash assistance.

(a) A family or assistance unit found by the department to meet the eligibility criteria set

forth in this chapter shall be eligible to receive cash assistance as of the date a signed, written

application, signed under a penalty of perjury, is received by the department.

(b) The family members or assistance unit shall be eligible for cash assistance for so long

as they continue to meet the eligibility criteria outlined in accordance with this chapter. Parents and

adult non-parent caretaker relatives receiving cash assistance shall be eligible so long as they meet

the terms and conditions of the work requirements of § 40-5.2-12. An adult caretaker relative shall

be eligible for assistance as a member of the assistance unit so long as he/she he or she meets all

the eligibility requirements of this chapter.

family minus the countable income of the family in that month. The department is authorized to

reduce the amount of assistance in the month of application to reflect the number of the days

between the first day of the month and the effective date of the application.

(d) A decision on the application for assistance shall be made or rejected by the department

no later than thirty (30) days following the date submitted and shall be effective as of the date of

application.

(e) The payment standard is equal to the sum of the following: three hundred twenty-seven

dollars ($327) (two hundred seventy-seven dollars ($277) four hundred twenty-five dollars ($425)

(three hundred sixty dollars ($360) for a family residing in subsidized housing) for the first person,;

one hundred twenty-two dollars ($122) one hundred fifty-nine dollars ($159) for the second

person,; one hundred five dollars ($105) one hundred thirty-seven dollars ($137) for the third

person; and eighty dollars ($80) and one hundred four dollars ($104) for each additional person.

40-5.2-20. Childcare assistance - Families or assistance units eligible.

(a) The department shall provide appropriate child care to every participant who is eligible

for cash assistance and who requires child care in order to meet the work requirements in

accordance with this chapter.

(b) Low-income child care. The department shall provide child care to all other working

families with incomes at or below one hundred eighty percent (180%) of the federal poverty level

if, and to the extent, these other families require child care in order to work at paid employment as

defined in the department's rules and regulations. Beginning October 1, 2013, the department shall

also provide child care to families with incomes below one hundred eighty percent (180%) of the

federal poverty level if, and to the extent, these families require child care to participate on a short-

term basis, as defined in the department's rules and regulations, in training, apprenticeship,

internship, on-the-job training, work experience, work immersion, or other job-readiness/job-

attachment program sponsored or funded by the human resource investment council (governor's

workforce board) or state agencies that are part of the coordinated program system pursuant to §

42-102-11. Effective from January 1, 2021, through June 30, 2022, the department shall also

provide child care childcare assistance to families with incomes below one hundred eighty percent

(180%) of the federal poverty level when such assistance is necessary for a member of these

families to enroll or maintain enrollment in a Rhode Island public institution of higher education

provided that eligibility to receive funding is capped when expenditures reach $200,000 for this

provision.

the combined value of its liquid resources exceeds one million dollars ($1,000,000), which

corresponds to the amount permitted by the federal government under the state plan and set forth

in the administrative rulemaking process by the department. Liquid resources are defined as any

interest(s) in property in the form of cash or other financial instruments or accounts that are readily

convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit

union, or other financial institution savings, checking, and money market accounts; certificates of

deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments

or accounts. These do not include educational savings accounts, plans, or programs; retirement

accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse.

The department is authorized to promulgate rules and regulations to determine the ownership and

source of the funds in the joint account.

(d) As a condition of eligibility for childcare assistance under this chapter, the parent or

caretaker relative of the family must consent to, and must cooperate with, the department in

establishing paternity, and in establishing and/or enforcing child support and medical support

orders for any children in the family receiving appropriate child care under this section in

accordance with the applicable sections of title 15 of the state's general laws, as amended, unless

the parent or caretaker relative is found to have good cause for refusing to comply with the

requirements of this subsection.

(e) For purposes of this section, "appropriate child care" means child care, including infant,

toddler, pre-school preschool, nursery school, and school-age, that is provided by a person or

organization qualified, approved, and authorized to provide the care by the state agency or agencies

designated to make the determinations in accordance with the provisions set forth herein.

