State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-56 > 42-56-20-3

SECTION 42-56-20.3

   § 42-56-20.3  Community correctionalprogram for women offenders. – (a) Program established. In addition to the provisions of §42-56-20.2, there shall be established within the department of corrections acommunity correctional program for women offenders. Notwithstanding anyprovision to the contrary, the department of corrections may contract withprivate agencies to carry out the provisions of this section. The civilliability of these agencies and their employees, acting within the scope oftheir employment, and carrying out the provisions of this section, shall belimited in the same manner and dollar amount as if they were agencies oremployees of the state.

   (b) Persons subject to this section. Every person whois either sentenced to imprisonment in the women's division of the adultcorrectional institutions for a term of two (2) years or less or awaiting trialat the women's division of the adult correctional institutions shall beeligible to serve in the community confinement program for women offendersunder the provisions of this section.

   (1) The director, or his or her designee, shall refer personseligible to serve in the community correctional program to the program directorof the community correctional program. The program director shall beresponsible for developing with each person an individualized plan, which shallbe designed toward providing her an opportunity for rehabilitation andrestitution. Each plan shall assess the need for, and provide for, employment,vocational or academic education, housing, restitution, community service, orany other social service or counseling need appropriate to the particularwoman. Each plan shall be submitted to the director of the department ofcorrections, or his or her designee, for approval.

   (2) Upon approval by the director, or his or her designee, ofthe plan, the plan shall be submitted to the sentencing judge for his or herapproval. Upon the court's approval, the person shall be released from theadult correctional institutions for participation in the community correctionalprogram. The supervision of persons so released shall be conducted by thedirector, or his or her designee. The director, or his or her designee, shallhave the full power and authority set forth in § 42-56-20.2.

   (d) Violations. Any person serving in the communitycorrectional program who is found to be a violator of any of the terms andconditions imposed upon her according to her plan, this section or any rules,regulations, or restrictions issued pursuant hereto shall serve the balance ofher sentence in a classification deemed appropriate by the director.

   (1) Assessment of additional penalty for prostitutionrelated offenses. There shall be assessed as a penalty, in addition tothose provided by law, against all defendants charged under §§11-34-1, 11-34-5, 11-34-5.1, and 11-34-8.1, who plead nolo contendere orguilty, or who are found guilty of the commission of those crimes as follows:

   (i) Where the offense charged is a felony, the assessmentshall be in the amount of five hundred dollars ($500), or ten percent (10%) ofany fine imposed on the defendant by the court, whichever is greater;

   (ii) Where the offense charged is a misdemeanor, theassessment shall be in the amount of three hundred and fifty dollars ($350), orten percent (10%) of any fine imposed on the defendant by the court, whicheveris greater;

   (iii) Costs shall be assessed whether or not the defendant issentenced to prison.

   (2) When there are multiple counts or multiple charges to bedisposed of simultaneously, the judge may, in his or her discretion, suspendthe obligation of the defendant to pay on more than three (3) counts or charges.

   (3) The assessment shall be deposited as general revenues.

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-56 > 42-56-20-3

SECTION 42-56-20.3

   § 42-56-20.3  Community correctionalprogram for women offenders. – (a) Program established. In addition to the provisions of §42-56-20.2, there shall be established within the department of corrections acommunity correctional program for women offenders. Notwithstanding anyprovision to the contrary, the department of corrections may contract withprivate agencies to carry out the provisions of this section. The civilliability of these agencies and their employees, acting within the scope oftheir employment, and carrying out the provisions of this section, shall belimited in the same manner and dollar amount as if they were agencies oremployees of the state.

   (b) Persons subject to this section. Every person whois either sentenced to imprisonment in the women's division of the adultcorrectional institutions for a term of two (2) years or less or awaiting trialat the women's division of the adult correctional institutions shall beeligible to serve in the community confinement program for women offendersunder the provisions of this section.

   (1) The director, or his or her designee, shall refer personseligible to serve in the community correctional program to the program directorof the community correctional program. The program director shall beresponsible for developing with each person an individualized plan, which shallbe designed toward providing her an opportunity for rehabilitation andrestitution. Each plan shall assess the need for, and provide for, employment,vocational or academic education, housing, restitution, community service, orany other social service or counseling need appropriate to the particularwoman. Each plan shall be submitted to the director of the department ofcorrections, or his or her designee, for approval.

