The bill amends the General Laws in Chapter 42-56, specifically Section 42-56-20.2, concerning the Corrections Department's community confinement program. It revises the criteria for who may be placed in community confinement, now including those adjudged guilty of a crime, sentenced to imprisonment, or awaiting trial, with certain exceptions. The bill introduces a definition for "violent felony" and enumerates crimes that fall under this category. It removes the previous disqualification for community confinement based on offenses involving the illegal possession of a firearm. The legislation requires judges to make specific findings before sentencing an individual to community confinement and mandates the establishment of a community confinement program, including participant capacity determination, monthly reporting, and an application process.
The bill also details the supervision and enforcement aspects of the community confinement program. It assigns the supervision responsibilities to the director of corrections or their designate, mandates intense surveillance, and allows for searches for safety and compliance. The use of body-affixed electronic monitoring devices is restricted unless specified or authorized by the director. The director is given regulatory authority, and the department may contract with private agencies for program implementation, with limited civil liability for those agencies and employees. Violations of community confinement terms can lead to serving the remaining sentence in a facility as determined by the director, and individuals must reimburse the state for confinement costs. The bill includes a severability clause, notification requirements for local police, and prohibits incarceration credit for time in community confinement while awaiting trial. It also prohibits the use of college or university housing for community confinement and allows judges to waive overnight stays after sentencing, which is binding on the correctional institution. The bill would take effect upon passage and would allow individuals convicted of illegal firearm possession to be eligible for community confinement at the court's discretion.
Statutes affected: 625: 42-56-20.2