Bill Sponsors
Representative Patricia A. Serpa
Committee
House Judiciary
Summary
Select
This bill changes the rules for people on probation who want to earn time off their sentences for good behavior. Specifically, it adds a new criminal offense (Section 31-27-2.2, which relates to driving under the influence resulting in death) to the list of serious crimes that do not qualify for these probation reductions. Anyone serving probation for this specific offense will no longer be allowed to shorten their probation time by complying with court-ordered rules, meaning they must serve their full probation term.
Sponsor
Analysis
Pros for Progressives
- Prioritizes community safety and the welfare of the public by ensuring that individuals who commit severe offenses serve their full probationary oversight period.
- Provides a sense of justice and support for the families of victims affected by severe vehicular crimes by ensuring strict accountability.
- Maintains the integrity of the justice system by distinguishing between lesser offenses eligible for leniency and severe offenses that require comprehensive monitoring.
Cons for Progressives
- Reduces incentives for rehabilitation and good behavior for individuals convicted of this specific offense, potentially hindering their successful reintegration into society.
- Increases the long-term population of individuals on probation, which could strain public resources and the social safety net without necessarily preventing future crimes.
- Relies on a punitive approach rather than a restorative justice model, conflicting with progressive goals of systemic criminal justice reform and reduced state supervision.
Pros for Conservatives
- Strengthens the rule of law by ensuring that offenders convicted of severe crimes face the full consequences of their actions without early release loopholes.
- Enhances public safety by keeping strict government oversight on individuals who have proven to be a significant danger to the community.
- Honors the rights of victims and their families by guaranteeing that the original sentence handed down by the judge is fully served.
Cons for Conservatives
- Increases the administrative burden and costs on the state by requiring probation officers to monitor individuals for longer periods, expanding government spending.
- Limits personal freedom by keeping individuals under state supervision for a longer duration, even if they have demonstrated perfect compliance and rehabilitation.
- Removes a practical tool used by the criminal justice system to manage caseloads, potentially leading to government inefficiency.
Constitutional Concerns
None Likely. The legislature has broad authority to define criminal penalties and the conditions of probation, including statutory eligibility for earned time credits. Excluding specific offenses from early probation termination does not generally violate due process or equal protection, provided the law is applied equally to all individuals convicted of that specific offense.
Impact Overview
Groups Affected
- Individuals on probation
- Department of Corrections staff
- Probation officers
- Judicial system personnel
- Victims of severe driving offenses
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
Importance
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Freedom Impact
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Public Services
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Regulatory
Estimated regulatory burden imposed on the subject(s) of the bill.
Clarity of Bill Language
How clear the language of the bill is. Higher ambiguity equals a lower score.
Enforcement Provisions
Measures enforcement provisions and penalties for non-compliance (if applicable).
Environmental Impact
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Privacy Impact
Impact the bill is likely to have on the privacy of individuals.
Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 04/15/2026 Introduced, referred to House Judiciary
• 04/24/2026 Scheduled for hearing and/or consideration (04/28/2026)
• 04/28/2026 Committee recommended measure be held for further study
• 04/24/2026 Scheduled for hearing and/or consideration (04/28/2026)
• 04/28/2026 Committee recommended measure be held for further study
Bill Text
SECTION 1. Section 42-56-24 of the General Laws in Chapter 42-56 entitled "Corrections Department" is hereby amended to read as follows:
42-56-24. Earned time for good behavior or program participation or completion.
(a) A person serving a sentence of a violation of § 11-5-1 (where the specified felony is 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 time off their term or terms of incarceration for good behavior.
(b) The director, or the director’s designee, shall keep a record of the conduct of each prisoner, and for each month that a prisoner who has been sentenced to imprisonment for six (6) months or more and not under sentence to imprisonment for life, appears by the record to have faithfully observed all the rules and requirements of the institutions and not to have been subjected to discipline, and is serving a sentence imposed for violation of sexual offenses under § 11-37-4, § 11-37-6, § 11-37-8, or § 11-9-1.3 there shall, with the consent of the director of the department of corrections, or the director’s designee, upon recommendation to him or her by the assistant director of institutions/operations, be deducted from the term or terms of sentence of that prisoner the same number of days that there are years in the term of his or her sentence; provided, that when the sentence is for a longer term than ten (10) years, only ten (10) days shall be deducted for one month’s good behavior; and provided, further, that in the case of sentences of at least six (6) months and less than one year, one day per month shall be deducted.
