2013 -- H 5146

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LC00271

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINALS -- CORRECTIONAL INSTITUTIONS

     Introduced By: Representatives Serpa, Silva, Carnevale, O'Brien, and Shekarchi

     Date Introduced: January 23, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 13-8-13 of the General Laws in Chapter 13-8 entitled "Parole" is

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hereby amended to read as follows:

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     13-8-13. Life prisoners and prisoners with lengthy sentences. -- (a) In the case of a

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prisoner sentenced to imprisonment for life, a parole permit may be issued at any time after the

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prisoner has served not less than ten (10) years imprisonment provided, that:

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      (1) In the case of a prisoner serving a sentence or sentences of a length making him or

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her ineligible for a permit in less than ten (10) years, pursuant to sections 13-8-9 and 13-8-10, the

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permit may be issued at any time after the prisoner has served not less than ten (10) years

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imprisonment.

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      (2) In the case of a prisoner sentenced to imprisonment for life for a first or second

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degree murder committed after July 10, 1989, the permit may be issued only after the prisoner has

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served not less than fifteen (15) years imprisonment.

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      (3) (i) In the case of a prisoner sentenced to imprisonment for life for a first or second

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degree murder committed after June 30, 1995, the permit may be issued only after the prisoner

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has served not less than twenty (20) years imprisonment; and

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      (ii) The permit shall be issued only by a unanimous vote of all the attending members of

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the board, providing that not less than four (4) members are present, and whenever, after the issue

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of the permit, the prisoner shall be pardoned, then the control of the board over the prisoner shall

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cease and terminate. The attorney general shall have the power to veto any decision of the parole

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board issuing a permit to a prisoner sentenced to imprisonment for life for a first or second

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degree murder.

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      (4) (i) In the case of a prisoner sentenced to imprisonment for life who is convicted of

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escape or attempted escape from the lawful custody of the warden of the adult correctional

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institutions, the permit may be issued only after the prisoner has served not less than twenty-five

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(25) years imprisonment; and

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      (ii) For each subsequent conviction of escape or attempted escape, an additional five (5)

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years shall be added to the time required to be served.

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      (b) In the case of a prisoner sentenced consecutively to more than one life term for

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crimes occurring after May 7, 1981, the permit may be issued only after the prisoner has served

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not less than ten (10) years consecutively on each life sentence; provided, in the case of a prisoner

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sentenced consecutively to more than one life term for crimes occurring after June 30, 1995, the

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permit may be issued only after the prisoner has served not less than fifteen (15) years

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consecutively on each life sentence.

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     SECTION 2. This act shall take effect upon passage.

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LC00271

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINALS -- CORRECTIONAL INSTITUTIONS

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     This act would give the attorney general the power to veto any decision of the parole

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board issuing a parole permit to a prisoner sentenced to imprisonment for life for a first or second

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degree murder.

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     This act would take effect upon passage.

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LC00271

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