Chapter 376 |
2021 -- H 5468 SUBSTITUTE A Enacted 07/13/2021 |
A N A C T |
RELATING TO CRIMINALS--CORRECTIONAL INSTITUTIONS -- PAROLE |
Introduced By: Representatives Slater, Williams, and Felix |
Date Introduced: February 10, 2021 |
It is enacted by the General Assembly as follows: |
SECTION 1. Chapter 13-8 of the General Laws entitled "Parole" is hereby amended by |
adding thereto the following section: |
13-8-35. Early termination of parole supervision. |
(a) Upon its own motion or upon request of a parolee, the parole board may terminate a |
parolee's supervision before the sentence expires. |
(1) Seven (7) years after releasing a prisoner on supervision, and at least annually |
thereafter, the parole board shall review the status of the parolee to determine the need for continued |
supervision. The parole board shall also conduct a status review whenever the supervision officer |
recommends early termination of the parolee's supervision. |
(2) Seven (7) years after releasing a prisoner on supervision, excluding a parolee serving a |
life sentence for first- or second-degree murder, the parole board shall terminate supervision over |
the parolee unless the parole board determines, after a hearing in accordance with this chapter, that |
such the supervision should not be terminated because there is a likelihood that the parolee will |
engage in conduct violating any criminal law. If the parole board does not terminate supervision |
under this subsection, the parolee may request a hearing annually thereafter, and the parole board |
shall conduct an early termination hearing at least every two (2) years. |
(3) In calculating the two-(2) year (2) and seven-(7) year (7) periods provided in this |
section, the parole board shall not include any period of parole before the recent release, or any |
period served in confinement or any other sentence. |
(4) A parolee may not appeal an adverse decision under this section. |
(b) The parole board shall promulgate guidelines which that effectuate the purpose of this |
section, which is to provide a mechanism for eliminating supervision on parole, in deserving cases, |
consistent with the rehabilitative and reentry needs of the parolee and the promotion of public |
safety. |
In determining whether to grant early termination from supervision, the parole board shall |
consider its guidelines and promulgate new guidelines so as to effectuate the purpose of this section, |
which is to provide a mechanism for eliminating supervision on parole, in deserving cases, |
consistent with the rehabilitative and reentry needs of the parolee and the promotion of public |
safety. Termination of supervision is indicated if the parolee: |
(1) Has been on supervised parole for the required period; |
(2) Has observed all the laws within and without the state; |
(3) Has been employed and remains employed at the time of the request; and |
(4) Has completed seven (7) continuous years of supervision and is free from an incident |
of new criminal behavior or serious parole violation. |
(c) As used in this section, the term an "incident of new criminal behavior" or "serious |
parole violation" includes a new arrest or report of a parole violation, if supported by substantial |
evidence of guilt, even if no conviction or parole revocation results. The parole board shall not |
terminate supervision until it determines the disposition of a pending criminal charge. |
(d) Case-specific factors that may justify a departure either above or below the early |
termination may relate to the current behavior of the parolee, or the parolee's background and |
criminal history. |
SECTION 2. This act shall take effect upon passage. |
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LC000223/SUB A |
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