S 2288Police & Prisons

State Affairs and Government - Corrections Department

This bill prevents individuals convicted of DUI resulting in death from earning time off their probation sentence for good behavior.

Held for study

Population
Affected

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Introduced Jan 23, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends the Rhode Island laws governing the Department of Corrections regarding earned time for good behavior. Specifically, it modifies the eligibility requirements for earning time off a probation sentence. Currently, individuals on probation can reduce their sentence by complying with terms and conditions. However, this bill adds the crime of "driving under the influence of liquor or drugs, resulting in death" to the list of offenses excluded from this benefit. Consequently, individuals convicted of this specific crime will no longer be eligible to shorten their probation term through good behavior.

For younger readers

When people break the law, they are sometimes put on "probation," which means they have to follow specific rules and meet with an officer instead of going to jail. Usually, if a person follows all the rules perfectly, they can finish their probation early. This bill changes the rules for drivers who caused a crash that killed someone because they were drunk on alcohol or drugs. Under this new law, those drivers will not be allowed to finish probation early, even if they behave well. They must serve the full time the judge gave them.

Who & Where It Applies

Impacted groups

Individuals convicted of DUI resulting in deathVictims of DUI offenses and their familiesDepartment of Corrections probation officersCriminal defense attorneysJudges and court magistrates

Impacted communities

All

Constitutional & Fiscal Check

Moderate risk

Low to Moderate. The bill applies to individuals sentenced prior to enactment, though it specifies credit awards are prospective. Removing statutory eligibility for early termination of probation for those already sentenced could be challenged as an Ex Post Facto violation (increasing punishment retroactively), though courts often view "good time" credits as a privilege rather than a vested right. There are no significant free speech or search and seizure issues.

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Ensures that the justice system prioritizes the gravity of loss of life by holding offenders accountable for the full duration of their sentences, acknowledging the permanent impact on victims and their families.
Aligns the treatment of vehicular homicide resulting from intoxication with other serious felonies, reducing disparities in how the system treats different forms of lethal negligence or violence.
Prioritizes community welfare by maintaining state supervision over individuals who have demonstrated a capacity for dangerous behavior that endangers public safety.
Removes a significant incentive for rehabilitation and positive behavioral change, potentially discouraging offenders from actively working toward reintegration.
Extends the reach of the carceral state by keeping individuals under government surveillance and control for longer periods, even if they have demonstrated they are no longer a threat.
Applies a punitive approach rather than a restorative one, denying individuals who may have genuinely reformed the opportunity to move past their criminal record sooner.

For Conservatives

Strengthens law and order by ensuring that individuals convicted of causing death through criminal negligence serve their full sentence without administrative loopholes for early release.
Promotes personal responsibility and accountability by mandating that the consequences of fatal actions are not diminished by "good behavior" credits.
Enhances public safety by keeping offenders who have committed fatal DUIs under the supervision of the legal system for the maximum time ordered by the court.
Increases the financial burden on taxpayers by requiring the state to fund the administration and supervision of probationers for longer periods of time.
Reduces the discretion of the judicial system and corrections officials to manage caseloads based on the actual risk and behavior of the individual.
Expands government oversight into the lives of citizens for a longer duration, potentially infringing on the liberty of those who have already served their prison time and followed the rules.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 3 additions · 1 deletion

SECTION 1. Section 42-56-24 of the General Laws in Chapter 42-56 entitled "Corrections Department" is hereby amended to read as follows: 42-56-24. Earned time for good behavior or program participation or completion.

(a) A person serving a sentence of a violation of § 11-5-1 (where the specified felony is murder), § 11-23-1, § 11-26-1.4, § 11-37-2, § 11-37-8.1, or § 11-37-8.3 shall not be eligible to earn time off their term or terms of incarceration for good behavior.

(b) The director, or the director’s designee, shall keep a record of the conduct of each prisoner, and for each month that a prisoner who has been sentenced to imprisonment for six (6) months or more and not under sentence to imprisonment for life, appears by the record to have faithfully observed all the rules and requirements of the institutions and not to have been subjected to discipline, and is serving a sentence imposed for violation of sexual offenses under § 11-37-4, § 11-37-6, § 11-37-8, or § 11-9-1.3 there shall, with the consent of the director of the department of corrections, or the director’s designee, upon recommendation to him or her by the assistant director of institutions/operations, be deducted from the term or terms of sentence of that prisoner the same number of days that there are years in the term of his or her sentence; provided, that when the sentence is for a longer term than ten (10) years, only ten (10) days shall be deducted for one month’s good behavior; and provided, further, that in the case of sentences of at least six (6) months and less than one year, one day per month shall be deducted. For the purposes of this subsection computing the number of days to be deducted for good behavior, consecutive sentences shall be counted as a whole sentence. This subsection recognizes the serious nature of sex offenses; promotes community safety and protection of the public; and maintains the ability of the department of corrections to oversee the rehabilitation and supervision of sex offenders.

