It is enacted by the General Assembly as follows:

SECTION 1. Section 12-19-32 of the General Laws in Chapter 12-19 entitled "Sentence and Execution" is hereby amended to read as follows:

{ADD 12-19-32. Restitution. -- ADD} In addition to or in lieu of any nonmandatory sanction imposed as part of a sentence or as a condition [of] probation, a judge at the time of sentencing may order restitution which may be in the form of monetary payment or some type of community service. {ADD Provided, however, that any person sentenced to a period of incarceration at the Adult Correctional Institutions shall be ineligible to participate in those programs established pursuant to chapter 13-8, sections 42-56-20.2, 42-56-20.3 or 42-56-21, unless and until such restitution has been paid in full, or satisfactory arrangements have been made with the court if such person has the ability to pay. Any such agreement shall be in writing and it shall be the burden of the person seeking to participate in any of the said programs to satisfy the appropriate authority of said compliance. Any person subject to the provisions of this chapter may request an ability to pay hearing, by filing the request with the court which imposed the original sentence. ADD}

SECTION 2. Section 13-8-14 of the General Laws in Chapter 13-8 entitled "Parole" is hereby amended to read as follows:

{ADD 13-8-14. Release criteria. -- ADD} (a) A permit shall not be issued to any prisoner under the authority of sections 13-8-9 -- 13-8-13 unless it shall appear to the parole board:

(1) That the prisoner has substantially observed the rules of the institution in which confined, as evidenced by reports submitted to the board by the director of the department of corrections, or his or her designated representatives, in a form to be prescribed by the director;

(2) That release would not depreciate the seriousness of the prisoner's offense or promote disrespect for law;

(3) That there is a reasonable probability that the prisoner, if released, would live and remain at liberty without violating the law; and

(4) That the prisoner can properly assume a role in the city or town in which he or she is to reside. In assessing the prisoner's role in the community the board shall consider:

(i) Whether or not the prisoner has employment;

(ii) The location of his or her residence and place of employment; and

(iii) The needs of the prisoner for special services, including but not limited to, specialized medical care and rehabilitative services.

{ADD (5) That any and all restitution imposed pursuant to section 12-19-32 has been paid in full, or satisfactory arrangements have been made with the court if such person has the ability to pay. Any such agreement shall be in writing and it is the burden of the person seeking parole to satisfy the parole board that this requirement has been met. Any person subject to the provisions of this section may request an ability to pay hearing, by filing the request with the court which imposed the original sentence. ADD}

(b) In the case of a prisoner sentenced to imprisonment for life who is released on parole and who is subsequently convicted of a "crime of violence" as defined in section 11-47-2, the conviction shall constitute an automatic revocation of parole and the prisoner shall not be eligible for parole thereafter.

(c) In the case of a prisoner convicted of a "crime of violence" as defined in section 11-47-2 and subsequently released on parole, should the prisoner, while on parole, commit an offense which results in a sentence of imprisonment for life, the conviction shall constitute an automatic revocation of parole and the prisoner shall not be eligible for parole thereafter.

SECTION 3. Chapter 42-56 of the General Laws entitled "Department of Corrections" is hereby amended by adding thereto the following section:

{ADD 42-56-20.6. Restitution mandatory -- Prior to community confinement. -- ADD} {ADD Any person who owes restitution pursuant to section 12-19-32, shall be ineligible to participate in those programs established pursuant to section 42-56-20.2 or section 42-56-20.3, unless and until such restitution has been paid in full, or satisfactory arrangements are made with the court if such person has the ability to pay. Any such agreement shall be in writing and it shall be the burden of the person seeking community confinement to satisfy the sentencing judge or the department of corrections, whichever is applicable, that this requirement has been met. Any person subject to the provisions of this section may request an ability to pay hearing, by filing the request with the court which imposed the original sentence. ADD}

{ADD 42-56-21.2. Restitution mandatory -- Prior to work release. -- ADD} {ADD Any person who owes restitution pursuant to section 12-19-32, shall be ineligible to participate in that program established pursuant to section 42-56-21, unless and until such restitution has been paid in full, or satisfactory arrangements are made with the court if such person has the ability to pay. Any such agreement shall be in writing and it shall be the burden of the person seeking work release to satisfy the sentencing judge or the department of correction, whichever is applicable, that this requirement has been met. Any person subject to the provisions of this section may request an ability to pay hearing, by filing the request with the court which imposed the original sentence. ADD}

SECTION 4. This act shall take effect upon passage.