2013 -- H 5383 SUBSTITUTE A

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LC00310/SUB A

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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 -- PAROLE

     Introduced By: Representatives Slater, and Diaz

     Date Introduced: February 12, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 13 of the General Laws entitled "CRIMINALS - CORRECTIONAL

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INSTITUTIONS" is hereby amended by adding thereto the following chapter:

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     CHAPTER 8.2

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CERTIFICATE OF GOOD RECOVERY & RE-ENTRY

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     13-8.2-1. Certificate of recovery & re-entry established -- Findings of the general

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assembly and purposes. -- There is hereby established a certificate of recovery & re-entry for

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individuals that are convicted of a crime in which their legal status and ability to seek and

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maintain employment changes forever. A criminal record may prohibit individuals from

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successfully obtaining jobs, occupational licenses, housing and other benefits and opportunities

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available to all other individuals. These restrictions are often narrowly tailored and serve to

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protect society against an unidentified public safety risk, but others are arbitrary, unnecessary and

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without regard to any post-conviction rehabilitation or recovery & re-entry. Individuals who have

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successfully completed their board-imposed sentences need to be able to reestablish themselves

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as law-abiding members of society. At the same time, employers and other decision-makers need

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to have some reassurance of a person’s reliability. Therefore, the intent and purpose of this

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chapter is to provide a process that would, in select and appropriate cases, allow the issuance of a

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certificate of recovery & re-entry. Said certificate, if granted by the parole board, would serve to

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relieve the petitioner, in appropriate cases, of some of the collateral consequences resulting from

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his or her criminal record. Said certificate shall serve as one determining factor as to whether the

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petitioner has been successful in his or her rehabilitation.

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     13-8.2-2. Definitions. -- As used in this chapter the following words and terms shall have

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the following meanings:

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     (1) "Board" means the parole board within the Rhode Island department of corrections,

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established pursuant to the provisions of section 13-8-1.

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     (2) "Department" means the department of corrections.

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     (3) "Director" means the director of the department of corrections.

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     (4) "Eligible Petitioner" means a person who has not been convicted of a crime or of an

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offense as defined in RIGL subdivision 11-47-2(2) and in RIGL subdivision 12-1.3-1(1) who has

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not been convicted of more than one felony.

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     (5) "Certificate of recovery & re-entry " or "Certificate" shall serve as one determining

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factor, consistent with concerns of public safety, of the person’s ability to obtain employment,

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professional licenses, housing and other benefits and opportunities. Provided, further, that said

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instrument shall serve as a determination that the person receiving it has successfully achieved his

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or her recovery & re-entry goals as provided for in section 13-8.2-4.

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     (6) "Conviction" notwithstanding the provisions of section 12-18-3, means the imposition

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of a fine, period of incarceration whether or not suspended, probation or deferred sentence

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imposed after the entry of a plea of nolo contendere.

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     (7) "Petition" means the motion, pleading, or other legal document or form seeking the

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issuance of a certificate of recovery & re-entry from the board.

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     (8)"Felony" means a conviction of a felony in this state or of an offense, that is not a

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crime of violence, in any other jurisdiction for which a sentence to a term of imprisonment in

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excess of one year, was authorized. Criminal acts committed outside the state shall be classified

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as acts committed within the state.

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     13-8.2-3. Rules of construction. -- For the purposes of this chapter the following rules of

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construction, facts and circumstances shall apply:

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     (1) Two (2) or more convictions of felonies charged in separate counts of one indictment

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or information shall be deemed to be one conviction;

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     (2) Two (2) or more convictions of felonies charged in two (2) or more separate

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indictments or information, where disposition of all indictments or information takes place on the

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same date, shall be deemed to be one conviction; and

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     (3) A plea or verdict of guilty upon which a sentence of probation, conditional discharge,

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or supervision has been imposed shall be deemed to be a conviction.

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     13-8.2-4. Procedure for issuance of certificate. -- The board shall have the following

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procedures for certificate of recovery & re-entry hearings:

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     (1) To hear petitions from individuals seeking an order granting the issuance of a

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certificate of recovery & re-entry.

