AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT (Prohibits defendants who are serving probation for driving under the influence death resulting from earning good time off their probationary period.)

S2288

2026 -- S 2288
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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 STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT

Introduced By:
Senators Raptakis, Appollonio, Burke, Famiglietti, Tikoian, Thompson,
Britto, McKenney, Paolino, and Ciccone

Date Introduced:
January 23, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 42-56-24 of the General Laws in Chapter 42-56 entitled "Corrections
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Department" is hereby amended to read as follows:
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42-56-24. Earned time for good behavior or program participation or completion.
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(a) A person serving a sentence of a violation of § 11-5-1 (where the specified felony is
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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
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time off their term or terms of incarceration for good behavior.
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(b) The director, or the director’s designee, shall keep a record of the conduct of each
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prisoner, and for each month that a prisoner who has been sentenced to imprisonment for six (6)
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months or more and not under sentence to imprisonment for life, appears by the record to have
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faithfully observed all the rules and requirements of the institutions and not to have been subjected
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to discipline, and is serving a sentence imposed for violation of sexual offenses under § 11-37-4, §
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11-37-6, § 11-37-8, or § 11-9-1.3 there shall, with the consent of the director of the department of
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corrections, or the director’s designee, upon recommendation to him or her by the assistant director
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of institutions/operations, be deducted from the term or terms of sentence of that prisoner the same
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number of days that there are years in the term of his or her sentence; provided, that when the
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sentence is for a longer term than ten (10) years, only ten (10) days shall be deducted for one
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month’s good behavior; and provided, further, that in the case of sentences of at least six (6) months
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and less than one year, one day per month shall be deducted.
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For the purposes of this subsection computing the number of days to be deducted for good

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behavior, consecutive sentences shall be counted as a whole sentence. This subsection recognizes
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the serious nature of sex offenses; promotes community safety and protection of the public; and
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maintains the ability of the department of corrections to oversee the rehabilitation and supervision
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of sex offenders.
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(c) For all prisoners serving sentences of more than one month, and not serving a sentence
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of imprisonment for life or a sentence imposed for a violation of the offenses identified in
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subsection (a) or (b) of this section the director, or the director’s designee, shall keep a record of
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the conduct of each prisoner, and for each month that prisoner has faithfully observed all the rules
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and requirements of the institutions and has not been subjected to discipline, there shall, with the
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consent of the director of the department of corrections or the director’s designee and upon
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recommendation by the assistant director of institutions/operations, be deducted from the term or
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terms of sentence of that prisoner ten (10) days for each month’s good behavior.
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(d) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct, as
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determined by the assistant director, institutions/operations, subject to the authority of the director,
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there shall be deducted one day from the time he or she shall have gained for good conduct.
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(e) The assistant director, or the assistant director’s designee, subject to the authority of the
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director, shall have the power to restore lost good conduct time in whole or in part upon a showing
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by the prisoner of subsequent good behavior and disposition to reform.
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(f) For each month that a prisoner who has been sentenced to imprisonment for more than
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one month and not under sentence to imprisonment for life has faithfully engaged in institutional
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industries there shall, with the consent of the director, upon the recommendation to the director by
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the assistant director, institutions/operations, be deducted from the term or terms of the prisoner an
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additional two (2) to five (5) days a month.
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(g) Except those prisoners serving a sentence imposed for violation of subsection (a) or (b)
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of this section, for each month that a prisoner who has been sentenced to imprisonment for more
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than one month and not under sentence to imprisonment for life has participated faithfully in
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programs that have been determined by the director or the director’s designee to address that
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prisoner’s individual needs that are related to his/her criminal behavior, there may, with the consent
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of the director and upon the recommendation of the assistant director, rehabilitative services, be
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deducted from the term or terms of the prisoner up to an additional five (5) days a month.
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Furthermore, whenever the prisoner has successfully completed such program, there may; with the
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consent of the director and upon the recommendation by the assistant director, rehabilitative
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services, be deducted from the term or terms of the prisoner up to an additional thirty (30) days.
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(h)(1) A person who is serving a term or terms of a probation sentence of one year or

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longer, including a person who has served a term of incarceration followed by a probation sentence,
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except those serving a term of probation for a sentence in violation of § 11-5-1 (where the specified
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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
,
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or § 31-27-2.2
shall upon serving three years of their probation sentence be eligible to earn time
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off their term or terms of the probation sentence for compliance with court-ordered terms and
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conditions of probation. Calculation of these credits shall commence upon the probationer’s
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completion of all terms of incarceration.
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(2) The director, or the director’s designee, shall keep a record of the conduct of each
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probationer. For each month that the probationer has not had a judicial finding of a violation of
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conditions of probation, there shall, with the consent of the director of the department of
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corrections, or designee, upon recommendation of the assistant director of institutions/operations,
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or designee, be deducted from the term or terms of the probationer’s sentence ten (10) days for each
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month’s compliance with the terms and conditions of his or her probation.
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(3) For each month that a violation of probation is pending the probationer shall not be
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eligible to earn probation compliance credits. In the event there is a judicial determination that the
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probationer did not violate his or her terms and conditions of probation, credit will be awarded
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retroactive to the date of the filing of the probation violation. In the event there is a judicial
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determination that the probationer did violate his or her terms and conditions of probation, the
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probationer shall not be awarded compliance credits for the time during which the violation was
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pending, and further, the court may order revocation of prior earned compliance credits.
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(4) The probation department of the department of corrections shall keep a record of the
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probationer’s sentence to include the person’s end of sentence date based on earned credits for
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compliance with their terms and conditions of probation.
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(5) This section shall apply to all individuals sentenced to probation, including those
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sentenced prior to enactment of the statute. However, the award of probation compliance credits
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shall be prospective only from the date of enactment of the statute.
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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 STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT
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This act would prohibit defendants who are serving probation for driving under the
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influence death resulting from earning good time off their probationary period.
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This act would take effect upon passage.
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