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H 7652Criminal Procedure

Criminal Procedure - Sentence and Execution

Mandates judges prioritize non-prison sentences for parents and caregivers unless they pose a significant community risk.

Held for study
Population
Affected
15
Email Legislator
Introduced Feb 11, 2026Committee House Judiciary

Plain-English Summary

This legislation requires judges to determine if a defendant is the parent of a minor child or a caregiver for an elderly, disabled, or terminally ill family member before sentencing. If the defendant is a caregiver, the judge must consider specific factors, such as the child's age and the caregiver's role in their life. The bill mandates that, unless the defendant poses a significant risk to the community, the court must impose a sentence like probation or home confinement that allows them to continue providing care, rather than sending them to prison.

For younger readers

When someone breaks the law, a judge decides their punishment. This new rule tells judges to look at whether the person takes care of children or sick family members. If the person is safe to be around, the judge should let them stay home instead of going to jail. This helps make sure that kids and sick relatives still have someone to take care of them. It is designed to keep families together when a parent gets in trouble but isn't dangerous to others.

Who & Where It Applies

Impacted groups
ParentsCaregivers of the elderly/disabledDependent childrenJudges and AttorneysDepartment of Corrections
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Reduces the trauma inflicted on children and families by preventing the separation of parents from their dependents, thereby interrupting the cycle of intergenerational incarceration.
  • Decreases reliance on mass incarceration for non-violent offenders, shifting the focus toward community-based rehabilitation and restorative justice practices.
  • Mitigates the economic instability that plagues low-income communities when a primary breadwinner or caregiver is removed from the household.
  • Could potentially create a two-tiered justice system where individuals without children or dependents receive harsher sentences than those with families, raising equity concerns.
  • May inadvertently pressure victims of domestic violence to advocate for their abuser's release to maintain childcare or financial support, potentially endangering the home environment.
  • The definition of "significant risk" is subjective, potentially allowing bias to persist in judicial decisions regarding which parents deserve leniency.
For Conservatives
  • Strengthens the traditional family unit by ensuring children are raised by their parents rather than the state or foster care system.
  • Reduces the burden on taxpayers by cutting the high costs associated with incarceration and state-funded foster care services.
  • Ensures that individuals remain personally responsible for the financial and physical care of their dependents, rather than shifting that responsibility to government welfare programs.
  • Undermines the rule of law by allowing criminals to use their children as a shield to avoid prison time, potentially creating a "get out of jail free" card.
  • Prioritizes the needs of the criminal's family over justice for the victim and the punitive aspects of the justice system.
  • Limits judicial discretion by mandating specific sentencing outcomes, preventing judges from handing down strict sentences they may feel are warranted.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 31 additions · 5 deletions

SECTION 1. Section 12-19-2 of the General Laws in Chapter 12-19 entitled "Sentence and Execution" is hereby amended to read as follows: 12-19-2. Selection of method and amount or term of punishment.

(a) Whenever it is provided that any offense shall be punished by a fine or imprisonment, the court imposing punishment may, in its discretion, select the kind of punishment to be imposed, and, if the punishment is fine or imprisonment, its amount or term within the limits prescribed by law; provided, if the punishment to be imposed is imprisonment, the sentence or sentences imposed shall be reduced by the number of days spent in confinement while awaiting trial and while awaiting sentencing; and provided, further, that in the case of a person sentenced to a life sentence, the time at which he or she shall become eligible to apply for parole shall be reduced by the number of days spent in confinement while awaiting trial and while awaiting sentencing; and any sentence or sentences in effect at present, including the provision as to a life sentence as described in this subsection may be reduced in like manner by the court which imposed the sentence upon application by the person serving the sentence to the court.

(b) The court upon the sentencing of a first-time offender, excluding capital offense and sex offense involving minors, may in appropriate cases sentence the person to a term of imprisonment, and allow the person to continue in his or her usual occupation or education and shall order the person to be confined in a minimum security facility at the A.C.I. during his or her nonworking or study hours.

(c) The court, in imposing a sentence upon any person, shall make a finding as to whether the defendant is the parent of a child or infant or caregiver of an elderly, disabled or terminally ill family member whose well-being will be negatively affected by the parent’s or caregiver’s absence, and if so, shall consider the following circumstances in assessing the appropriateness of any sentence imposed:

(1) That the parent is breastfeeding the child;

(2) The age of the child, with strong consideration given to avoiding disruption of the caregiving of an infant, pre-school or school-age child by the parent; or age of the 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 elderly, disabled or terminally ill family member;

(4) The relationship of the parent and child or caregiver and elderly, disabled, or terminally ill family member;

(5) Any special, medical, educational, or psychological needs of the child or elderly, disabled, or terminally ill family member; and

(6) The role of the parent or caregiver in the financial support of the child or elderly, disabled, or terminally ill family member.

(d) The court shall permit the defendant to present a family impact statement at sentencing which the court shall consider prior to imposing any sentence. The impact statement may include testimony from family and community members, written statements, videos and other documentation. Unless the court finds that the parent poses a significant risk to the community that outweighs the risk of harm to the defendant’s child by the parent's removal, or caregiver’s removal from the family, the court shall impose a sentence of probation, a suspended sentence or home confinement if determined necessary, which allows the parent or caregiver to continue to care for their child or children, or elderly, disabled, or terminally ill family member. (c)(e) The director of corrections or his or her designee may impose any conditions and restrictions upon the release of persons sentenced under this section that he or she deems necessary. (d)(f) The director of corrections may at any time, subject to the approval of the director, recall a prisoner from release status if he or she believes or has reason to believe the peace, safety, welfare, or security of the community may be endangered by the prisoner being under release status. Any prisoner recalled under this subsection shall be presented to the next regularly scheduled meeting of the classification board for its further consideration. (e)(g) A prisoner authorized to work at paid employment in the community under this section may be required to pay, and the director is authorized to collect, costs incident to the prisoner’s confinement as the director deems appropriate and reasonable. These collections shall be deposited with the treasurer as a part of the general revenue of the state. (f)(h) When a sentenced inmate’s parole release date or completion of sentence falls on a weekend or on a holiday, the department of corrections may release the inmate on the prior business day. (g)(i) When a sentenced inmate is scheduled to be released from the custody of the department of corrections to a community partner for residential treatment and/or to a facility to maintain stable living conditions, and the inmate’s release date or completion of sentence is incompatible with the capacity, staffing, or scheduling capabilities of the community partner facility, the department of corrections may release the inmate up to three (3) business days earlier than the scheduled release date, provided the inmate transitions directly from the department of corrections to the community partner facility.

SECTION 2. This act shall take effect upon passage.