(f)(1) Families with incomes below one hundred percent (100%) of the applicable federal

poverty level guidelines shall be provided with free child care. Families with incomes greater than

one hundred percent (100%) and less than one hundred eighty percent (180%) of the applicable

federal poverty guideline shall be required to pay for some portion of the child care they receive,

according to a sliding-fee scale adopted by the department in the department's rules, not to exceed

seven percent (7%) of income as defined in subsection (h) of this section.

(2) Families who are receiving childcare assistance and who become ineligible for

childcare assistance as a result of their incomes exceeding one hundred eighty percent (180%) of

the applicable federal poverty guidelines shall continue to be eligible for childcare assistance until

their incomes exceed two hundred twenty-five percent (225%) of the applicable federal poverty

guidelines. To be eligible, the families must continue to pay for some portion of the child care they

receive, as indicated in a sliding-fee scale adopted in the department's rules, not to exceed seven

percent (7%) of income as defined in subsection (h) of this section, and in accordance with all other

eligibility standards.

(g) In determining the type of child care to be provided to a family, the department shall

take into account the cost of available childcare options; the suitability of the type of care available

for the child; and the parent's preference as to the type of child care.

(h) For purposes of this section, "income" for families receiving cash assistance under §

40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in

§§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and

unearned income as determined by departmental regulations.

(i) The caseload estimating conference established by chapter 17 of title 35 shall forecast

the expenditures for child care in accordance with the provisions of § 35-17-1.

(j) In determining eligibility for childcare assistance for children of members of reserve

components called to active duty during a time of conflict, the department shall freeze the family

composition and the family income of the reserve component member as it was in the month prior

to the month of leaving for active duty. This shall continue until the individual is officially

discharged from active duty.

40-5.2-33. School-age children Child clothing allowance.

Subject to general assembly appropriation, one One month each year, each dependent

school age child as defined by the department of human services who lives in a family receiving

cash assistance under this chapter in that month shall be given a supplementary payment of no less

than one hundred dollars ($100) for the purchase of clothing in accordance with Title IV-A of the

Social Security Act, 42 U.S.C. § 601 et seq.

SECTION 7. Sections 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled "Child

Care – State Subsidies" is hereby amended to read as follows:

40-6.2-1.1. Rates established.

(a) Through June 30, 2015, subject to the payment limitations in subsection (c), the

maximum reimbursement rates to be paid by the departments of human services and children, youth

and families for licensed childcare centers and licensed family childcare providers shall be based

on the following schedule of the 75th percentile of the 2002 weekly market rates adjusted for the

average of the 75th percentile of the 2002 and the 2004 weekly market rates:

LICENSED CHILDCARE CENTERS 75th PERCENTILE OF WEEKLY

MARKET RATE

INFANT $182.00

PRESCHOOL $150.00

SCHOOL-AGE $135.00

LICENSED FAMILY CHILDCARE 75th PERCENTILE OF WEEKLY

PROVIDERS MARKET RATE

INFANT $150.00

PRESCHOOL $150.00

SCHOOL-AGE $135.00

Effective July 1, 2015, subject to the payment limitations in subsection (c), the maximum

reimbursement rates to be paid by the departments of human services and children, youth and

families for licensed childcare centers and licensed family childcare providers shall be based on the

above schedule of the 75th percentile of the 2002 weekly market rates adjusted for the average of

the 75th percentile of the 2002 and the 2004 weekly market rates. These rates shall be increased by

ten dollars ($10.00) per week for infant/toddler care provided by licensed family childcare

providers and license-exempt providers and then the rates for all providers for all age groups shall

be increased by three percent (3%). For the fiscal year ending June 30, 2018, licensed childcare

centers shall be reimbursed a maximum weekly rate of one hundred ninety-three dollars and sixty-

four cents ($193.64) for infant/toddler care and one hundred sixty-one dollars and seventy-one

cents ($161.71) for preschool-age children.

(b) Effective July l, 2018, subject to the payment limitations in subsection (c), the

maximum infant/toddler and preschool-age reimbursement rates to be paid by the departments of

human services and children, youth and families for licensed childcare centers shall be

implemented in a tiered manner, reflective of the quality rating the provider has achieved within

the state's quality rating system outlined in § 42-12-23.1.

(1) For infant/toddler child care, tier one shall be reimbursed two and one-half percent

(2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above

the FY 2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the FY

2018 weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 weekly

amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 weekly

amount.

