Chapter 228 |
2023 -- H 5562 Enacted 06/23/2023 |
A N A C T |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT |
Introduced By: Representatives Diaz, Slater, Edwards, Perez, DeSimone, Batista, Voas, Giraldo, Hull, and J. Lombardi |
Date Introduced: February 15, 2023 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 42-56-24 of the General Laws in Chapter 42-56 entitled "Corrections |
Department" is hereby amended to read as follows: |
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. |
(c) For all prisoners serving sentences of more than one month, and not serving a sentence |
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 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) to five (5) 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 there 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. |
(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 ten (10) days for each |
month’s compliance with the terms and conditions of his or her probation. |
(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. |
(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. |
(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. |
SECTION 2. This act shall take effect upon passage. |
======== |
LC001615 |
======== |