The bill amends Section 12-19-2 of the General Laws in Chapter 12-19, titled "Sentence and Execution," to introduce new considerations for sentencing. It requires courts to make a finding as to whether a defendant is the parent of a child or infant, or a caregiver of an elderly, disabled, or terminally ill family member whose well-being would be negatively affected by the defendant's absence due to incarceration. If such a situation is identified, the court must consider various factors, including:

1. Whether the parent is breastfeeding the child;
2. The age of the child or elderly, disabled, or terminally ill family member, with strong consideration given to avoiding disruption of caregiving;
3. The role of the parent or caregiver in the day-to-day educational and medical needs of the dependent;
4. The relationship between the parent and child or caregiver and the elderly, disabled, or terminally ill family member;
5. Any special medical, educational, or psychological needs of the dependent; and
6. The role of the parent or caregiver in the financial support of the dependent.

Unless the court finds that the parent or caregiver poses a significant risk to the community that outweighs the risk of harm to the dependent by the parent's or caregiver's removal from the family, the court shall impose a sentence of probation, a suspended sentence, or home confinement that allows the parent or caregiver to continue to care for their child or children, or elderly, disabled, or terminally ill family member.

Additionally, the bill permits the defendant to present a family impact statement at sentencing, which the court must consider prior to imposing any sentence. This impact statement may include testimony from family and community members, written statements, videos, and other documentation. The bill aims to balance the needs of the justice system with the potential impact of incarceration on families.

Statutes affected:
5648: 12-19-2