RI 2026 S2731: Related to Criminal Procedure - Sentencing Reconsideration Act

Plain-English Summary

This legislation creates the "Sentencing Reconsideration Act," establishing a process for incarcerated individuals to petition the Superior Court for a reduction in their sentence. To be eligible, a defendant must have served at least 10 years and cannot be serving a sentence of life without parole or a mandatory sentence. The court evaluates motions based on rehabilitation, changes in law, sentencing disparities, and compassionate factors like age or health. The process requires a hearing where victims may speak. If denied, the applicant must wait five years before reapplying. The bill applies retroactively.

For younger readers

This new rule helps people who have been in prison for a long time. If a person has been in jail for at least 10 years and can show they have become a better person, they can ask a judge to shorten their time there. The judge looks at things like if the person went to classes in prison or if they are very old or sick. The judge also listens to the people who were hurt by the crime. If the judge agrees, the person might get to go home sooner.

Who & Where It Applies

Impacted groups

Incarcerated individualsCrime victimsJudges and court staffDepartment of Corrections staffCriminal defense attorneys

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Promotes restorative justice by recognizing that people can change and providing a concrete legal pathway for release based on demonstrated rehabilitation and personal growth.
Addresses systemic inequities and mass incarceration by allowing courts to revisit sentences that may be outdated or disparate compared to modern standards and laws.
Offers a compassionate release mechanism for aging or infirm inmates, acknowledging that keeping elderly individuals incarcerated often provides little public safety benefit.
Explicitly excludes individuals serving life without parole, leaving those with the most severe sentences—who are often from marginalized communities—without any hope for redemption.
Denies relief to those serving "mandatory sentences," which preserves rigid sentencing structures that progressives often view as unjust and discriminatory.
Relies heavily on judicial discretion and the high standard of "clear and convincing evidence," which could lead to inconsistent outcomes and potential bias against indigent or minority defendants.

For Conservatives

Potentially reduces the significant burden on taxpayers by releasing elderly or rehabilitated inmates, who are often the most expensive to house and provide medical care for in the prison system.
Codifies strong protections for victims' rights, ensuring they are notified and have a guaranteed opportunity to testify regarding the impact of the crime before any sentence is changed.
Sets a high bar for eligibility, requiring at least 10 years served and "clear and convincing evidence" of rehabilitation, ensuring that release is not automatic or easy to obtain.
Undermines the rule of law and the finality of court judgments by allowing judges to second-guess and alter valid sentences imposed years or decades earlier.
Jeopardizes public safety by creating a mechanism to release convicted criminals back into the community earlier than the time prescribed by the sentencing judge.
Risks re-traumatizing victims and their families by forcing them to participate in new hearings and relive the events of the crime long after they believed the case was closed.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 80 additions

SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is hereby amended by adding thereto the following chapter: 12-19.4-1. Short title. This chapter shall be known and may be cited as “The Sentencing Reconsideration Act.” 12-19.4-2. Purpose and intent. This chapter aims to create a fair and just process for sentence reconsideration based on demonstrated rehabilitation, changes in law, and other compelling factors. It allows eligible individuals to request sentence reductions and provides guidance to the judiciary for evaluating sentencing reconsideration motions. This chapter acknowledges that people change over time and provides a mechanism for sentences to be revisited in cases where original sentencing goals are satisfied or where new circumstances justify a reevaluation. 12-19.4-3. Eligibility for sentencing reconsideration.

(a) With regard to eligibility criteria, a defendant shall have served at least ten (10) years of their sentence of incarceration to apply for a sentencing reconsideration.

(b) With regard to exclusions, relief under this chapter shall not apply to:

(1) Sentences of life without parole; or

(2) Mandatory sentences of incarceration. 12-19.4-4. Grounds for reconsideration. The court may consider the following factors when evaluating a motion for reconsideration:

(1) Rehabilitative efforts:

(i) Documented evidence of rehabilitation, including educational achievements, vocational training, participation in treatment programs, and positive contributions to the facility or community;

(ii) Testimonials from prison staff, community members, or professionals detailing the individual’s progress and personal growth; and

(iii) Efforts to address underlying causes of criminal behavior including, but not limited to, substance use, mental health, and childhood trauma.

