2012 -- H 7747

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LC00146

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL PROCEDURE

     Introduced By: Representative Scott Slater

     Date Introduced: February 16, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is

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hereby amended by adding thereto the following chapter:

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     CHAPTER 1.6

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REHABILITATION, RE-ENTRY AND PUBLIC SAFETY ACT OF 2012

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     12-1.6-1. Name. – This chapter shall be known and may be cited as the “Rehabilitation,

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Re-entry and Public Safety Act of 2012”.

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     12-1.6-2. Legislative findings, intent, and purpose of the “Rehabilitation, Re-entry

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and Public Safety Act 2012”. – (a) When people are convicted of a crime their legal status

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changes forever. A criminal record can exclude them from jobs, occupational licenses, housing,

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and other benefits and opportunities. Many restrictions on convicted persons are narrowly

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tailored and serve to protect society against an identified public safety risk, but others may be

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arbitrary, overboard, and without regard to any post-conviction rehabilitation achieved by a

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defendant. In these cases employers and others who control access to opportunities and benefits

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may hesitate to give this population a second chance thus inhibiting the successful re-entry into

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society of those who have achieved their rehabilitation.

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     (b) Given the current ease of conducting background checks, it is harder and harder for

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people who have been convicted of a crime to escape their past, no matter how heroic their efforts

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to turn their lives around. The denial of access to employment, professional licenses, housing,

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and other benefits and opportunities has serious implications, in terms of fairness to the individual

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affected and burdens placed on the community and may frustrate the chance of successful re-

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entry into the community thereby encouraging recidivism.

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     (c) People who have successfully completed their court-imposed sentences need to be

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able to reestablish themselves as law-abiding members of society. At the same time, employers

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and other decision-makers need to have some reassurance of a person’s reliability. Therefore, the

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intent and purpose of this act is to prescribe procedures that would, in select and appropriate

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cases, allow the issuance of a court-ordered instrument: a “certificate of rehabilitation”. Said

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certificate, if granted by the court, would serve to relieve the petitioner of some, and in

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appropriate cases, all of the collateral consequences flowing from his or her criminal record. Said

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certificate would also serve as a judicial determination that the defendant has been successfully

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rehabilitated and is therefore deserving of re-entry into society.

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     (d) No change to existing law is contemplated by this act as it relates to the following:

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     (1) Destruction or sealing of criminal records pursuant to Rhode Island general laws

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sections 12-1-12; or

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     (2) Expungement of criminal records pursuant to sections 12-1.3-1 through 4; or

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     (3) The power of the governor to pardon.

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     12-1.6-3. Definitions. – As used in this chapter, the following terms shall have the

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following meanings:

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     (1) “Eligible offender” means a person who has been convicted of one or more than one

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crime or offense. Provided, further, that in the case of a misdemeanor offender said person has

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ceased to be subject to probation imposed as the result of any misdemeanor conviction and in the

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case of felony offender more than two (2) years has passed since the most recent imposition of

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sentence for a felony.

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     (2) “Certificate of rehabilitation” means a legal instrument issued by the court in which

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the person was convicted. Said instrument shall, consistent with concerns of public safety, have

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the effect of removing legal impediments to and restrictions upon the person’s ability to obtain

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employment, professional licenses, housing and other benefits and opportunities. Provided,

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further, that said instrument shall serve as a judicial determination that the person receiving it has,

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consistent with the concerns of public safety, successfully achieved his or her rehabilitation and is

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therefore deserving of re-entry into society.

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     (3) “Conviction” means the imposition of a fine, period of incarceration whether or not

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suspended, or probation imposed after the entry of a plea of nolo contendere.

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     (4) “Petition” means the motion, pleading, or other legal document or form seeking the

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issuance of a certificate of rehabilitation from the court.

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     (5) “Petitioner” means the person seeking a certificate of rehabilitation from the court.

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     12-1.6-4. Procedures for and hearings on the petition for issuance of a certificate

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rehabilitation. – (a) A person may petition the court in which the person was convicted for an

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order granting the issuance of a certificate of rehabilitation as prescribed by this chapter. The

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petitioner shall give notice of the filing of the petition to the attorney general and to each arresting

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police department together with notice of the time of the hearing of the petition, at least thirty

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(30) days prior to the date set for such hearing. During the proceedings upon the petition, the

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petitioner may be represented by counsel of his or her own selection; If he or she has no such

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counsel he or she shall be represented by the public defender. No filing fee or court fees of any

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kind shall be required of a petitioner in proceedings under this chapter.

