2021 -- H 5087

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT

     Introduced By: Representative Jason Knight

     Date Introduced: January 22, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-56-5.1 of the General Laws in Chapter 42-56 entitled "Corrections

Department" is hereby amended to read as follows:

     42-56-5.1. Justice reinvestment.

     (a) The department, in conjunction with the performance management staff at the office of

management and budget, shall monitor the implementation of justice reinvestment policies for the

period from 2017 to 2022, utilizing a benefit-cost model, such as the one developed and supported

by the Pew-MacArthur Results First Initiative, including:

     (1) Adoption and use of screening and assessment tools to inform judicial and executive

branch decisions regarding arraignment and bail, pretrial conditions and supervision, probation and

parole supervision, correctional programs, and parole release;

     (2) Use of court rules designed to accelerate the disposition and improve the procedural

fairness of pretrial decisions, including violations of bail, filing, deferred sentence, and probation;

     (3) Use of judicial sentencing benchmarks designed to:

     (i) Guide purposeful, limited probation and suspended sentence terms; and

     (ii) Achieve proportionate sanctions for violations;

     (4) Progress by the department of corrections, division of rehabilitative services, in

achieving the initiatives required by § 42-56-7;

     (5) The feasibility of implementing additional law enforcement training in responding to

people with behavioral health and substance abuse needs, and of providing for one or more suitable

locations for such people to be referred for treatment; and

     (6) Barriers to reentry and the availability and effectiveness of programs designed to

increase employability and employment of people in the criminal justice system.

     (b) The department shall attempt to report on data analyzing key decision points with

information broken out by offense, risk, and appropriate demographic data whenever available. The

report must provide, or report on efforts to provide, relevant measures including the following:

     (1) The number of people for whom a pre-arraignment report is conducted under § 12-13-

24.1, and the number who are affected by each subdivision of subsection (a) of this section;

     (2) The number of people who are eligible for pre-trial diversion opportunities and the

number of people selected for diversion programs;

     (3) Length of probation terms and suspended sentences imposed;

     (4) Sanctions imposed by probation officers and by courts and the violations triggering the

sanctions;

     (5) Pre-trial lengths of stay including length prior to probation violation hearings;

     (6) Volume and characteristics of people on probation caseloads, including limited and

high intensity caseloads;

     (7) Restitution amounts imposed and percentage of collections by increment of time under

correctional control;

     (8) Community-based cognitive behavioral treatment programs funded, including the

amount of funding received by each program and the number of high-risk probation clients served;

     (9) Batterers intervention programs funded to increase or refine treatment, including the

amount of funding received by each program and the number of clients served; and

     (10) Amounts of victim restitution assessed and collected.; and

     (11) The executive branch or the department shall report its findings and recommendations

in an annual report to the legislature, detailing the status and compliance of the department on or

before April 1, of each year.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT

***

     This act would require the executive branch or the department of corrections to report its

findings and recommendations regarding the justice reinvestment policies or the department of

corrections, to the legislature on or before April 1, of each year.

     This act would take effect upon passage.

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