(2) Changes in law: Any amendments to federal or state laws that would have affected the individual’s sentence if applied retroactively. In such cases, judicial discretion shall be used to evaluate whether legislative intent suggests a reduction in penalties or reconsideration.

(3) Sentencing disparities: Consideration of whether sentencing disparities among co- defendants or other cases might justify a reduction.

(4) Compassionate considerations: Age at the time of the offense, age at the time of the motion for sentence reconsideration, mental and physical health conditions, and any other factor consistent with the purpose and intent of this chapter that the court determines to be appropriate. 12-19.4-5. Process and procedure.

(a) The defendant or their legal representative may file a motion for sentence reconsideration, along with supporting documentation. The motion should include a statement detailing rehabilitative efforts, certificates, evidence of changes in law, and any additional factors for consideration.

(b) The court shall hold a meaningful hearing to evaluate the motion. During this hearing, the individual, their legal counsel, the prosecution, and any relevant witnesses may present evidence, testimony, and/or arguments. An applicant who is indigent shall be entitled to be represented by court appointed counsel. Such indigent applicant is entitled, to the extent deemed appropriate by the court, to be provided with stenographic, printing, and other costs necessary to proceed under this chapter.

(1) Whether the defendant is eligible for consideration;

(2) Whether the grounds for reconsideration outlined in § 12-19.4-4, along with other factors establish significant evidence in support of a reduced sentence;

(3) The impact statement, if any, of any victim(s);

(4) The nature and circumstances of the underlying offense; and

(5) Any potential risk to public safety if the defendant’s sentence were to be reduced.

(d) After hearing thereon, notwithstanding any other provision of law to the contrary, the court may reduce the defendant’s sentence if it finds, by clear and convincing evidence, that grounds exist to warrant a sentence modification. The court may impose a revised term of probation or suspended sentence, with or without conditions. The revised sentence shall not exceed the unserved portion of the original term of imprisonment. The court shall set forth its findings in support of the decision. A judgment reflecting the revised sentence and/or conditions of release shall enter.

(e) Should the defendant’s motion be denied, in whole or in part, the defendant may not file a successive motion for reconsideration until at least five (5) years have elapsed after the date the motion was denied in the superior court.

(f) An aggrieved party seeking review of a final judgment entered in a proceeding brought under this chapter shall do so by filing a petition for writ of certiorari in accordance with the supreme court rules of appellate procedure within sixty (60) days of the entry of the final judgment. 12-19.4-6. Victim’s rights. Consistent with Article 1, Section 23 of the Constitution of Rhode Island and chapter 28 of title 12, the rights of the victim of the defendant’s crime shall include the following:

(1) To be given notice to address the court at the hearing regarding the impact of the crime upon them;

(2) To be afforded the opportunity to make a statement at the hearing either in person or in writing regarding the impact of the defendant’s criminal conduct; and

(3) To be notified by the department of attorney general of any such disposition of the motion. 12-19.4-7. Severability. If any section or provision of this chapter is found to be invalid or unconstitutional, the remaining sections or provisions shall continue in full force and effect.

SECTION 2. Section 8-2-17 of the General Laws in Chapter 8-2 entitled "Superior Court" is hereby amended to read as follows: 8-2-17. Jurisdiction of appeals, statutory proceedings, and probate matters. The superior court shall have jurisdiction of such appeals and statutory proceedings as may be provided by law, and may exercise general probate jurisdiction in all cases brought before it on appeal from probate courts, or when such jurisdiction is properly involved in suits in equity as well as jurisdiction regarding motions brought pursuant to chapter 19.4 of title 12.

SECTION 3. This act shall take effect upon passage and shall have both retroactive and prospective application. Any applicable sentences imposed before or after its effective date shall be eligible for consideration by the court.