(2) For preschool reimbursement rates, tier one shall be reimbursed two and one-half

(2.5%) percent above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%)

above the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) above the FY

2018 weekly amount, tier four shall be reimbursed thirteen percent (13%) above the FY 2018

weekly amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY 2018

weekly amount.

(d) By June 30, 2004, and biennially through June 30, 2014, the department of labor and

training shall conduct an independent survey or certify an independent survey of the then-current

weekly market rates for child care in Rhode Island and shall forward the weekly market rate survey

to the department of human services. The next survey shall be conducted by June 30, 2016, and

triennially thereafter. The departments of human services and labor and training will jointly

determine the survey criteria including, but not limited to, rate categories and sub-categories.

(e) In order to expand the accessibility and availability of quality child care, the department

of human services is authorized to establish, by regulation, alternative or incentive rates of

reimbursement for quality enhancements, innovative or specialized child care, and alternative

methodologies of childcare delivery, including nontraditional delivery systems and collaborations.

(f) Effective January 1, 2007, all childcare providers have the option to be paid every two

(2) weeks and have the option of automatic direct deposit and/or electronic funds transfer of

reimbursement payments.

(g) Effective July 1, 2019, the maximum infant/toddler reimbursement rates to be paid by

the departments of human services and children, youth and families for licensed family childcare

providers shall be implemented in a tiered manner, reflective of the quality rating the provider has

achieved within the state's quality rating system outlined in § 42-12-23.1. Tier one shall be

reimbursed two percent (2%) above the prevailing base rate for step 1 and step 2 providers, three

percent (3%) above prevailing base rate for step 3 providers, and four percent (4%) above the

prevailing base rate for step 4 providers; tier two shall be reimbursed five percent (5%) above the

prevailing base rate; tier three shall be reimbursed eleven percent (11%) above the prevailing base

rate; tier four shall be reimbursed fourteen percent (14%) above the prevailing base rate; and tier

five shall be reimbursed twenty-three percent (23%) above the prevailing base rate.

(h) Through December 31, 2021, the maximum reimbursement rates paid by the

departments of human services, and children, youth and families to licensed childcare centers shall

be consistent with the enhanced emergency rates provided as of June 1, 2021, as follows:

Tier 1 Tier 2 Tier 3 Tier 4 Tier 5

Infant/Toddler $257.54 $257.54 $257.54 $257.54 $273.00

Pre-school Age $195.67 $195.67 $195.67 $195.67 $260.00

School Age $200.00 $200.00 $200.00 $200.00 $245.00

The maximum reimbursement rates paid by the departments of human services, and

children, youth and families to licensed family childcare providers shall be consistent with the

enhanced emergency rates provided as of June 1, 2021, as follows:

Tier 1 Tier 2 Tier 3 Tier 4 Tier 5

Infant/Toddler $224.43 $224.43 $224.43 $224.43 $224.43

Pre-school Age $171.45 $171.45 $171.45 $171.45 $171.45

School Age $162.30 $162.30 $162.30 $162.30 $162.30

(i) Effective January 1, 2022, the maximum reimbursement rates to be paid by the

departments of human services and children, youth and families for licensed childcare centers shall

be implemented in a tiered manner, reflective of the quality rating the provider has achieved within

the state's quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be

reimbursed as follows:

LICENSED CHILDCARE

CENTERS Tier One Tier Two Tier Three Tier Four Tier Five

Infant/Toddler $236.36 $244.88 $257.15 $268.74 $284.39

Preschool $207.51 $212.27 $218.45 $223.50 $231.39

School-Age $180.38 $182.77 $185.17 $187.57 $189.97

The maximum reimbursement rates for licensed family childcare providers paid by the

departments of human services, and children, youth and families is determined through collective

bargaining. The maximum reimbursement rates for infant/toddler and preschool age children paid

to licensed family childcare providers by both departments is implemented in a tiered manner that

reflects the quality rating the provider has achieved in accordance with § 42-12-23.1.

SECTION 8. Sections 42-56-20.2, 42-56-24 and 42-56-38 of the General Laws in Chapter

42-56 entitled "Corrections Department" are hereby amended to read as follows:

42-56-20.2. Community confinement.

