(a) Whenever it is provided that any offense shall be punished by a fine or imprisonment,
the court imposing punishment may, in its discretion, select the kind of punishment
to be imposed, and, if the punishment is fine or imprisonment, its amount or term
within the limits prescribed by law; provided, if the punishment to be imposed is
imprisonment, the sentence or sentences imposed shall be reduced by the number of
days spent in confinement while awaiting trial and while awaiting sentencing; and
provided, further, that in the case of a person sentenced to a life sentence, the
time at which he or she shall become eligible to apply for parole shall be reduced
by the number of days spent in confinement while awaiting trial and while awaiting
sentencing; and any sentence or sentences in effect at present, including the provision
as to a life sentence as described in this subsection may be reduced in like manner
by the court which imposed the sentence upon application by the person serving the
sentence to the court.
(b) The court upon the sentencing of a first-time offender, excluding capital offense
and sex offense involving minors, may in appropriate cases sentence the person to
a term of imprisonment, and allow the person to continue in his or her usual occupation
or education and shall order the person to be confined in a minimum security facility
at the A.C.I. during his or her nonworking or study hours.
(c) The director of corrections or his or her designee may impose any conditions and restrictions
upon the release of persons sentenced under this section that he or she deems necessary.
(d) The director of corrections may at any time, subject to the approval of the director,
recall a prisoner from release status if he or she believes or has reason to believe
the peace, safety, welfare, or security of the community may be endangered by the
prisoner being under release status. Any prisoner recalled under this subsection shall
be presented to the next regularly scheduled meeting of the classification board for
its further consideration.
(e) A prisoner authorized to work at paid employment in the community under this section
may be required to pay, and the director is authorized to collect, costs incident
to the prisoner’s confinement as the director deems appropriate and reasonable. These
collections shall be deposited with the treasurer as a part of the general revenue
of the state.
(f) When a sentenced inmate’s parole release date or completion of sentence falls on a
weekend or on a holiday, the department of corrections may release the inmate on the
prior business day.
(g) When a sentenced inmate is scheduled to be released from the custody of the department
of corrections to a community partner for residential treatment and/or to a facility
to maintain stable living conditions, and the inmate’s release date or completion
of sentence is incompatible with the capacity, staffing, or scheduling capabilities
of the community partner facility, the department of corrections may release the inmate
up to three (3) business days earlier than the scheduled release date, provided the
inmate transitions directly from the department of corrections to the community partner
facility.
Notes of Decisions
Alexander Rose v. State of Rhode Island, 92 A.3d 903 (R.I. 2014).
· cites it 29× “As we have previously explained, § 12-19-2 represents the Legislature’s “benevolent effort to assist the person who, because of an inability to make bail, [has] been cast into a sort of limbo” where his or her “time spent awaiting trial or sentence [can]not be credited towards…”
State v. Anthony Parrillo, 158 A.3d 283 (R.I. 2017).
· cites it 25× “1956 § 42-56-24 and G.L. 1956 § 12-19-2, and would affirm the Superior Court’s decision that Parrillo’s probation had already ended when he was charged with assault.”
State v. Holmes, 277 A.2d 914 (R.I. 1971).
· cites it 16× “1956 (1969 Reenactment) §12-19-2. The record establishes that some time in 1967, appellant was placed on a deferred sentence in connection with indictment No.”
State v. Graff, 17 A.3d 1005 (R.I. 2011).
· cites it 6× “1989), to support its contention that there are only two avenues whereby a defendant may gain access to participation in the work-release program: (1) by a court order to that effect at the time of sentencing where the relevant statute so permits (see G.L.1956 § 12-19-2); 4 or…”
State v. Allen Wray, 101 A.3d 884 (R.I. 2014).
· cites it 11× “The state argues, therefore, that defendant is not entitled to credit to his robbery sentences because this period of time has already been credited to his drug-related sentences.”
State v. Pari, 553 A.2d 135 (R.I. 1989).
· cites it 11× “1956 (1981 Reenactment) § 12-19-2 the trial justice ordered that defendant begin serving his sentence at a minimum-security, work-release facility at the ACI.”
Santos v. Howard, 278 A.2d 839 (R.I. 1971).
· cites it 19× “1956 (1969 *667 Reenactment) §12-19-2. That section, in pertinent part, provides that whenever the court in imposing punishment prescribes imprisonment, “* * * such sentence or sentences imposed shall be reduced by the number of days spent in confinement while awaiting trial and…”
State v. Ilacqua, 765 A.2d 822 (R.I. 2001).
· cites it 6× “1 Pursuant to G.L.1956 § 12-19-2, 2 defendant was credited with the 170 days he had been held without bail pending a hearing on the violation of his probationary sentence.”
State v. Taylor, 272 A.2d 680 (R.I. 1971).
· cites it 6× “1956 (1969 Reenactment) §12-19-2. 1 The defendant was apprehended on December 25, 1963, and subsequently indicted for murder.”
State v. Bergevine, 883 A.2d 1158 (R.I. 2005).
· cites it 2× “This conclusion is supported by G.L.1956 § 12-19-2(a), which states that "if the punishment to be imposed is imprisonment, the sentence or sentences imposed shall be reduced by the number of days spent in confinement while awaiting trial and while awaiting sentencing * * This…”
State v. Skirvin, 322 A.2d 297 (R.I. 1974).
· cites it 4× “1956 (1969 Reenactment) §12-19-2. On June 19, 1971 at 6:30 p.m. Thomas A.”
— R.I. Gen. Laws § 12-19-2(a) — 6 cases
Alexander Rose v. State of Rhode Island, 92 A.3d 903 (R.I. 2014).
“As we have previously explained, § 12-19-2 represents the Legislature’s “benevolent effort to assist the person who, because of an inability to make bail, [has] been cast into a sort of limbo” where his or her “time spent awaiting trial or sentence [can]not be credited towards…”
State v. Anthony Parrillo, 158 A.3d 283 (R.I. 2017).
“1956 § 42-56-24 and G.L. 1956 § 12-19-2, and would affirm the Superior Court’s decision that Parrillo’s probation had already ended when he was charged with assault.”
State v. Allen Wray, 101 A.3d 884 (R.I. 2014).
“The state argues, therefore, that defendant is not entitled to credit to his robbery sentences because this period of time has already been credited to his drug-related sentences.”
State v. Bergevine, 883 A.2d 1158 (R.I. 2005).
“This conclusion is supported by G.L.1956 § 12-19-2(a), which states that "if the punishment to be imposed is imprisonment, the sentence or sentences imposed shall be reduced by the number of days spent in confinement while awaiting trial and while awaiting sentencing * * This…”
State v. Ilacqua, 765 A.2d 822 (R.I. 2001).
“1 Pursuant to G.L.1956 § 12-19-2, 2 defendant was credited with the 170 days he had been held without bail pending a hearing on the violation of his probationary sentence.”
— R.I. Gen. Laws § 12-19-2(b) — 1 case
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