2024 -- S 3108

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LC005274

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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 CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE PREVENTION ACT

     

     Introduced By: Senator Matthew L. LaMountain

     Date Introduced: May 29, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 12-29-5 and 12-29-5.2 of the General Laws in Chapter 12-29 entitled

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"Domestic Violence Prevention Act" are hereby amended to read as follows:

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     12-29-5. Disposition of domestic violence cases.

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     (a) Every person convicted of, or placed on probation for, a crime involving domestic

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violence or whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere,

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in addition to any other sentence imposed or counseling ordered, shall be ordered by the judge to

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attend, at his or her own expense, a batterer’s intervention program appropriate to address his or

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her violent behavior; provided, however, that the court may permit a servicemember or veteran to

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complete any court-approved counseling program administered or approved by the Veterans’

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Administration. This order shall be included in the conditions of probation. Failure of the defendant

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to comply with the order shall be a basis for violating probation and/or the provisions of § 12-10-

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12. This provision shall not be suspended or waived by the court.

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     (b) Every person convicted of, or placed on probation for, a crime involving domestic

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violence as enumerated in § 12-29-2, or whose case is filed pursuant to § 12-10-12 where the

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defendant pleads guilty or nolo contendere, in addition to other court costs or assessments imposed,

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shall be ordered to pay a one hundred twenty-five dollar ($125) assessment. Eighty percent (80%)

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of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition

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Against Domestic Violence for programs to assist victims of domestic violence and twenty percent

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(20%) of the assessment shall be deposited as general revenue.

 

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     (c)(1) Every person convicted of an offense punishable as a misdemeanor involving

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domestic violence as defined in § 12-29-2 shall:

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     (i) For a second violation, be imprisoned for a term of not less than ten (10) days and not

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more than one year.

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     (ii) For a third and subsequent violation, be deemed guilty of a felony and be imprisoned

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for a term of not less than one year and not more than ten (10) years.

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     (2) No jail sentence provided for under this section can be suspended.

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     (3) Nothing in this subsection shall be construed as limiting the discretion of the judges to

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impose additional sanctions authorized in sentencing.

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     (d) The court shall determine, for every person who pleads nolo contendere to, or is

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convicted of, an offense involving domestic violence as enumerated in § 12-29-2, whether, as a

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result of the plea or conviction, the defendant is prohibited under § 11-47-5(a)(3) or § 11-47-

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5(a)(4) from purchasing, owning, carrying, transporting, or having in his or her possession any

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firearm.

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     (1) Prior to the entry of a plea of nolo contendere to an offense involving domestic violence

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as enumerated in § 12-29-2, the court shall advise the defendant that a plea of nolo contendere has

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the same legal effect and collateral consequences as a plea of guilty.

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     (2) Prior to the entry of a plea of nolo contendere to an offense punishable as a felony

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involving domestic violence as enumerated in § 12-29-2, or an offense enumerated in § 11-47-

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5(a)(4), the court shall advise the defendant that, in addition to any other sentence or penalty, the

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defendant shall, as result of the plea, be prohibited from purchasing, owning, carrying, transporting,

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or having in their possession any firearm under § 11-47-5.

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     (3) The person required to surrender his or her firearms pursuant to this section shall not

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be responsible for any costs of storage of any firearms surrendered pursuant to this section.

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     (e) For the purposes of this section, “batterers intervention program” means a program that

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is certified by the batterers intervention program standards oversight committee according to

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minimum standards, pursuant to §§ 12-29-5.1, 12-29-5.2, and 12-29-5.3.

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     (f) For purposes of this section, “servicemember” means a person who is presently serving

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in the armed forces of the United States, including the Coast Guard, a reserve component thereof,

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or the National Guard. “Veteran” means a person who has served in the armed forces, including

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the Coast Guard of the United States, a reserve component thereof, or the National Guard, and has

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been discharged under other than dishonorable conditions.

