Introduced By: Senators Fogarty, Polisena, Mcdonald, Algiere & Goodwin
Date Introduced : January 22, 1998
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 sections:
{ADD 13-8-30. Community supervision for child molestation offenses. -- ADD} {ADD Notwithstanding any other provision of the general laws to the contrary, any person convicted of first degree child molestation pursuant to section 11-37-8.1 or second degree child molestation pursuant to section 11-37-8.3 of the general laws shall, in addition to any other penalty imposed, be subject to community supervision upon that person's completion of any prison sentence, suspended sentence, and/or probationary term imposed as a result of that conviction. ADD}
{ADD In the case of a person convicted of first degree child molestation pursuant to section 11-37-8.1 of the general laws, community supervision shall be for life. In the case of a person 18 years or older convicted of second degree child molestation pursuant to section 11-37-8.3 of the general laws the term of the original sentence imposed and the term of community supervision shall not exceed thirty (30) years. ADD}
{ADD 13-8-31. Community supervision board. -- ADD}{ADDThere shall be established a community supervision board which shall be comprised of the parole board. ADD}
{ADD 13-8-32. Community supervision. --ADD}{ADD Except as otherwise provided in this section, a person who has been placed on community supervision shall be subject to the provisions of law governing parole as if such person were a parolee. The parole board shall impose terms and conditions for such sentence within thirty (30) days prior to the commencement of community supervision. Such terms and conditions may be revised, altered, and amended by the parole board at any time. ADD}
{ADD A person under community supervision shall be under the jurisdiction, supervision and control of the parole board in the same manner as a person under parole supervision. The board is authorized on an individual basis to establish such conditions of community supervision as may be necessary to ensure public safety, which may include protecting the public from such person committing a sex offense or child kidnapping as well as promoting the rehabilitation of such person. Such conditions shall include sex offender treatment with a recognized treatment provider in the field for as long as the board deems necessary, and compliance with the requirements of chapter 11-37. ADD}
{ADD The board is authorized to impose and enforce a supervision and rehabilitation fee upon a person on community supervision. To the extent possible the board shall set such fee in an amount that will substantially defray the cost of the community supervision program. ADD}
{ADD The board shall also establish a fee waiver procedure for hardship cases and indigency. ADD}
{ADD After a person sentenced to community supervision has been on such supervision for a period of fifteen (15) years or any time after the person ceases to be a resident of the state, such person may petition the board for termination of community supervision. A petition for termination which is based upon the person no longer being a resident of Rhode Island shall be accompanied by an affidavit of the person attesting to his/her nonresidency and providing his/her new out of state address. A petition for termination which is based upon the completion of fifteen (15) years of community supervision may only occur by a majority vote of all the members of the community supervision board. Such termination may only occur by a majority vote of all the members. Upon receiving such a petition, the board shall, within sixty (60) days, conduct a hearing before the full membership. At least thirty (30) days prior to a hearing on the petition, the board shall cause a criminal history check to be conducted, and notify in writing the victims of the crime for which the sentence was imposed, the attorney general, and the chief of police or head of the organized police department of the municipality in which the crime was committed, and the chief of police or head of the organized police department of the municipality in which the person resides, of the person's petition for release from community supervision. Said officials and victims shall be provided the opportunity to respond to such petition. Said officials and victims may appear in person or be represented or make written recommendations to the board, but failure of any or all of said officials to appear or make recommendations shall not delay the termination procedure. ADD}
{ADD If a victim is deceased at the time the termination hearing is scheduled the deceased victim may be represented by his relatives in the following order: mother, father, spouse, child, grandchild, brother or sister, niece or nephew. ADD}
{ADD (b) Prior to the hearing, the petitioner shall be examined, personally interviewed and evaluated by a psychiatrist or licensed psychologist, who is an expert in the field of sex offender treatment and approved by the board. Said psychiatrist or psychologist shall file with the board written reports of their examinations and diagnoses, and their recommendation for the disposition of such person. The petitioner's treatment while on community supervision shall be examined and considered by said psychiatrist or psychologist in said recommendation. Said reports shall be admissible in a hearing pursuant to this section. If such person refuses, without good cause, to be personally interviewed by said psychiatrist or psychologist, such person shall be deemed to have waived his right to a hearing on the petition and the petition shall be dismissed by the board. The cost of such examination and evaluation shall be the responsibility of the person petitioning for release from supervision provided, however, that procedures shall be established for cases of hardship or indigency. ADD}
{ADD (c) At the hearing, the board shall call such witnesses as it deems necessary, including the examining psychiatrist or psychologist, the attorney general, the police chief or the victims of the crime or his family member, as the board deems necessary. The petitioner may offer such witnesses and other proof at the hearing as is relevant to the petition. ADD}
{ADD (d) The board shall terminate community supervision if the petitioner demonstrates, by clear and convincing evidence, that he has not committed a sex offense of child kidnapping since his conviction, that he is not likely to pose a threat to the safety of others, and that the public interest is not served by further community supervision. ADD}
{ADD (e) If a petition for release from supervision is denied by the board, such person may not file another such petition for a period of three (3) years. ADD}
{ADD 13-8-33. Violations of community supervision -- penalties. -- ADD} {ADD Any person who violates a condition of community supervision shall be guilty of a separate offense and, upon conviction, shall be sentenced to no more than one year in prison, provided however, if the violation also constitutes a criminal offense the term of imprisonment shall be consecutive to any sentence received for the commission of the new offense. ADD}
SECTION 2. This act shall take effect on January 1, 1999 and shall apply to any conduct occurring on or after that date.
