Rhode Island Code of Regulations Title 242 - Parole Board
Rhode Island Code of Regulations Title 242 is dedicated to the Rhode Island Parole Board. This set of administrative rules provides the operational guidelines and specific criteria that the Parole Board uses to make decisions regarding the conditional release of eligible inmates from incarceration into community supervision.
The Rhode Island Parole Board is a quasi-judicial body with the crucial role of balancing public safety with the potential for successful reintegration of offenders. It operates under the authority granted by Rhode Island General Laws (primarily R.I. Gen. Laws Title 13, Chapter 8 - Parole).
Based on the nature of parole boards and information gathered, Title 242 typically covers the following key areas:
Part 1: Standards for Parole (242-RICR-00-00-1)
This is the central part of the regulations and outlines the guidelines and criteria the Board uses to evaluate individual applications for parole. It establishes the framework for how the Board determines whether an inmate should be granted early release from prison and placed under community supervision.
Mission and Purpose: Often begins by stating the Board's mission, which typically includes enhancing public safety, promoting the prudent use of public resources, and considering the safe and successful re-entry of offenders.
Parole Eligibility: While statutory law defines initial eligibility (e.g., serving one-third of a sentence), these rules would detail how the Board interprets and applies those eligibility criteria.
Factors Considered for Parole Release: This is a crucial section, outlining the comprehensive set of factors the Board considers, which often includes:
Seriousness of the Offense: The nature and circumstances of the crime, including whether it involved a weapon, injury, or was repetitive.
Institutional Adjustment: The inmate's behavior, disciplinary record, and participation in rehabilitation, educational, and vocational programs while incarcerated. (e.g., often requiring no significant infractions in the prior six months).
Risk Assessment: The use of validated risk assessment instruments (e.g., LSI-R scores mentioned in search results) to determine the likelihood of recidivism. This includes both static (unchanging, like criminal history) and dynamic (changeable, like program participation) factors.
Parole Plan: The appropriateness and strength of the inmate's proposed parole plan, including a stable residential plan (address and phone number, willingness of occupant/owner), a verified job offer (notarized or on company letterhead), and willingness to enroll in relevant rehabilitation or educational programs in the community. The Board places significant emphasis on this.
Psychosocial Characteristics: Employment history, education level, mental health status (often reviewing psychological reports), and history of substance abuse or other addictions.
Input from Victims and Community: The Board often considers statements from victims, law enforcement, and community representatives, though opposition alone may not be the sole basis for denial.
Work Release Success: Performance in work-release programs.
Conditions of Parole: The general and specific terms and conditions that parolees must abide by while under supervision (e.g., obeying all laws, reporting to a parole officer, avoiding certain individuals or locations, participating in treatment programs).
Medical and Geriatric Parole: Specific criteria and procedures for granting medical parole (for terminally ill, severely ill, or permanently incapacitated prisoners) and geriatric parole (for aging prisoners), often outlined in conjunction with the Department of Corrections medical director. This includes requirements for medical reports and discharge plans.
Child Molestation Offenses: Specific rules for community supervision for persons convicted of first and second-degree child molestation, which the Parole Board also functions as the Community Supervision Board for these cases.
Reconsideration Hearings: Procedures for setting and conducting reconsideration hearings for inmates not initially granted parole.
Waiver of Hearings: Rules for inmates waiving their right to initial or reconsideration hearings.
Hearing Procedures: General procedures for how parole hearings are conducted.
Decision-Making Process: How the Board makes its decisions, including voting requirements and the issuance of written decisions with reasons for granting or denying parole.
Division 00 - N/A (Not Applicable) - Other Parts (if any): While the main focus appears to be on the "Standards for Parole" part, other parts might exist or be introduced in the future to cover specific administrative procedures not directly related to the eligibility standards, such as:
General procedural rules for the Board (e.g., notice for meetings, public records access).
Rules for parole revocation hearings and procedures.
Guidelines for early termination of parole supervision.
Overall Responsibilities of the Rhode Island Parole Board:
As an independent, quasi-judicial entity, the Rhode Island Parole Board's key responsibilities include:
Granting Discretionary Parole: Reviewing applications and deciding whether to release eligible inmates (serving sentences greater than six months, excluding life without parole) from prison before their maximum sentence.
Imposing Conditions of Release: Setting specific terms and conditions that parolees must follow to ensure successful reintegration and public safety.
Conducting Revocation Hearings: Holding hearings for parolees who violate their conditions of release to determine if parole should be revoked and the individual returned to prison.
Overseeing Medical and Geriatric Parole: Evaluating and granting conditional release for terminally ill, severely ill, permanently incapacitated, or aging prisoners.
Community Supervision for Child Molestation Offenses: Acting as the Community Supervision Board for individuals convicted of first and second-degree child molestation, imposing and managing their community supervision terms after incarceration.
Victim Notification and Input: Ensuring victims of crimes have the right to be notified and to provide input to the Board regarding an inmate's parole application.
Data Collection and Reporting: While not always detailed in the OARs themselves, the Board typically collects data and reports on its decisions and outcomes.
For the most accurate and up-to-date regulations for the Rhode Island Parole Board, it is always recommended to consult the official Rhode Island Department of State's website for administrative rules (rules.sos.ri.gov) or the Rhode Island Parole Board's official website (paroleboard.ri.gov).
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