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     (g) The court shall indicate on every record of conviction or a plea of nolo contendere for

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an offense punishable as a felony involving domestic violence, as defined in § 12-29-2, that the

 

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defendant is prohibited under §§ 11-47-5 and 11-47-5.3 from purchasing, owning, carrying,

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transporting, or having in their possession, any firearm(s). The court shall inform the defendant of

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their prohibited status and shall order the defendant to surrender any firearm(s) in their ownership,

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possession, care, custody or control in accordance with § 11-47-5.3.

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     (h) The court shall indicate on every record of conviction or a plea of nolo contendere for

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an offense enumerated in § 11-47-5(a)(4) that the defendant is prohibited under §§ 11-47-5 and

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11-47-5.4 from purchasing, owning, carrying, transporting, or having in their possession, any

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firearm(s). The court shall inform the defendant of their prohibited status, shall order the defendant

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to surrender any firearm(s) in their ownership, possession, care, custody or control, and shall ensure

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that surrender is made in accordance with § 11-47-5.4.

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     (i) No proceeds shall be provided to any person if the firearm(s) is destroyed pursuant to

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this section.

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     (j) Any firearm(s) used in the commission of the offense leading to the conviction pursuant

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to this section shall be forfeited to the state upon conviction.

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     12-29-5.2. Duties and responsibilities of committee.

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     (a) The committee shall have the duties and responsibilities to:

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     (1) Establish and promulgate minimum standards for batterers intervention programs

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serving persons mandated pursuant to § 12-29-5; revise the standards as is deemed necessary;

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ensure the standards comport with evidence-informed practices designed to reduce risk; and make

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the standards available to the public, provided that the standards shall include, but not be limited

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to, the following:

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     (i) Batterers intervention programs shall be conducted using evidence-informed

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programming and dosage levels designed to reduce the risk of future violent behavior;

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     (ii) The duration of batterers intervention programs shall may be a minimum of forty (40)

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contact hours over the course of twenty (20) weeks;

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     (iii) Batterers intervention programs shall may require that all mandated batterers pay fees

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for the programs in accordance with the provisions of § 12-29-5; provided, that programs shall

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accommodate varying levels of ability to pay by means of sliding-fee scales and may elect to offer

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alternatives to payment in the form of community restitution and/or deferred payment for a portion

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of the fees; and

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     (iv) Provisions shall be established defining the circumstances under which defendants who

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have attended a batterers program while incarcerated, and/or a batterers program in another

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jurisdiction that is certified under that jurisdiction’s standards or not subject to standards in that

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jurisdiction, may request that their documented participation in such program be accepted in

 

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satisfaction of some portion of their obligation to attend forty (40) hours of a certified batterers

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intervention program as described in subsection (a)(1)(ii).

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     (2) Monitor and review batterers intervention programs seeking certification with respect

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to compliance with the standards, including periodic, on-site review;

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     (3) Certify those batterers intervention programs that are in compliance with the standards

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established pursuant to subsection (a)(1); and

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     (4) Investigate and decide appeals, complaints, requests for variances, and post-enrollment

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certification applications.

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     (b) For purposes of this chapter, “post-enrollment certification applications” means those

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applications made to the committee by a batterer mandated to attend a certified batterers

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intervention program in accordance with § 12-29-5 who has, prior to adjudication, enrolled in a

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program not certified by the committee. The application shall include supporting documentation

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from the batterers intervention program and a request that participation in the batterers intervention

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program be accepted in lieu of the equivalent number of hours of a certified batterers intervention

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program. The committee shall act upon a post-enrollment certification application within thirty (30)

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days of receipt of the application.

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     (c) The state public safety grant administration office may provide grants to provide for the

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access to, and expansion and improvement of, community-based batterers intervention programs.

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The batterers intervention standards oversight committee shall make recommendations to the

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public safety grant administration policy board regarding the distribution of funds in the form of

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grants to programs to cover the costs of delivering quality services to indigent offenders, and to

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assist community providers and their staffs to utilize outcome-based best practices and effective

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programming methods.

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     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 CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE PREVENTION ACT

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     This act would permit the court to determine the number of hours a person would have to

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complete of a batters intervention program and would give the court discretion as to whether that

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person would be personally financially responsible for the costs thereof.

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     This act would take effect upon passage.

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