SECTION 1. Title 13 of the General Laws entitled "CRIMINALS — CORRECTIONAL INSTITUTIONS" is hereby amended by adding thereto the following chapter: 13-10.1-1. Commission on pardons established – Duties.
(a) There is hereby established a commission on pardons to administer the application process, consider applicants, and ultimately make recommendations to the governor regarding applicants seeking an executive pardon pursuant to Article IX, Section 13 of the Constitution of Rhode Island.
(b) A person shall only be considered for a pardon if:
(1) A person has completed their sentence and is ineligible for an expungement pursuant to the provisions of chapter 1.3 of title 12 ("expungement of criminal records");
(2) A person is eligible for expungement, has applied for expungement, and has been denied; or
(3) A person is on probation and is eligible for early termination of probation pursuant to Rule 35(c) of the Rhode Island superior court rules of criminal procedure.
(c) The commission shall be responsible for promulgating rules and regulations necessary for developing an application process for applicants seeking to request a pardon including, but not limited to:
(1) Establishing what documents and forms need to be submitted with an application in order to be considered for a pardon;
(2) Establishing a timeline for an applicant to receive a response; and
(3) Establishing criteria for determining a person’s eligibility for recommendation of a pardon by the commission.
(d) The commission shall submit to the governor the names of those individuals whom the commission determines should be considered for a pardon, and the governor shall have the authority to submit any of those recommended names, or any others, to the state senate for advice and consent. 13-10.1-2. Composition of commission.
(a) The commission on pardons shall consist of nine (9) members that shall be appointed for a two (2) year term. Members of the commission shall be as follows:
(1) An appointee from the judicial branch who shall be appointed the by chief justice of the Rhode Island supreme court;
(2) An appointee from the department of the attorney general who shall be appointed by the attorney general;
(3) An appointee from the office of the public defender who shall be appointed by the chief public defender;
(4) An appointee from the Rhode Island office of parole/probation who shall be appointed by the governor;
(5) An appointee from the nonviolence institute who shall be appointed by the director of the institute. The appointee shall be an active member of the institute;
(6) An appointee from the Economic Progress Institute who shall be appointed by the director of the institute. The appointee shall be an active member of the institute;
(7) An appointee from the reentry campus program who shall be appointed by the director of the program. The appointee shall be an active member of the program;
(8) An appointee from OpenDoors who shall be appointed by the director of the program. The appointee shall be an active member of the program;
(9) An appointee from the center for indigenous people’s rights who shall be appointed by the director of the center. The appointee shall be an active member of the center.
SECTION 2. This act shall take effect upon passage.