| Chapter 229 |
| 2023 -- S 0727 Enacted 06/23/2023 |
| A N A C T |
| RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT |
Introduced By: Senators Mack, Acosta, Britto, Zurier, Euer, Bell, McKenney, F. Lombardi, Kallman, and Gu |
| Date Introduced: March 22, 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 |
| recommendation 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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| LC001648 |
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