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     (2) To establish the minimum period of recovery & re-entry for individuals referred to in

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subdivision (1) of this section, as follows:

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     (i) Where the most serious crime of which the individual was convicted is a

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misdemeanor, the minimum period of recovery & re-entry shall be one year;

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     (ii) Where the most serious crime of which the individual was convicted is a non-violent

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felony conviction, the minimum period of recovery & re-entry shall be three (3) years; and

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     (iii) The minimum period of recovery & re-entry by the individual shall be measured

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either from the date of the payment of any fine imposed upon him or her, or from the date of his

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or her release from the institutional facility, custody by parole or home confinement, whichever is

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later.

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     (3) To classify criminal acts committed outside the state as acts committed within the

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state based on the non violent nature of the criminal acts and the maximum sentence that could

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have been imposed based upon such conviction pursuant to the laws of such foreign jurisdiction.

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     (4) To use its discretion as to the holding of an open hearing or an individual conference

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on any matter relevant to the granting of the application and the taking of testimony under oath.

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     13-8.2-5. Powers and duties of the board. -- (a) The board shall have the power to issue

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and establish criteria to determine eligibility for issuance of the certificate of recovery & re-entry;

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     (b) By an affirmative vote of a majority of the members of the board to issue a certificate

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of recovery & re-entry to any person previously convicted of a crime in any jurisdiction;

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     (c) To create all applications, and certificates necessary for the purposes of this chapter

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upon forms prescribed by the board. Such forms relating to certificates of recovery & re-entry

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shall be distributed by the chairman of the board;

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     (d) To promulgate all necessary rules and regulations to carry out the intent of this

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chapter; and

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     (e) Any information contained within a certificate of recovery & re-entry as created in

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subsection (c) of this section shall be limited to:

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     (i) The applicant’s name;

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     (ii) Date of birth;

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     (iii) Certificate number;

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     (iv) Issue date;

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     (v) A statement that "The board has determined that up to and including the issue date

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stated above, this individual has met the necessary standards of recovery & re-entry to hold the

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certificate"; and

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     (vi) Authentication phone number for the department of corrections.

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     13-8.2-6. Limitations and restrictions of certificate. -- (a) Nothing contained in this

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chapter shall be deemed:

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     (1) Destruction or sealing of criminal records pursuant to section 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) To alter or limit or affect the manner of applying for pardons to the

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     Governor;

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     (b) The certificate shall not to be deemed to prevent:

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     (1) Any judicial proceeding, administrative, licensing or other body, or authority from

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relying upon the conviction specified in the certificate as the basis for the exercise of its

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discretionary power to suspend, revoke, or refuse to issue or renew any license, permit, or other

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authority or privilege.

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     (2) Or limit the introduction of evidence of a prior conviction for purposes of

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impeachment of a witness in a judicial or other proceeding where otherwise authorized by the

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applicable rules of evidence.

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     (3) The enhancement from misdemeanor to felony when charging an individual with a

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criminal offense, subsequent to the conviction on which the certificate was issued, when a prior

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conviction mandates such enhancement of subsequent charges.

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     13-8.2-7. Severability. -- If any provision of this chapter or its application to any person

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or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality shall not

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affect other provisions or applications of this chapter which can be given effect without the

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invalid or unconstitutional provision or application, and to this end the provisions of this chapter

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are declared to be severable.

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     13-8.2-8. Immunity for third-party individuals -- Civil and criminal. -- An individual

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or entity that denies employment, professional licensing, housing or other benefits or

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opportunities to a holder of a certificate of recovery & re-entry on the basis of a criminal records

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check shall not be liable for civil damages or subject to any claim, demand, cause of action, or

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proceeding of any nature as a result of such denial.

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     SECTION 2. This act shall take effect one year from the date of passage.

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LC00310/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINALS--CORRECTIONAL INSTITUTIONS -- PAROLE

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     This act would authorize the parole board to issue certificates of recovery & re-entry to

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individuals convicted of certain crimes who establish their successful rehabitation to the

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satisfaction of the parole board.

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     This act would take effect one year from the date of passage.

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LC00310/SUB A

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