Rhode Island § 13-8-35 - Parole

§ 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.