§ 42-56-7. Parole and probation.
(a) Authority. The division of rehabilitative services, subject to the authority of the director, shall perform the functions relating to the parole and probation of adults as prescribed by this chapter and chapters 18 and 19 of title 12, and under those rules and regulations adopted by the director of corrections with the approval of the governor and the parole board in the executive department.
(b) Assessments. The division of rehabilitative services shall adopt risk and needs screens and assessments and behavioral health assessments that are validated at least once every five (5) years for the purpose of informing the following decisions:
(1) Probation supervision intensity, case management, and treatment objectives, adopted in collaboration with the superior courts;
(2) Correctional treatment and classification; and
(3) Parole supervision intensity, case management, and treatment objectives, adopted in collaboration with the parole board, and parole release decisions, adopted in collaboration with, and for implementation by, the parole board.
(c) Special conditions. The assessment implemented under subsection (b)(1) of this section should be performed prior to placement on probation, whenever possible, to support judicial decisions affecting conditions of supervision under § 12-19-8.1.
(d) Supervision. The division of rehabilitative services shall:
(1) Provide limited supervision for probationers who qualify based on offense level, time under supervision without a violation, and the results from a validated risk and needs assessment;
(2) Provide high-intensity supervision and treatment for probationers who, based on screening and assessments, are high risk to re-offend and present high needs for behavioral health services;
(3) Collaborate with the executive office of health and human services to implement Medicaid payment incentives designed to ensure timely access to quality behavioral health treatment and cognitive-behavioral programs for probationers; and
(4) Require that program providers serving probationers pursuant to a contract with the department use cognitive-behavioral programs to reduce criminal thinking.
(e) Behavioral change guidelines. The division of rehabilitative services shall adopt guidelines for probation and parole officers, governing:
(1) Incentives for compliance and risk-reducing behavior;
(2) Swift, certain, and proportionate non-confinement sanctions in response to corresponding violations of probation conditions; and
(3) The use of confinement as a sanction after the consideration of all other appropriate non-confinement sanctions in response to corresponding violations of probation conditions.
(f) Training. The division of rehabilitative services shall organize and conduct evidence-based training programs for probation and parole officers. The training shall include:
(1) Scoring and use of validated risk and needs assessments under subsection (b) of this section;
(2) Risk-based supervision strategies;
(3) Cognitive behavioral interventions;
(4) Targeting criminal risk factors to reduce recidivism;
(5) Use of incentives for compliance and risk-reducing behavior;
(6) Use of swift, certain, and proportionate sanctions in response to corresponding violations of probation conditions pursuant to subsection (e)(2) of this section;
(7) Recognizing symptoms of substance use and mental health needs and making treatment referrals; and
(8) De-escalating erratic criminal behavior.
(g) All probation and parole officers employed on or after the effective date of this act shall complete the training requirements set forth in this section. Selected probation and parole officers shall become trainers to ensure sustainability of these training requirements.
(h) Information. The division of rehabilitative services shall develop or adopt an automated case management and reporting system for probation and parole officers.
(i) Implementation. Deadlines for implementation of this section by the department of corrections shall be as follows: subsection (b) (initial assessment validation), subsection (c) (special condition recommendations), subsection (d) (supervision intensity), and subsection (f) (for training of existing probation and parole officers), one year from the effective date of this section [September 28, 2017]; subsection (e) (behavior change guidelines), six (6) months from the effective date of this section; subsections (f) and (g) (for training of new probation and parole officers) and subsection (h) (case management system), two (2) years from the effective date of this section.
History of Section.P.L. 1972, ch. 163, § 1; P.L. 1976, ch. 290, § 1; P.L. 1991, ch. 183, § 2; P.L. 2017, ch. 343, § 2; P.L. 2017, ch. 349, § 2.
Structure Rhode Island General Laws
Title 42 - State Affairs and Government
Chapter 42-56 - Corrections Department
Section 42-56-1. - Declaration of policy.
Section 42-56-2. - Establishment of department — Director.
Section 42-56-3. - Transfer of functions from the department of human services.
Section 42-56-4. - Organization of department.
Section 42-56-5. - Director to be the appointing authority.
Section 42-56-5.1. - Justice reinvestment.
Section 42-56-6. - Management of institutions.
Section 42-56-7. - Parole and probation.
Section 42-56-8. - Departmental seal.
Section 42-56-9. - Authority of department broadly construed.
Section 42-56-10. - Powers of the director.
Section 42-56-11 - — 42-56-13. Repealed.
Section 42-56-14. - Buildings and grounds comprising institutions.
Section 42-56-14.1. - Statutory references to former institutions.
Section 42-56-15. - References to jailers and jail keepers.
Section 42-56-16. - Deputy warden and employees, women’s division, adult correctional institutions.
Section 42-56-17. - Identification and description of inmates.
Section 42-56-18. - Inmate furloughs.
Section 42-56-19. - Educational and vocational training unit.
Section 42-56-20. - Care and employment of short term prisoners.
Section 42-56-20.1. - Repealed.
Section 42-56-20.2. - Community confinement.
Section 42-56-20.3. - Community correctional program for women offenders.
Section 42-56-20.4. - Repealed.
Section 42-56-20.5. - Establishment of a women’s transitional housing facility.
Section 42-56-20.6. - Restitution mandatory — Prior to community confinement.
Section 42-56-21.1. - Notification upon work release.
Section 42-56-21.2. - Restitution mandatory — Prior to work release.
Section 42-56-22. - Labor by persons committed on mesne process or to answer criminal charge.
Section 42-56-23. - Body of deceased inmate.
Section 42-56-24. - Earned time for good behavior or program participation or completion.
Section 42-56-26. - Additional time allowed for meritorious service.
Section 42-56-27. - Clothing and payment of discharged prisoners.
Section 42-56-28. - Prisoners previously sentenced.
Section 42-56-29. - Receiving and orientation unit — Study of incoming prisoners.
Section 42-56-30. - Classification board.
Section 42-56-31. - Determination of classification and rehabilitation programs of prisoners.
Section 42-56-32. - Classification unit.
Section 42-56-33. - Training school for youth.
Section 42-56-34. - Designation of land and buildings for training school for youth.
Section 42-56-36. - Transfer of powers and functions from department of corrections.
Section 42-56-37. - Human Immunodeficiency Virus (HIV) testing.
Section 42-56-38. - Assessment of costs.
Section 42-56-38.1. - Prisoner telephone use.
Section 42-56-38.2. - Furnishing of health records.
Section 42-56-39. - A prison impact statement.
Section 42-56-40. - Transfer of foreign convicted offenders under treaty.