(a) Persons subject to this section. Every person who shall have been adjudged guilty of

any crime after trial before a judge, a judge and jury, or before a single judge entertaining the

person's plea of nolo contendere or guilty to an offense ("adjudged person"), and every person

sentenced to imprisonment in the adult correctional institutions ("sentenced person") including

those sentenced or imprisoned for civil contempt, and every person awaiting trial at the adult

correctional institutions ("detained person") who meets the criteria set forth in this section shall be

subject to the terms of this section except:

(1) Any person who is unable to demonstrate that a permanent place of residence ("eligible

residence") within this state is available to that person; or

(2) Any person who is unable to demonstrate that he or she will be regularly employed, or

enrolled in an educational or vocational training program within this state, and within thirty (30)

days following the institution of community confinement; or

(3)(i) Any adjudged person or sentenced person or detained person who has been

convicted, within the five (5) years next preceding the date of the offense for which he or she is

currently so adjudged or sentenced or detained, of a violent felony. A "violent felony" as used in

this section shall mean any one of the following crimes or an attempt to commit that crime: murder,;

manslaughter,; sexual assault,; mayhem,; robbery,; burglary,; assault with a dangerous weapon,;

assault or battery involving serious bodily injury,; arson,; breaking and entering into a dwelling,;

child molestation,; kidnapping,; DWI resulting in death or serious injury,; or driving to endanger

resulting in death or serious injury; or

(ii) Any person currently adjudged guilty of or sentenced for or detained on any capital

felony; or

(iii) Any person currently adjudged guilty of or sentenced for or detained on a felony

offense involving the use of force or violence against a person or persons. These shall include, but

are not limited to, those offenses listed in subsection (a)(3)(i) of this section; or

(iv) Any person currently adjudged guilty, sentenced, or detained for the sale, delivery, or

possession with intent to deliver a controlled substance in violation of § 21-28-4.01(a)(4)(i) or

possession of a certain enumerated quantity of a controlled substance in violation of §§ 21-28-

4.01.1 or § 21-28-4.01.2; or

(v) Any person currently adjudged guilty of, or sentenced for, or detained on an offense

involving the illegal possession of a firearm.

(b) Findings prior to sentencing to community confinement. In the case of adjudged

persons, if the judge intends to impose a sentence of community confinement, he or she shall first

make specific findings, based on evidence regarding the nature and circumstances of the offense

and the personal history, character, record, and propensities of the defendant which that are

relevant to the sentencing determination, and these findings shall be placed on the record at the

time of sentencing. These findings shall include, but are not limited to:

(1) A finding that the person does not demonstrate a pattern of behavior indicating a

propensity for violent behavior;

(2) A finding that the person meets each of the eligibility criteria set forth in subsection (a)

of this section;

(3) A finding that simple probation is not an appropriate sentence;

(4) A finding that the interest of justice requires, for specific reasons, a sentence of non-

institutional confinement; and

(5) A finding that the person will not pose a risk to public safety if placed in community

confinement.

The facts supporting these findings shall be placed on the record and shall be subject to

review on appeal.

(1) There shall be established within the department of corrections, a community

confinement program to serve that number of adjudged persons, sentenced persons, and detainees,

that the director of the department of corrections ("director") shall determine on or before July 1 of

each year. Immediately upon that determination, the director shall notify the presiding justice of

the superior court of the number of adjudged persons, sentenced persons, and detainees that can be

accommodated in the community confinement program for the succeeding twelve (12) months.

One-half (1/2) of all persons sentenced to community confinement shall be adjudged persons, and

the balance shall be detainees and sentenced persons. The director shall provide to the presiding

justice of the superior court and the family court on the first day of each month a report to set forth

the number of adjudged persons, sentenced persons, and detainees participating in the community

confinement program as of each reporting date. Notwithstanding any other provision of this section,

if on April 1 of any fiscal year less than one-half (1/2) of all persons sentenced to community

confinement shall be adjudged persons, then those available positions in the community

confinement program may be filled by sentenced persons or detainees in accordance with the

procedures set forth in subsection (c)(2) of this section.

