| Chapter 217 |
| 2022 -- H 7886 Enacted 06/27/2022 |
| A N A C T |
| RELATING TO CRIMINAL PROCEDURE - SENTENCE AND EXECUTION |
Introduced By: Representatives Knight, Ajello, Cassar, Speakman, Ranglin-Vassell, Kislak, McGaw, Barros, and Kazarian |
| Date Introduced: March 04, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 12-19-2 of the General Laws in Chapter 12-19 entitled "Sentence and |
| Execution" is hereby amended to read as follows: |
| 12-19-2. Selection of method and amount or term of punishment. |
| (a) Whenever it is provided that any offense shall be punished by a fine or imprisonment, |
| the court imposing punishment may, in its discretion, select the kind of punishment to be imposed, |
| and, if the punishment is fine or imprisonment, its amount or term within the limits prescribed by |
| law; provided, if the punishment to be imposed is imprisonment, the sentence or sentences imposed |
| shall be reduced by the number of days spent in confinement while awaiting trial and while awaiting |
| sentencing; and provided, further, that in the case of a person sentenced to a life sentence, the time |
| at which he or she shall become eligible to apply for parole shall be reduced by the number of days |
| spent in confinement while awaiting trial and while awaiting sentencing; and any sentence or |
| sentences in effect at present, including the provision as to a life sentence as described in this |
| subsection may be reduced in like manner by the court which imposed the sentence upon |
| application by the person serving the sentence to the court. |
| (b) The court upon the sentencing of a first-time offender, excluding capital offense and |
| sex offense involving minors, may in appropriate cases sentence the person to a term of |
| imprisonment, and allow the person to continue in his or her usual occupation or education and |
| shall order the person to be confined in a minimum security facility at the A.C.I. during his or her |
| nonworking or study hours. |
| (c) The director of corrections or his or her designee may impose any conditions and |
| restrictions upon the release of persons sentenced under this section that he or she deems necessary. |
| (d) The director of corrections may at any time, subject to the approval of the director, |
| recall a prisoner from release status if he or she believes or has reason to believe the peace, safety, |
| welfare, or security of the community may be endangered by the prisoner being under release status. |
| Any prisoner recalled under this subsection shall be presented to the next regularly scheduled |
| meeting of the classification board for its further consideration. |
| (e) A prisoner authorized to work at paid employment in the community under this section |
| may be required to pay, and the director is authorized to collect, costs incident to the prisoner's |
| confinement as the director deems appropriate and reasonable. These collections shall be deposited |
| with the treasurer as a part of the general revenue of the state. |
| (f) When a sentenced inmate's parole release date or completion of sentence falls on a |
| weekend or on a holiday, the department of corrections may release the inmate on the prior business |
| day. |
| (g) When a sentenced inmate is scheduled to be released from the custody of the department |
| of corrections to a community partner for residential treatment and/or to a facility to maintain stable |
| living conditions, and the inmate's release date or completion of sentence is incompatible with the |
| capacity, staffing, or scheduling capabilities of the community partner facility, the department of |
| corrections may release the inmate up to three (3) business days earlier than the scheduled release |
| date, provided the inmate transitions directly from the department of corrections to the community |
| partner facility. |
| SECTION 2. This act shall take effect upon passage. |
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| LC004879 |
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