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 | |
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Introduced By: Senator Matthew L. LaMountain | |
Date Introduced: May 29, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 12-29-5 and 12-29-5.2 of the General Laws in Chapter 12-29 entitled |
2 | "Domestic Violence Prevention Act" are hereby amended to read as follows: |
3 | 12-29-5. Disposition of domestic violence cases. |
4 | (a) Every person convicted of, or placed on probation for, a crime involving domestic |
5 | violence or whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere, |
6 | in addition to any other sentence imposed or counseling ordered, shall be ordered by the judge to |
7 | attend, at his or her own expense, a batterer’s intervention program appropriate to address his or |
8 | her violent behavior; provided, however, that the court may permit a servicemember or veteran to |
9 | complete any court-approved counseling program administered or approved by the Veterans’ |
10 | Administration. This order shall be included in the conditions of probation. Failure of the defendant |
11 | to comply with the order shall be a basis for violating probation and/or the provisions of § 12-10- |
12 | 12. This provision shall not be suspended or waived by the court. |
13 | (b) Every person convicted of, or placed on probation for, a crime involving domestic |
14 | violence as enumerated in § 12-29-2, or whose case is filed pursuant to § 12-10-12 where the |
15 | defendant pleads guilty or nolo contendere, in addition to other court costs or assessments imposed, |
16 | shall be ordered to pay a one hundred twenty-five dollar ($125) assessment. Eighty percent (80%) |
17 | of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition |
18 | Against Domestic Violence for programs to assist victims of domestic violence and twenty percent |
19 | (20%) of the assessment shall be deposited as general revenue. |
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1 | (c)(1) Every person convicted of an offense punishable as a misdemeanor involving |
2 | domestic violence as defined in § 12-29-2 shall: |
3 | (i) For a second violation, be imprisoned for a term of not less than ten (10) days and not |
4 | more than one year. |
5 | (ii) For a third and subsequent violation, be deemed guilty of a felony and be imprisoned |
6 | for a term of not less than one year and not more than ten (10) years. |
7 | (2) No jail sentence provided for under this section can be suspended. |
8 | (3) Nothing in this subsection shall be construed as limiting the discretion of the judges to |
9 | impose additional sanctions authorized in sentencing. |
10 | (d) The court shall determine, for every person who pleads nolo contendere to, or is |
11 | convicted of, an offense involving domestic violence as enumerated in § 12-29-2, whether, as a |
12 | result of the plea or conviction, the defendant is prohibited under § 11-47-5(a)(3) or § 11-47- |
13 | 5(a)(4) from purchasing, owning, carrying, transporting, or having in his or her possession any |
14 | firearm. |
15 | (1) Prior to the entry of a plea of nolo contendere to an offense involving domestic violence |
16 | as enumerated in § 12-29-2, the court shall advise the defendant that a plea of nolo contendere has |
17 | the same legal effect and collateral consequences as a plea of guilty. |
18 | (2) Prior to the entry of a plea of nolo contendere to an offense punishable as a felony |
19 | involving domestic violence as enumerated in § 12-29-2, or an offense enumerated in § 11-47- |
20 | 5(a)(4), the court shall advise the defendant that, in addition to any other sentence or penalty, the |
21 | defendant shall, as result of the plea, be prohibited from purchasing, owning, carrying, transporting, |
22 | or having in their possession any firearm under § 11-47-5. |
23 | (3) The person required to surrender his or her firearms pursuant to this section shall not |
24 | be responsible for any costs of storage of any firearms surrendered pursuant to this section. |
25 | (e) For the purposes of this section, “batterers intervention program” means a program that |
26 | is certified by the batterers intervention program standards oversight committee according to |
27 | minimum standards, pursuant to §§ 12-29-5.1, 12-29-5.2, and 12-29-5.3. |
28 | (f) For purposes of this section, “servicemember” means a person who is presently serving |
29 | in the armed forces of the United States, including the Coast Guard, a reserve component thereof, |
30 | or the National Guard. “Veteran” means a person who has served in the armed forces, including |
31 | the Coast Guard of the United States, a reserve component thereof, or the National Guard, and has |
32 | been discharged under other than dishonorable conditions. |
33 | (g) The court shall indicate on every record of conviction or a plea of nolo contendere for |
34 | an offense punishable as a felony involving domestic violence, as defined in § 12-29-2, that the |
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1 | defendant is prohibited under §§ 11-47-5 and 11-47-5.3 from purchasing, owning, carrying, |
2 | transporting, or having in their possession, any firearm(s). The court shall inform the defendant of |
3 | their prohibited status and shall order the defendant to surrender any firearm(s) in their ownership, |
4 | possession, care, custody or control in accordance with § 11-47-5.3. |
