2025 -- H 5124

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- THE RHODE ISLAND FIRST STEP ACT

     Introduced By: Representatives J. Lombardi, Hull, Ajello, Potter, Stewart, and Felix

     Date Introduced: January 22, 2025

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Policy and findings.

     The general assembly finds and declares that sentence reductions for various inmates

serving lengthy terms of imprisonment are appropriate and hereby enacts chapter 19.4 of title 12 in

furtherance of that finding.

     SECTION 2. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is hereby

amended by adding thereto the following chapter:

CHAPTER 19.4

THE RHODE ISLAND FIRST STEP ACT

     12-19.4-1. Short title.

     This chapter shall be known and cited as "The Rhode Island First Step Act".

     12-19.4-2. Definitions.

     As used in this chapter:

     (1) "Department" means the Rhode Island department of corrections.

     (2) "Eligible elderly inmate" means an inmate in the custody of the department:

     (i) Who is not less than sixty-five (65) years of age;

     (ii) Who has served at least two-thirds (2/3) of the term of imprisonment to which the

inmate was sentenced and in the case of an inmate serving a life sentence, that has served at least

the minimum term of years required before parole eligibility; and

     (iii) Who does not have a history of violence while incarcerated, has not attempted to

escape or escaped during the inmate's term of imprisonment and who has not engaged in conduct

which would place the individual at substantial risk of re-offending or endangering any person if

released to pre-release confinement.

     (3) "Eligible terminally ill inmate" means an inmate in the custody of the department:

     (i) Who has been determined by a licensed physician approved by the department to be:

     (A) In need of care at a nursing home, intermediate care facility, or assisted living facility

as those terms are defined in the National Housing Act § 232, (12 U.S.C. 1715w); or

     (B) Diagnosed with a terminal illness.

     (ii) Who has served at least two-thirds (2/3) of the term of imprisonment to which the

inmate was sentenced and in the case of an inmate serving a life sentence, that has served at least

the minimum term of years required before parole eligibility; and

     (iii) Who does not have a history of violence while incarcerated, has not attempted to

escape or escaped during the inmate's term of imprisonment and who has not engaged in conduct

which would place the individual at substantial risk of re-offending or endangering any person if

released to pre-release confinement.

     (4) "Functional literacy" means an eighth-grade equivalence in reading and mathematics

on a nationally recognized standardized test or functional competency or literacy on a nationally

recognized criterion-referenced test.

     (5) "Prerelease custody" means and shall include home confinement, a residence in a

community treatment center, restitution center, mental health facility, alcohol or drug rehabilitation

center or other community facility or halfway house under the supervision of the department.

     (6) "Terminal illness" means a disease or condition with an end-of-life trajectory.

     12-19.4-3. Sentencing factors to be considered.

     The court, in determining whether to impose a term of imprisonment for any inmate

convicted of a crime, shall consider the following:

     (1) The seriousness of the offense, the history and characteristics of the inmate, the need

for rehabilitation, substance abuse treatment, mental health treatment, the need for educational or

vocational training and the inmate's prior criminal history.

     (2) Notwithstanding the provisions of this chapter or the provisions of rules of criminal

procedure for the superior court of Rhode Island, rule 35, a judgment of conviction that includes

such a sentence constitutes a final judgment for all other purposes.

     12-19.4-4. Dignity for female inmates.

     (a) The department shall not shackle any female inmate who is pregnant while incarcerated.

This ban shall continue for a period of three (3) months after the ending of the pregnancy.

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     (b) The department shall provide and make available to all female inmates sanitary napkins

and tampons at no cost.

     12-19.4-5. Modification of an imposed term of imprisonment.

     (a) The court may modify a term of imprisonment, upon motion of the department or upon

motion of the inmate if it finds that:

     (1) Extraordinary and compelling reasons warrant such a reduction; or

     (2) The inmate is at least sixty-five (65) years of age, has served at least two-thirds (2/3)

of the sentence for the offense or offenses for which the inmate is currently imprisoned, and a

determination has been made by the director that the inmate is not a danger to the safety of any

other person or the community.

     (b) The court may modify an imposed term of imprisonment to the extent otherwise

expressly permitted by statute or by the rules of criminal procedure for the superior court of Rhode

Island, rule 35.

     (c) In the case of an inmate who has been sentenced to a term of imprisonment based on a

sentencing provision that has subsequently been reduced, the court may reduce the term of

imprisonment, after considering the factors set forth in this section.

     12-19.4-6. Notification requirements- Modification based on terminal illness.

