AN ACT RELATING TO CRIMINAL PROCEDURE -- THE RHODE ISLAND FIRST STEP ACT (Establishes Rhode Island First Step program requiring DOC to assist offenders with reintegration into society, counseling, medical care, education, early sentence termination or pre-release confinement for elderly and terminally ill offenders.)

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2026 -- H 7134
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LC003772
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL PROCEDURE -- THE RHODE ISLAND FIRST STEP ACT

Introduced By:
Representatives J. Lombardi, Hull, Sanchez, Cruz, and Stewart

Date Introduced:
January 15, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Policy and findings.
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The general assembly finds and declares that sentence reductions for various inmates
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serving lengthy terms of imprisonment are appropriate and hereby enacts chapter 19.4 of title 12 in
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furtherance of that finding.
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SECTION 2. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is hereby
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amended by adding thereto the following chapter:
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CHAPTER 19.4
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THE RHODE ISLAND FIRST STEP ACT
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12-19.4-1. Short title.

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This chapter shall be known and may be cited as "The Rhode Island First Step Act".
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12-19.4-2. Definitions.

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As used in this chapter:
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(1) "Department" means the Rhode Island department of corrections.
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(2) "Eligible elderly inmate" means an inmate in the custody of the department:
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(i) Who is not less than sixty-five (65) years of age;
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(ii) Who has served at least two-thirds (2/3) of the term of imprisonment to which the
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inmate was sentenced and in the case of an inmate serving a life sentence, that has served at least
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the minimum term of years required before parole eligibility; and
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(iii) Who does not have a history of violence while incarcerated, has not attempted to

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escape or escaped during the inmate's term of imprisonment and who has not engaged in conduct
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which would place the individual at substantial risk of re-offending or endangering any person if
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released to pre-release confinement.
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(3) "Eligible terminally ill inmate" means an inmate in the custody of the department:
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(i) Who has been determined by a licensed physician approved by the department to be:
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(A) In need of care at a nursing home, intermediate care facility, or assisted living facility
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as those terms are defined in the National Housing Act § 232, (12 U.S.C. 1715w); or
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(B) Diagnosed with a terminal illness.
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(ii) Who has served at least two-thirds (2/3) of the term of imprisonment to which the
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inmate was sentenced and in the case of an inmate serving a life sentence, that has served at least
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the minimum term of years required before parole eligibility; and
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(iii) Who does not have a history of violence while incarcerated, has not attempted to
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escape or escaped during the inmate's term of imprisonment and who has not engaged in conduct
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which would place the individual at substantial risk of re-offending or endangering any person if
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released to pre-release confinement.
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(4) "Functional literacy" means an eighth-grade equivalence in reading and mathematics
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on a nationally recognized standardized test or functional competency or literacy on a nationally
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recognized criterion-referenced test.
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(5) "Prerelease custody" means and shall include home confinement, a residence in a
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community treatment center, restitution center, mental health facility, alcohol or drug rehabilitation
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center or other community facility or halfway house under the supervision of the department.
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(6) "Terminal illness" means a disease or condition with an end-of-life trajectory.
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12-19.4-3. Sentencing factors to be considered.

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The court, in determining whether to impose a term of imprisonment for any inmate
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convicted of a crime, shall consider the following:
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(1) The seriousness of the offense, the history and characteristics of the inmate, the need
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for rehabilitation, substance abuse treatment, mental health treatment, the need for educational or
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vocational training and the inmate's prior criminal history.
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(2) Notwithstanding the provisions of this chapter or the provisions of rules of criminal
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procedure for the superior court of Rhode Island, Rule 35, a judgment of conviction that includes
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such a sentence constitutes a final judgment for all other purposes.
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12-19.4-4. Dignity for female inmates.

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(a) The department shall not shackle any female inmate who is pregnant while incarcerated.
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This ban shall continue for a period of three (3) months after the ending of the pregnancy.

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(b) The department shall provide and make available to all female inmates sanitary napkins
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and tampons at no cost.
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12-19.4-5. Modification of an imposed term of imprisonment.

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(a) The court may modify a term of imprisonment, upon motion of the department or upon
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motion of the inmate if it finds that:
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(1) Extraordinary and compelling reasons warrant such a reduction; or
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(2) The inmate is at least sixty-five (65) years of age, has served at least two-thirds (2/3)
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of the sentence for the offense or offenses for which the inmate is currently imprisoned, and a
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determination has been made by the director that the inmate is not a danger to the safety of any
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other person or the community.
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(b) The court may modify an imposed term of imprisonment to the extent otherwise
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expressly permitted by statute or by the rules of criminal procedure for the superior court of Rhode
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Island, Rule 35.
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(c) In the case of an inmate who has been sentenced to a term of imprisonment based on a
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sentencing provision that has subsequently been reduced, the court may reduce the term of
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imprisonment, after considering the factors set forth in this section.
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12-19.4-6. Notification requirements- Modification based on terminal illness.