5 | (h) The court shall indicate on every record of conviction or a plea of nolo contendere for |
6 | an offense enumerated in § 11-47-5(a)(4) that the defendant is prohibited under §§ 11-47-5 and |
7 | 11-47-5.4 from purchasing, owning, carrying, transporting, or having in their possession, any |
8 | firearm(s). The court shall inform the defendant of their prohibited status, shall order the defendant |
9 | to surrender any firearm(s) in their ownership, possession, care, custody or control, and shall ensure |
10 | that surrender is made in accordance with § 11-47-5.4. |
11 | (i) No proceeds shall be provided to any person if the firearm(s) is destroyed pursuant to |
12 | this section. |
13 | (j) Any firearm(s) used in the commission of the offense leading to the conviction pursuant |
14 | to this section shall be forfeited to the state upon conviction. |
15 | 12-29-5.2. Duties and responsibilities of committee. |
16 | (a) The committee shall have the duties and responsibilities to: |
17 | (1) Establish and promulgate minimum standards for batterers intervention programs |
18 | serving persons mandated pursuant to § 12-29-5; revise the standards as is deemed necessary; |
19 | ensure the standards comport with evidence-informed practices designed to reduce risk; and make |
20 | the standards available to the public, provided that the standards shall include, but not be limited |
21 | to, the following: |
22 | (i) Batterers intervention programs shall be conducted using evidence-informed |
23 | programming and dosage levels designed to reduce the risk of future violent behavior; |
24 | (ii) The duration of batterers intervention programs shall may be a minimum of forty (40) |
25 | contact hours over the course of twenty (20) weeks; |
26 | (iii) Batterers intervention programs shall may require that all mandated batterers pay fees |
27 | for the programs in accordance with the provisions of § 12-29-5; provided, that programs shall |
28 | accommodate varying levels of ability to pay by means of sliding-fee scales and may elect to offer |
29 | alternatives to payment in the form of community restitution and/or deferred payment for a portion |
30 | of the fees; and |
31 | (iv) Provisions shall be established defining the circumstances under which defendants who |
32 | have attended a batterers program while incarcerated, and/or a batterers program in another |
33 | jurisdiction that is certified under that jurisdiction’s standards or not subject to standards in that |
34 | jurisdiction, may request that their documented participation in such program be accepted in |
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1 | satisfaction of some portion of their obligation to attend forty (40) hours of a certified batterers |
2 | intervention program as described in subsection (a)(1)(ii). |
3 | (2) Monitor and review batterers intervention programs seeking certification with respect |
4 | to compliance with the standards, including periodic, on-site review; |
5 | (3) Certify those batterers intervention programs that are in compliance with the standards |
6 | established pursuant to subsection (a)(1); and |
7 | (4) Investigate and decide appeals, complaints, requests for variances, and post-enrollment |
8 | certification applications. |
9 | (b) For purposes of this chapter, “post-enrollment certification applications” means those |
10 | applications made to the committee by a batterer mandated to attend a certified batterers |
11 | intervention program in accordance with § 12-29-5 who has, prior to adjudication, enrolled in a |
12 | program not certified by the committee. The application shall include supporting documentation |
13 | from the batterers intervention program and a request that participation in the batterers intervention |
14 | program be accepted in lieu of the equivalent number of hours of a certified batterers intervention |
15 | program. The committee shall act upon a post-enrollment certification application within thirty (30) |
16 | days of receipt of the application. |
17 | (c) The state public safety grant administration office may provide grants to provide for the |
18 | access to, and expansion and improvement of, community-based batterers intervention programs. |
19 | The batterers intervention standards oversight committee shall make recommendations to the |
20 | public safety grant administration policy board regarding the distribution of funds in the form of |
21 | grants to programs to cover the costs of delivering quality services to indigent offenders, and to |
22 | assist community providers and their staffs to utilize outcome-based best practices and effective |
23 | programming methods. |
24 | SECTION 2. This act shall take effect upon passage. |
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LC005274 | |
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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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1 | This act would permit the court to determine the number of hours a person would have to |
2 | complete of a batters intervention program and would give the court discretion as to whether that |
3 | person would be personally financially responsible for the costs thereof. |
4 | This act would take effect upon passage. |
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LC005274 | |
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