     Notification. The department shall, subject to any applicable confidentiality requirement,

in the case of an inmate diagnosed with a terminal illness:

     (1) Not later than seventy-two (72) hours after the diagnosis, notify the inmate's attorney,

family members, or health care designee of the inmate's condition and advise them that they may

prepare a request for sentence reduction on the inmate's behalf;

     (2) Not later than seven (7) days after the date of the diagnosis, provide the inmate's

attorney, family members, or health care designee an opportunity to visit the inmate in person,

regardless of whether the inmate is being housed in a prison facility or hospital;

     (3) Upon request from the inmate, family member or health care designee, ensure that the

department personnel assist the inmate, if not represented by counsel, in the preparation, drafting

and submission of a motion for sentence reduction, or assist them in preparing a request that counsel

be appointed to represent the inmate if the inmate otherwise qualifies for the services of the public

defender or court appointed counsel;

     (4) Not later than fourteen (14) days of receipt of a request for a sentence reduction, process

said request; and

     (5) Ensure that all department facilities regularly and visibly post, including in inmate

handbooks, staff training manuals and materials, facility law libraries and medical and hospice

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facilities, and make available to inmates upon demand, notice of:

     (i) An inmate's ability to request a sentence reduction pursuant to this chapter;

     (ii) The procedures and timelines for initiation and resolving requests for sentence

reductions; and

     (iii) The right to reapply to the parole board sixty (60) days after denial of application

pursuant to § 13-8.1-4.

     12-19.4-7. Release of an inmate.

     (a) An inmate shall be released by the department on the date of the expiration of the

inmate's term of imprisonment, less any time credited toward the service of the inmate's sentence

as provided in subsection (b) of this section. If the date for an inmate's release falls on a Saturday,

Sunday, or legal holiday, the inmate shall be released by the department on the last preceding

weekday.

     (b) An inmate who is serving a term of imprisonment of more than one year, other than a

term of imprisonment for the duration of the inmate's life, may receive credit toward the service of

the inmate's sentence, beyond the time served, of up to one-hundred twenty (120) days at the end

of each year of the inmate's term of imprisonment, beginning at the end of the first year of the term,

subject to determination by the department that, during that year, the inmate has displayed

exemplary compliance with institutional disciplinary regulations. In the case of an inmate serving

a life sentence, the inmate may receive credit toward their parole eligibility date of up to seventy-

five (75) days at the end of each year. No inmate shall receive credit toward the service of their

sentence if the department determines that, during that year, the inmate has not satisfactorily

complied with the institutional regulations, or has incurred disciplinary infractions in violation of

any institutional regulation. Provided, however, the department may award the inmate such lesser

credit as the department determines to be appropriate after considering the nature and frequency of

the violations. The department shall also consider whether the inmate, during the relevant period,

has earned, or is making satisfactory progress toward earning, a high school or college diploma or

equivalent degree or has worked in prison industries, in any form of employment, during the period

of their incarceration.

     (c) The department shall ensure that it has in effect an optional general educational

development (GED) program for inmates who have not earned a high school diploma or its

equivalent.

     (d) The department shall ensure that an inmate serving a term of imprisonment spends a

portion of the final months of that term, but in no event not more than twelve (12) months, in pre-

release custody, under conditions that will afford that inmate a reasonable opportunity to adjust to

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and prepare for the reentry of that inmate into the community.

     (e) The authority under this chapter may be used to place an inmate in pre-release custody

for a term of ten percent (10%) of the remaining term of imprisonment of that inmate or six (6)

months, whichever is longer. The department shall place inmates with lower risk levels and lower

needs on home confinement for the maximum amount of time permitted under this subsection.

Those inmates who are not considered to be low risk levels or those not with lower needs shall also

be considered for pre-release custody; provided that, the term in pre-release custody shall not

exceed five percent (5%) of the remaining term of imprisonment of that inmate or four (4) months,

whichever is longer.

     (f) The division of parole and probation shall, to the extent practicable, offer assistance

with job placement, counseling services and medical services to an inmate during pre-release

custody pursuant to subsection (e) of this section.

     (g) The department shall promulgate rules and regulations to implement the provisions of

this chapter pursuant to this section not later than ninety (90) days after the effective date of this

chapter, which shall ensure that placement in pre-release custody in a community is:

     (1) Conducted in a manner consistent with this section;

     (2) Determined on an individual basis; and

     (3) Of sufficient duration to provide the greatest likelihood of successful reintegration into

the community.

     12-19.4-8. Allotment of clothing, funds and transportation.