(2) In the case of inmates other than those classified to community confinement under

subsection (h) of this section, the director may make written application ("application") to the

sentencing judge for an order ("order") directing that a sentenced person or detainee be confined

within an eligible residence for a period of time, which in the case of a sentenced person, shall not

exceed the term of imprisonment. This application and order shall contain a recommendation for a

program of supervision and shall contain the findings set forth in subsections (b)(1), (b)(2), (b)(3),

(b)(4), and (b)(5) of this section and facts supporting these findings. The application and order may

contain a recommendation for the use of electronic surveillance or monitoring devices. The hearing

on this application shall be held within ten (10) business days following the filing of this

application. If the sentencing judge is unavailable to hear and consider the application the presiding

justice of the superior court shall designate another judge to do so.

(3) In lieu of any sentence that may be otherwise imposed upon any person subject to this

section, the sentencing judge may cause an adjudged person to be confined within an eligible

residence for a period of time not to exceed the term of imprisonment otherwise authorized by the

statute the adjudged person has been adjudged guilty of violating.

(4) With authorization by the sentencing judge, or, in the case of sentenced persons

classified to community confinement under subsection (h) of this section by the director of

corrections, or in accordance with the order, persons confined under the provisions of this chapter

may be permitted to exit the eligible residence in order to travel directly to and from their place of

employment or education or training and may be confined in other terms or conditions consistent

with the basic needs of that person that justice may demand, including the right to exit the eligible

residence to which that person is confined for certain enumerated purposes such as religious

observation, medical and dental treatment, participation in an education or vocational training

program, and counseling, all as set forth in the order.

(d) Administration.

(1) Community confinement. The supervision of persons confined under the provisions of

this chapter shall be conducted by the director, or his or her designee.

(2) Intense surveillance. The application and order shall prescribe a program of intense

surveillance and supervision by the department of corrections. Persons confined under the

provisions of this section shall be subject to searches of their persons or of their property when

deemed necessary by the director, or his or her designee, in order to ensure the safety of the

community, supervisory personnel, the safety and welfare of that person, and/or to ensure

compliance with the terms of that person's program of community confinement; provided, however,

that no surveillance, monitoring or search shall be done at manifestly unreasonable times or places

nor in a manner or by means that would be manifestly unreasonable under the circumstances then

present.

(3) The use of any electronic surveillance or monitoring device which is affixed to the body

of the person subject to supervision is expressly prohibited unless set forth in the application and

order or, in the case of sentenced persons classified to community confinement under subsection

(h), otherwise authorized by the director of corrections.

(4) Regulatory authority. The director shall have full power and authority to enforce any

of the provisions of this section by regulation, subject to the provisions of the Administrative

Procedures Act, chapter 35 of this title 42. Notwithstanding any provision to the contrary, the

department of corrections may contract with private agencies to carry out the provisions of this

section. The civil liability of those agencies and their employees, acting within the scope of their

employment, and carrying out the provisions of this section, shall be limited in the same manner

and dollar amount as if they were agencies or employees of the state.

(e) Violations. Any person confined pursuant to the provisions of this section, who is found

to be a violator of any of the terms and conditions imposed upon him or her according to the order,

or in the case of sentenced persons classified to community confinement under subsection (h),

otherwise authorized by the director of corrections, this section, or any rules, regulations, or

restrictions issued pursuant hereto shall serve the balance of his or her sentence in a classification

deemed appropriate by the director. If that conduct constitutes a violation of § 11-25-2, the person,

upon conviction, shall be subject to an additional term of imprisonment of not less than one year

and not more than twenty (20) years. However, it shall be a defense to any alleged violation that

the person was at the time of the violation acting out of a necessary response to an emergency

situation. An "emergency situation" shall be construed to mean the avoidance by the defendant of

death or of substantial personal injury, as defined above, to him or herself or to others.

(f) Costs. Each person confined according to this section shall reimburse the state for the

costs or a reasonable portion thereof incurred by the state relating to the community confinement

of those persons. Costs shall be initially imposed by the sentencing judge or in the order and shall

be assessed by the director prior to the expiration of that person's sentence. Once assessed, those

costs shall become a lawful debt due and owing to the state by that person. Monies received under

this section shall be deposited as general funds.

(g) Severability. Every word, phrase, clause, section, subsection, and any of the provisions

of this section are hereby declared to be severable from the whole, and a declaration of

unenforceability or unconstitutionality of any portion of this section, by a judicial court of

competent jurisdiction, shall not affect the portions remaining.

