2011 -- S 0637

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LC01960

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2011

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A N A C T

RELATING TO CRIMINAL PROCEDURE - PROBATION

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: March 10, 2011

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     Section 1. Section 12-18-1 of the General Laws in Chapter 12-18 entitled “Probation” is

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hereby amended to read as follows:

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     12-18-1. Placement of offenders under director of corrections. -- (a) Probation is

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imposed by an authorized court for the commission of a crime whereby an adjudicated adult

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criminal is released into the community under the supervision of the department of corrections.

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Probation is considered conditional liberty contingent upon the offender complying with orders of

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the court and the requirements of probation supervision.

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     It shall be the responsibility of the department of corrections and the adult probation and

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parole unit to contribute to public safety by holding probationers accountable to victims, to the

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community, and to the court; and to support the efforts of probationers to become responsible,

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productive and law-abiding members of society. To these ends, the department of corrections

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recognizes the desirability of targeting supervision and rehabilitation efforts through assessment

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of offenders, identification of varying levels of risk to the community, and enforcing court orders.

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Probation can be most effective in these efforts when working in collaboration with other entities

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in the criminal justice system and with service providers within the community, including

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representatives of victims’ and citizens’ groups.

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     (b) It shall be lawful for any court in the state, at any time before sentence, to

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provisionally place any offender, juvenile or adult, who can lawfully be admitted to bail, under

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the control and supervision of the director of corrections or the director’s designee or any

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assigned probation officer that the director may designate, and whenever any offender shall be

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placed in the custody or under the control and supervision of the director or designee or any

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probation officer, the director or designee and the probation officer shall have and exercise the

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same rights and powers in relation to the offender as are or may be possessed by a surety on a

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recognizance.

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     SECTION 2. Sections 42-56-1, 42-56-7 and 42-56-10 of the General Laws in Chapter 42-

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56 entitled "Corrections Department" are hereby amended to read as follows:

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     42-56-1. Declaration of policy. -- (a) The legislature finds and declares that:

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      (1) The state has a basic obligation to protect the public by providing institutional

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confinement and care of offenders and, where appropriate, treatment in the community; for those

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offenders who are placed under the authority of the department by the courts and the parole

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board. It is a goal of the state to contribute to public safety through its supervision and

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rehabilitation efforts with those offenders who are released by the courts and the parole board into

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the community under the authority of the department;

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      (2) Efforts to rehabilitate and restore criminal offenders as law-abiding and productive

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members of society are essential to the reduction of crime;

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      (3) Upgrading of correctional institutions and rehabilitative services deserves priority

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consideration as a means of lowering crime rates and of preventing offenders, particularly youths,

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first-offenders, and misdemeanants, from becoming trapped in careers of crime and preventing

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and ameliorating the effects of crime; and

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      (4) Correctional institutions and services should be so diversified in program and

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personnel as to facilitate individualized treatment.

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      (b) The purpose of this chapter is to establish a department of state government to

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provide for the custody, care, discipline, training, treatment, and study of persons committed to

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state correctional institutions or on probation or parole, so that those persons may be prepared for

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release, aftercare, and supervision in the community.

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     42-56-7. Parole and probation. -- The division of rehabilitative services, subject to the

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authority of the director, shall perform the functions relating to the parole and probation of adults

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as prescribed by chapter 18 of title 12, and under those rules and regulations adopted by the

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director of corrections with the approval of the governor and the parole board in the executive

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department.

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     Through assignment, training and equipping appropriate staff, the department of

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corrections shall be responsible for establishing and overseeing a range of services in the

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community, including probation and parole functions.

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     (1) Functions of probation:

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     (i) The department of corrections shall be responsible for supervising all probationers and

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offenders released into the community and placed under the authority of the department by the

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criminal courts;

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     (ii) Such supervision shall be for the purpose of promoting public safety; holding

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offenders accountable to victims, the community and the court; and supporting the efforts of

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offenders to become responsible, productive and law-abiding members of society;

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     (iii) The department shall endeavor to incorporate into its offenders’ supervision the

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concepts of offender assessment, identification of varying levels of risk to the community, efforts

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to address offender needs that may have an impact on criminal tendencies and enforcement of

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court orders;

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     (iv) The department recognizes the desirability of implementing a case management

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system that enables staff to target levels of supervision and rehabilitation efforts based upon

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offender risks and needs;

