§ 13-8-35. Early termination of parole supervision.
(a) Upon its own motion or upon request of a parolee, the parole board may terminate a parolee’s supervision before the sentence expires.
(1) Seven (7) years after releasing a prisoner on supervision, and at least annually thereafter, the parole board shall review the status of the parolee to determine the need for continued supervision. The parole board shall also conduct a status review whenever the supervision officer recommends early termination of the parolee’s supervision.
(2) Seven (7) years after releasing a prisoner on supervision, excluding a parolee serving a life sentence for first- or second-degree murder, the parole board shall terminate supervision over the parolee unless the parole board determines, after a hearing in accordance with this chapter, that the supervision should not be terminated because there is a likelihood that the parolee will engage in conduct violating any criminal law. If the parole board does not terminate supervision under this subsection, the parolee may request a hearing annually thereafter, and the parole board shall conduct an early termination hearing at least every two (2) years.
(3) In calculating the two-year (2) and seven-year (7) periods provided in this section, the parole board shall not include any period of parole before the recent release, or any period served in confinement or any other sentence.
(4) A parolee may not appeal an adverse decision under this section.
(b) The parole board shall promulgate guidelines that effectuate the purpose of this section, which is to provide a mechanism for eliminating supervision on parole, in deserving cases, consistent with the rehabilitative and reentry needs of the parolee and the promotion of public safety.
In determining whether to grant early termination from supervision, the parole board shall consider its guidelines and promulgate new guidelines so as to effectuate the purpose of this section, which is to provide a mechanism for eliminating supervision on parole, in deserving cases, consistent with the rehabilitative and reentry needs of the parolee and the promotion of public safety. Termination of supervision is indicated if the parolee:
(1) Has been on supervised parole for the required period;
(2) Has observed all the laws within and without the state;
(3) Has been employed and remains employed at the time of the request; and
(4) Has completed seven (7) continuous years of supervision and is free from an incident of new criminal behavior or serious parole violation.
(c) As used in this section, the term an “incident of new criminal behavior” or “serious parole violation” includes a new arrest or report of a parole violation, if supported by substantial evidence of guilt, even if no conviction or parole revocation results. The parole board shall not terminate supervision until it determines the disposition of a pending criminal charge.
(d) Case-specific factors that may justify a departure either above or below the early termination may relate to the current behavior of the parolee, or the parolee’s background and criminal history.
History of Section.P.L. 2021, ch. 375, § 1, effective July 13, 2021; P.L. 2021, ch. 376, § 1, effective July 13, 2021.
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.