The bill proposes significant changes to the General Laws related to homicide, robbery, and the use of firearms in the commission of a crime. It simplifies the language around penalties for first-degree murder, removing specific aggravating factors that previously mandated life imprisonment without parole. The bill also establishes that kidnappers will be guilty of first-degree murder if a person under 18 dies as a result of the kidnapping. For robbery involving a motor vehicle, the bill sets minimum sentences and specifies that if the robbery results in death, the offender will be guilty of first-degree murder with parole eligibility after 20 years. The use of firearms in violent crimes now carries fixed imprisonment terms, with life imprisonment for third or subsequent offenses, and the bill outlines consecutive sentencing and parole eligibility for these offenses. Additionally, the bill repeals the chapter on sentencing to life imprisonment without parole and inserts new language regarding sentencing procedures, including the consideration of aggravating and mitigating circumstances.
The bill also revises the eligibility for parole, work release, furlough programs, and medical or geriatric parole for inmates serving life imprisonment. It sets minimum imprisonment periods before parole eligibility based on the crime committed and removes the possibility for life without parole inmates to participate in work release and furlough programs. All prisoners, except those serving life without parole, are eligible for medical or geriatric parole consideration. The parole board is authorized to grant parole to terminally ill, severely ill, or permanently incapacitated prisoners, as well as aging prisoners. The bill has both prospective and retroactive effect for offenses occurring on or after January 1, 1991, and abolishes the penalty of life without parole upon passage.
Statutes affected: 374: 11-39-2, 11-47-3.2, 13-8-13, 42-56-22