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     (v) In the interests of public safety and effective supervision and community-based

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services, to the extent to which it is feasible, necessary and effective, supervision and

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rehabilitation of parolees shall be conducted by such means as office visits, telephone contacts,

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home visits, collateral contacts, service referrals, monitoring of offender’s obligations and

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activities, support of appropriate offender employment or other productive activity, remediation

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of victims' losses, cooperative resources and such other functions as shall be identified and

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authorized by the director of corrections;

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     (vi) The department recognizes that the probation unit can be most effective in those

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efforts when working in collaboration with other entities in the criminal justice system and with

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service providers within the community, including representatives of victims’ and citizens’

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groups; and

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     (vii) The department recognizes its responsibility to contribute to the prevention of crime

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and the amelioration of the effects of crime through involvement with community organizations,

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education efforts and prevention and early intervention programs.

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     (2) Functions of parole:

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     (i) The department of corrections shall be responsible for supervising all parolees

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released into the community under the authority of the department by the parole board;

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     (ii) Such supervision shall be for the purpose of promoting public safety; holding

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offenders accountable to victims, the community and the parole board; and supporting the efforts

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of offenders to become responsible, productive and law-abiding members of society;

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     (iii) The department shall endeavor to incorporate into its offender supervision the

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concepts of offender assessment, identification of varying levels of risk to the community, efforts

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to address offenders' needs that may have an impact on criminal tendencies and enforcement of

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court orders and conditions of parole;

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     (iv) The department recognizes the desirability of implementing a case management

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system that enables staff to target levels of supervision and rehabilitation efforts based upon risk

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and needs;

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     (v) In the interests of public safety and effective supervision and community-based

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services, to the extent to which it is feasible, necessary and effective, supervision and

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rehabilitation of parolees shall be conducted by such means as office visits, telephone contacts,

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home visits, collateral contacts, service referrals, monitoring of offender’s obligations and

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activities, support of appropriate offender employment or other productive activity, remediation

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of victims' losses, cooperative resources and such other functions as shall be identified and

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authorized by the director of corrections;

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     (vi) The department recognizes that the parole unit can be most effective in these efforts

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when working in collaboration with other entities in the criminal justice system and with service

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providers within the community, including representatives of victims’ and citizens’ groups; and

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     (vii) The department recognizes its responsibility to contribute to the prevention of crime

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and the amelioration of the effects of crime through involvement with community organizations,

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education and prevention efforts, and early intervention programs.

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     42-56-10. Powers of the director. -- In addition to exercising the powers and performing

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the duties, which are otherwise given to him or her by law, the director of the department of

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corrections shall:

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      (1) Designate, establish, maintain, and administer those state correctional facilities that

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he or she deems necessary, and may discontinue the use of those state correctional facilities that

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he or she deems appropriate for that action;

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      (2) Maintain security, safety, and order at all state correctional facilities, utilize the

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resources of the department to prevent escapes from any state correctional facility, take all

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necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of

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any state correctional facility, including, but not limited to, the development, planning, and

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coordination of emergency riot procedures, and take suitable measures for the restoration of

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order;

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      (3) Establish and enforce standards for all state correctional facilities;

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      (4) Supervise and/or approve the administration by the assistant directors of the

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department;

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      (5) Manage, direct, and supervise the operations of the department;

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      (6) Direct employees in the performance of their official duties;

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      (7) Hire, promote, transfer, assign, and retain employees and suspend, demote,

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discharge, or take other necessary disciplinary action;

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      (8) Maintain the efficiency of the operations of the department;

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      (9) Determine the methods, means, and personnel by which those operations of the

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department are to be conducted;

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      (10) Relieve employees from duties because of lack of work or for other legitimate

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reasons;

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      (11) Establish, maintain, and administer programs, including, but not limited to,

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education, training, and employment, of persons committed to the custody of the department,

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designed as far as practicable to prepare and assist each person to assume the responsibilities and

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exercise the rights of a citizen of this state;

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      (12) Establish a system of classification of persons committed to the custody of the

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department for the purpose of developing programs for each person in order to effectively

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develop an individualized program for each sentenced inmate that will address each offender's

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individual treatment and rehabilitative needs, the department of corrections is authorized to

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receive, with the express consent of the inmate, and upon request to the department of children,

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youth and families, the offender's juvenile arrest and/or adjudication records. Information related

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to the juvenile's family members and other third parties, excluding law enforcement personnel,

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shall be redacted from the records provided prior to their release to the department. The records

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will be disclosed to only those department personnel directly responsible for, and only for the

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purpose of, developing the individualized program for the offender.