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     (b) The court in which the petition is filed may require such testimony as it deems

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necessary, and the production, for the use of the court and without expense of any kind to the

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petitioner, of all records and reports relating to the petitioner and the crime(s) of which he or she

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was convicted, including the person’s entire criminal record, record of the trial or, the report of

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the probation officer, if any, the records of the prison, jail detention facility or other penal

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institution from which the petitioner has been released showing his or her conduct during the time

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he or she was there, the records of the parole officer concerning him/her if he or she was released

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on parole, and written reports or records of any other law enforcement agency concerning the

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conduct of the petitioner since his or her release on probation or parole or discharge from

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custody. All persons having custody of any such records shall make them available for the use of

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the court in the proceeding.

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     (c) The court may, consistent with its obligation to consider those factors prescribed in

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the following section, require that the petitioner produce any relevant and material information so

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that it might make an informed and intelligent decision.

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     (d) The judge, considering the petition, must set forth on the record and in open court the

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circumstances which he or she has found by a preponderance of the evidence as justification to

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grant the issuance of a certificate of rehabilitation. If such a certificate is granted under this

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chapter and the office of the attorney general objects to said issuance it may appeal to the Rhode

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Island supreme court within seven (7) days of the court’s decision. When making such an appeal

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issuance of the certificate of rehabilitation shall be automatically stayed once the state’s appeal is

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perfected.

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     12-1.6-5. Factors to be relied upon by the court in considering a petition for issuance

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of a certificate of rehabilitation. – (a) At the hearing held pursuant to the filing of the petition

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for the issuance of a certificate of rehabilitation, all relevant evidence, testimony, or other

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information shall be considered by the court in order to determine if the petitioner’s rehabilitation

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has been attained to the court’s satisfaction.

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     (b) In addition to the requirements and procedures set forth in this section a person

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seeking the issuance of a certificate of rehabilitation shall be required to prove and the court must

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find by a preponderance of the evidence that the petitioner is an eligible offender as prescribed by

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this section, has lived an honest and upright life, has conducted himself or herself with sobriety

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and industry, has exhibited good moral character, and has conformed to and obeyed the laws of

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the land.

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     12-1.6-6. Effect of certificate of rehabilitation. – (a) The certificate of rehabilitation

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shall serve as judicial determination that the person receiving it has, consistent with concerns of

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public safety, successfully achieved his or her rehabilitation and is therefore deserving of re-entry

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into society, has lived an honest and upright life, has conducted himself or herself with sobriety

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and industry, has exhibited good moral character, and has conformed to and obeyed the laws of

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the land.

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     (b) A certificate of rehabilitation may be granted as provided in this chapter to relieve an

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eligible offender of any forfeiture or disability; ineligibility to receive or revocation of any license

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of permit of employment or franchise; or to remove any bar to his employment automatically

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imposed by law by reason of his conviction of the crime or of the offense specified therein. Such

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certificate may be limited to one or more enumerated ineligibilities, revocations, and suspensions,

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forfeitures, disabilities or bars, or may relieve the eligible offender of all ineligibilities, revocation

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and suspension, forfeitures, disabilities and bars.

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     (c) A certificate of rehabilitation shall not, however, in any way prevent any judicial,

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administrative, licensing or other body, board or authority from relying upon the conviction

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specified therein as the basis for the exercise of its discretionary power to suspend, revoke, refuse

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to issue or refuse to renew any license, permit or other authority or privilege in accordance to the

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provisions of this chapter, when there is a direct relationship between the person’s criminal record

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and the specific license, employment, or benefit; the employment is in the area of law

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enforcement or corrections; or there would be unreasonable risk to public safety or property.

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     SECTION 2. This act shall take effect upon passage.

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LC00146

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE

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     This act would allow the issuance of a court ordered certificate of rehabilitation. This

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certificate would enable those who have successfully completed their court-imposed sentences to

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more easily gain reentry into society.

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     This act would take effect upon take passage.

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LC00146

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