(h) Sentenced persons approaching release. Notwithstanding the provisions set forth within

this section, any sentenced person committed under the direct care, custody, and control of the adult

correctional institutions, who is within six (6) months one (1) year of the projected good time

release date, provided that the person shall have completed at least one-half (1/2) of the full term

of incarceration, or any person who is sentenced to a term of six (6) months or less of incarceration,

provided that the person shall have completed at least three-fourths (3/4) one-half (1/2) of the term

of incarceration, may in the discretion of the director of corrections be classified to community

confinement. This provision shall not apply to any person whose current sentence was imposed

upon conviction of murder, first degree sexual assault or first degree child molestation.

(i) Notification to police departments. The director, or his or her designee, shall notify the

appropriate police department when a sentenced, adjudged or detained person has been placed into

community confinement within that department's jurisdiction. That notice will include the nature

of the offense and the express terms and conditions of that person's confinement. That notice shall

also be given to the appropriate police department when a person in community confinement within

that department's jurisdiction is placed in escape status.

(j) No incarceration credit for persons awaiting trial. No detainee shall be given

incarceration credit by the director for time spent in community confinement while awaiting trial.

(k) No confinement in college or university housing facilities. Notwithstanding any

provision of the general laws to the contrary, no person eligible for community confinement shall

be placed in any college or university housing facility, including, but not limited to, dormitories,

fraternities or sororities. College or university housing facilities shall not be considered an "eligible

residence" for "community confinement."

(l) A sentencing judge shall have authority to waive overnight stay or incarceration at the

adult correctional institution after the sentencing of community confinement. Such a The waiver

shall be binding upon the adult correctional institution and the staff thereof, including, but not

limited to the community confinement program.

42-56-24. Earned time for good behavior or program participation or completion.

(a) A person serving a sentence of a violation of §§ 11-5-1 (where the specified felony is

murder), § 11-23-1, § 11-26-1.4, § 11-37-2, § 11-37-8.1, or § 11-37-8.3 shall not be eligible to earn

time off their term or terms of incarceration for good behavior.

(b) The director, or his or her designee, shall keep a record of the conduct of each prisoner,

and for each month that a prisoner who has been sentenced to imprisonment for six (6) months or

more and not under sentence to imprisonment for life, appears by the record to have faithfully

observed all the rules and requirements of the institutions and not to have been subjected to

discipline, and is serving a sentence imposed for violation of sexual offenses under §§ 11-37-4,

§ 11-37-6, § 11-37-8 or § 11-9-1.3 there shall, with the consent of the director of the department of

corrections, or his or her designee, upon recommendation to him or her by the assistant director of

institutions/operations, be deducted from the term or terms of sentence of that prisoner the same

number of days that there are years in the term of his or her sentence; provided, that when the

sentence is for a longer term than ten (10) years, only ten (10) days shall be deducted for one

month's good behavior; and provided, further, that in the case of sentences of at least six (6) months

and less than one year, one day per month shall be deducted.

For the purposes of this subsection computing the number of days to be deducted for good

behavior, consecutive sentences shall be counted as a whole sentence. This subsection recognizes

the serious nature of sex offenses; promotes community safety and protection of the public; and

maintains the ability of the department of corrections to oversee the rehabilitation and supervision

of sex offenders.

of imprisonment for life or a sentence imposed for a violation of the offenses identified in

subsection (a) or (b) of this section the director, or his or her designee, shall keep a record of the

conduct of each prisoner, and for each month that prisoner has faithfully observed all the rules and

requirements of the institutions and has not been subjected to discipline, there shall, with the

consent of the director of the department of corrections or his or her designee and upon

recommendation by the assistant director of institutions/operations, be deducted from the term or

terms of sentence of that prisoner ten (10) days for each month's good behavior.

(d) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct, as

determined by the assistant director, institutions/operations, subject to the authority of the director,

there shall be deducted one day from the time he or she shall have gained for good conduct.

(e) The assistant director, or his or her designee, subject to the authority of the director,

shall have the power to restore lost good conduct time in whole or in part upon a showing by the

prisoner of subsequent good behavior and disposition to reform.

