(a) Program established.  In addition to the provisions of § 42-56-20.2, there shall be established within the department of corrections a community correctional program for women offenders. Notwithstanding any provision to the contrary, the department of corrections may contract with private agencies to carry out the provisions of this section. The civil liability of these agencies and their employees, acting within the scope of their employment, and carrying out the provisions of this section, shall be limited in the same manner and dollar amount as if they were agencies or employees of the state.

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Rhode Island General Laws 42-56-20.3

  • Contract: A legal written agreement that becomes binding when signed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b) Persons subject to this section.  Every person who is either sentenced to imprisonment in the women’s division of the adult correctional institutions for a term of two (2) years or less or awaiting trial at the women’s division of the adult correctional institutions shall be eligible to serve in the community confinement program for women offenders under the provisions of this section.

(c) Terms of community correctional program.

(1)  The director, or his or her designee, shall refer persons eligible to serve in the community correctional program to the program director of the community correctional program. The program director shall be responsible for developing with each person an individualized plan, which shall be designed toward providing her an opportunity for rehabilitation and restitution. Each plan shall assess the need for, and provide for, employment, vocational or academic education, housing, restitution, community service, or any other social service or counseling need appropriate to the particular woman. Each plan shall be submitted to the director of the department of corrections, or his or her designee, for approval.

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

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

(e) Costs.

(1) Assessment of additional penalty for prostitution related offenses.  There shall be assessed as a penalty, in addition to those provided by law, against all defendants charged under § 11-34.1-1 et seq., who plead nolo contendere or guilty, or who are found guilty of the commission of those crimes as follows:

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

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

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

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

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

History of Section.
P.L. 1991, ch. 178, § 1; P.L. 1995, ch. 370, art. 40, § 137; P.L. 2010, ch. 239, § 21.