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      (13) Determine at the time of commitment, and from time to time thereafter, the custody

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requirements and program needs of each person committed to the custody of the department and

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assign or transfer those persons to appropriate facilities and programs;

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      (14) Establish training programs for employees of the department;

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      (15) Investigate grievances and inquire into alleged misconduct within the department;

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      (16) Maintain adequate records of persons committed to the custody of the department;

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      (17) Establish and maintain programs of research, statistics, and planning, and conduct

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studies relating to correctional programs and responsibilities of the department;

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      (18) Utilize, as far as practicable, the services and resources of specialized community

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agencies and other local community groups in the development of programs, recruitment of

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volunteers, and dissemination of information regarding the work and needs of the department;

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      (19) Make and enter into any contracts and agreements necessary or incidental to the

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performance of the duties and execution of the powers of the department, including, but not

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limited to, contracts to render services to committed offenders placed under the authority of the

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department, and to provide for training or education for correctional officers, probation and

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parole personnel, and other staff;

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      (20) Seek to develop civic interest in the work of the department and educate the public

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to the needs and goals of the corrections process;

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      (21) Expend annually in the exercise of his or her powers, performance of his or her

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duties, and for the necessary operations of the department those sums that may be appropriated by

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the general assembly; and

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      (22) Make and promulgate necessary rules and regulations incident to the exercise of his

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or her powers and the performance of his or her duties, including, but not limited to, rules and

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regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services,

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communication, and visiting privileges, classification, education, training, employment, care, and

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custody for all persons committed to correctional facilities.

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      (23) Make and promulgate regulations to provide:

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      (a) Written notice to licensed nursing facilities, licensed assisted living residences, and

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housing for the elderly whenever a person seeking to reside in one of these facilities or residences

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is being released on parole for any of the following offenses: murder, voluntary manslaughter,

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involuntary manslaughter, first degree sexual assault, second degree sexual assault, third degree

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sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit

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specified felonies (murder, robbery, rape, or burglary), felony assault, patient abuse, neglect or

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mistreatment of patients, burglary, first degree arson, felony larceny or robbery;

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      (b) A risk assessment process to identify and recommend safety or security measures

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necessary for the protection of other residents or clients including whether the parolee should be

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prohibited from residing in any such facility or residence or segregated from other residents or

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clients to protect the security and safety of other residents;

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      (c) The written notice to licensed nursing facilities, assisted living residences, or housing

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for the elderly shall include charge information and disposition about the offense for which the

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resident or client has been paroled, contact information for the resident's or client's parole

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supervisor, a copy of the risk assessment and recommendations, if any, regarding safety and

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security measures. A copy of the written notice shall be provided to the parolee; and

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      (d) A process for notifying the appropriate state regulatory agency and the state long-

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term care ombudsman whenever notice as required in subdivision 42-56-10(23)(a) above has

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been given.

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      (24) Notwithstanding the enumeration of the powers of the director as set forth in this

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section, and notwithstanding any other provision of the general laws, the validity and

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enforceability of the provisions of a collective bargaining agreement shall not be contested,

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affected, or diminished, nor shall any arbitration award be vacated, remanded or set aside on the

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basis of an alleged conflict with this section or with any other provision of the general laws.

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     (25) Establish, maintain, and administer the functions relating to probation and parole of

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adults as prescribed in this chapter, chapter 42-7, chapter 12-18, and elsewhere in law as

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appropriate under such rules and regulations as may be adopted by the director of corrections,

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with the approval of the governor, subject to the provisions of chapter 35 of title 42. “The

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Administrative Procedures Act”; and

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     (26) Recognize the desirability of implementing a case management system that is based

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on offender assessment; identify varying levels of risk to the community, efforts to address

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offenders' needs that may have an impact on criminal tendencies; and enforcing court orders

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conditions of parole, probation and/ or community confinement that enable staff to target levels

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of supervision and rehabilitative efforts based upon offender risk and needs.

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     SECTION 3. This act shall take effect upon passage.

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LC01960

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE - PROBATION

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     This act would amend various sections of the general laws relating to parole and

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probation and would impose sex offender counseling in certain circumstances for sex offenders.

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     This act would take effect upon passage.

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LC01960

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