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S 2162Criminal Procedure

Criminal Procedure - Sentence and Execution

This bill safeguards children by allowing judges to sentence parents to probation or home confinement instead of prison.

Held for study
Population
Affected
15
Email Legislator
Introduced Jan 16, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends Rhode Island sentencing laws to prioritize the well-being of children whose parents are facing criminal sentencing. It requires judges to determine if a defendant is a parent and if their incarceration would negatively affect their child. If so, the judge must consider factors like the child's age and the parent's role as a caregiver. Unless the parent poses a significant safety risk to the community, the court is mandated to impose alternatives to prison, such as probation or home confinement, allowing the parent to continue caring for their child.

For younger readers

This new rule helps make sure kids can stay with their moms or dads, even if the parent gets in trouble with the law. When a judge has to decide a punishment for a parent, they must check if sending the parent away would hurt their child. If the parent isn't dangerous to other people, the judge is told to let them stay home or follow special rules instead of going to jail. This helps ensure that children still have their parents around to feed them, take them to school, and love them.

Who & Where It Applies

Impacted groups
Parents facing criminal sentencingChildren of defendantsJudges and Court MagistratesDepartment of CorrectionsDepartment of Children, Youth and Families (DCYF)
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Reduces the trauma of family separation and the placement of children into the foster care system, directly addressing Adverse Childhood Experiences (ACEs) which are linked to future social and health issues.
  • Promotes restorative justice and decarceration by prioritizing community-based supervision over imprisonment for non-dangerous offenders, helping to break cycles of poverty and incarceration.
  • Acknowledges and supports the crucial role of primary caregivers, particularly benefiting low-income families and communities of color who are disproportionately impacted by mass incarceration.
  • The phrase "significant risk to the community" remains subjective, potentially allowing judges to apply the law inconsistently or with implicit bias against marginalized groups.
  • Does not explicitly allocate funding for the support services, rehabilitation programs, or home confinement technology necessary to ensure the success of parents diverted from prison.
  • While it helps parents, it may create a perceived inequity where individuals without children receive harsher sentences for identical crimes, rather than advocating for reduced incarceration for all non-violent offenders.
For Conservatives
  • Strengthens the traditional family unit by ensuring children are raised by their biological parents rather than the state, aligning with values of parental responsibility.
  • Potentially reduces the tax burden associated with expensive incarceration costs and state-funded foster care services by keeping parents in the workforce and at home.
  • Encourages personal responsibility by allowing the parent to continue providing financial support and medical care for their dependents rather than relying on government welfare.
  • Undermines the rule of law and the concept of equal justice by mandating lighter sentences based on family status rather than the severity of the crime committed.
  • Could be exploited by criminals who might view having children as a shield against incarceration, potentially weakening the deterrent effect of criminal penalties.
  • Restricts judicial discretion by mandating probation or home confinement, potentially forcing judges to release individuals they believe should be incarcerated for punitive reasons.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 24 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)(1) 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 whose well-being will be negatively affected by the parent’s absence, and if so, shall consider the following circumstances in assessing the appropriateness of any sentence imposed:

(i) That the parent is breastfeeding the child;

(ii) 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;

(iii) The role of the parent in the day-to-day educational and medical needs of the child;

(iv) The relationship of the parent and child;

(v) Any special, medical, educational, or psychological needs of the child; and

(vi) The role of the parent in the financial support of the child.

(2) 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 from the family, the court shall impose a sentence of probation, a suspended sentence or home confinement if determined necessary, which allows the parent to continue to care for their child or children. (c)(d) 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)(e) 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)(f) 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)(g) 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)(h) 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.