The bill amends Section 12-19-2 of the General Laws in Chapter 12-19 entitled "Sentence and Execution" to include new provisions regarding the sentencing of individuals who are parents. It introduces a new subsection (c) that requires the court to make a finding on whether the defendant is a parent whose child's well-being will be negatively affected by their absence. The court must consider factors such as whether the parent is breastfeeding, the age of the child, the parent's role in the child's education and medical needs, the parent-child relationship, and any special needs of the child. The court is also required to allow the defendant to present a family impact statement during sentencing, which may include various forms of testimony and documentation.
Furthermore, the bill stipulates that unless the court finds the parent poses a significant risk to the community that outweighs the harm to the child from the parent's absence, the court shall impose a sentence that allows the parent to continue caring for their child, such as probation, a suspended sentence, or home confinement. The bill also includes minor renumbering of subsequent subsections due to the insertion of the new subsection (c). The act would take effect upon passage, emphasizing the importance of considering the impact of sentencing on the defendant's children and promoting alternatives to imprisonment when appropriate.
Statutes affected: 145: 12-19-2