Last week Rhode Island Superior Court Judge Stephen Nugent ordered the release on parole of three individuals who were convicted of crimes committed when they were teenagers and who were recently granted parole, but who nonetheless continued to be held at the ACI (Adult Correctional Institutions).

It was a victory on the part of the ACLU, and the families and supporters of the men ranted parole celebrated, but that celebration was muted in the face of a possible appeal by the Rhode Island Attorney General, acting on behalf of Governor Daniel McKee and the Rhode Island Department of Correction (DOC) who interpreted the law in such a way as to prevent the release of the three men, and the future release of as many a seven others granted a chance at parole under the recently passed bill.

Yesterday that show dropped and Attorney General Peter Neronha appealed the decision the the Rhode Island Supreme Court, further delaying the release of the three men. In ruling from the bench, Judge Nugent noted that for each day the three men remained unlawfully incarcerated, they could never get that time back. Note those words: Unlawfully incarcerated.

In the Attorney General’s appeal, he avers that “the plain language of the statute refers to individuals sentenced for ‘any offense’ and does not apply to individuals serving multiple sentences – and also erred in ordering the Parole Board to immediately parole Neves from the ACI.”

But the legislative intent of the bill is clear.

In her press release following Superior Court Judge Nugent’s decision, the bill’s champion, Representative Julie Casimiro (Democrat, District 31, North Kingstown, Exeter), wrote, “[t]he continued detention was violating a law enacted by the General Assembly last year, ‘Mario’s Law,’ designed to give young offenders serving lengthy sentences a chance to demonstrate that they deserve an early release on parole.”

Representative Casimiro goes on to say, “I thank Superior Court Associate Justice Nugent for correctly interpreting the law so that these three men may begin to rebuild their lives after fully paying for their crimes and demonstrating their complete rehabilitation.” [emphasis mine]

Governor Daniel McKee, through the Department of Corrections and Attorney General Peter Neronha, is interpreting the law the way he is, and unlawfully incarcerating these men, because “it’s an election year.”

For more on the long road to passing Mario’s Law, see:

• The Juvenile Offender Parole Act would allow a second chance at life
• ACLU charges state with undermining law designed to reduce the incarceration of juvenile offenders
• The time is now to pass Mario’s Bill and reform juvenile sentencing in RI
• Mario Monteiro: Sentenced as a juvenile to life in prison
• Bill would allow for the possibility for parole for juveniles serving life
• Bill would disallow juveniles being sentenced to life without possibility of parole