§ 13-8-3.1. Subpoena powers of board.
(a) Upon a specific demand made by either party to a preliminary or final parole revocation, the parole board is authorized and empowered to summon witnesses and to compel the production and examination of papers, books, accounts, documents, records, certificates and other legal evidence that may be necessary or proper for the determination and decision of any question before the board at the hearing.
(b) Both parties to a preliminary or final parole revocation hearing shall be informed of the right to compulsory process sufficiently in advance of the hearing to allow the parole board to effectuate that right in accordance with this section.
(c) Nothing in this statute shall be deemed to modify or supercede existing or common law privilege, including the confidential informant privilege.
(d) All subpoenas and subpoenas duces tecum shall be signed by the chairperson or, in the absence or disqualification of the chairperson, by any other member of the parole board, and shall be served as subpoenas are now served in civil cases in the superior court; and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as are now provided for witnesses in civil cases in the superior court.
(e) If any person fails to obey the command of any subpoena without reasonable cause, or if a person in attendance before the board shall, without reasonable cause, refuse to be sworn or examined, or to answer a legal and pertinent question, the board may apply to any justice of the superior court, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) or more than five (5) days, directing the person to show cause why he or she should not be adjudged in contempt. Upon the return of the order, the justice before whom the matter is brought for a hearing shall examine the person under oath and the person shall be given an opportunity to be heard. If the justice shall determine that the person has refused without reasonable cause or legal excuse to be examined, or to answer a legal and pertinent question, or to produce books, accounts, papers, records and documents material to the issue, which he or she was ordered to bring or produce, the justice may immediately commit the person to the adult correctional institutions, thereto remain until he or she submits to do the act which he or she was so required to do, or is discharged according to law. If an application of contempt pursuant to this section relates to the actions of a witness at a public hearing, then the papers filed with and proceedings before the court shall be open to the public; otherwise, these papers and proceedings shall be confidential.
History of Section.P.L. 2000, ch. 367, § 1.
Structure Rhode Island General Laws
Title 13 - Criminals – Correctional Institutions
Section 13-8-1. - Parole board — Appointment and terms of members.
Section 13-8-2. - Qualifications of board members.
Section 13-8-3. - Chairperson of board — Liberty permits.
Section 13-8-3.1. - Subpoena powers of board.
Section 13-8-4. - Facilities and supplies for board.
Section 13-8-5. - Staffing of parole board.
Section 13-8-6. - Duties of administrator — Case folders.
Section 13-8-6.1. - Notice to local police departments and to state police.
Section 13-8-7. - Expenses of board.
Section 13-8-8. - Sentences subject to control of board.
Section 13-8-9. - Issuance of parole.
Section 13-8-9.1. - Notification upon release.
Section 13-8-10. - Prisoners subject to more than one sentence.
Section 13-8-11. - Good conduct, industrial, and meritorious service time.
Section 13-8-13. - Life prisoners and prisoners with lengthy sentences.
Section 13-8-14. - Release criteria.
Section 13-8-14.1. - Parole standards.
Section 13-8-14.2. - Special parole consideration for persons convicted as juveniles.
Section 13-8-15. - [Obsolete.]
Section 13-8-16. - Terms of parole.
Section 13-8-16.1. - Terms of parole — Certain drug offenses.
Section 13-8-17. - Reports and control by division of field services.
Section 13-8-18. - Revocation of parole — Hearing.
Section 13-8-18.1. - Preliminary parole violation hearing.
Section 13-8-19. - Arrest and return to institution on revocation of parole.
Section 13-8-20. - Service of original sentence by parolee committing offense while on parole.
Section 13-8-21. - Signature and sealing of instruments — Recognition by officers.
Section 13-8-22. - Manner of obtaining information by parole board.
Section 13-8-23. - Parties required to provide reports to parole board.
Section 13-8-24. - Case reports to director of corrections.
Section 13-8-25. - Annual reports of board.
Section 13-8-26. - Statements by interested individuals or families.
Section 13-8-27. - Fees and allowances of officers.
Section 13-8-28. - [Obsolete.]
Section 13-8-29. - Authority of parole board to grant parole to federal prisoners.
Section 13-8-30. - Community supervision for child molestation offenses.
Section 13-8-31. - Community supervision board.
Section 13-8-32. - Community supervision.
Section 13-8-33. - Violations of community supervision — penalties.