   (2) Upon approval by the director, or his or her designee, ofthe plan, the plan shall be submitted to the sentencing judge for his or herapproval. Upon the court's approval, the person shall be released from theadult correctional institutions for participation in the community correctionalprogram. The supervision of persons so released shall be conducted by thedirector, or his or her designee. The director, or his or her designee, shallhave the full power and authority set forth in § 42-56-20.2.

   (d) Violations. Any person serving in the communitycorrectional program who is found to be a violator of any of the terms andconditions imposed upon her according to her plan, this section or any rules,regulations, or restrictions issued pursuant hereto shall serve the balance ofher sentence in a classification deemed appropriate by the director.

   (1) Assessment of additional penalty for prostitutionrelated offenses. There shall be assessed as a penalty, in addition tothose provided by law, against all defendants charged under §§11-34-1, 11-34-5, 11-34-5.1, and 11-34-8.1, who plead nolo contendere orguilty, or who are found guilty of the commission of those crimes as follows:

   (i) Where the offense charged is a felony, the assessmentshall be in the amount of five hundred dollars ($500), or ten percent (10%) ofany fine imposed on the defendant by the court, whichever is greater;

   (ii) Where the offense charged is a misdemeanor, theassessment shall be in the amount of three hundred and fifty dollars ($350), orten percent (10%) of any fine imposed on the defendant by the court, whicheveris greater;

   (iii) Costs shall be assessed whether or not the defendant issentenced to prison.

   (2) When there are multiple counts or multiple charges to bedisposed of simultaneously, the judge may, in his or her discretion, suspendthe obligation of the defendant to pay on more than three (3) counts or charges.

   (3) The assessment shall be deposited as general revenues.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-56 > 42-56-20-3

SECTION 42-56-20.3

   § 42-56-20.3  Community correctionalprogram for women offenders. – (a) Program established. In addition to the provisions of §42-56-20.2, there shall be established within the department of corrections acommunity correctional program for women offenders. Notwithstanding anyprovision to the contrary, the department of corrections may contract withprivate agencies to carry out the provisions of this section. The civilliability of these agencies and their employees, acting within the scope oftheir employment, and carrying out the provisions of this section, shall belimited in the same manner and dollar amount as if they were agencies oremployees of the state.

   (b) Persons subject to this section. Every person whois either sentenced to imprisonment in the women's division of the adultcorrectional institutions for a term of two (2) years or less or awaiting trialat the women's division of the adult correctional institutions shall beeligible to serve in the community confinement program for women offendersunder the provisions of this section.

   (1) The director, or his or her designee, shall refer personseligible to serve in the community correctional program to the program directorof the community correctional program. The program director shall beresponsible for developing with each person an individualized plan, which shallbe designed toward providing her an opportunity for rehabilitation andrestitution. Each plan shall assess the need for, and provide for, employment,vocational or academic education, housing, restitution, community service, orany other social service or counseling need appropriate to the particularwoman. Each plan shall be submitted to the director of the department ofcorrections, or his or her designee, for approval.

   (2) Upon approval by the director, or his or her designee, ofthe plan, the plan shall be submitted to the sentencing judge for his or herapproval. Upon the court's approval, the person shall be released from theadult correctional institutions for participation in the community correctionalprogram. The supervision of persons so released shall be conducted by thedirector, or his or her designee. The director, or his or her designee, shallhave the full power and authority set forth in § 42-56-20.2.

   (d) Violations. Any person serving in the communitycorrectional program who is found to be a violator of any of the terms andconditions imposed upon her according to her plan, this section or any rules,regulations, or restrictions issued pursuant hereto shall serve the balance ofher sentence in a classification deemed appropriate by the director.

   (1) Assessment of additional penalty for prostitutionrelated offenses. There shall be assessed as a penalty, in addition tothose provided by law, against all defendants charged under §§11-34-1, 11-34-5, 11-34-5.1, and 11-34-8.1, who plead nolo contendere orguilty, or who are found guilty of the commission of those crimes as follows:

   (i) Where the offense charged is a felony, the assessmentshall be in the amount of five hundred dollars ($500), or ten percent (10%) ofany fine imposed on the defendant by the court, whichever is greater;

   (ii) Where the offense charged is a misdemeanor, theassessment shall be in the amount of three hundred and fifty dollars ($350), orten percent (10%) of any fine imposed on the defendant by the court, whicheveris greater;

   (iii) Costs shall be assessed whether or not the defendant issentenced to prison.

   (2) When there are multiple counts or multiple charges to bedisposed of simultaneously, the judge may, in his or her discretion, suspendthe obligation of the defendant to pay on more than three (3) counts or charges.

   (3) The assessment shall be deposited as general revenues.