     Upon the release of an inmate on the expiration of the inmate's term of imprisonment, the

department shall furnish the inmate with:

     (1) Suitable clothing;

     (2) If the inmate is considered indigent, an amount of money, not more than five hundred

dollars ($500), determined by the department to be consistent with the needs of the inmate and the

public interest; and

     (3) Transportation to the inmate's bona fide residence within the state; provided, however,

that no transportation shall be provided to a place outside of this state if the inmate is a Rhode

Island resident or if the inmate has not obtained approval from the department to transfer inmate's

probation/parole to another state.

     12-19.4-9. Mandatory functional literacy requirement.

     (a) The department shall have in effect a mandatory functional literacy program for all

mentally capable inmates who are not functionally literate in each correctional institution within

six (6) months from the effective date of this chapter.

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     (b) Each mandatory functional literacy program shall include a requirement that each

inmate participate in such program for a mandatory period sufficient to provide the inmate with an

adequate opportunity to achieve functional literacy, and appropriate incentives which lead to

successful completion of such programs shall be developed and implemented.

     (c) Non-English speaking inmates shall be required to participate in an English-as-a-second

language program until they function at an eighth grade equivalence on a nationally recognized

educational achievement test, or until the expiration of their sentence, whichever comes first.

     12-19.4-10. Release from confinement.

     (a) The department shall establish pre-release planning procedures that help inmates

acclimate back into society. The planning procedures shall include providing inmates with

information in the areas of education, vocational training, employment opportunities, the

availability of medical care, mental health and substance abuse counseling and community

resources that would otherwise assist them upon their release.

     (b) The department shall inform a person who is released from prison and required to

register under the sexual offender registration and community notification requirements of chapter

37.1 of title 11 as they apply to that person.

     (c) The department shall assist inmates, prior to release from a term of imprisonment, in

obtaining a social security card, driver's license or other official photo identification, and a birth

certificate.

     (d) The department, the state and its agencies, officers, and employees shall be immune

from liability based on good faith conduct in carrying out the provisions of this section.

     12-19.4-11. Recidivism prevention.

     (a) In order to prevent recidivism, increase public safety, rebuild ties between inmates and

their families and to encourage the development of and expand the availability of the evidence

based programs such as substance abuse treatment, the department, through its division of probation

and parole, shall provide sufficient transitional services for up to one year to include education,

vocational training, employment opportunities, the availability of medical care, mental health and

substance abuse counseling and community resources that would otherwise assist them upon their

release.

     (b) In order to achieve these goals, the department shall:

     (1) Assess each inmate's skill level, including academic, vocational, health, cognitive,

interpersonal, daily living, and related reentry skills, at the beginning of the term of imprisonment

of that inmate to identify any areas in need of improvement prior to reentry;

     (2) Generate a skills development plan for each inmate to monitor skills enhancement and

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reentry readiness throughout incarceration;

     (3) Ensure that priority is provided to the reentry needs of high-risk populations, such as

sex offenders, career criminals, and inmates with mental health problems;

     (4) Coordinate and collaborate with other agencies including the department of health and

criminal justice community-based organizations, and faith-based organizations to assist in

effectuating a seamless reintegration of inmates into communities;

     (5) Collect information regarding an inmate's family relationships, parental

responsibilities, and contacts with children to assist inmates maintain important familial

relationships and support systems during incarceration and after release from custody; and

     (6) Provide incentives, as the department deems appropriate, for inmate participation in

skills development programs.

     12-19.4-12. Elderly and terminally ill inmates.

     (a) The department shall establish a program to determine the effectiveness of removing

eligible elderly inmates and eligible terminally ill inmates from a prison facility and placing such

inmates in pre-release custody until the expiration of the prison term to which the inmate was

sentenced.

     (b) In carrying out the program as described in this section, the department may release

some or all eligible elderly inmates and eligible terminally ill inmates from a prison facility to pre-

release custody.

     (c) A violation by an eligible elderly inmate or eligible terminally ill inmate of the terms

of pre-release custody, or the commission of another offense while in pre-release custody, shall

result in the return of that inmate to the designated institution in which that inmate was imprisoned

immediately before placement in pre-release custody or to another appropriate institution, as

determined by the department.

     SECTION 3. 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 -- THE RHODE ISLAND FIRST STEP ACT

***

     This act would establish the Rhode Island first step program requiring the department of

corrections to assist inmates with reintegration into society, provide them with counseling, medical

care, and education and provide for modification of imprisonment or relocation to pre-release

confinement for elderly and terminally ill inmates.

     This act would take effect upon passage.

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