AN ACT RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION (Requires sentencing court to consider whether defendant is parent of child, or caregiver of elderly, disabled or terminally ill person whose well-being would be adversely affected by the person's incarceration and if so, shall impose a non-jail sentence.)

H7652

2026 -- H 7652
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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 -- SENTENCE AND EXECUTION

Introduced By:
Representatives Cruz, Felix, Batista, Potter, Stewart, Morales, Kislak,
Furtado, Sanchez, and Tanzi

Date Introduced:
February 11, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 12-19-2 of the General Laws in Chapter 12-19 entitled "Sentence and
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Execution" is hereby amended to read as follows:
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12-19-2. Selection of method and amount or term of punishment.
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(a) Whenever it is provided that any offense shall be punished by a fine or imprisonment,
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the court imposing punishment may, in its discretion, select the kind of punishment to be imposed,
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and, if the punishment is fine or imprisonment, its amount or term within the limits prescribed by
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law; provided, if the punishment to be imposed is imprisonment, the sentence or sentences imposed
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shall be reduced by the number of days spent in confinement while awaiting trial and while awaiting
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sentencing; and provided, further, that in the case of a person sentenced to a life sentence, the time
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at which he or she shall become eligible to apply for parole shall be reduced by the number of days
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spent in confinement while awaiting trial and while awaiting sentencing; and any sentence or
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sentences in effect at present, including the provision as to a life sentence as described in this
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subsection may be reduced in like manner by the court which imposed the sentence upon
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application by the person serving the sentence to the court.
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(b) The court upon the sentencing of a first-time offender, excluding capital offense and
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sex offense involving minors, may in appropriate cases sentence the person to a term of
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imprisonment, and allow the person to continue in his or her usual occupation or education and
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shall order the person to be confined in a minimum security facility at the A.C.I. during his or her
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nonworking or study hours.

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(c) The court, in imposing a sentence upon any person, shall make a finding as to whether
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the defendant is the parent of a child or infant or caregiver of an elderly, disabled or terminally ill
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family member whose well-being will be negatively affected by the parent’s or caregiver’s absence,
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and if so, shall consider the following circumstances in assessing the appropriateness of any
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sentence imposed:
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(1) That the parent is breastfeeding the child;
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(2) The age of the child, with strong consideration given to avoiding disruption of the
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caregiving of an infant, pre-school or school-age child by the parent; or age of the elderly, disabled
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or terminally ill family member;
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(3) The role of the parent or caregiver in the day-to-day educational and medical needs of
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the child or elderly, disabled or terminally ill family member;
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(4) The relationship of the parent and child or caregiver and elderly, disabled, or terminally
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ill family member;
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(5) Any special, medical, educational, or psychological needs of the child or elderly,
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disabled, or terminally ill family member; and
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(6) The role of the parent or caregiver in the financial support of the child or elderly,
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disabled, or terminally ill family member.
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(d) The court shall permit the defendant to present a family impact statement at sentencing
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which the court shall consider prior to imposing any sentence. The impact statement may include
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testimony from family and community members, written statements, videos and other
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documentation. Unless the court finds that the parent poses a significant risk to the community that
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outweighs the risk of harm to the defendant’s child by the parent's removal, or caregiver’s removal
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from the family, the court shall impose a sentence of probation, a suspended sentence or home
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confinement if determined necessary, which allows the parent or caregiver to continue to care for
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their child or children, or elderly, disabled, or terminally ill family member.
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(c)
(e)
The director of corrections or his or her designee may impose any conditions and
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restrictions upon the release of persons sentenced under this section that he or she deems necessary.
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(d)
(f)
The director of corrections may at any time, subject to the approval of the director,
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recall a prisoner from release status if he or she believes or has reason to believe the peace, safety,
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welfare, or security of the community may be endangered by the prisoner being under release status.
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Any prisoner recalled under this subsection shall be presented to the next regularly scheduled
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meeting of the classification board for its further consideration.
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(e)
(g)
A prisoner authorized to work at paid employment in the community under this
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section may be required to pay, and the director is authorized to collect, costs incident to the

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prisoner’s confinement as the director deems appropriate and reasonable. These collections shall
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be deposited with the treasurer as a part of the general revenue of the state.
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(f)
(h)
When a sentenced inmate’s parole release date or completion of sentence falls on a
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weekend or on a holiday, the department of corrections may release the inmate on the prior business
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day.
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(g)
(i)
When a sentenced inmate is scheduled to be released from the custody of the
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department of corrections to a community partner for residential treatment and/or to a facility to
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maintain stable living conditions, and the inmate’s release date or completion of sentence is
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incompatible with the capacity, staffing, or scheduling capabilities of the community partner
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facility, the department of corrections may release the inmate up to three (3) business days earlier
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than the scheduled release date, provided the inmate transitions directly from the department of
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corrections to the community partner facility.
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SECTION 2. 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 -- SENTENCE AND EXECUTION
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This act would require a sentencing court to consider whether the defendant is the parent
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of a child, or infant or caregiver of an elderly disabled or terminally ill family member whose
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wellbeing would be adversely affected by the person’s incarceration and if so, shall impose a
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sentence of probation, a suspended sentence or home confinement unless that defendant poses a
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significant risk of danger to the community that outweighs the effects on the child or parent for
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whom they care.
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This act would take effect upon passage.
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