2024 -- S 2225

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT

     Introduced By: Senators Murray, Mack, Valverde, McKenney, Acosta, DiMario, Euer,
Kallman, and Lauria

     Date Introduced: January 24, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Recommendation of Special Legislative Study Commission.

     WHEREAS, The Rhode Island House of Representatives passed House Resolution 5250,

creating a "Special Legislative Study Commission Ensuring Racial Equity and Optimizing Health

and Safety Laws Affecting Marginalized Individuals" (hereinafter "the Commission") in 2021; and

     WHEREAS, This thirteen (13) member Commission specifically sought to draw from and

expand upon the significant research on the health and safety implications of laws related to

violence, exploitation, stigma, human trafficking and sexual health; laws that disproportionately

impact women, transgender individuals, and people of color; and

     WHEREAS, Members of the Commission met seven (7) times between November 2021

and April 2023 and heard testimony from a variety of experts and individuals with lived experience

in the sex trade; and

     WHEREAS, The Commission issued a comprehensive final report on August 14, 2023,

calling for numerous recommendations. In relevant part, the report issues the following

recommendation on pages 7-8: "Based on the testimony and information presented to the

Commission, and given the varied nature of the Commission's findings, the Commission proposes

the following recommendations:

     Recommend the General Assembly repeal § 42-56-20.3(e), which requires those convicted

of prostitution to pay extra court costs; and

     Evaluate the "Loitering for prostitution" statute § 11-34.1-4(a) which provide that "it shall

be unlawful for any person to stand or wander in or near any public highway or street, or any public

or private place, and attempt to engage passersby in conversation, or stop or attempt to stop motor

vehicles, for the purpose of prostitution or other commercial sexual activity;" and

     WHEREAS, Existing Rhode Island law assesses monetary penalties upon all criminal

defendants, and people who engage in prostitution currently face unnecessary additional fees that

could result in further economic marginalization and/or hardship; and

     WHEREAS, There was only one arrest and conviction for §11-34.1-4 "Loitering for

prostitution" between 2009-2019 in the State of Rhode Island; and

     WHEREAS, Other jurisdictions including New York, California, and Seattle, Washington

have repealed similar loitering for prostitution laws in recent years due to evidence that these

statutes are written vaguely such that they tend to be disproportionately enforced against

communities of color and transgender people.

     SECTION 2. Section 42-56-20.3 of the General Laws in Chapter 42-56 entitled

"Corrections Department" is hereby amended to read as follows:

     42-56-20.3. Community correctional program for women offenders.

     (a) Program established. In addition to the provisions of § 42-56-20.2, there shall be

established within the department of corrections a community correctional program for women

offenders. Notwithstanding any provision to the contrary, the department of corrections may

contract with private agencies to carry out the provisions of this section. The civil liability of these

agencies and their employees, acting within the scope of their employment, and carrying out the

provisions of this section, shall be limited in the same manner and dollar amount as if they were

agencies or employees of the state.

     (b) Persons subject to this section. Every person who is either sentenced to imprisonment

in the women’s division of the adult correctional institutions for a term of two (2) years or less or

awaiting trial at the women’s division of the adult correctional institutions shall be eligible to serve

in the community confinement program for women offenders under the provisions of this section.

     (c) Terms of community correctional program.

     (1) The director, or his or her designee, shall refer persons eligible to serve in the

community correctional program to the program director of the community correctional program.

The program director shall be responsible for developing with each person an individualized plan,

which shall be designed toward providing her an opportunity for rehabilitation and restitution. Each

plan shall assess the need for, and provide for, employment, vocational or academic education,

housing, restitution, community service, or any other social service or counseling need appropriate

to the particular woman. Each plan shall be submitted to the director of the department of

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corrections, or his or her designee, for approval.

     (2) Upon approval by the director, or his or her designee, of the plan, the plan shall be

submitted to the sentencing judge for his or her approval. Upon the court’s approval, the person

shall be released from the adult correctional institutions for participation in the community

correctional program. The supervision of persons so released shall be conducted by the director, or

his or her designee. The director, or his or her designee, shall have the full power and authority set

forth in § 42-56-20.2.

     (d) Violations. Any person serving in the community correctional program who is found

to be a violator of any of the terms and conditions imposed upon her according to her plan, this

section or any rules, regulations, or restrictions issued pursuant hereto shall serve the balance of

her sentence in a classification deemed appropriate by the director.

     (e) Costs.

     (1) Assessment of additional penalty for prostitution related offenses. There shall be

assessed as a penalty, in addition to those provided by law, against all defendants charged under §

11-34.1-1 et seq., who plead nolo contendere or guilty, or who are found guilty of the commission

of those crimes as follows:

     (i) Where the offense charged is a felony, the assessment shall be in the amount of five

hundred dollars ($500), or ten percent (10%) of any fine imposed on the defendant by the court,

whichever is greater;

     (ii) Where the offense charged is a misdemeanor, the assessment shall be in the amount of

three hundred and fifty dollars ($350), or ten percent (10%) of any fine imposed on the defendant

by the court, whichever is greater;

     (iii) Costs shall be assessed whether or not the defendant is sentenced to prison.

     (2) When there are multiple counts or multiple charges to be disposed of simultaneously,

the judge may, in his or her discretion, suspend the obligation of the defendant to pay on more than

three (3) counts or charges.

     (3) The assessment shall be deposited as general revenues.

     SECTION 3. Section 11-34.1-4 of the General Laws in Chapter 11-34.1 entitled

"Commercial Sexual Activity" is hereby repealed.

     11-34.1-4. Loitering for prostitution.

     (a) It shall be unlawful for any person to stand or wander in or near any public highway or

street, or any public or private place, and attempt to engage passersby in conversation, or stop or

attempt to stop motor vehicles, for the purpose of prostitution or other commercial sexual activity.

Any person found guilty of the crime of loitering for prostitution shall be subject to a sentence of

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up to six (6) months incarceration or by a fine of not less than two hundred fifty dollars ($250) nor

more than one thousand dollars ($1,000), or both.

     (b) Any person found guilty of a subsequent offense under this section shall be subject to

imprisonment for a term not exceeding one year, or a fine of not less than five hundred dollars

($500) nor more than one thousand dollars ($1,000), or both.

     SECTION 4. 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

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     This act would repeal provisions that assess costs for women in the community corrections

program for women offenders and would repeal the crime of loitering for prostitution.

     This act would take effect upon passage.

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