2025 -- S 0140 | |
======== | |
LC000409 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT | |
| |
Introduced By: Senators Raptakis, Tikoian, Sosnowski, Burke, McKenney, LaMountain, | |
Date Introduced: January 31, 2025 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 42-56-24 of the General Laws in Chapter 42-56 entitled "Corrections |
2 | Department" is hereby amended to read as follows: |
3 | 42-56-24. Earned time for good behavior or program participation or completion. |
4 | (a) A person serving a sentence of a violation of § 11-5-1 (where the specified felony is |
5 | murder), § 11-23-1, § 11-26-1.4, § 11-37-2, § 11-37-8.1, or § 11-37-8.3 shall not be eligible to earn |
6 | time off their term or terms of incarceration for good behavior. |
7 | (b) The director, or the director’s designee, shall keep a record of the conduct of each |
8 | prisoner, and for each month that a prisoner who has been sentenced to imprisonment for six (6) |
9 | months or more and not under sentence to imprisonment for life, appears by the record to have |
10 | faithfully observed all the rules and requirements of the institutions and not to have been subjected |
11 | to discipline, and is serving a sentence imposed for violation of sexual offenses under § 11-37-4, § |
12 | 11-37-6, § 11-37-8, or § 11-9-1.3 there shall, with the consent of the director of the department of |
13 | corrections, or the director’s designee, upon recommendation to him or her by the assistant director |
14 | of institutions/operations, be deducted from the term or terms of sentence of that prisoner the same |
15 | number of days that there are years in the term of his or her sentence; provided, that when the |
16 | sentence is for a longer term than ten (10) years, only ten (10) days shall be deducted for one |
17 | month’s good behavior; and provided, further, that in the case of sentences of at least six (6) months |
18 | and less than one year, one day per month shall be deducted. |
19 | For the purposes of this subsection computing the number of days to be deducted for good |
| |
1 | behavior, consecutive sentences shall be counted as a whole sentence. This subsection recognizes |
2 | the serious nature of sex offenses; promotes community safety and protection of the public; and |
3 | maintains the ability of the department of corrections to oversee the rehabilitation and supervision |
4 | of sex offenders. |
5 | (c) For all prisoners serving sentences of more than one month, and not serving a sentence |
6 | of imprisonment for life or a sentence imposed for a violation of the offenses identified in |
7 | subsection (a) or (b) of this section the director, or the director’s designee, shall keep a record of |
8 | the conduct of each prisoner, and for each month that prisoner has faithfully observed all the rules |
9 | and requirements of the institutions and has not been subjected to discipline, there shall, with the |
10 | consent of the director of the department of corrections or the director’s designee and upon |
11 | recommendation by the assistant director of institutions/operations, be deducted from the term or |
12 | terms of sentence of that prisoner ten (10) days for each month’s good behavior. |
13 | (d) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct, as |
14 | determined by the assistant director, institutions/operations, subject to the authority of the director, |
15 | there shall be deducted one day from the time he or she shall have gained for good conduct. |
16 | (e) The assistant director, or the assistant director’s designee, subject to the authority of the |
17 | director, shall have the power to restore lost good conduct time in whole or in part upon a showing |
18 | by the prisoner of subsequent good behavior and disposition to reform. |
19 | (f) For each month that a prisoner who has been sentenced to imprisonment for more than |
20 | one month and not under sentence to imprisonment for life has faithfully engaged in institutional |
21 | industries there shall, with the consent of the director, upon the recommendation to the director by |
22 | the assistant director, institutions/operations, be deducted from the term or terms of the prisoner an |
23 | additional two (2) to five (5) days a month. |
24 | (g) Except those prisoners serving a sentence imposed for violation of subsection (a) or (b) |
25 | of this section, for each month that a prisoner who has been sentenced to imprisonment for more |
26 | than one month and not under sentence to imprisonment for life has participated faithfully in |
27 | programs that have been determined by the director or the director’s designee to address that |
28 | prisoner’s individual needs that are related to his/her criminal behavior, there may, with the consent |
29 | of the director and upon the recommendation of the assistant director, rehabilitative services, be |
30 | deducted from the term or terms of the prisoner up to an additional five (5) days a month. |
31 | Furthermore, whenever the prisoner has successfully completed such program, there may; with the |
32 | consent of the director and upon the recommendation by the assistant director, rehabilitative |
33 | services, be deducted from the term or terms of the prisoner up to an additional thirty (30) days. |
34 | (h)(1) A person who is serving a term or terms of a probation sentence of one year or |
| LC000409 - Page 2 of 4 |
1 | longer, including a person who has served a term of incarceration followed by a probation sentence, |
2 | except those serving a term of probation for a sentence in violation of § 11-5-1 (where the specified |
3 | felony is murder or sexual assault), § 11-23-1, § 11-26-1.4, § 11-37-2, § 11-37-8.1, or § 11-37-8.3, |
4 | or § 31-27-2.2 shall upon serving three years of their probation sentence be eligible to earn time |
5 | off their term or terms of the probation sentence for compliance with court-ordered terms and |
6 | conditions of probation. Calculation of these credits shall commence upon the probationer’s |
7 | completion of all terms of incarceration. |
8 | (2) The director, or the director’s designee, shall keep a record of the conduct of each |
9 | probationer. For each month that the probationer has not had a judicial finding of a violation of |
10 | conditions of probation, there shall, with the consent of the director of the department of |
11 | corrections, or designee, upon recommendation of the assistant director of institutions/operations, |
12 | or designee, be deducted from the term or terms of the probationer’s sentence ten (10) days for each |
13 | month’s compliance with the terms and conditions of his or her probation. |
14 | (3) For each month that a violation of probation is pending the probationer shall not be |
15 | eligible to earn probation compliance credits. In the event there is a judicial determination that the |
16 | probationer did not violate his or her terms and conditions of probation, credit will be awarded |
17 | retroactive to the date of the filing of the probation violation. In the event there is a judicial |
18 | determination that the probationer did violate his or her terms and conditions of probation, the |
19 | probationer shall not be awarded compliance credits for the time during which the violation was |
20 | pending, and further, the court may order revocation of prior earned compliance credits. |
21 | (4) The probation department of the department of corrections shall keep a record of the |
22 | probationer’s sentence to include the person’s end of sentence date based on earned credits for |
23 | compliance with their terms and conditions of probation. |
24 | (5) This section shall apply to all individuals sentenced to probation, including those |
25 | sentenced prior to enactment of the statute. However, the award of probation compliance credits |
26 | shall be prospective only from the date of enactment of the statute. |
27 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC000409 | |
======== | |
| LC000409 - Page 3 of 4 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT | |
*** | |
1 | This act would prohibit defendants who are serving probation for driving under the |
2 | influence death resulting from earning good time off their probationary period. |
3 | This act would take effect upon passage. |
======== | |
LC000409 | |
======== | |
| LC000409 - Page 4 of 4 |