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 courts regarding defendants who are parents or caregivers. The court is required to make a finding as to whether the 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 imposing a sentence of probation, a suspended sentence, or home confinement, unless the defendant poses a significant risk to the community that outweighs the potential harm to the family member.

The bill outlines specific factors for the court to consider in assessing the appropriateness of any sentence imposed, including: (1) whether the parent is breastfeeding the child; (2) the age of the child or elderly, disabled, or terminally ill family member; (3) the role of the parent or caregiver in the day-to-day educational and medical needs of the child or family member; (4) the relationship between the parent and child or caregiver and family member; (5) any special medical, educational, or psychological needs of the child or family member; and (6) the role of the parent or caregiver in providing financial support.

Additionally, the court shall permit 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. Unless the court finds that the parent or caregiver poses a significant risk to the community that outweighs the risk of harm to the child or family member by their removal, 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.

Statutes affected:
7652: 12-19-2