For the purposes of this subsection computing the number of days to be deducted for good behavior, consecutive sentences shall be counted as a whole sentence. This subsection recognizes the serious nature of sex offenses; promotes community safety and protection of the public; and maintains the ability of the department of corrections to oversee the rehabilitation and supervision of sex offenders.
(c) For all prisoners serving sentences of more than one month, and not serving a sentence of imprisonment for life or a sentence imposed for a violation of the offenses identified in subsection (a) or (b) of this section the director, or the director’s designee, shall keep a record of the conduct of each prisoner, and for each month that prisoner has faithfully observed all the rules and requirements of the institutions and has not been subjected to discipline, there shall, with the consent of the director of the department of corrections or the director’s designee and upon recommendation by the assistant director of institutions/operations, be deducted from the term or terms of sentence of that prisoner ten (10) days for each month’s good behavior.
(d) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct, as determined by the assistant director, institutions/operations, subject to the authority of the director, there shall be deducted one day from the time he or she shall have gained for good conduct.
(e) The assistant director, or the assistant director’s designee, subject to the authority of the director, shall have the power to restore lost good conduct time in whole or in part upon a showing by the prisoner of subsequent good behavior and disposition to reform.
(f) For each month that a prisoner who has been sentenced to imprisonment for more than one month and not under sentence to imprisonment for life has faithfully engaged in institutional industries there shall, with the consent of the director, upon the recommendation to the director by the assistant director, institutions/operations, be deducted from the term or terms of the prisoner an additional two (2) to five (5) days a month.
(g) Except those prisoners serving a sentence imposed for violation of subsection (a) or (b) of this section, for each month that a prisoner who has been sentenced to imprisonment for more than one month and not under sentence to imprisonment for life has participated faithfully in programs that have been determined by the director or the director’s designee to address that prisoner’s individual needs that are related to his/her criminal behavior, there may, with the consent of the director and upon the recommendation of the assistant director, rehabilitative services, be deducted from the term or terms of the prisoner up to an additional five (5) days a month. Furthermore, whenever the prisoner has successfully completed such program, there may; with the consent of the director and upon the recommendation by the assistant director, rehabilitative services, be deducted from the term or terms of the prisoner up to an additional thirty (30) days.
(h)(1) A person who is serving a term or terms of a probation sentence of one year or LC006321 - Page 2 of 4 longer, including a person who has served a term of incarceration followed by a probation sentence, except those serving a term of probation for a sentence in violation of § 11-5-1 (where the specified 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, or § 31-27-2.2 shall upon serving three years of their probation sentence be eligible to earn time off their term or terms of the probation sentence for compliance with court-ordered terms and conditions of probation. Calculation of these credits shall commence upon the probationer’s completion of all terms of incarceration.
(2) The director, or the director’s designee, shall keep a record of the conduct of each probationer. For each month that the probationer has not had a judicial finding of a violation of conditions of probation, there shall, with the consent of the director of the department of corrections, or designee, upon recommendation of the assistant director of institutions/operations, or designee, be deducted from the term or terms of the probationer’s sentence ten (10) days for each month’s compliance with the terms and conditions of his or her probation.
(3) For each month that a violation of probation is pending the probationer shall not be eligible to earn probation compliance credits. In the event there is a judicial determination that the probationer did not violate his or her terms and conditions of probation, credit will be awarded retroactive to the date of the filing of the probation violation. In the event there is a judicial determination that the probationer did violate his or her terms and conditions of probation, the probationer shall not be awarded compliance credits for the time during which the violation was pending, and further, the court may order revocation of prior earned compliance credits.
(4) The probation department of the department of corrections shall keep a record of the probationer’s sentence to include the person’s end of sentence date based on earned credits for compliance with their terms and conditions of probation.
(5) This section shall apply to all individuals sentenced to probation, including those sentenced prior to enactment of the statute. However, the award of probation compliance credits shall be prospective only from the date of enactment of the statute.
SECTION 2. This act shall take effect upon passage.
42-56-24. Earned time for good behavior or program participation or completion.
(a) A person serving a sentence of a violation of § 11-5-1 (where the specified felony is 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 time off their term or terms of incarceration for good behavior.
