(a) The parole board, in the case of any prisoner whose sentence is subject to its control,
unless that prisoner is sentenced to imprisonment for life, and unless that prisoner
is confined as a habitual criminal under the provisions of § 12-19-21, may, by an affirmative vote of a majority of the members of the board, issue to
that prisoner a permit to be at liberty upon parole, whenever that prisoner has served
not less than one-third (⅓) of the term for which he or she was sentenced. The permit
shall entitle the prisoner to whom it is issued to be at liberty during the remainder
of his or her term of sentence upon any terms and conditions that the board may prescribe.
(b) Notwithstanding the provisions of subsection (a) of this section, in the case of a
conviction for a first- or second-degree murder committed after July 1, 2015, when
the prisoner has not been sentenced to life, the prisoner shall not be eligible for
a parole permit until he or she has served at least fifty-percent (50%) of his or
her sentence.
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1968–2025 · leading case:
Lerner v. Gill, 463 A.2d 1352 (R.I. 1983).
Lerner v. Gill, 463 A.2d 1352 (R.I. 1983).
· cites it 10× “Any person, with the exception of a prisoner known as a "lifer" or a "habitual criminal" who is serving a single sentence, may, because of the provisions of § 13-8-9, be paroled after having served one-third of the sentence.”
Curtis v. State, 996 A.2d 601 (R.I. 2010).
· cites it 8× “The state argues that, according to their plain meanings, §§ 13-8-9 4 and 13-8-19(b) 5 contemplate parole as inclusive of all attendant terms and conditions.”
State v. Ouimette, 367 A.2d 704 (R.I. 1976).
· cites it 6× “General Laws 1956 (1969 Reenactment) §13-8-9. Subsequently, he made several applications for parole, all of which were denied by the Parole Board [hereinafter sometimes referred to as “the board”].”
Pine v. Clark, 636 A.2d 1319 (R.I. 1994).
· cites it 3× “Section 13-8-9. The board’s control over a sentence is triggered if a convicted person is sentenced to imprisonment in the ACI for more than six months.”
Brown v. State, 32 A.3d 901 (R.I. 2011).
“The parole board is authorized by § 13-8-9 to issue parole permits to prisoners “whose sentence is subject to its control” in a discretionary fashion “whenever that prisoner has served not less than one-third (1/3) of the term for which he or she was sentenced,” with the…”
State v. Rice, 811 A.2d 1144 (R.I. 2002).
· cites it 4× “1 Section 13-8-9 indicates that the parole board has control over a prisoner’s sentence except in cases in which the prisoner “is sentenced to imprisonment for life or confined as an habitual criminal under the provisions of § 12-19-21[.”
Skawinski v. State, 538 A.2d 1006 (R.I. 1988).
· cites it 2× “With regard to parole eligibility, § 13-8-9 provides in part that “[t]he parole board in the case of any prisoner whose sentence is subject to its control * * * may by an affirmative vote of a majority of the members of the board, issue to such prisoner a permit to be at liberty…”
Petrarca v. Rhode Island, 583 F. Supp. 297 (D.R.I. 1984).
· cites it 3× “The 1980 amendment to the section changed it to its present form: A permit shall not be issued to any prisoner under the authority of §§ 13-8-9 to 13-8-13 inclusive unless it shall appear to the board: (a) That the prisoner has substantially observed the rules of the institution…”
Grieco v. Langlois, 240 A.2d 595 (R.I. 1968).
“1956, §13-8-9, authorizes the parole board to permit a prisoner under its control, except if serving a life term or confined as an habitual criminal, to be at liberty upon parole for the remainder of his term, of sentence whenever he shall have served at least one third of that…”
Lerner v. Gill, 580 F. Supp. 1056 (D.R.I. 1984).
· cites it 3× “R.I. Gen.Laws § 13-8-9. Surely, had the legislature considered it significant, it would have addressed itself to the subject of successive life sentences.”
State v. John Davis (R.I. 2023).
“1956 § 13-8-9(a) (excluding individuals serving habitual offender sentences from being subject to the parole board’s vote to grant parole).”
— R.I. Gen. Laws § 13-8-9(a) — 3 cases
State v. John Davis (R.I. 2023).
“1956 § 13-8-9(a) (excluding individuals serving habitual offender sentences from being subject to the parole board’s vote to grant parole).”
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