(c) For all prisoners serving sentences of more than one month, and not serving a sentence of imprisonment for life or a sentence imposed for a violation of the offenses identified in subsection (a) or (b) of this section the director, or the director’s designee, shall keep a record of the conduct of each prisoner, and for each month that prisoner has faithfully observed all the rules and requirements of the institutions and has not been subjected to discipline, there shall, with the consent of the director of the department of corrections or the director’s designee and upon recommendation by the assistant director of institutions/operations, be deducted from the term or terms of sentence of that prisoner ten (10) days for each month’s good behavior.

(d) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct, as determined by the assistant director, institutions/operations, subject to the authority of the director, there shall be deducted one day from the time he or she shall have gained for good conduct.

(e) The assistant director, or the assistant director’s designee, subject to the authority of the director, shall have the power to restore lost good conduct time in whole or in part upon a showing by the prisoner of subsequent good behavior and disposition to reform.

(f) For each month that a prisoner who has been sentenced to imprisonment for more than one month and not under sentence to imprisonment for life has faithfully engaged in institutional industries there shall, with the consent of the director, upon the recommendation to the director by the assistant director, institutions/operations, be deducted from the term or terms of the prisoner an additional two (2) to five (5) days a month.

(g) Except those prisoners serving a sentence imposed for violation of subsection (a) or (b) of this section, for each month that a prisoner who has been sentenced to imprisonment for more than one month and not under sentence to imprisonment for life has participated faithfully in programs that have been determined by the director or the director’s designee to address that prisoner’s individual needs that are related to his/her criminal behavior, there may, with the consent of the director and upon the recommendation of the assistant director, rehabilitative services, be deducted from the term or terms of the prisoner up to an additional five (5) days a month. Furthermore, whenever the prisoner has successfully completed such program, there may; with the consent of the director and upon the recommendation by the assistant director, rehabilitative services, be deducted from the term or terms of the prisoner up to an additional thirty (30) days. (h)(1) A person who is serving a term or terms of a probation sentence of one year or longer, including a person who has served a term of incarceration followed by a probation sentence, except those serving a term of probation for a sentence in violation of § 11-5-1 (where the specified felony is murder or sexual assault), § 11-23-1, § 11-26-1.4, § 11-37-2, § 11-37-8.1, or § 11-37-8.3, or § 31-27-2.2 shall upon serving three years of their probation sentence be eligible to earn time off their term or terms of the probation sentence for compliance with court-ordered terms and conditions of probation. Calculation of these credits shall commence upon the probationer’s completion of all terms of incarceration.

(2) The director, or the director’s designee, shall keep a record of the conduct of each probationer. For each month that the probationer has not had a judicial finding of a violation of conditions of probation, there shall, with the consent of the director of the department of corrections, or designee, upon recommendation of the assistant director of institutions/operations, or designee, be deducted from the term or terms of the probationer’s sentence ten (10) days for each month’s compliance with the terms and conditions of his or her probation.

(3) For each month that a violation of probation is pending the probationer shall not be eligible to earn probation compliance credits. In the event there is a judicial determination that the probationer did not violate his or her terms and conditions of probation, credit will be awarded retroactive to the date of the filing of the probation violation. In the event there is a judicial determination that the probationer did violate his or her terms and conditions of probation, the probationer shall not be awarded compliance credits for the time during which the violation was pending, and further, the court may order revocation of prior earned compliance credits.

(4) The probation department of the department of corrections shall keep a record of the probationer’s sentence to include the person’s end of sentence date based on earned credits for compliance with their terms and conditions of probation.

(5) This section shall apply to all individuals sentenced to probation, including those sentenced prior to enactment of the statute. However, the award of probation compliance credits shall be prospective only from the date of enactment of the statute.

SECTION 2. This act shall take effect upon passage.