Title 42
State Affairs and Government

Chapter 56
Corrections Department

§ 42-56-7. Parole and probation.

(a) Authority. The division of rehabilitative services, subject to the authority of the director, shall perform the functions relating to the parole and probation of adults as prescribed by this chapter and chapters 18 and 19 of title 12, and under those rules and regulations adopted by the director of corrections with the approval of the governor and the parole board in the executive department.

(b) Assessments. The division of rehabilitative services shall adopt risk and needs screens and assessments and behavioral health assessments that are validated at least once every five (5) years for the purpose of informing the following decisions:

(1) Probation supervision intensity, case management, and treatment objectives, adopted in collaboration with the superior courts;

(2) Correctional treatment and classification; and

(3) Parole supervision intensity, case management, and treatment objectives, adopted in collaboration with the parole board, and parole release decisions, adopted in collaboration with, and for implementation by, the parole board.

(c) Special conditions. The assessment implemented under subsection (b)(1) of this section should be performed prior to placement on probation, whenever possible, to support judicial decisions affecting conditions of supervision under § 12-19-8.1.

(d) Supervision. The division of rehabilitative services shall:

(1) Provide limited supervision for probationers who qualify based on offense level, time under supervision without a violation, and the results from a validated risk and needs assessment;

(2) Provide high-intensity supervision and treatment for probationers who, based on screening and assessments, are high risk to re-offend and present high needs for behavioral health services;

(3) Collaborate with the executive office of health and human services to implement Medicaid payment incentives designed to ensure timely access to quality behavioral health treatment and cognitive-behavioral programs for probationers; and

(4) Require that program providers serving probationers pursuant to a contract with the department use cognitive-behavioral programs to reduce criminal thinking.

(e) Behavioral change guidelines. The division of rehabilitative services shall adopt guidelines for probation and parole officers, governing:

(1) Incentives for compliance and risk-reducing behavior;

(2) Swift, certain, and proportionate non-confinement sanctions in response to corresponding violations of probation conditions; and

(3) The use of confinement as a sanction after the consideration of all other appropriate non-confinement sanctions in response to corresponding violations of probation conditions.

(f) Training. The division of rehabilitative services shall organize and conduct evidence-based training programs for probation and parole officers. The training shall include:

(1) Scoring and use of validated risk and needs assessments under subsection (b) of this section;

(2) Risk-based supervision strategies;

(3) Cognitive behavioral interventions;

(4) Targeting criminal risk factors to reduce recidivism;

(5) Use of incentives for compliance and risk-reducing behavior;

(6) Use of swift, certain, and proportionate sanctions in response to corresponding violations of probation conditions pursuant to subsection (e)(2) of this section;

(7) Recognizing symptoms of substance use and mental health needs and making treatment referrals; and

(8) De-escalating erratic criminal behavior.

(g) All probation and parole officers employed on or after the effective date of this act shall complete the training requirements set forth in this section. Selected probation and parole officers shall become trainers to ensure sustainability of these training requirements.

(h) Information. The division of rehabilitative services shall develop or adopt an automated case management and reporting system for probation and parole officers.

(i) Implementation. Deadlines for implementation of this section by the department of corrections shall be as follows: subsection (b) (initial assessment validation), subsection (c) (special condition recommendations), subsection (d) (supervision intensity), and subsection (f) (for training of existing probation and parole officers), one year from the effective date of this section [September 28, 2017]; subsection (e) (behavior change guidelines), six (6) months from the effective date of this section; subsections (f) and (g) (for training of new probation and parole officers) and subsection (h) (case management system), two (2) years from the effective date of this section.