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.
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LC001615
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