(a)  In computing the one-third (?) of any term of sentence for the purpose of § 13-8-9§ 13-8-14, the time a prisoner shall have earned pursuant to § 42-56-24 and § 42-56-26 shall be considered by the parole board to reduce inmate overcrowding when directed by the criminal justice oversight committee, pursuant to the provisions of § 42-26-13.3(e), or when directed by the governor pursuant to the provisions of § 42-26-13.3(f).

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Terms Used In Rhode Island General Laws 13-8-11

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.

(b)  As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

(1)  “Compliance,” the absence of a finding by a parole officer or the parole board of a violation of the terms or conditions of a permit or conditions of parole supervision set by the Rhode Island parole board.

(2)  “Compliance credits,” credits that an eligible offender earns through compliance with parole board-ordered conditions of parole supervision; provided, however, that the credits shall operate to reduce the length of parole supervision.

(3)  “Eligible parolee,” any offender who is currently serving a term of post-incarceration parole supervision except any such person serving a sentence of a violation of § 11-5-1 (where the specified 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.

(c)  On the first day of each calendar month after July 1, 2021, an eligible parolee shall earn five (5) days of compliance credits if the eligible parolee served on parole without any documented behavior that could constitute a violation of the terms and conditions of parole for the prior calendar month. Any compliance credits so granted and not rescinded pursuant to guidelines set forth by the parole board shall reduce the period of time that a parolee is subject to the jurisdiction of the parole board under § 13-8-9.

(d)  The parole board shall issue guidelines governing the awarding of compliance credits; any disqualifiers to the earning of compliance credits; and the rescission or suspension of compliance credits as applicable.

(e)  The award or rescission of credits pursuant to this section shall not be the subject of judicial review.

(f)  This section shall apply to all individuals sentenced to imprisonment and subsequently granted parole including those sentences granted prior to passage of this legislation and shall not alter the ability of the parole board to revoke parole. The calculation of compliance credits shall be prospective from the date of passage, while eligibility to earn compliance credits shall be prospective and retrospective.

(g)  The department of corrections shall keep a record of the eligible parolee’s sentence, including the person’s end of supervision date based on earned credits for compliance with the terms and conditions of parole.

History of Section.
P.L. 1915, ch. 1186, § 3; G.L. 1923, ch. 414, § 3; P.L. 1926, ch. 868, § 2; P.L. 1932, ch. 1933, § 1; G.L. 1938, ch. 617, § 3; P.L. 1946, ch. 1687, § 2; P.L. 1949, ch. 2161, § 1; P.L. 1956, ch. 3721, § 5; G.L. 1956, § 13-8-11; P.L. 1965, ch. 228, § 2; P.L. 1989, ch. 419, § 1; P.L. 1993, ch. 108, § 2; P.L. 2021, ch. 162, art. 13, § 3, effective July 6, 2021.