(f) For each month that a prisoner who has been sentenced to imprisonment for more than

one month and not under sentence to imprisonment for life who has faithfully engaged in

institutional industries there shall, with the consent of the director, upon the recommendations to

him or her by the assistant director, institutions/operations, be deducted from the term or terms of

the prisoner an additional two (2) days a month.

(g) Except those prisoners serving a sentence imposed for violation of subsection (a) or (b)

of this section, for each month that a prisoner who has been sentenced to imprisonment for more

than one month and not under sentence to imprisonment for life has participated faithfully in

programs that have been determined by the director or his/her designee to address that prisoner's

individual needs that are related to his/her criminal behavior, there may, with the consent of the

director and upon the recommendation of the assistant director, rehabilitative services, be deducted

from the term or terms of the prisoner up to an additional five (5) days a month. Furthermore,

whenever the prisoner has successfully completed such program, they may; with the consent of the

director and upon the recommendation by the assistant director, rehabilitative services, be deducted

from the term or terms of the prisoner up to an additional thirty (30) days.

(h) (1) A person who is serving a term or terms of a probation sentence of one year or

longer, including a person who has served a term of incarceration followed by a probation

sentence, except those serving a term of probation for a sentence in violation of §§ 11-5-1 (where

the specified felony is murder or sexual assault), § 11-23-1, § 11-26-1.4, § 11-37-2, § 11-37-8.1, or

§ 11-37-8.3 shall upon serving three years of their probation sentence be eligible to earn time off

their term or terms of the probation sentence for compliance with court-ordered terms and

conditions of probation. Calculation of these credits shall commence upon the probationer's

completion of all terms of incarceration.

(i) (2) The director, or his or her designee, shall keep a record of the conduct of each

probationer. For each month that the probationer has not had a judicial finding of a violation of

conditions of probation, there shall, with the consent of the director of the department of

corrections, or designee, upon recommendation of the assistant director of

institutions/operations, or designee, be deducted from the term or terms of the probationer's

sentence (10) ten days (10) for each month's compliance with the terms and conditions of their his

or her probation.

(ii) (3) For each month that a violation of probation is pending the probationer shall not be

eligible to earn probation compliance credits. In the event there is a judicial determination that the

probationer did not violate his or her terms and conditions of probation, credit will be awarded

retroactive to the date of the filing of the probation violation. In the event there is a judicial

determination that the probationer did violate his or her terms and conditions of

probation, the probationer shall not be awarded compliance credits for the time during which the

violation was pending, and further, the court may order revocation of prior

earned compliance credits.

(iii) (4) The probation department of the department of corrections shall keep a record of

the probationer's sentence to include the person's end of sentence date based on earned credits for

compliance with their terms and conditions of probation.

(iv) (5) This section shall apply to all individuals sentenced to probation, including those

sentenced prior to enactment of the statute. However, the award of probation compliance

credits shall be prospective only from the date of enactment of the statute.

42-56-38. Assessment of costs.

(a) Each sentenced offender committed to the care, custody, or control of the department

of corrections shall reimburse the state for the cost or the reasonable portion of the cost incurred by

the state relating to that commitment; provided, however, that a person committed, awaiting trial

and not convicted, shall not be liable for the reimbursement. Items of cost shall include physical

services and commodities such as food, medical, clothing, and specialized housing, as well as social

services such as specialized supervision and counseling. Costs shall be assessed by the director of

corrections, or his or her designee, based upon each person's ability to pay, following a public

hearing of proposed fee schedules. Each offender's family income and number of dependents shall

be among the factors taken into consideration when determining ability to pay. Moneys received

under this section shall be deposited as general revenues. The director shall promulgate rules and

regulations necessary to carry out the provisions of this section. The rules and regulations shall

provide that the financial situation of persons, financially dependent on the person, be considered

prior to the determination of the amount of reimbursement. This section shall not be effective until

the date the rules and regulations are filed with the office of the secretary of state.

(b) Notwithstanding the provision of subsection (a), or any rule or regulation promulgated

by the director, any sentenced offender who is ordered or directed to the work release program,

shall pay no less than thirty percent (30%) of his or her gross net salary for room and board.

SECTION 9. This article shall take effect upon passage.