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Notification. The department shall, subject to any applicable confidentiality requirement,
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in the case of an inmate diagnosed with a terminal illness:
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(1) Not later than seventy-two (72) hours after the diagnosis, notify the inmate's attorney,
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family members, or health care designee of the inmate's condition and advise them that they may
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prepare a request for sentence reduction on the inmate's behalf;
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(2) Not later than seven (7) days after the date of the diagnosis, provide the inmate's
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attorney, family members, or health care designee an opportunity to visit the inmate in person,
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regardless of whether the inmate is being housed in a prison facility or hospital;
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(3) Upon request from the inmate, family member or health care designee, ensure that the
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department personnel assist the inmate, if not represented by counsel, in the preparation, drafting
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and submission of a motion for sentence reduction, or assist them in preparing a request that counsel
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be appointed to represent the inmate if the inmate otherwise qualifies for the services of the public
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defender or court appointed counsel;
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(4) Not later than fourteen (14) days of receipt of a request for a sentence reduction, process
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said request; and
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(5) Ensure that all department facilities regularly and visibly post, including in inmate
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handbooks, staff training manuals and materials, facility law libraries and medical and hospice

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facilities, and make available to inmates upon demand, notice of:
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(i) An inmate's ability to request a sentence reduction pursuant to this chapter;
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(ii) The procedures and timelines for initiation and resolving requests for sentence
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reductions; and
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(iii) The right to reapply to the parole board sixty (60) days after denial of application
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pursuant to § 13-8.1-4.
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12-19.4-7. Release of an inmate.

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(a) An inmate shall be released by the department on the date of the expiration of the
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inmate's term of imprisonment, less any time credited toward the service of the inmate's sentence
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as provided in subsection (b) of this section. If the date for an inmate's release falls on a Saturday,
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Sunday, or legal holiday, the inmate shall be released by the department on the last preceding
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weekday.
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(b) An inmate who is serving a term of imprisonment of more than one year, other than a
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term of imprisonment for the duration of the inmate's life, may receive credit toward the service of
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the inmate's sentence, beyond the time served, of up to one-hundred twenty (120) days at the end
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of each year of the inmate's term of imprisonment, beginning at the end of the first year of the term,
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subject to determination by the department that, during that year, the inmate has displayed
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exemplary compliance with institutional disciplinary regulations. In the case of an inmate serving
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a life sentence, the inmate may receive credit toward their parole eligibility date of up to seventy-
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five (75) days at the end of each year. No inmate shall receive credit toward the service of their
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sentence if the department determines that, during that year, the inmate has not satisfactorily
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complied with the institutional regulations, or has incurred disciplinary infractions in violation of
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any institutional regulation. Provided, however, the department may award the inmate such lesser
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credit as the department determines to be appropriate after considering the nature and frequency of
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the violations. The department shall also consider whether the inmate, during the relevant period,
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has earned, or is making satisfactory progress toward earning, a high school or college diploma or
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equivalent degree or has worked in prison industries, in any form of employment, during the period
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of their incarceration.
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(c) The department shall ensure that it has in effect an optional general educational
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development (GED) program for inmates who have not earned a high school diploma or its
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equivalent.
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(d) The department shall ensure that an inmate serving a term of imprisonment spends a
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portion of the final months of that term, but in no event not more than twelve (12) months, in pre-
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release custody, under conditions that will afford that inmate a reasonable opportunity to adjust to

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and prepare for the reentry of that inmate into the community.
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(e) The authority under this chapter may be used to place an inmate in pre-release custody
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for a term of ten percent (10%) of the remaining term of imprisonment of that inmate or six (6)
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months, whichever is longer. The department shall place inmates with lower risk levels and lower
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needs on home confinement for the maximum amount of time permitted under this subsection.
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Those inmates who are not considered to be low risk levels or those not with lower needs shall also
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be considered for pre-release custody; provided that, the term in pre-release custody shall not
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exceed five percent (5%) of the remaining term of imprisonment of that inmate or four (4) months,
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whichever is longer.
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(f) The division of parole and probation shall, to the extent practicable, offer assistance
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with job placement, counseling services and medical services to an inmate during pre-release
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custody pursuant to subsection (e) of this section.
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(g) The department shall promulgate rules and regulations to implement the provisions of
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this chapter pursuant to this section not later than ninety (90) days after the effective date of this
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chapter, which shall ensure that placement in pre-release custody in a community is:
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(1) Conducted in a manner consistent with this section;
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(2) Determined on an individual basis; and
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(3) Of sufficient duration to provide the greatest likelihood of successful reintegration into
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the community.
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12-19.4-8. Allotment of clothing, funds and transportation.

