2023 -- S 0376

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LC000416

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINALS--CORRECTIONAL INSTITUTIONS -- PAROLE

     Introduced By: Senators Quezada, DiMario, Acosta, Cano, Lawson, Miller, Valverde,
Kallman, and Bell

     Date Introduced: February 16, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

hereby amended to read as follows:

     13-8-13. Life prisoners and prisoners with lengthy sentences.

     (a) In the case of a prisoner sentenced to imprisonment for life, a parole permit may be

issued at any time after the prisoner has served not less than ten (10) years’ imprisonment; provided

that:

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

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

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

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

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

not less than fifteen (15) years’ imprisonment;

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

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

not less than twenty (20) years’ imprisonment;

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

murder committed after July 1, 2015, the permit may be issued only after the prisoner has served

not less than twenty-five (25) years’ imprisonment; and

     (5) In the case of a prisoner sentenced to imprisonment for life for a crime, other than first-

or second-degree murder, committed after July 1, 2015, the permit may be issued only after the

prisoner has served not less than twenty (20) years’ imprisonment.

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

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

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

cease and terminate.

     (c)(1) In the case of a prisoner sentenced to imprisonment for life who is convicted of

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

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

(25) years’ imprisonment; provided, however, that as to a prisoner who has been sentenced to

imprisonment for life for a conviction of first- or second-degree murder, committed after July 1,

2015, and who is convicted thereafter of escape or attempted escape from the lawful custody of the

warden of the adult correctional institutions, the permit may be issued only after the prisoner has

served not less than thirty-five (35) years’ imprisonment; and

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

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

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

occurring after May 7, 1981, the permit may be issued only after the prisoner has served not less

than ten (10) years consecutively on each life sentence; provided, in the case of a prisoner sentenced

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

be issued only after the prisoner has served not less than fifteen (15) years consecutively on each

life sentence. In the case of a prisoner sentenced consecutively to more than one life term for crimes

occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less

than twenty (20) years consecutively on each life sentence. In the case of a prisoner sentenced

consecutively to more than one life term for crimes, including first- or second-degree murder,

occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less

than twenty-five (25) years consecutively on each life sentence.

     (e) Any person sentenced for any offense committed prior to his or her twenty-second

birthday, other than a person serving life without parole, shall be eligible for parole review and a

parole permit may be issued after the person has served no fewer than twenty (20) years’

imprisonment unless the person is entitled to earlier parole eligibility pursuant to any other

provisions of law. This subsection shall be given prospective and retroactive effect for all offenses

occurring on or after January 1, 1991.

     (f) Notwithstanding any other provision of the general or public laws to the contrary,

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including, but not limited to, §§ 13-8-9 and 13-8-10, but specifically excluding any sentence

received under chapter 19.2 of title 12, and unless a prisoner is entitled to earlier eligibility for

parole pursuant to any other provision of law, a prisoner sentenced as an adult for any offense or

offenses committed prior to the prisoner's eighteenth birthday, shall be eligible for parole review

and a parole permit may be issued after the prisoner has served no fewer than fifteen (15) years

imprisonment.

     SECTION 2. This act shall take effect upon passage and shall be given prospective and

retroactive effect to all offenses occurring on or after January 1, 1991.

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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 provide that prisoners who committed offenses prior to age eighteen (18)

and were sentenced as adults would be eligible for parole after completing fifteen (15) years of

their sentence. This act would not lengthen their parole eligibility should the prisoner be eligible

for parole earlier than fifteen (15) years.

     This act would take effect upon passage and would be given prospective and retroactive

effect to all offenses occurring on or after January 1, 1991.

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