2025 -- H 5379

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LC001116

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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 CRIMINALS -- CORRECTIONAL INSTITUTIONS -- COMMISSION ON

PARDONS

     Introduced By: Representatives Morales, Felix, Cruz, Caldwell, Craven, McEntee,
Casimiro, Stewart, Slater, and Ajello

     Date Introduced: February 07, 2025

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 13 of the General Laws entitled "CRIMINALS — CORRECTIONAL

INSTITUTIONS" is hereby amended by adding thereto the following chapter:

CHAPTER 10.1

COMMISSION ON PARDONS

     13-10.1-1. Commission on pardons established – Duties.

     (a) There is hereby established a commission on pardons to administer the application

process, consider applicants, and ultimately make recommendations to the governor regarding

applicants seeking an executive pardon pursuant to Article IX, Section 13 of the Constitution of

Rhode Island.

     (b) A person shall only be considered for a pardon if:

     (1) A person has completed their sentence and is ineligible for an expungement pursuant

to §§ 12-1.3-1 through 12-1.3-5;

     (2) A person is eligible for expungement, has applied for expungement, and has been

denied; or

     (3) A person is on probation and is eligible for early termination of probation pursuant to

Rule 35(c) of the Rhode Island superior court rules of criminal procedure.

     (c) The commission shall be responsible for promulgating rules and regulations necessary

for developing an application process for applicants seeking to request a pardon including, but not

limited to:

     (1) Establishing what documents and forms need to be submitted with an application in

order to be considered for a pardon;

     (2) Establishing a timeline for an applicant to receive a response; and

     (3) Establishing criteria for determining a person’s eligibility for recommendation of a

pardon by the commission.

     (d) The commission shall submit to the governor the names of those individuals whom they

determine should be considered for a pardon, and the governor shall have the authority to submit

any of those recommended names, or any others, to the state senate for advice and consent.

     13-10.1-2. Composition of commission.

     (a) The commission on pardons shall consist of nine (9) members that would be appointed

for a two (2) year term. Members of the commission shall be as follows:

     (1) An appointee from the judicial branch who shall be appointed the by chief justice of

the Rhode Island supreme court;

     (2) An appointee from the department of the attorney general who shall be appointed by

the attorney general;

     (3) An appointee from the office of the public defender who shall be appointed by the chief

public defender;

     (4) An appointee from the Rhode Island office of parole/probation who shall be appointed

by the governor;

     (5) An appointee from the nonviolence institute who shall be appointed by the director of

the institute. The appointee must be an active member of the institute;

     (6) An appointee from the Economic Progress Insitute who shall be appointed by the

director of the institute. The appointee must be an active member of the institute;

     (7) An appointee from the reentry campus program who shall be appointed by the director

of the program. The appointee must be an active member of the program;

     (8) An appointee from OpenDoors who shall be appointed by the director of the program.

The appointee must be an active member of the program;

     (9) An appointee from the center for indigenous people’s rights who shall be appointed by

the director of the center. The appointee must be an active member of the center.

     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 CRIMINALS -- CORRECTIONAL INSTITUTIONS -- COMMISSION ON

PARDONS

***

     This act would establish a commission to promulgate rules, regulations and make

recommendations to the governor as to petitions for pardons under Article IX, Section 13 of the

Constitution of Rhode Island.

     This act would take effect upon passage.

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