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Upon the release of an inmate on the expiration of the inmate's term of imprisonment, the
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department shall furnish the inmate with:
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(1) Suitable clothing;
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(2) If the inmate is considered indigent, an amount of money, not more than five hundred
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dollars ($500), determined by the department to be consistent with the needs of the inmate and the
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public interest; and
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(3) Transportation to the inmate's bona fide residence within the state; provided, however,
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that no transportation shall be provided to a place outside of this state if the inmate is a Rhode
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Island resident or if the inmate has not obtained approval from the department to transfer inmate's
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probation/parole to another state.
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12-19.4-9. Mandatory functional literacy requirement.

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(a) The department shall have in effect a mandatory functional literacy program for all
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mentally capable inmates who are not functionally literate in each correctional institution within
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six (6) months from the effective date of this chapter.

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(b) Each mandatory functional literacy program shall include a requirement that each
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inmate participate in such program for a mandatory period sufficient to provide the inmate with an
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adequate opportunity to achieve functional literacy, and appropriate incentives which lead to
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successful completion of such programs shall be developed and implemented.
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(c) Non-English speaking inmates shall be required to participate in an English-as-a-second
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language program until they function at an eighth grade equivalence on a nationally recognized
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educational achievement test, or until the expiration of their sentence, whichever comes first.
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12-19.4-10. Release from confinement.

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(a) The department shall establish pre-release planning procedures that help inmates
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acclimate back into society. The planning procedures shall include providing inmates with
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information in the areas of education, vocational training, employment opportunities, the
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availability of medical care, mental health and substance abuse counseling and community
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resources that would otherwise assist them upon their release.
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(b) The department shall inform a person who is released from prison and required to
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register under the sexual offender registration and community notification requirements of chapter
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37.1 of title 11 as they apply to that person.
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(c) The department shall assist inmates, prior to release from a term of imprisonment, in
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obtaining a social security card, driver's license or other official photo identification, and a birth
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certificate.
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(d) The department, the state and its agencies, officers, and employees shall be immune
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from liability based on good faith conduct in carrying out the provisions of this section.
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12-19.4-11. Recidivism prevention.

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(a) In order to prevent recidivism, increase public safety, rebuild ties between inmates and
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their families and to encourage the development of and expand the availability of the evidence
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based programs such as substance abuse treatment, the department, through its division of probation
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and parole, shall provide sufficient transitional services for up to one year to include education,
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vocational training, employment opportunities, the availability of medical care, mental health and
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substance abuse counseling and community resources that would otherwise assist them upon their
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release.
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(b) In order to achieve these goals, the department shall:
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(1) Assess each inmate's skill level, including academic, vocational, health, cognitive,
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interpersonal, daily living, and related reentry skills, at the beginning of the term of imprisonment
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of that inmate to identify any areas in need of improvement prior to reentry;
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(2) Generate a skills development plan for each inmate to monitor skills enhancement and

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reentry readiness throughout incarceration;
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(3) Ensure that priority is provided to the reentry needs of high-risk populations, such as
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sex offenders, career criminals, and inmates with mental health problems;
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(4) Coordinate and collaborate with other agencies including the department of health and
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criminal justice community-based organizations, and faith-based organizations to assist in
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effectuating a seamless reintegration of inmates into communities;
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(5) Collect information regarding an inmate's family relationships, parental
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responsibilities, and contacts with children to assist inmates maintain important familial
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relationships and support systems during incarceration and after release from custody; and
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(6) Provide incentives, as the department deems appropriate, for inmate participation in
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skills development programs.
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12-19.4-12. Elderly and terminally ill inmates.

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(a) The department shall establish a program to determine the effectiveness of removing
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eligible elderly inmates and eligible terminally ill inmates from a prison facility and placing such
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inmates in pre-release custody until the expiration of the prison term to which the inmate was
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sentenced.
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(b) In carrying out the program as described in this section, the department may release
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some or all eligible elderly inmates and eligible terminally ill inmates from a prison facility to pre-
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release custody.
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(c) A violation by an eligible elderly inmate or eligible terminally ill inmate of the terms
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of pre-release custody, or the commission of another offense while in pre-release custody, shall
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result in the return of that inmate to the designated institution in which that inmate was imprisoned
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immediately before placement in pre-release custody or to another appropriate institution, as
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determined by the department.
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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- THE RHODE ISLAND FIRST STEP ACT
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This act would establish the Rhode Island first step program requiring the department of
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corrections to assist inmates with reintegration into society, provide them with counseling, medical
3
care, and education and provide for modification of imprisonment or relocation to pre-release
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confinement for elderly and terminally ill inmates.
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This act would take effect upon passage.
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LC003772
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