(b) The director, or the director’s designee, shall keep a record of the conduct of each prisoner, and for each month that a prisoner who has been sentenced to imprisonment for six (6) months or more and not under sentence to imprisonment for life, appears by the record to have faithfully observed all the rules and requirements of the institutions and not to have been subjected to discipline, and is serving a sentence imposed for violation of sexual offenses under § 11-37-4, § 11-37-6, § 11-37-8, or § 11-9-1.3 there shall, with the consent of the director of the department of corrections, or the director’s designee, upon recommendation to him or her by the assistant director of institutions/operations, be deducted from the term or terms of sentence of that prisoner the same number of days that there are years in the term of his or her sentence; provided, that when the sentence is for a longer term than ten (10) years, only ten (10) days shall be deducted for one month’s good behavior; and provided, further, that in the case of sentences of at least six (6) months and less than one year, one day per month shall be deducted.
For the purposes of this subsection computing the number of days to be deducted for good behavior, consecutive sentences shall be counted as a whole sentence. This subsection recognizes the serious nature of sex offenses; promotes community safety and protection of the public; and maintains the ability of the department of corrections to oversee the rehabilitation and supervision of sex offenders.
(c) For all prisoners serving sentences of more than one month, and not serving a sentence of imprisonment for life or a sentence imposed for a violation of the offenses identified in subsection (a) or (b) of this section the director, or the director’s designee, shall keep a record of the conduct of each prisoner, and for each month that prisoner has faithfully observed all the rules and requirements of the institutions and has not been subjected to discipline, there shall, with the consent of the director of the department of corrections or the director’s designee and upon recommendation by the assistant director of institutions/operations, be deducted from the term or terms of sentence of that prisoner ten (10) days for each month’s good behavior.
(d) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct, as determined by the assistant director, institutions/operations, subject to the authority of the director, there shall be deducted one day from the time he or she shall have gained for good conduct.
(e) The assistant director, or the assistant director’s designee, subject to the authority of the director, shall have the power to restore lost good conduct time in whole or in part upon a showing by the prisoner of subsequent good behavior and disposition to reform.
(f) For each month that a prisoner who has been sentenced to imprisonment for more than one month and not under sentence to imprisonment for life has faithfully engaged in institutional industries there shall, with the consent of the director, upon the recommendation to the director by the assistant director, institutions/operations, be deducted from the term or terms of the prisoner an additional two (2) to five (5) days a month.
(g) Except those prisoners serving a sentence imposed for violation of subsection (a) or (b) of this section, for each month that a prisoner who has been sentenced to imprisonment for more than one month and not under sentence to imprisonment for life has participated faithfully in programs that have been determined by the director or the director’s designee to address that prisoner’s individual needs that are related to his/her criminal behavior, there may, with the consent of the director and upon the recommendation of the assistant director, rehabilitative services, be deducted from the term or terms of the prisoner up to an additional five (5) days a month. Furthermore, whenever the prisoner has successfully completed such program, there may; with the consent of the director and upon the recommendation by the assistant director, rehabilitative services, be deducted from the term or terms of the prisoner up to an additional thirty (30) days.
(h)(1) A person who is serving a term or terms of a probation sentence of one year or LC006321 - Page 2 of 4 longer, including a person who has served a term of incarceration followed by a probation sentence, except those serving a term of probation for a sentence in violation of § 11-5-1 (where the specified felony is murder or sexual assault), § 11-23-1, § 11-26-1.4, § 11-37-2, § 11-37-8.1,
(2) The director, or the director’s designee, shall keep a record of the conduct of each probationer. For each month that the probationer has not had a judicial finding of a violation of conditions of probation, there shall, with the consent of the director of the department of corrections, or designee, upon recommendation of the assistant director of institutions/operations, or designee, be deducted from the term or terms of the probationer’s sentence ten (10) days for each month’s compliance with the terms and conditions of his or her probation.
(3) For each month that a violation of probation is pending the probationer shall not be eligible to earn probation compliance credits. In the event there is a judicial determination that the probationer did not violate his or her terms and conditions of probation, credit will be awarded retroactive to the date of the filing of the probation violation. In the event there is a judicial determination that the probationer did violate his or her terms and conditions of probation, the probationer shall not be awarded compliance credits for the time during which the violation was pending, and further, the court may order revocation of prior earned compliance credits.
(4) The probation department of the department of corrections shall keep a record of the probationer’s sentence to include the person’s end of sentence date based on earned credits for compliance with their terms and conditions of probation.
(5) This section shall apply to all individuals sentenced to probation, including those sentenced prior to enactment of the statute. However, the award of probation compliance credits shall be prospective only from the date of enactment of the statute.
SECTION 2. This act shall take effect upon passage.